637 D Registry No. 501-06 

NATIONAL RECOVERY ADMINISTRATION 

PROP,OSED CODE OF FAIR COMPETITION 

FOR THE 

TEXTBOOK PUBLISHING 

INDUSTRY 

AS SUBMITTED ON SEPTEMBER 6, 1933 

',. . 

U.I. TO..V 

The Code for the Textbook Publishing Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - • • - - Price 6 cents 

• 
SUBMITTED BY 

NATIONAL TEXTBOOK PUBLISHERS' COUNCIL 

(D) 
THE CODE OF THE TEXTBOOK PUBLISHING INDUSTRY 

FOR THE ADVANCEMENT OF THE NATIONAL INDUSTRIAL RECOVERY ACT 

ARTICLE I-P RPO E OF THE CODE 

ECTION 1. Thi Code, her inafter referred to as ' the Code", is 

adopted pursuant to Title I of the ational Industrial Recovery 

Act. 

SEc. 2. The purpose of the Code is to effectuate the provisions of 

the National Indu trial Recovery Act insofar as it is applicable to 

the Textbook Publishing Industry, to increase employment, to establish fair and adequate wages and fair hours of labor, and to eliminate unfair trade competition in the Textbook Publishing Industry. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term ' Textbook Publishing Industry " is defined 

as the business of publishing and elling books, printed materials, 

and/or accessories, in the nited States and its possessions, for use 

in educational institutions such as public schools, private schools, 

colleges, and universities, and for instructional use by individuals 

or groups. 

SEC. 2. The term " Member of the Textbook Publishing Industry " 

is defined to include any person, partnership, corporation, association, or public body now or hereafter engaged in the Textbook Publishing Industry as defined above. 

SEc. 3. The term ' unfair competition" is defined as any act on 

the part of any M:ember of the Textbook Publishing Industry in 

violation, under the National Industrial Recovery Act, of the provisions of this Code. 

SEC. 4. The term " per on " means and includes any natural person, partnership, corporation, association, institution, or public body. 

ARTICLE III-MEMBERSHIP 

SEcTIO 1. Any Member of the Textbook Publishing Industry 

shall be entitled to be a participating member of the ational Textbook Publishers' Council as hereinafter provided for, upon accepting his share of the responsibilities and costs of such participation, 

and hall be entitled to all the benefits thereof· but all :Members of 

the Textbook Publishing Indu try. in accordance with the provisions of the ational Industrial Recovery Act, shall be subject to 

the provisions of the Code when approved by the President of the 

United States, whether such fembers of the Textbook Publishing 

Indu try are or are not :Members of the National Textbook: Publishers' Council. 

ARTICLE IV-Amurxr TRATION OF THE ConE 

SECTIO 1. The Code shall be administered by the National Textbook Publishers' Council founded for this purpose and whose membership is made up as follows: each Member of the Textbook Publishing Indu try who agrees to comply with the provisions 0f the 

Code, m.ay designate one executive from its own organization as 

9473-33 (1) 
it r pres~ntative to erve until replaced by the Member of the 

Textbook Publishing Industry making such designation, and such 

repre entative so designated hall constitute the National Textbook Publi hers' Council, hereinafter referred to as the 'Council." 

SE . 2. The member of the Council shall elect from its memberhip a Chairman, a "\ ice hairman a Secretary, and a Treasurer, 

and hall then elect from it m mber hip not more than seven, who, 

together with the elected officer hall con titute the Executive 

Committee. All officer and member · of the Executive Committee 

shall erve for one , ear or until their ucce ors are elected, or as 

may be provided in the B -Laws of the Council. 

SEc. 3. In accordance with the B3 -Laws of the Council, the administration of the Code shall be ve ted in and under the direction of 

the Executive Committee of the National Textbook Publisher 'Council and aid Executive Con1mittee ... hall have all the powers and 

dutie conferred upon it by the Code, and uch other power and 

dutie as ma be necessary and proper to fully administer the Code 

and effectuate its purpose. 

SEc. 4. Unle s otherwi e provided by the By-Law of the Council, 

the Chairman o:f the Council shall be the Chairman o:f the Executive 

Committee; he shall call meeting of the Executive Committee upon 

his own ip.itiative or when reque ted by :four Member of the aid 

Committee· he shall call uch meetings of the Council as may, in the 

judament o:f the Executive Committee, be deemed necessary, or upon 

a sianed reque t of one :fourth of the members o:f the Council. The 

"\ ice Chairman o:f the Council shall be the Vice Chairman o:f the 

Executive Committee, and in the absence of the Chairman hall act 

in his place. 

