Approved Code No. 505 Registry No. 1698-07 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BLACKBOARD 

AND BLACKBOARD ERASER 

MANUFACTURING INDUSTRY 

AS APPROVED ON AUGUST 23, 1934 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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

v 
Tbfs publication is for sale by the Superintendent of Documents, Government 

Printing Office, \V ashington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTniCT OFFICES OF THE DEPARTMENT OF COMMERCE 

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San Francisco, Calif.: 310 Customhouse. ~eattle, Wash.: 809 Federal Office Building. 
Approved Code No. 505 

CODE OF FAIR COMPETITION 

FOR THE 

BLACKBOARD AND BLACKB·OARD ERASER 

MANUFACTURING INDUSTRY 

As Approved on August 23, 1934 

ORDER 

CoDE OF FAIR CoMPETITION FOR THE BLACKBOARD AND BLACKBOARD 

ERASER MANUFACTURING IND"CSTRY 

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 Blackboard and Blackboard Eraser Manufacturing Industry, and hearing 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 bBhalf of the President of the United 

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

pursuant to authority ve~ted 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 promo~ 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. 

Approval recommended. 

HuGH S. JOHNSON, 

Administrator for Industrial Recovery. 

BARTON w. MURRAY, 

Division Adrninistrator. 

WASHINGTON, D.C., 

August 1/33, 193./y. 

82064 °----1044-104----34 (117) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White House. 

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

the Blackboard and Blackboard Eraser Manufacturing Industry of 

the United States, submitted by the National School Supply Association, 176 West Adams Street, Chicago, I llinois, was conducted 

in Washington, D.C. on the 25th day of April, 1934, in accordance 

with the provisions of the National Industrial Recovery Act. The 

Association claims to represent 90 percent, by volume, of the 

Industry. 

The hours established under the Code are 40 per week, with the 

exception of one period, not to exceed 12 weeks in a.ny calendar year, 

during which period employ~es may be permitted to work 48 hours 

per week, provided they are paid at least one and one-half times 

the normal rate of pay for all hours worked in excess of 40 per 

week. 

Exceptions are allowed for watchmen, who may be employed 56 

hours per week, and for traveling salesmen, executives, administrative andj or supervisory employees who receive $35.00 or more per 

week. 

The minimum wages established under this Code are 40 cents per 

hour for males and 35 cents per hour for females. Office employees 

shall receive a minimum of $15.00 per week. Protection of employees 

on piecework performance is guaranteed. 

Exceptions to the minimum wages are allowed to office boys and 

office girls under eighteen years of age, who shall receive at least 

80% of the minimum wage. The number of such employees is lim- ited to five percent of the total number of office employees. Exceptions are also allowed to handicapped persons whose earning capacity 

is limited, provided the employer obtains a certificate authorizing 

such employment from the State authority designated by the United 

States Department of Labor. 

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 trade groups, 

by inducing and m.aintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possi-

(118) 
119 

ble 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 clasified 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 a trade association truly representative of the aforesaid 

Industry; and that said association im.poses no inequitable restrictions on admission to membership therein. 

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

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

This Industry has cooperated in a most satisfactory manner with 

the Administration in the preparation of this Code. From the evidence adduced during this hearing and from recommendations and 

reports from the various Advisory Boards, it is believed that this 

Code as now proposed and revised represents an effective, practical, 

equitable solution for this Industry and for these reasons has been 

approved. 

Respectfully, 

HuoH S. JoHNsoN, 

A dn1inis trator. 

AUGUST 23, 1934. 
CODE OF FAIR COMPETITION FOR THE BLACKBOARD 

AND BLACKBOARD ERASER MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

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

the Blackboard and Blackboard Eraser Manufacturing Industry, 

and its provisions shall be the standards of fair competition for such 

Industry and be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The tenn "Industry" as used herein includes the manufacture 

and sale by the manufacturer of manufactured blackboard and blackboard erasers (except slate blackboards) and such related branches 

or subdivisions as may from time to time be included under the provisions of this Code. 

