Approved Code No. 333 Registry No. 202-13

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

CANVAS GOODS INDUSTRY

AS APPROVED ON MARCH 16, 1934

MEMBSS R

U.S

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents
This publication is for sale by the Superintendent of Documents, Government

Printing Office, Washington, D.C., and by district offices of the Bureau of

Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse.

Buffalo, N.Y.: Chamber of Commerce Building.

Charleston, S.C.: Chamber of Commerce Building.

Chicago, Ill.: Suite 1706, 201 North Wells Street.

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex.: Chamber of Commerce Building.

Detroit, Mich.: 801 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building.

New Orleans. La.: Room 225-A, Customhouse.

New York, N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: 422 Commercial Trust Building.

Pittsburgh. Pa.: Chamber of Commerce Building.

Portlanl, Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 333

CODE OF FAIR COMPETITION

FOR THE

CANVAS GOODS INDUSTRY

As Approved on March 16, 1934

ORDER

APPROVING CODE OF FAIR COMPETING FOR THE CANVAS GooDS

INDUSTRY

An application having been duly made pursuant to and in full

compliance with the provisions of Title I of the National Industrial

Recovery Act, approved June 16, 1933, for approval of a Code of

Fair Competition for the Canvas Goods Industry, and hearings

having been duly held thereon and the annexed report on said Code,

containing findings with respect thereto, having been made and

directed to the President:

NOW, THEREFORE, on behalf of the President of the United

States, I, Hugh S. Johnson, Administrator for Industrial Recovery,

pursuant to authority vested in me by Executive Orders of the

President, including Executive Order No. 65 43-A, dated December

30, 1933, and otherwise; do hereby incorporate by reference said

annexed report and do fnd that said Code complies in all respects

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code of

Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VII, Section B-4-7, insofar as they

prescribe a waiting period between the filing with the Code Authority and the effective date of revised price lists or revised terms and

conditions of sale be and they are hereby stayed pending my further

order either within a period of 60 days from the effective date of this

Code or after the completion of a study of open price associations

now being conducted by the National Recovery Administration; further provided that after a period of ninety days from the effective

date, Articles III and IV shall be reviewed upon such notice and

hearing as I may prescribe to determine whether revisions of said

Articles should be made.

FURTHER PROVIDED, that upon the approval of this Code

there shall be established a connittee composed of two representa46822o-425 84-34 (41)
42

tives appointed by the Labor Advisory Board and two r

tives of the Code Autliority for the Canvas Goods Industry t

the labor con.liifnis in tiis industry, and report to the Adm

in regard thereto, I within sixty days after the effective da

t

Code.

HIUOR S. JOnNS

Ad(Iministrator for indutrial Re

Approval recommended:

A. D. WrnTESImE,

Iision A dministrator.

WASIUNGTON, D.C.,

March 16, 1934.
REPORT TO THE PRESIDENT

The PRESIDENT,

The Whlzite House.

INTRODUCTION

SIR: This is a report of the Hearing on the Code of Fa

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petition for the Canvas Goods Industry in the United Stat

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ducted in Washington, D.C., on Tuesday, November 28, 1933

In accordance with the customary procedure every pers

w

filed a request for appearance was freely heard in public, 

statutory and regulatory requirements were complied with. The Code which is attached was presented by the duly q

and authorized representatives of the industry, the Nation

T

and Awning Manufacturers Association and the American W

Canvas Goods Manufacturers Association, complying with th

tory requirements as representing 66 percent of the retail m

turers and 43 percent of the wholesale manufacturers in the i

try respectively, and 69 percent of the volume and 75 percen

volume of the two divisions of the industry respectively.

GENERAL CHARACTERISTICS OF THE INDUSTRY

It was brought out at the Hearing that there are two genera

t

of manufacturers in the Canvas Goods Industry 1. Those who manufacture canvas goods which are sold d

t

the consumer. This group not only includes the manufactu

canvas goods but also includes the installing, taking down, 

and repairing of awnings as well as the renting of tarpaulins

t

canopies and awnings and the dealing in made-to-measure aw

2. Those who manufacture canvas goods for resale purpose

The Bureau of Census, Reports on Manufacturers for 1929

the following with regard to the size of the various establis

in the industry.

Total:

Establishments------------------------------------------------ 

0

Wage earners (average for the year)---------------------------- 7

Establishments employing 1 to 5 wage earners:

Establishments-------------------------------------------------- 

Total number of wage earners---------------------------------- 

9

Establishments employing 6 to 20 wage earners:

Establishments ----------------------------------------- ---- 2

Total number of wage earners --------------------------------- 2

5

Establishments Establishments employing 21 to 50 wage earners Establishments Establishments Totalotal Establishm Total Establishments number ents

--- employing employing of --------------------------------------------------- --------------------------------------------------- of wage wageage -- 51 101 earners -- earners earners----------- to to - 100 250 ----------------------------------  ----------------------------------- wage (43) wage earners earners: -------------- 4746
44

This same report shows that out of the total of 1,002 e

ments. 309 are corporations and 693 individuals, partners

e

There are 4.287 wade earnerls employed by the corpora

2. 7t5 em played by indi idi uals. partnerships, etc.

