Approved Code No. 339 Registry No. 614-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PRINTING INK 

MANUFACTURING INDUSTRY 

AS APPROVED ON MARCH 16, 1934 

WE DO OUR PART 

' . . 

UNITED STATES 

GOVER MENT PRINTING OF'f ICE 

WASHINGTON : 1934 

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

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

Printing Office, Wa hington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commet'ce. 

DISTRICT OFFICES OF THE DEPAR'l'MENT OF COMMERCE 

Atlanta, Ga.: 504 Po t 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 Torth Wells Street. 

Cle,eland, Ohio. : Chamber of Commerce. 

Dallas, Tex.: Chamber of Corr:merce Building. 

Detroit, Mich.: 801 First Nation'.11 Bank Building. 

Houston, Tes:. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 4-08 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 Commet'ce Buildi11g. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, l\:!o.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wa ·h.: 809 Federal Office Building. 
Approved Code No. 339 

CODE OF FAIR COMPETITION 

FOR THE 

PRINTING INK MANUFACTURING INDUSTRY 

As Approved on March 16, 1934 

ORDER 

APPROYIKG ConE OF F Am COMPETITION FOR THE PRINTING INK 

MANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance "ith 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 Printing Ink Manufacturing Industry, and 

hearing having been duly held thereon and the annexed report on 

aid Code, containing findings with respect thereto, having been 

made and directed to the President : o,, , THEREFORE on behalf of the President of the United 

tates, I Hugh S. Johnson, Administrator for Industrial Recovery, 

pur uant to authority ve ted in me by Executive Orders of the President including Executive Order No. 6543-A, dated December 30, 

1933 and othenvi. e; do hereby incorporate by reference said annexed 

report and do find that said Code complies in all respects with the 

pertinent provisions and will promote the policy and purposes of 

aid Title of aid Act; and do hereby order that said Code of Fair 

Competition be and it i hereby approved. 

Approval recommended: 

GEO. L. BERRY, 

HuoH S. JoH soN, 

Adm,inist'rator for Industrial Recovery. 

Division Administrator. 

"\VASHINGTON, D.C., 

March 16, 1934. 

46828°-425-90-34 (127) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Printing Ink Manufacturing Industry, conducted in 

Washington on January 15, 1934, in accordance with the provisions 

of Title I of the National Industrial Recovery Act. 

LABOR PROVISIONS 

The Code provides that no employee shall be permitted to work in 

excess of forty hours per week over any thirteen weeks' period nor 

more than forty-eight hours in any one week and further that any 

factory employee who works in excess of forty hours per week or 

ten hours per day shall be paid time and one-third for such overtime. 

From the above provisions there are excepted employees engaged 

in a managerial, supervisory, executive, or technical service capacity, 

color matchers, accounting staff and those gaged on maintenance 

repair work who are paid not less than thirty-five dollars per week. 

Also excepted are employees in automotive or horse-drawn ·delivery 

service who are not permitted to work in excess of an average of 

forty-eight hours per week in any four weeks' period, providing overtime at the rate of time and one-third is paid for hours in excess of 

forty-eight hours per week or ten hours per day; and watchmen who 

may be employed not more than fifty-six hours per week and shall 

have one full day off in each two weeks. 

The Code provides minimum wages of forty cents per hour, except 

for clerical employees, not including outside salesmen, who shall be 

paid not less than fifteen dollars per week. From the above minimum wage provisions there are excepted errand boys, office boy and 

office girls and janitors in the Southern part of the United States 

who shall be paid not less than twelve dollars per week. 

Applying to wages above the minimum, the code provides as 

follows in Section 4 of Article IV : 

"No member of the Industry shall reduce the compen ation for 

employment which on July 1, 1933 was in excess of the minimum 

wages provided herein, notwithstanding that the hours worked in 

such employment may be reduced by the provision of Article III 

hereof, and the members of the Industry shall increase the pay for 

such employment by an equitable readjustment of all pay schedules. 