2. The tenn "member of the Industry" or" member" includes but 

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

an employer or on his or its own behalf. 

3. The term "employee" as used herein includes any and all 

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

1nember of the Industry. 

4. The term "employer" as used herein means anyone by whom 

such employee is compensated or employed. 

5. The terms "President", "Act", and "Administrator" as used 

herein mean respectively, the President of the United States, Title I 

of the National Industrial Recovery Act, and the Administrator 

for Industrial Recovery. 

ARTICLE III-HouRs 

SECTION 1. No employee, except as hereinafter provided, shall be 

permitted to work in excess of forty ( 40) hours in any one week or 

eight ( 8) hours in any one day; except that in case of seasonal demand 

periods employees rna y be permitted to work forty -eight ( 48) hours 

in any one week, but not more than eight ( 8) hours in any one day; 

provided, however, that at least time and one-half the normal rate 

of pay shall be paid for all hours in exce s of forty ( 40) per week. 

The peak period shall not exceed twelve (12) weeks in any calendar 

year. 

SECTION 2. The provisions of Section 1 of ·this Article shall not 

apply to watchmen, who may be employed not to exceed fifty- i:x 

(56) hours per week, traveling salesmen or to employee engaged in 

(120) 
121 

an executive, administrative and/or supervisory capacity who receive 

thirty-five dollars ($35.00) or more per week. Foremen engaged 

in mechanical operations or manual labor are not included in the 

above exemption. 

SECTION 3. Employers or members of the Industry who personally 

perform manual work or are engaged in mechanical operations shall 

be subject to the same maximum hours provided in this Article 

for employees. 

SECTION 4. No employees shall be permitted to work more than 

six ( 6) days in any seven en day penod. 

SECTION 5. No employer shall knowingly permit any employee 

to work for any time which, when added to the time spent at work . 

for another employer or employers in this industry exceeds the 

maximum permitted herein. 

ARTICLE IV-"\V AGES 

SECTION 1. (a) No male employee shall be paid in any pay period 

less than at the rate of forty cents ( 40¢) per hour, except as hereinafter provided. 

(b) No female employee shall be paid in any pay period less than 

at the rate of thirty-five cents (35¢) per hour, except as hereinafter 

provided. 

· SECTION 2. No accounting, clerical, office, service, or sales employee 

(including outside salesmen) shall be paid less than at the rate 

of fifteen dollars ($15.00) per week. Office boys and office girls 

under eighteen years of age shall be paid not less than at the rate 

of eighty percent ( 80%) of the above minimum, provided that the 

number of such employees shall not exceed five percent ( 5%) of the 

total number of office employees. Members of the industry employing less than twenty office employees may employ one such person. 

SECTION 3. A person whose earning capacity is limited because 

of age, physical or mental handicap, or other infirmity, 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 certificate. 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 employees. 

SECTION 4. Female employees performing substantially the same 

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

employees. Female employees engaged to replace male employees 

shall be paid at least the rates of the men whom they displace. The 

- Code Authority shall, within ninety (90) days after the effective 

date of this Code, file with the Administrator a description of all 

occupations in the Industry in which both men and women are 

employed and in which women are employed exclusively. 

SECTION 5. This Article establishes minimum rates of' pay which 

shall apply, irrespective of whether an employee is actually compensated on a time rate, piece-work, or other basis. 
122 

SECTION 6. Employers shall not reduce the rates of wages for employees whose rates are now in excess of the minimum rate of wages 

herein provided (notwithstanding that the number o:f hours worked 

in such employment n1.ay be hereby decreased), and where in any case 

an employer has not increased the rates of wages for such employees 

since July 1, 1933, by an eq-uitable adjustment of all such wage rates, 

such employer shall adjust all such wage rates. Within thirty days 

after the effective date of this code each member of the industry shall 

submit to the Code Authority a detailed report concerning such 

adjustment, and the Code Authority shall report such adjustments to 

the Administrator. This provision shall be interpreted in the same 

1nanner that paragraph seven of the President's Reemployment 

Agreement has been interpreted by the Administrator in Interpretations, Numbers One and Twenty. 

