Approved Code No. 156 Registry No. 8

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

RUBBER MANUFACTURING

INDUSTRY

AS APPROVED ON DECEMBER 15, 1933

BY

PRESIDENT ROOSEVELT

ME8R

DOCUENTSDEP WE O UR PARr

1. Executive Order

2. Letter of Transmittal

3. Code

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Approved Code No. 156

CODE OF FAIR COMPETITION

FOR THE

RUBBER MANUFACTURING INDUSTRY

As Approved on December 15, 1933

BY

PRESIDENT ROOSEVELT

Executive Order

An application having been duly made, pursuant to and i

compliance with provisions of title I of the National Indu

Recovery Act, approved June 16, 1933, for my approval of a C

Fair Competition for the Rubber Manufacturing Industry

hearings having been held thereon and the Administrator h

rendered his report containing an analysis of the said code o

competition, together with his recommendations and findings 

respect thereto, and the Administrator having found that th

code of fair competition complies in all respects with the per

provisions of title I of said act and that the requirements of 

(1) and (2) of subsection (a) of section 3 of the said act hav

b

met:

NOW, THEREFORE, I, Franklin D. Roosevelt, President 

t

United States, pursuant to the authority vested in me by titl

the National Industrial Recovery Act, approved June 16, 193

otherwise, do adopt and approve the report, recommendation

findings of the Administrator and do order that the said c

fair competition be, and it is hereby, approved.

FRANKLIN D. ROOSEVE

Approval THE 260-6-244-156--33 Hucia WHTE December recommended: S. HouSE, JOHNSON, Adm 15, inistrator. 1933. (69)
DEC)iMBEivi 

The PrEFSIDET,

The WFh ite IIUIN(.

Sm: The proposed Code of Fair Competition for th

Manufacturing Indlhatry (except. tires) was submitted to th

ist rator on September 26, 1933, by the Rubber Manufactur

eiation. The Association states it represents approxima

of the volume of production and over 50J of the memb

Industry. The hearings was conducted in Washington o

25. 1933. The Code was revised during the recess of thi

and is submitted in its preselit form for approval. Every p

requested an appearance was properly heard in accord

statutory and regulatory requirements.

This Code consists of a basic code for the Industry toge

nine supplementary codes for the following Division

Industry:

Automobile Fabrics, Proofing and Backing Division.

Rubber Flooring Division.

Rubber Footwear Division.

Hard Rubber Division.

Heel and Sole Division.

Mechanical Rubber Goods Division.

Sponge Rubber Division.

Rubber Sundries Division.

Rainwear Division.

BASIC CODE-CHAPTER I

Chapter I of the Code establishes the relationship be

Code Authority, the several Divisional Authorities, and th

Mannfaturers' Association, for the administration of the C

Chapter includes all mandatory provisions of the Act, tog

the maxiniu hours and minimum wages, applicable to 

Industry except the Rainwear Division. It further inc

general trade practices which again are applicable to all D

DIVISIONAL CODES

hIe supplementary chapters include the definitions of t

Divisions, the composition and basis for the selection o

Visioia work iii 'ver'V nilils 1intder aiy more 1i mayIAuthorities, one visi, this than day. be Ctle, made 40 Each id lours to no the the any employee cmjployee in method trade II1oIl" Diivisional any OJeI practices (70) may, OF by (with WORK week which Code. however, the ni&Pr specifically alterations exceptions m1jore work than not appbeane
71

80 hours per year in excess of the maximum but in no case mo

t

48 hours per week. For all hours worked in excess of 40 ho

p

week, overtime shall be paid at the rate of time and one thir

Maintenance crews, engineers, firemen, electricians, shipping 

watchmen, and elevator operators shall not work more th

4

hours per week, except in emergencies. All time worked in 

of 45 hours per week in such cases shall be paid for at the r

time and one third.

Accounting, clerical, office, service, or sales employees 

outside salesmen) receiving $35.00 per week or less, are lim

t

an average of 40 hours a week over a period of one month bi

no case shall they work more than 48 hours in any one week

aried employees receiving more than $35.00 weekly and outsid

men are not restricted to any maximum hours.

In the Rainwear Division, factory employees are limited t

4

hours per week and 8 hours per day. All overtime is expressp

hibited. The Divisional Authority is required to report t

Administrator within ninety days after approval of this C

to the effect of a 40-hour week on re-employment in that D

WAGES

This Code provides for a minimum wage of $0.35 per hour. 

t

Rainwear Division, nonmanufactu ring employees shall be p

n

less than $0.35 per hour and manufacturing employees (as def

i

the Divisional Code) shall be paid not less than $0.40 peh

Apprentices may be paid $0.28 per hour during a six weeks' a

ticeship. Such apprentices are limited to five percent of tht

employees in any one establishment.

Minimums for salaried employees range from $12.00 per wi

towns of less than 2,500 population to $15.00 per week in citi

500,000. Clerical apprentices, office boys and girls, may be p

n

less than 80% of these minimums but may not constitute mort

five percent of the total office employees in any one establis

Provision is made for superannuated and disabled employe

equalization of rates of pay for men and women performi

t

same work; for equitable adjustments of pay schedules of 

employees above the minimum, and for the posting of the 

provisions of the Code.

ECONOMIC EFFECT OF CODE

This Code will affect approximately 400 establishments an

60,000 to 70,000 employees. Due to the inadequacy of govern

or industry data, the exact number cannot be determined. T

lowing estimates of the volume of sales and total num

employees Planning: Value Number of prodtic-------------------------------------------- employees have ------------------------------------------ been compiled by the Division $430,500,000 1929 80,550 1929 of $175,030,000 Researc1932 51, 360 Pd542
72

The Division estimates 73,000 wage earners were employ

Industry in August 1933 and 79,000 in October 1933. For 

month ihis is approximately the average number employed 

The indexes of the United Sta.ites Bureau of Labor Statis

cate that employment and payrolls have increased about 1

August to October, average hours per week have declined, 

age hourly earnings have increased slightly. It is believed 

tion of the maximum hours and minimun wages by all m

the Industry will tend to further increase emiployinent an

hourly earnings.

FINDINGS

The Administrator finds that:

1. This Code complies in ,ill respects with the pertinenp

of Title I of the Act, including but without limitation, S

(a) of Section 7, and Subsection (b) of Section 10 thereof

2. The RIubber Manufacturers' Association, Incorporated

representative of the Rubber Manufacturing Industry and i

contain no inequitable restrictions on membership.

3. The Code is not designed to promote monopolies or to 

or oppress small enterprises and will not operate to dis

against them. The Code will tend to effectuate the policy 

of the National Industrial Recovery Act.

It is therefore recommended that this Code be approved.

Respectfully,

HUJGLI S. JOHNSO

Admini
CODE OF FAIR COMPETITION

FOR THE

RUBBER MANUFACTURING INDUSTRY

CHAPTER I

To effect the policies of Title I of the National Industrial Recovery Act this Code is submitted as a Code of Fair Competition for

the Rubber Manufacturing Industry and, upon approval by the President, its provisions shall be the standards of fair competition for

this industry, and shall be binding upon every member thereof.

ARTICLE I

A. DEFINITIONS

SECTION 1. The term " Rubber Manufacturing Industry " or " Industry " as used herein means the manufacture for sale in the continental United States (including Alaska) of any rubber product or

products, expressly excluding, however, all solid and pneumatic tires

and pneumatic tubes, and tire accessories and/or tire repair materials, together with such other rubber products as may be specifically covered by another duly approved Code of Fair Competition.

SEC. 2. The term " Division of the Industry ", as used herein, includes the several branches of the Industry which have been or may

hereafter be established, as herein below provided, as administrative

units, under the provisions of this Code. The Divisions immediately established and defined in Chapters II to X are:

Automobile Fabrics, Proofing, and Backing Division

Rubber Flooring Division

Rubber Footwear Division

Hard Rubber Division

Heel and Sole Division

Mechanical Rubber Goods Division

Sponge Rubber Division

Rubber Sundries Division

Rainwear Division

SEc. 3. The term " Member of the Industry " includes, but without

limitation, any individual, partnership, association, corporation, or

other form of enterprise or any subsidiary or affiliate of the same

engaged in the Industry, either as an employer or on his or its own

behalf.

(73)
74

Src. 4. The term "'Member of the Division " includes any 

of the Industry classified in one of the Divisions of the 

now or hereafter established.

SE. 5. The teimi - Meiber of the Code " includes any M

the Industry who shall express v signify assent to this Code

Stc. G. The term " employee ", as used herein, includes 

all pcrsoIs engaged in the 1idtistry, however compensated, 

member of the Indistry.

Sic. 7. Tlhe terim "Asociation ", as used herein, means the 

Manufacturers Association, incorporated, a corporation o

under the laws of the State of Connecticut and having its p

oflioe at 250 West 57th Street, New York, New York.

SEC. 8. The term "the President ", as used herein, m

President of the United States.

SEC. 9. The term "the Act ', as used herein, means Title 

National Industrial Recovery Act.

SEC. 10. The terni the Administrator ", as used herein, m

Adininistrator appointed under the Act.

SEC. 11. Population for the purposes of this Code shall 

mined by reference to the latest Federal Census.

ARTICLE II

A. ADMINISTRATION AND ORGANIZATION

SEcmioN 1. To further effectuate the policies of the Act a 

Code Authority (herein referred to as "the Code Author

hereby set up for the administration of this Code.

SEC. 2. The Code A.Athority shall consist of the Chairme

several Divisional Code Authorities herein established. 

ininistrator, in his discretion, may appoint not more than th

tional nienbers (without vote) to represent the Adili nistrat

out expeNse to the Industry or Association. No two mem

alternates. of the Code Authority shall be affiliated with an

member of the Indnistry.

(a) I) order that tle Code Authority shall at all times b

representative of the industry and in other respects com

the provisions of the Act, the Administrator nay prescr

hearings as he may deem proper; and thereafter if be shall 

the Code Aitliority is not truly representative or does not 

repects complly with the plrovisions of the Act, may re

a ppropri ate modilication in the method of selection of t

AuthForitV.

(b) The G(Teneral Mainiager of the Rubber Manufacturers 

tion Shall act as ( *lairi mami of the Code Authority, without v

speciically the resented Intistry ower (c)d wever, (Thai ) ()nhe to Shotbl( on rmai be vote with alternate involve the affiliated in any of which Code the that matter acts, may Aiithority. Ith absence any TDivisioni conidict be any minember conle selected of member .on his before or of from the principal. he the of the i Code interest each the (,ode Code Industry Division Authority of No Authority Authorita alternaimlembalreto wrr
75

ciated, or employed, such member of the Code Authority shall be

disqualified to act in such matter. The designated alternate shall act

in place of the disqualified member of the Code Authority.

SEc. 3. The Code Authority shall have the duties and powers

herein provided subject to the right of the Administrator, on review to disapprove any action taken by the Code Authority.

(a) The Code Authority shall cooperate with the Administrator

in making investigations as to the functioning and observance of

any provisions of this Code, and report its findings and

recommendations to the Administrator.

(b) The Code Authority may study the trade-practice provisions

incorporated in this Code, and the operation thereof, and may

make such recommendations as are approved by the Divisions affected, to the Administrator from time to time, which it considers

desirable for the modifications or additions thereto. Upon approval

by the Administrator, after such hearing as he may prescribe, such

recommendations shall become a part of this Code and shall have

full force and effect as provisions hereof.

(c) The Code Authority may, at the request of a Divisional Authority, present recommendations to the Administrator, based on

conditions in the Industry as they may develop from time to time.

