Approved Code No. 411 Regis!ry No. 1133-1-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BANK AND SECURITY VAULT 

MANUFACTURING INDUSTRY 

AS APPROVED ON MAY 1, 1934 

WE DO OUR PART 

u.8. OE~ll1GIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Docwnents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication i. for sale by the u11 rintondcnt of Document , Gov nunent 

Printing Office, Wa._hington, D.C., uml by di~tri ·t office of the Bur au of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Po t Offi ce Bui:dino-. 

Birmino-liarn, Ala.: 257 Federal Building. 

Bo ·ton, :.\lass. : 1801 Cu tomhouse. 

Buffalo, N.Y.: 'hamber of Commerce Buildiog. 

Charle ton, · .0. : Cb amber of Commerce Building. 

Chi ago, Ill.: Suite 1706, 201 North \Velis Street. 

Cleyeland, Ohio: Chamber of Comrne1·ce. 

Dalla , Tex.: hamber of Commerce Building. 

Detroit, Mich.: 01 First National Bank Building. 

Hou ton, Te:s:.: Chamber of omrnerce Buildino-. 

Indianapolis, Ind. : harnber of rnmerce Buildiug. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kan. as City, l\lo.: 102 Baltimore Avenue. 

Los Aogele , Cnlif.: 1163 South Broadway. 

Louisville Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federnl Building. 

Minneapolis. Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Ou tomhouse. 

Norfolk, Va .: 40G East ·Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh. Pa. : hamber of ommerce Building. 

Portland, Oreg. : 215 New. Post Office Building. 

St. Loui , Mo. : 506 Olive Str "t. 

San Frnnci co, alif.: 310 u,tombou-e. 

Seattle, Wnsh.: 09 Federal Office Building. 
Approved Code No. 411 

CODE OF FAIR COMPETITION 

FOR THE 

BANK AND SECURITY VAULT MANUFACTURING 

INDUSTRY 

As Approved on May 1, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE BANK AND SECURITY 

VAULT MANUFACTURING INDUSTRY 

An application having been duly made pursuant t o and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Bank and Security Vault Manufacturing 

Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, 

having been made and directed to the President: 

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

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

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

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

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

pertinent provisions and will promote the policy and purposes of 

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

Competition be and it is hereby approved. 

HUGH 8. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended: 

A. R. GLANOY, 

Divuion Adminstrator. 

w ASIDNGTON, D.C., 

Mmy, 1 1934. 

66153°-544-6--34 (539) 
REP RT TO TIIE PR • ~ IDE1 T 

'I he PnE IDE TT 

The Tr hite Hou 

m: Thi i a rep rt on the ode of Fair omp titian for the 

Bank and e urity ault :Manufactnrino· In n ~tr and on the Public H arino· con luct cl thereon in ,va hino-ton D. . on March 

L.'Oth, 1934 in accordan e with th provi ·ion,· of the ati nal Indu -

trial R cov r , Act: 

OF THE ODB AS TO WAGE' .\ .i. D II R 

Thi C le provides for a maximmn working period of forty (40) 

hours per w ek, ight (8) hour · in any twenty-four (24) hour period, 

and ix (6) clays per week. The followino· are excepted : 

(a) E:xecutiYes, managerial and supervi ory employees receiving 

more than thirty-fiye dollar · ($35.00) per week and out ide ale men. 

(b) Employees on emerg ncy maintenance or repair work who are 

to be paid at least one ancl one-half (11⁄2) time. the normal rate for 

time worked in eXC"'S of eight (8) hours per clay, or forty ( 40) hours 

per week. 

( c) Employees meeting the requirement o-f peak demand for any 

six ( 6) weeks in any six ( 6) month ' period beo·inning January 1 t and July 1st of each year who are to be paid not less than 

one and one-half (11⁄2) times the normal rate for time worked in 

exce s of eight (8) hour in any one day, forty ( 40) hour in any 

one week and Sundays or legal holidays. 

(d) Wat hmen who are not to be employed more than forty-cio-ht 

( 48) hours per week. 

Thi Code proYi les f r minimum. rate f pay of forty cc nt ( 4.0¢) 

per hour. It ptoYide · for minimum rates of pay foi· oflic employee 

of fifteen lollar ($15.00) per week. 