SEcTION 7. Homework in this Industry is hereby prohibited, 

except in accordance with the Executive Order of the President 

No. 6711-A, dated May 15, 1934. 

SEcTION 8. Wages shall be paid only in cash or negotiable check 

payable on demand. · 

ARTICLE V- GENERAL LABOR PROVISIONS 

SEcTION 1. No persons under eighteen (18) years of age shall be 

employed in the Industry except as office boys or office girls. No 

person under sixteen (16) years of age shall be employed in the 

Industry in any capacity. In any State any employer shall be deemed to have complied with this provision as to age if he shall have 

on file a certificate or permit, duly signed by the Authority in such 

State empowered to issue employment or age certificates or permits 

showing that the employee is of the required age. 

SECTION 2. (a) Employees shall have the right to organize and 

bargain collectively through representatives of their own choosing, 

and shall be free from the interference, restraint, or coercion of 

employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities 

:for the purpose of collective bargaining or other mutual aid or 

protection. 

(b) No employee and no one seeking employment shall be required as a condition of employment to to join any company union 

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

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

minimum rates of pay. and other conditions of employment approved 

or prescribed by the President. SECTION 3. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge so as to 

defeat the purposes or provisions of the Act or of this Code. 

SECTION 4. Every employer shall provide for the safety and 

health of employees during the hours and at the places of their 

employment. Standards :for safety and health shall be submitted 

by the Code Authority to the Administrator for approval within 

three months after the effective date of the Code. 

SEcTION 5. No provision in this Code shall supersede any State 

:or Federal law which imposes on employers more stringent require-
123 

ments as to age of employees, wages, hours of work, or as to safety, 

health, sanitary or general working conditions, or insurance, or fire 

protection, than are impo eel by this Code. 

SECTION 6. All employers shall post and keep po ted copies of 

this Code in conspicuous places accessible to all employees. Every 

member of the industry shall comply with all rules and regulations 

relative to the pos .. ing of provi ions of Codes of Fair Competition 

which may from time to time be prescribed by the Admini trator. SECTION 7. No employee now employed at a wage above the minimum shall be discharged and reemployed or replaced at a lower 

rate for the purpose of evading the provisions of this Code. 

SECTION 8. No employer shall di~miss or demote any employee 

for 1naking a complaint or giving evidence with respect to an alleged 

violation of the provisions of this Code. 

ARTICLE VI-ORGANIZATION, PowERS AND DuTIES OF THE CoDE 

AuTHORITY 

ORGANIZATION AND CONSTITUTION 

SECTION 1. A Code Authority is hereby established to cooperate 

with the Administrator in the administration of this Cod~ and shall 

consist of four ( 4) persons to be chosen by the Industry through 

a fair method of selection, approved by the Administrator. 

SECTION 2. In addition to membership as above provided, there 

may be not more than three members, without vote, to be known as 

Administration members, to be appointed by the Administrator to 

serve for such terms as he may specify. 

SEcTION 3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code 

Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its articles 

of association, by-laws, regulations, and any amendments when made 

thereto, together with such other information as to membership, 

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

SECTION 4. In order that the Code Authority shall at all times be 

truly representative of the industry and in other respects comply 

with the provisions of the Act, the Administrator may prescribe 

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 of the Code Authority. 

SECTION 5. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner to 

anyone for any act of any other member, officer, agent or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful malfeasance or nonfea ance. 

· SECTION 6. If the Administrator shall at any time determine that 

any action of a Code Authority or any agency thereof may be unfair 
124 

or unjust or contrary to the public interest, the Administrator may 

require that such acti!>n be suspended to ~:fford an opportunity for 

investigation of the merits of such action and further consideration 

by such Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

fail to di approve after thirty (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 

POWERS AND DUTIES 

SECTION 7. Subject to such rules and regulations as may be issued 

by the Administrator, the Code Authority shall have the following 

powers and duties, in addition to those authorized by other provisions 

of this Code. 

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

provide for the compliance of the industry with the provisions of the 

Act. 

