ApvroYed Code No. 557 Registry No. 1657-06 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BOWLING AND BILLIARD EQUIPMENT 

INDUSTRY AND TRADE 

AS APPROVED ON l'AARCH 30, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

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 the following N. R. A. offices: 

Atlanta, Ga.: 625 Citizens & Southern National Bank Building. 

Baltimore, Md. : 130 Customhouse. 

Birmingham, Ala.: 201 Liberty National Life Building. 

Boston, Mass. : Room 120{), 80 Federal Street. 

Buffalo, N. Y.: 219 White Building. 

Chicago, Ill.: Room 204, 40{) North Michigan Avenue. 

Cleveland, Ohio. : 520 Bulkley Building. 

Dallas, Tex.: 1212 Republic Bank Building. Detroit, Mich.: 415 New Federal Building. Hou ton, Tex. : 403 Milam Building. 

Jacksonville, Fla.: 425 United States Courthouse and Post Office 

Building. 

Los Ano·eles, Calif.: 751 Figueroa Street, South. 

Louisville, Ky. : 408 Federal Building. 

Minneapolis, Minn. : 900 Roanoke Building . . Nashville, Tenn.: 415 Cotton States Building. 

Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. 

New Orleans, La. : 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Okla.: 427 Commerce Exchange Building. 

Philadelphia, Pa. : 933 Commercial Tru t Building. 

Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg.: 407 Park Buildino·. Providence, R. I.: Nationa l Exchange Bank Building, 17 Exchange 

Street. 

St. Louis, Mo.: Suite 1220, 506 Olive Street. San Francisco, Calif.: Humbolt Bank Building, 785 l\Iarket Street. 

Seattle, Wash.: 1730 Exchange Building. 
Approved Code No. 557 

CODE OF FAIR COMPETITION 

FOR THE 

BOWLING AND BILLIARD EQUIPMENT INDUSTRY 

AND TRADE 

As Approved on March 30, 1935 

ORDER 

CoDE oF FAIR CoMPETITION FOR THE BoWLING AND BILLIARD EQUIPMENT INDUSTRY AND TRADE 

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 Bowling and Billiard Equipment Industry 

and Trade, and hearing 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: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate 

by reference said annexed report and does 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 does hereby 

order that said Code of Fair Competition be and it is hereby 

approved. 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By 1V. A. HARRIMAN, Ad1ninistrative Officer. 

Approval recommended: 

JoHN W. UPP, 

Acting Division Administrator. 

VVASHINGTON, D. c., 

March 30, 1935. 

125574°----1749-8----35 (73) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White Ho1JJSe. 

Sm: The Public Hearing on the Code of Fair Competition for the 

Bowling and Billiard Equipment Industry and Trade of the United 

States, submitted by the Bowling and Billiard Equipment Association, 111 West Washington Street, Chicago, Illinois, was conducted 

in Washington, D. C., on the 17th day of November, 1933, in accord- ance with the provisions of the National Industrial Recovery Act. 

The Association claims to represent 80 percent, by volume, of the 

Industry. 

The hours established under the Code are forty -eight ( 48) per 

week and eight (8) per day, provided that at least one and one-third 

times an employee's normal rate of pay is paid for all hours worked 

in excess of forty ( 40 ) per week. 

Exceptions are allowed for watclu11en, who may be employed 

fifty-six (56) hours per week; firemen and outside deliverymen, who 

may be employed forty-four (44) hours per week; employees engaged in installation, repair or erection work, who may be employed 

forty -eight ( 48) hours per week for a period not to exceed twelve 

weeks during any calendar year; executives and managers receiving 

not less than thirty-five dollars ($35.00) per week, and outside salesmen. 

Due to the shortening of hours the increase in employment will 

be approximately sixteen percent. 

The minimum wages e tablished under this Code are forty cents 

( 40¢) per hour. Office employees shall receive a minimum of fifteen 

dollars ($15.00) per week. "\Vages throughout the industry will be 

incr eased approximately 20.5 percent through the adoption of the 

Code. 

Exceptions to the minimum wage are allowed to employees engaged in wrapping, labeling, packing or off-bearing operations, who 

shall receive at least thirty-five cents (35¢) per hour. An exception 

is also allowed to office boys and office girls under twenty-one years 

of age who shall receive at least thirteen dollars ($13.00) per week 

and shall not exceed five percent of a member's office and clerical 

employees or one in number, whichever is the higher. Exceptions 

are also allowed to handicapped persons whose earning capacity is 

limited, provided the employer obtains a certificate authorizing uch 

employment from the State authority designated by the United 

States Department of Labor. 