Child labor is prohibite l, an l no p rson un ler i ·hteen (18) 

years of age may be mployecl at occupation or operation which 

are hazardous in na.tur or cJano-crou to health. 

Provision · arc ma l for postino· of com1 lete copie · £ th ode 

an l any amendment or mo lifications which may later be a1 pro-red. 

Provisions are made for the e tabli hment by the A(lmini -tn1tor 

of an Indu trial Relation. Boar l 011. i ting £ an cqnal number 

of reprc entatives of mployer ancl employ '· dealing ,~1ith matt rs 

1\Jating t labor. 

I~ :o~OI\II" EFFE 'T:-, OF T H E : DE 

Th nclu.try in Hm2 operatccl at about' 7.W l oi th 0 1030 Y lume 

,,hen crn pl (J.1 •cs num b0 rrd abou :..,1 :.> 1. Report:-; a vailablc f r th 

fir·· part of h yra r of 19 3 ·how the ,oJ um of bu. in ·. ha · prob-

((HO) 
541 

ably not exceeded the 1932 level. The present 1~n!nb~r of employees 

is about 52.8% of the number employed c1nring the year 1930, or 

about 1,135. No data is available on employment in 1929 for this 

Industry. . It develop · that the wage scale proposed under the Code has been 

in effect since August 1933, due to compliance with the President's 

Reemployment Agreement. A previous increase in wages is shown 

in July 1933. These increases, which the Code maintains, represent 

an increase averaging roughly twenty per cent (20%) over the 

1929 average rates. 

Man-hours for 1933 are based on a twenty-eight (28) hour week; 

consequently, until there is an increase in production activity and 

man-hour requirements, little increase in employment will be 

caused by the adoption of the forty ( 40) hour week proposed in the 

Code for this Industry. 

The Industry depends almost entirely on the activity of bank 

construction and has been severely affected by the decline of general 

construction and bank construction. 

It is expected that the adoption of the Fair Trade Rules established 

in this Code will stabilize the Industry and materially assist in 

returning it to a healthy basis of operation. 

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

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

I find that: 

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

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of 

industry for the purpose of cooperative action among the trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanctions and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production ( except as may be tern- . porarily 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 provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative o:£ 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. 
542 

(f) Th ncrao- in oth r t p of th n m.ic pr cess have 

not b n d priv d f th right t be h ar 1 pri r to appro al of said 

C de. 

F r th r a n h r fore, I hav appr cl thi Code. 

Re p ctfully, 

J\{AY 1, 1934. 

HOH . Jon o , 

Administrator. 
CODE OF FAIR COMPETITION FOR THE BANK AND 

SECURITY VAULT MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Bank and Security Vault Manufacturing 

I ndustry, and shall be the standard of fair competition for such 

I ndustry and shall be binding upon every member ther,eof. 

ARTICLE II-DEFINITIONS 

Whenever used in this Code or any schedule appertaining hereto, 

the terms hereinafter defined shall, unless the context shall otherwise 

clearly indicate, have the following resp2ctive meanings: 

1. The term "Industry" means the fabrication, manufacture, construction, installation, sale, repair and service of bank and security 

vaults and the usual equipment therefor. 

2. The term "member of the Industry" means anyone engaged in 

the Industry as defined above. 

3. The term "Association " means the Association of Bank & 

Security Vault Manufacturers of America. 

4. The term "employee" means and includes anyone engaged in the 

industry in any capacity receiving compensation for his services irre- ~ spective of the metho~i of payment of such compensation except a 

member of the Industry. 

5. The term "employer" means anyone by whom any employee is 

compensated ·or employed. 

6. The terms" the President", "Act", and "Administrator" mean, 

respectively, the President of the United States, 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 

forty (40) hours in any one week or eight (8) hours in any twentyfour (24) hour period nor more than six (6) days per week, except 

as herein otherwise provided. · 

SECTION. 2. The maximum hours fixed in Section 1 shall not apply 

to employees engaged in an executive, managerial or supervisory 

capacity who receive more than thirty-five dollars ($35.00) per week, 

and outside sale men. 