It furthier >hows that in 1929 there were 476 establishm

t

have nmufactured products valued from $5,000 to $19

2

from "o.000 to $49.999: 134, valued from $50,000 to $9

7

from 81ii.0.00() to $249.999: 16. from $250.000 to $499,999

9 f

half a million to $999,999; and 1 establishment doing bus

one million a year.

The total value of the products for 1929 was $49,23

establishiments owned by corporations. $31,445,003 was p

and of establishments owned by individuals, partnersh

e

$17.792,573.

The standard work week for the Industry in the past h

aged in excess of 50 hours per week. It was further po

that the Industry is a highly seasonal one, varying in diff

g

graphical sections of the Country. In each instance, howe

m

ufacturers are called upon to fill hurried orders in a limit

p

of time.

For several months prior to the date of the Hearing t

groups in this industry had serious difficulty in getting t

on a common ground to formulate a single Code, each gro

f

that the necessities arising out of the particular type o

b

done by that group called for a broad difference in certain p

of their Code.

Unfortunately, a number of meetings were held at which n

net could be reached. After considerable work and effort

h

and through an unusual spirit of fairness and spirit of 

take, agre ement was finally reached, thereby formulatin

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equitable to all and conforming to the purposes of the Ac

R] SUILE

It having been brought out that certain manufacturers 

c

goods manufacture their own canvas material under the p

of the Cotton Textile Code, the minimum wages establish

f

t

Canvas Goods Industry are similar to those provided f

i

t

Code for the Cotton Textile Industry.

It is esti bated that the number of employees will be i

20", by the application of the hours of labor in this C

T

provi 51(is Covering hours of employment in this Industr

c

f

a foirty (40) hour week with a maximum of forty-eight 

h

a week for any tei consecutive weeks in each calendar y

doal or peak demands.

Ihe administrative provisions of this Code provide f

C

Aiitlioritv there and Wholesale trade ilrly, provisions Nholesale is practices for established the C(anvas to administer wholesale divisions applying established Goods a Retail of section solelythose Codthis which Canvas Authority. provisions Industry. of to this relate the Goods Industry retail to relating For theThere section Code the Industry there are toadminiAuthorof both is certathe esatrIw
45

There is established a system of open price listing based u

uniform system of cost accounting. It is stipulated, howev

t

full details concerning a uniform cost accounting system and m

of cost finding shall be made available to all members of the I

try selling at retail. All members of the Industry selling p

at retail shall determine costs on all products sold by them in 

ance with the principles of such methods.

The Deputy Administrator in his final report to me on saC

having found as herein set forth and on the basis of all tp

ceedings in this matter;

I find that:

(a) Said Code is well designed to promote the policies a

p

poses of Title I of the National Industrial Recovery Act, in

removal of obstructions to the free flow of interstate and f

commerce which tend to diminish the amount thereof and w

p

vide for the general welfare by promoting the organization 

i

dustry for the purpose of cooperative action among the trade 

by inducing and maintaining united action of labor and mana

under adequate governmental sanctions and supervision, be

nating unfair competitive practices, by promoting the fullp

sible utilization of the present productive capacity of indust

b

avoiding undue restriction of production (except as may bt

porarily required), by increasing the consumption of indust

agricultural products through increasing purchasing power

br

ducing and relieving unemployment, by improving stand

labor, and by otherwise rehabilitating industry.

(b) Said Industry normally employs not more than 5

employees; and is not classified by me as a major industry.

(c) The Code as approved complies in all respects with th

p

nent provisions of said Title of said Act, including without l

tion Subsection (a) of Section 3, Subsection (a) of Section 7

Subsection (b) of Section 10 thereof; and that the applica

ciations are industrial associations truly representative of th

said Industry; and that said associations impose no ine

restrictions on admission to membership therein.

(d) The Code is not designed to and will not permit monop

monopolistic practices.

(e) The Code is not designed to and will not eliminate or 

small enterprises and will not operate to discriminate againt

(f) Those engaged in other steps of the economic process h

n

been deprived of the right to be heard prior to approval 

Code.

For these reasons, the Code has been approved.