The term "compensation for employment" as used herein refers 

to compen. ation per week where weekly rates were in effect on 

July 1, 1933, and average normal aggregate compensation per week 

where hourly rates were in effect on July 1, 1933." 

INDUSTRIAL LABOR BOA RD 

Provision is made for the establishment of a.n Industrial Labor 

Board, to receive and handle all matters relating to wage rates, hours 

(128) 
129 

of employment and such other matter a haYe to do with the relation hip a between employers and employee of thi In lustry. 

OTHER PROYI ION 

No specific trade practice provisions have been included in the 

Code at this time. It is provided, however, that as soon as :practical aft.er the approval of the Code and in no event later than nrnety 

clays after the organization meeting, the Administrative Committee 

sha.11 recommend to the Administrator for approval, after consideration by the Industry, a plan or plans for national credit control 

for the Industry and fair trade practice provisions to govern the 

members of the Industry for the purpose of eliminating price cutting practices and mea ures for industrial planning. 

ECONOMIC EFFECT OF THE CODE 

In this Industry there are 163 companies which have a total inYested capital of approximately $30,000,000. Twenty companies do 

8.~ % of the total volume of business which was approximately 

$28,000,000 in 1932 as compared with $40,000,000 in 1929. 

Eighty-four companies are member of the Association which 

pre ented the Code for public hearing and 138 companies assented 

to the Code as ubmitted. 

The large proportion of widely di tributed small establishments 

and the existence of productive capacity which is about double the 

annual sales, indicates the general and active competition for available busines '. As indicated in the report of the Division of Economic Research and Planning, the bu ines is highly organized on a 

~ervice ba is, both a regards the necessity of giving immediate attention to rush orders and technical assistance in solving printing 

production problems. Competition on the basis of ervice, it is further stat~d, may seem to haYe been arried to an unnecessarily high 

degree but in thi , connection the Printing Ink Industry face potential and actual comr etition from the private ink plants of large 

consumers. 

The Cen us of :Manufa ·turer indicates that in 1929, out of a total 

of 3597 per on employed in the Indu try, 2448 were wage earners. 

The number of wage earners decreased in 1931 to 2247. 

Questionnaire returns from. 74 identical establishment howed a 

decrease of 19~ in the number of factory wage earners from 1929 

through the first half of 1933. It is estimated that compliance with 

the President's Reemployment Agreement caused an increase of 

about 10% in employment during the late month. of 1933. This 

report tate. that the code provisions for an average working week 

of forty hours should, on the basis of hours worked prior to the 

President's Reemployment Agreement, increase factory employment 

about one-sixth above that in mid-1933 or to practically the 1929 

figure . 

The proportion of unskilled labor is small in this Indu try. The 

Code provision of forty cents per hour affects about 15 % of the 

wage earners. In accordance with the provi ion in Article IV Section 4, employees receiving wages above the minimum will receive no 
130 

cut in earnings although the working hours may be decreased. Inasmuch as weekly earnings were generally not decrea ed more than 

15% between 1929 and July 1933, and since earnings above the minimum may not be decreased, both average weekly earnin~s and payrolls should be increased through the operation or the code 

provisions. It is <:Stimated in the report of the Division of Economic Research and Planning that the increase in payrolls will be 

about 15%. 

FINDINGS 

I find that: 

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

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will pro- . 

vide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

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

utilization of the present productive capacity of indu tries, 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 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 provision of said Title I 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 an industrial association truly representative of the aforesaid Industry; 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. 

For these reasons this code has been approved. 

Respectfully, 

MARCH 16, 1934. 

HUGH s. JOHNSON, 

Adm,inistrator. 
CODE OF FAIR COMPETITION FOR THE PRINTING INK 

MANUFACTURING INDUSTRY 

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 Con1petition for the 

Printing Ink :M:anufacturing Industry, and upon approval by the 

President its provision shall be the standards of fair competition for 

such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "the industry" as used herein includes the 

bu ine s of manufacturing and/ or processing, for sale, any and all 

kind of printing inks and such similar products for use in printing 

a defined in Section 2 hereof. 

