Approved Code No. 377 Registry No. 1632-24 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RECLAIMED RUBBER 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 2, 1934 

WE DO OUR PJJrr 

U.I. DEPOfflTOAY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193-i 

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

I/ 
This publication is for sale l>y the Superintendent of Documents, Government 

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

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, 'l'ex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kan as City, Mo. : 1028 Baltimore Avenue. 

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 OliYe Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Was'h.: 809 Federal Office Building. 
Approved Code No. 377 

CODE OF FAIR COMPETITION 

FOR THE 

RECLAIMED RUBBER MANUFACTURING 

INDUSTRY 

As Approved on April 2, 1934 

ORDER 

CODE OF FAIR COMPETITION FOR THE RECLAIMED RUBBER MANUF ACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

Fair Competition for the Reclaimed Rubber 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: 

NOvV, 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; provided, however, that 

the provisions of Article VI, Section 3, insofar as they prescribe a 

waiting period between the filing with the designated agency and 

the effective date of revised price lists or revised terms and conditions of sale be and they are hereby stayed pending my further 

order either within a period of 60 days from the effective date of 

this Code or after the completion of a study of open price associations 

now being conducted by the National Recovery Administration. 

Approval recommended: 

K. M. SIMPSON' 

HUGH S. JOHNSON, 

Admin-istrator for f nd'U)8trial Recovery. 

Division Administrator. 

WASHINGTON, D.C., 

April 2, 1934. 

50577°-482-7-34 (41) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The W Mte House. 

Srn: The public hearing on the Code of Fair Competition for the 

Reclaimed Rubber Manufacturing Industry, submitted by the Rubber Reclaimers As ociation, 500 Fifth Avenue, New York, N.Y., was 

conducted in Washington, D.C., on February 8th, 1934, in accord 

with the provisions of the National Recovery Act. The Association 

claims to represent 90 percent of the Industry. 

HOURS OF WORK 

Under the Code no employee ( with the exceptions below) shall 

work more than forty ( 40) hours per week averaged over each six 

months' period of any calendar year, and not in excess of forty-eight 

( 48) hours in any one week. For all hours worked in excess of 

forty ( 40) hours in any one week or eight ( 8) hours in any one day, 

overtime shall be paid at the rate of time and one-third. 

Maintenance m·en, engineers, firemen, electricians, shipping crews, 

watchmen, and elevator operators shall not work more than fortyeight ( 48) hour in any one week, except in cases of emergency 

when overtime shall be paid at the rate of time and one-third. 

Accounting, clerical, office, service and sales employees ( except 

outside salesmen) are limited to forty ( 40) hours per week averaged 

over a period of one month but in no case shall they work more 

than forty-eight ( 48) hours in any one week. 

Employees engaged in a supervisory capacity who receive thirtyfive ($35.00) dollars per week or less on a salaried basis, are limited 

to forty (40) hours per week averaged over each six (6) months' 

period, but in no case shall they work more than forty-eight ( 48) 

hours in any one week. Employees engaged in any manageria1, 

executive, supervisory or technical capacity receiving more than 

thirty-five ($35.00) dollars weekly and outside salesmen are not 

restricted to any maximum hours. 

WAGES 

This Code provides for a minimum wage of $0.371⁄2 per hour. 

Apprentices may be paid $0.321⁄2 per hour during a sixty (60) day 

apprenticeship. Such apprentices are limited to five ( 5% ) percent 

of factory employees in any one establishment. 

lVIinimums for salaried employees range from $12.00 per week in 

towns of less than 2500 population to $15.00 per week in cities over 

500,000. Office boys and girls may be paid not less than 80% of 

these minimums but may not constitute more than five percent of the 

(42) 
43 

total office employees in any one establishment. Provision is made 

fo! ~quitable adjustments of pay schedules of employees above the 

m1n1m um. 

ECONOMIC "EFFECTS OF TUE CODE 

Reclaimed rubber is a raw material used in the manufacture of 

rubber products. Its demand is based on the volume of production 

of such products and upon the price of crude rubber. ·w11en the price 

of the latter declines to less than $0.10 per pound demand for reclaimed rubber is severely curtailed. Consumption of reclaimed 

rubber declined from 217,000 long tons in 1929, to 80,800 long tons in 

1933, or 62.73% . During the same period the average wage rate prevailing in the Industry declined 14.6% . Approximately twentythree hundred (2300) wage earners were employed by the Industry 

jn 1929, but in 1932 employment had declined 39% below this level. 