HUGH S. JOHNSON

Adminis

AMARCH 16, 1934.
CODE OF FAIR COMPETITION FOR THE CAN

GOODS INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National I

Recovery Act, the following provisions are established a

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of Fair Competition for the Canvas Goods Industry, and sh

bt

standard of fair competition for such Industry and shall b

b

upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term " Canvas Goods Industry " or " Industry,u

herein, includes the manufacturing and. when done by the m

turer, the selling and/or distributing at wholesale or retail c

articles such as made-to-measure and stock awnings, cano

t

paulins. paulins, cotton picker sacks, truck and wagon cov

t

sails, hatch covers, and other similar articles made of ca

as are custoinarily manufactured and sold by members of tI

try; it also includes the business of installing made-to-mea

ings, and made-to-measure canopies and the taking down

and repairing of all awnings and canopies, and the rentint

paulins, tents, canopies, and awnings; provided, howevert

installing of made-to-measure awnings and made-to-meas

c

pies, when done by others than manufacturers, shall be exe

f

all provisions of this Code except Articles III, IV, and V

2. The tern "employee ", as used herein, includes anyon

e

in the industry in any capacity receiving compensation foh

ices, irre>pective of the nature or method of payment of 

c

pens,-ation.

3. The term employerer, as used herein, includes a

b

whom any such employee is compensated or employed.

4. The teri "member of the industry " includes anyon

in the Iniiistry as above defined, either as an employer 

h

own behalf, but no one shall be deemed a member of the I

rs to those parts of his business or establishment not d

i

Sect ion 1 of this Article.

5. The terms " President," "Act," and "Administrator,

u

here in, mean respectively the President of the United St

T

I for (40) of 1. Industrial No the hours eiidoyee National ill ainy Recovery. one Industrial shall AirricLE week, be permitted except Recovery III-HouRs (46) to Act, work and in the excess Adm

f
47

(a) Executives, supervisors, and those in a managerial p

and who receive thirty dollars ($30.00) or more per week, a

side salesmen,

(b) Clerical and office employees (other than those spec

i

paragraph (a) preceding) receiving more than thirty-five 

($35.00) per week,

(c) Repair shop crews. cleaners, and shipping help, who 

b

permitted to work forty (40) hours a week with a toleranc

per cent,

(d) Engineers, firemeii, electricians, and watchmen, who 

b

perinitted to work forty-eight (48) hours per week.

2. To take care of seasonal or peak demand, all employem

work up to but not more than forty-eight (48) hours a w

f

any teii consecutive weeks in each calendar year.

3. The maximum hours fixed in the foregoing Sections sh

n

apply to any employee on emergency maintenance or em

repair work involving breakdowns or protection of life or pr

but in any such special case at least one and one-third timh

norml rate shall be paid for hours worked in excess of the ma

hours herein provided.

ARTICLE IV--WAGES

1. No employee shall be paid less than at the rate of thirt

c

per hour in the States of Maryland, West Virginia,, Virginia

t ucky, T ennessee, North Carolina, South Carolina, Georgia, A

Mississippi., Florida, Arkansas, Louisiana, Oklahoma, Texas 

i

the District of Columbia, and at the rate of thirty-two and o

h

Cents (321/) per hour elsewhere.

2. Learners during a three weeks' period are excepted fr

t

foregoingv provisions but shall be paid not less than 80 per c

the minimum wage and shall be limited in number in any one f

to ten per cent (10%) of the total number of employees i

t

factory. A learner is defined as an employee who has workl

than three (3) weeks in the Canvas Goods Industry.

3. This Art'cle establishes a minimum rate of pay regard

whether ali employee is compensated on a time-rate, piecew

otherr basis.

4. Female employees performing substantially the same w

male employees shall receive the same rate of pay as male eim

5. Employees whose earning capacity is limited because 

physical or mental handicap, or other infirmity, may be emplo

light work at a wage below the minimum established by Se

of this Article, if the employer obtains from the State au

designated by the 1.S. Department of Labor, a certificate auth

such be instructions to Authority wag shall 6. stateduch es Rates person's be 46822-425--84-- paid equitably persons. in a of to, of the listemployment paynd the certificate. of adj Each in U.S. the all usted excess 34-2 such maximum Department employer at in of persons such order Such thehours wages shall minimum to authority employed of preserve Labor file of and work monthly hereinbefore shall for equitable in by such for issuing him, be such wit guided hours differ

showcerpreemthbtCt
48

All such aJju-tnients made since June 16, 1933 shall be r

t

the C(ode Authority.

ARTICLE V-GENERAL LABOR PROVISIONS

1. No 'er-oii miler sixteeii (16) years of age shall be

in the Iiibdtso ra ld no person under eighteen (18) years o

be e.i~iploy eI at, o-ucipations hazardous in nature or detr

t

Tetlh. In aiY St::ie ain employer shall be deemed to hav

c

with tli:, provisions if he shall have on file a certificate 

p

duly i-hue by the authority in such State empowered to i

e

ploymwJjt or age certificates or permits, showing that th

is of the required age.