Such recommendations shall be designed to facilitate the operation

of the provisions of this Code and the policy of the Act.

(d) The Code Authority may require reports from members of

the Industry with respect to hours of labor, wages, conditions of

employment, number of employees, plant capacity, production, orders, shipments, inventories, and any other matters pertinent to

this Code in order that the .President may be kept informed with

respect to the observance and performance of the Code.

(e) The Code Authority may, at its discretion, set up any or all

of the following committees, or any other committees, if their existence will further effectuate the policies of the Act, viz:

Accounting

Complaints and Grievances

Fair Practices

Industrial Relations

Statistical

Similar committees may likewise be created within the Divisions

of the Industry by any Divisional Code Authority at its discretion.

(f) In addition to the Divisions herein established in Article I, Section 2, the Code Authority may from time to time establish new

Divisions of the Industry. Each Division shall have a Divisional

Authority, selected by the members of said Division, as provided

herein below in Article III.

(g) The Code Authority shall coordinate the administration of

this Code throughout the several Divisions of the Industry.

SEc. 4. The Association is hereby designated as the agency for

the collection of statistics, data, reports, and information under

the Code, provided that no inequitable restrictions upon membership therein shall at any time be imposed.

(a) Every member of the Industry shall prepare and file with the

Association, at such times and in such manner and form as the Code

26076-244-156--33-2
76

Authority may require, statistics of plant capacity, producti

orders received, inventories, wage rates, hours of work, 

other data or information as the Adniinistrator may from 

time require. Such reports and/or records may be eith

or unsworn as reqjilired.

(b) In addition to information required to be submitte

Code Ai(thority, every miiemnber of the Indust ry shall furnish 

to Governimefltal aIencies such statistical information as 

Ininistrator may deeimi necesary for the Iprposes recited in 

(a) of the National Industrial Recovery Act.

(c) Except as otherwise provided in the Act all such 

data, and information filed in accordance with this Article 

b

confidential, and the reports and( records from any memb

Industry shall OnV be revealed to the Admiinistrator or othe

mental authority to the extent necessary for the administr

enforcement of the provisions of this Code.

(d) If the Association shall have reason to believe that an

r

submitted by a member of the Industry are inaccurate, suc

may be verified bv a disinterested and impartial agency d

by the Code Authlrity, and for such purpose, such agency s

access to any and all relevant books and records of such m

(e) Any refusal or persistent or deliberate neglect by a

ber of the Industry to file or furnish information requir

this Article shall constitute an unfair trade practice and a 

of this Code.

SEc. 5. Each member of the Code shall be entitled to p

in the activities of the Code Authority and of the proper D

Authority or Authorities and of the Association in connec

the administration of the Code. Each member of the C

bear an equitable share of the cost of maintenance of 

Authority and of the proper Divisional Authorities and the

ties, either by becoming a member of the Association or b

p

to the Association a sun equal to his reasonable share of the 

incurred in the administration of this Code as determine

Code Authority subject to review by the Adininistrator.

ARTICLE III

A. DIVISIONAL CODE AUTHORITY

SECT10X 1. Eaich Division of the Industry shall establish 

sional Code Anthority (or Divisional, Authority) to admin

Code within such DIv~isin, subject to the right of the Adnin

OnI review, to disapprove aiiy action taken by any D

Aithority. the Divisional prevail in 2. (a)b) Article as Administrator representatives Each Aiiy within II-A, Authority person Division that Section on Or Division, of any persons shall and 2-a. the Divisional the determiiiie subject Administrator appointed basis to Authority. of the the under representation size sameay Article and provision likewise charact

II-Awhr
77

(c) No two members or alternates of any Divisional Au

shall be affiliated with any single member of the Industry.

(d) Should any matter come before the Divisional Au

which specifically involves acts, conduct, or the interest of 

m

ber of the Industry with which any member of the Div

Authority is associated or employed, such member of the D

sional Authority shall be disqualified to act in such matter

T

designated alternate shall act in place of the disqualified m

of the Divisional Authority.

SEC. 2. The Divisional Authority shall have the following 

and powers. Any member of a Division may appeal to th

Authority from any determination of the Divisional Au

The Code Authority, on its own motion, may review any d

of any Divisional Authority which directly or indirectly 

more than one Division.

(a) The Divisional Authority shall cooperate with the 

Authority in making investigations as to the functioning a

servance of any provisions of this Code, at its own instance 

complaint of any person affected, and report its finding

recommendations to the Code Authority.

(b) The Divisional Authority shall study the trade-practip

visions incorporated in this Code applicable to its own D

and the operation thereof, and after approval by the D

shall make such recommendations to the Code Authority, fro

t

to time, which it considers desirable for modification or a

thereto. Such recommendations shall be submitted to the A

istrator through the Code Authority accompanied by its own r

mendations. Upon approval by the Administrator after suc

h

ing as he may prescribe such recommendations shall become p

of this Code and have full force and effect as provisions he

(c) The Divisional Authority shall receive, and so far 

p

sible, adjust all complaints in regard to the operation of thi

which involve the members of that Division.

(d) The Divisional Authority shall coordinate the activ

any Divisional Committees designated to facilitate the op

of this Code.

SEC. 3. The Association shall act in the same capacity and p

the same functions for all Divisional Authorities as specified 

t

Code Authority in Article II-A, Section 4.

ARTICLE IV

A. INDUSTRIAL RELATIONS POLICIES

SECTION 1. In cDmpliance with Section 7 (a) of the A

collectively be labor, self-organization provided: collective (a) free or That from their bargaining through employees the agents, interference, or representatives in or in shall other other the designation have concerted mutual restraint, the of right aid their activities ofr or such coercion to organize own protection. representativchoosing, for of themploand puranbi
78

(b) That no employee and no one seeking employment 

required as a condition of employment to join any company 

to refrain from joining, organizing, or assisting a labor orga

of his Own choosinT1g, and

(c) That, eiployers shall comply with the maximum 

labor, minim111111 rates Of pay, and other conditions of emp

approvedd or prescribed by the President.

Sirw. 2. 'No person under 16 years of age shall be employe

Tnduitrv. No per! on under 18 years of age shall be emp

any milling or cilendering operations or any other operatio

there nmy be recognized hazards connected with the job or o

SEC. 3. No provision in this Code shall supersede any 

Federal law which imposes more stringent requirements on e

as to age of employees, wages, hours of work or as to safety

sanitary, or general working conditions, or insurance or fir

p

tion, than are imposed by this Code.

ARTICLE V

A. HOURS

SECTION 1. Except as hereinbelow provided, no employee sh

or be permitted to work in excess of 40 hours in any one 

more than 8 hours in any 24-hour period. Provided that 

ployee may be permitted to work a total of 80 hours per year 

of the maximum hours specified above but not more than 48 

any one week. For all hours worked in excess of 40 hours p

overtime shall be paid at the rate of time and one third. 

intent that the hours worked by employees under this Sect

be consecutive, except that reasonable provision may be m

eating periods.

SEc. 2. Maintenance crews, engineers, firemen, electrician

ping crews, watchmen, and elevator operators shall not wo

b

permitted to work more than 45 hours in any one week. P

however, that this limitation of hours shall not apply in 

emerge ncy, but in such cases all hours worked in excess of 45 

any one week shall be paid for at the rate of time and one th

SEC. 3. Accounting, clerical, office, service or sales employ

ceptingy outside salesmen) shall not work or be permitted to 

excess of an average of 40 hours a week over the period of 

nor more than 48 hours in any one week.

SEC. 4. The maximum hours fixed in Sections 1, 2, and 3 

apply to salaried employees in any managerial, executive, 

supervisory, or technical capacity receiving more than $3p

week, nor to any outside salesmen.

eachmployer such provided, without unberSEC. employer week 5. of the No for hwever, and hours knowledge, employee a shall day, total ij not that whether excess number shall be or if deemed conni\-vance any work of employed of the employee hours or to number be have of permitted in by any violated works excess on of one hours or for to ofof this more work such more prescrhis Sectiememfon
79

SEC. 6. No employee shall be classified in any of the for

excepted classes unless he performs functions identical with t

performed by employees thus classified on June 16, 1933.

B. WAGES

SEcMON 1. Except as herein below provided no employee s

b

paid in any pay period less than at the rate of thirty-fiv

($0.35) per hour. Apprentices, during a six weeks' apprenti

may be paid not less than twenty-eight cents ($0.28) per hour

apprentices shall be understood as persons having no previ

perience or employment on similar work in the Industry an

not constitute more than five (5) percent of the employees 

by this Section in the employ of any member of the Industry

P

vided, however, that if any member of the Industry finds s

r

striction to five percent too stringent, such member may ap

t

the Administrator, who may grant an exception.

SEC. 2. No salaried employee (except outside salesmen, offi

and boys, and clerical apprentices) shall be paid less than at t

r

of-

$15.00 per week-Cities over 500,000 population or in t

i

mediate trade area of such a city

$14.50 per week-Cities between 250,000 and 500,000 p

tion or in the immediate trade 

such city.

$14.00 per week-Cities between 2,500 and under 250,0

p

ulation or in the immediate trade 

such a city. $12.00 per week-Towns of less than 2,500 population.

(a) Clerical apprentices during a six months' apprenticesh

office girls and boys may be paid not less than 80% of the 

minimums. Such excepted office employees shall not exceed 

percent of the total number of employees covered by Sectio

i

the employ of any member of the Industry. Provided, howevt

if any member of the Industry finds such restriction of five p

too stringent, such member may appeal to the Administrato

may grant an exception.

SEC. 3. The provisions in Article V-B shall not apply to a

ployee of ten years' service partially incapacitated through 

to any employee partially incapacitated through injury, or 

provided, however, that such employee shall receive not le

t

twenty-five cents ($0.25) per hour. Each member of the In

shall report to the Association monthly the number and na

employees so classified.

SEC. 4. Female employees performing the same work as m

ployees payiecework, apply ployees after SEC. SEC. as the whether male employees. 5. 6in above Article Equitable adjustments approval manufacturing or other the an V-B employee minimum shall of basis. establishes this operations shall Code, is actually in minimum by be all made any pay compensated members receive rates schedules of within of the thirty of pay on same the a factowhictim(30Inrr
80

who have not heretofore made such adjustments and 

moiithly reports of wages required to be filed under this Co

contain all wage increases made since May 1, 1933.

C. POSTING OF LABOR PROVISIONS

SicTiox 1. Every member of the Industry shall post in 

nous places in all departments of his establishment or establ

copies of A rticles IV and V of Chapter I of this Code.

ARTICLE VI

A. COMPLAINTS AND APPEAL

SECTION 1. Any interested party shall have the right of c

to any' Divisional Authority, and prompt hearing and 

thereon in respect to any matter arising under this Code. S

plaint must be filed in writing with the Divisional Authorit

a reasonable period of time after the complaint arises. 

terested party shall have the right of appeal to the Code A

from any such decision, under such procedure as it shall p

SEc. 2. Any interested party shall have the right of com

the Code Authority and prompt hearing and decision thereo

such procedure as it shall prescribe, in respect to any rule

r

tion, order or finding made by the Code Authority.

SEC. 3. Any interested party shall have the right of appe

Administrator under such procedure as he shall prescribe i

r

to any decision, rule, regulation, order, finding, or omissio

by the Code Authority or any Divisional Authority.