The maximum hours prescribed in the code should effect the employment of approximately as many wage earners as were engaged in 

1929. 

FINDDTGS 

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

having found as herein set forth and on the basis of all proceedings 

in this matter; 

I find that: 

(a) Said Code is well designed t.o promote the p1>licies and 

purposes of Title I of the National 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 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 provisions of said Title of said Act, includjng 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 p,ermit monopolies 

or monopolistic practices. 
44 

( 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, therefore I have approved this Code. 

Respectfully, 

A.PfilL 2, 1934. 

HuGH S. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE RECLAIMED 

RUBBER MANUFACTURING INDUSTRY 

To effect the policies of Title I of the National Industrial Recovery Act, the following provisions are hereby established as a Coda 

of Fair Competition for the Reclaimed Rubber Manufacturing 

Industry, and shall be the standards of fair competition for this 

Industry and binding u:"'on every member thereof. 

ARTICLE I 

.A. DEFINITIONS 

SECTION 1. The term "Reclaimed Rubber ifanufacturing Industry " or " Industry " as used herein, includes the manufacture for 

sale of reclaimed rubber together with such related branches or subdivisions as may from time to time be included under the provisions 

of this Code by the President or the Administrator, after such 

notice and hearing as he may prescribe. 

SECTION 2. The term "member of the Industry" includes, but 

without limitation, any individual, partnership, association, corporation, or other form of enterprise or any subsidiary or affiliate of 

the same engaged in the Industry, either as an employer or on his 

or its own behalf. 

SECTION 3. The term "member of the Code " inclu les any member 

of the Industry who shall expressly signify assent to this Code. 

SECTION 4. The term "employee" as used herein includes any and 

all persons engaged in the Industry, however compensated, except a. 

member of the Industry. 

SECTION 5. The term "Association" as used herein means the Rubber Reclaimers Association, Incorporated, a nonprofit-sharing corporation organized under the laws of the State of New York. 

SECTION 6. The term " President", "Act", and "Aclrn.inistrator" 

as used herein mean, respectively, the Presid~nt of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

SECTION 7. Population for the purposes of this Code shall be deter1 mined by reference to the latest Federal Census. 

ARTICLE II 

A. ADMINISTRATION 

SECTION 1. There is hereby constituted a Code Authority, consisting of three persons, who shall be selected by a majority vote of the 

members of the Code in numbers and in volume of sales, excluding 

any sales made to subsidiary or affiliated companies. The Administrator, in his discretion, rnay appoint not more than three addi-

( 45) 
I 

46 

tional members ( without vote) to represent the Administrator without expense to the Industry. 

(a) One alternate shall be selected for each member of the Code 

Authority, with full power to vote in the absence of his principal. 

Such alternates shall be selected in the same manner as their principals. 

(b) No two member of the Code Authority nor their alternates 

shall be affiliated with any singl member of the Industry. 

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

representative of the Indu try and in other respects comply with the 

provision of the Act the Administrator may provide such hearings 

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

Code Authority is not truly representative or does not in other 

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

appropriate modification in the method of selection of the Code 

Authority. 

( d) Should any matter come before the Code Authority which 

specifically inYolves acts, conduct, or the interest of a member of the 

Industry with which any member of the Code Authority is associated, or employed, such member of the Code Authority shall be 

disqualified to act in such matter. The designated alternate shall act 

in place of the disqualified member of the Code Authority. 

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

and (b) submit 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 membershlp, 

organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. 

SECTION 3. The Code Authority shall have the duties and power 

prescribed in thi Code, including the following: 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the Industry with the provisions of 

the Act. 

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

for the administration and enforcement of the Code. Any such 

by-laws, rules and regulations shall be reported to the Administrator 

immediately upon adoption thereof. 