2. Employees >hall have the right to organize and barg

c

tielv through representatives of their own choosing, an

b

fre'fromlw theinterference, restraint, or coercion of ('mj1loyers of

labor, or their agents, in the designation of such represe

in self-organization or in other concerted activities for tp

of collective bargaining or other mutual aid or protection

}. No employee and no one seeking employment shall br

as <n *onn of employment to join any company unio

tr

frai) froml joinim. oranizing, or assisting a labor orga

his owil eloosinig.

4. Members of the Industry shall comply with the maxii

h

of labor, minimum rates of pay, and other conditions 

e

ment. as approved or prescribed by the President.

1. With thi exception of one individual per member of tI

try. all members of any individual proprietorship, partne

ciation. or corporation. although connected with such m

co-owner. partner, stockholder, officer or director, if enga

i

process of direct manufacture of the products of the Ind

be bound by the above schedules of hours of work and ra

o

p

regardless of such proprietory interests.

0. Within each State or the District of Columbia, this C

s

]ot >upeIrsede any laws of such State or District imp

m

stini ugent requim irements on employers regulating the age of e

w'fes, hours of work, or health, fire, or general working c

tliai those provided under this Code.

7. Employers shall not reclassify employees or duties o

t ion)I perforImIed by employees or engage in any other su

as to Iefeat the piirposes of the Act.

S. No employee shall' work or be permitted to work f

a t

1111111'r o4 os ill excess of the number of hours prescrib

w

eiiplyed ly one or more employers.

.Every ip loyer shall make reasonable provisions fo

t

and thei- mnItted w1hinand 1 ofice heatl eip1oy K six hv fill (E11 of tle mnonith1 d his ment. 1mplfoy(r copes employees Code after' Stmluards of at Asa the uthority Art theplace icles posteffective anid for to during II, in) the safety conspicUou1s III, ihe date holirs Administrator IV, of anl of and this health places V Code. of Th

fothihahpC
49

ARTICLE VI-ADMINITRATION

1. There is hereby created a Code Authority for the Canva

Industry to consist of three persons, each with one vote

tb

selected by the National Tent and Awning Manufacturers A

tion, Inc., three persons, each with one vote, to be selected b

t

American Wholesale Canvas Goods Manufacturers Associat

one or more persons, without vote, to represent the Admin

to be appointed by him, and to serve without expense to the I

2. The National Tent and Awning Manufacturers Ass

Inc., and the American Wholesale Canvas Goods Manuf

Association and any other trade association participating it

Code shall

(a) impose no inequitable restrictions on menibersIip, an

(b) submit to the Administrator true copies of their re

articles of Association, by-laws, regulations, and any amendm

i

and when made thereto, together with such other informatio

t

membership, organization, and activities as the Administra

m

deem necessary to effectuate the purposes of the Act.

3. In order that the representatives on the Code Authori

at all times be truly representative of the Industry and in o

r

spects comply with the provisions of the Act, the Administra

m

provide such hearings as he may deem proper; and thereaft

i

h

shall find that such representatives are not truly represent

do not in other respects comply with the provisions of the A

h

may require ai appropriate modification in the method of 

of such representatives.

4. For the purpose of administering this Code, there b

recognized two Sections of the Industry as follows:

(a) A retail section which shall include the installing of m

measure awnings and inade-to-measure canopies and the takin

d

storing, and repairing of all awnings and canopies and the r

of tarpaulins, tents, canopies, and awnings and all tran

where the products mentioned in Section 1 of Article II 

direct to the consumer by a member of the industry excep

forth in sub-section (b) next following.

(b) A wholesale section which shall include all transaction

w

the products mentioned in Section 1 of Article II are so

b

member of the industry for resale or to industrial consumer

than small industrial consumers), steani and electric railroa

federal state and large municipal governmeintal agencies.

The Code Authority, with the approval of the Administrat

determine and classify into the groups or clauses above m

the purchasers of the products of this Industry.

5. A Retail Canvas Goods Code Authority, to consist of t

persons Awning or agency the Section three Wholesale 6. p !rsons Administrator A persons to Wholesale of on Manuftacturers administer theo Canvas the be Industry on Code selected Canvas the Goods insofar the Authority Code as Assocition, by provision< Manufacturers hereinbefore Goods as the Authority such Administrator, selected Cod of provisions Inc., this defined. Authority, Code by selected Association, togethe in the pertain cooperation is National hereby r by to with the consistogethto withcrethe thATptRtw
50

the per-oit or persons to be selected by the Administrator

ih

created the agency to adminiister the provisions of this Coi

ase Iuch provisions pertain to the Wholesale Section of the I

as hereinbefore defined.

. Tile Code Authority may incorlporate as a corporationf

profit. Tie Retail Canvas Goods Code Authority and th

W

sale Canvas Goods Code Authority may also incorporate a

c

tions not for profit.

