Approved ode No. 383 Regi try No. 330-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD TURNING 

AND SHAPING INDUSTRIES 

AS APPROVED ON APRIL 4, 1934 

WE DO OUR PART 

"' --.. -

UNITED TATE 

GOVERNMENT PRI 'TING OFFI E 

WA m ' GTON: 1934 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

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

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust BUilding. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. S83 

CODE OF F AIR COMPETITION 

FOR THE 

WOOD TURNING AND SHAPING INDUSTRIES 

As Approved on April 4, 1934 

ORDER 

...:\_prnonNo onE oF FAIR CoMPETITIO~ FOR THE Wooo Tun.'"ING 

AND SH riNG I Nn TRIES 

An application having been duly made pursuant to and in full 

compliance with the proV"i ions of Title I of the National I ndu trial 

Reco"Very Act, appro"Ved J une 16, 1933, for approval of a Code 

of Fair Competition for the \\ ood Turning and lhaping Indu tries, 

and hearings having been duly held thereon and the annexed report 

n aid Code, containing findings with re pect thereto, having been 

made and directed to the P resident : 

0\V TH EREFORE, on behalf of the President of the United 

State I H ugh S. J ohn on Administrator for I ndu trial Recovery, pur uant to authority ve ted in me by Executive Order of the Pre i- dent, including Execuhve Ord r No. 6543-A, lated December 30, 

1933 and otherwi · d h reby incorporate by r eference said annexed 

report and do find that aid Code compli s in all re pects with the 

pertinent provi ions and will promote the policy and purpo e of , ai Title of aid A t · an 1 do hereby order that aid ode of Fair 

omp tition be an it i her by approved. 

H GH S. Jonx o_ 

Admini t-J·at01· for Indust7·ial R ecove1·y. 

\..ppr Yal r comm n led : 

\.. R. L N y 

Divi ion Admini ·tratm·. 

" .\.__'IlL T 'T ~ 

Ap1·il 4, 1934. 

(125) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Wood Turning and Shaping Industrie , the hearing being conducted 

in Wa hington, D.C., on January 16th 1934, in accordance with the 

provisions of the National Indu trial Recovery Act. This Code is 

compo ed of Part A and Part B. Part A is the basic Code containing provisions which have been judged to be relevant to various 

wood turning and shaping industries which are now included or 

might be included later in this Group. Part B is composed of the 

Divi ional Codes for the various in lustrie . Many of the members 

of the e industries manufacture the products included in more than 

one Di vi ion. This fact and the effort to reduce code administration 

expen es to the minimum have been the chief reasons for developing the Code: for tho ·e indu -tries a a Group Code. The provisions 

on hours and \\age · are common to all Divisions and are therefore 

placed in Part A. 

PRovr IONS oN HouRs AND WAGES 

The maximum hour provided in this Code for employees are forty 

( 40) hours per week and eight ( 8) hours per day. When production demand it employe.es may be permitted to work forty-eight 

( 48) hours per week for three ( 3) weeks in each thirteen ( 13) consecutive weeks' period but not more than forty ( 40) hours per week 

averaged over the thirteen weeks' periods. 

Designers, tool builder , executive and supervisory employees 

who regularly receive $35.00 or more per week, and out ide sales- men are exempted from the hours limitations. Watchmen are permitted to work fifty-six (56) hour per week. Outside truckmen, firemen, engineer , cleaners, foremen, hipping clerks and outside 

crews ar permitted a tolerance of 121j2 % over the prescribed hours 

in both regular and peak easons. In .cases of emergency repair 

and maintenance work involving breakdowns, or protection of life 

or property employees are exempted from hours limitations and are 

to be paid one and one-third times their normal rate for hours 

worked in exce .. · of eight hours per clay or forty hours per week 

The minimum \vage rates provided in this Code are as follows : 

Male employees in the north 35 cents per hour, in the south 321j2 

cents per hour, female employee 30 cents in the north and 27lj2 

cent in the south. The differential between male and female employees, whil protected by the provision that female employees 

performing substantially the same work a male employees. shall 

r cei,,e the same wage, is not economically sound and is justifiable 

only on ground of long establi heel practice. I n actual practice the 

differential ha. been as great as 100%. By this Code it has been 

(126) 
127 

nppr -imatcly 1 

altog th r. 

a 

CHILD L BOR 

The mmunum ao-e provided in this Code is 16 years but in 

hazardous ccupations this age limit is increased to 18 years. It is 

I rovided that the Code Authority shall submit a list of such occupations to the Administrator within 60 days of the approval of this 

ode. 

Ecoxourc EFFECT OF Tms CoDE 

Y"\RIETY WOOD TURI\TJXG AND MALL TURNED WOOD HANDLES DIVI ION 

Thi indu try has reab orbed the unemployment among its workers 

incid nt to the depression and reports 3 % more employees in the 

la t half of 1933 than in 1929, and nearly 80% more than employed 

in June 1933. This inc rea e may be partly attributed to reduction 

in hour per employee ince 1929 but chiefly to increased production 

in e June, 1933, when the average week was 40.4 hours. 

The minimwn wage pre cribed in this Code will greatly increa e 

th a\erage earning of employees a compared with the earnings of 

1932 and 1933 and probably will more than restore them to the level 

of 1929. 'lhe average weekly earnings for employees in the north 

in June 1933 were only 12.62 while under the Code the minimum 

ill be 14.00 for men and 12.00 for women. The employees of thi 

indu try are unorganized and the majority of the employees are pail 

at or n ar the minimum wage rat . 

SPOOL DIVI I N 
128 

The average wage rate per hour was only 38.5 cents in 1929 and 

36 vents in 1933. The majority of the employees were working at 

lower rates than prescribed as the minimum in the Code. It is 

clear that the prescribed minimum rate will considerably increase 

th~ pay roll of this industry. 

CLOTHESPI - DIVISION 

This indu try employed in the last two quarters of 1933 approximately 25 per cent more workers than employed in 1929, though 

nearly 20 per cent less than during the first two quarters of 193,3. 

The work week averaged about 54 hours for the first two quarters 

of 1933, but for the last two quarters avera(Yed only slightly oYer 

36 hours. This indicates that the indu try probably worked for 

stock requirements for the first hal£ of the year in order to take 

advantage of prices of raw materials and low labor costs. 

The average wage in the last quarter of 1933 was slightly higher 

than in 1929. The minimum wage rates prescribed in this Code will 

further increase the earnings as approximately 55 per cent of the 

male employees are receiving less than this minimum and all the 

female employees were receiving less than the minimum prescribed 

for them. Fifty-four per cent of the employees are women. Labor 

in this industry is unorganized and the average wages have been 

only slightly higher than the minimum rates. 

CANDY STICK DIVISION 

The number of employees engaged in this industry increased from 

125 in 1929 to 215 in 1933 due partly to increased requirements for 

this product but the major increase occurred in the last quarter 

of 1933 due to compliance with the President's Reemployment 

Agreement and the shortening of the work week. 