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

and reports a are required for the administration of the Code, and 

to provide for submission by members of such information and reports as the Administrator may deem necessary £or the purposes 

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

shall be submitted by members to such administrative and/or 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 report to any government 

agency. No individual reports shall be disclosed to any other member of the Industry or to any other party except to such governmental ageu~ies as may be directed by the Administrator. 
47 

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

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

herein, provided that nothing herejn shall relieve the Code Authority 

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

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

with the provisions hereof. 

( e) To make recommendations to the Administrator for the coordination of this Code with such other code ar may be related to the 

Industry. 

(f) To secure from members of the Code an equitable and proportionate payment of the reasonable expenses of maintaining the Code 

Authority and its activities. 

(g) To cooperate with the Administrator in reo-ulating the use 

of any N.R.A. insignia solely by those members of the Industry who 

have assented to and are complying with this Code. 

(h) To recommend to the Administrator further fair trade practice provisions to govern members of the In4ustry in their relations 

with each other or with other trade or industries. 

(i) If the Administrator shall determine that any action of the 

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

contrary to the public interest, the Administrator may require that 

such action be suspended to accord an opportunity for investigation 

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

Authority or agency pending final action which shall not be effective 

unless the Administrator approves same or unle~s he shall fail to 

disapprove same after thirty days notice to him of the intention to 

proceed with such action in its original or modified form. 

SECTION 4. The Association is hereby designated as the agency 

for the collection of statistics, data, reports, and information under 

the Code. 

(a) Every member of the Industry shall prepare and file with 

the Association, at such times and in such manner and form as the 

Code Authority may designate such information and reports pertinent to the operation of this Code as the Administrator may from 

time to time require. Such ·reports and/or records may be either 

sworn or unsworn as required. 

(b) Any refusal or persistent or deliberate neglect by any member of the Industry to file or furnish information required under this 

Article shall constitute an unfair trade practice and a violation of 

this Code. 

SECTION 5. Each member of the Code shall be entitled to participate in the activities of the Code Authority in connection with the 

administration of the Code. Any other member of the Industry may 

become entitled to participate by becoming a member of the Code. 

Each member of the Code shall bear an equitable share of the cost 

of maintenance of the Code Authority, either by becoming am.ember 

of the Association, or by paying to the Associatio.:1. a sum equal to 

his reasonable proportionate share of the expenses incurred in the 

administration of this Code, as determined by the Qode Auf;nor:;.ty, 

subject to approval of the Administrator. The Association, as a 

disbursing agency, shall defray the expenses of the administration 

of this Code incurred by the Code Authority. 
48 

ARTICLE III 

A. IXDUSTRIAL RELATIONS POLICIES 

SECTION 1. 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 o:f 

labor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

SECTION 2. No employee and no one seeking employment shall he 

required as a condition of employm~mt to join any company union 

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

SECTION 3. 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 4. No person under 16 years of age shall be employed in 

the industry. No person under 18 years of age shall be employed 

on any manufacturing operations involving mills of any types, 

strainers, or debeaders. 

SECTION 5. Every employer shall make reasonable provision for 

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

hours of their employment. 

SECTION 6. No employer shall re-classify any employee or the 

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 7. No provision in this Code shall supersede 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 protec~ 

tion, than are imposed by this Code. 

SECTION 8. Every member of the Industry shall post in conspicuous 

places in all departments of his establishment or establishments 

copies of Articles III and IV of this Code. 

ARTICLE IV 

A. HOURS 

SECTION 1. Except as herein otherwise provided, no employee shall 

be permitted to work in excess of 40 hours per week, av-e raged over 

each six months' period of any calendar year, provided that no such 

employee shall be permitted to work more than 48 hours in any one 

week. For all honrs worked in excess of 40 hours in any one week, or 

eight hours in any one day, overtime shall he paid at the rate of 

time and one third. It is the intent that the hours worked by employees in any one day under this Section shall be consecutive, except 

that reasonable. provision may be made for eating period. 

SECTION 2. Maintenance men, engineers, firemen, electricians, shipping crews, watchmen, and elevator operators shall not be permitted 

to work more than 48 hours in any one week. Provided, however, 

that this limitation of hours shall not apply in cases of emergency, 
49 

involving breakdown and dr.ngers to life and property, but in such 

cases all hours worked in exces of 48 hours in any one week, shall 

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

SECTION 3. Except as herein otherwise provided, accounting, clerical, office, service and sales employees hall not be permitted to work 

in excess of 40 hours per week averaged over a period of a month, 

nor more than 48 hours in any one week. 

