Approved ode No. 537 Registr 1 No. 1604-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE O:F FAIR COMPETITION 

FOR THE 

BLUE PRINT AND PHOTO 

PRINT INDUSTRY 

AS APPROVED ON DECEMBER 18, 1934 

WE DO OUR PARt· 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Supe rintendent of Documents, \Vnshington, D. C. - - - - - - - - - Price 5 cents 

v 
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 Custombou e. 

Buffalo. r. Y. : Chamber of Commerce Building. 

Charleston, S. C. : Chamber of Comm r e Building. 

Chicago, Ill.: Suite 170G, 201 1 orth Wells Street. 

Cle>eland, Ohio: Chamber of Commerce. 

Dallas, 'rex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Builling. 

Indianapolis, Ind. : Chamber of Commer ce Building. 

Ja ksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenua. 

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. 

:Kew Yorl-, N. Y.: 734 Customhouse. Norfolk, Va.: 40G East Plume Street. 

Philadelpllia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, JI.Io.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 537 

CODE OF FAIR COMPETITION 

FOR THE 

BLUE PRINT AND PHOTO PR.INT INDUSTRY 

As Approved on December 18, 1934 

ORDER 

APPRon.L G Com: m, F Am CoMPETITION FOR THE BLLTE PmxT _\:SD 

PHoTo PmxT IxnusTRY 

An applic.ation havin · been clulj nutLle pur ·uant to and in full 

compliance iYith the proYision. of Title I of the National Indu:::trial 

Recovery A t. approYed J nne 16~ 1933 for approval of a lode of 

Fair Comp tition for th Blue Print and Photo Print Inclu~t.ry, 

and hearing having been duly held thereon and the annexed report 

on -·aid Code, containing fin ling. with re pe.ct thereto. haYing been 

made and directed to the Pre:·i lent : 

:N 0\\ . THEREFORE. on behalf of the Presid "nt of th "Cnit c1 

Stat ·,the National Inclu -trial RecoYery Board, pur. uant to auth rjty ve:terl in it by Exe ·uti-ve Orcle.rs of the Pr iclent. in luding 

ExecutiYe Order X o. 6 59, and therwise, doe ·· hereby inc rpm·at-e 

by reference aid annexed report and does find that aiel r'ode complie in all r . pe t.. · with the pertinent pro vi ions and will promote 

the polici .-· and I urpo 'E\ • of aiel title f sail act; an 1 doe : herebv 

order that . ·aid le of Fair Competition be and it i · h r by 

approi"e.d. NA'riOK.AL l:KD TRIAL RECO\'ERY BoARD. 

By \V. A. HARRIMAX , AdminiBtrntiz•e Offi.c , .. 

Approval recommended: 

J(ILBO -RKE J OHJ TOK 

.Acting Dirision Ad mini ·tmtor. 

" _\ HIX TON. D. ., c mbe}· 1 , 1.134. 

10~ 80: 0----13. 5- l OG----34 (65) 
REPOHT TO TI-lE PRESIDENT 

The PnESIDEXT, 

The lV llite H ousc. 

Sm: This is a report on the Coclc of Fair Competition for the 

Blue Print and Photo Print Industry, the hearing having been 

conducted in \Vashington on October 5, 1934, in accordance with 

the proYisions of Title I of the National Industrial Recovery Act. 

HOURS AND WAGES 

The maximum hours are established in this Code as follows : All 

employees, except outside salesmen and employees engaged in a 

managerial capacity who recei,·e thirty-five dollars ($35.00) pe,r 

week or more-forty ( 40) hours in any one week, or eight ( 8) hours 

in any twenty-four (24) hour period. The maximum hour provisions shall not apply to the following: Employees engaged in printing processes who may work a total of one hundred and fortyfour (144) hours additional in any calendar year, but not in excess 

of thirty-two (32) additional hours in any one month, but in any 

such special case at least one and one-half (l:Y2 ) times their regular 

rate shall be paid for hours worked in excess of eight ( 8) hours 

in any twenty-four (24) hour period or forty (40) hours in any 

one '"eek; employees on emergency maintenance or emergency repail· work involving breakdowns or protection of life or property, 

but in any such special case at least time and one-half shall be paid 

for hours worked in excess of the maximum hour provisions. No 

employer shall permit any employee to work for any time which 

when totaled with that already performed for another employer, 

or employers, exceeds the maximum hour pro,·isions. 