SECTION 2. The term '' printing ink" means and includes any combination of dyes and/ or pigments with a vehicle or vehicles and/ or 

with or without any other ingredient or ingredients, manufactured 

and/ or processed, for sale, for the pur.pose of typographic printing, 

intaglio printing, or lithographic prjnting, and any other products, 

su h as compounds, vehicles, etc., manufactured and/ or processed, 

for a like purpose. 

SECTION 3. The term " the National As ociation " means the National Association of Printing Ink :Makers, Incorporated, a corporation incorporated under the laws of the State of New Yark. 

SECTION 4. The term "Administrative Committee" means the body 

constituted to administer the provi ions of the Code pursuant to 

Article VI of the Code. 

SECTION 5. The term "member of the Industry" includes, but 

without limitation, any individual, partnership, association, corporation or other form of enterprise engaged in the Industry, either as 

an employer or on his or it own behalf. 

SECTION 6. The term "employee" as used herein includes any and 

all per ons engaged in th Indu try, however compensated. 

SECTION. 7. The term "the President", "Act", and "Administrator" as used herein mean respectively the President of the United 

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

A ~mini trator for Industrial Recovery. 

SECTION. 8. The term "the United States" means and includes 

all of the territory of the United States of America to which the 

National Indu trial Recovery Act is applicable. The term "the 

Southern part of the United States" mean and includes the States 

of Virginia, Tenne ee Arkan a , Oklahoma, New Mexico, and 

Arizona, and all States which in their entirety lie south of said 

States, and the territories and pas es ions of the United States; and 

(131) 
132 

the term "the Northern part of the United States" mean and include. all of the remaining territory of continental United States. 

ARTICLE III-HOURS 

MAXIMUM HOURS 

SECTION 1. Except as herein otherwise provided, no employee 

shall be permitted to work in excess of 40 hours per week averaged 

over any 13 weeks' period nor more than 48 hours in any one week 

beginning with the effective date of the Code. Any factory employee 

who works in excess of 40 hours per week or 10 hours per day shall 

be paid at the rate of time and one-third for such overtime. A 

norinal work day shall be 8 hours but overtime rate shall be paid 

after 10 hours of employment in any one day. 

SECTION 2. Exemption as to I--Iours. From the provisions of Sec- tion 1 the :following cla ses shall be exempted: 

(a) Employees engaged in a managerial, supervisory, executive or 

technical service capacity, chemists or color matchers and accounting staff, provided the con1pensation of said en1ployees is not less 

than $35 per week and outside salesmen. 

(b) Employees engaged on maintenance and repair work who are 

employed on a weekly ba is and who receive not less than $35 per 

week. 

( c) Employees on automotive or horse-drawn, passenger, express, 

delivery or :freight service shall not be permitted to work in excess 

of an average of forty-eight (48) hours in any :four (4) week's period, provided, that overtime shall be paid at the rate of time and 

one-third for all hours above forty-eight (48) per week or ten (10) 

per day. 

(d) Watchmen who may be employed not rriore than 56 hours 

per week and they shall have one full day off in each two weeks. 

SECTION 3. Employment by Several Employers. No employer 

shall knowingly · permit any employee to work :for any time which, 

when totaled with that already performed with another employer or 

employers in this Industry, exceeds the maximum permitted herein. 

ARTICLE IV-"\V AGES 

SECTION 1. Minim;um Wages.-N o employee shall be paid in any 

pay period less than at the rate of forty cents per hour, except as 

hereinafter provided : 

(a) Clerical employees, not including outside salesmen, shall be 

paid not less than $15 per week; 

(b) Errand boys, office boys and office girls, and janitors in the 

Southern part of the United States, shall not be paid less than $12 

per week. 

SECTION 2. Handicmpped Pers01'1,S.-A person whose earning capacity is limited because of age or physical or mental handicap 1nay be 

employed on light work at a wag-e below the minimum established 

by this Code if the employer obtarns from the State authority designated by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall 
133 

be stated in the certificate. Each employer shall file with the Administrative Committee a list of all such persons employed by him. 