SECTION 3. The maximum hours fixed in Section 1 shall not apply 

to any employee on emergency service, emergency maintenance, or 

emergency repair work involving breakdowns or protection of life 

or property, but in any such special case at least one and one-hal£ 

(I1⁄2) times his regular rate shall be paid for hours worked in 

excess of eight (8) hours per day or forty ( 40) hours per week. 

(543) 
544 

CTI ~ 4. r quir 1 1 nts f l ak d man l th h urs 

fix l in cti n 1 hull n t a11ly fr an ix (6), k in any six 

(6) month p ri 1 b o-jnning ,January 1 and Jul 1 of a h ar6 

pr Yi l d tha n rnplo. · hall b I rmittecl t w rk in ex t 

f rty- i 0 ·ht (·1 h ur I r w k and I ro i l 1 that n t l than one 

and one-half ( 11⁄2 ) tin1 the r ular rat i paid to a h 1 plo e 

for all ime work cl OY r i ·ht ( ) h ur in any n lay r f rty 

(40) hour in any n we k an 1 I rovi 1 1 further that an mplo e working n un<lay or leo-al holida hall b pai 1 not 1 · 

than on and on -half {11⁄2) tim hi r gular rat for all tim 

worked. 

E TION 5. , atchm ma b permitted to work oot in ,· f 

fort}- ight ( 4 ) hour per week. _ 

ECTION 6. o employer shall knowingly permit an cmplo ·ee to 

work for any time which when totaled with that already p rformed 

for another employer or employ r xc els the maximum permitt d 

herein. 

ECTION 7. Employer who p r nally perform manual work or 

are engaged in mechanical operations hall not exceed the pre rib l 

maximuni number of hours. 

ARTICLE IV-· v\ AGES 

ECTION 1. No employee shall be paid le than at the rate of 

forty ( 40) cents per hour except a herein otherwi e expre ly 

provided. 

SECTION 2. No employee engaged in office or clerical work hall 

be paid les than the rate of fifteen ($15.00) dollar p r week. 

SECTION 3. All rates which are now in excess of the aboYe minima 

hall be promp ly and equitably adju ted and in no ca ·e hall they b 

decreased. vVithin fift 0 en ( 15) days after the effective elate of the 

Code every emplo 1 er in the Indu try c.:hall file a complet tatement 

of all such equitable aclju tment with the Code Authority who ·hall 

furnish same to the Aclmini trator at his request. 

SECTION 4. This Article establishes a minimum rat of pay regardless o.f whether an employee is compensate 1 on , time-rat , 

piecework, or other bas1s. 

SECTION 5. Female employe pcrf rming sub tantiall th . am 

work as mal emr loyees shall re eiv the am rate of pay a 

male employee ; and where they displace men they hall re iY 

the ame rate of earnino·s a the men they di place. Tl ode uthority hall within ninety (~O) days after the effcc fr lat file 

with the Admini trator a, de cription of all occupation in "·hi h 

both men and ·women are emplo 1 ed. 

SEcTrnx 6. A p r. on who e earning capaci y i limit l b an ·e 

of age phy ·ical or mental handicap, or other in.6.nnit may be 

employed on light work at a ag b low the minimum tnbli he l 

by the oJ if the mploy r obtain fr m the tat auth rit. de ·i ·-

natecl by th nit d ~ tat D partment of Labor a rtifi ate 

authorizing such per on'· mr loym nt at uch wa · and f r E=U h 

hour. a. shall b tate 1 in the certificate. uch authorit , hall be 

gni d by th in tru ti n f th Unite 1 tn.tes cpartm nt f 

Labor in i suing certificates to such per on . ~ a h mpl y r shall 
545 

file monthly with the Code Authority a list 0£ all such persons 

en1ployed by him, showing the wages paid to, and the maximum 

hours of work for such employee. 

ARTICLE Y-GENJ<::RAL LABOR PROVISIONS 

SECTION 1. As requirecl by Section 7 (a) of Title I of the National 

Industrial Recovery Act, it is hereby provided 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. 