The Deputy Admini b·ator in his final report to me on said Code 

having found as herein set forth and on the basis of all the pro e<Jings 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 

(74) 
75 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will,rovide for the general welfare by promoting the organization o industry for the purpose of cooperative action among 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 production (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 Industry and 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 that the applicant association is a trade association truly representative of the aforesaid 

Industry and Trade; and that said association 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 have 

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

Code. 

This Industry has cooperated in a most satisfactory manner with 

the Administration in the preparation of this Code. From the 

evidence adduced during this hearing and from recommendations 

and reports of the various Advisory Boards, it is believed that this 

Code in its present for represents an effective, practical, equitable 

solution for this Industry and for these reasons this Code has been 

approved. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN, 

MARCH 30, 1935. 

Administrative Officer. 
CODE OF FAIR COMPETITION FOR THE BOWLING AND 

BILLIARD EQUIPMENT INDUSTRY AND TRADE 

ARTICLE I-PURPOSES 

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

for the Bowling and Billiard Equipment Industry and Trade and its 

provisions shall be the standards of fair competition for such Industry and Trade and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Bowling and Billiard Equipment Industry 

and Trade" or "Industry" as used herein includes the manufacturing, building, repairing, installing, selling and/or distributing at 

wholesale andjor retail by the manufacturer, wholesaler, and/or 

retailer of the equipment, accessories and/ or supplies used in the 

games of bow ling and billiards as defined hereinafter and such 

branches or subdivisions thereof as may from time to time be included under the provisions of this Code. The term shall not include sub-retailers, as defined in Section 7 of this Article. 

SECTION 2. The term "Equipment" as used herein consists of a 

unit installation to the consumer of new bowling alley and/or billiard tables of any description, together with all necessary accessories 

or supplies purchased as a part of that sale, such as balls, bowling 

pins, billiard cues, racks, chalk, as used in bow ling and billiards. 

SEcTION 3. The tern1 "supplies" as used herein consists of such 

accessories as are mentioned in Section 2 of this Article, together 

with repair materials such as cloth, pockets and trimmings, and 

cushions, sold after the original installation to persons and/or institutions already possessing bow ling alleys and/ or billiard tables. 

SEcTION 4. The term "manufacturer" as used herein is a person 

who operates a factory, shop or fabricating establishment converting 

raw or semi-finished materials into finished or semi-finished bowling 

and/or billiard equipment supplies. 

SECTION 5. The term "wholesaler" as used herein is a person actively engaged in buying, assembling, or re-handling bowling and/or 

billiard equipment and supplies from manufacturers thereof or fr01n 

other wholesalers and retailers and who maintains risks and such 

other obligations as are incident to the transportation and distribution of bowling and/or billiard equipment and supplies at wholesale. 

SECTION 6. The term "retailer" as used herein is one who maintains a place of business with storage and handling facilities, a sales 

organization for the consumer trade and who carries a stock adapted 

to the normal needs of the consumer in his sales territory. 

SECTION 7. The term "sub-retailer" as used herein is any person 

not engaged as a bowling alley owner or operator, or billiard-room 

(76) 
77 

keeper, nor an employee of either but one who purchas~s bowling 

and/or billiard supplies for resale, but who does not prov1de the facilities of a retailer or carry a stock of merchandise and therefore 

does l).Ot qualify as a " retailer " within the definition of Section 6 

of this Article 

SECTION 8. The term "member of the industry" or "member" includes anyone engaged in the industry as above defined, either as 

an employer or on his own or its own behalf. 

SECTION 9. The term "employee" as used herein, includes anyone 

engaged in the industry in any capacity receiving compensation for 

his services irrespective of the nature or method of payment for such 

compensation, except a member of the Industry. 

SECTION 10. The term " employer " as used herein, includes anyone 

by whom any such employee is compensated or employed. 

SECTION 11. The terms "President", "Act" and "Board" as used 

herein, shall mean respectively the President of the United States, 

the National Industrial Recovery Act, and the National Industrial 

Recovery Board. 