SECTION 3. Pie,cewo1·k 001npensation.-This article establishes a 

minimum rate of pay which shall apply, irrespective of whether an 

employee is actually compensated on a time rate, piece-work, or other 

basis. 

u'ECTION 4. lVages Above the Minimwrn.-No member o:f the Industry shall reduce the compensation for employment which on 

July 1, 1933, was in excess of the minimum wages provided herein, 

notwithstanding that the hours worked in such employment may 

be reduced by the provision o:f Article III hereof, and the members 

of the Industry hall increase the pay for such employment by an 

equitable readju tment of all pay schedules. The term "compensation for employment" as used herein refers to compensation per 

week where weekly rates were in effect on July 1, 1933, and average 

normal aggreO'ate co1npensation per week where hourly rates were 

in effect on July 1, 1933. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under si~en (16) years o:f age shall be 

employed in the Indu try. No person under eighteen (18) years 0£ 

age shall be employed a.t operations or occupations which are hazardous in nature or dangerous to health. The Administrative C01nmittee shall submit to the Administrator within two months after 

the effective <lat of the 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 signed by the Authority in such State empowered to 

issue employment or age certificates or permits showing that the 

employee is of the required age. 

SECTION 2. In compliance with Section 7 (a) o:f the Act, it is 

provided: 

(a) That 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) That 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 cboosing, and 

( c) That 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 3. No 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 4. Every employer shall make reasonable provision for 

the safety and health of his employees at the place and during the 

hours of their employment. 
.. 

134 

SECTION 5. No provision in this Code shall supersede any State or 

Federal law 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 6. All employers shall post complete copies of this Code 

in conspicuous places accessible to employees. 

ARTICLE VI-INDUSTRIAL LABOR BOARD 

There shall be established within 30 days following approval of 

this Code, an Industrial Labor Board, to be known as the Industrial 

Labor Board for the Printing Ink 11anufacturing Industry. This 

Board shall be made up of 3 members of the Industry to be selected 

by the Administrative Committee of the Industry, and 3 members 

representing Labor and selected by the Labor Advisory Board o-f 

the National Recovery Administration, to be a pp roved by the Administrator, and one disinterested person to be selected by these six 

members, and approved by the Administrator who shall act as 

Chairman of said Board. To this Board shall be submitted all 

matters with relation to wage rates, hours of employment and such 

other matters as have to do with the relationship as between employers and employees of this Industry. 

ARTICLE VII-ADMINISTRATION AND POWERS OF THE ADMINISTRATIVE 

ConrMITTEE 

SECTION 1. The administration of the Code shall be under the 

direction of the Administrative Committee. Said Administrative • 

Committee shall be com.posed as follows: 

(a) The President of the National Association. 

(b) Each member of the Industry whose dollar sales aggregate 

three million dollars or over for the calendar year next preceding 

the date of election shall be entitled to appoint one member on the 

Administrative Committee. 

( c) From among and by those members of the Industry whose 

dollar sales aggregate one-half million dollars or more and less than 

three million dollars for the calendar year next preceding the date 

of election, two members of the Administrative Committee shall be 

elected as hereinafter provided. 

(d) Fron1 among and by those members of the I11dustry, not 

included in subdivisions (b) and ( c) set forth above, whose principal places of business are locat€d i~ the region~ hereinbelow described, there shall be elected as heremafter provided, one member 

of said Administrative Committee for each of said regions. 

( e) In addition to membership as above provided, there may be 

one member, without vote and without expense to the Industry, 

to be appointed by the Administrator. 

Each member of the Administrative Committee shall represent 

on the Ad1ninistrative Committee the interest or group or region 

by which he was elected or appointed. 