SECTION 4. Employees engaged in a supervisory capacity in factory 

operations who receive $35.00 per -week or less on a salaried basis, 

shall not be permitted to work in excess of 40 hours per week, 

averaged over each six months' period of any calendar year, provided 

that no such employee hall be permitted to work more than 48 hours 

in any one week. 

SECTION 5. The maximum hours fixed in Sections 1, 2, 3 and 4 shall 

not apply to employee in any managerial, executive, supervisory, 

or technical capacity and to employees on their immediate staffs, 

provided they regularly receive more than $35.00 per week; nor to 

any outside salesmen. 

SECTION 6. 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. 

B. WAGES 

SECTION 1. Except as hereinbelow otherwise provided no employee 

shall be paid in any pay period less than at the rate of thirty-seven 

and one-half cents ($0.371⁄2) per hour. Apprent.ices, during an 

apprenticeship o:f not more than sixty days, may be paid not less 

than at the rate of thirty-two and one-half cents ($0.321⁄2) per hour. 

Such apprentices shall be understood as persons having less than 

sixty clays previous experience or employment in the Industry and 

shall not constitute more than 5% of the factory employees in the 

employ of any member of the Industry. Provided, however, that if 

any me1nber of the Industry finds such restriction to 5% too stringent such member may appeal to the Administrator who may grant 

an exception. 

SECTION 2. No salaried employees shall be paid less than at the 

rate of: 

$15.00 per week-In cities over 500,000 population or in the 

immediate trade area of such a city. 

$14.50 per week-In cities between 250,000 and 500,000 population or in the immediate trade area of such a city. 

$14.00 per week-In cities between 2,500 and under 250,000 

population or in the immediate trade area of such a city. 

$12.00 per week-In places not covered by the preceding provisions of this Section 2. 

(a) Office girls and boys may be paid at a r ate of not less than 

80% of the above minimum; provided that the total number of such 

office girls and boys in the employ of any member of the Industry 

shall not exceed 5% of the total number of employees covered by 

this Section 2 in the employ of such member. Each member of the 

Industry, however, may have at least one such employee. 
50 

SECTION 3. A person whose earning capacity is limited because 

of age, physical or mental handicap may be employed on light work 

at a wage below the minimum established by this Code if a member 

of the Industry obtains from the State Authority designated by 

the United States Department of Labor a certificate authorizing such 

person's employment at such wages and for such hours as shall be 

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

instructions of the U. S. Department of Labor in issuing certificates 

to such persons. Each member of the Industry 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 employees. 

SECTION 4. Female employees performing substantially the same 

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

employees. 

SECTION 5. Article IV-B establishes minimum rates of pay which 

shall apply whether an employee is actually compensated on a time 

rate, piece work, or other basis. 

SECTION 6. Equitable adjustments in all pay schedules of employees above the minimum shall be made within thirty ( 30) days 

after the approval of this Code, by any members of the Industry 

who have not heretofore made such adjustments and the first monthly 

reports of wages required to be filed under this Code, shall contain 

all wage adjustments made since May 1, 1933. 

ARTICLE V 

A. COMPLAINTS AND APPEAL 

SECTION 1. Any interested party shall have the right of complaint 

to the Code Authority and prompt hearing and decision thereon, 

under such fair procedure as it shall prescribe, in respect to any rule, 

regulation, order, or finding made by the Code Authority. 

SECTION 2. Any interested party shall have the right of appeal 

to the Administrator under such procedure as he shall prescribe in 

respect to any decision, rule, regulation, order, finding, or omission 

to act by the Code Authority. 

ARTICLE VI 

A. COSTS AND PRICES 

SECTION 1. The Code Authority shall cause to be fonnulated an 

accounting system and methods of cost finding and/ or estimating 

capable of use by all members of the Industry. After such system 

and methods have been formulated and approved by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members of the Industry shall determine 

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

methods. 

SECTION 2. No member of the Industry shall sell or exchange any 

products of his manufacture at a price lower than his own cost 

determined in accordance with the above accounting system and 
51 

methods of cost finding, except as herein provided, or to meet the 

competition of a lower cost competitor. 