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

(c) To obtain from mem.bers of the industry such information 

and reports as are required for the administration of the Code. In 

addition to information required to be submitted to the Code Authority, members of the industry subject to this Code shall furnish such 

statistical information as the Administrator may deem necessary for 

the purposes 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 

report shall be disclosed to any other member of the industry or 

any other party except to such other Governmental agencies as may 

be dire ted by the Aruninistrator. 

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

porper for the foregoing purposes and to meet such obligations out 

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 her:eof. 

(e) To make recommendations to the Administrator for the coordination of the ad..111inistration of this Code with such other codes, 

if any, as may be related to or affect members of the Indu try. 

(f) 1. It being found necessary in order to support the Administration of this Code, to maintain the standards of fair competition 

established hereunder and to effectuate the policy of the Act, the 

Code Authority is authorized: 

(a) To incur such reasonable oblio-ations as are necessary and 

proper for the foregoing purposes an8 to meet such obligations 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 necessary 

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

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry; 
125 

(c) After such budget and basis of contribution have been 

approved by the Administrator, to detBrmine and obtain equitable 

contribution as above set forth by all members of the Industry and, 

to that end, if nece sary, to institute legal proceedings therefor in 

its own name. 

2. Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority determined as hereinabove provided, and ubject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

members of the Industry complying with the Code and contributing 

to the expenses of its administration as hereinabove provided, (unless 

duly exempted from making such contributions) shall be entitled to 

participate in the selection of the members of the Code Authority or 

to receive the benefits of any of its voluntary activities or to make 

use of any emblem or insignia of the National Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation 

substantially in excess of the amount thereof as estimated in its 

approved budget; and shall in no event exceed the total amount 

contained in the approved budget except upon approval of the 

Administrator; and no subsequent budget shall contain any deficiency 

itmn for expenditures in excess of prior budget estimates except those 

which the Administrator hall have so approved. 

(g) To recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions 

to govern members of the industry in their relations with each 

other or with other industries; measures for industrial planning, 

and stabilization of employment; and.includincr modifications of this 

Code which shall become effective as part hereof upon approval by 

the Administrator after such notice and hearing as he may specify. 

(h) To appoint a Trade Practice Committee which shall meet 

with the Trade Practice Committees appointed under such other codes 

as may be related to the industry for the purpose of formulating 

fair trade practices to govern the relationships between employers 

under this code and under such other codes to the end that such fair 

trade practices may be proposed to the Administrator as amendments 

to this code and such other codes. 

(i) To provide appropriate facilities for arbitration, except labor 

disputes and subj-ect to the approval of the Administrator, to prescribe rules of procedure and rules to effect compliance with .awar0.s 

and determinations. 

(j) To recommend and submit to the Administrator a merchandisjng plan for the Industry that shall become effective on hjs 

approval. 

(k) To cause to be formulated methods of co t finding and accounting capable of u e by all members of the industry, and shall 

submit such methods to the Admini trator for review. If approved 

by the Administrator, full information concerning such methods shall 

be made available to all members of the industry. Thereafter, each 

member of the industry shall utilize such methods to the extent found 

practicable. Nothing herein contained shall be construed to pernut 

the Code Authority, any agent thereof, or any member of the industry to suggest uniform additions, percentages or differentials or 
126 

other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. 

ARTICLE VII-OPEN PRICE 

SECTioN 1. Each member of the industry shall file with a confidential and disinterested agent of the Code Authority or; if none, 

then with such an agent designated by the Administrator, identified 

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

terms or conditions of sale, hereinafter in this article referred to as 

"price terms", which lists shall completely and accurately conform 

to and represent the individual pricing practices of said member. 

