Approved Code No. 502 Registry No. 1139-04 

r 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

UPWARD-ACTING DOOR 

INDUSTRY 

AS APPROVED ON AUGUST 11, 1934 

WE DO OUR PAA'f 

..... ---

UNITED STATES 

VER~MENT PRINTING OFFICE 

WASHINGTON: 193' 

For sale by the Superi n tendent of Documents, Wnshi nj!ton, D.C. • • • • - - - - Price 5 cents 
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Foreign an d Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. 

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Sea ttle, Wash.: 809 F ederal Office Building. 
Approved Code No. 502 

CODE OF FAIR COMPETITION 

FOR THE 

UPWARD-ACTING DOOR INDUSTRY 

As Approved on August 11, 1934 

ORDER 

APPROVING ConE oF FAIR CoMPETITION FOR THE UPWARD-ACTING 

DooR INDUSTRY 

An application having been duly made fursuant to and in full 

compliance with the provisions of Title I o the National Industrial 

Recovery Act, approved June 16, 1933, for appro:val of the Code 

of Fair Competitwn for the Upward-Acting Door Industry, and 

hearings having been duly held thereon and the annexed report on 

said Code, containing findin~s with respect thereto, having been 

made and directed to the President : 

N O'V THEREFORE, on behalf of the President of the United 

States, I, Hugh S. J ohnson-i Administrator for Industrial Recovery, 

pursuant to authority vested in me ~l Executive Orders of the President, including Executive Order ~ o. 6543-A, dated December 30, 

1933, and otherwise; do hereby incorporate by re.ference said annexed report and do find that said Code complies in all respects with 

the pertment provisions and will promote the policy and purposes 

of said Title of said Act; and do hereby order that said Code o£ 

Fair Competition be and it is hereby approved on condition that 

the Association of Manufacturers ol Upward-Acting Doors shall 

amend its Constitution to the ,satisfaction of the Administrator 

within sixty days .from the date hereof. 

HuGH S. JoHNSON, 

Administrator for Industrial Recovery. 

Approval r cornm nded: 

BAnTON ' V. M n RA Y 

Division Administrator. 

\VA liT ~ TN, D .. , 

Augu t 11, 1931,. 

70040°----104 GS----34----1 (71) 
REPORT TO TliE PRESIDENT 

The PRESIDENT, 

The lVhite House. 

IR: This i a report on the Code of Fair Competition for the 

Upward-Actlng Door Industry, as revised after a public hearing 

conducted in \Ya hington D.C., on Augu t. 1, 1934, in accordance 

with the provisions of Title I of the National Industrial Recovery 

Act. 

PROVISIONS .AS TO HOURS AND WAGES 

Employees are not permitted to work more than thirty-six hours 

per week or eight hours per day, except as otherwise provided. Employees are not permitted to work more than five days out of any 

seven, except as otherwise provided. 

Hourly limitations do not apply to traveling salesmen; or to managers, executives or supervisors who receive thirty-five dollars or 

more per week. Hourly limitations do not apply to employee engaged in emergency work involving breakdowns or the protection 

of life or property, provided one and one-half times the normal rate 

is paid for hours worked in excess of thirty-six per week or eight 

per day. 

To meet peak production periods, plant and factory employees are 

permitted to work forty-eight hours per week during twelve weeks 

in each calen lar year, provjded one and ·one-half times the normal 

rate is paid for hours worked in excess of forty per week or eight 

per day. \Vatchmen are not permitted to work more than fifty-six 

hours per week. 

The minimum hourly rate o£' pay· for male employees, except office 

and sales employees, shall be forty cents per hour. Female employees performing substantially the same work as male employees 

shall receive the same pay as male employees. Office, service or sales 

employees shall receive a minimum rate of fifteen dollars per week. 

A minimum rate of pay is established, regardless of whether an 

employee is compensated on a time rate, piece work, or other basis. 

Compensation of employees receiving more than the minimum shall 

be equitably adjusted and reported to the Code Authdrity but in 

no event shall rates of pay be reduced. No person under sixteen 

years of age hall be employed in the Industry nor any per on under 

eighteen year of age in hazardous occupations or those detrimental 

to health. 