ARTICLE VII

A. COSTS AND PRICES

SECTION 1. Each member of the Industry shall substantial

and adhere to the methods of cost determination and the 

counting formulae adopted by each Division, and advocate

Association Accounting Manual and revisions thereof ado

the Association from time to time, subject to the approva

Admiistrator.

SEC. 2. No member of the Industry shall initiate the sal

exchange of any product of its manufacture at a price or up

teris or conditions as will result in the customer paying 

goods received less than the seller's own individual cost, de

as inl Section 1. subject to any (Jualifications in the several D

Codes. Where the term "representative member'" is used 

Divisional be tiesa colI1Se to fairctiirg I a deemed markted costs may:ippraisal v of legit approN-e. are tiorinal Methods. to code i mate ot: exclitide n11tijly value. such in adNvantages i>ines: connection low Provided. terins or any to (-ue mieiiiber other but and due to this with that conditions the acquisition exceptional circumstances to of shall location, seconds any the not Industry such as be and material the qualifications, construed of Divisional obsolete whose plant at costs, actus gooo
81

ARTICLE VIII

A. MONOPOLIES

SECTION 1. No provision of this Code shall be so applied a

mit monopolies or monopolistic practices, or to eliminate, opp

discriminate against small enterprises.

ARTICLE IX

A. EXPORTS

SECTION 1. Subject to such qualifications as may be cont

the several Divisional Codes, the provisions of this Code now 

after adopted with regard to prices, discounts, deductions

ances, extras, commissions, or methods and/or terms of sale s

apply to direct export sales. Upon application to the Code 

ity, any member of this Industry may secure exemption fro

provisions of this Code in regard to sales in the course o

(i.e., sales destined ultimately for export) or sales of materi

in the manufacture of products for export. The term "

shall include, in addition to shipments to foreign countrie

ments to territories and pcssessions of the United States

Alaska.

ARTICLE X

A. IMPORTS

SECTION 1. Any Division of the Industry may set up a Co

on Imports whose duty it shall be to investigate and inf

President as to the importation of competitive articles 

United States in substantial quantities or increasing ratio 

mestic production, on such terms or under such condition

render ineffective, or to seriously endanger the maintenance 

Code as provided in Section 3 (e) of the Act. The Commit

make such reports of its findings to the Divisional Authorit

shall inform the President through the proper channels.

ARTICLE XI

A. TRADE PRACTICES

The following trade practices shall apply to all member

Industry in addition to such trade practices as may be specifi

forth in the several Divisional Codes. representation which values, way, grade, (whether SECTION misrepresent refers inaccurately credit qualy, printed, 1. terms, No which quantity, member radio, any policies is commodity inaccurate to display origin, of competitors or the srvices. size, or Industry (including in of specifications) any or any No their other material shall member its commodities

nature) use, use particor shalltradadvhi
82

terms, values, policies, services or the nature or form of the b

('011 (n1 ted.

SEc. 2. No member of the Industry shall use advertising or 

methods or cITdit teris which tend to deceive or mislead 

tomner or prospective customer.

SiFc. 3. No member of the Industry shall publish or cir

unj nistified or unwarranted threats of legal proceedings whi

to or have the effect of harassing competitors or intimidatin

clist omers.

St. 4. No member of the Industry shall secretly offer or 

nmkt any payment or allowance of a rebate. refund, com

credit, iiunearned discolint, or excess allowance, whether in th

of money or' otherwise, for the purpose of influencing a sa

shall a member secretly extend to any customer any special 

or privilege not extended to all such member's customers 

samw class.

Snc. 5. No member of the Industry shall give, permit to b

or offer to give anything of value for the purpose of influen

rewarding the action of any employee or agent of another, 

r

tion to the business of the employer of such employee, or the p

pal of such agent without the knowledge of such empl

principal.

S:e. 6. No member of the Industry shall, directly or ind

give or permit to be given or offer to give, money or anything 

to aiv cnistomner or prospective eistonier, or to anyone els

the instigation amnd for the benefit of any customer or pro

cllst mIer, to indtice stich ctltomer or1 prospective customer 

p

chase aV pr'odticts of the Industry from such members.

Src. f. No member of the Industry shall secure confiden

formation concerning the business of a competitor by a false 

leading statement or1 representation, by a false impersonation 

in ant horit v. by briberv, or by any other tinfair method.

SEC. 8. No member 'of the" Industry shall attempt to ind

breach of aln existing contract between a competitor and his e

o1 custoner or source of supply; nor shall any such membe

fere with ,r obstruct the performance of such contractual 

()I se] Vices.

Sic. 9. No member of the Inlustry shall brand or mark 

p

a lV coMmodify in any mann11er which tends to deceive or 

puchseswithi re. pect to Ole brnnal. -Orrde, equality. quantity,

siz, r specification of such 4.( o mdity.

Stc. 10. No member of the Twluist r.\ sh1ll withhold from o

into ally invoice aily statement whliich would mike the invoice 

reCordL wholly or it p:rt. of the tramvaction to which it re

m1:1khe an y a rra 11 cn ewit which contemplates pam vini ot or settlement conitnlr' of made SIw. S , ErIN (,()!I) s-iubiject 11. to eit No 1. the inrThis to m1eber 11ie face the n A. I!w'. Code of u:vis> ri of iht tle :mif f he inV(icc. 11J Ns Ak1TICI: the lndiistr AND the Pesident, provisions; [ODIFICATION8 XIIshlr l in iitatehereof accordance the arc trad

ew
83

provisions of subsection (b) of Section 10 of the Act, from t

time to cancel or modify any order, approval, license, rule, or r

tion issued under said Act and specifically, but without limi

to the right of the President to cancel or modify his approval 

Code or any conditions imposed by him upon his approval ther

SEC. 2. Such of the provisions of this Code as are not requir

the Act to be included herein may, with the approval of the 

dent, be modified or eliminated as changed circumstances or 

riences may indicate. It is intended that this Code shall be a 

code for the Industry and that additions to this Code applica

all members of the Industry, or affecting or pertaining to 

more Divisions of the Industry, may be submitted to the Pre

for approval, as herein provided.

SEC. 3. By presenting this Code members of the Industry 

have assented hereto shall not be deemed to have consented 

modification thereof, except as each shall thereto subsequently 

SEC. 4. If any member of the Industry is likewise engaged i

in any other industry or trade, this Code shall apply only to s

the activities of said member as are comprehended within the R

Manufacturing Industry.

ARTICLE XIII

A. EFFECTIVE DATE AND TERMINATION

SECTION 1. This Code shall become effective on the second M

after it shall have been approved by the President of the U

States. It shall continue in effect until June 16, 1935, or unti

time prior thereto when the President shall, by proclamation, 

Congress shall by joint resolution, declare that the emergency 

nized by Section 1 of the Act has ended.

260'76-244-1-6-33-3
CHAPTER II

AUTOMOBILE FABRICS, PROOFING, AND BAC

DIVISION

ARTICi I

A. DEFINITION

SECTION 1. The Automobile Fabrics, Proofing, and Back

sion shall consist of all members of the Industry engag

manufacture for sale of the products of the Division as f

fined herein, except as may be specifically covered by ano

approved Code of Fair Competition.

(a) The term "Automobile Fabrics " as used herein in

rubberized fabrics which are generally used for automobile 

erings and/or side curtains and/or accessories.

(b) The terms " Proofing " and " Backing " as used here

all materials which have been coated, backed, impregnate

combined with rubber in any form, or gutta perclia, such 

being in sheets or continuous rolls. The term shall likewi

materials which have been coated, backed, or combined w

or glue by members of the Industry engaged principally in 

and bacling materials with rubber and gutta-percha. This 

includes, but without limitation, leatherette, flocked sued

jersey, and other garment fabrics, hospital sheeting, sh

curtain materials, quarter lining and other shoe fabrics, cor

weather stripping, sanitary specialties fabrics, cover cloths

luggage, and upholstery fabrics.

ARTICLE II

A. ADMINIPTRATION

SEc--TmoX 1. An Automobile Fabrics, Proofing(, and Back

sioial ('ode Authority consisting- of five persons (herein r

as the Divi VisIonal Authority) is hereby set up for the administration

of this Code in accordance with Cha;ter I, Article III-A.

SEc. 2. The Divisional Authorit v shall consist of two r

tives ing resenltati.ves Code Si from miemibers i( vision the sh Automobile iii l and be numitber elc(cted one from and Fabrics by volume the votAe (81)Subdivision, Back of ina ing the majority Suilbdivision. re-pect two of ive from t

the SubD
85

ARTICLE III

A. COSTS

SECTION 1. Notwithstanding the provisions of Chapter I, A

VII-A, Section 2, the following shall be the provisions as 

Cost Recovery formula for this Division:

(a) At the request of the Divisional Authority each mem

the Division shall compute his own individual cost pursuant 

system of cost accounting provided in Article VII-A, of Cha

and report such cost to the Association. The Divisional Aut

shall then ascertain the cost of the most efficient member 

Division, i.e., that representative member of the Division 

cost is lowest. The Divisional Authority shall thereupon p

such cost to the members of the Division. Thereafter no m

of the Division shall sell any product of the Division at a 

lower than such cost. Such cost determination shall be revised 

time to time at reasonable intervals. If the operation of this 

graph should work unjust hardship upon any member of the 

sion, such member may appeal to the Divisional Authority 

shall have power to grant such relief as justice may require.

SEC. 2. Within ten days after the date of approval of this 

each member of the Division engaged in the manufacture of 

mobile fabrics shall publish and file with the Association a sc

of its prices and terms of sale to the jobbing and replacement 

All such price schedules shall be open to inspection in the of

the Association. The Association shall furnish copies of such 

ules to any member of the Division who makes application the

SEC. 3. No member of the Division engaged in the manufact

automobile fabrics shall sell such products at prices lower 

terms more favorable than the prices and terms in his price sch

and price lists filed pursuant to Section 2 of this Article, unl

has first filed revised schedules and lists to take effect in not les

five days from date of filing. The Association shall, promptly 

receipt of such revised schedules and lists, notify all membe

fected. Such affected members may thereupon file with the 

ciation, revisions of their price lists which, if filed nor to th

when the revised price lists first filed shall go into efect, may b

effective on said date.

ARTICLE IV

A. TRADE PRACTICES

SECTION 1. No member of the Division shall consign any me

dise, except patented products. be ery ucts chaser's standard SEC. Sgiven shall of 4.2. 3. the oror be No terms Secret Mony, goods, his Division extended practiced. member customers' of rebates, secret sale: shall of to the any premiums, advertising not Division pers. be discounts, given or shall purposes. No a to reduction or depart form a secret puchaser of from the bonuses in commercial price forfoll

shate of 
86

(a) Automobile Fabrics.-(1) 2% cash discount, 15h 

net 25th proximo, except that terms for goods billed and 

to customers in the States of California. Oregon, and Wa

from points east of the Mississippi River shall be 2%, 15th p

net 25th proximo. 30 days extra.

(2) No prepayment or allowance of freight shall be mad

on .hipiniiots of 100 pounds and over.

(3) There shall be no post-dating, except that shipmen

on or a after the 25th day of the month may be billed as of 

of the following month.

(4) No material sold shall be invoiced to any other 

ciistomner who placed the order.

(b) 1rooufti.-(1) 2%, 30 days, net 35th day. Intere

legal rate shall be charged after the 35th day. There sh

b

post-dating.

c Backing.-(1) 2%, 15th proximo, net 30th proximo.

2) No prepayment or allowance of freight shall be mad

on shipments of 100 pounds and over.

(3) Bona fide jobbers and/or distributors may be extend

of 7, 15th proximo, net 30th proximo.