No employee and no one seeking employment shall be required 

as a condition of employment to j-oin any company union or to 

refrain from joining, organizing, or ac;:sisting a labor organization 

of his own choosing. · 

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 2. No person under sixtee:11 (16) years of age shall be 

employed in the Industry nor any one under eighteen ( 18) years of 

age at operations or occupations hazardous in nature or detrimental 

to health. The Code Authority shall submit to the Administrator 

before ninety (90) clays a list of such occupations. In any State an 

employer shall be deemed to have complied with this provision if 

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

Authority in such State empowered to issue employment or age 

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

age. 

SECTION 3. ,iVithin each State this Code shall not supersede any 

laws of such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of labor, or 

health, fire, or general working conditions than under this Code. 

SECTION 4. Employers shall not reclassify employees or duties of 

occupations performed 01· engage in any other subterfuge so a to 

defeat the purposes or provision~ of the Act or of this Code. 

· SECTION 5. Every employer shall make reasonable provisions for 

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

hours of their employment. Standards for safE'ty and health shall 

be submitted by the Code Authority to the Administrator for 

approval within six months after the effective date of this Code. 

SECTION 6. All employers shall post and keep posted copie of 

this Code in conspicuous places acces ·ible to all employees. Every 

member of the Industry shall comply with all rules and regulations 

relative to the posting of provisions of Codes of Fair Competition 

which may from time to time be prescribed by the Administrator. 

SECTION 7. There may be established by the Adm,inistrator an 

Industrial Relations Board for the Industry consisting of an equal 

number of representatives of employers an l employees to deal ·with 

all matters in the Code relating to labor. "'\Vhere. a majority agree-

• 
54G 

m nt an not b1: r a ·hed the Board shall s le t an impartial chairman to r ncl r n cl i. ·ion. Th r ation and functioning of these 

Board.', in lwli11g th scle (ion f r pre "ntativ of rnploy es shall 

l,e in ac · nlan with ection 7 of th A i. If no truly r pr entati ,· L bor organization exists the mploy m mb r of u h 

Board shall b.., hosc:1 b th L alJ r Advisory oarcl of th ational 

R ,, r,v 1 mini. ·tra ion. 'l he m ploy r r 1 r sen ta ti ve hall be 

h ,'en b · th ~od Authority. The In u trial R lati ns Board 

may e -tabli ·h . u h nb: icliary ao- rn:ie ·on.t ituted in lik 

it fin d n · ary. 

Ann 'LE VI-AoML' 1 STRATION 

ECT10 1. Oro-anization and constitution of ode Authority: 

(a) The Code Authority shall consi t of five individual , to be 

lected a hereinafter set forth. The Administrator, in hi discr etion may appoint not more than thr e additional members who 

hall serve without votes and without expen e to the Inclu -try. 

(b) :Member of the Code Authority shall be elected by members 

of the Industr. at a meeting held under the supervi ion of the A ociation ,vithin ten (10) days after the eff ective date of the ode. 

( c) Each trade or industrial association dire tly or indire tly participating in the selection or activities of the Code Authority shall: 

(1) impo e no inequitable restrictions on membership and (2) ubmit to the Administrator true copies of its articles of as ociation, bylaws regulations, and any amendments when made thereto together 

with uch other information as to member hip, organization, and 

activities as the Administrator may deem neces ary to effectuate the 

purpose of the Act. 

( cl) In order that the Code Authority shall at all times be truly 

repr entative of the Industry and in other re pects ompl with 

the provisions of the Act, the Administrator may I re ribe such 

hearings a he may deem proper· and ther after if he hall find 

that the Code Authority is not truly representative or doe not in 

other re pects comply with the provisions of the Act may require an 

appropriate modification in the method f election of th Code 

Authority. ( e) Members of the Industry !;,hall be entitled to participate in 

and share the benefits of the activities of the ode Authority and to 

participate in th selection of the member thereof by a enting to 

and complying with the requirements of thi Cod and u taining 

their reasonable share of the expenses of its a lministration. u h 

rea onable share of the expenses of administration . hall be determined by the Code Authority, ubj ect to review by the Admini - trat r on the ba i of volume of bu iness and/ or such oth r factors 

a may be deemed equitable. 