The average weekly wage steadily decreased from $18.20 in 1929 

to $14.00 in 1933. The n1inimum wage varied from 18.3 cents to 25 

cents during that five year period and the large majority of the 

employees are reported as unskilled or semi-skilled. The minimum 

wage prescribed in this Code will sub tantia.lly increase the wage rate 

of practically all employees. 

FLAT AND SHAl'ED VENEER PRODUCTS DIVISION 

Employment in this industry decreased from 756 in 1929 to 570 in 

1932. This increased to 729 in the last quarter of 1933 when some 

of the members of the indu"try complied with the President's Reemployment Agreement.. The average work week in October, 1933, was 

still 63 hours, therefore a substantial increase in employment may be 

expected by the adoption of the forty hour week prescribed by this 

Code. The adoption of a 40 hour week will increase employment 

approximately 50 % if production is continued at the present rate 

which is doubtful as those who have not cooperated by complying 

with the President's Reemployment Agreement have probably manufactured a large supply for stock. The few members who, under 

these conditions, have complied with the President's Reemployment 
1:... 

1 ·ial mm n 1ati n f r th ir ooperati \'e 

L b r 

the 

TO TIIPI 'K DI\"I I 'X 

Employment in thi indu try l a r main on tant at 3 0 employ e during th 1 eriod from 1929 to 1933. The a-veraae hours 

per week in 1929 w re 1.9 hour and in June 1933 w r 4 hour . 

Th a rage hour p r w ek remained the arne in October 1933. 

If the member of thi indu try have not manufactured for to k 

o that it will be unnece ary to continue to produce in the arne 

quantity an increa e of approximately 20% of the number of employ e now eno·aaed ·hould be accompli hed by the ado tion of the 

4:0 hour maximum we k pr cribed in this Code. 

The average hourly wage rate in this industry wa 40.2 c nt in 

1929 and 41.4 cent in 1933. Since labor is unorganized the majority 

of the employees will probably not receive much in exces of the 

1 re cribe l minimum. One of the four members of thi indu try 

reported a minimum hourly wage rate of 22 cent . From this 

ina l quate report it i difficult to e timate what incr a e in wage 

rate will re ult but it i believed that some increa e will oc ur. 

KEWER DIY! IO~ 

of mploye in this 

con tant during the four 3 ars 

to 40 by c mm nt and this 

BR 'H H ..'DLE A.ro BR • 'II BI T DI\'1 I ~.,. 

r h lllllll r of mpl in thi indu, try lurin 0' th la. half f 

1!):3' wa. ar I r ximat ly :J% mor than in 192.. urina th nl 

1nart r f 1 . th r wa gr at in r a. in the numb r f mploy whi h may lun·e b en in pir by the cl ire t manttfac ure 
130 

for stock to take advantage of long hours and low wages that prevailed at that time. During the first six month of 1933 the average 

work week was 54.2 hours and during the la,st quarter of 1933 fewer 

workers were employed and the average week \vas reduced to 3().8 

hours. No increase in employment will be effected by the hours 

prescribed in this Code. 

The wage rates of this industry have been very low, practically all 

employees receiving less than the minimum rates prescribed in thi,s 

Code. The average earnings of employee during the second quarter of 1933 will be more than doubled by the \Yage provision · of this 

Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Code having found a,s herein ·et forth and on the basi · of all 

the proceedings in this matter: 

I tind that: 

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

r emoval of obstructions to the free flow of interstate and fo reign 

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 th~" trade groups, 

by inducing and maintaining united action of labor and management under adequate governmental ·anction,s and superYision, by 

eliminating unfa1r competitive practice", by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restrictiOn of production (except a may ue temporarily required), by increasing the con umption of industrial and 

agricultural product through in Teasing purcha ing pmYer, by reducing an l relieving unemployment, by improYing ·,standards of 

labor, and by otherwi e rehabilitating indu try. 

(b) Said industries normally employ not more than 50,000 elhployee ; and are not classified by me a · major industrie . 

(c) The Code as approved complies in all respects with the pertinent provisions of ,aid Title of said Act, including without limitation 

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

Subsectidn (b) of Section 10 thereof; and that the applicant associations are indu trial a sociations truly representative of the aforesaid 

industries; and that said associations impo e no inequitable restrictions on admi sion to membership therein. 

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

or monopolistic practices. 

(e) The Code i 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 proce s have 

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

Code. 

For these reasons, therefore, this Code ha been approved. 

Respectfully, 

APRIL 4, 1934. 

H-uGH S. JoHNSO.~:, 

Ad1ninistrator. 
0 E F FAIR 0 1PETITION FOR THE WOOD TURNING 

AND H PING INDUSTRIES 

PART A- IA TER CODE 

ARTICLE I-PunrosEs 

T ffect th poli i of Title I of the National Industrial ReO\ery Act, this code i e tablished as a Cole of Fair Competition 

f r the \Vood Turnino- and Shaping Industrie as hereinafter lefined, 

and it provi ions shall be the standards of fair competition for such 

industrie and shall be binding upon every member thereof. 

ARTI LE II-DEFINITIONS 

E TION 1. lV ood T~t?'ning and Shaping Industries.-The term 

' 'Vood Turning and Shaping Industries " as u ed herein shall mean 

the manufacture for primary distribution of turned and shaped wood 

products a hereinafter defined in Part B of this Code for the 

re pecti e Divisions or Subdivision , established pursuant to the 

proYi ions of Article VII hereof. 

E TION 2. Division and Subdivision.-The Term "Division" or 

' ubdivision" of the industry as used herein shall mean the several 

branches of the indu try which are herein or may hereafter be 

e tablished. The Divi ·ions or Subdivi ions immediately e tabli h d 

and defined in Part B of thi Code are: 

1. The Variety ':y ood Turning and Small Turned Vl ood Handles 

Divi ion. 

2. The pool Dj vi ion. 

3. lothe pin Divi i n. 

4. The andy Sti k Di vi ion. 

5. The Flat V neer Products Divi i n. 

6. Toothpick Division. 

7. The ,kewer Divi ion . 

. The Bru h andle and Brush Blo k 1v1. 1 n. 

E TIO 3. en~b 1' of the Industry.-' he term member of the 

indu trv ' in lu . but without limitation, any individual r cnt rris ngag din th ind 1 tri , ither a an employ r or on his r its 

own behalf. 

ECTION 4. M n~bfr• of Di i ion or ubd,ivi ion .- Th t rm "n• mh r of the Di i i n ' r ' m mbcr of ih ub livi.-ion ' hall m an any 

m m r of the in u try a la sifi d in an ivi i n or ubdivi i n of 

the indu. tr n w r h r after e abli h i and d fin l in Part B f 

thi od . 

51724°----482 5-- · --34----2 (131) 
132 

Part A Article VII, Section 3, and in the various units of Part B 

of this Code), of any Division or Subdivision of these Industries, now 

or hereafter established. 

SEcTioN 6. Employee.-The term "employee" as used herein includes any and all persons engaged in the industry, except a" member 

of the Industry," however compensated. 