For the purpose hereof, the regions referred to in subdivision ( d) 

above are as follows; 
135 

(1) Chicago Region.-Includes all of the States of \Visconsin, 

Minnesota, North Dakota, South Dakota, Nebra ka, Iowa, and Wyoming; that portion of the State of Montana which lies east of the 

Rocky ~Iountains and that part of the State of Illinois which is 

north of the Cities of Springfield and Decatur, including such cities; 

(2) Cincinnati Region.-Includes that part of the State of Ohio 

south of and including the City of Newark; that part of the State 

of Indiana south of the City of Terre Haute, but not including said 

city; all of the States of Kentucky, West Virginia, Tennessee, Missi sippi, Alabama, Georgia, and Florida; 

(3) Det1·oit Region.-Includes all of the State of Michigan; that 

part of the State of Indiana north of and including the City of Terre 

Haute; that part of the State of Ohio north of but not including the 

City of Newark; that part of the State of Pennsylvania west of and 

including the Cities of Oil City and Duquesne; that part of the State 

of New York west of the Cities of Olean and Rochester, but not 

including those cities; 

( 4) New York Region.-Includes all of the New England States 

and that part of the State of New York east of and including the 

Cities of Olean and Rochester, and that part of the State of New 

Jersey north of and including the City of Trenton; 

(5) Pacific Oo~t Region.-Includes all of the States of Washington, Oregon, Idaho, California, Nevada, Utah, and Arizona; and 

that portion of the State of 1\1:ontana which lies to the west of the 

Ro ky Mountains; 

( 6) P hiladelphria R egion.-Includes that part of the State of 

Pennsylvania east of the Cities of Oil City and Duquesne, but not 

including those cities; that part of the State of New Jersey south of 

the City of Trenton, but not including said city; and all of the 

States of Delaware, Maryland, Virginia, North Carolina, and South 

Carolina; 

(7) St. Lou'MJ Region.-lnclude that part of the State of Illinois 

south of the Cities of Springfield and Decatur, but not includin~ 

those cities; and all of the States of Colorado, Kansas, Missoun, 

Oklahoma, CL rkansas Texas, Louisiana, and New Mexico. 

SECTION 2 (a) Upon election, as hereinafter provided, to membership on the Admini trative Committee, each member of the Administrative C01m11ittee shall within ten (10) days designate and place 

on file with the Secretary of the Administrative Committee the 

name of a particular person from his _group or region as alternate, 

who shall act for said member on said Committee in his absence. 

(b) No member of the Industry shall have more than one member 

on said Administrative Committee or more than one vote for each 

member of the Administrative Committee for which such member of 

the industry is entitled to vote. 

(c) The tenure of office of members of the Administrative Committee shall be one year from the date of election or until their successors have duly qualified in accordance with the provisions of this 

article; provided, however, that the first elected Administrative 

Committee shall serve until :IYiay, 1935. Elections, after the first 

election, shall be held annually on the first Tuesday of May of each 

year commencing in 1935. 
136 

( d) The Admini. trative Committee shall act only at a meeting 

thereof, and the attendance of eight member in per on or by alternate and not by other proxy shall be required to constitute a quorum. 

Except as may otherwise be provided, no action of the Committee 

shall be effective unless authorized b:y the vote of at least two-thirds 

of the entire authorized membership of the Committee. At any 

duly constituted meeting any member of the Administrative Committee may vote or act by proxy given in writing to another member 

of the Administrative Committee. The vote or act of such proxy 

shall be as effective as the vote or act of the member appointing such 

proxy. Subject to the express provisions of the Code, the Administrative Committee shall have the power to adopt its own rules of 

procedure and to prescribe the duties of its officers and others elected 

or appointed by the Committee. 

( e) Any vacancy or vacancies in the membership of the Administrative Committee shall be filled in the same manner and by the 

same interest, group, or region as is herein proYided for the original 

filling of such membership. 

(f) The Administrative Committee may from time to time elect 

from its own member hip a Chairman and Vice Chairman and may 

appoint one or more individuals, who need not be members of the 

Administrative Committee, to act as Secretary and/ or Trea urer 

of the Administrative Committee. All such officer named herein 

or from time to time elected or appointed by the Ad mini tra ti ve 

Committee as herein provided hall ~erve during the plea ure of the 

Administrative Committee. 

