Approved Code No. 304 Registry No. 1702-23 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF F.A.IR COMPETITION 

FOR THE 

OUTDOOR ADVERTISING 

TRADE 

AS APPROVED ON FEBRUARY 24, 1934 

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UNITED STATES 

GOVERNMENT PRINTING OFF1CE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 centa 

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This publication is for sale by the Superintendent of Documents, Government 

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Approved Code No. 304 

CODE OF FAIR COMPETITION 

FOR THE 

OUTDOOR ADVERTISING TRADE 

As Approved on February 24, 1934 

ORDER 

CoDE OF F .A IR Col\IPETITION FOR THE OuTDooR ADVERTISING TR.A DE 

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 Outdoor Advertising Trade, and hearings 

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

containing findings with respect thereto, having been made anct 

directed to the President: 

NO,V, 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 ExecutiYe Orders of the President, including Executive Order No. 6543-A, dated December 30, 

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

report and do find 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 F air 

Competition be and it is hereby approved; provided, however, that 

the provisions of Article VIII, Section 2, insofar as they prescribe 

a waiting period between the filing with the Code Authority (i.e. 

actual receipt by 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. 

ApproYal recommended: 

A. D. WHITESIDE, 

HUGHS. JOHNSON, 

Ad'm,inistrator fo r I ndustrial R eC'overy. 

Division Adniinistrator. 

,:r ASHINGTON, D.C., 

February 24, 1934. 

42208°-376-128-34 (273) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

INTRODUCTION 

Srn: This is the report of the Administrator on the application 

for, and public hearing on, a Code of Fair Competition for the 

Outdoor Advertising Trade, as proposed by a group representative 

of that trade. The public hearing was conducted in Washington 

on December 8, 1933. Every person who requested an appearance 

was freely heard in accordance with statutory and regulatory 

requirements. 

There are estimated to be 1300 firms in this trade. The group 

proposing the Code endeavored to get in touch with all known 

members and it is certain that better than 80% of the business 

was directly represented. 

ECONOMIC .AND STATISTICAL MA.TERI.AL 

Outdoor Advertising breaks down into 17,500 units or "plants", 

each comprised of a group of bill-boards within a given area, which 

in 1928 produced a business of $65,000,000 and gave employment to 

16,000 persons. In 1933, the volume of business had dwindled to 

$25,000,000 and employment stood at 10,000, declines of about 60% 

and 40% respectively. Being strictly a service business, Outdoor 

Advertising is dependent upon general conditions and has little 

recreative power within itself. 

RESUME OF CODE PROVISIONS 

The Code establishes a 40 hour week for all employees except 

those engaged in outside work in communities of less than 25,000 

population where allowance is made for additional time occasioned 

by the distances between locations. It is estimated that over 85 % 

of all employees will be on a 40 hour week and that employment in 

the trade will increase by 15% on the basis of the same volume of 

business as was available in 1933. 

In ofar as rates of pay are concerned, differentiation is made between workers inside and outside the employer's shop, with special 

consideration to both the size of the community and the South. A 

majority of workers will be on a 40 cent minimum rate. The lowest 

rate possible will be 30 cents for outside workers in small communities in the South. These provisions will result in payroll increases 

a-veraging better than 10%. The minimums apply to a very lin1ited 

number of employees (not over 15%) as practically all employees 

fall in skilled classifications or trades where wages are at relatively 

high level , and are adequately protected by the terms of the Code. 

(274) 
275 

The unfair trade practice provi ions are elaborate in order to preserye all of the cornpetitiYe elements. As in the case 0£ other advertising media, such as magazines, it is important that rates be determined in advance. This is especially important in Outdoor Advertising becau e an advertiser often wi ·hes a national display which 

necessarily involves "plants " mYnecl by a multitude of individual 

concerns, some of which may be in direct competition. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoiding undue restriction of producton ( except as may be temporarily 

required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than 50,000 employees; 

and is not classified by me as a major industry. 

( c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and th31t the applicant group 

is truly representative of the aforesaid Trade; and that said group 

imposes no inequitable restrictions on admission to membership 

therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

not been deprived of the right to be heard prior to approval of said 

Code. 