SEcTioN 7. Employer.-The term "employer" as used herein includes any member of the industry by whom such employee is compensated or employed. 

SEcTioN 8. The term " South" as u eel herein, shall include the 

States of North Carolina, South Carolina, Tennessee, Mississippi, 

Louisiana, Arkansas, Florida, Georgia, Virginia, Alabama and Texas. 

SECTION 9. The term" North" as used herein, hall include the District of Columbia and all States of Continental United States not 

included in the South as defined in Section 8. 

SEcTioN 10. Act and Ad1ninistrator.-The terms "Act" and "Administrator " as used herein shall mean, respectively, Title I of the 

National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

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

eight (8) hours in any twenty-four (24) hour period or forty ( 40) 

hours in any one week, except as hereinafter otherwise provided. 

SECTION 2. The maximum hours prescribed in Section 1 of this 

Article shall not apply to employees engaged exclusively as designers, tool builders or as executive or supervisory employees, who regularly receive thirty-five (35) dollars or more per week, nor to outside 

salesmen. 

SECTION 3. W atchmen.-The maximum hours prescribed in Section 1 of this Article shall not apply to watchmen, provided, however, 

that watchmen shall not be permitted to work in excess of fifty-six 

(56) hours in any one week. 

SEcTioN 4. Outside truckmen, firemen, engineers, cleaners, foremen, hipping clerks, and outside crews, may be permitted to work a 

tolerance of 121/2% over the hours prescribed in Section 1 of this 

Article, and during peak seasons they may be permitted to work a 

tolerance of 12%% over the hours permitted in Section 6. 

SECTION 5. Emergencies.-The maximum hours prescribed in Section 1 of this Article shall not apply to employees engaged in emergency maintenance or emergency repair work involving breakdowns 

or protection of life or property, provided, however, that in any 

such special cases employees shall be paid at not less than one and 

one third times their normal rate of pay for all hours worked in 

excess of eight (8) hours in any one day or forty (40) hours in any 

one week. 

SECTION 6. P ak Seasons.-The maximum hours prescribed in Section 1 of this Article shall not apply in cases of seasonal or peak 

operation , provided, however, that any employee engaged in such 

operations may not be permitted to work in excess of forty-eight 

( 48) hours in any one week, nor permitted to work such forty-eight 

( 48) hour per week for more than three ( 3) weeks in each thirteen (13) con ecutive weeks period, nor permitted to work in excess 
1' 3 

k av rag d ov r a h thir n (13) conifi l by th a pr I ri te Divi i nal or 

ARTI LE IV-\V AGES 

wingly nwitl that 

xce d the 

E TI ~ 1. lllinimum 1l,.age Rat s.-No male mployee, shall be 

pail at le than the rate of thirty-two and one half (3""lj2 ) cents 

p r hour in th nth, nor 1 · than thirty-five (35) cents per hour 

in the North and no female employee, shall be paid at le s than the 

rat of twenty- even and one half (27lj2 ) cent per hour in the South, 

n r le than thirty (30) cent per hour in the North, except as 

hereinafter otherwi e provided in this Article. 

E TION 2. Piecework and Minimwm }Vage.-This Article e tabli he a minimum rate of pay which shall apply irrespective of 

whether an employee is actually compensated on a time-rate, piecework, or other ba is. 

SE TION 3. Payment of lVaqes.-An employer shall make payment of all wages due in lawful currency, or by negotiable check 

therefor payabl-e on demand. These wages shall be exempt from 

any payments for premiums, insurance, or sick b nefits oth r than 

tho e Yoluntarily paid by the wa<re earners, or required by law. All 

emplo ment agreements shall require that wages be paid at least at 

the end of ev ry two weeks' period, salaries at lea t at the end f 

every month, and that no employer shall withhold wages due any 

employee. 

E TION 4. M essenqers, Office Boy , Office Girls and Lea1'ners.-

::.M en<rer and office boy and office girls between the ages of ixt en (16) and eighteen (18) years and persons learning an occupation hall be paid not l ss than eighty percent of the minimum wa · , 

pro id d that the number of such employees shall not exceed five 

p r cnt of th total number of empl yees of any one employ r at 

ny one tim , an l that the 1 arn r hall not b compen a ted at l 

than the minimum rate for a period in exces of six (G) ' ek , irr - c.: e tiv of wh th r they arc mploy d by one or more mr l r . 

E TI - . 11cljust17Unt of 1V age .-There ·hall be an qui table 

a ju tment of , ll wa~ s above the minimum pr ribed in thi article 

and ithin ixty (GO J lay fr m th if cti ve ] te of this od all 

·u h adju tm nt. male incc Jun 16 19 , hall b r p rt d to the 

d uth rit and to th A lmini trat r. In no asc hall 1 ourly 

rat be r due l. 

E TI .. G. Female Employe s.- • male n pl y s p rforminO' 

ub tantially th am w rk a n al mploye s hall rc i e the ame 

r t s f pa ~. 

E TI .. 7. IIandicapped Em,ploy es.-A 1 r on wh sc arning 

apacity is li 't au c f a~ , 1 y. ·ical or m ntal handicap, r 

th r infinnity may be mploy d n li0 ht work at a wag below the 

n1inimun -tabli 1 by a e, if the mpl yer btains from the 

tat.e authority, de ignat by the United ate D partm nt of 
134 

Labor, a certificate authorizing uch per on's employment at such 

wages and for such hours as shall be stated in the certificate. Such 

authority shall be guided by the in tructions 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 such employee. · 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labor P1·ohibited.-No person under 16 years of 

age shall be employed in the Industry. No person under 18 years 

of age shall be employed at operations or occupations which are 

hazardous in nature or dangerous to health. The Code Authority 

shall submit to the Administrator within sixty (60) days after the 

approval of thi Code a list of such operations or occupations. In 

any State an employer shall be deemed to have complied with this 

provision as 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 Right to Organize.-(a) 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. 

(b) No employee and no one seeking employment shall be required 

a.s a condition of employment to join any company union or to refrain 

from joining, organizing, or assi ting a labor organization of his own 

choosing, and 

(c) Employers shall comply with the maximum hours of labor, 

minimum rate of pay, and other conditions of employment approved 

or prescribed by the President. 

SECTION 3. Stat Laws Prevail Where More Stringent than Oorle.-

No provisions in this Cole shall super ede any State or Federal law 

which imposes more stringent requirements on employers 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 4. Posting Oo.rle.- All employers shall post and thereafter maintain complete copies of the labor provisions of this Code 

in conspicuous places accessible to employees. 

SECTION 5. R eclassifying E1nployees.-N o employer shall reclassify 

employees or duties of occupations performed, or engage in any 

other subterfuge for the purpose of defeating the purposes or provisions of the Act or of this Code. 