(4) There shall be no post-dating, except that shipme

on or after the 25th day of the month may be billed as of 

of the following month.

SEc. 5. After January 1, 1934, no member of the Divis

coat or combine customer's auto-topping fabrics to be us

jobbing or replacement trades, whether domestic or expor

b

or take title to any material with the intent of evading thp

sion. Should this provision work an unjust hardship on any 

of the Division or on any customer, such member or custo

appeal to the Administrator who shall have power to gr

exemption or stay as justice may require.

SEc. 6. No member of the Division shall make blanket 

mrents for the sale of any prodcts of the Division.

SEC. 7. Every member of the Division shall conform to t

ard specifications and inspection rules adopted by the Divis

time to time for anto-topping fabrics, subject to the app

the Administrator. Should this provision work an unjust 

on any member of the Division. such member may appe

Divisional Authority which shall have power to grant su

r

as justice may require.

SEC. 8. iNo member of the Division shall extend any gu

warrant' vin onnection with any auto-topping fabrics ot

the Standard Giaranty of the Association, reading as follo

Guaranty on Double Textulre Rmibber Surface Coated Top 

of ing materials injured Used material A one The diue in year to by closing nIaterial is containing ingredients deterioration other strtched, from. the covered materials date cracks or of of by shipment from or coating. used this joints the in contract injurious conjunction from provided of use the of supplier's is frame top to guaranteed the with rubber. dressings coatingver mill it, whicsuch agaNe

for has 

p

b
87

the guaranty apply to leaks due to improperly attaching the material

or to seams.

" In the event of establishment of claim, we will replace the material without charge and allow approved labor cost of applying it

to the top.

" This guaranty does not apply to single-texture goods."

SEd. 9. All contracts or orders hereinafter made shall contain a

statement that prices on all orders shall include Federal or State

taxes payable by members of the Division and all other increased

costs incurred as a direct result of the operation of the Act. Contracts shall provide that prices shall be subject to increase without

notice, by such amount as may be necessary to compensate a member

for the increased cost incurred as a direct result of any State or

Federal legislation enacted after the date of acceptance of any

order and before shipment thereof is made.

SEC. 10. No member of the Division shall either post-date or predate invoices for his product for the purpose of achieving an unfair

competitive advantage.

SEC. 11. Violation of any of the provisions of this Code shall be

construed an unfair trade practice and shall be subject to the penalties of the Act.

ARTICLE V

A. ALTERATIONS OR AMENDMENTS

SECTION 1. Any addition, alteration, or amendment of this Code

which has had the approval of the majority of the Divisional Code

members in number and in volume shall be presented to the Code

Authority in accordance with Chapter I, Article III-A, Section 2.
CHAPTER III

RU BBER FLOORING DIVISION

AwruiCE I

A. DEFINITION

SECTIoN 1. The Rubber Flooring Division shall consi

niemibers of the Industrv engaged in the mianufactiure fo

wholesale sale by manufacturers, or any subsidiary or affilia

same. of rubber tile flooring, sheet rubber flooring, wainsc

terlockinr tile, and other flooriing accessories of which 

component part is rubber, exclusive of mats and matting.

ARTICLE II

A. ADMINISTRATION

SErCT0N 1. A Rubber Flooring Divisional Authority c

of three persons (herein referred to as the Divisional Auth

hereby set up for the administration of this Code in accorda

Chapter I, Article 111-A. Such Divisional Authority 

elected by vote of a majority of the Divisional Code me

number and in volume.

ARTICLE III

A. MARKETING STANDARDS

SECTI0N 1. To assist in providing uniform trade pract

preventing discrimination and unfair competition, the 

grotlp customer classifications. based upon differences in 

services rendered. are hereby established. All members of 

sion shall file with the A>-socration the names and addre-s

distributors. sales agents, and special-brand accounts as h

fined. If such definitions shall by virtue of their applicatio

Chapter work hardship on any member of the Division 

customer, such nimember or cust oimer may appeal to the D

Authority, which shall have power to reclasify such cus

j Sale the carrying actively out ist (a) (hP') Division icenstallation. to Iira/'r.-A aid reqiiires. engaged rjerrel an installation whether adequate in /P dealer theistandard / (der.-A stock for salehall the prvc of to or be itirred ihect-rubber the (8S) special an mate uiltimate dealer account consumer, brand. shll consumer, actively be an flooring account of any engagmatewith pr
89

(c) Distributor.-A distributor shall be an account carry

adequate stock of sheet-rubber flooring materials and activ

gaged in their sale to any or all classes of accounts, with or w

installation.

(d) Original equipment customer.-An original equipme

tomer shall be an account which buys rubber flooring materi

use in the manufacture by it of products sold by it, such as ele

railroad cars, steamships, busses, furniture and fixtures or for u

i

connection with the sale or installation of such products.

(e) Sale8 agent.-A sales agent shall be an account engrag

rectly or indirectly, in the sale, without installation, of rubbe

ing materials, to any or all classes of accounts.

(f) Special brand account.-A special brand account shalb

account actively engaged, directly or indirectly, in the sale, w

installation, of special brand rubber flooring materials to any 

classes of accounts.

(g) Ultimate consumer.

SEC. 2. Inasmuch as approximately 75 percent of sales of p

ucts of the Division to dealers is made direct by manufactui

is necessary to supplement marketing standards and trade pr

by provisions designed to prevent indirect evasion of such sta

and practices by members of the Division by sales to or t

distributors, sales agents, or special brand accounts. Accor

it is provided that no member of the Division shall sell any p

of the Division to or through any distributor, sales agent, or 

brand account who is not complying with the provisions of A

IV, V, and VI of this Chapter.

ARTICLE IV

A. SELLING SCHEDULES

SECTION 1. Every member of the Division shall file with th

A

ciation, within ten days after the approval of this Code, a c

schedule of his prices and terms of sale to dealers, preferre

ers, distributors, original equipment accounts, and ultima

sumers, as classified in Article III-A, Section 1, for immedi

tribution to all other members.

SEC. 2. No member of the Division shall sell any product a

p

lower or on terms more favorable than the prices and terms ih

price schedules and price lists filed pursuant to Section 1 t

Article, unless he has first filed revised schedules and lists t

effect in not less than fifteen (15) days from date of filing ah

supplied by registered mail sufficient copies of such revisep

schedules and lists to permit distribution thereof to all mem

a the uls ber revised when effect, branch, SEC. Division. of and the may 3. theprice lists Many subsidiary, revised become Division. the schedules Immediately members Association price effective or Anyaffiliate, and schedules of upon on member the Division, lists shall said sell receipt which, mail and date. products of the listsa of copy if either directly such Division first filed of thereof revised the filed prior Division may to shall price tor eacmthtfit
90

ultimate consuulewr 1 ma1 ii1( t :i ll the sme. To maintain stability, it is

ncvssa ry to pr~eu irt 1 )p(ration of such selling with installation

at a loss and the iul (I siht lobsrpt hosv by profit obtained in other

phllass o such w hi 1 hu ieses. A rdini 'gly, it is hereby pro- vided that this phose (f each mIem >' bisiiess shall be segregatd

for costing purn>oe" :i1. as 0his Mgregated, shall be conducted in

COMpliance with A rt icle VII of Chapt (r I of this Code.

ARTICLE V

A. TRADE PRACTICES

The following trade practices shall apply to the sale to any class

of customer as set forth in Article II-A of this Chapter.

SECTION 1. No member of the Division shall allow a shipment or

sale of any goods which are in any way of a better or poorer quality, weight, or gauge or appearance than is represented.

SEC. 2. No member of the Division shall sell or offer for sale any

product of the Division which has been or should be properly classified as "seconds ". except to employees for their own personal use

and not for resale purposes. No member shall sell or offer for sale

any obsolete and/or discontinued design and/or colors and/or

remnants, at special prices without first:

(a) Notifying the Divisional Authority two weeks in advance of

the quantity and other pertinent specifications of such products to be

so disposed of, with the reasons therefor.

(b) Stating discount below the regular established price at which

they are to be sold.

(c) Obtaining the approval of the Divisional Authority for such

disposal. If the Divisional Authority denies approval or fails to

notify such niember of its decision within ten (10) days. such member may appeal to the Administrator who shall have power to grant

approval. The Divisional Authority shall advise all members of the

Division simultaneiously of such authorizations.

SEC. 3. No member of the Division shall give or extend secret rebates, secret discounts, or secret bonuses to any person or customer.

SEC. 4. No nieiber of the Division shall withhold from or insert

into any invoice any statement w which would make the invoice a false

record, wholly or in part, of the transaction to which it refers, or

make any arrangenent which contemplates paymienlt or settlement

contrary to the face of the invoice.

SEC. 5. No member of the Division shall discriminate between customers by selling or shipping goods to any customer upon terms

more favorable than to any such member's other customers of the

same class. No member shall store goods in any establishment in

which a customer has any interest nor shall warehouse premises be

hired by any member from his customers, except where the customer

may have, or own, an interest in a public warehouse in which a customners place of business is not located.

SEc. (I. No iemiber of the Division shall guarantee or promise

aimy dealer, preferred dealer. distributorr, original equipment custoiner, sales agent, or special-brand account any specific volume of
91

sales or the assistance of any one or more salesmen of such member

for any definite period, as an inducement for obtaining the account

of such customer or customers.

SEC. 7. No member of the Division shall ship or in any way

deliver free goods of any kind, to any person as an inducement in

connection with any sale.

SEC. 8. No member of the Division shall engage in untruthful,

misleading advertising, or advertising disparaging of a competitor

or tending to disparage a competitor or his products.

SEC. 9. No member of the Division shall subnormally price any

other products manufactured or sold by him, but not included in

his rubber flooring price list, for the purpose of influencing the

sale of rubber flooring materials.

SEC. 10. If, as, and when any prospective purchaser demands a

performance bond of a member of the Division, each member shall

give only such bond as shall conform with the terms of the standard

guaranty of the Association, reading as follows:

" We guarantee our product against defects provided our recommended cleaning instructions are followed and we will repair or

replace any such defective product which is brought to our attention, in writing, within one year after date of completion of installation.

"We do not accept responsibility for any damages arising from

defects or dampness in subfloors or other surfaces which may occur

after completion of installation."

SEC. 11. Violation of any schedule filed with the Association as

provided for in this Code, or the violation of any of the provisions of

this Code shall be considered an unfair trade practice and shall be

subject to the penalties of the Act.

ARTICLE VI

A. CONTRACTS WITH DEALERS

SECTION 1. Each member of the Division may offer to any dealer a

contract in such form and subject to such terms and conditions as

may be prescribed by the President or the Administrator, under the

terms of which contract such dealer shall agree to conform to the

following practices:

(a) To promptly furnish, on formal request of the Divisional

Authority, a properly executed bid form, which shall be a true and

precise record of any final bid, proposal, or quotation.

(b) To segregate the quantities, sizes, and prices charged on each

and all items involving materials other than rubber flooring, so that

rubber flooring shall be shown separate from all other materials.

(c) To furnish no performance bond not in conformity with the

terms of the standard guaranty of the Association set forth in Article

V-A, Section 10 herein.

(d) To specify name or brand of rubber flooring in all bids, proposals, or quotations.

(e) To refrain from subnormally pricing any other products sold

by him, for the purpose of influencing the sale of rubber flooring.

260760-244-156-33-4
92

(f) To make all bids, proposals, or quotations in accorda

plans or specifications and on all open bidding to base all b

p

posals or (uotations on computations furnished by an e

bureau apl)roved by the Divisional Authority.