For these reasons, the Code has been approved. 

FEBRUARY 24, 1934. 

HUGH s. JOHNSON, 

Adm,inist1·a.tor. 
CODE OF FAIR COMPETITION FOR THE OUTDOOR 

ADVERTISING TRADE 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Outdoor Advertising Trade, and shall be 

the standard of fair competition for such Trade and shall be binding 

upon every mem.ber thereof. 

ARTICLE II-DEFINITIONS 

The term "Outdoor Advertising Trade" as used herein includes 

the service for others of selling and/ or erecting and/ or placing 

and/or maintaining outdoor advertising displays on premises owned, 

leased or controlled by a member, and such related branches or subdi visions as may from time to time be included under the provisions 

of this Code. 

The term " employee " as used herein includes anyone engaged in 

the Trade in any capacity receiving compensation for his services, 

irrespective of the nature or method of payment of such compensation, except a member of the Trade. 

The term "employer" as used herein includes anyone by whom 

any such employee is compensated or employed. 

The term" member of the Trade" includes anyone engaged in the 

Trade as above defined, either as an employer or on his own behalf. 

The term "trade area" as used herein means any area designated 

a a trade area by the Code Authority in accordance with the provisions of this Code. 

The term "President", "Act", "Administrator", and "Code 

Authority", as used herein shall mean respectively the President of 

the United States, Title I of the National Industrial Recovery Act, 

the Administrator for Industrial Recovery, and the agency herein 

created to administer this Code for the Trade. 

Population for the purposes of this Code shall be determined by 

the latest Federal Census. 

ARTICLE III-HoURs 

1. No employee engaged outside of the shop of the employer but 

within the corporate limits of the city in which the shop is located 

shall be permitted to work more than forty ( 40) hours in any one 

week except as provided in the fallowing two subsections : 

(1) No employee engaged outside of the shop of an employer 

located in a city or town of 25,000 population or less but greater 

than 2,500 population shall be permitted to work in excess of fortyfour ( 44) hours in any one week. 

(276) 
277 

(2) No employee engaged outside of the shop of an employer 

located in rural communities of 2,500 or less shall be permitted to 

work in excess of forty-eight ( 48) hours in any one W\:Jek. 

2. No watchman shall be permitted to work in excess of fifty-six 

(56) hours per week averaged over any consecutive two (2) week 

period. 

3. No other employee, except as set forth in Sections 1 and 2 of 

this Article, outside salesman, outside leaseman, traveling auditors 

and employees engaBed in a managerial or executive capacity receiving Thirty-five ~$35.00) Dollars a week or more, shall be permitted to work in excess of forty ( 40) hours in any one week or 

eight (8) hours in any twenty-four (24) hours period. 

4. The maximum. hours fixed in the foregoing sections shall not 

apply to any employee on emergency maintenance or emergency 

repair work involving breakdowns or protection of life or property, 

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

for hours worked in excess of the maximum hours herein provided. 

5. No employee shall be permitted to work more than six (6) 

days in any seven (7) day period. 

ARTICLE rv-,v AoEs 

1. No employee in the Trade shall be paid less than Fifteen 

( $15.00) Dollars per week in cities of 500,000 population or m.ore 

and in the trade areas of such cities; Fourteen Dollars and Fifty 

Cents ($14.50) per week in cities between 250,000 and 500,000 population and in the trade areas of such cities; Fourteen ($14.00) Dollars per week in cities between 50,000 and 250,000 population and in 

the trade areas of such cities; Thirteen ($13.00) Dollars per week 

in cities or places of less than 50,000 population and in the trade 

areas of such cities or places, except-

(a) Employees engaged outside of the shop of the employer, shall 

be paid not less than 40¢ per hour in cities of 25,000 population or 

more, and not less than 35¢ per hour in cities or places of less than 

25,000 population, provided, however, that in the States of Virginia, 

North Carolina, South Carolina, Florida, Georgia, Mississippi, Tennessee, Texas, Alabama, Arkansas, West Virginia, Oklahoma, New 

1fexico, l(entucky, and Louisiana, the mini;num rate shall be 5¢ 

le s per hour, than the hourly rates herein established. 