SEc. 5. Unle s otherwi e provjded by the By-Laws o:f the Council, 

the Secretary of the Council shall be the Secretary o:f the Executive 

Committee and under the direction o:f aid Committee he shall keep 

all books ( except books o:f account) and records o:f the Council and 

the Executive Committee; and, except as uch Committee shall otherwise provide shall collect file and tabulate all tatistics and other 

information required by the Executive Committee :for the proper 

administration o:f the Code. 

SE . 6. The Trea urer o:f the ouncil shall under the direction of 

the Executive Committee and in accordance with the By-Laws o:f the 

Council, collect, have cu tody o:f, and have charge of the di po ition o:f all :funds collected under the Cod · he shall keep proper book 

o:f account o:f the collection and distribution o:f uch :fund · and he 

shall perform such other duties as may be pro ided in the By-Laws 

o:f the Council. 

SEc. 7. In accordance with the By-Law of the Council the Executive Committee shall appoint, remove and fix the compen ation of 

such employees as said Committee shall deem nece ary :for the 

admini tration o:f the Code, and provid uch office :facilitie a may 

be nee ary. 

E . . Th exp n es of admini terin the Code hall b paid by 

he Memb r o:f the Textbook Publi hing Indu try and :funds for 

d fra ino- u h xr n e hall be pa_ able to the Trea urer a :follow : 

(a) Each 1 mb r o:f th Indu try hall pay annuall 100.00; and 

(b) in additi n the Ex utiv n1mitt ma 1 ao-ain t each 

Memb r of th Indu ry uch pr por i nate a es n1 nts as may be 

necessary. 
3 

SEc. 9. The Executive mmittee hall have th power and dutie 

a pro ided h rein and hall al o 

(a) from tim to time r quire uch r r ort from he ).,!emb r of 

the Textbook Publi hino- In lu try a ma be ne e. ary to inform th 

aid Committe adequat ly of the admini tration an l nforcement of 

thi Code and to ati fy all the r equirement of the ational Reco ery 

clmini tration ~ 

(L) upon comr laint of intere ted I artie , or upon it own initiative make ... uch inquiry an l in-ve tio-ation into the operation of the 

Code a may be nece ary and take uch action a may be required 

by or permitt d under the T ational Indu trial Re ·overy Act· 

( c) make rule and r egula '-ion nee a ry f r th aclmini tra tion 

and enforcement of the Code· 

( d) ubmit to the Council for adop ion nch upplementary provision amendments or rev-i ion to the Code or additional ode a 

may be found de irable and when adopted, hall pre ent the ame 

for the approval and ratification of the ational Reco-very Admini -

ration· and 

( e) appoint fr m time to time uch other or ·ubcommittee a 

ma:5 be nece ·ary to carr. out the pro,i ion of the ode. iiember 

of the committee o appointed may be from the Council, the Executi,e Comrni ttee, or from both. 

SEc. 10. The ExecutiYe on1mittee with uch additional member as may be recommended r appointed by the ational Recovery 

Adn1ini tration, hall con titute a general plannin and coordinating Board for the Inclu try. 

ARTICLE V-H01JR OF LABOR, RATE OF PAY, AKD O~DITION OF 

E1'I PLOYl\fEN T 

SEcTio 1. Pur uant to ection 7 (a) of the ational Indu .. trial 

Recovery ct the Code hall be ubj ect to the followino· (f()ndition : 

(a) Employee hall have the right to organize and bargain collectively through r epre entatives of their own choo ing and hall be 

free from the interference, restraint, or coercion of employer of 

labor or their agents in the de ignation of uch repre entative or in 

self-organization or in other concerted activitie for the purpo e of 

collective bargaining or other mutual aid or protection. 

(b) No employee and no ne seeking emplo ment hall be required 

a a condition of employment to join any company union or to refrain from joining organizing, or a sisting a labor organization of 

his own choo ing. 

(c) Employer hall comply with the maximum hours of labor, 

minimum rate of pay and other conditions of employment, approved by the Pre ident of the nited States. 