ECONOl\IIC EFFECTS OF THE CODE 

This is a new Industry. In 1928 there were only three firms in 

this field; there are now twenty concerns. Employment has 1ropp~>d 

from the high point of 1929 and 1930, when there were 3,000 employees, to 2,000 in 1933. Decrea ed volume of construction for the 

past four years has been felt by this Industry, even thouo-h sales 

reached a high point in 1933. Sales per company showed a very 

considerable decrease. 

(72) 
73 

of thi. In 1u. tr an 1 it 

Rt' mpl 7 111 nt 

FINDINGS 

The A sistant Deputy Administrator in his final report to me on 

ai l Code having found as herein set forth and on the ba is of all 

the proceedin o-s in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purpose 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 re triction of production (except as may be temporarily 

r quired), by increa ing the consumption of industrial and agricultural pr ducts through increasing purchasing power, by reducing 

and relie ing unemployment, by improving standards of labor, and 

by otherwi rehabilitating industry. 

(b) Said Indu try normally employs not more than 50,000 empi y ; and is not classified by me as a major industry. 

(c) Th~ 9ode as al?pro~ed comp~ies in a!l resp~cts w:ith the .Pe;ftinent provi 10n of aid Title of said Act, Including without hnntation of ub ction (a) of ction 3, Sub ection (a) of Section 7 and 

ub ecti n (b) of ection 10 thereof; and that the applicant association i an indu trial a ociation truly representative of the aforesaid 

Indu try; and that aid a ociation imp es no inequitable restriction n admi. ion tom mber hip ther m. 

( l) Th de is not e ign d to and will not p rmit mon polies 

r m nop li tic pra tice . ( ) Th d i n t i ned to and will not eliminate or oppress 

5n nll nt q ri and will not operat t di criminate again t them. 

(f) Th · en gag l in th r tcp. of the economic r ha v not 

b en priY l of th ri ht to be h ar prior to appro al of said Code. 

F r th ·e r a on th r fore, the ode ha b en approv . R pe tfully, 

Au T 11, 1934. 

IIuou S. J n - ~ 

A.dmini trator. 
CODE OF FAIR COMPETITION FOR THE UPWARDACTING DOOR INDUSTRY 

ARTICLE I-PURPOSES 

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

the Upward-Acting Door Industry, and its provi ions shall be the 

standar l of fair competition for such indu try and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Upward-Acting Door Industry" or "Industry" as u ed herein is defined to mean and include the (1) fabrication and/ or assembly (for sale) and/ or (2) distribution andjor 

( 3) erection or installation and/or ( 4) repair of industry products 

by the manufacturer or distributor . . SECTION 2. The term "Products of this Industry" or "Products" 

as used herein is defined to mean and include doors of whatever material constructed, (including operating mechanisms andjor equipment) which are fabricated andjor assembled and/ or installed in 

conjunction with such operating mechanism andjor equipment controlling the operation andjor function of the completed installation, 

and which are more specifically defined hereinafter, and such other 

related branches, sub-division and/ or functions as may from time to 

time be included under the provisions of thjs code by the Administrator after such notice and hearing as he may prescribe: 

(a) Single ection doors moving radially upward to a horizontal 

po ition above the opening; 

(b) }\tlnltiple section doors with all sections hinged together, 

lower section or sections folding upwardly to a po ition where all 

sections are disposed horizontally above the opening; 

(c) Multiple section doors with all sections hinged together acting 

upw~rdly and rear-wardly to a horizontal po ition above the 

opening; 

(d) Device appliances, operating mechanism and equipment used 

in connection with above mentioned products; and/ or 

(e) Operating hardware made for and used in connection with 

the above mentioned products; 

SECTION 3. The term "member of the in lustry" includes but 

without limitation any individual, partnership, a ociation, corporation, or other form of enterprise engaged in the industry, either 

as an employer or on his or its own behalf. 

SECTION 4. The term " division of the industry" or "division" as 

used herein shall mean one of the following branches of the industry; 

(1) Fabrication and/or assembly (for sale), (2) distribution, (3) 

(74) 
75 

re ti n or in tallation ( 4) r pair of indu try product ; and such 

oth r li i i n a ma hen'aft r be tabli h cl. E TI ~ 5. Th T rm A o iati n a u l herein shall mean 

A, o ·iati n of Ianufa turer f 1 ward-A ting oor ." 1 

E TI ... . Th nn m mb r of the diYi i n a u l h r in inlu 1 any m mber of the indu try no-aO' l in one of the clivi ions 

which ar h reby or may h r aft r b e -tabli heel. 