(b) Apprentices shall be paid not less than 80% of the minimum 

rate, provided, however, that no employee shall be classed as an apprentice who has worked for any employer in the Trade a total of 

25 weeks or more and provided further, that the number of apprentices thus classified and paid below the minimum shall not exceed 5% of the total number of employees of any employer, except 

that one apprentice may be employed by any employer. 

2. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time-rate, piecework, or 

other basis. 

3. No employee whose full time weekly hours for the four weeks 

ended June 17 1933, are reduced by the provisions of this Code by 

20% or less shall have his or her full time -n-eekly earnings reduced. 

No employee who ·e full time weekly hours are reduced by the pro-
278 

visions o:f this Code in excess of 20% shall have his or her said earnings reduced by more than 50% of the amount calculated by multiplying the reduction in hours in excess of 20% by the hourly rate. 

4. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as male employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under 16 years of age shall be employed in the 

Trade, or anyone under 18 years of age at operations or occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator within 90 days after the 

effective date, a list of such operations or occupations. In any State, 

an employer shall be deemed to have complied ·with this provision 

if he shall have on file a certificate or permit duly issued by the 

authority in such State empowered to issue employment or age 

certificates or permits, showing that the employee is of the required 

age. 

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. 

3. No employee and no one seeking employment sha.11 be required 

as a condition o.f employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing, and 

4. Employers shall comply with the maximum hours of labor 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

5. Within each State this Code shall not super,sede any laws of 

such State imposing more stringent requirements on employer regulating the age of employees, wages, hours of work or health, fire, or 

general working conditions than under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees or engage in any other ,subterfuge so 

as to defeat the purpos~s of the Act or of this Code. 

7. Each employer shall post in conspicuous places accessible to 

employees copies of Articles III, IV, and V of this Code and any 

amendments thereto. ~ 

8. No employees shall be dismissed by reason of making an honest 

complaint or giving truthful evidence with respect to an alleged 

violation of this Code. 

ARTICLE VI-ADMINISTRATION 

To further effectuate the policies of the Act, a Code Authority is 

hereby constituted to administer this Code. 

ORGANIZATION AND POWERS OF CODE AUTHORITY 

1. The Code Authority shall consist of nine individuals, or such 

other number as may be approved from time to time by the Admin-
279 

istrator, to be selected as hereinafter set forth, and of such additional 

members without vote as the Administrator, in his discretion, may 

appoint to represent such groups or Governmental agencies as he 

may designate. The Trade representatives on the Code Authority 

shall consist of nine members of the Trade, provided that not more 

than six of the nine members shall be 1nembers of the Outdoor 

Advertising Association of America, Inc. 

(a) Each member of the Code Authority may appoint an alternate to represent him in his absence and such alternate shall have 

full power to vote. No alternate shall, however, be affiliated with 

any member of the Trade already r epresented on the Code Authority. 

2. The Code committee of the Outdoor Advertising Trade shall 

arrange, subject to the approval of the Administrator, for the nomination and election of the members of the Code Authority within 

ninety (90) days from the effective date of this Code. Each member 

of the Trade qualifying as provided in Section 15 of this Article 

may cast one vote for each of the nine members of the Code Authority. Members of the Code Authority shall be elected to serve for 

one (1) year or until their successors are elected. Until the Code 

Authority is elected the Code Committee shall serve as the Code 

Authority; provided that in no event shall it serve beyond ninety 

days from the effective date of the Code. If the Code Authority 

shall not be elected within such period, the Administrator shall 

appoint a temporary Code Authority of nine members of the Trade 

to serve until the election of the Code Authority by the Trade. 

3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority, shall 

(1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its Articles of Association, 

By-Laws, regulations and any amendments when made thereto, together with such other information as to membership, organization 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

4. In order that the Code Authority shall at all times be truly 

representative of the Trade and in other respects comply with the 

provisions of the Act, the Administrator may provide such hearings 

as he may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

5. Nothing contained in this Code shall constitute the members 

of the Code Authority partners for any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone 

for any act of any other member, officer, agent, or employee of the 

Code Authority. Nor shall any member of the Code Authority be 

liable to anyone for any action or omission to act under the Code 

except for his own willful misfeasance or non-feasance. 