The minimum wages are established in this Code as follows : All 

employees, except messengers-fifteen dollars ($15.00) per week; 

JYiessengers-twehe dollars ($12.00) per week. These minimum 

rates of pay shall apply irrespective of whether an employee is 

actually compensated on a time rate, piecework, or other basis and 

female employees performing substantially the same work as male 

employees shall receiYe the same rate of pay as male employees. 

Employees whose earning capacity is limited because of age or 

physical or mental hai1dicap or other infirmity may be employed 

on light work at a wage below the minimum established by this 

Code if such employer shall obtain from the state authority designated by the United States Department of Labor a certificate authorjzing his employment at such \vages and for such hours as shall 

be stated in the certificate. 

The employment of any person under sixteen (16) years of age 

is prohibited with a further provision that no person under eighteen 

(18) years of age may be employed in any occupation hazardou. 

in nature or dangerous to health. 

(66) 
G7 

01:~ ETI A.L , 'f.\ TE:WEXT 

Thi Industry inclnd~ · the . en ·ice for other~ for ·om pen. ation 

or hire of printinp: on :en ·itizecl 1 aper or doth by mean .. of photoo-raphi proce:-3 ·es, known a .. blne printing and photo printing. 

There are approximately 450 concern.- in the Inclu try. which 

number is n clecrea ·e of about 1 percent since 1929. There i. · nn 

e. timatecl number of 5,500 employee. again. t an e. ·timated 6 000 

in 1929 a <l ecrea ·e of about 8 percent. The estimated aggreo-nte 

inve ted capital tl -rea ·e 1 from $14,000,000 in 1929 to an estimated 

$10,000 000 in 1933, a decrea ·e of about 2 percent. No relinblc data 

i. · aYailable on the Yolmne of .'ale . 

Th A sistant Deputy Administrator in hi · final report on . ail 

Code haY in; found as herein et forth and on the basi-· of all the 

proceeding:- in this matter. It i found that: 

(a) Said Code i. · well de ·igned to promote the polici.e. · and purpo ·e · of Title I of the National Inclu trial Reco ery Act: including 

the removal of ob tru ction · to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof, and will pro- ride for the g neral welfare by promoting th organization of Inclu. -

try for the purposes of cooperative action among the trade group 

by inducing and mainta ining united action of labor a.nd managenwnt 

under adequate goYermnent ·auctions and upervi ion, by eliminating unfair competitiYe practices, by promoting the fulle t po::, ·ible 

utilization of the preNent procluctive capacity of inclustrie , by avoiding undue re 'friction of production (except a may be temporarily 

required), by increa ·ing the con mnption of industrial and agricultural produ t throubh increa ing purcha ing pow "r, by reducing 

and relieving unemployment, and imprm ing standard. · of labor, and 

by otherwise rehabilitating indu try. . (b) Said indu trv normally emr loy. not more than ~0,000 employee ; and i not classified a a major industry. 

(c) The Code as approved complie in all re pe-t.-· '' ith t.h pertinent provision. of ·aid Title of sai l A t including without limitation Subsection (a) of Section 3, Subsection (a.) of Section I and 

ubsecton (b) of Section 10 thereof; and the applicant a ·ociation is 

an association truly repre entative of the afore. aid Industry : anl 

said a ociation impo e no inequitable re tri ti on~ on a lmissi n to 

member. hip therein. 

( c1) The ode i not designed to and will not eliminate or oppre · .... mall enterpri es and will not operate t lis riminate again:·t them. 

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

monopoli tic pra ·ti e, ·. 

(f) Tho e eno·aged in other tep of the economic pro e~ ~ haYe 

not been lepriYecl of the right to be hea rd prior to appr Yal of aid 

ole. 

For the · rea .. on , thi. Code ha · been a.ppr ved. 

For the National Indu. trial RecoYery Board: 

1V. A. HARRil\fAN 

Ad m.i nist l'ati ve Officer. 

DE K\IBER 1 : 1934. 
CODE OF FAIR COl\1PETITION FOR TI-IE BLUE PRINT 

AND PHOTO PRINT INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of theN ational Industrial Recovery 

Act this Code is establi heel as a Code of Fair Competition for the 

Blue Print and Photo Print Industry, and the provi ions of thi · Code shall be the standards of fair competition of such Indu try 

an l ·hall be binding upon every member of the Indu try. 