E TI :N 7. Th t rm ' Employee" a u ed h r in in lud any 

and allr er on enO'aged in the indu try, howev r compen at d, exc pt 

a memb r of th indu try. 

E TIO~ . The term Emplo er ' as used her ein in lude anyone in t he Indu try by whom such employee i compen ated or 

mplo red. 

SE TION 9. The terms "President ', "Act " and "Admini trator" 

a u ed herein hall mean re pectively the President of the United 

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

Administrator for Industrial Recovery. 

ARTr LE III-REGULATION oF Houns oF 'V oRK 

SECTION 1. Maximum H ours.-N o employee shall be permitted to 

work in excess of thirty-six (36) hours in any seven-day p riod or 

eight (8) hours in any day, nor more than five (5) days in any 

seven-day period, except that for six ( 6) weeks in a six ( 6) months 

period employees may be permitted to work not in exce s of eight 

(8) hours per day or forty-eight (48) hours in any one (1) seven 

(7) day period or six (6) days in any one (1) seven (7) day period. 

At least time and one-half shall be paid for hours worked in exce s 

of eight (8) hours in any day or thirty-six (36) hours in any seven 

(7) day period. 

SECTION 2. E xceptions.-(a) No person employed in clerical or 

office work shall be permitted to work in exce s of forty ( 40 ) hours 

in any we k ( even (7) day period) , or nine (9) hour in any day 

( tw nty-four (24) hour period), or five and one-half ( 51j2 ) days 

in any e en (7) day period. A normal work day shall nsi t of 

ei -rht ( ) hour . 

(b) Employ s en<Yag d as watchmen shall not be p rmitted to 

workin exce ffifty-six (56) hour or ix (6) days in one (1 ) e en 

(7 ) day p riod. 

E TI .. 3. E rmtpt1.'ons.-(a) The provi ion of thi A rti le in 

r e p t t the limitation of hours hall not ar ply to mpl yee ngag d in an x u ive or mana rial capacity wh r c iv not I 

than thirt:) -five 1 liar ($! . 0) p r w k or to tr av lin ()' al m n. 

(b) Tl pr vi i n of thi Arti le in r p t to the limitation f 

h our hall 11 t ar ply to mrl y ngaO'ed in mercr n y main cr m rg n ·y r I air w rk inv l mo- br ak-d wn or rof lif r I r I rty p r vid l how v r that at l a t ne an 

(llh) tim th 11 rma l ra hall e ai f r h ur w rk d 

in ex . f h maximum h m h r in 1 rovi 1 d b thi rti 1 . 

E TI ~ 4. Employutent by ntl E1nploye-r ·.- m mb r of 

th Indu try h 11 kn win 1 p rmit any employ e to w rk f r any 

1 See paragraph 2 of ord r appro,·ing this Code. 
76 

time which, when totaled with that already performed with anotHer 

employer, exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. llfinimu1n Wage.-No employee shall be paid in any 

pay period less than at the rate of forty cents ($0.40) per hour, except as herein otherwise provided. 

SECTION 2. initrnu11~ 1Vage for Olerioal and Office E1nployees.-

No person employed in clerical or office work shall be paid in any 

p ay period less than at the rate of fifteen dollar,s ($15.00) per week. ~E TION 3. This Article establishes a minimum rate of pay which 

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

SECTION 4. No employee now employed at a rate in excess of the 

minimum shall be discharged and reemployed or replaced by another at a lower rate for the purpose of evading the provisions of 

this Code. 

SECTION 5. l-1 andicapped Employees.-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 the employer 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 certificah~. Such authority shall be guided 

by the instructions of the United States Department of Labor in 

issuing certificates to such persons. Each employer shall file 

monthly with the Code Authority a list of all such persons employed 

by him, showing the wages paid to, and the maximum hours of work 

for such employee. 

SECTION 6. Female Emplm;ees.-Female employees performing 

substantially the same work as male employees shall receive the same 

rate of pay as male employees. 

SECTION 7. Wages Above the Minimum.-Every employer• shall 

make an equitable adjustment of all wage rates above the minimum. 