SECTION 6. Safety and H ealth.-Every employer shall make reason. 

able provision for the safety and health of his employees at the place 

and during the hours of th ir employment. Within sixty (60) days 

after the approval of any divisional unit of this Code the Adminis· 
135 

Ann LE VI- R, L·rzATI r P WER 

TII RITY 

'UTJE F TilE DE 

i h r by c n- admini tration 
136 

complying with the requirements of this Code and sustaining their 

reasonable share of the expenses of its administration. The rea onable hare of the expenses shall be determined by the Code Authority1 subj ect to review by the Administrator, on the basis of volume ot 

business and/ or such other factors as may be deemed equitable. 

SECTION 7. Membe1·s of the Code Authority or Agencies not Partners.-N ot.hing contained in this Code shall constitute the members 

of the Code Authority, or of any Divisional or Subdivi ional Agency 

partners for any purpose; nor shall any member of the Code Authority or any Divisional or Subdivisional Agency be liable in any 

manner to anyone for an act of any other member, officer, agent, 

or emplGyee of the Code Authority, or any Divisional or Subdivisional Agency; nor shall a member of the Code Authority or Divisional or Subdivisional Agency who is exerci ing reasonable diligence in the pursuance of his duties hereunder, be liable to anyone 

for any action or omission to act under the Code except for his 

wilful misfeasance or nonfeasance. 

SECTION 8. PoW'ers and Duties of the Code Authority.-The Code 

Authority shall have the following powers and duties to the extent 

permitted by the Act, subject to the right of the Administrator, on 

review, to disapprove any action taken by the Code Authority. 

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

and for the administration of the Code, in accordance with the 

powers herein granted, and the same to be subject to the disapproval 

of the Administrator on review, and to submit cnpies of any amendments or additions when made thereto, minutes of all meetings, and 

such other information as to its activities as the Administrator may 

deem necessary to effect the purposes of the Act. 

(b) To coordinate the administration of this Code throughout 

the several Divisions and Subdivisions of the Industry, and with 

such other related Codes, if any, as may affect this industry or any 

Divisions or Subdivisions thereof. 

(c) To present to the Administrator, either on its own initiative 

or at the request of Divisional or Subdivisional Agencies, or of an 

interested party, recommendations based on conditions in the Industry as they may develop from time to time, for modification of or 

addition to the provisions of the Code. When any Divisional or 

Subdivisional Agency or an interested party presents proposals for 

amendments to the Code, the Code Authority ~hall present such proposals to the Administrator, together with its recommendations for 

approval or disapproval. Upon approval by the Administrator, 

after such notice and hearings as he may prescribe, such recommendations shall become integral parts of this Code. 

(d) Unless and until the Administrator shall act pursuant to the 

provisions of Section 5 of this Article, the Code Authority shall 

maintain the representative character of any Divisional or Subdivisional Agency. 

(e) The Code Authority may appoint such committees or agents 

as it may deem necessary and may delegate to them or to any Divisional or Subdivisional Agency such of its powers or duties as it 

may deem proper for the administration of this Code; provided, 

however, that it shall reserve final responsibility as to any powers or 

duties so delegated. 
1 7 

Awrr LE VII-Drvr ION ~ o UBDIYrsrox 
138 

(c) The Divi ional or Subdivisional Agencies hall cooperate with 

the Code Authority in making inve tigations as to the functioning 

and observance of any provisions of this Code, at their own instance, 

at the request of the Administrator or of the Code Authority or on 

complaint of any person affected, and report in duplicate their 

findings and recommendations to the Code Authority. One copy 

thereof shall be transmitted promptly to the Admini trator and 

shall be subject to his disapproval on review. 

(d) Divisional or Subdivi ional Agencies may make uch rules 

and regulations as may be necessary to administer this Code in their 

re pective Divisions and Subdivisions. Any rules and regulations 

made pur uant to the provisions of this section shall be immediately 

submitted in duplicate to the Code Authority. One copy thereof 

shall be transmitted promptly to the Administrator and shall be 

subject to his disapproval on review. 

(e) A Divisional or Subdivisional Agency may, upon its own initiative, or upon the reque t of any interested party, obtain from any 

member of it Division or Subdivision such reports or other data as 

may from time to time be deemed neces ary for the proper administration of this Code in its Division or Subdivision. 

ARTICLE VIII-AccouNTING AND CosTING 

SECTION 1. Uniform Cost Finding and1/ or Estinwting.-The Code 

Authority shall cause to be formulated by each Divisional Agency 

an accounting sy tern 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 estimate costs in accordance with the 

principles of such methods. 

SECTION 2. S elling below Allowable Oost.-The Code Authority 

shall cause to be formulated by each Divisional Agency a cost inclusion formula which shall specify the items of cost which shall be 

included in allowable costs for the production of tho e products 

which are ubject to the Code of such Division. Such cost inclusion 

formula shall be submitted to the Administrator for his approval. 

After the approval of this formula by the Administrator no member 

of the Industry hall sell or exchange any product of the industry 

manufactured by him at a price or upon terms and conditions which 

will result in the purchaser paying for the goods received less than 

the allowable cost thereof to the seller determined in accordance with 

such approved cost formula; provided, however, that dropped lines, 

or econd , or inventories which must be converted into cash to meet 

emergency needs may be disposed of by any member of the Industry 

at any price and on any terms and conditions, but only if such member of the Industry, not less than two weeks before such dispo al, 

has filed with the Divisional Agency a statement in writing setting 

forth the facts of, and reasons for, such proposed disposal; and 

provided further, that a member of the Industry selling, or wishing 

to ell, below his own allowable cost to meet the competition of a competitor whose allowable costs are lower, or to meet competition from 

products of equivalent design, character, quality, or specifications, 
1' 

nited Statrs, may do so provided that he 

has first reported to the DiYisional Agen<:y and in such report has 

tition which caused him to take :-;uch adion. 

AHTll.LE IX-UPE"'T 

REcnox 1. J/ etlzod.-Ea<:h memb 

f the Industry shall fil 

RTT<'LE X-TRADE PI~ACTICEC' 
140 

misrepresent any produ t of the Industry with respect to the brand, 

grade, quality, quantity, origin, size, material content, or preparation 

of such conunodity. 

RuLE 5. Inaccttrate R efer ence to Cornpetitors.-No member of the 

Industry shall publish advertising which intentionally refers inaccurately in any material particular to any competitors or their 

commodities, prices, values, credit terms, policies, or services. 

RULE 6. Threats of Lawsuits.-No member of the Indu try shall 

publish or circularize unjustified or unwarranted threats of legal 

proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers, and failure to prosecute diligently 

shall be evidence of such harassment or intimidation. 

RuLE 7. Secret R ebates.-N o member of the Indu try shall secretly 

offer or make any payment or allowance of a rebate, refund, commission, credit, unearned discount, or excess allowance, whether in 

the form of money or otherwise, for the purpose of influencing a 

sale, nor shall a membar ecr tly extend to any customer any special 

service or privilege not extended to all customers of the same class. 

RULE 8. Com11~ rcial Brib y.-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. This provision shall not be construed to prohibit free 

and general di tribution of articles commonly used for advertising 

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

as hereinabove defined. 

RuLE 9. Interference tvith Another's Contracts.-No member of 

the Industry shall 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. 