(f) thing contained in this ode hall on -titut th 111 mber 

d th ] uthorit , partn r for any purpo e. r hall any 

member f the od uthority be liabl in an manner to anyon 

for an act of any ther m mber offic r ao- nt r mploy e f th e 

od uthority. r hall any memb r of the C de uthority, 

ex r i in · rea onable lili o- n in the con lu of hi dutie h r - und r be liabl to an on f r any action r omi ion to a t under 

thi. ocle xcept for hi wn willful mi f a an or non-f a an . 
/547 

POWERS AND DUTIES 

SECTION 2. The Code Authority shall have the follow_ing furt4er 

powers and duties, the exercise .of which shall be reported to the 

Administrator and shall be subject to such rules and· regulations as 

he m.ay issue :. . .. (a) To insure the execution of the provisions -0f this Code and 

provide for the compliance of th~ Industry with the provisions of 

the Act. . (b) To adopt by-laws and rules and regulations :for its procedure 

and for the administration and complianre with the Code. 

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

and reports as are required for the administration of t4e Code and 

to provide for submission by members of such information and 

reports as the Administrator may dee111 necessary for the purposes 

of Secti9n 3 (a) of the Act, which informati9n and reports shall be 

submitted by members to· such .administrative and/-0r government 

agencies as the Administrator may designate; provided that nothing 

in this Code shall relieve any member of the Industry of any existing 

obligations to furnish reports to any government agency. No inclividual reports shall be disclosed to any other member of the Industry 

or any other party except to such agent of the Code Authority as it 

may designate or to such governmental agencies as may be directed 

by the Administrator. 

( d) To use such trade associations and other agencies as it dee1ns 

proper for the carrying out of any of its activities provided £01.· herein, provided that nothing herein shall relieve the Code Authority 

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

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

with the provisions hereof. 

( e) To make recommendations to the Adm.inistrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

( f) To secure from members of the Industry an equitable and 

proportionate payment of the reasonable expense · of maintaining the 

Code Authority and its activities. 

(g) To cooperate with the Administrator in regulating the u. e 

of any National Recovery Administration insignia solely by those 

members of the Indu try who have assented to, and are complying 

with, this Code. 

(h) To recommend to the Administrator further fair trade prac- tice provisions to govern members of the Industry or with other 

Industries and to recommend to the Administrator for industrial 

planning, including stabilization of employment. 

(i) In or ler to assi -t in making effective the reports from the 

Industry and in eliminating unfair competition, the Code Authority 

shall, within one month after the effective date of the Code, appoint 

a committee so constituted as to give due consumer and governmental 

representation, to make a tudy, with a view to the establi hment of 

classification and standards of quality of products of the Indu try, 

whereYer such standards are deemed :£ea ible. The finding and recommendations of this committee shall, within one year, b submitted 

to tho Administrator, and after such hearings as he may designate, 
54' 

and npon n pprov:.il by h · m, sha ll be rnnd a part of this Code and 

hall b binding upon ev r. m mb r. 

(j) \\.,.ithin thirty (' ) cln !:; aft r th approval of t.hi Code the 

de Auth rit} ·hall au. to b formnlat 1 a o t formula ub-ject to 

th ap1 roval f th lmin.i: rat r whi h t f rmula ha11 t forth 

th item t b in lu l d and th items to b ex lud d in arriving at 

t a n cl in thi od . ECTI _, 3. p ial a lmini rative provi ion : 

If the dm.ini trator hall d termin that any acti n of th od 

Authority or any ao-ency ther of may be unfair or unju tor ·ontrar, 

to the publi interest, the Adminfstrator may requir that . u ·h 

action be u pended to afford an opportunity for inv t~ation of the 

merits of such action and further consideration by the vod Authority or agency pending final action which shall not be effective nnle. 

the Admini trator approve or unless he shall fail to disapprove aft r 

thirty (30) day notice to him of intention to proceed with such 

2.ction in its original or modified form. 

ARTICLE VII-UNFAIR PRACTICES 

The act set forth in Schedule "A' attached hereto and made a 

part hereof are and shall constitute unfair practices and unfair m thods of competition. All such unfair practices and all other practices 

which shall be declared to be unfair practices by any amendment to 

this Code shall be deemed to be unfair methods of competition and 

the using or employing of any of them directly or indirectly hall be 

deemed to be a violation of the Code. 