In no case shall hourly wage rates be reduced. No change shall be 

made in piece-work rates which will reduce the hourly earnings of 

piece workers. The action taken by each member of the Industry in 

accordance with this provision shall be reported to the Code Authority within thirty (30) days after the effective date of this Code 

and to the Administrator on his request. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be employed in the Industry. No person under eighteen (18) years of age 

shall be employed at operations or occupations which are hazardous 

in nature or dangerous to health. The Code Authority shall submit 

to the Administrator for approval within sixty (60) days after 

the effective date 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 issued by the Authority in such State empowered to 
77 

i9!H "-lOH- 5· - -· !-2 
78 

SECTION 8. Indu8tria2 Relations Boarcl.-A J oibt I ndustrial Re- lations Board may be constituted and e tablished; to which shall be 

referred and which shall deal with aU Inatters relating to labor 

complaints, in accordance with such rules and regulations as may 

from time to time be prescribed by the Administrator. 

SECTION 9. Disndssal.-N o employee shall be di mi sed, demoted 

or otherwise discriminated against by reason of making a complaint 

or giving evidence with respect to an alleged violation of this 

Code. 

ARTICLE VI-ORGANIZATION, PowERS AND DuTIES OF CoDE AuTHORITY 

SECTION 1. 01'ganization ancl Oonstitution.-A Code Authority is 

hereby con tituted to coo-perate with the Administrator in the administration of this Code. 

SEcTION 2. The Code Authority shall consist of five ( 5) members 

who are members of the fabricating and assembly clivi ion of the 

Industry to be selected as follows : Members of the Industry shall 

elect the Industry members of the Code Authority by a majority vote 

of the members participating in any election con lucted as herein 

provided. Three nominations shall be made for the election of each 

Code Authority member. 

(a) One member of the Code Authority shall be elected from those 

members of the Industry who are not member of the Association 

by a majority vote of the 1nembers of the fabricating anrl assembly 

division of the Industry who are not mmnbers of the Association, and 

(b) One member of the Code Authority shall be elected by the 

members of t11e distribution and erection clivi ·ion of the Industry 

from tho e men.bers of the Industry who are members of the Association by a majority vote of the m mbers of the 1i tribution and 

erection division participating therein, and 

(c) Three members of the Code Authority shall be elected by members of the Industry who are 1nembers of the Association by a ma- jority vote of the members of the Association, and 

(d) Upon failure by members to elect industry members of the 

Code Authority as provided in Section 2 (a) and Section 2 (b) of 

this Article, then such n1ember of the Code Authority shall be 

nominated and elected by a majority vote of the 1nembers of the 

Association participating therein, and 

(e) The members of the industry participating and voting at the 

election and the members of the Code Authority nominated from 

members of the Indu try shall be eligible ·and qualified as provided 

by Section 10 1 (2) of this Article, and 

(f) At no time shall the Code Authority consist of more than 

one (1) member affiliated or associate l with or employed by the same 

member of the Industry and at no time shall the Code A·uthority 

consist of more than one (1) member selected from members of the 

industry which have a financial interest in or otherwise exercise 

control over each other. 

SECTION 3. The Association is hereby designated as the Agency to 

conduct an election of the members of the Code Authority within 

ten (10) days after the effective date of this Code, and the succeeding annual elections of members of the Code Authority. lVI embers 
79 

of the ode Auth rit hall be lected t · rv for a term £ one 

(1) ar or until th ir ucccss r are elect d at the next annual meeting of the m mber f tho indu try. In the cv nt of any vacan y in 

the m mb r hip of th Code \..uthority a special meeting of the 

memb r of the 1ivi ion of the industry, elio-ible to vote as provided 

in thi Article VI , for an ele tion to fill the incompl te terms of 

.._ uch member hall be called by the As ociati n. Notice of the 

tim and place of each election shall be sent to each member of 

the .divi ion of the industry, eligible to vote at his address on file 

with the Co 1c Authority in accordance with Article IX, Rule 13, at lea t fifteen ( 15) day in advance of such election and voting at 

uch election may be by per on, by proxy, or by letter ballot. Each 

member of the Di1 ision of the industry eligible to vote shall have 

one (1) vote at each election. 

ECTION 4. In addition to membership as above provided there 

may be not more than three (3) members, without vote, to be appointed by the Administrator to serve for such term· as he may 

specify and wh ar known as administration member . 

ECTION 5. The representatives who may be appointed by the Admini tr·ator, tog ther with the Administrator, hall be given notice 

· of and may sit at all meeting of the Code Authority and it · duly 

appointed committees. 