(g) T refrain ?rom the giving of secret rebates or the p

of commercial bribery in any form.

(h) To refrain from accepting an order from any custom

blanket order basis which calls for areas and/or quant

definitely specified or delivery date not specified.

(i) To refriin from accepting additional orders on a 

at the original price unless such orders are placed before the 

contract is completed and unless there has been no chang

dealer's scheduled installed price.

ARnICLE \II

A. ALTERATIONS AND AMENDMENTS

SECTION 1. Any addition, alteration or amendment of t

may be proposed by any member of the Division, and after r

the approval of a majority in volume and in number of t

sional Code members, it shall be presented to the Code A

in accordance with Chapter I, Article III-A, Section 2.
CHAPTER IV

RUBBER FOOTWEAR DIVISION

ARTICLE I

A. DEFINITION

SECTION 1. The Rubber Footwear Division shall consis

members of the Industry engaged in the manufacture for 

wholesale sale by manufacturers, or any subsidiary or af

the same, of all' types of so-called " Waterproof and Canvas 

Soled Footwear."

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Rubber Footwear Divisional Code Author

sisting of three persons (herein referred to as the Divisio

thority) is hereby set up for the administration of this 

accordance with Chapter I, Article III-A. Such represe

shall be elected by a majority vote of the Divisional Code m

SEC. 2. The Divisional Authority shall set up the follow

mittees to further effectuate this Code, whose duties and 

bilities are hereinafter prescribed:

(a) A Marketing Committee consisting of three membe

b) A Specification Committee consisting of three mem

(c) A Committee on Imports, consisting of three member

duty it shall be to investigate and inform the President a

importation of competitive articles into the United States 

stantial quantities or increasing ratio to domestic production 

terms or under such conditions as to render ineffective or to 

endanger the maintenance of this Code as provided in Secti

of the Act. The Committee shall make such reports of its 

to the Divisional Authority, which shall inform the P

through the proper channels.

(d) Such additional committees as the Divisional Author

time to time may deem desirable, in accordance with Ch

Article present SECTION II-A, for 1. adoption, Section The Specification 3-e. with A. ARTICLE COST reasonable (93) Committee RECOVERY III tolerances, shall from time by the 
94

definitions of standard products under the title " Standard Product

Specifications , which definitions when adopted shall be filed with

the Association.

Si:c. 2. At the request of the Divisional Authority, cach member

of the Diviion shall compute his own individual cost for all prodets defined iI Article Ill-A, Sect iOn 1 of this Chapter, pursuant

to the system of cost accounting provided in Article \ I I-A of

Chapter I and report such cost to all iim partial agency selected by

the Divisioial Authority. Such impartial agency shall then ascertain the cost of the most ehicieiit member of the Division, i.e., that

representative ieiber whose cost is lowest. The Divisional Anthority shall thereupoli publish the cost of the imiost elhicient Imember

to all members of tile Division. Theriafler no member of the )ivision shall sell any product of the Division at a price lower than

such cost, ot her than factory dana-ed or obsolete merchandise to be

disposed of inder Article IV-A, Section 1, of this Chapter.

Svc. 3. Any member of the lDivision may make footwear of hiigOher

quality than any defined in the specifications adopted in Section 1

and in that event shall sell such foot wear at a proport ionately higher

price than his filed list, which shall truly reflect the increased cost of

such foot wear. The prices, discounts and terms of sale of such footwear of higher quality shall be filed with the Association from time

to time promptly upon such issuance.

SEc. 4. No member of the Division shall make footwear of lower

quality than the lowest defined in the " Standard Product Specificatiolns "; provided, however, that if this section works an unjust

hardslip on any member of the Division, such member may appeal

to the Divisional Authority for an exemption.

ARTICLE IV

A. MARKETING STANDARDS

SECTION 1. The Marketing Commnittee shall recommend for adoption by the Division, methods of properly identifying and disposing

of factory damaged and obsolete goods, in order that the marketing

of such goods may be carried out in an orderly and fair manner.

SEC. 2. To assist in providing uni form trade practices and preventing discrimination and unfair competition, group customer classification definitions, based upon differences ini costs and services rendered, shall be adopted by the Division, subject to the approval of the

Administrator, for the following classifications under the title of

" Definitions of Buyers of Footwear ", and such definitions shall be

filed from time to time with the Association:
95

(a) Classification of Buyers of Footwear:

Jobbers

Mail-Order Houses

Chain Stores

Department Stores

Cooperative Buying Associations

Group Buyers

Industrials:

Contractors

Commissaries

Abattoirs, etc.

Government:

Federal

State

County

Municipal

Retailer

Agencies:

Syndicates

Resident buyers

Consumers

(b) If the definitions adopted should, by virtue of their a

tion, pursuant to-this Chapter, work a hardship on any mem

the Division or customer, such member or customer may apply t

Divisional Authority, which shall have power to reclassif

member or customer as justice may require.

ARTImCLE V

A. PiUBLICITY OF PRICES AND TERMS OF SALE

SECTION 1. Within ten days after the approval of this Code

member of the Division shall file with the Association a c

schedule of his resent unit prices, discounts, and terms of 

all products defined in Article III-A, Section 1, herein, and t

classifications of Buyers defined in Article IV-A, Section 2 h

Thereafter, annually each member shall file with the Asso

not less than ten days prior to the opening of the Waterproo

vance order " season on February first and the opening of the 

Goods " advance order " season on September first., a complete 

tile of his new unit prices, discounts, and terms of sale f

products, to such classifications of Buyers to become effec

such dates. No member shall sell any products of the Div

prices lower or on terms more favorable than the prices and t

in his price lists and schedules on file with the Association

A

member may file new schedules to meet competition within t

days which the such affected of schedules their date after revised new members schedules which, of first the filing. schedules lists filed Opening may and The shall may thereupon terms, Association of go iftakehe into filed notify aforesaid effect effect, priorfile shall, with notall tmay " the promptly members less the advance becomdate Association rthan when effective order afterfected. ten the day" rer
96

date. Thereafter, any changes in schedules must be suppo

adequate cost data to warrant such changes, which data 

submitted to the Divisional Authority. Whereupon, any 

may file with the Association further revised schedules not l

ten (lays in advance of the effective date, in accordance w

procedure herein established.

Stx. 2. No order shall be taken which guarantees prices b

the expiration of the "consumer" season for the class o

specified. Provided further, that, whenever a member of th

sion files new prices during the "consumer" season, all sh

made by such member after the effective date of such ch

price shall be at the new price , except that orders on hand, s

of which can be completed within 30 days after the effect

of such price change, may be filled at old prices provided t

30-day period does not extend beyond the e:xpiration of suc

sumer " season. *Whenever a member files new prices du

" advance order " season, all shipments after the effective 

such price changes, must be at new prices, except orders o

shipment of which can be completed within 30 days after the 

tion of said " advance order " season.

(a) For purposes of interpretation of this section the " 

order " and " consumer " seasons shall be as follows:

"Advance order ", Waterproof-February 1 to Septe

Canvas-September 1 to March 1.

" Consumer ", Waterproof-September 1 to February 

vas-March 1 to September 1.

ARTICLE VI

A. TRADE PRACTICES

SECTION. 1. No member of the Division shall ship any m

dise under any conditions, on consignment to any classific

account.

SEC. 2. No member of the Division shall sell or offer for 

Firsts as Seconds, or obsolete merchandise except in accordan

Article IV-A, Section 1.

SEC. 3. No member of the Division shall accept any ord

than a detailed order with specified shipping date, prices, ter

discounts.

SEC. 4. No member of the Division shall offer or give 

premiunis with his merchandise.

SEC. 5. Violation of any schedule filed with the Association 

p

vided in this Code, or the violation of any of the provisions 

Code, shall be considered an unfair trade practice, and su

the total SEC-rioxn penalties volne 1. of of In A. sales the view SALES Act. of of products TROUT the ARTICUL fact of JOBBERS that the Division VIImore OR than AGENTS to 75 retailers percen
97

of sales direct by members of the Division, the restriction 

members to marketing standards and trade practices will be u

ing unless supplemented by provisions designed to prevent i

evasion thereof through sales by jobbers or agents. Accord

i

is hereby provided that no member of the Division shall sell p

of the Division to or through any jobber or agent who is n

plying with the provisions of Articles IV, V, and VI (exc

tion 4) of this Chapter.

ARTICLE VIII

A. INDUSTRY CAPACITY

SECTION 1. The Divisional Authority may proceed with 

of the productive capacity of the Division and submit recom

tions to the Administrator concerning the desirability of lim

t

expansion of the productive capacity of the Industry.

ARTICLE IX

A. ALTERATIONS AND AMENDMENTS

SECTION 1. After due notice to all members of the Divist

Divisional Authority may, at the request of a majority of t

D

sional Code members and shall, at the request of 75 percent in

bers representing 50 percent in volume of the Divisional Co

m

bers, submit to the Administrator for approval any recom

additions, alterations, or amendments to this Code in ac

with Chapter I, Article III-A, Section 2.
CHAPTER V

HARD RUBBER DIVISION

ARTICLE I

A. DEFINITION

SECTION 1. The Hard Rubber Division shall consist of all m

of the Industry engaged in the manufacture for sale of any 

hard rubber products.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Hard Rubber Divisional Code Authority con

of five persons (herein referred to as the Divisional Author

hereby set up for the Administration of this Code in acco

with Chapter I, Article 1II-A. Such representatives shall be 

by concurrent vote of a majority of the Divisional Code mem

number and volume of hard rubber products.

ARTICLE III

A. COSTS

SECTION 1. In the application of Article VII of Chapter I 

Division, the cost accounting formula shall take due acco

costs and expenses for equipment, including special molds, j gs

etc., and installation costs of same and related costs of handlin

ARTICLE IV

A. MARKETING STANDARDS

SECTION 1. N o guaranty or warranty shall be made in con

with any product sold other than the standard guaranty 

Association, which is:

" This merchandise is warranted to be free from defects of 

manship the atnd chandlise return the purchase witli seller's by and returnedd" due the bliyer price material. option, allowance of wvi merchandise to th The the other mnade replacing seller's imerchandise for (9s) which the liability of service has such offailed hereunde'r the rendered merchandise quality through is by wa

lim

dethu
99

ARTICLE V

A. SELLING SCHEDULES

SECTIoN 1. Products of the Hard Rubber Division shall be 

into standard lines and special items.

A standard line shall be a line of products repeatedly m

more than one manufacturer for which general specificatio

be drawn, and which, on account of similarity of the artic

tained therein, may be priced on a substantially uniform basi

ing to size, weight, or per individual article. Standard li

be furnished in accordance with customers' special desi

brands, but if such articles require special molds or parts to 

to customers' special designs or brands, such customers 

b

charged for said special molds or parts of molds in accordan

Article III-A, Section 1. Special items shall comprise all 

not contained in any of the standard lines or directly comp

t

any of the standard lines.

SEC. 2. All members of the Division shall submit to the D

Authority a list of product classes manufactured by them 

they believe should be classed as standard lines in accordan

the definition given above. The Divisional Authority shall m

u

from the lists submitted a schedule of the products to be cla

standard lines. Copies of schedules and specifications shal

b

to each member of the Division. Within ten days after re

such schedules and specifications each member of the Divis

file with the Association his price lists covering the stand

lines, or part thereof that he manufactures. Such price li

follow the specifications, form, and arrangement establishebt

Divisional Authority and shall show all discounts allowed, t

with mold policy.