(a) Obsolete and discontinue.cl products may be disposed of by 

any member of the Industry in such manner and on such terms and 

conditions as said member may desire if said member files with the 

Code Authority notice of his intention to sell such products together 

with the terms and conditions of the propo eel sale, not less than two 

weeks prior to said sale, and if the Code Authority does not within 

such two week period disapprove such propo eel ~ale. 

(b) In the event that the price of crude rubber on the New York 

market should drop to such a point that members of the Industry 

become unable to sell reclaimed rubber except at a price below their 

own individual costs, the Administrator, upon application of the 

Code Authority with the approval of 75 % of the members of the 

Code, shall temporarily stay the operution of Section 2 of this 

Article. 

SECTION 3. vVithin thirty days after the approval of this Code, 

every member of the Industry shall file with the Association complete schedules of his prices, terms, discounts, and conditions of 

sale for any products of the Industry. Thereafter, no member of 

the Industry shall sell any product at prices lower or on terms more 

favorable than the prices and terms filed as aforesaid, unless he shall 

first file revised schedules of his prices, terms, discounts and conditions of sale, which changes shall become effective ten days after 

their filing. 

(a) The Association shall, promptly after receipt of such revised 

schedules and terms, notify all members of the Industry affected. Such members may thereupon file with the Association revisions of 

their schedules and terms which, if filed prior to the date when the 

revised lists and terms first filed shall go into effect, may bec01ne 

effective on said date. 

(b) All schedules filed with the Association shall be open to inspection at all reasonable times by any member of the Industry, or 

by any customer or prospective customer .

1 

ARTICLE VII 

A. TR.ADE PRACTICES 

SECTION 1. No member of the Industry shall sell or offer for sale 

any reclaimed rubber, except under a firm sales contract which shall 

specify a definite quantity to be delivered over a specified period of 

time. Nor shall any member guarantee any customer against price 

declines. 

SECTION 2. After thirty days from the date of approval of this 

Code, no member of the industry shall sell or ship any products of 

the Industry on consignment, except under circumstances to be 

denned by the Code Authority. 

SECTION 3. All shipments shall be made f.o.b. member's factory 

or warehouse. Freight may be allowed to customer's receiving point 

but such freight shall not be prepaid. 

1 See paragraph 2 of order approving this Code. 
52 

SECTION 4. The Code Authority shall make studies for the establishment of classifications and adequate descriptions of the products 

of the Industry in order to n1.inimize any unfair practices which 

may exist as to the specifications and values offered or sold in the 

various grades. The Code Authority may appoint a Technical Committee to assist in the formulation of such classifications and descriptions, which shall be submitted to the members of the Code £or their 

approval. After approval by members of the Code and the Code 

Authority and upon approval by the Administrator, after such notice and hearings as he may deem necessary, such classifications and 

descriptions shall become the standards for the Industry. Thereafter, no member of the Industry shall sell reclaimed rubber of 

higher quality than any defined in the established classifications 

except at a proportionately higher price than his price currently on 

file £or said established classifications and descriptions, which proportionately higher price shall truly reflect the increased cost of 

such higher quality product. 

SECTION 5. No member of the Industry in purchasing any commodity from a customer shall pay a price in excess of the price 

currently being charged by said customer to purchasers of the same 

class as that member, to influence the sale of reclaimed rubber. 

SECTION 6. No member of the Industry shall use adYertising 

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

representation which is inaccurate in any material particular or 

which refers inaccurately to competitors or their commodities, prices, 

values, credit terms, policies, or services. No member shall, in any 

way, misrepresent any commodity (including its use, trade mark, 

grade, quality, quantity, origin, size, specifications) or credit terms, 

values policies, services, or the nature or form of the business 

conducted. 

SECTION 7. No member of the Industry shall use advertising or 

selling methods or credit terms with the purpose or effect of deceiving or misleading a customer or prospective customer, in any material particular. 

SECTION 8. No men1.ber of the Industry shall publish or circulate 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of harassing competitors or intimidating their 

customers. 

SECTION 9. No member of the Industry shall secretly offer or make 

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

unearned discount or excess allowance, whether in the form of money 

or otherwise; nor shall a member secretly offer or extend to any 

customer any special service or privilege not extended to all such 

member's customers of the same class. 