SECTION 6. Each trade or industrial. a sociation directly or indirectly participating in the selection or activities of the Code Authority hall (1) impose no inequitable re trictions on member ·hip, and 

(2) submit to the Aclmini ·trator true copies of its articles of association, by-laws, regulations and any amendments when made 

thereto, together with . uch' other information as to mem er hip, 

organization and activities as the Administrator may deem ·ne essary 

to effectuate the purposes of the Act. 

SECTION 7. In or ler that the Code Authority hall at all times 

be trulu representative of the industry and in other re pects comply 

wi h the provi:ions of the Act, the Administrator may 1 re cribe 

~· uch he:u·ings a he may deem proper; and thereafter, if he ·hall find 

that the Code Authority is not truly repre. cntative or loes not in 

other re peeL comply with provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

E TIO~ . Nothing contained in this Code shall on. t itut the 

m mbers of the Code Authority partners for any purpo . N r 

shall any member of the Code Authority be liabl in any manner 

to anyon for any act f an r ther m mber., offic r, ao- nt, or 011-

pl r f th 1 c1 Auth~rit . J or hall any m m er of the C de 

Authority x 1· i ino· r a onabl dilib n e in th con lu t of his 

luti . h r un r l liabl t any n f r any a ·tion r mi . i n t 

act under th d 1 t f r 1 i. wn wilf 1l malfea ·an or n n- fea ·an e. 

E I N 9. I f th Admini rat r shall at any tim 

any u tion of a d Auth rity or any ao- n ther f may b un.Eair 

r unju t r · ntrar. to th 1 ubli int r t, th Admini trat r may 

requir that u h a ti n 1 e . u. 1 nd d to aff rd an pportunity for 

inv tigat i n £ th m rits of . r h a ti n ancl furth r ·on ·i l rati n 

by u h C d Autl rity r ao- ncy I n lii g final a ti n wl ich shall 
80 

not be effective unle the Admini trator approves or unless he shall 

fail to eli ·approve after thirty (30) days' notice to him_ of intention 

to j)l'Oceed with uch a tion in it ori0 inal or modified form. 

SECTION 10. Pmoe1'8 and Dtlti s.- ubje t to uch rule and regulations a may be pr cribed by the Admini trator the Code Authority shall have the following further powers and dutie , in addition 

to tho e authorized by other provisions of thi Code: 

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

provide for the compliance of the indu try with the provisions of 

the Act. 

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

and for admini -trating and facilitating the enforcement of the Code. 

(c) To obtain from members of the Indu try such information and 

reports as 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 for the purpo es recited 

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

he may designate; provided that nothing in this Code shall relieve 

any member of the Industry of any existing obligations to furnish 

reports to any government agency. No individual reports shall be 

disclosed to any other member of the industry or any other party 

except to such governmental agencies as may be directed by the 

Administrator. 

(d) To appoint such agencies or committees as it deems proper for 

the Administration of the Code in each regional division or subdivision as designated subsequently, and to delegate to said agencies 

all necess::rry power and authority for the administration of this 

Code within the regional divisions or sub-divisions, but shall reserve 

and retain the power to administer the provisions of this Code, and 

shall be responsible for all actions taken by its appointed committees. 

(e) It may, on the basis of experience, with the approval of the 

Admini. trator, change the regional divisions to better effectuate the 

admini tration of this Code. 

(f) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, a may be related to the industry. (g) To appoint a trade practice committee which shall meet with 

the tra le practice committees appointed under such other codes as 

may be related to this indu try for the purpose of formulating fair 

trade pra tice to govern the relationships between production and 

di tribution employer under thi Code, any Division, or under any 

other code to the end that such fair trade practices may be proposed 

to the A lministrator as amendments to thi Code, any Division, or 

any other codes. 

(h) To provide for the tudy of further trade practice provisions 

and measures for industrial control and stabilization of employment 

an l to recomm nd to the Admini trator any changes and/ or modifi ations of the Code or any Division thereof which shall become 

effective as part h reo£ upon approval by the Admini trator after 

such notice and hearing a he may prescribe. 