ARTICLE III-HoURs 

SECTION 1. No employee, except as hereinafter provided, shall be 

permitted to work in excess of forty ( 40) hours in any one week 

unless such employee is paid at least one and one-third times his 

normal rate of pay for all hours worked in excess of forty (40) per 

week, but in no event shall any such employee be permitted to work 

in excess of forty -eight ( 48) hours in any one week, nor more than 

eight (8) hours in any one day, nor more than six (6) days in any 

seven-day period. 

SECTION 2. No employee engaged in office or clerical work shall be 

permitted to work in excess of forty ( 40) hours in any one week, nor 

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

SECTION 3. No watchman shall be permitted to work in excess of 

fifty-six (56) hours in any one week, nor more than six days in any 

seven day period. 

SEcTION 4. No fireman nor outside delivery man shall be permitted 

to work in excess of forty-four ( 44) hours in any one week. · 

SECTION 5. No employee engaged in installation, repair or erection 

work shall be permitted to work in excess of forty ( 40) hours in any 

one week, except that for twelve (12) weeks during any calendar 

year these employees may be permitted to work not to exceed fortyeight ( 48) hours in any one week. 

SECTION 6. The provisions of this Article shall not apply to employees engaged in an executive or managerial capacity who receive 

not less than thirty-five dollars ($35.00) per week, nor to outside 

salesmen. 

SECTION 7. The maximum hours fixed by the foregoing sections 

shall not apply to any employee on emergency maintenance or emergency repair work involving breakdowns or protection of life or 

p~operty, but in any such special case, at least one and one-half 

times his normal rate of compensation shall be paid for all hours 

worked in excess of forty ( 40) hours per week. 

SECTION 8. No employer shall knowingly permit any employee to 

work for any time which, when added to the time spent at work for 
78 

another employer or employers in this industry, exceeds the maximum ·permitted herein. 

SECTION 9. Employers who personally perform manual labor or are 

engaged in mechanical operations shall not work in excess of the 

prescribed maximum number of hours. 

ARTICLE IV-WAGES 

SECTION 1. No employees, except as hereinafter provided, shall be 

paid less than at the rate of forty ( 40) cents per hour. 

SECTION 2. No employee engaged in wrapping, labeling, packing, 

or off-bearing operations shall be paid less than at the rate of thirtyfive (35) cents per hour. 

SECTION 3. No clerical or office employee, except office boys and 

office girls under 21 years of age, shall be paid at a rate less than 

fifteen dollars ( $15.00) per week. No office boy or office girl under 21 

years of age shall be paid less than at the rate of thirteen dollars 

($13.00) per week and the total number of such employees receiving 

less than $15.00 per week ma.y not be more than one in number or 

five percent ( 5%) of the total number of such member's office and 

clerical employees, whichever is higher. 

SECTION 4. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on time rate, piecework performance or other basis. 

SECTION 5. No hourly, daily or full-time weekly compensation for 

employees shall be less than such compensation existing as of June 

16, 1933, and no employee shall be paid a wage rate which will yield 

a less wage for the shorter full-time week herein established than he 

could have earned for same class of work for the longer full-time 

week exi ting as of June 16, 1933. Wage increases established under 

the President's Reemployment Agreement shall at least be nlaintained. In no event shall hourly rates of pay be reduced, irrespectiYe of whether compensation is actually paid on an hourly, weekly 

or other basis, nor shall any wages be at less than the minimum rates 

provided herein. vVithin thirty days after the effective date of this 

Code each member of the industry shall submit to the Code Authority a detailed report concerning such adjustment and the Code 

Authority shall report same to the National Industrial Recovery 

Board. 

SECTION 6. Female employees performing substantially the same 

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

employees. 

SECTION 7. A person whose earning capacity is limited because 

of age, physical or mental handicap, or other infirmity, may be 

employed on light work at a wa<Ye below the minimum established 

by this Code, if the empl0yer obtains from the state authority, designated by the United Si"' l:es Department of Labor, a certificate authorizing such person's employment at such wages and for such hours 

as shall be stated in the certificate. Such authority shall be guided 

by the instructions of the United States Department of Labor ·in 

issuing certificates to such persons. 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 all 

such employees. 
79 

SECTION 8. Wages shall be paid only in cash or by negotiable 

checks, payable on demand. 

ARTrrLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years· of age shall be 

employed in this industry. No person under eighteen (18) years 

of age shall be employed at operations or occupations which are 

hazardous in nature or detrimental to health. 

The Code Authority shall submit to the Board within sixty ( 60) 

days after the effective date of this Code a list of such operations 

or occupations. In any state an employer shall be deemed to have 

complied with these provisions ;:ts to age 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. 

SEcTION 2. Employees shall have the rio-ht 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. 

SECTION 3. No employee and no one seeking employment shall be 

required as a condition of employment to join any company union 

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

SECTION 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. 

SECTION 5. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge so as to 

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

SECTION 6. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. Standards for safety and health shall be submitted by the 

Code Authority to the Board within three months after the effective 

date of the Code. 

SECTION 7. No provision in this Code shall supersede any State 

or Fed~rallaw which imposes on employers more stringent requirements as to age of employees, wages, hours of work, or as to safety, 

health, sanitary or general working conditions, or insurance, or fire 

protection, than are imposed by this Code. 

SECTION 8. All employers shall post and keep posted copies of this 

Code in conspicuous places accessible to all employees. Every member of the industry shall comply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which 

may from time to time be prescribed by the Board. 

SECTION 9. No employer shall dismiss or demote any employee for 

making a complaint or giving evidence with respect to an alleged 

violation of the provisions of any Code. 
80 

~ TICLE VI-ORGANIZATION, PowERS AND DuTIES oF THE ConE 

AuTHORITY 

ORGANIZATION AND CONSTITUTION 

SECTION 1. A Code Authority is hereby established to cooperate 

with the Board in the Administration of this Code and shall consist of five ( 5) members, or such other number as may be approved 

from time to time by the Board, to be chosen by the Industry 

through a fair method of selection, under a plan approved by the 

Board. The Board in its discretion may appoint not more than 

three (3) additional members without vote, to serve for such period 

of time and to represent the Board or such group or groups as it 

may designate. Each industry member of the Code Authority shall 

be from a different member of the Industry. Industry members of 

the Code Authority shall serve for one year, or until their successors are elected. 

SECTION 2. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall impose no inequitable restrictions on membership, and 

shall submit to the Board 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 Board may deem necessary to effectuate the 

purposes of the Act. 

SECTION 3. In order that the Code Authority shall at all times be 

truly representative of the industry and in other respects comply 

with the provisions of the Act, the Board may prescribe such hearings 

as it may deem proper; and thereafter if it 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 of the Code Authority. , 

SEcTION 4. 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, exercising reasonable diligence in the conduct of his duties hereunder, be 

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

except for his own willful mal-feasance or non-feasance. 

SEcTION 5. If the Board shall determine that any action of a Code 

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

to the public interest, the Board 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 

Board approves or unless it shall fail to disapprove after thirty (30) 

days' notice to it of intention to proceed with such action in its 

original or modified form. 
81 

POWERS AND DUTIES 

SECTION 6. Subject to such rules and regulations as may be issued 

by the Board, the Code Authority shall have the following powers 

and duties, in addition to those authorized by other provisions of this 

Code. 

(a) To administer the provisions of this Code, to provide for compliance of the Industry with the provisions of the Act and of this 

Code, and to propose and submit to the Board on behalf of the Industry, modifications, amendments and/or exceptions to this Code, which 

shall become a part hereof upon approval by the Board after such 

notice and hearing as it shall specify. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the industry such information 

and reports as are required for the administration of the Code, which 

information and reports shall be collected by a confidential and disinterested agency of the Code Authority. In addition to information required to be submitted to the Code Authority, members of the 

industry subject to this Code shall furnish such statistical information as the Board may deem necessary for the purposes recited in 

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

designate ; provided that nothing in this Code shall relieve any mem- ber of the industry of any existing obligations to furnish reports to 

any Government agency. No individual report shall be disclosed to 

any other member of the industry or any other party except to such 

other Governmental agencies as may be directed by the Board. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(e) To make recommendations to the Board for the coordination 

of the administration of this Code with such other codes, if any, as 

may be related to or affect members of the industry. 