SECTION 10. No member of the Industry shall give, permit to be 

given, or directly or indirectly offer to give anything of value £or the 

purpo e 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, or the principal of such agent or the 

i,epresented party, without the knowledge of such employer, principal 

or party. 

SECTION 11. No member of the Industry shall, directly or indirectly, give or permit to be given, or offer to give, money or any-
53 

thing of value to any customer or prospective customer, or to anyone else, upon the instigation and for the benefit of any custi:.lmer 

or prospective customer, to induce such customer or prospective customer to purchase any products of the Industry from such members. 

The provisions of Sections 10 and 11 of this Article shall not be construed to prohibit free and general distribution of articles commonly 

used for advertising except so far as such articles are actually used 

for commercial bribery as hereinabove defined. 

SECTION 12. No member of the Industry shall secure confidential 

information concerning the business of a competitor by a false or 

misleading statement or representation, by a false impersonation 

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

SECTION 13. No member of the Industry shall induce or attempt 

to induce the breach of an existing contract between a competitor 

and his customer or source of supply; nor shall any such member 

interfe~e with or obstruct the performance of such contractual duties 

or services. 

SECTION 14. No member of the Industry shall brand or mark or 

pack any commodity in any manner with the purpose or effect of 

deceiving or misleading purchasers in any material particular with 

respect to the brand, grade, quality, quantity, origin, size, or specification of such c01mnodity. 

SECTION 15. No member of the Industry shall withhold from or 

insert into any invoice any statement which would make the invoice a false record, wholly or in part, of the transaction to which 

it refers, or make any arrangement which contemplates payment 

or settlement contrary to the face of the invoice. 

SEOTION 16. No member of the Industry shall imitate the trade 

mark of a competing member. 

ARTICLE VIII 

A. MONOPOLIES 

SECTION 1. No provision of this Code shall be so construed or 

applied as to permit monopolies or monopolistic practices or to 

eliminate, oppress, or discriminate against small entel'prises. 

ARTICLE IX 

A. EXPORTS 

SECTION 1. The provisions of this Code now or hereafter adopted 

' I 

with regard to prices, discounts, deductions, allowances, extras, commissions, or methods and/ or terms of sale shall not apply to direct j 

export sales, or sale to domestic agents for export only. 

ARTICLE X 

A. REVISIONS ~~ND MODIFICATIONS 

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

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

provisions of Subsection (b) of Section 10 of the Act, from time to 
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time to cancel or modify any order, approval, license, rule, or regulation issued under said Act and specifically, but without limitation, 

to the right of the President to cancel or modify his approval of 

this Code or any conditions imposed by him upon his approval 

thereof, as changes in circumstances or experience may indicate. 

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

by the Act to be included herein may, with the _approval of the 

President or Administrator, be modified or -eliminated as changed 

circumstances or experiences may indicate. It is intended that additions to this Code applicable to all members of the Industry may be 

submitted to the Administrator for approYal, as provided in Article 

XI of the Code. 

SECTION 3. If any member of the Industry is likewise engaged in 

part in any other industry or trade, this Code shall apply only to 

such of the activities of said member as are comprehended within 

the Reclaimed Rubber Manufacturing Industry. 

ARTICLE XI 

A. ADDITIONS, .ALTERATIONS, AND AMENDMENTS 

SECTION 1. The Code Authority, with the approval of the majority 

of the members of the Code in number and in volume of sales ( ex- cluding any sales made to any subsidiary or affiliated companies) 

may recommend to the Administrator any addition, alteration or 

modification of this Code. Upon approval by the Administrator, 

after such notice and hearing as he may prescribe, the same shall be 

binding as a part of this Code. 

ARTICLE XII 

A. EFFECTIVE DATE AND TERMINATION 

SECTION 1. This Code shall become effective on the second Monday 

after it shall have been approved by the President of the United 

States. It shall continue in effect until June 16, 1935, or until such 

time prior thereto when the President shall, by proclamation or the 

Congress shall by joint resolution, declare that the emergency recognized by Section 1 of the Act has ended. 

Approved Code No. 377. 

Registry No. 1632-24. 

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