6. The Code Authority shall adopt by-laws and rules and regulations for the procedure and for the administration and enforcement 

of the Code, in accordance with the powers herein granted, and u.bmit the same to the Administrator for his approval together with 

true copies of any amendments or additions when 111.ade thereto, 

minutes of meetings when held, and such information as to its activi-
t 

280 

ties as the Administrator may deem necessary to e:ff ectuate the purposes of the Act. 

7. The Code Authority may receive con1plaints of violations of thi 

Code, make investigations, reports and recommendations thereof to 

the Administrator. 

8. The Code Authority may utilize the facilities of and cooperate 

with any and all trade and labor associations or organizations, national, regional, or local, in the Outdoor Advertising Trade in such 

manner as it deems most useful to its work within the limitations of 

Article V, Sections 2, 3, and 4, and Article VI, Section 3 of this 

Code. 

9. The Code Authority may coordinate the administration of this 

Code with such other Codes, if any, as may be related to the Trade, 

or any subdivision thereof and may assist in promoting joint action 

upon matters of common interest by establishing a joint Advisory 

Board to which one or more of its members shall be delegated. 

10. The Code Authority may appoint and remove and fix the 

compensation of such en1ployees, accountants, attorneys and officers 

as it shall deen1 necessary or proper for the purpose of administering 

the Code. 

11. The Code Authority shall investigate the question of "overruns", or the permitting of an outdoor advertising display to remain 

a longer period of time than is actually provided by the advertisers 

contract. The Code Authority shall make recommendations within 

90 days after the effective date of this Code to the Administrator 

for the regulation of such practice based on such investigation and 

study. 

12. The Code Authority shall obtain from members of the Trade, 

as soon as the necessary readjustments within the Trade can be made, 

reports based on periods of one, two, or four weeks, or one month, 

or ·multiples thereof, for use of the Code Authority and the Administrator in the administration and enforcement of the Code, and for 

the information of the President, and to give assistance to members 

of the Trade in improving methods, or in prescribing a uniform 

system of accounting and reporting. 

13. The Code Authority shall define and determine the trade areas 

specified in Article IV without regard to City, County, State, or 

sectional lines. 

14. The Code Authority shall cause to be formulated an accounting system and methods of cost finding and/ or estimating capable of 

use by all members of the industry. After such system and methods 

have been formulated, full details concerning them shall be made 

available to all members. Thereafter all members shall determine 

and/ or estin1ate costs in accordance with the principles of such 

1nethods. 

15. Members of the Trade shall be entitled to participate in and 

share the benefits of the aGtivities of the Code Authority, to participate in the selection of the members thereof, and to use the N.R.A. 

Insignia, by a senting to and complying with the requirements of 

this Code and sustaining their reasonable share of the expense of 

preparation, presentation, and administration of this Code. The 

reasonable share of such expen e shall be determined by the Code 

Authority, subject to review by the Administrator, on the basis of 
281 

volume of business and/or such other factors as may be deemed 

equitable to be t aken into consideration. 

16. If the Administrator shall determine that any action o:f a 

Code Authority or any agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

of the merits of such action and further consideration by such Code 

Authority or agency pending final action which shall not be effective 

unless the Administrator approves or unless he shall fail to disa pp rove after thirty ( 30) days' notice to him of intention to proceed 

with such action in its original or modified form. 

17. In addition to information required· to be submitted to any 

Code Authority, all or any of the persons subject to such Code, 

agreement or license shall furnish such statistical information as 

the Administrator may deem necessary for the pur,poses recited in 

Section 3 (a) of said Act to such Federal and State agencies as the 

Administrator may designate; nor shall anything in any Code, agreement, or license relieve any person of any existing obligation to 

:furnish reports to Government agencies. 

ARTICLE VII-TRADE PRACTICES 

1. No member of the Trade shall publish advertising (whether 

printed, radio, display, or of any other nature) as to his own business 

which is misleading or inaccurate in any material particular, nor 

shall any member in any way misrepresent any credit terms, values, 

policies, services, or the nature or form of the business conducted. 