S. Nothing contained in this Code shall constitute the m

of any of the various Code Authorities partners for any p

nor shall any member of any of the various Code Auth

b

liable in any manner to any one for any act, of any othe

m

officer. agent. or employee of any of the various Code A

Nor shall any member of any of the various Code Author

e

cising reasonable diligence in the conduct of his duties h

be liable to any one for any act or omission to act under t

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except for his own willful misfeasance or non-feasance.

9. To the extent permitted by the Act, the Retail Can

Code Authority is hereby empowered:

(a) to collect such reports and statistical data from m

the iniustir regarding the Retail Section of the Industry i

judgment may be necessary adequately to plan for the Ind

a

adequately to administer and enforce the provisions of th

C

(b) To coordinate the administration of the Retail Sect

t

Industry with the administration of the Wholesale Secti

t

Industry.

(c) To hear and, if possible, to adjust. complaints in rt

violations of any provisions of the Code (except ArticleI

and V) in,- ofar as they pertain to the Retail Sectio

t

Industry.

(d) To divide the United States into retail regions and J

z

as may be necessary for the proper administration Of t

r

section Of this Code.

ie) To make such delegation of its powers as may 

ti

desi able. Nothing in such delegation shall relieve the C

A

thorit y of ally of its reSpolnsibilities under the Code.

10. To the extent permitted by the Act, the Wholesal

Goo is Code Authority is herebci umpowered:

(a) To collect such reports and stltist ical data from m

of the Industry regarding the Wholesale Section of the I

as in its judgment may be nwcesSary adequately to plan for t

I

try and adegluntelv to a(ninnister and enforcee tile provi si o

ot

(b) To coordliate the adimiistrati n of the Whobesal

of tile I w I uA ry with the aId I i ist rat io of tle Retail 

O

I zones -wholesale the viulat ar1l n (1) ust InidiutrV. V) ) ion-s ry. as To insofar mniAy section hear of divide aiiy beand, of l-s the provisions necessary theyis if Unitcd po-sible. Code. pertain for of States the tohe toadjust Code into the proper Wholesale wholesale (except comlaints administratioArticles regioSectiin tIott
51

(e) To make such delegation of its powers as may seem ti

desirable. Nothing is such delegation shall relieve the Cod

A

thority of any of its responsibilities under this Code.

11. To the extent permitted by the Act, the Code Authorit

p

vided for in Section 1 of this Article is hereby empowered:

(a) To consider and act upon all matters that affect bot

Retail and Wholesale Sections of the Industry jointly, inc

Articles III, IV, and V, of this Code, and

(b) To coordinate the administration of this Code wit

administration of Codes of allied industries.

(c) To make such delegation of its powers as may deem ti

desirable. Nothing in such delegation shall relieve the C

Authority of any of its responsibilities under this Code.

(d) To make recommendations to the Administrator whic

w

effectuate the operation of the provisions of the Code and the p

of the Act, all such recommendations to become operative as 

p

of the Code upon approval by the Administrator.

12. Each member of the Industry subject to the jurisdict

this Code and accepting the benefits thereof, insofar as his b

relates to the Retail Section, shall pay to the Retail Canvas 

Code Authority his proportionate share of the amounts neces

t

maintain its operations in assembling, analyzing, and pub

reports and data and in carrying on its activities relative t

administration of this Code. Said proportionate share sh

b

assessed upon an equitable basis as the Retail Code Authority

w

the approval of the Administrator, may prescribe.

13. Each member of the Industry subject to the jurisdict

this Code and accepting the benefits thereof, insofar as his b

relates to the Wholesale Section, shall pay to the Wholesale C

Goods Code Authority his proportionate share of the amounts n

sary to maintain its operations in assembling, analyzing, an

p

lishing reports and data and in carrying on its activities r

to the administration of this Code. Said proportionate shar

be assessed upon an equitable basis as the Wholesale Code Aut

with the approval of the Administrator may prescribe.

14. The Retail and Wholesale Canvas &oods Code Authorit

pay to the Code Authority provided for in Section 1 of this A

their proportionate share of the amounts necessary to pay th

c

of its maintenance and operation. Such proportionate share s

b

determined upon an equitable basis approved by the Adminis

15. Members of the Industry, subject to the approval of thA

ministrator, shall furnish to the various Code Authorities, o

r

quest, such information as they may require, and in additio

t

shall furnish to government agencies such statistical informa

the Administrator may deem necessary for the purposes rec

Section 3 (a) of the Act.

such of Authority Code contrary unless 16. the action Authority If merits the theo or Administrator be the Administrator agency of suspended public such or any pending action interest, agency to approves and afford shall final the thereof futher action, determine an Administrator or opportunity unless may consideration which. be hethat unfair shall shal may anfor not by fail investor requiraction be suchnjto etC
d2

prove after 30 (lays' notice to him of intention to proceed w

action in its original or modified form.