(a) No member shall sell any standard-line product at p

lower or at discounts greater or on terms more favorable th

t

stated in his current price list, unless he shall first file a r

rice list to take effect in not less than ten days from date 

Price lists on standard lines shall be available to all membe

facturing such lines and the Association shall send copies 

lists filed to the other members manufacturing that line.

(b) If a member objects to any standard-line classific

specification set up by the Divisional Authority, he may pt

said Authority in writing. Each protest shall receive due 

ation and the protesting member shall be accorded a he

he so desires. Should the Divisional Authority decide t

standard-line classification or specification shall remain un

and the protesting member still objects thereto, said mem

the have shallthe procedure shall SEC. special event the consider 3. right Upon that items and whether of the application be appeal as Divisional put olive] any under as by class provided any above. Authority the ofmember, product standard-line in Article approves the the shall Divisional VI classificatbe remov

of app

Ch

A
100

ARiCLE VI

A. ThADE PRACTICES

SYC-riox 1. Teris of shipment shall he f.o.b. point of manufacture,

except. at the discretion of the seller, transportation charges on shipments of 10U pounds and over may be allowed.

siC. 2. RegZlar terms of payment for special items shall be a maximu1 cash discount of 2( tell days, not 30 days. Where a member

is re-ularly supplying a customer, the 25 discount may be extended

up to the 25th proximo.

SEC. 3. Orders shall specify a definite quantity. No contracts shall

be made xuaranteeing prices fo- a longer period than six nionths

from date of order. Contracts which of necessity must be spread

over a longer period of time shall specify price of any undelivered

portion of this contract six months from the date of this contract

is sub ect to cliange with reference to the then-prevailing market

price.'

Src. 4. All quotations and order acknowledgements shall specify

that the prices do not include sales taxes and shall be subject to increase to cover any taxes or any other increased costs directly due

to present or future legislation, either Federal or State.

SEC. b. No member of the Division shall sell any products of the

Division on consignment.

SE~c. 6. No member of the Division shall enter into any contract

for furnishing any of his products contingent upon the sale or purchase of any other thing, or the performance of any other service.

SEC. 7. No member of the Division shall furnish without charge

samples of products in excess of what are actually required reasonably to serve the intended purpose.

SEc. 8. Violation of any schedule filed with the Association as

provided for in this Code, or the violation of any of the provisions

of this Code shall be considered an unfair trade practice.

ARTICLE VII

A. ALTERATIONS OR AMENDMENTS

SECTION 1. Any addition, alteration, or amendment of this Code,

which has had the approval of the majority of the Divisional Code

members in numbers and in volume of hard-rubber products, sill

be presented to the Code Authority in accordance with Chapter I, Article 1II-A, Section 2.
CHAPTER VI

HEEL AND SOLE DIVISION

ARTICLE I

A. DEFINITION

SEcTIoN 1. The Heel and Sole Division shall consist of all m

of the Industry engaged in the manufacture for sale of rubb

h

soles, soling sheets, strips taps, sport soles, sport heels, stick

and heels, and rubber heel and sole cement.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Heel and Sole Divisional Authority consi

five persons (herein referred to as the Divisional Authority) i

h

set up for the administration of this Code in accordance with 

I, Article IlI-A. Such representatives shall be elected by a 

majority of the Divisional Code members in number and 

and shall be composed of representatives of two small-size co

two large-size companies and one medium-size company.

ARTICLE III

A. MARKETING STANDARDS

SECTION 1. To assist in providing uniform trade practi

preventing discrimination and unfair competition, group c

classification definitions, based on differences in costs and 

rendered, shall be adopted by the Division. subject to the app

the Administrator, for the following classifieations, under t

of " Definitions of Buyers of IHeols and Soles and such de

shall be filed from time to time with the Divisional Authority

(a) Shoe manufacturers including wood -heel nianufactu re

b) Wholesale merchants including leather and findings 

utors and jobbers. wholesale hardware, harness, grocery, n

and general merchandise.

(c) Mail order and/or chain store retail merchants, e

those pursuant Division SEc. (d)e) engaged Shoe Manufacturers' 2. or to If repair customer, this such in the Chapter, shops, definitions business distributors such individual work member or of shall alteration (101)hardship or by and sales customer virtue multiple. and/or agents or of any repair may their member apply of appft
102

Divisional Authority, which shall have power to reclassify such

cmtomer a-; justice may require.

S3. ;. No niei ber of the Division may market his products

through a imaim facturer's dihAribtitor or sales agent who is not comnplying with tle terms of Articles .11 and IN of this Chapter.

Siw. 4. Within ten days after the date of approval of this Code, each immciblier of the Division shall publish and file with the Divisional Authority a schedule of its prices antd turmis of sale for each

of the classes of customers referred to in Section 1 of this Article

except inumfacturers' distributors and sales agents, on all standard

prodtlcts sold by it. All suich price schedlles shall be open to inspection at the office of the Divisional Authority. The Divisional

Authority shall fturnish copies of such schedules to any member of

the Division who makes application thterefor.

SEC. 5. No niember of the Division shall sell any standard product at prices lower or on terms more favorable than the prices and

terns in his price schedules and price lists filed, pursuant to Section

4 herein, unless he has first filed revised schedules and lists to

take effect in not less than five days from date of filing. The

Divisional Authority shall promptly after receipt of such revised

schedules and lists notify all members affected. Such affected members may thereupon file with the Divisional Authority revisions of

their price lists, which, if filed prior to the date when the revised

price list first filed shall go into effect, may become effective on said

date.

ARTICLE IV

A. TRADE PRACTICES

SECTION 1. All shipments of goods shall be made and invoices

rendered at prices and terms as shown on the member's schedule of

prices in effect at the time of sale, and such invoices shall show

accurately quantities, grades, types, sizes, colors, gauges, and other

features exactly in accordance with the shipment made.

SEC. 2. No member of the Division shall offer or give any special

terms,. prices, consignments, allowances, secret rebates, either directly

or indirectly, or any concessions of any kind or description not shown

on the member's published schedule of prices.

SEC. 3. No member of the Division, for itself or through its salesmen or other employees, shall engage in lavish entertainment of

customers or their employees, or permit bribes of any kind or description, or engage in gambling or bets of any nature with the intention

of losing, or make loans to customers or their employees. or subnormally price any other prodltct manufactured and. or sold by the

number, or engage in any other act or practice connonly known as

Scoininercial bribery ", for the purpose of selling mnerciandise or

to lower its cost to the purchaser.

SEc. 4. Teris of shipment shall be f.o.b. point of shipment, except

at the, discretion of the seller, transportation charges on shipments

of 100 poitnds and over may be allowed. Iii the event that the means

of translportation emiployed results in a cost in excess of the published frcighit rates from point of origin to destination, then the
103

transportation allowance shall not exceed the published freigh

r

applicable to the tonnage involved in the shipment.

SEC. 5. Violation of any schedule filed with the Divisional A

ity as provided in this Code, or the violation of any of the p

sions of this Code shall be considered an unfair trade practic

subject to the penalties of the Act.

ARTICLE V

A. ALTERATIONS OR AMENDMENTS

SECTION 1. Any addition, alteration, or amendment of this 

which has the approval by concurrent vote, of a majority in n

and in volume of the Divisional Code members shall be presen

t

the Code Authority in accordance with Chapter I, Article 

Section 2.
CHAPTER VII

MECHANICAL RUBBER GOODS DIVISION

AwrIcLE I

A. DEFINITION

SEcTION 1. The Meclianical Miubber Goods Division shall consist

of all nenbers of the Industry engaged in the manufacture for

sale of all types of belting other than leather and balata, hose of

all types, rubber cord and thread; jar rings, rubber friction tape, rubber splicing compound, rubber mats and matting, rubber tubing;

all types of mechanical rubber molded and lathe-cut and extruded

goods, rubber packing of all types; rubber-covered rollers and rubber

rolls. aiid such t her articles as are generally considered as Mechanical Rubber Goods.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Mechanical Goods Divisional Code Authority consisting of three persons (herein referred to as the Divisional Authority) is hereby set up for the administration of this Code in

accordance with Chapter I, Article III-A. Such representatives

shall be elected by a majority in number and volume of the Divisional Code members.

ARTICLE III

A. MARKETING STANDARDS

SECTIoN 1. To assist in providing uniform trade practices and preventing discrimination and unfair coipetition, group customer classifications, definitions, based upon differences in costs and services

rendered, may be adopted by the Division, subject to the approval

of the Administrator, for the following classifications under the title

of " Definitions of Buvers of Mechanical Rubber Goods " and such

definitions shall be fill from time to time with the Association.

(101)
105

Classification of Buyers of Mechanical Rubber Goods:

Jobbers and Mill Supply Houses

Distributors

Dealers

Mail Order-Chain Stores

Department Stores

Syndicate Buyers

Equipment Manufacturers

Industrials

Government:

Federal

State

County

Municipal

Consumers

If such definitions shall by virtue of their application, p

to this Chapter, work hardship on any member of the Divi

customer, such member or customer may apply to the Div

Authority, which shall have power to reclassify such custo

justice may require.

SEC. 2. Each member of the Division shall establish a price 

ule for standard goods, as recognized by the Division, prope

plicable to each classification and price lists for goods mt

recognized standard specifications. Having established sucp

schedules and price lists, which may be revised from time t

t

they shall be filed with the Association on or before the date 

fied by the Divisional Authority.

SEC. 3. If any member of the Division wishes to make a 

merchandise classed as overstock or obsolete material, or below 

for any cause at less than the minimum price as determined b

t

Cost Recovery Formulae in Chapter I, Article VII, such m

shall apply to the Divisional Authority for its sanction to so 

of such products. Such request shall be in the form of a 

application stating the reason therefor, together with such 

will support such request, and such member shall furnish suc

tional information, at its own expense, as the Divisional Au

may require. The Divisional Authority, following such pr

as it shall establish, shall consider such application, and if on i

tigation it shall find that any such proposed sale at less th

t

minimum price so determined may constitute unfair competi

may disapprove the same. If the Divisional Authority dn

notify such member of its decision within ten (10) days after r

of application, such member may appeal to the Administrato

ARTICLE IV in any fications and SECrIoN. accordance standard terms at in 1. prices No goods his price with member lower or or Chapter goods A. schedules SELLING of on I, made the trms Article Dvision SCHEDULES and under more price VII.recognized favorable shall lists No initiate member filed standard than pursu

a the prshnpt
106

Article III of tl)is Chapter, unless he has first filed revised schedules

and lists to take elect in not less than 10 days from date of filing.

The Association shall promptly after receipt of such revised schedules and lists notify all numbers affected. Such affected members

may thereilpOn file with the Association, if they so desire, revisions

of their price lits which, if filed prior to the date when the revised

price, lists first tiled siall go into effect, may become effective on said

date.

Se. 2. On goods made to customers' specifications the minimum

selling price of any member of the Division shall be the cost of the

most eflicient member of the Division, i.e., that representative member of the Division whose cost is lowest. Each member of the

Division .hall compute his own individual costs on such goods, according to the methods of cost determination and the cost accounting formulae adopted by the Association and this Division pursuant

to Section 1 of Article VII of Chapter I of this Code and report

the same to the Association. The Association shall ascertain the

costs of the most (ficient member of the Division and publish such

figures to the Division. Such lowest cost finding shall be revised

from time to time at reasonable intervals. Nothing herein contained

shall be construed to permit any member of the Division to initiate

a price which will result in the customer paying less than the member's own individual cost, as provided in Section 2 of Article VII

of Chapter I.