(i) To provide for the stu ly of minimum standards, arades, qualities, workmanship, sr e ification and for the tucly of the distribution 

and in tallation of products of this Industry. 
• 

81 

(j) h Co f rmulat d m th cl. o£ 

co t findin~ and a oun in(Y apable f u e by all m .mbcr f the 

in lu tr and hall ul mit a ·ummary of u h m tho l. to th dmini trat r f r r Yi w. If approve l b. th Admini trator full info rmati n concerninO' u h m thod hall I e made uYailable t all 

m mbcr ~ f the indu try. Ther after, ea h me1aber of th indu. try 

hall utilize u h meth ds to the ext nt found practicable. :N othin Y 

her in ntain d hall be con trued to permit th o e Auth rit. , an. aO'ent thereof or any member of the indu try to g~ t uniform 

addition I ercentaO'e or differentials or oth r uniform item of o -t 

w~i h are de igned to bring about arbitrary uniformity of co ts or 

pnc . (k) To co perate with the Joint Industrial Relation. Board (provid d under Article V of this Code), the Admini trator and uch 

other a encie as he may designate in resp ct to the admini tration 

of thi '\ode. 

(l) 1. It being found neces ary in order to upport the admini. - t.ration of thi code and to maintain the standards of fair competition e tabli hed hereunder and to effectuate the policy of the Act, the 

Code Authority is authorized: 

(a) To incur such reasonable obliO'ations as are nece sary and 

proper for the foregoing purposes and to meet such oblio·ations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem nece ary 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the fund noce sary 

to upport such budget shall be contributed by members of the 

Industry; 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable ontribution a aboYe set forth by all members of the Indu try; and to 

that nd if n ces ary, to in titute legal proceedings therefor in its 

own name. 

(...,) Each member of the Indu try hall pay his or its equitable 

con ribution to the expenses of the n1aint nan e of the ode Authori y det rmine ash r inabove provided and ubj ect to rule. and 

r .O'ulati n p rtaining ther to i · ued by the \dmini trator. nly 

n1 m r of th Inclu tr complying with the ode and c ntributing 

to th xp n . of it a lmini tration a her inaboYe proYid 1, unle s 

duly x mpt fr m makin(Y u h ontributi n hall be ntitled t 

artici at in th l cti n f m mb r of the ode uth rity r t 

r ive th b n fi f any f it voluntary a tiviti s or t make u c 

of any mbl m r in iO'nia of the a i n l R ry ~ mini tration. 

( ) The o e uth rity . hall n ith r in ur nor pay an' obliO'at ion u . tantiall in e:x of the am unt th r of a timat in 

it ap r v d bn · t; an . hall in n nt x d th total am unt 

c ntain d in th approv l bu 0' t x pt up n approval of the A -

mini tr·ator an l n u . gu nt udg t hall ntain any 1 fi i n y 

i m f r exp n itu r . in x . . f pri r 1 u t tim at .xc pt 

tho e which the Admini b·ator ·hall have o approv d . 
82 

ARTICLE VII-OPEN PRICE 

SECTION 1. Each member of the Indu try shall file with a confidential and disinterested agent of the Code Authority or, if none, then 

with uch an agent designated by the Administrator, identified li ts 

of all of his prices, discounts, rebates, allowances, and all other 

terms or conditions of sale, hereinafter in this article ref erred to 

as " price terms ", which li ts shall completely and accurately conf orm to and represent the individual pricing practices of said member. Such lists shall contain the price terms of all such standard 

product of the Industry as are sold or offered for sale by said 

member and for such non-standard products of said member as shall 

be designated by the Code Authority. Said price terms shall in the 

first in tance be filed within thirty (30) days after the date of approYal of this provision. Price terms and revised price terms shall 

become effective immediately upon receipt thereof by said agent. 

Immediately upon receipt thereof, said agent shall by telegraph or 

other equally prompt means notify said member of the time of such 

receipt. Such lists and revisions, together with the effective time 

thereof, shall upon receipt be immediately and simultaneously distributed to all members of the Industry and to all of their customers who have applied therefor and have offered to defray the 

cost actually incurred by the Code Authority in the preparation 

and distribu6on thereof and be available for inspection by any o£ 

their customers at the office of such agent. Said lists or revisions 

or any part thereof shall not be made available to any person until 

released to all members of the Industry and their customers, as 

afore aid; provided, that prices filed in the first instance shall not 

be released until the expiration of the aforesaid thirty (30) day 

period after the approval of this Code. The Code Authority shall 

maintain a permanent file of all price terms filed as herein provided, 

and hall not destroy any part of such records except upon written 

consent of the Administrator. Upon request the Code Authority 

shall furnish to the Administrator or any duly designated agent 

of the Administrator copies of any such lists or revisiOns of priee 

terms. _ 

SEcTioN 2. When any member of the Industry has filed any reo. 