ARTICLE II-DEFINITIO s 

SECTION 1. The tern1. " Blue Print and Photo Print Industry " as 

used herein includes the service for others for compensation or hire 

of printing on sen itized paper or cloth by n1.eans of photographic 

processes, known as blue printing and photo printing, and such 

related branches or ubdivisions thereof as may from time to time 

be included under the provisions of this Code. The provi ions of 

this Code shall not apply to any of the operations above mentioned 

when performed by a company for its own use and not for compensation or hire, or by a company in the production, solicitation for 

sale, sale, installation, repairing or servicing of products produced 

by such company. 

SECTION 2. The term "employee" as used herein includes any and 

all persons engaged in the Indu try, however compensated, except 

a member of the Industry. SECTION 3. The term "employer" as u eel herein includ s anyone 

by whom such employee is compensated or employed. 

SECTION 4. The term "member of the Industry" as used herein 

includes, but without limitation, any individual, partnership, a ocia- _ tion, corporation, or other forn1. of enterprise engaged in the Blue 

Print and Photo Print Industry as above defined, either as an 

employer or on his or its own behalf. 

SECTION 5. The terms "President", "Act " and "The Board" as 

u eel herein mean respectively the President of the United States 

Title I of the National Indu trial Recovery Act, and the National 

Industrial Recovery Board. . 

SECTION 6. The singular include the plural, the plural includes 

the singular, the masculine include the feminine and neuter and the 

neuter includes the masculine and feminine. 

AnTICLE III-Houns 

SECTION 1. No employee shall be permitted to work in excess of 

forty ( 40) hours in any one week or eight (8) hours in any twentyfour (24) hour period, except ouLide ·alesmen and except employees 

(68) 
m> 

.engugecl in a mnnagt'rial ca pacity re<.:eiYing thirty-fiyc d(1llars 

($35.00) n "\Yt:>ek or tl!Or~. und except that nn entployee C'ngaged in 

p1·inbng pro<.:esses ntny work :1 total of one hundred anll forty-four 

(144) 1HJurs additional in any calendar year but not in excess of 

thirt.y-tv1o (32) additional hours in any one month, provided, howf'W'r. that all ::.uch additional hours shall be compensated at not less 

than time aml one-half. A normal work clay shall not exceed eight 

(R) hours. 

SEcTio~ 2. The maximum honr;;; fixed in the foregoing section 

:-;hall not apply to any employees on emergency maintenance or 

mergen cy repail' work involving breakdowns or protection of life or 

property. but in any such special case at least time and one-half 

:-;hall be paid for hours worked in excess of the maxinnnn hours 

then-in provided. 

SECTION 3. ~ o employee shall be permitted to work more than six 

( {)) days in any seven (7) day period. 

SECTION 4. No employer shall knowingly permit any employee to 

work for any time which, when added to the time spent at work for 

another employer or employers in this Industry (or other industry), 

exceeds the maximnm permitted herein. 

SECTIOK ;J. Any person who does any work commonly performed 

by an employeP shall be snbj ect to the provisions of this Code as t o 

hours of lab(n·. 

ARTICLE IV-,VAGE 

~E TIUX 1. No employee shall be paid in any pay period less than 

at tlw rate of fifteen dollars ($15.00) per week, except mc'.Ssenger 

"\Yho shall be paid at not less than t\Yelve dollars ($12.00) per week. 

SECTION 2. This Article establishes min1nnun rates of pay '"vhich 

shall apply, irrespective of whether an employee is actually compensated on a time rat e, piecework, or other basis. 

SECTION 3. No employer shall n1ake any reduction in the full-time 

weekly earnings of any employee whose normal full-time weekly 

hour . .,; are reduC'ed by t"enty percent (20% ), or less, below those 

existin:r for the week ending June 17, 1933. vVhen the normal fulltime weekly hours of an employee are reduced by more than said 

percent, the full-time weekly wage of such employee shall not be 

reduced by more than one-half ( 1j2 ) of the percentage of hour reduction aboYe ~a id percent. In no event shall hourly rates of pay be 

r educed. irrespectiYe of "\vhether compensation is actually paid on an 

honrly, weekly, or other basis, nor shall any wages be at less than the 

minimum rates herein provided. 

'Vithin thirty (30) clays of the effective elate hereof (unless such 

adjustment has been made theretofore.), each employer shall adjust 

the schedules of wages of his employees in such an equitable manner 

as will conform to the provisions hereinabove set forth and still pre-

.~e rve wa.~e differentials r easonabl:f proportionate to those in effect 

prior to the effectiYe date of this Code. 