RuLE 10. Sales as Prices Pr viou~Sly Listed.-N o member of the 

Industry shall is ue an invoice ba. ed upon a published price list in 

effect prior to such invoice, but not in effect at time of shipment, 

unless such invoice definitely specifies date of order, quantity sold, 

and balance due on such order. 

ARTICLE XI-APPEALS 

SECTION 1. Right of Appeal to Divisions and Subdivisions.-Any 

interested party shall have the right of complaint to any Divisional 

or Subdivisional Agency and prompt hearing and decision thereon 

with respect to any matter arising under this Code and under such 

rules and regulations as the Agency may prescribe. 

SECTION 2. L}fetlwd of Appeal to Code AttJtlwrity.-Any interested 

party shall have the right to appeal to the Code Authority from 

any such decision or action of the Agency under such procedure as the 

Code Authority shall prescribe. 

SECTION 3. Right of C01nplaint to Code Authority.-Any interested party shall have the right of complaint to the Code Authority 

and prompt hearing and decision thereon under such procedure as it 
pr n:1 n 

manner a t 

r to liminat . 

14:1 

r fin ling 

Am I LB XII- !\[ J. or LIE 

Ann 'LE ~ .,... III-~f mFI A'l TO. 

P1 ·e id nt .Jlay Modi fy Ilis App1•oval of Th£ Oocle.-

d and all the pr i ions th r of ar xpre sly made subj ect 

t th ri<Yht of the Pre ident in accor ance with the provi ions of 

u . cti on (b) of tion 10 of the National Indu trial Reco ry 

A t from tim to time to ancel or modify any order, approval, 

li n rule or regulation i ·ued under Title I of aid A t and 

pe ifi ally but without limitation to he ri~ht o£ the Pre ident to 

an I or modi£v hi approval o£ thi ode or any conditions impo d 

by him upon hi approval thereof. 

E ION 2. A.m ndnwnt of ode.-This Code except a to provii n required by the A t may be modified on the basis of experience 

or hang in ircum tance , uch modification to be based upon 

application to th A ministrator and such notice and h earing as he 

hall pecify and to become effective upon approval of the Pr sident. 

AR'f! LE XIV-EFFE 'TI\'E D TE 

Thi Code shall b orne effecti e on the ·econd Monday aft r it 

hall have been approved by the President. 

Approv d Code J. · o . 3 3. 

R gi try 'o. 330-02. 
PART B-DIVISIONAL CODES 

Unit No. Name of Division 

1. Variety Wood Turning and Small Turned Wood Handles. 

2. Spool. 

3. Clothespin. 

4. Candy Stick. 

5. Flat and Shaped Veneer Products. 

6. Toothpick. 

7. Skewer. 

8. Brush Handle and Brush Block. 

THE VARIETY WOOD TURNING AND SMALL TURNED WOOD HANDLES 

DIVISION, UNIT NO. 1 

ARTICLE A-DEFINITIONS 

SECTION 1. The Variety vV ood Turning and Small Turned Wood 

Handles Division consists of all manufacturers and/or finishers of 

turned wood products described in Section 2 hereof; excepting however, manufacturers of assembled articles such as furniture, toys 

and various appliances, who produce wood parts exclusively for 

their own use in the assembly or processing of their product. 

SEcTION 2. The term " Variety Wood Turning and Small Turned 

Wood Handles " as used in this Divisional Unit shall mean all wood 

handles both finished and unfinished, not over twenty-four (24) 

inches in length, manufactured on turning lathes of all types in 

which the cutting tools are mechanically operated; and all other 

wood products not over forty-eight ( 48) inches in length manufactured as specified above, excepting, however, all hickory handles 

and ash handles, and those products which are defined and the 

manufacture thereof governed by the provisions of any other Code 

of Fair Competition or of any other division or subdivision of this 

Code. 

ARTICLE B-DrviSIONAL AmuiNISTRATIVE AGENCY 

SECTION 1. 'Vithin twenty (20) days after the effective date of 

this Code the Secretary of the vVood Turners Service Bureau shall 

call a meeting of all Members of this Division for the purpose of 

electing the Administrative Agency of said Division. Due notice of 

this meeting shall be sent to every Member of the Division in writing 

or by such other method as will insure all interested parties being 

jnformed of such meeting and its purpose. 

SECTION 2. The Administrative Agency of this Division shall 

consist of a Board of not more than seven (7) Members, who shall 

serve for one year or until their successors are elected, and shall 

be elected by the following method : . (a) At least one Member of the Administrative Agency shall be 

a Member of t.he Industry who is not a Member of the Wood Turners 

(143) 
14 

ARTICLE C-TEnM OF PAYMENT 

The term of payment for thi Divi ion shall not be more favorable than a ca h discount of three (3) per cent for payment in adV"ance of shipment; two (2) per cent for payment within ten (10) 

day ofter hipment · on (1) per cent for payment on or before the 

t nth of any month for hipments of the previous month; net thirty 

day e.o.m. · all ca h di count shall be figured on th n t amount 

after de ln ting ales and/ or exci e taxes and all claim and allowan for d fective or reje ·ted good . 

TI 'LE D-TR.-\DE PR 'l'I E 

·haro-es 

R D ITI T p RTA 

{1) X hall n t b p rative in thi lVl ·1 n. 
144 

THE SPOOL DIVISION, UNIT NO. 2 

ARTICLE A-DEFINITIONS 

SECTION 1. The Spool Division shall consist of all members of the 

Industry engaged in the manufacturing and/or finishing of all wood 

turned products described in Section 2 hereof. 

SECTION 2. The term "Spool" as used in this Divi.sional Unit 

shall mean spools, both finished and unfinished, for whatever purpose used, made from wood of any kind whatsoever, which are 

turned on centers, and which do not exceed three (3) inches in 

diameter and/ or four ( 4) inches in over-all length, except spools 

used in textile 1nill,s for mill processes which do not contain the 

product wound thereon when sold or offered for sale. 

ARTICLE B-DIVISIONAL Ao:M:r:XISTRATIVE AGENCY 

QECTION 1. 'iVithin twenty (20) days after the effective date of 

this Code the Secretary o.f the "\Vood Turners Service Bureau shall 

call a meeting of all JVIen1bers of the Spool Division for the purpose 

of electing the Administrative Agency of said Division. Due notice 

of this meeting shall oo sent to every member of the Division in 

writing or by such other methods as will insure all interested parties 

being informed of such meeting and its purpose. 

SECTION 2. The Administrative Agency of this Division shall consist of a Board of not more than five ( 5) JVIembers, who shall serve 

for one year or until their successors are elected and shall be elected 

by the following n1ethod : 

(a) At least one Member of the Administrative Agency shall be 

a Member of the Industry who is not a :Member of the Wood 

Turners Service Bureau, if there be any such, and shall be elected 

by a majority vote of all members of this Division who are nonmembers of the Bureau present in person, or voting by letter or by 

proxy, each non-member to have one vote. 

(b) The remaining Members shall be elected by a majority vote 

of all members of this Division who are Members of said Wood 

Turners Service Bureau present in person, or voting by letter or 

by proxy, each J\tiember having one vote. 