(f) 1. It being found necessary in order to support the administration of this code and to maintain the standards of fa~r competition 

established hereunder and to effectuate the policy of the Act, the 

Code Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

oi funds which may be raised 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 heard as it may deem necessary ( 1) an 

itemized budget of its estimated expenses for the foregoing purposes, 

and (2) an equitable basis upon which the funds necessary to support 

such budget shall be contributed by members of the industry; 

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

as above set forth by all members of the industry, and to that end, 

if necessary, to institute legal proceedings therefor in its own nam.e. 
82 

2. Each 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 subject to rules 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 hereinabove provided, unless duly 

exempted from making such contributions .shall 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 use 

of any emblem or insignia of the National Recovery Administration. 

3. 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 upon approval of the Board; 

and no subsequent budget shall contain any deficiency ite1n for 

expenditures in excess of prior budget estimates except those which 

the Board shall have so approved. 

(g) To recommend to the Board any action or measures deemed 

advisable, including further fair trade practice provisions to govern 

members of the industry in their relations with each other or with 

other industries; measures for industrial planning, and stabilization of employment; and including modifications of this Code which 

shall become effective as part hereof upon approval by the Board 

after such notice and hearing as it may specify. 

(h) To appoint a Trade Practice Committee which shal.l meet 

with the Trade Practice Committees appointed under such other 

codes as may be related to the industry for the purposes of formulating fair trade practices to govern the relationships between employers 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. 

(i) To provide appropriate facilities for arbitration and, subject 

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

rules to effect compliance with awards and determinations. 

ARTICLE VII-UNFAIR TRADE PRACTICES 

The following practices enumerated in this Article VII shall 

constitute unfair methods of competition for all members of the 

industry and are prohibited. In addition thereto the provisions 

listed in Schedule A, attached hereto and made a part of this Code, 

shall apply in addition to the provisions of this Article VII, respectively, to the following Division of the Industry: 

Schedule A shall apply to Retail members only. 

SECTION 1. No member of the Industry shall falsely mark or brand 

any product of the Industry in any manner which has the tendency 

to mislead or deceive customers or prospective customers, whether 

as to grade, quality, quantity, substance, character, nature, origin, 

si~e, finish or preparation of any product of the Industry, or otherWise. 

SECTION 2. No member of the Industry shall publish advertising 

(whether printed, radio, display or of any other nature) which is 

misleading or inaccurate in any material particular, nor shall any 

member in any way misrepresent any goods (including but without 
83 

limitation its use, trade mark, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material content or preparation) 

or credit terms, values, policies, services, or the nature or :form o:f 

the business conducted. 

SECTION 3. No member of the Industry 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 of 

such employee, the principal of such agent or the represented party, 

without the knowledge of such employer, principal or party. Commercial bribery provisions shall not be construed to prohibit free and 

general distribution of articles commonly used :for advertising except 

so far as such articles are actually used for commercial bribery as 

hereinabove defined. 

SECTION 4. No member of the Industry shall wilfully induce or 

attempt to induce the breach of an existing oral or written contract 

between a competitor and his customer or source of supply, or interfere wi~h or obstruct the performance of any such contractual duties 

or services. 

SECTION 5. No member of the Industry shall secretly offer or make 

any payment or allowance of a rebate, refund, commission, credit, 

unearned discount or excess allowance, whether in the form o:f 

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

SECTION 6. No member of the Industry shall defame competitors 

by :falsely imputing to them dishonorable conduct, inability to per-

:form contracts, questionable credit standing, or by other false representations or by the :false disparagement of the grade or quality of 

their goods. 

SECTION 7. No member of the Industry shall publi h or circulate 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of haras ing competitors or intimidating their 

customers. Failure to prosecute in due course shall be evidence that 

any such threat is unwarranted or unjustified. 

SECTION 8. No member of the Industry shall secure information 

:from a competitor concerning his business by a false or misleading 

statement or representation, by a false impersonation of one in author- ity, or by bribery or by other unfair method, or secret means where 

the effect may be to hinder or stifle competition. 

SECTION 9. No member o:f this Industry shall :fail to make proper 

invoices at time of shipment and such invoices, together with credit 

memoranda and all other documents relating to the sale, shall clearly 

and accurately state all of the essential elements of the sale, including 

types and sizes of products, quantities, prices, credit term , discount, 

allowances, date of order, date o:f shipment, and other pertinent 

information. 

SECTION 10. No member of this Industry shall post-date or preelate quotations, orders, invoices, statements or other sales documents. 