ARTICLE V

A. TRADE PRACTICES

SECTION 1. Uniform terms of sale shall be established by the

Divisional Authority, subject to the approval of the Administrator,

which may include freight paid or allowed to customer. In no

case shall the freight allowed by any member to any customer be

more than the published freight rate by the route used from the

member's factory to the destination.

SEc. 2. No member of the Division shall offer or give any discounts other than those specified in such member's price schedules

or price lists, on file with the Association. After January 1, 1934, no

member of the Division shall offer or give any rebates or bonuses, to

any classification of buyers.

SEC. 3. No giaranty or warranty shall be made in connection with

any product sold, other than the standard guaranty of the Association, which is: " This merchandise is warranted to be free from ldefects of workmaushij) and material. The seller's liability hereunder

is limited to the purchase price of merchandise which has failed

through defect or, at the seller's option, to the replacing of such merchandise upon its return by the bluver with other merchandise of the

quality warranted and with due allowance made for the service rendered Ibv the m11erclhianidise returned."

SEc. 4. No guaranty against decline of price on contracts or orders

shall be miade to anyone-excepting, however, such items of seasonal

character as inay be specified by the Divisional Authority, subject

to the ,ipprova of the AdiinlStrator. Any such guaranty shall

apply only to the unshipped portion of any contract or order.
107

SEC. 5. No member of the Division shall enter into any c

for furnishing any of his products contingent upon the sale 

p

chase of any other thing, the performance of any other ser

any other contingency not appearing in the contract or com

with this Code.

SEC. 6. No member of the Division shall furnish without 

samples of products in excess of what are actually required r

ably to serve the intended purpose.

SEC. 7. No member of the Division shall permit or extend ex

missionary sales help to any one distributor of its produc

period in excess of 90 days in any one year.

SEC. 8. No member of the Division shall either post-date 

p

date any invoice for his product for the purpose of achiev

unfair competitive advantage.

SEC. 9. Violation of any schedule filed with the Association 

p

vided in this Code2 or the violation of any of the provisions 

t

Code shall be considered an unfair trade practice and subjec

t

penalties of the Act.

ARTICLE Wi

A. GENERAL

SECTION 1. The Divisional Authority shall make such studiet

productive capacity of the Division as may be desirable fro

t

to time and make recommendations as to its findings to t

A

ministrator.

ARTICLE VII

A. ALTERATIONS OR AMENDMENTS

SECTION 1. Any addition, alteration, or amendment of th

which has had the approval of the majority of the Division

members in number and in volume, shall be presented to th

Authority in accordance with Chapter I, Article III-A, Secti
CHAPTER VIII

SPONGE RUBBER DIVISION

ARTICLE I

A. DEFINITION

SECTION 1. The Sponge Rubber Division shall consist of all members of the Industry engaged in the manufacture for sale of any type

of sponge rubber products.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Sponge Rubber Divisional Code Authority consisting of three persons (herein referred to as the Divisional Authority)

is hereby set up for the administration of this Code in accordance

with Chapter I, Article III-A. Such representatives shall be elected

by a majority in number and volume of the Divisional Code

members.

ARTICLE III

A. TRADE PRACTICES

SECTION 1. No member of the Division shall depart from the

following standard terms of sale:

(a) The maximuin cash discount of 2%, 10 days-net 30 days

exeel)t that where a member of the Division is regularly supplying

a customer the 2% discount may be extended up to the 25th proximo.

(b) Freight may be paid or allowed to customer, but in no case

shall the freight allowed by any member of the Division exceed the

published freight rate via the route used from the member's factory

to destination.

All locationss and order acknowledgments shall specify that the

prices do not include sales taxes and shall be subject to increase to

cover any taxes or any other increased costs directly due to the

enactment of present or future legislation, either Federal or State.

51cc. 2. No member shall either postdate or predate invoices for

his product for the purpose of achieving an unfair competitive

st. .No icimber of the Division shall dispose of any " seconds 

or obsolete imerchaidise without first reporting to the Divisional

Authority the approxiinate quantity, class of goods, the reason for

disposing of them in other than regular channels, or at other than

regular prices.

(108)
109

SEc. 4. No member of the Division shall let out the manu

of any products to nomneworkers.

SEc. 5. No guaranty or warranty hall be made in connecti

any product sold other than the standard guaranty of the A

tion, which is: " This merchandise is warranted to be free f

feet of workmanship and materials. The seller's liability he

is limited to the purchase price of inerchanidise which ha

through defect or, at the seller's option, to the replacing 

merchandise upon its return by the buyer with other mercha

the quality warranted and with due allowance made for the 

rendered by the merchandise returned."

SEC. 6. No member of the Division shall ship any merc

under any conditions on consignment to any classification of 

SEc. 7. No member of the Division shall furnish without 

samples of products in excess of what are actually required r

ably to serve the intended purpose.

SEC. 8. No member of the Division shall enter into any 

for furnishing any of his products contingent upon the sale p

chase of any other thing, the performance of any other ser

any other contingency not appearing in the contract or co

with this Code.

SEC. 9. No member of the Division shall furnish an adv

allowance of any kind.

SEC. 10. The violation of any provisions of this Code shall b

sidered an unfair trade practice and shall be subject to the p

of the Act.

ARTICLE IV

A. ALTERATIONS AND AMENDMENTS

SECTION 1. Any addition, alteration, or amendmnenit of th

which has had the approval of the majority of the Division

members in numbers and volume shall be presented to th

Authority in accordance with Chapter I, Article IIl-A, Sect
CHAPTER IX

RUBBER SUNDRIES DIVISION

ARTICLE I

A. DEFINITION

SECTION 1. The Rubber Sundries Division shall consist of all

members of the Industry engaged in the manufacture for sale of

rubber sundries, including druggists', hospital, and medical rubber

goods except hospital sheeting, stationers' rubber goods, rubber

bathing apparel, rubber gloves, and other miscellaneous articles

made of rubber, except as may be specifically covered by another

duly approved Code of Fair Competition.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Rubber Sundries Divisional Code Authority (herein

referred to as the Divisional Authority) is hereby set up for the

administration of this Code in accordance with Chapter I, Article

III-A.

SEC. 2. The Divisional Code Authority shall consist of the chairmen of the several Subdivisions herein established, and the chairman of the Divisional Authority, all to be elected as hereinafter

described.

(a) The chairman of the Divisional Code Authority, and his

alternate, shall be elected by a majority vote (each Divisional Code

member having one vote) at a regular meeting of the Rubber Sundries Division. The chairman, or his alternate, shall represent the

Sundries Division on the Rubber Code Authority, subject to the

qualifications contained in Chapter I, Article III.

(b) A chairman shall be elected for each of the following Subdivisions, consisting of members engaged in producing the class of

merchandise, indicated by the title.

Stationers' Rubber Goods; Rubber Gloves; Druggists', Hospital,

and Medical Rubber Goods; Rubber Bathing Apparel.

(c) Each Subdivision shall elect a chairman by a majority vote

(each Divisional Code member shall have a single vote in each

Subdivision of which it is a member) who shall represent the Subdivision as a member of the Divisional Authority.

(d) One alternate shall be elected by each Subdivision to represent the chairman of that Subdivision in his absence. No alternate

shall, however, be affiliated with any member of the Diivision already

represented on the Divisional Authority.

(110)
111

(e) Any additional Subdivisions may be established at t

cretion of the Divisional Authority. Sich additional groups

and if established, shall elect a chairman and an alternate 

p

scribed under paragraphs (c) and (d) of this Section, wh

represent such additional groups on the Divisional Authority

(f) The Divisional Authority shall set up a Committee 

ports consisting of three members whose duty it shall be to i

tigate and inform the President as to the importation of co

tive articles into the United States in substantial quanti

increasing ratio to domestic production, on such terms or und

conditions as to render ineffective, or to seriously endang

t

maintenance of this Code as provided in Section 3 (e) of th

A

The Committee shall make such reports of its findings to th

D

sional Authority which shall inform the President throu

t

proper channels.

ARTICLE III

A. COSTS AND PRICES

SECTION 1. Within ten days after the date of approval of thi

each member of the Stationers' Rubber Goods Subdivision 

t

Division shall publish and file with the Association complete 

ules of its prices, discounts, and terms of sale. All such sc

shall be open to inspection at the office of the Association. Th

A

ciation shall furnish copies of such schedules to all members 

t

aforesaid Subdivision.

SEC. 2. No member of the Stationers' Rubber Goods Subd

shall sell any product thereof at prices or discounts lower or on t

more favorable than the prices, discounts, and terms in hi

p

schedules and price lists filed with the Association in acco

with Section 1 of this Article, unless he has first filed revised 

ules and lists to take effect in not less than ten (10) days fro

of filing. Promptly after receipt of such revised schedule

lists the Association shall notify all members of the aforesai

division who may thereupon file with the Association revisi

their prices, discounts, and terms, which, if filed prior to th

when the revised price schedules and price lists first filed sh

into effect, may become effective on said date.

ARTICLE IV

A. TRADE PRACTICES

SECTION 1. No member of the Division shall depart from t

lowing Denver, accounts of may thority. the (a) Maximum the Division be standard Mississippi River. sold Colorado, to If which the on who longer Divisional terms cashapplies shipments where terms of discount terms for sale: Authority Provided, shall when longer may2%, be sanctioned terms, be made 10thdoes however, 2%, from not proximo, of 10th, its by notify shipping that decision the second except Divisionthe seasonal proximempoinwithwtiAt
112

10) days from the date of application, such member may appeal to

th0 A dmini-tra-tor.

(b) Where figit ybe paid or allowed to customner in no case

shall such payment or a lowaice exceed the charge for tie tonnage

involved at t 11 bed frei-ht rate by the route used from the

I10111111or -s [:wet1P1rV J dt' tinailoii.

Sic. 2. 1ates, dicouits, or boni-uses shall not be given or extended

to aly customer iunle:s they are available to all cUSAImLers of the same

class on eplual t eriiis.

S>r. 3. No merchandise shall be shipped on consignment, guaranteed sale, or terms other than those established under Section 1 of

this Article.

Sic. 4. No member of the Division shall let out any manufacturing

to hoIme workers.

SEc. 5. No member of the Division shall furnish salesmen or

demonstrators for sales work other than for his own sales to his own

cu stomn'ers.

SEc. 6. No member of the Division shall either post-date or predate invoices for his product for the purpose of achieving an unfair

competitive advantage.

SEc. 7. No member shall furnish an advertising allowance of any

kind.

SEC. 8. No member of the Industry shall usurp a design, style, or

pattern originated by another member of the Industry and/or

appropriate them for his own or customer's use during the twelve

months following its introduction.

SEC. 9. The violation of any of the provisions of this Code shall

be considered an unfair trade practice and shall be subject to the

penalties of the Act.

ARTICLES

A. ALTERATIONS OR AMENIDMENTS

SECTION 1. Any addition alteration, or amendment of this Code

which has had the approval of the majority of the Divisional Code

members in numbers shall be presented to the Code Authority in

accordance with Chapter I, Article III-A, Section 2.
CHAPTER X

RAINWEAR DIVISION

ARTICLE I

A. DEFINITIONS

SECTION 1. The Rainwear Division shall consist of all m

of the Industry engaged in the manufacture for sale of g

made from rubberized or waterproof fabrics, commonly call

r

wear, excluding oiled cotton garments. The manufacture 

t

rubberized or waterproofed fabrics themselves is specific

cluded under Chapter II of this Code.