'ECTION 4. Female employees performing substantially the same 

work us male emplo~'ees shall receive the same rate of pay as male 

employees. 

ECTION 5. A person whose earning capacity is limited because of 

a.Q·e or physical or mental handicap or other infirmity may be em-
·-;-o 

played on light work at a ·wage below the minimum established by 

this Code if the employer obtains from the state authority designated 

by tho United States Department of Labor a certificate authorizing 

his employment r.t such wages uncl for such hours as shall be stated 

in the certificate. Each employer shall file monthly with the Code 

Authority a list of all such persons employed by him, showing the 

wages paid to, and the maximum hours of work for such employees. SECTION G. The employer sha ll make payment of all e:s:pense incurred by an employee in performance of his duties. 

SECTION 7. Standards as to the maximum hours of labor, minimum 

rates of pay and such other conditions of employment as may be necessary to effectuate the policies oi Title I of the Act may be established for any area by mutual agreements between employers and 

employees arri,ed at and approyed pursuant to the provisions of 

Section 7 (b) of the Act, provided that the wage, hour and othe.r 

labor proYisions of such agreements shall not be less favorable to 

employees than the wage, hour and other labor provisions establishell 

in this Code. 

SEcTiox 8. All members of this Industry shall make payment of all 

wages and sularies clue in lawful currency or by negotiable check 

therefor, payable on demand at par. If wages are paid by check, the 

employer shall provide reasonably accessible facilities for cashing 

such checks at face value without expense to the employee. Em- ployers shall also provide such identification as is necessary to utilize 

such facilities. \Y ages shall be payable at the end of each weekly period and shall 

be exempt from any payment or deduction for pensions, insurance. or 

sick benefits other than those voluntarily paid or authorized to be 

deducted by employees. Employers or their agents shall not accept, 

directly or indirectly, rebates on such wages or give anything of value 

nor e:s:tencl any favors to any person for the purpose of influencing 

rates of wages or working conditions of their employees. 

ARTICLE V- GENERAL LABOR PROYISIONS 

SECTIO~ 1. No person under sixteen (16) years of age shall be 

employed in the Industry in any capacity. No person under eighteen 

(18) years of age shall be employed in the Industry at operation 

or occupations hazardous in nature or detrimental to health. In any 

State any employer shall be deemed to have complied with this pro- vision as to age if he shall have on file a certificate or permit, duly 

signed by the Authority in such State empowered to issue employment or age certificates or permits showing that the employee is 

of the required age. ECTION 2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and 

shall be free from the interference, restraint, or coercion of employers 

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

or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

SECTIO:N 3. No employee and no one seeking employment shall be 

required as a condition of employ1nent to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing. 
71 

SECTION 4. Employer· hall comply with the maximum hours of 

labor minimum rates of pay an l other condition of mplo.Ym?nt 

approved or pre cribed by the Pre ident. 

SECTION 5. Every employer shall provide for the ·afety and 

health of employees during the hours an 1 at the places of thei · employment. Standards for safety and health ·hall be ubmitted by the 

Code Authority to the Board within ix (6) months after the effective 

date of this Code. 

SECTION 6. No provision in this Code shall super ede any State 

or Federal law which impo es on en1.ployers more string(.>nt requirements as to age of employees, wage , hours of work, or as to safety, 

health, unitary or general working conditions, or in urance, or fire 

protection, than are imposed by th.is Code. 

SECTION 7. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge o as to 

defeat the purposes or provisions of the Act or of this Code. 

SECTION 8. All employers shall post and keep posted copie of 

this Code in conspicuous place accessibla to all employees. Every 

men1ber of the Inclu try shall comply with all rules and regulations 

relative to the posting of provisions of Codes of Fair Competition 

which may from time to time b pre cribed by the Board. 