SECTION 11. No member o:f the Industry shall group various items 

in lots :for which the price is below the aggregate list price of such 

items when considered separately. 
84 

SEcTioN 12. No member of the Industry shall offer or give prizes, 

premiums, or gifts in connection with the sale of products, or as an 

inducement thereto, either directly or indirectly by any scheme which 

involves lottery, misrepresentation or fraud. This section shall not 

be construed to prohibit free and general distribution of articles 

commonly used for advertising except so far as such articles are 

actually used for commercial bribery as hereinabove defined. 

ARTICLE VIII-ExPORT TRADE 

No provision of this Code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade or sales or shipments for export trade. " Export Trade " shall be as defined in the 

Export Trade Act adopted April 10, 1918. 

ARTICLE IX-MODIFICATION 

SECTION 1. 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 Act, from time to 

time to cancel or modify any order, approval, license, rule or regulation issued under Title I of said Act. 

SECTION 2. Such of the provisions of this Code as are not required 

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

be modified or eliminated in such manner as may be indicated by the 

needs of the _PUblic, by changes in circumstances; or by experience. 

All the provisions of this Code, unless so modified or eliminated, 

shall remain in effect until June 16, 1935. 

ARTICLE X-MONOPOLIES, ETc. 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress or discriminate against small enterprises. 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods or 

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 XII-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 557. 

Registry No. 1657-0E>. 
SCHEDULE A 

Additional provisions which shall apply to Retail members of the Industry 

only. 

ARTICLE I-OPEN PRICE 

SECTION 1. Each member of the Industry shall file with a confidential and 

disinterested agent of the Code Authority or, if none, then with such an agent 

designated by the Board, identified lists of all his prices, discounts, r ebates, 

allowances, and all other terms or conditions of sale, hereinafter in this Article 

referred to as "price terms" which lists shall completely and accurately conform to and represent the individual pricing practices of said member. Such 

lists shall conta in the price terms for all such standard products of the Industry 

as are sold or offered for sale by said member and for such non-standard products of said member as shall be designated by the Code Authority. Said p1ice 

terms shall in the first instance be filed within thirty (30) clays 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 thereof, said agent shall by telegraph or other equally prompt means 

notify said member of the time of such receipt. Such lists and revisions, together with the effective time thereof, shall upon receipt be immediately and 

simultaneously distributed to all members of the Industry and to all of their 

customers who have applied therefor and have offered to defray the cost ac- tually incurred by the Code Authority in the preparation and distribution 

thereof and be available for inspection by any of their customers at the office of 

such agent. Said lists or revisions or any part thereof shall not be made 

ava ilable to any person until released to all members of the Industry and their 

customers, as aforesaid; provided, that prices filed in the first instance shall 

not be released until the expiration of the aforesaid thirty (30) day period after 

the approval of this Code. The Code Authority shall maintain a permanent 

file of all price terms filed as herein provided, and shall not destroy any 

part of such records except upon written consent of the Board. Upon r equest 

the Code Authority shall furnish to the Board or any duly designated agent of 

the Board copies of any such lists or revisions of price terms. 

SECTION 2. When any member of the Industry has filed any revision, such 

member shall not file a higher price within forty-eight ( 48) hours. 

SECTION 3. No member of the Industry shall sell or offer to sell any products 

and/or services of the Industry, for which price terms have been filed pursuant 

to the provisions of this Article, except in accordance with such price terms. SECTION 4. No member of the Industry shall enter into any agreement, understanding combination or conspiracy to fix or maintain price terms, nor cause 

or attempt to cause any member of the Industry to change his price terms by 

the use of intimidation, coercion, or any other influence inconsistent with the 

maintenance of the free and open market which it is the purpose of this Article 

to create. 

ARTICLE Il-TER,MS 

SECTION 1. No terms of payment shall be more liberal than five percent 

(5%) fifteen (15) days, two percent (2%) tenth of the following month, except 

that bowling pins and bowling alley and billiard table repair work sold during 

the months of June, July, or August may be subject to payment in installments 

of one-third on or before October lOth, one-third on or before November lOth, 

and the balance on or before December lOth, subject to a five percent ( 5%) 

discount if paid on or before the due date of each payment, but subj ect to 

six percent (6% ) interest after maturity of each payment. 

(85) 

0 
UNIVERSITY OF FLORIDA 

1111111111111111111111111111111111111111111111111111111111111111 

3 1262 08584 3257