2. No member of the Trade shall knowingly withhold from or 

jnsert in any quotation or invoices any statement that makes it 

inaccurate in any material particular. 

3. No member of the Trade shall publish advertising as to his 

own business which refers inaccurately in any material particular 

to a~y competitors or their prices, values, credit terms, policies, or 

services. 

4. No member of the Trade shall sell any service at a price below 

cost. However, any member may meet the price competition of 

anyone whose costs under this Code provision are lower. 

5. No member of the Trade shall publish or circulate unjustified 

or unwarranted threats of legal proceedings which tend to or have 

the effect of harassing competitors or intimidating their customers. 

6. No member of the Trade shall secretly off er or make any 

payment or allowance of a rebate, refund, commission, credit, unearned discount, excess allowance, whether in the form of money or 

otherwise, nor shall a member of the Trade secretly off er or extend 

to any customer any special service or privilege not extended to all 

customers of the same class, for the purpose of influencing a sale. 

7. No member of the Trade shall give, permit to be given, or 

directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent or representative of another in relation to the business of the employer or such 

employee, the principal of such agent or the represented party, withotit the knowledge of such employer, principal or party. Commercial bribery provisions shall not be construed to prohibit free 

and general distribution 0£ articles corrunonly u ed for advertising 
282 

except o far as such articles are actually u ed for commercial bribery 

as hereinabove defined. 

8. No member of the Trade shall induce or attempt to induce the 

breach of an existing contract between a competitor and his customer 

or source of supply; nor shall any such member interfere with or 

obstruct the performance of such contractual duties or services. 

9. No 1nember of the Trade shall require that the purchase of any 

service or lease of any space be a prerequisite to the purchase or lease 

of any other service or space. 

10. No member of the Trade shall join or participate with other 

members of the Trade who with such member constitute a substantial number of members of the Trade or who together control a substantial per cent of the business in the Trade, in any transaction 

known in law as a black list, including any practice or device which 

accomplishes the purpose of a black list. 

ARTICLE VIII-OPEN PRICE AGREEMENT 

1. The Code Authority shall prepare and complete as soon as 

possible, subject to the approval of the Administrator, a basic classification of the services of the Trade together with a schedule of items 

or services for which additions to or deductions from the base prices 

may be made. This classification may be amended from time to time 

by the Code Authority. 

2. This classification of services shall be made available by the 

Code Authority to every member of the Trade as well as to purchasers of such services. "Vithin 30 days thereafter each member of 

the Trade shall file with the Code Authority, or otherwise as it may 

require, a list showing the base prices for all services, which list 

shall be available for the benefit of buyers as well as sellers. Any 

subsequent change in a price list shall be filed as provided herein to 

become effective not earlier than 30 days from the date of filing, 

except that the first prict list so filed shall become effective immediately.1 

3. No member of the Trade shall quote prices or terms, contract 

for the sale of or sell any service except upon such current prices 

and terms as he shall have established by filing with the Code 

Authority as hereinabove provided. Provided, however, that bona 

fide quotations made to advertisers or their representatives shall 

be firm if covered by contract placed with member of the Trade 

within 90 days from date of making such quotations subject to prior 

sale. 

ARTICLE IX-MODIFICATION 

~. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act 

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

to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 

1 See paragraph 2 of order approving this Code. 
283 

2. This Code, except as to provisions required by the Act may be 

modified on the ba is of experience or changes in circumstances, such 

modification to be based upon application to the Administrator and 

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

on a pproYal of the President. 

ARTICLE X-~10NOPOLIES 

r o provi ion of this Code shall be o applied as to permit monopolies or monopoli tic practices or to eliminate, oppress or discriminate 

against small enterprises. 

ARTICLE XI-PRICE IKCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made difficult of consummation if prices of services increase 

as rapidly as wages, it is recognized that price increa es should be 

delayed and that when made the ame should, so :far as reasonably 

pos ible, be limited to actual increa es in the seller's costs. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its approval by the President. 

Approved Code No. 304. 

Registry No. 1702-23. 

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