vision, such member shall not file a higher price within forty-eight 

( 48) hours. : 

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

any products/services of the Industry, for which price terms have 

been filed pursuant to the provisions of this article, except in accord .. ance with such price terms. 1', 

SECTION 4. No member of the Industry shall enter into any agree.; 

ment, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the Indus- try to change his price t erms by the use of intimidation, coercion, or 

any other influence inconsistent with the maintenance of the free and 

open market which it is the purpose of this Article to create. 

ARTICLE VIII-CosT AND PrucE CUTTING 

SECTION 1. The standards of fair competition for the Industry 

.with reference to pricing practices are declared to be as follows:-
83 

(a) Wilfully destru ti ve pri e cu.tting is an unfair method of competition and is forbidden. Any member of the indu try or of any 

other indu try or the cu tomer of either may at any time complain 

to the ode Authority that any filed price constitutes unfair competition as destructive price cutting, imperiling small enterprise or 

tendincr toward monopoly or the impairment of code wages and 

w rking conditions. The ode Authority shall within five ( 5) days 

a:ff rd an opportunity to the member filing the price to answer such 

complaint and shall within fourteen (14) days make a ruling or 

adju tment thereon. If such ruling is not concurred in by either 

party to the complaint, all papers shall be referred to the Research 

and Planning Divi ion of N.R.A. who hall render a report and 

recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost estimating methods should be used and that consideration 

should be given to co ts in the determination of pricing policies. 

(c) \iVhen an emergency exists as to any given product, sale below 

the stated minimum price of such product, in violation of section 2 

hereof, is forbidden. 

SEcTioN 2. E1nergency Provision::;.- (a) If the Administrator, 

after investigation shall at any time find both (1) that an emergency 

has arisen within the Industry adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to defeat the purposes of the Act; and 

(2) that the determination of the stated minimum price for a specified product within the Industry for a limited period is necessary to 

mitigate the conditions constituting such emergency and to effectuate the purposes of the Act, the Code Authority may cau e an impartial agency to investigate costs and to recommend to the Administrator a determination of the stated minimum price of the product 

affected by the emergency and thereupon the Administrator may proceed to determine such stated minimum price. 

(b) 'Vhen the Admini trator shall have determined such stated 

minimum price for a pecified product for a stated period, which 

price hall be reasonably calculated to mitigate the conditions of uch 

mercrency and to effectua~e the purposes of the National Industrial 

Recovery Act, he hall publish such price. Thereafter, during such 

stated period, no member of the Industry shall sell such specified 

product..: at a net r alized price below said stated minimum price and 

any such ale hall be deemed destructive price cutting. From time 

to time, the Code Authority may recommend review or re on iderati n or the Admini trator may cause any determination hereunder 

to be reviewed or rec nsidered and appropriate action taken. 

ARTICLE IX-Tr.ADE PRACTICE RULEs 

Gen ral Definition.-For all purposes of the Code the acts decrib din thi. Arti le hall on titute unfair practices. Any member 

of th Indu try wh hall dire tly or indirectly, through any officer, 

mployee, agent, or r 1 re ntativ knowingly u e, employ, or permit 

to b mployed, any of such unfair practices hall be guilty of violation of the Code. 
84 

RuLE 1. Misleading Advertising.-No member of the Industry 

shall use or publish advertising (whether printed, radio, eli _tJ> lay, or 

of any other nature) which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any 

goods (including, but without limitation, its use, trade mark, grade, 

quality, quantity, origin, size, substance, character, nature, finish, 

1naterial, content, or preparation) or credit term , values, policies, 

services, or the nature or form of the business ·conducted. 

RuLE 2. Disparage11unt of Oompetitors.-No member of the Industry shall make f alse or disparaging statements with respect to a 

competitor's business, methods, practices, or products. 

RULE 3. Threats of Legal Proceedlings.-No member 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. Failure to prosecute 

in due course shall be evidence that any such threat is unwarranted 

or unjustified. 

RULE 4. Secret R ebates.-N o member of the Industry shall secretly 

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

form of money or otherwise, nor shall a member of the Industry 

secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class for the purpose 

of influencing a sale. 