(c) A vacancy in the membership of the Administrative Agency 

may be filled by a majority vote of the remaining ~fembers of the 

Administrative Agency, provided, however, that there shall always 

be a Member of the Administrative Agency who is not a ~fember 

of the said Bureau, if there be any such. 

(d) In addition to the Members elected by the Industry, the Administrator, in his discretion, may appoint one to three non-voting 

members to represent the Administrator. 

ARTICLE C-TERMS o::E' pAYMENT 

SECTION 1. The terms of payment for this Division shall not be 

more favorable than a cash discount of 3% for payment in advance 

of shipment; 2% for payment within ten days after shipment; 1% 

for payment on or before the lOth of any month for shipments of 
145 

th pr ,~iou m nth· n t 30 lnv e.o.m. · fiO'Uf l n h n t am unt aft r }edu tin 

an l nll laim and all \\UTI for d fecti 

ARTI 'LE D-'I'R.ADE PRA TI E 

tax s 

hall b Trad Practice Rules for this i~ i i n in 

ad lition to th et forth in Article X of Part of this ole: 

ULE 1. r m mb r of this Division hall make any contracts 

of ale which do not d finite] pecify quanti y, pric and final date 

f hipm nt. 

RULE u. memb r of thi Divi ion hall i u any invoi e to 

any pur ha r \\hi h loe not show the term of payment and actual 

late of hipment. 

RULE 3. N member of thi Divi ion hall make eparate charges 

for contain r~ uch a bag barrel , boxes, or cartons. 

RTI E E-Ex EPTIONS OR ADDITIONS TO PART A 

Article IX hall not be operative in this Division. 

CLOTHE PIN Dn I ION, UNIT NO. 3 

ARTICLE A-DEFINITIONS 

\.nTI 'LE - lYI. I ~- AL An:\rr..:r.·Tn TIYE A E,. y 

m tf this 

nrve 
146 

for one year or until their successors are elected and shall be elected 

by the following method: 

(a) At least one Member of the Administrative Agency shall be 

a Member of the Industry who is not a :Member of the Clothe pin 

Institute, if ther e be any uch, and hall be elected by a majority 

vote of all non-members of the Clothespin Institute present in person, 

or voting by letter or by proxy, each non-member to have one vote. 

(b) The remaining members shall be elected by a majority vote 

cf all members of said Clothespin Institute present in person, or 

voting by letter, or by proxy, each member to have one vote. 

(c) A vacancy in the membership of the Administrative Agency 

may be filled by a majority vote of the remaining :Members of the 

Administrative Agency, provided, however, that there shall always 

be a member of the Administrative Agency who is not a member of 

the said Institute, if there be any such. 

(d) In addition to the members elected by the Industry, the 

Administrator, in his discretion, may appoint one to three non-voting 

members to represent the Administrator. 

ARTICLE C-TERMS OF p A Y:NIENT 

The terms of payment for this Division shall not exceed two (2) 

percent thirty (30) days from date of shipment, or two (2) percent 

for payment by a specified date not later than the fifteenth of tile 

month following shipment, net thirty-one (31) days E.O.M. 

ARTICLE D-TRADE PnACTICEs 

The following shall be Trade Practice Rules for this Division 111 

addition to those set forth in Article X of Part A of this Code: 

RuLE 1. No member of this Division shall guarantee prices and 

floor stocks against decline in prices. 

RuLE 2. No member of this Division shall permit the storing of 

goods with customers. 

RULE 3. No member of this Division shall make any contracts of 

sale which do not definitely specify price, terms, quantity, and final 

date of shipment. 

RuLE 4. No member of the Industry shall ship goods on consignment except under circwnstances to be defined by the Administrative 

Agency, where peculiar circumstances of the Industry require the 

practice. 

RULE 5. No member of this Division shall permit brokers or 

salesmen on commi ·sion to split or divide commissions with customers. 

RuLE 6. No member of this Division shall discriminate as to price, 

terms andj or conditions of sale for a like quantity or quality between 

customers of the same class, and in the same competitive territory. 

RULE 7. No member of the Industry shall give any brokerage or 

other commission to one to whom he sells as a jobber. 

RuLE 8. Each member of this Division shall file with the office of 

the Clothespin Institute, a complete list of his authorized agents. 

The name of each new agent shall be filed with the Association at 

least one week before any member of this Division shall permit him 

to function as such. 
147 

R E 9. Ea h 1nem1J r f th In lu try hall require hi. no· nts 

trictly t) · nform t h1.- 1 ubb.-h cl 1ri' \ rm:. an 1 ann un d 

llin; li ·i , , nn 1 no m •n IJer of th in lu try hall p rmit any of 

hi. a1r nt ~ t 1 Yiat in any r' ·pe ·t whabo Y r from hi publi ·h ·d 

pri ... t rru an l ann nn d ·elliug poli ic ... . 

RTI LE E--E.- EPTI) - o AomTro ... : T PART A 

E TI _. 1. The pr vi i n of .Arti l L .... , S tion 1, of Part A, of 

hi 1 --hall b m lifie l < • tom mber ~ of thi · ivi i n a follow 1 

~Iemb r of the I the pin Divi ion hall fil with the Admini. tra- ti cr n ·y ' ithin twent r (20) days aft r the effectiv date of this 

cl pric li ·t in ac ordan with th provi ion of Articl IX. 

A.K Y TI 'K DIYI IO~, UJ:JIT N . 4 

ARTI LE A-DEFL TTIONS 

E TI N 1. Th andy Stick Divi ion hall con ist of all members 

f th Indu try encraaed in the manufa tur of Candy Sti k. as 

d fine in ec ion 2 of thi Article. E TI N 2. The term Candy Stick " a u ed in thi Di i ion ·hall 

m an pi ce of wool of an ize or shapt> except fiat to which 

confections are to be attached. 

E TI N 3. The t rm broker ' f r th purpo e of thi Divi ion 

hall m an one who 11 for a mannfactur r in the manufacturers 

name f r th manufa turer a unt at pric and on term· and 

condition nam d by the manufa tur r, who carrie n tock and 

who e cornpen ation i in the form of a brokera.o·e for uch · rv1 ·e . 

RTI LE B-Drvr r NAL Ao IL:-r 'TRATn' A E~ Y 

• 
148 

In titutc located in the South as defined 1n Part "A", Article II, 

Section 8. 

(c) A Yacancy in the membership of the Administrative Agency -may be filled from the appropriate group by a majority vote of 

the remaining l\fembers of the Admini trative Agency, provided, 

however, that there shall alway be a Member of the Administrative 

Agency who is not a Member of the National \Vood Candy Stick 

Institute, if there be any such. 

(d) In addition to the member elected by the Indu try, the 

Administrator, in his discretion, may appoint one to three non-voting 

members to represent the Administrator. 