Ai TICLE VII-TuE, PRACTICES

A. The following Practices Constitute Unfair Method

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petition for members of the Industry and are prohibited

1. False Jlalrkcing or Branding.-The false marking or b

of any product of the Industry which has the tendency t

m

or deceive customers or prospective customers, whether t

grade, quality, quantity, substance, character, nature, o

nish or preparation, or otherwise is hereby prohibited.

2. M isrer ntat ion or False or Misleading Advert

making or causing or knowingly permitting to be made or p

any false, materially inaccurate or deceptive statement bw

advertisement or otherwise, whether concerning the grad

q

quantity, substance, character, nature, origin, size, finish, p

ration of any product of the Industry, or the credit term

v

policies, or services of any member of the Industry, or 

having the tendency or capacity to mislead or deceive cu

prospective customers is hereby prohibited.

3. Commercial Bribcry.-No member of the Industry 

permit to be given, or directly offer to give, anything of v

f

the purpose of influencing or rewarding the action of any e

agent, or representative of another in relation to the busin

t

employers of such employee, the principal of such agent tr

resented party, without the knowledge of such employer, p

or party. This provision shall not be construed to pro

f

and general distribution of articles commonly used for a

except so far as such articles are actually used for c

bribery as hereinabove defined.

4. Lifiif crence with Con tractual Jelations.-MaliciOuSI

i

or attempting to induce the breach of an existing oral 

w

contract between a competitor and his customer or source 

or interfering with or obstructing the performanCe of any sc

tracttual duties or services is hereby prohibited.

5. Sccrct flel)(tCs.--The secret payment or allowance 

r

refunds, comiiximisions, credits, or unearned disounts, whet

it

form of mni)ney or otherwise, or the secret extend sion to ce

p

chasers of special services or privileges not extended to al

p

Trs on like terms and conditions is hereby prohibited.

C. (/?ing of Iiria s, rembims or (/Iift.-The offering 

of prizes, premimmimis or gifts in connection with the sale of p

or as a i1 ilceiment thereto, by ally scheme whicli ini v I y

l

mlli -represeIntat o1 or fraud ii hereby prohibit ci.

. IL fia/ion.- -The defamation of competlitors by false

i

any que-4ti bv threats ]mi is 4 8. hereby the to other T/i/'iats able them faLse of prohibited. legal suits cred di diShonomrable of proceedings for it 'laralICenit, I/a/ion.--Thc stUl1ing, i infringement conduct, not of or the in 1 lby of good grade plishing inability patents theirr faith, or fIa yiaiity l or to -e with or perform tradeep circulthe rese of mtethicig
53

effect of harassing competitors or intimidating their custom

i

hereby prohibited.

9. Espionage of Competitors.-Securing confidential inform

concerning the business of a competitor by a false or misl

statement or representation, by a false impersonation of o

i

authority, by bribery, or by any other unfair method is h

prohibited.

10. Other Unfair Practices.-Nothing in this Code shall limt

effect of any adjudication by the Courts or holding by the F

Trade Commission on complaint, findings, and order that any p

tice or method is unfair, provided that such adjudication or h

is not inconsistent with any provision of the Act or of this Co

11. As a manufacturing process, the having of work d

labor performed on any awnings or tents or other canvas pr

in rooms used for living quarters is hereby prohibited. No w

shall be done or labor performed in any unsanitary buildi

under unsanitary conditions.

12. The sale or offer for sale of tarpaulins, paulins, truck c

wagon covers, and/or tents on any basis of weight other tht

weight of the untreated material per square yard is h

prohibited.

13. The sale or offer for sale of cotton picker sacks on any b

of weight other than the weight of the untreated material o2

inch basis is hereby prohibited.

14. The booking of contracts with provisions guaranteeing p

against decline or advance, or with stock protection is h

prohibited.

15. The placing of merchandise on consignment, either dire

indirectly, is hereby prohibited.

16. The copying or imitation or sale of new styles, patter

designs originated by another member of the Industry when 

shall be registered either with the United States Patent Of

accepted as a novel by a two-thirds vote of the Code Authori

registered with said Code Authority.

B. Sales Below Cost, Open Price Listing, and Cost Acco

Provisions.

1. No member of the Canvas Goods Industry shall sell o

o

for sale, or exchange, any products of the Industry in a re

wholesale transaction at a price below the reasonable cost estab

as hereinafter provided.