ARTICLE VI-ORGANIZATION, PowERS AND DUTIES OF ConE A THOniTY 

SECTION 1. During the period not to exceed sixty (60) days following the effective elate of this Code, the Code Com.mittee of the Intern ational As ociation of Blue Print and Allied Indu tries hall constitute a temporary Code Authority. There shall be con tituted 

within the sixty (60) day period a Code Authority consisting of 

six ( 6) me1nbers who shall be members of the Industry to be elected 

as follows: 

(a) The temporary Code Authority shall select a member or group 

of members of the In lu try with the duty of calling a meeting of the 

members of the Industry, upon fifteen ( 15) days' notice sent by 

registered mail to all member · of the Industry, IYhose names may 

be ascertained aft r diligent earch. At such meeting the m mbers 

of the Indu try shall nominate and elect six ( 6) member to be their 

repre entative.; on th Code Authority, the Yoting to be either in 

person or by proxy or by letter ballot. Not more than four ( 4) 

members so elected members of the Cor:1e Authority shall be 1nembers 

of the International A sociation of Blue Print an 1 Allied Industries. The members of the Code Authority fir t ele"ted shall serve 

till June 16, 1935. Thereafter members of the Code Authority hall 

be elected for a term of one year at a meeting c.alled by the Code 

Authority not less than thirty ( 30) day prior to the expiration date 

of the current term of office of the Code Authority. 

(b) A vacancy occurring in the Code Authority hall be filled by 

a membar of the Indu try who . hall b~> elected to th Yacancy by a 

majority vote of the remaining mem,bers of the Code Authority, 

consi tent with the provi ion of the preceding p aragraph subject 

to the approval of the Board. 
'{3 

Sn"! to.x :2. The lioJrd in ih i~ rretio u may ~~ }Jpuint not nton" than 

tht E'l' (0) member:-, of t!H· CodP ..At1tl:ority. \\'it!w:!t votP, to se t'Ye {or 

such tPrms a~ it may prc' wril . 

8ECTIOX 3. Each trncle or ind1l:-itrial a::;::;o('iation d ire<:th m· irulirectly participutin:£ in the ~elec tion or aebYit.ie:-> of the ·c\)de Authority shall (1) in1 po~e 110 .inequitable re::itrivtiuns on llter11brrsllip 

and (2) ::;ubmit to the Boanl h·ue copies of j ts nrt.icles of associabc,n: 

hy-lnws, regnlatim1s, nnd any nnwiHlments w1H' 11 made therdu, t ogether with ~l ch other informati on as to llH-'!lllH' rship, org·a11iZcttion 

and activities us the Boanl may <leE'm Ill'l'es:--nrv to efft-C'tU<lte t he 

purposes of the Act. · · 

ECTlOK 4. In onle1· that the Code A uthorih' :-;hcdl at all times be 

b ·nly rq)l'esentatin' o-f th e Industry alld iH ~til er n•::;pe<·rs <·otnpiy 

with the provisions of the Ad, the Hoar<1 may prescrib<:' :--ndt ltt::'nl'-

ings as it may Jeem proper; aml therea-fter if it shall finLi tlUlt the 

~o de A Hthority is not tr uly representative or dol::'s not in otC1er respects comply with t he proYisions of the Act. may reqn ict' an appropriate moclification of the Code Authority. 

SECTIO~ 5. Nothing conta ined in this Code shaH cunst1t ul:v Ow 

members of t he Code Authority partners for any purpo:-.e. Xor 

shall any member of the Cocle Authority be lial)lt~ iu an~' mc.ll tlW t· t(J 

anyone for any act of any other member, officer. agt>nt, m· <.' mploye<:' 

of the. Code Authority. ~or shall any member of the Cudt' Altthority exercising rea son able. tliligence in the conduct of h]s dnt ies h erl:'-

uncler be liable to anyone for any action or omission to a('t. mH.lt>r this 

Code, except for hi~ mYn 'lvilftil mal£easanc<-> o1· n<mf(:.asunce . 

SECTION 6. Sn bject to such rules and regulation-:; as llln y be .is:-:u<><l 

by the Board, the Code Authority shall h an-' the following po\\·<'l's 

and duties, iil ad<.lition to those authorized by other JH'o\·isions uf 

this Code. 

(a) To in:-;nre the execution of the provi~ion s of this Cude nml l.u 

Jn·ovide for the complian ce of the Industry 'lvith the prov i::;imls of th<.· 

A ct. 

(b) To adopt by-1::1"\\·s rules and r egulations for its pruce<.lttn:. 

(c ) To obtain from members of the Inclu;-;try such information 

and r eports as are r equired for the admini~traiion of the Cude. 

In addition to information r equired to be submitted to a c:onfi<lentia l 

aml disinter·ested agent of t h e Code A uthority, or, if none , then 

with such an ngent designated by th e Board , members of the Industry ~ub ect to this Code sh all furnish such statistical infonnation 

as the Board may deem necessary for the purposes r ecited in Section 3 (a) of the Act to such F ederal and State agencies as it may 

clesignate; providell that nothing in this Code shall relieYe any member of the Industry of any obligations to furni~h rep orts to any 

goYernment agency. No individual r eport shall be d isclosed to an · 

ether member of the Indw:;try or any other party exePpt to su ch 

other GoYermnental agencies n.s may be directed by th e Boan1. 