ARTICLE VIII-AMENDMENTS 

1. Thi Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of sub ection (b) of Section 10 of the National Indu trial 

Recovery Act from time to time to cancel or modify any ord r 

approval license, rule or regulation issued under Title I of ·aid 

A t and pecifically, but without limitation, to th rio-ht of the 

Pre ident to can el or modify his appro al of this Col or an conditi n in1po ed by him upon his approval thereof. 

2. This Code, except as to provisions required by the A t ma , be 

modified on th basi of experi nee or change in circum tance . such 

modifications to be ba eel upon application to the Admini trator and 

uch notice and hearing a he shall specify, and to become effective 

on approval of the President. 

ARTICLE IX-MONOPOLIES 

No provi ion of this Code shall be so appli d as to permit monopoJie or m n polistic practi es, or to eliminate, ppr "' or di criminate 

again t mall nterpri e . 

ARTI LE X-EFFE TIVE DATE 

Tl i. od hall be ·ome e:ff tive t n (10) days aft r a-1 proval by 

the PP i lent. 

Approved 'o(l No. 411. 

Registry -Xo. 113 1- 05. 
SCHEDULE "A" 

TR.ADE PRACTICEJS 

The following practices constitute unfair methods of competition for members of the Industry and are prohibited: 

1. The selling of any product of the Industry at a price below his own individual cost provided that any member of the Industry may meet the price 

competition of any other member whose costs under this Code are lower. 

Provided that the provisions of this paragraph shall not be deemed to apply 

to or affect the sale of any product for direct shipment in export trade by any 

member of the Industry within the meaniug of the term " Export Trade " as 

it is used in the Export Trade Act. 

2. ·withholding from or inserting in any invoice a false record, wholly or in 

part, of the transaction represented on the face thereof, and the payment or 

allowance of secret rebates, secret refunds, secret credits, unearned discounts 

( whether in the form of money or otherwise), or the extension to certain 

purchasers of prices, services, privileges not extended to all purchasers of the 

same class under like conditions. 

3. Defaming a competitor directly or indirectly, by woeds or acts which 

impugn bis business integrity, bis ability to keep bis contracts, bis credit 

standing, or the quality of bis products. 

4. Imitating or simulating the trade mark, trade name, package, wrapper, 

or label of a competitor's product to such a degree as to deceive or have a 

tendency to deceive customers. · 

5. 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, ag-ent, or representattve of another in r elation to the business of the employer of such employee, the principal of such agent or the 

represented party, without the knowledge of such employer, principal or party. 

Commercial bribery proYisions shall not be construed to prohibit free and 

general distribution of articles commonly used for advertising except so far 

as such articles nre actually used for commercial bribery as hereinabove 

defined. 

6. False marking or branding of any product of the Industry which has the 

tendency to mislead or dcceiYe customers or prospective customers, whether 

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

finish or preparation of any product of the Industry, or otherwise. Refinished 

products of competitors' manufacture when sold may be marked as sold by the 

Yendor with the following words: " From the" or " Sold by the" seller 

or vendor in place of bearing the original manufacturer's name. 

7. J\Iaking or causing or knowingly permitting to be made or published any 

false, materially inaccurate or deceptive statement, by way of ad,ertisement 

or othenYise. whether concerning the grade, quality, quantity, substance, 

character, natur", origin, size, finish, or preparation of any product of the 

Industry, or the credit t erms, values. policies, or senices, of any member of the 

Industry, or otherwi. e, haYing th tendency or capacity to mislead or deceive 

custom rs or 1)l'ospective customers. 

8. Publishing or circulating tbreats of suits for infringement of patents or 

trade mark" or of any other legal proceedings not in °·ood faith, with the tendency or effect of harassinn- competitors or intimidating their customers. 

D. Securing confidential information concerning the bu iness of a competitor 

by a false or mi~leading statement or representation, by a fal e impersonation 

of one in authority, by briber.v, or by any other unfair method. 

10. Selling or offerin g to sell repaired or rebuilt ya ults or any parts thereof 

as IH:w, or ne·,y Yault. or any rmrt thereof is rebuilt or rcpairccl. 

11. Using of any agency or r epresentati\-e for the purpose of violating this 

ode. 

(549) 

0 


UNIVERSITY OF FLORIDA 

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