(a) When the Retail Canvas Goods Code Authority dete

that an emergency exists in the Retail Section of this Industr

that the cause thereof is destructive price-cutting such as to r

ineffective or seriously to endanger the maintenance of the pro

of this Code, the Retail Canvas Goods Code Authority may ct

be determined for any or all retail regions and/or retail zont

reasonable such Administrator period member approve, in Article detrmination of of the or VI, cost the modify emergency, Section of may Industry the to require. products the 4(a), be it to subject detrmination. shall sel any The of or products be the to Administrator offer an such Retail unfair to notice of Section Thereafter, sell the trade at and Inustry may retail, of practice hearing this approvdurinas for Indftdtdw
54

the reasonable cost has been determined at such prices an

u

such terms or conditions of sale that the buyer will pay l

t

fore than the reasonable cost of such products.

When it appears that conditions have changed, the Reta

Goods Code Authority, upon its own initiative or upon th

r

of any interested party, shall cause the determination to be r

(b) No member of the Industry shall sell or offer fo

exchange any product of the industry at wholesale, as d

i

Section 4-b of Article VI, at a price below his oN indivi

c

determined in accordance with the provision of Section 3 

t

Article, except to meet the competition of a competitor w

in

selling below his own individual cost.

(c) When the Wholesale Canvas Goods Code Author

mines that an emergency exists in the Wholesale Sectio

t

Industry and that the cause thereof is destructive pri

such as to render ineffective or seriously to endanger th

m

nance of the provisions of this Code, the Wholesale Canv

Code Authority may cause to be determined for any or 

w

sale regions and/or wholesale zones, the reasonable cost of tp

ucts of the Wholesale Section of this Industry, such dete

to be subject to such notice and hearing as the Administrm

require. The Administrator may approve, disapprove, om

the determination. Thereafter, during the period of the e

it shall be an unfair trade practice for any member of the I

to sell or offer to sell at wholesale, as defined in Article V

4(b), any products of the Industry for which the reason

c

has been determined at prices and/or upon such terms or c

of sale that the buyer will pay less therefor than the r

cost of such products.

When it appears that conditions have changed, the W

Canvas Goods Code Authority, upon its own initiative u

the request of any interested party, shall cause the dete

to be reviewed.

(d) The foregoing provisions shall not apply to articles c

known as " dropped lines ", " close outs " and damaged r

merchandise, which articles may be sold at such price or p

are necessary to consuimato a sale.

2. In fitfuring cost the items of materials may be base

u

manufacturer's individual cost or upon the market valu

or

iiiaterials, whilever is lower.

3. Every member of the Industry must have, a cost a

w

(a ) The Retail Canvas Goods Code Authority shall ca

tb

forimulat4d ain accounting system and methods of cost findi

<stimatmg capable of use by all members of the Industry 

retail. After such system and methods have been formu

approved be retail. retail methods, mindttry made 1hall Thereafter Sold by available determ the by Admninistrator, them inc allto members and,'or all in accordance membersstimate of full the details Indutry of with costshe the of concerning Industry selling all principles producpritt
55

(b) The Wholesale Canvas Goods Code Authority shall ca

t

be formulated an accounting system and methods of cost f

and/or estimating capable of use by all members of the Industr

ing at wholesale. After such system and methods have bee

f

mulated and approved by the Administrator, full details conc

them shall be made available to all members of the Industry 

at wholesale. Thereafter all members of the Industry sellin

p

marily at wholesale shall determine and/or estimate costs 

products of the Industry sold by them in accordance wi

t

principles of such methods.

4. Each member of the Canvas Goods Industry shall, with

t

days after the effective date of this Code, file with the Retail 

Goods Code Authority a net price list or a price list and di

sheet as the case may be, individually prepared by him, sh

his current prices or prices and discounts and terms of payme

conditions of sale on the following products and services s

offered for sale at retail as defined in Section 4 (a) of ArticV

Tarpaulin, canopy and tent rentals

Taking down, storing and putting up awnings

Awnings made-to-measure

Ship canvas

Tarpaulins

Paulins

Truck and wagon covers

Tents, including wall, stable, mule fly, oblong, concessio

show, gypsy, round and cemetery, and made-to-m

tents.

Revised price lists, with or without discount sheets, may b

f

from time to time thereafter with the Retail Canvas Goods C

Authority by any member of the industry to become effective u

a date specified by such member of the industry, which date 

be not less than ten (10) days after the filing of such revised p

with the Retail Canvas Goods Code Authority.

Copies of price lists, discount sheets and revisions thereof

w

notice of the effective date specified, shall be sent. to any m

of the industry upon written application to the Retail Canvas 

Code Authority for such information.

Upon the filing of any price list, discount sheet, or revision t

by any member of the Industry other members of the industr

m

file, if they so desire, revisions of their price lists and/or d

sheets, which, if filed previous to such effective date, shall take e

upon the date when the revised price list or discount sheet fir

f

shall go into effect.