( Ll) To use such trade associations and oth er agencies as )t deems 

proper for the carrying out of any of its ac.tiYities provided for 

herein, provided that nothing shall relieve t h e Cude Authority oi its 

duties or r esponsibilities nll<ler this Code and that such trade assocjations anJ agencies shall at all times be suhjert to and romply with 

the proYisions h ereof. 
73 

· (e) To recommend to the ~oard any act.ion or 1~1~asure deem~d 

advisable including fuTther fa1r trade practice provisiOns to govern 

members 'of the Industry in their relations with each other or with 

other industries; measures for industria] planning, and stabiliza .. 

tfon of employment; and including modifications of this Code which: 

shall become effective as part hereof upon approYal by the Board 

after such notice and hearing as it may specify. 

(f) To appoint a Trade Practice Committee which shall 1neet 

with the Trade Practice Committees appointed under such other 

codes a~ may be related to the Industry for the purpose of formulating fair trade practices to govern the relationships between eniployers under this Code and under such other codes to the end that such 

fair trade practices may be proposed to the Board as amendments 

to this Code and such other Codes. 

(g) To provide appropriate facilities for arbitration, and subj ect 

to the approval of the ' Board, to prescribe rules of procedure and 

rules to effect compliance with awards and determinations. 

SECTION 7. The Code Authority 1nay define trade areas, their subdivisions, and suburban areas and designate the boundaries thereof, 

subject to the approval of the B oard. 

SECTION 8. In order to support the administration of this Code 

and to maintain the standards of fair competition established hereunder and to effectuate the policy of the Act, the Code Authority 

is authorized: 

(a) To incur such r easonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be r aised as hereinafter provided and which 

shall be held in trust for the purposes of the Code; 

(b) To submit to the Board for its approval, subject to such notice 

and opportunity to be hea rd as it may deen'1 necessary (1) an itemized budget of its estimated expenses for the foregoing purposes, and 

(2) an equitable basis upon 1Yhich the funds necessary to support 

such budget shall be contributed by members of the Industry; 

(c) After such budget and basis of contribution haYe been approved by the Board, to determine and obtain equitable contribution 

as above set forth by all such members of the Industry, and to that 

end, if necessar y, to institute legal proceedings therefor in its own 

name. 

SECTION 9. E ach member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code 

Authority, determined as hereinabove provided, and subj ect to rut ... 

and regulations pertaining thereto issued by the Board. Only members of the Industry complying with the -Code and contributing to 

the expenses of its administration as hereinabo,Te provided, nnle 

duly exempted from making such contributions, sh all be entitled to 

participate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary activities or to make ~e 

of any emblem or insignia of the National Recovery Administration. 

SECTION 10. The Code Authority shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as ·estimated 

in its approved budget, and shall in no event exceed the total amount 

contained in the approved budget, except npon approval of the 

Board; and no subsequent budget shall contain any deficiency item 
74 

f or ex nllitnr ~ in PX< '(':-- s of prior buclgPt e:-<t imates except those 

which the Board :--hn ll h a\'e :-;o approYed. 

SECTION 11. If the Board sha ll at any time deterwine tha.t any 

action of a Code Authority, or any agency thereof, may be unfair or 

Hlljnst or contrary to the publi<: inter ~t , the Board may require that .mch aetion be suspenued to afford an opportunity for investigation 

of the merit.s of such action and further consideration by <: h Code 

Authority o1· Agency, pending final action, which shall not be effective unless the Board approves or unless it shall fail to disapprove 

after thirty (30) days notice to it of inten6on to proceetl with h 

n.ction in its m·i ginal or modified form. 

ARTICLE YII- 'I'nADJ<j Pn.1cncE R u LEs 

RULE 1. ~ 0 member of the Inclu ~ry shall publish auYerti~ing 

(whether printed, r adio, display, or of any other nature), which if 

misleading or inaccurate in any material particular, nor shaH any 

member in any way misrepresent any goods (including, but without 

limitation, its use, trade mark, grade, quality, quantity, origin: size .-mbstance, character, nature, finish, material, content, or preparation) or credit term:-:, values, policies, servi<:es, or the nature or form 

of the business conducted. 