AnTICLE C-TERMS OF P A Y~mKT 

No member of the Candy Stick Division shall allow a cash discount in excess of the following: Two (2) percent sight draft, or 

two (2) percent ten days after date of invoice, or two (2) percent 

tenth of month following date of hipment on accounts whose purchases aYerage more than one shipment per month; or net thirty 

(30) days e.o.m. 

ARTICLE D-TRADE PRACTICES 

The following shall be the Trade Practice Rules for this Division 

in addition to those set forth in Article X of this Code: 

RuLE 1. No memb(lr of thi Division shall be permitted to store 

goods with customers. RuLE 2. No member of the Industry shall ship goods on consignment except under circum tances to be defined by the Administrative 

Agency, where peculiar circumstances of the Industry require the 

practice. 

RuLE 3. No member of this DiYision shall pay or allow a commission on a Federal or State Sales Tax. 

RuLE 4. No member of this Division shall guarantee prices against 

decline or ad vance. 

RuLE 5. No member of this Division shall permit brokers or salesmen on commis ion to split or divide commissions with customers. 

RuLE 6. All contracts of sale shall definitely specify quantity, 

price and final date of shipment. 

RuLE 7. No manufacturer in this Division shall sell or offer for 

sale another commodity not produced by the members of this Division with products of this Indn try at a pri'ce which will re. ult in 

the purchaser paying less t o the members of this Division than 

the published price of the member's own product and the cost of the 

other commodity to the member of the Industry. This provision 

shall not apply to commodities or articles commonly used for 

adverti ing in this Industry. 

ARTICLE E-ExcEPTION FROM PAnT A OF THIS ConE 

SE TION 1. The pro' isions of Article IX, Section 1, in Part A of 

this Code shall be modified as to members of this Division as follows: 

Members of the Candy Stick Division shall file with the Administrative Agency of this Division within twenty (20) days after the effec-

• 
149 

FLAT ~ ·n .:nAPE VE~ ~E H r R 

ARTICLE A-DEFI TITIO}i 

:.~ 1. Th Flat and hapecl \ en er Product ivi ion hall 

fall memb r of th Inclu try engaged in the manufacture of 

fla an haped v ne r r Lluct . 

E TI N 2. The t rm Flat and Shap d V neer Products' a u ed 

in thi Di ·i ion hall mean flat or haf eel w oden ic - ream spoons 

and ti k flat r haped wooden mu tar l paddle flat or haped 

woo len plant lab 1 flat wooden patula · tongue blade and mall 

wooden pr ducts manufactured by in1ilar proce se . .r othino- herein 

hall include any container and/ or contain r material included in 

the wood n packag division of the ode of Fair ompetiti n for 

the Lumber and T1mber Products Indu try. 

ECTION 3. The t rm 'broker., for the purpose of thi Division 

hall mean one ho lls for a manufacturer in the manufacturers 

name forth manufacturer account, at pric and on terms and conditi n named by the manufa turer who carrie no stock and whose 

comp n ·a ion is in the form of a brokerage for hi ervice . 

ARTI LE B-Drvr rox AL AD}Il:KI TR. T1YE AcE y 

a) A ntcanc · in tlH· 111 ·ml> r~hip of tb Admini. rati\· Ao· ncy 

may b Jill l b a majorit r vot f th r llHljnin<r ~I ml r: oi the 

ln ini tra iY Ag n · ' · ( n a lcliti n to tlw lllPJllbcr. 1 ·t tl l1y th In lu 'try th A - mini trat r in hi. li. lT ·tion, may appc int on t thr n nY ting 

m mb r t r •pr . nt h .t <lmini ra or . 

... HTI ·r- ( - T · Inr.· or P.\ \ ·" E. ·T 

m n 1J r of thr ~ lut an l ~ 'llapt>tl Yen ·r Pr du ivi i n hall 

allow r p rmit t. he all w ·d a ·a. h eli · ·c unt in 'X • of th f llowing: Tw (2) p rc· llt ca sh f r 1 nym nt with n·tl r. or two (2) I r-
150 

-

cent sight draft, or two (2) percent ten (10) days after date of 

invoice, or two (2) percent for payment by the Tenth of month following date of shipment on accounts whose purchases average one (1) or 

more shipments per month; all cash discounts shall be figured on the 

net amount of the invoice after deducting sales or excise taxes, and 

all claims and allowances for defective or rejected goods. 

ARTICLE D-TRADE PRACTICES 

The following shall be Trade Practice Rules for this Division 

in addition to those set forth in Article X of Part A of this Code: 

RuLE 1. No member of this Division shall permit the storing of 

goods with customers. 

RULE 2. No member of the Industry shall ship goods on consignment except under circumstances to be defined by the Administrative 

Agency, where peculiar circumstances of the Industry require the 

practice. 

RULE 3. No member of this Division shall guarantee prices and 

floor stocks against decline or advance. 

RULE 4. No member of this Division shall permit brokers or salesmen on commission to split or divide commissions with customers. 

RULE 5. All quotations shall include a definite limited time for 

acceptance but shall be subject to price lists thereafter published. 

RuLE 6. No member shall make any contract of sale which doos not 

definitely specify quantity, price, and final date of shipment, except 

under circumstances to he defined by the Divisional Agency. 

ARTICLE E-ExcEPTIONS AND ADDITIONS TO PART A 

SECTION 1. The provisions of Article IX, Section 1, in Part A of 

this Code shall be modified as to members of this Division as 

follows: ~1embers of the Flat and Shaped Veneer Products Division 

shall file with the Administrative Agency of this Division within 

twenty (20) days after the effective date of this Code, price lists 

in accordance with the provisions of the said Article IX, Section 1, 

Part A o£ this Code. 

SECTION 2. The agency designated in Article IX, Section 1, to 

receive price lists from members of this division shall immediately 

distribute copies thereof to all members. 

THE TOOTHPICK DIVISION, UNIT NO. 6 

ARTICLE A-DEFINITIONS 

SECTION 1. The Toothpick Division shall consist of all Members of 

the Industry engaged in the manufacture of toothpicks as defined in 

Section 2 hereof. 

SECTION 2. The term "toothpick" as used in this Divisional Unit 

shall mean all toothpicks, whether round or flat, which are made 

entirely of wood. 

SEcTioN 3. The term "broker" for the purpose of tlus Division 

shall mean one who sells for a manufacturer, in the manufacturer's 

name, for the manufacturer's account, at prices and on terms and 
1. 

lVl lOll 

uh 

th 

he ... lministrativ gen . of thi Divi ion hall be 

mmitt of th Too hpi ·k In titnte. 

ARTI LE '- TR DE PR CTI E 

Th 

Part Arti 1 X ar her b 

unfair m th d of · mp tition 

i nal nit: 

in addition to tho e enumerated in 

pecifi all d lared to ·on. titute 

and ar f rbidd n un ler thi DiviR LE 1. uarant ein I nc and flo r tock a era in t d line in 

pnc . R E 2. torin of crood with cu tomer . 