RULE 5. 001n11wrcial Bribery.-No member of the Industry shall 

give, permit to be given, or directly offer to give anything of value 

for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business 

of the employer of such employee, the principal of such agent, or 

the represented party, without the knowledge of such employer, prin-·' 

cipal or party. This provision shall not be construed to prohibit 

free and general distribution of articles commonly used for advertis· 

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

bribery as hereinabove defined. 

RULE 6. Inducing Breach of Oontract.-No member of 'the Industry shall attempt to induce the breach of an existing contract between· 

a competitor and his customer, or source of supply; nor shall any' 

such member interfere with or obstruct the performance of such contractual duties or services. 

RULE 7. Substitution ·of Parts.-N o member of the Industry shall, 

directly or indirectly, substitute his own or different parts in the 

repair or alteration of a competitor's product or parts thereof without the express authority of the owner. ' 

RuLE 8. Trade Mark RemovaL-No member of the Industry shall,' 

directly or indirectly, remove or destroy any trade mark or other 

identification of any product or part of a product of the Industry 

supplied by a competitor with the intent or, effect of deceiving a purchaser or a prospective purchaser. 

RuLE 9. Combination Quotations.-No member of the Industry 

shall combine quotations or contracts for any product of this Industry with any quotation or contract for any other material, labor, or 

service, for the purpose and with the intent of concealing the true 

selling price of the product of this In.dustr)f. . 'I ' 
85 

RULE 10. O·ral Quotations.-No member of the Indu try shall 

mak ral quotation wi h ut onfirmino- th m in writin0 • 

R E 11. T erm of al .- No m mber of the Indu tr hall allow 

m r fayora le t rm of payment for produ t old f.o.b. m mb r's 

fa orL r d liY red to d tination than "N t n h thirty (30) days 

fr m rlat f hipm nt . The term of paym nt of produ ts ld 

r t d hall not b m r fav rable than to provide that ' eio-hty-five 

( r) 1 r nt f th 1 roporti nat value of the work don hall 1 e 

du monthly. The final payment hall be due and payable thirty 

(3 ) day aft r ompletion of the contract". Nothing herein contain d hall prevent the selling of product of the Indu try on an 

in ta llrnent plan pro vi ling that intere t on deferred payments is 

harg d at the rate of ix (6) per cent per annum, or the leo-al rate 

of int re t whichever is lower. 

RULE 1~. R eplacem-e'nt of Material.-No member of th Industry 

shall replace material without making a charge therefor, sai 1 charges 

t conform with filed prices, except in the case of material found to 

b defective within a period of one ( 1) year after in tall a tion. 

RULE 13. Distributor and Sales Lists.-Each membar of the Indu try hall file with the Code Authority a li t of hi distributors 

and/ or ale repre entatives, which li t hall be available to the other 

member . Such li t hall at all times be kept up to date by notifying 

the ecretary of any changes, within ten (10) days after being made. 

RULE 14. Changed Contract Dates.-No member of the lndu try 

~hall po t-date or pre-date any contract invoice, quotation or receipt. 

RULE 15. Contingent Quotation~.-N o member of the Indu try 

.. hall make the acceptance of any separately-priced non-indu try 

material in a quotation for industry products or make another quotation for a non-indu try material contingent upon the acceptance 

of a quotation for indu try products, where the purpose or effect 

th r of i to ecure to a buyer a special price. 

ARTICLE X-APPEALS 

E TI "N 1. An int~r c;:ted party shall have the rio-ht to appeal to 

q1 Admini. trat r under uch rule and regulation a he may prerib . in r . pe t to any de i ion, rule, regulation, ord r, or finding 

macle by the de Authority. 

ARTICLE XI-MODIFICATIONS 
86 

ARTICLE XII-MONOPOLIES 

SECTION 1. No provision of this Code shall be so applied as to 

permit monopolies or monopolistic practices, or to eliminate, oppress, 

or discriminate against small enterprises. 

ARTICLE XIII 

SECTION 1. 1fembcrs of the Industry shall conform to the applicable provisions of such appropriate code or codes of the construction industry re pecting the installation and/or repair· of the products of this Industry. 

ARTICLE XIV-EFFECTIVE DATE 

This Code· shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 502. 

Registry No. 1139-04. 

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UNIVERSITY OF FLORI DA 

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