R ULE 2. No member of the Industry shall knowingly 'Tithholcl 

from or insert in any quotation or invoice any statement that make·' 

jt inaccurate in any material particular. 

R ULE 3. No member of the Industry shall publish aclYcrtising 

which refers inaccurately in any material particnlar to any competitors or their prices, valu ~s, credit terms, policies, or services. 

R u LE 4. No member of the Industry shall publish or circulate 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of harrassing competitors or intimidating their 

customers. 

R u LE 5. No member of the Industry shall s~c tly offer or make 

any payment or allowance of a re.bate, refund, commission, credit. 

unearned discount or excess allowance, whether in the form of 

money or otherwise, nor shall a member of the Industry secretl. 

offer or extend to any customer any special service or privilege no 

extended to all customers of the same class, for the purpo~e of 

influencing a sale. 

R u LE G. No member of the Industry shall gi,e, permit to be giYen. 

or offer to give, anything of value for the purpose of influen<:ing or 

r ewarding the action of any employee, agent, or representative of 

another in relation to the business of the employer of such employee the principal of such agent or the represented party, without the knowledge of such employer, principal or party. This pro- vision shall not be construed to prohibit free and general distrjbution 

of articles commonly used for advertising except so far as such 

articles are actually used for commercial bribery as hereinabove 

defined. 

RULE. 7. No member of the Industry shall wilfully induce or attempt to induce the breach of existing contracts between competitor:_ 

and their customers by any false or deceptive means, or interfer 

with or obstruct the performance of any such contractu al duties or 
75 

cervices by any uch mean , with th PUl'l:J O ·e and eff ct of hampering, inju~ino-, or mbarra ·ing competitors in th ir bu._:ine .·. This 

chall not be con trued to pply to labor contracts. 

R LE 8. No member of the Industry ~all accept the return for 

partial or full credit of any blueprint, photo print, or other .prodn ts 

pre\iou ly delivered for any rea on other than the un at1 factory 

nature of aid product. 

RcLE 9. No member of the Industry hall u e any ubterfuge 

to fru trate the spirit and intent of this Code. 

ARTI LE VIII-OPEN PRICE AGREEl\IE~nr 

SECTION 1. Each member of the Industry shall file with a confidential and disinter ted agent of the Code Authority or, if none, 

then with such an agent de ignated by the Board, identified li ts of 

all his prices, eli count.... r bates, allowances, and all other terms or 

conditions of sale, hereinaftpr in this Article referred to a " price 

tenns ", which lists shall completely and accurately conform to and 

represent the individual pricing practices of said member. Such 

lists shall contain the price terms for all such standard products of 

the Industry as are sold or off red for sale by said member and for 

such nonstandard product of said n1ember as hall be de ignated 

by the Code Authority. Said price list terms shaH in the first 

jnstance be filed within ten (10) days after the date of approval of 

this provision. Price terms and revised price terms shall become 

effective immediately upon receipt thereof by said agent. Immediately upon receipt thereill aid agent shall by telegraph or 

other equally prompt means notify aid member of the time of such 

receipt. Such lists and revi ions or any part ther of shall not be 

made available to any person until released to all members of the 

Indu try and their customers, as aforesaid; provided that prices 

filed in the first instance shall not be released until the expiration of 

the afore aid ten (10) day period aftpr the approval of thi Code. 

The Code Authori"-y shall maintain a I ermanent file of all price 

terms filed as herein provided, and shall not destroy any part of 

such record except upon written consent of the Boar 1. Upon re- quest the Code Authority hall furni h to the Board or any duly 

designated agent of the Board copies of any uch lists or provisions 

of price terms. Such price li ts and/ or any re-vi eel price li t hall 

be made available to all intere ted parties. 

SECTION 2. \Vhen any member of the Industry has filed any re- ision, uch member shall not file a higher price within forty-eight 

hour . 

SE TION 3. No n1en1ber of the Indu try shall sell or offer to sell 

any product/ er ices of the Indu try, for which price terms have 

been filed pur uant to the provisions of this Article, except in accord- ance with uch price ternlS. 