LE 3. P ·rmittin broker , or al men on comm1 ·1on to . plit 

or di vi e conlmi ion with cu tomers. RULE 4. Ext ndincr term of payment b yond 60 day fTom late of 

shipment. RDLE 5. The making of contract of ale whi h do n t p eify 

d finit pric terms maximum and minimum quantiti , and final 

d liv ry date. R-cLE 6 . .1. ... o memb r of th In lu try hall gi\ any brok rage or 

oth r c mmi i n to n to whom he ell a a jobb r. 

f Arti le 

KE\\ E 1\'I. 'I N, r "IT •. 7 

ivi, i n hall 

1z r 

·mup ·n 

• ~E 'TIO ... • 1. ".,.ithin tw nty ( ~ ) lay. of tl ff dive dat f this 

d th '' ret, ry f th ... ·ational \Y o l 'k w r fanufa tur rs 
152 

A ociation shall call a meeting of all Members of this Division for 

the purpo ·e of electing the Administrative Agency of said Division. 

Due notice of this meeting shall be sent to every Member of the 

Division in writing or by such other methods as will insure all -interested parties being informed of such meeting and its purpose. SEcTION 2. The Administrative Agency of this Division shall 

consist of a Board of not n1ore than four ( 4) ~1embers, who shall 

serve for one year or until their ucce sors are elected, and shall be 

elected by the following method : 

(a) At least one :Member of the Administrative Agency shall be a 

Member of the Industry who is not a :Member of the Association, if 

there by any such, and shall be elected by a majority vote of all nonmembers of the Association present in person, or voting by letter or 

by proxy, each non-member to have one vote. 

(b) The remaining members shall be elected by a majority vote 

of all the members of said Association present in person, or voting 

by letter or by proxy, each member to have one vote. Two of these 

members shall be selected from members of the Association located 

in the North as defined in Part "A", Article II, Section 9, and one 

from the members of the As ociation located in the South as defined 

in Part "A", Article II, Section 8. 

(c) A vacancy in the membership of the Administrative Agency 

may be filled from the appropriate group by a majority vote of the 

remaining Members of the Administrative Agency, provided, however, that there shall always be a ~1ember of the Administrative 

Agency who is not a :Member of the said Association, if there be 

any such. 

(d) In addition to the members elected by the Industry, the Ad- ministrator, in his discretion, may appoint one to three non-voting 

members to represent the Administrator. 

ARTICLE C-TERl\IS OF p A Yl\IENT 

No member of the Skewer DiYision shall allow a cash discount 

in excess of the following : Two (2) percent sight draft, or two (2 ) 

percent ten days after date of invoice, or two (2) percent tenth of 

month following elate of shipment on accounts whose purchases 

average more than one hipment per month; or net thirty (30) days 

e.o.m. -

ARTICLE D-TRADE PRACTICES 

The following shall be the Trade Practice Rules for this Division 

in addition to those set forth in Article X of thi Code. 

RuLE 1. No member of this Division shall tore goods with customers. 

RuLE 2. No member of the Industry shall ship goods on consignment except under circumstances to be defined by the Administrative 

Agency, where peculiar circumstances of the Industry require the 

practice. 

RULE 3. No member of this Division shall pay or allow a commis- sion on a Federal or State Sales Tax. 

RULE 4. No member of this Division shall guarantee prices against 

decline or advance. 
153 

1v1 1 n shall rmit rok r or al s1' divide c mmi i n · wi h cu tomers. 

al hall pecif quantity pri e, and 

TI LE E- -i :X EPTIO ... T FlW I pART A F THI ODE 

:r 1. The pr vi i n of Arti le IX, ction 1 f art A of 

hall be m clifi d a tom n1ber f thi Divi i n a f llo : ~lember f th k wer Divi ion hall file with the Admini trati e 

.A_g n y f thi Divi ion within twenty (20) day after the ffective 

date of thi o le price li. t in accordan e with th provi ion f the 

said Articl IX Section 1 Part A of thi Code. 

E TIO~ 2. The Administrative Ag ncy d ignated in Part A, 

Arti le IX ection 1, to receive price li t from member of this 

Di i ion shall inunediately di tribute opie thereof to all m mb rs 

of th D i i ion. 

THE BRUSH HANDLE Al\"D BRU H BLO K DIVI ION, UNIT NO. 8 

ARTICLE A-DEFI ITION 

E TIOX 1. The Bru h Handle and Bru h Block Divi ion con i ts 

of all manuf actur r a-nd/ or fini her of wooden brush han He and. 

all wood n part thereof described in Section 2 hereo£. 

ECTION 2. The term ' Bru h Handle and Brush Blo k a u e 

in thi Divi ional Unit hall mean all wooden bru h handle · not 

xceecling 30 inches in lenoth and all finished wooden brush block ; 

including bru h s in whi h th bru h part i made of bristl , hair, 

fib r wir feath r wool and/ r grass except those produ t which 

are governed by provision of any other Code of Fair Compe ition, 

or f any other clivi ion or ubdiv1 i n of this ode. 

E TION 3. The rm As o iati n a u e l her in shall m an the 

An1 ri an Bru h Handle and ru h Block Manufactur rs A . o iation. 

ARTr 'LE -Drn r N AL An u r TRA TIVE GE TCY 

f this 
UNIVER SITY OF FLO RIDA 

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(b) The remaining members shall be elected by a majority vote 

of all the Members of the Association present in person, or voting 

by letter or by proxy, each member to have one vote. 

(c) A vacancy in the membership of the Administrative Agency 

may be filled from the appropriate group by a majority vote of the 

remaining Members of the Administrative Agency, provided, however, that there shall always be a Member of the Adminjstrative 

Agency who is not a Member of the said Association if there be any 

such. 

(d) In addition to the Members elected by the Industry, the 

Administrator, in his discretion, may appoint one to three nonvoting members to represent the Administrator. 

ARTICLE C-TERliiS OF pAYMENT 

SECTION 1. The terms of payment for this Division shall not be 

more favorable than a cash discount of 3% for payment in advance 

of shipment; 2% for payment within ten days after shipment; 1% 

for payment on or before the l Oth of any month for shipments of 

the previous month; net 30 days e.o.m.; all cash discounts shall be 

figured on the net amount after deductinO' sales andj or excise taxes 

and all claims and allowances for def ective or rejected goods. 

ARTICLE D-ThADE PRACTICES 

The following shall be Trade P ractice Rules for this Division in 

addition to those set forth in Article X of P art A of this Code: 

RULE 1. No member of this Division shall make any contract 

of sale which does not definitely specify quantity, price, and final 

date of shipment. . 

RULE 2. No member of this Division shall issue any ·invoice to a 

purchaser which does not show the terms of payment .and actual 

date of shipment. 

RuLE 3. No member of this Division shall make separ ate charges 

for containers, such as bags, barrels, boxes, or cartons. 

ARTICLE E-ExcEP:rroNs AND ADDITIONS TO P ART A 

(1) Article IX of P art A of this Code shall not be operative in 

this Division, except that the Administrative Agency may within 

sixty (60) days after approval of this Code designate any articles 

manufactured by the members of this Division on which·open prices 

shall be filed and with respect to which ·articles the pro-visions of 

Article IX shall be operative. 

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