5. No member of the Canvas Goods Industry shall sell or of

sale, or exchange, the products enumerated in the preceding s

when sold or offered for sale at retail as defined in Section 4 

counts Goods that of service approved 6. Article If any Code greater mnioned it price schdule be VI, Authority the list and or belief in on submitted of no the more such as ofmember preceding the above member favorable represents Retail of provided. the sction, on Canvas terms Industry file sales with at Goods of below prices payment the shall Code the Retail lower perforcost Authtdtt
56

member submitting same, the date of effectiveness of suc

l

m

be delayed an additional ten (10) days in order that an in

may be made by the Retail Canvas Goods Code Authority t

mine the propriety of such cost. If it is found or determibt

Retail Canvas Goods (ode Authority that said price list r

figures below cost, as defined by the Retail Canvas Goods C

A

thority and approved 1 by the Administrator, such price list shall be

withdrawn and revised price lists submlitted.

7. Nothing herein contained shall be construed to require tf

of prices with the Retail Canvas Goods Code Authority of 

t

products of the Industry sold at wholesale, as defined in AV

Section 4 (b), provided, however, that the Wholesale Can

Code Authority may elect to establish open price listin

f

product or products of the Industry sold or offered for sale 

w

sale as defined in Article VI, Section 4 (b).

In which event each member of the Canvas Goods Indu

within ten days after such decision, file with the Wholesa

Goods Code Authority a net price list or a price list an

sheet as the case may be, individually prepared by him, shh

current prices or prices and discounts and terms of pay

conditions of sale on the products decided upon by the W

Canvas Goods Code Authority sold or offered for sale at w

defined in Section 4 (b) of Article VI. Revised price lis

w

without discount sheets, may be filed from time to time t

with the Wholesale Canvas Goods Code Authority by anm

of the Industry to become effective upon a date specifie

b

member of the Industry, which date shall be not less than t

days after the filing of such revised prices with the Wholesa

Goods Code Authority.

Copies of price lists, discount sheets and revisions the

w

notice of the effective date specified, shall be sent to any m

the Industry upon written application to the Retail Can

Code Authority for such information.

Upon the filing of any price list, discount sheet, or revisio

t

by any member of the Industry, other members of the Ind

m

file, if they so desire, revisions of their price lists and/o

sheets, which if filed previous to such effective date, shall t

e

upon the (late when the revised price list or discount sheet f

shall go into effect.1

8. No meiil)er of the Canvas Goods Industry shall sell o

f

sale or exchlalngre the products decided upon by the Wholesa

Goods ('ode A itthiority when sold or offered for sale at wh

defined in Se4tion 1 (b) of Article VI, at prices lower or d

greater ()I. oH mo It re fa vorable tcrmil IS of payment than the approved

schedule of suIcb mieiber on file with the Ihtolesale Can

Code Autlhorit y as a! ve provided. that delayed may detei-inile memlilwber I 9. See If any be paragraph it stilIittinlg all be m1tade price th the add e 2 by propriety belief lists it of iM order the 1,a s111e, >isubmitted of Wholesale approvinig ten the ofthe (10) Wlolesale such date rep thisdaivs cost. Caniivas resents of Coode. efctivnes in CIf anvas order salsGoods it is Coods below that found Coe of 81n such Code the or Au

invdclAotmbt
07

by the Wholesale Canvas Goods Code Authority that said pr

l

represents figures below cost, as defined by the Wholesale 

Goods Code Authority and approved by the Administrator

price list shall be withdrawn and revised price lists submitte

10. It is hereby provided that the operation of the foregoin

p

visions in regard to price lists shall at all times be subject t

approval of the Administrator.

ARTICLE VIII-ODIFICATION

1. This Code and all the provisions thereof are expressly m

subject to the right of the President, in accordance with thp

visions of sub-section (b) of Section 10 of the National Ind

Recovery Act, from time to time cancel or modify any ord

a

proval, license, rule or regulation issued under Title I of saA

and specifically, but without limitation, to the right of the Pr

to cancel or modify his approval of this Code or any conditioi

posed by him upon his approval thereof.

2. This Code, except as to provisions required by the Acm

be modified on the basis of experience or changes in circums

such modification to be based upon application to the Admini

and such notice and hearing as he shall specify, and to become

tive on approval of the Administrator.

ARTICLE IX-MONOPOLIES

No provision of this Code shall be so applied as to permit m

lies or monopolistic practices, or to eliminate, oppress or discri

against small enterprises.

ARTICLE X-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing p

will be made impossible of consummation if prices of goods an

ices increase as rapidly as wages, it is recognized that price in

should be delayed ancd that, when made, the same should, so f

reasonably possible, be limited to actual increases in the seller'

c

ARTICLE XI-EFEcTnvE DATE

This Code shall become effective five days after its appro

b

the President.

Approved Code No. 333.

Registry No. 202-13.

0
UNIVERSITY OF FLORIDA

3 1262 08486 8404