SECTION 4. No member of the Industry shall enter into any agreem~nt, under tanding, combination or con piracy to fix or maintain 

pnce terms, nor cau e or att mpt to cause any member of the indu try 

to change hi:;; price term by the u e of intimidation, coercion, or any 

other influence, in onsistent with the maintenance of the free and 

open market which it is the purpo e of this Article to create. 
76 

fh~C TIOK f> . ThC' :-tunllnnls ()f fair competition for the industry with 

refer('HC'e to pricing practices are declared to be as follows: 

(a ) \Vilfnlly <kstrudiYe priee cutting is an unfair method of 

competition aw1 is forbidden. Any member of the industry or of 

any other industry or the customers of either may at any time complain to t he Code Authority that a.ny filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or tending tmYard monopoly or the impairment of code ·wages and 

'vorking conditions. The Code Authority shall within 5 days afford 

a.n opportunity to the member filing the price to answer such complaint and shall within 14 days make a ruling or adjustment thereon. 

I f snch ruling is not concurred in by either party to the complaint, 

all papers shall be referrell to the Research and Planning Division 

of N. R. A. which shall render a report and recommendation thereon 

t o the Boa rd. 

(b) \Vhen no dec:la.red emergency exists as to any given product, there is to be no fixed minimum basis for prices. It is intended that ,.;ouml cost estimating methods should be used and that considerl\tion 

f"hould be given to costs in the determination of pricing poli cies. (c ) \Vhen an emergency exists as t o any gi1en product, sale belov,r 

the st ated minimum price of such product, in violation of Section 6 

hereof. is forbidden. 

SEC'riOx 6.- (a) I f the Board after investigation shall at any time 

find both (1) tha t an emergency has arisen within th e industry ad-

-ve rsel y affecting small enterprises or wages or labor conditions, or 

tending toward monopoly or other acute conditions which tend to defeat the pl1rposes of the Act ; and (2) that the determination of the 

.:i tated minimum price for a specified product within the industry for 

a limited period is necessary to mitigate the conditions constituting 

:::: uch emergency and to effectuate the purposes of the Act, the Code 

Authority may cause an impartial agency to investigate costs and to 

recommend to the Board a determination of t he stated minimum 

price of the product affected by the e1nergency and thereupon the 

Boa rd may proceed to determine such stated minimum price. (b) \Vhen the Board shall have determined such stated minimum 

price for a specified product for a stated period which price shall 

be reasonably calculated to mitigate the ondi~ion s of such. emergency and to effectuate the purposes of the N atwnal Industnal RecoYery Act. it shall publish such price. Thereafter, during h 

stated period: no member of the industry shall sell such spec1fiecl 

products at a net realized price below said stated minimum price 

a.nd any such sale shall be deemed destructive price cutting. From 

time to time, the Code Authority may recommend review or reconiicleration or the Boa1:cl may cause any determinations hereunder to 

be reviewed or r econsidered and appropriate action taken. 

SECTION 7. The Code Authority shall cause to be formulated methods of cost finding and accounting capable of use by all member. of the Industry, and shall submit such methods to the National 

I ndustrial RecoYery Board for r eYiew. If approved by the Board, full inf ormation concerning such methods shall be made available 

to all members of the Industry. Thereafter, each member of the 

Industry shall utilize h methods to the extent found. practicable. 

Nothing herein contained shall be construed to permit the Code 
77 

Authority, any ao·ent thereof, or any me nlJei· of the Inclnstry to 

sugg st uniform addition ·, percentaO'es, or difier utial , or otLET uniform items of costs which are do. igned to bring about arbitrary 

uniformity of costs or prices. 

AnncLE IX-l\1oDIFICATIOX 

SECTION 1. This Code and all the provi ions thereof are expressly 

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

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

time to cancel or modify any order, approval, license, rule or regula- tion i ued under Title I of said Act. 

SECTION 2. This Code, except as to provisions required by the Act, may be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Board 

and uch notice and hearing as it shall specify, and to become 

effectiYe on approval. 

ARTICLE X-1-.!J:oNoPoLms 

No pro vi ·ion of this Code shall be o applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discrimi- nate against small enterprises. 

ARTICLE XI-PRICE INCREASES 

vVhereas the policy of the Act to increase real purchasing power 

will be n1ade more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases except such as may be required to meet individual cost 

should be .delayed, and when made such increases should, so far as 

possible, be limited to actual additional increases in the seller's costs. 

ARTICLE X I I - EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the National Industrial Recovery Board. 

Approved Code No. 537. 

Registry No. 1604-02. 

0 
UNIVERSITY OF FLPRIDA 

111 1111111~11~~~1~1 ~1!1~1~~1 ~~~~ 111111111 '.I