SEc. 2. No individual hall be employed in the Textbook Publi hing Indu try in exce s of forty hour in an} one week except during 

the period in which sea onal or peak demand· places an unu ual or 

temporary burden_ upon production, di tribution tock taking or 

bookkeeping provided howe,er, that while an employee may be permitted to work in exc of forty hour in any one week in order to 

take car of a peak demand upon the bu ine a de cribecl above 

the number of uch exce hour worked hall be o re tricted that 

the average number of hour worked per week b the given employee 

shall not exceed forty within any six months' period. 
4 

SEc. 3. Except a hereinafter provided, within ten days after the 

effective date of this Code, the minimum wagB that hall be paid in 

the Textbook Publishing Industry to any employee hall not be le s 

than $15.00 per week in any city of over 500,000 population. or in the 

immediate trade area of such city; nor less than 14.50 per week · in 

any city of between 250,000 and 500,000 population or in the immediate trade area of such city; nor less than $14.00 per week in any 

city of between 2,500 and 250,000 population or in the iinmediate 

trade area of such city; and in towns of less than 2,500 population 

all waaes shall be increased by not less than twenty percent provided 

that uch increa e shall not require wages in excess of $12.00 per 

we~k. Office boys or girls, learners, and casual employees may be 

paid not le s than eighty percent of minimum wages as herein provided, but the total amount paid to such office boys or girls, learners, 

and casual employees shall not exceed in any calendar month five 

percent of the total amount paid by an employer to all his employees. 

SEc. 4. The provisions for a minimum wage in thi Code hall 

establish a guaranteed minimum rate of weekly pay regardless of 

whether the employee is compen ated on the ba is of a time rate or 

on a piecework performance. If the provisions herein for maximum 

hours worked per week shall entail a reduction in the number of 

hours worked per week heretofore no reduction in the present compensation of employees now receiving in excess of the minimum 

wage herein provided shall thereby result. 

SEc. 5. No Member of the Textbook Publishing Industry shall 

employ any person under ixteen. years of age. 

ARTICLE VI-INDUSTRY REGULATIONS 

SECTION 1. Members of the Textbook Publi hing Industry, as 

requested by the Executive Committee, hall furni h the aid Committee such information as may be nece sary for the administration 

of the Code and for the enforcement of the rules and regulations 

thereof. 

SEC. 2. Within ten days after the effective date of this Code, each 

member of the Textbook Publishing Indu try shall file \\11th the 

Executive Committee the title, list price and maximum liscount 

f .o.b. publisher of each regular publication or ac e ory offered for 

sale or adoption in the United State and its po e ion intended 

for elementary and secondary chool use, and thereafter the title, 

list price, and maximum discount f.o.b. publi her of each additional 

publication or acce ory not previou ly filed hall be imiJarly fil d. 

The publication of a so-call cl r ecial edition of a reo-ular t_ rtbook repre entino· immaterial manufacturii:io- cha~o·e or . ho-ht 

chanaes in content for the purpo e of effecting a _h proport_1ona~e 

r duction in pri e hall b con idered unfair pr~ ~i e. otlnng_ 111 

thi ection how ver hall be constru cl to pr h1b1t the adaptation 

of a regular edition of a t xtb k to the -rade or lll' of tu l.. 

r quirem nt of an tat , ity or di tri t hool y t m, r to_ th r 

r a onable r quirem nt of adopting board . If th a laptc tion of 

a r o-ular dition cau e any hanae in I ri u h pric hall be dnly 

fil cl with the E - ·utiv mmitt e. hano·e in I ri f b ok. o 

li t l hall b fil 1 with th Ex cutiv omn1itt 10 lay b f re 

u h bo l . hall b ld or off r d for sale or a lo1 tion at u h 

revi ed price. 
Price offered in sealed competitive bids for adoption shall be 

filed with the Executiv ommittee within ten days after the bid 

nre op ned and ample of book o offered hall be ubmitted to the 

Committe . All price file l with the Executive omn1itt e hall be 

included in official current price li t and cataloo- a i ued from 

iim t time by member of the Indu try. 

E . 3. It hall be unfair competition for an 11 m.b r of h Textbook Publi hin Indu try to ell offer r contract for ale or adoption directly or indir ctl by an mean 1'hat oe r, any product 

of the Textbook Publi hino- Indu try at a lower price r at a reater 

di count than li ted and/ or filed by it publi her 1'ith the Ex cuti e 

Committee or on more favorable term than provided in the Code. 

EC. 4. On and after January 1 1934 an exchange allowance may 

be made as follow : When an old di placed complete ba al elementary and/ or hio-h- chool textbook of the ame ubject and grade 

i received in exchange for a new and different textbook in roduced 

in its stead, an additional di count of not in exce of fi e percent 

of the li t price of the new book purcha ed may be allowed. ew 

and alable books of the same subject and grade may be accepted 

dollar s worth for dollar's worth but the credit for any one book 

shall not be in exce s of the net charge for the new book. The number in the ao-gregate of the new and old books accepted for exchan e 

shall not exceed the number of new books purcha ed. All book 

ubject to exchange must be delivered to the 1ember of the Textbook Publishing Industry making the exchange before any credit 

shall be allowed. 