(g) The Chairman, Vice Chairman, Trea urer, and the members 

of the Administrah, e Committee shall serve without compensation, 

but each of such officers and each member of the Admini trative 

Committee shall be entitled from time to time to be reimbursed from 

funds collected in accordance with Section 8 of thi Article "\ II for 

all reasonable expenses incurred by him in fulfilling hi duties as an 

officer or member of the Adminj trative Committee. The Administrative Committee shall have the power to fix the compensation 

of the Secretary of the Committee. 

SECTION 3. Nomination , election , and appointment for members 

of the Administrative Committee described in Section 1 above hall 

be effected, subject to the approval of the Administrator, as follow-s: 

(a) Appointments shall be made in writing by regi tered mail addressed to the Secretary of the Administrative Committee and 

mailed not later than midnight of the election date. 

(b) Immediately upon the approval of the Code by the Pre ident 

the Secretary of the National Association shall notify every member 

of the Industry known to him that the Code is in effect, and shall 

call region and group meetings for the purpose of making nominations for me1nbership on the Administrative Committee and de ignate a person in each such group or region to act as Secretary of such 

meeting. Immediately after the holding of said meeting the Secretary of each meeting shall notify the Secretary of the National 

Association of the per on or persons so nominated, and as soon as all 

such nominations have been received by the Secretary of the National 

Association he shall fix a date for the first election of members of 

the Administrative Committee (which shall not be less than 10 nor 
137 

more than 40 days thereafter), and shall notify every member of 

the Industry known to him thereo:f, and shall also notify every member of the Industry known to him to be entitled to vote thereon, as 

provided in this Article, o:f such nominations. The first election for 

membership on the Administrative Committee shall then be con- ducted in the same manner as is hereina.fter provided for subsequent elections. For the purpose of this first election only, each 

member of the Industry shall certify in writing to the Secretary 

of the National Association, on his request, the election group and/or 

region to which such me1nber belongs. 

( c) For the purpose of all subsequent elections, at least twenty days 

prior to the election date the Administrative Committee shall duly 

make nominations of candidates to be elected by the respective groups 

described in subdivisions (c) and (d) o:f Section 1 hereof, and in 

the latter case by regions, which nominations the Secretary of the 

Administrative Committee shall send to every member of the Industry entitled to vote thereon. In the event that the Administrative 

Committee fails to make such nominations, the Secretary of the 

Administrative Committee shall notify every member of the Industry 

to that effect at least fifteen days before the election date. N ominations shall not be restricted to those made by the Administrative 

Committee, and any member of the Industry entitled to vote may 

nominate and vote for any candidate of his own choosing, within 

his proper group or region, provided said nomination shall be filed 

with the Secretary of the Administrative Committee at least ten days 

prior to the date of election with the written endorsement of at least 

twenty percent of the members of the Industry, included in the gToup 

and/ or region for which such nomination is made. 

( d) For the purpose of all electionshvoting shall be by registered 

mail, addressed to the Secretary of t e Administrative Committee 

( or in the case of the first election, to the Secretary of the National 

Association), on a form of ballot prepared by either the Administrative Committee or the voter. All ballots to be counted must be mailed 

not later than midnight of the election date to the office of the Secretary. Every candidate receiving a plurality of all votes recorded 

from his group and/or region shall be deemed to have been elected. 

Within ten days after the election date the Secretary of the Administrative Committee ( or in the case of the first election the Secretary 

of the National Association) shall, by mail, inform every member of 

the Industry of the names of the persons appointed and elected to 

member hip on the Administrative Committee, and the Administrati-ve Committee shall meet for organization purposes upon the call 

of said Secretary within two weeks thereafter. 

SEcTio:N 4. Each trade or industrial association directly or indirectly participating in the selection or activities of the Administrative Committee shall (1) impose no inequitable restrictions on 

member hip, and (2) ubmit to the Admini ·trator true copies of its 

articles of association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to 

membership, organization, and activities as the Administrator may 

deem nece ary to effectuate the purposes of the Act. 