SEC. 2. The term "manufacturing employee " as used he

cludes all employees engaged in the cutting, machine op

cementing, buttonhole-making and button-sewing operations 

factory in the Division.

SEC. 3. The term "nonmanufacturing employee " as used h

includes all employees engaged in brushing or cleaning awt

threads from finished garments and folding them or in an

miscellaneous nonmanufacturing process in any factory 

t

Division.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Rainwear Divisional Code Authority consi

seven persons (herein referred to as the Divisional Autho

hereby set up for the administration of this Code in accordan

Chapter I, Article III-A.

SEC. 2. The Divisional Authority shall consist of two rep

tives selected from the Midwestern members of the Divisi

t

from New England, two from New York, together with on

r

sentative from the Vulcanized Rainwear Subdivision. Suc

bers shall be elected by a majority of the members of the D

in each of the three geographical areas specified, together w

member so elected by the Vulcanized Rainwear Subdivision.

SEC. 3. Five members of the Divisional Authority shall co

a decision for Code, Notwithstanding quorum the the Rainwear on following and any a matter Division. majority the shall may provisions be ARTICLE of be the determined. a (113) quorum provisions of IIIArticle must as V, to be Chapterours had befand I, 
114

A. hOURS

Sir-iox 1. Except as herein below provided, no employee shall

work or be jpermiiitted to work in excess of 40 hours in any one week,

lior more than S hun rs i anv 2 -hour period. Seh work shall take

place in live days (if the week, exclusive of Saturday and Sunday, SUbject to tihe r1it Of the I)ivisional Authority, onder special circumstances, to permit 'Iiv or all members of the Division an exception from this particullar retriction. Overtime shall be expressly

prohibited.

SiKC. 2. Mainteimalce crews, eni neers, firemen, electricians, shippinfr crews, watclimen, and elevator operators shall not work or be

permitted to work more than 45 hours in any one week. Provided.

however, that this limitation of hours shall not apply in cases of

emnergehecy, but in such cases all hours worked in excess of 45 hours

in any one week, shall be paid for at the rate of time and one third.

SEc. 3. Accounting, clerical, office, service, or sales employees (exceptinlg outside salesmen) shall not work or be permitted to work in

excess of an average of 40 hours a week over the period of a month,

nor more than 48 hours in any one week.

SEC. 4. The maximum hours fixed in Sections 1, 2, and 3 shall

not apply to salaried employees in any managerial, executive,

clerical, supervisory, or technical capacity, receiving more than $35.00

per week, nor to any outside salesmen.

SEC. 5. No employee shall work or be permitted to work for a

total number of hours in excess of the number of hours prescribed

for each week and day, whether employed by one or more employers;

provided, however, that if any employee works for more than one

employer for a total number of hours in excess of such maximum

without the knowledge or connivance of any one of his employers,

such employer shall not be deemed to have violated this section.

SEC. 6. No employee shall be classified in any of the foregoing

excepted classes unless he performs functions identical with those

performed by employees thus classified on June 16, 1933.

SEc. 7. Immediately after the effective date of this Code, the

Divisional Authority shall begin an investigation to determine

whether or not the 40 hour week provision of this Article will result

in increased employment within the purpose and policy of the Act.

The Divisional Authority, not later than 90 days after the effective

date of this Code, shall report its findings to the Administrator so

that the Administrator may determine whether or not the provisions of this Article as to maximum hours should be changed.

B. WAGES

SvEcroN. 1. Except as herein below provided no employee (other

than apprentices) shall be paid in any pay period, less than at the

rate of

For employees, $0.5 per Iour.

For manufacturing employees, ',.4, per ho!r.

Svc. 2. No apprelltice or learner shall be paid in any pay period

less than at the rate of twenty-eight cents ($0.28) per hour. Provided, however, that such apprentices or learners, where piece-work
115

is used, shall be paid at the piece-work rates paid to exp

workers, but in no case less than the above minimum. Such 

tices shall be understood as persons who have worked or b

ployed in the Rainwear Industry for less than six weeks

apprentices shall not constitute more than five (5) percen

manufacturing and nonmanufacturing employees in any on

lishment.

SEC. 3. No salaried employee except outside salesmen, off

and boys, and clerical apprentices) shall be paid less than at 

r

of-

$15.00 per week-Cities over 500,000 population or in 

mediate trade area of such a city.

$14.50 per week-Cities between 250,000 and 500,000 p

tion or in the immediate trade area of such a city.

$14.00 per week-Cities between 2,500 and under 250,00

p

lation or in the immediate trade area of such a ci

$12.00 per week-Towns of less than $2,500 populatio

(a) Clerical apprentices during a six months' apprentices

office girls and boys may be paid not less than 80% of th

minimums. Such excepted office employees shall not exceed 

percent of the total number of employees covered by this 

in the employ of any member of the Division.

SEC. 4. Female employees performing the same work as m

ployees in manufacturing operations shall receive the sam

r

of pay as male employees.

SEC. 5. This Article establishes minimum rates of pay whi

apply whether an employee is actually compensated on a ti

r

piecework, or other basis.

SEC. 6. The existing amounts by which hourly earnings 

higher paid classes exceeded the minimum rates herein spec

of July 1, 1933, shall be maintained.

SEC. 7. Equitable adjustments in all pay schedules of 

employees above the minimum shall be made within thirty (

after the approval of this Code, by any members of the 

who have not heretofore made such adjustments, and the first 

reports of wages required to be filed under this Code shall 

all wage increases made since May 1, 1933.

C. POSTING IABOR PROVISIONS

SECTION 1. Every member of the Division shall prominen

p

in the work rooms of his establishment or establishments c

Articles I, III, and IV of this Chapter together with c

Article IV of Chapter I.

ment however, ship Divisional may SECTION on require. or any establishments that 1. Authority member No if A. the member LIMITATION application of or the inthe of Division, excess ARTIcIJ, Administrator for the AS of Division TO of this PLANT such member IV40 Section hours shallOPERATION operate per suchhould may week; rlief work his appepeaj
116

B. 'SE OF ('ONTRi.ACToRS

SErrIoN 1. All members of the Division who let out or cause their

garments to be Imade by , contractors shall file the names and addresses

of all such conitractors as :re actIillv required, with the Divisional

Authority within thirty days after approval of this Code. Such

lists siall bV rev ised frnm time to time. Membw )rs shiaill confine their

work to Siclh emoit raetors as may be so listed. Menu)ers sliall not let

(out or cause t ileir garmiei its to be lia de byc tractorss less suich

c 11 fntr ( agree to coliform to tlie p)r(o is)11i, of this Code as to

I u dils a ml i W es ill tIle coul se of tile ;>elrfowlillauce of sil Contracts.

1lull ies sh l111, pay smeik colit raters 1 ot less thanii an dliiint siuflicient

to eiiable such coitrictors 11h115 to coliform to the provisions of this

C ode ;Is to llollrs allI wfres, tolgetlier witi au allowance for the

oVel'lhad. Contractor m 

C. PiERi"( 7I ANCE ()' OF FACTORY OPERATIONS BY IM EM lERS

SErwiON 1. Aly\ employer of the Division wlho directly or in-

(di rect y works in his own factory in tlie capacity of a manufacturing elmlployee shall comply with the pvi}m sions of Article IIl-A of

this Chapter.

D. hOMEW ORK

SECTION 1. No member of the Division shall permit or allow the

processing or manufacturing of any of his products except within

his own plant or plants and/or the plants of registered contractors,

as provided in Article IV-B. In particular, but without limitation, it is hereby provided that no part of such processing or manufacturing shah be done in the homes of any employees.

E. UNSAFE PREMISES

SECTION 1. No member of the Division shall cause or permit any

work to be done in tenement houses, basements, or any unsanitary

building or in buildings unsafe on account of fire risks.

F. USE OF LABELS

SECTIoN 1. The I)ivisionial Authority may, within 60 days after the

approval of this Codi, make recommendations to the Administrator

1'-regardinig the use of any N.R.A. insignia solely by those members

of tihe In(ustry who have assented to and are com plying with this

Code.

ARTICLE V

A. COSTS ANI) SELLING PRICES

Sr11)N 1. Ech member of the Division shall compute his own

indidial costs for standard lines on the basis of the cost-accounting

sy-tem provided in Article \I1 of ( 'hiapter I and report the Sin t

0 tie .\ sI(iatio. Froi these reports, Ohi Divisional Authority

shall ascertaiin the Ct 1st of the imiost eflicieint mkeillber of the Division-
i.e., that representative member of the Division whose cost is 

and publish such findings to the members of the Division

findings shall be revised from time to time at reasonable in

Thereafter no member of the Division shall sell any standard 

product below such cost. No member shall initiate a selling p

any special line which shall be below his own individual 

production as provided in Article VII of Chapter I.

ARTICLE VI

A. TRADE PRACTICES

SECTION 1. No member of the Division shall offer a cash 

which exceeds 8% 10 days, E.O.M. No other discounts wh

nor any rebates shall be given to any buyers, buying offices, 

customers. Goods shipped after the 25th of the month may b

as of the first of the following month. These terms shall no

to Vulcanized Clothin

SEC. 2. No member shall depart from the following standar

t

of sale for Vulcanized Clothing:

(a) Terms to Jobbers: 3% 10 days; 2% 70 days; net 71 dn

post-dating.

(b) Terms to Retailers: Not more than 8% 10 days, E.On

thereafter.

(c) If payments are not made on or before the net due da

shall be a charge for interest at the legal rate.

(d) No prepayment or allowance of freight shall be made

on shipments of 100 pounds or more.

(e) No parcel-post or express charges shall be allowed i

of freight allowance applicable to such shipment if ship

b

freight.

SEC. 3. No member of the Division shall ship merchan

memorandum or on consignment.

SEC. 4. The following shall be the standard sizes in the R

Division:

Infants, 2 to 6. Misses, 14 to 20.

Girls, 6 to 16. Ladies, 34 to 44.

Boys, 6 to 16. Men's, 34 to 46.

Boys (vulcanized), 4 to 18.

Where Boys sizes 18 to 20 (excluding 18 on vulcanized cl

Ladies' sizes 46 to 52, Men's sizes 48 to 52 are ordered, the 

price shall truly reflect the increased cost.

SEC. 5. No merchandise purchased and shipped in good fa

in accordance with the buyer's specifications shall be perm

t

be receipt member discounts price, oder, SEC. returned terms, contract 7. by 6. on No No for the any for and member advertising order purchaser. of credit otherdate sal, shall by of the terms of shipment. or any or be the except for Division purchaser accepted invoice payment those No pertaining shall without after saleexpressly for make fivshall space stipulating to (5) any bestuch in days made allowforth newsalitbit
UNIVERSITY O

118 3 1262 085

marzik 's, gbitides. or dinrectories on behalf of any retailer to 

il prom ting the sale Of imerchandise by such retailer to th

sm. Th pyiJ ot (lS, umatrIceS, and window card

however, i(it ]wi iib t d iii such prohibition.

, 8. The pilratif ii fi styles and designts shall be prohibited.

Six. ). Ainv vilnat loll (f any of the provisions of this Cod

be an unfair trade practice and subject to the penalties of th

AirTICLE VII

A. Al'ERATONs AND AMENJ)M ENTS

SvcTloN 1. Any1 addition, alteration, or amendment of thi

which has had the approval of a majority of the Divisiona

members in number and in volume shall be presented to th

Authority in accordance with Chapter 1, Article II1-A, Sec

Approved Code No. 15G.

Re-istry No. 8.19-04.

0

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