EC. 5. Inasmuch as the sending of sample textbooks for examink 

tion is a recognized part of the promotional 1'ork of the Tey+1 

"

0 t 

Publi _hing Industry, it is agreed that uch ample hr 11 ...ie en 

complimentary only to school boards school official. .~-cacher and 

other persons charged with the respon ibility of ---L?pting textbook 

or recommending the same for adoption. J)l..,1{ cop~es et_ of books 

for trial cla use or demon tration P.w J!Oses for liabrane . or for 

exhibits shall be charged at regula-r p~I?es. SEc. 6. It hall be unfair cvmpebt10n to pay or off er to pay 

directly or indirectly p.xocpt t~ regularly employed ,sale men ~ny 

compen ation, or g-ive any gratu1t to any per on _att_orney or ohc1-

tor either by any Member of the ~extbook Pubh_ h1ng Indu tr . or 

by any of his ao-ents or repre entatives, for securing or attempting 

to ecure sales or contracts of adoption. 

SEc. 7. It shall be unfair competition for: any Memb~r of the ~e~tbook Publishing Indu tr after the open1no- of public competitive 

bids to revise his bid either directly or indirectly and after an 

adoption has been regularly made to interfere with the execution of 

a legal contract based upon such adoption. 

SEC. 8. It shall be unfair competition for any Member of the Textbook Publishing Industry his agent or representatives to make ~r 

disseminate false reports or statements in any form about competitors, their products, or methods. 

SEC. 9. It shall be unfair competition to increase the price of an 

textbook or series sold after the effective date of the Code b more 

than may be made necessary by actual increases in production. re-
6 1111111111~1lli~1flij1~1'i f111!1l11~1\im1i~1l1111111111 

3 1262 08584 7 4 72 

placement, or invoice costs of material representing other steps in 

the economic process of publishing such book or serie ; provided further, that all contracts, whether state, county or municpality, entered 

into prior to such effective date of the-Code provisions otherwise 

notwithstanding, will be subject to the aforesaid increase, and all 

contracts hereafter entered into while the Code is in force hall include a statement to this effect. 

ARTICLE VII-GENERAL 

SECTION 1. No provision in this Code shall be interpreted or applied in such manner as to : 

(a) Promote monopolies. 

(b) Permit or encourage unfair competition. 

( c) Eliminate or oppress small enterprise. 

(cl) Discriminate against small enterprise. 

SEc. 2. This Code and all its provision shall remain in effect until 

the expiration date of Title I of the National In lustrial Recovery 

Act subject to the right of the President in accordance with Section 

10 (b) of Title I of the Act, fro1n time to time to cancel or modify 

any order, approval, license, rule, or regulation issued under Title I 

of the Act, and, therefore, subject to the right of the President of 

the United States to cancel or modify his approval of thi ode or 

any conditions imposed by him upon his approval thereof. 

SEc. 3. Amendment to this Code may be offered in writing by any 

l\1ember of the Textbook: Publishers' Council. Any such amendment 

' 3⁄4_all be presented first to the Executive Committee which may submi., .. ge same to the Council. When a lopted by a majority of the 

~emC ed. "'t the Council such amen lment shall become a part of 

e O e wri , a_pproved by the President of the United States. · 

1 SEC. 4· I~ any '\\if ember of the Textbook Publishing Indu try is 

ai so a publisher or pi. nlucer of any product subject to the regulat ons of_ any other code wh1u_, .has been accepted by the President of 

the United States, the prov1s1~c;; of this Code and amendments 

thereto_ s~all a ppl:y to and shall aff et't. qnly that part of his pusiness 

wluch 1s inc~uded 1n the Textbook Pubhs11i.11.g Industry and it pro 1-

ucts as herein defined. 

~EC. 5. Such of_ the provisions of this Code as an, not required to 

be included therein_ by the National ~ndu trial ;Recovery Act may. 

upon recommendat10n of the Executive Committee and with the 

approval of the ~res~dent of the United States, be m~dified or liminated as ch_an~es 1n circumstances or ~xperiences may indicate. Th y 

sha!l remain ~n effect unless and until so modified or eliminated or 

until the exp1rat10n of the Act. ' 

EC. 6. If any provision of this Code is declared invalid or unenf~>rce3:ble, the remaining provisions thereof shall neverthele s continue 1n full force and effect in the same manner as if they had b en 

separately presented and approved by the President of the United 

tat . 

E • 7. This ode shall be in effect within ten days followino- its 

approval by the Presi lent of the United State . 0 

0