SECTION 5. In order that the Administrative Committee shall at 

all times be truly representative of the Industry and in other respects 
138 

comply with the proYi ion · of the ode, the Administrator may pre-

.__cribe such hearings as he may deem proper; and thereafter if he 

shall find that the Admini trative Committee is not truly representative, or does not in its By-Laws, Rules and Regulations or in other 

respects comply with the provi ions of the Act and of this Code, 

may require an appropriate modification in the method of selection 

and composition of the Administrative Committee, or in its By-Laws, 

Rules or Regulations. 

SECTION 6. Members of the Industry shall be entitled to participate in and share the benefits of the activities of the Admini trative 

Committee and to participate in the selection of the members thereof 

by a senting to and complying with the requirements of this Code. 

POWERS AND DUTIES 

The AdministratiYe Committee hall have the power to promul-:-

gate for the Industry such rules and regulations as may be proper 

to effectuate the purposes of the Act and the provi ions of the Code 

including the following: 

SECTION 7. From time to time to appoint and remove all agents 

and fix their compensation as the Administrative Committee hall 

deem necessary or proper for the purpose of administering the Code. 

SECTION 8. To levy and collect from each member of the Industry 

an equitable and proportionate payment of the reasonable expen es 

of maintaining the Administrative Committee and its activities and 

to defray all reasonable expenses arising out of the preparation and 

administration of the Code. Such reasonable share of the expense of 

admini tration shall be determined by the Administrative Committee, subject to review by the Administrator, on the basis of volume 

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

SECTION 9. To obtain from member of the Industry uch information and reports as are required for the admini tration of the Code 

and to provide for submi sion by members of such information and 

report as the Administrator may deem neces ary for the purpo es 

r ecited in Section 3 (a) of the Act, which information and reports 

shall be ubmitted by members to such Federal and State agencies 

as the Administrator may designate; nor shall anything in the Code 

r elieYe any per on of any existing obligations to furnish reports to 

Government agencies. No information of a confidential nature shall 

be di seminated by any F ederal or State agencies individually to the 

Industry or to the public unless in combination with other like 

data so as not to di close individual company data. 

SECTION 10. To make recommendation to the Admini trator for 

the coordination of the administration of this Code with uch other 

codes, if any, as may be related to the industry or affect members 

of this Industry. 1

ECTION 11. To recommend to the Administrator, after consideration by the Indu try, as soon as practicable after the approval of 

the Code and in no event later than 90 days after the organization 

meeting, a plan or plan for national· credit control for the industry 

and fair trade practice provision to govern the members of the 

Industry for the purpose of eliminating destructive price cutting 

practices and measures for industrial planning, provided that no 
139 

such recommendation will be ubmitted to the Admini trator for 

hi appr val if objected to by the numerical majority of each of 

any two of the groups b, c, and d, de crib d in Section 1 of this 

Article. SECTION 12. If the Administrator shall determine that any action 

of the A lministrative Committee or any agency thereof may be 

unfair or unjust or contrary to the public interest, the Administrator ma:y require that such action be su pended to afford an opportunity for inve tigation of the merits of such action and further 

con ideration by such Administrative Committee or agency pending 

final action which hall not be effective unless the Administrator 

approves or unless he shall fail to disapprove after thirty days' 

notice to him of intention to proceed with such action in its original 

or modified form. 

ARTICLE VIII-AMENDMENTS 

SECTION 1. This Code and all the provisions thereof are expressly 

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

provisions of subsection (b) of Section 10 of Title I of the National 

Industrial Recovery Act, from time to time to cancel or modify any 

order, approval, license, rule, or regulation issued under said Act. 

SECTION 2. This Code, except as to provisions required by the 

National Industrial Recovery Act, may be amended on the basis of 

experience or changes in circumstances, such amendments to be ba ed 

upon application to the Administrator and such notice and hearing 

as he shall specify, and to become effective on approval of the President, but no proposed amendments shall be submitted by the Admini trative Committee to the Administrator for his approval if objected. to in writing by a numerical majority of each of any two 

of the groups b, c, and d, described in Section 1 of Article VII hereof, 

after submission to the Indu try. 

ARTICLE IX-EFFECTIVE DATE 

This Code hall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 339. 

Registry No. 614-1-01. 

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UNIVERSITY OF FLORIDA 

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