Such lists shall contain the price terms for all such standard products 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 

instance be filed within thirty days after the date of approval 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 distribution thereof and be 

available for inspection by any of their customers at the office of 

such agent. Said list or revisions or any part thereof shall not be 

made available to any person until released to all members of the 

industry and their custon1ers, as aforesaid; provided, that prices filed 

in the first instance shall not be released until the expiration of thn 

aforesaid thirty 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 shall not destroy any part of such 

records except upon written consent of the Ad.min1strator. Upon 

request of the Code Authority shall furnish to the Administrator or 

any duly designated agent of the Administrator copies of any such 

lists or revisions of price terms. · 

SECTION 2. 'Vhen any member of the indu,stry has filed any revision, 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 of the industry, for which price terms have been filed 

pursuant to the provisions of this article, except in accordance with 

such price terms. 

SECTION 4. No member of the industry shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the industry 

to change his price terms 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. 
127 

ARTICLE VIII-TRADE PRACTICE RULEs 

1. No member of the Industry shall i~ ue advertising (whether 

printed, radio, display 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 limiting 

its use, trade mark, grade, quality, origin, size, substance, character, 

nature, finish, material content or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted. 

2. No member of the Industry shall withhold .from or insert in 

any quotation or invoice any statement that makes it inaccurate in any 

material particular. 

3. No member of the Industry shall brand or mark or pack any 

goods in any manner which is intended to or does deceive or mislead purchasers with respect to the brand, grade, quality, quantity, 

origin, size, substance, character, nature, fini,sh, material content, or 

preparation of such goods. 

4. No member of the Industry shall publish advertising which refers inaccurately in any material particular to any competitors or 

their goods, prices, values-) credits, terms, policies, or services. 5. No member of the lndustry 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 reasonable time shall be evidence 

that any such threat is unwarranted or unjustified. 

6. No 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 

otherwi,se, 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. 

7. No member of the Industry shall ship goods on consignment except under regulations prescribed by the Code Authority and approved by the Administrator. 

8. No member of the Industry shall give, permit to be given, or 

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 employees, 

the principal of such ·agent or the represented party, without the 

knowledge of such employer, principal, or party. This provision 

shall not be construed to prohibit free and general distribution of 

articles commonly used for advertising except so far as such articles 

are actually used for commercial bribery as hereinabove defined. 

9. No member of the Industry shall wilfully induce or attempt to 

induce the breach of existing contracts between competitors and their 

customers by any false or deceptive me.ans, or interfere with or obstruct the performance of any such contractual duties or services by 

any such means, with the purpose and effect of hampering, injuring or embarrasing competitors in their business. 

10. No member of the Industry shall require that the purchase or 

lease of any goods be a prerequisite to the purchase or lease of any 

other goods. Nor shall any member of the industry deliver products in quantities in excess of that actually ordered and for which 
128 

the buyer has contracted to pay, nor send unordered products either 

to regular or prospective customers. 

11. No member of the Industry shall offer employment to or entice away employees of another member of the Industry for the 

purpose of securing thereby confidential information concerning 

trade secrets, or other confidential data of a member of the Industry's business, the possession of which would unduly hamper, injure 

or embarrass members of the Industry in their business; but nothing 

in this paragraph shall prevent an employee from offering his services to a competitor or prevent any employer from employing the 

employee of another member of the Industry, if the initiative is 

taken by the employee. 

12. No member of the Industry shall imitate trade marks, trade 

names, slogans or other marks of Identification of competitors' products for the purpose of unduly hampering or eml;>arrassing a competitor and/ or for the purpose of deceiving the prospective purchasers of such products; nor shall any member of the Industry 

catalogue a manufacturer's product which is not sold by that member 

of the Industry. 

13. No me1nber of the Industry shall ship or deliver products 

which do not conform to the samples submitted or representation 

made prior to the order, nor shall any member of the Industry recommend specifications which are known to be faulty or hazardous frorr1 

a construction viewpoint, or secretly change specifications in figuring estimates for the purpose and effect of misleading competitors 

and customers or execute any contract other than in strict accordance 

with the construction specifications on which the contract was estimated and secured. 

14. No member of the Industry shall accept the return of goods 

for credit unless permission therefor is granted prior to the return 

and unless the same are returned within thirty days from the date 

of shipment and in no case shall the manufacturer defray any o£ 

the transportation charges or other expenses incurred in handling 

or reconditioning such goods. This shall not apply to products 

returned on account of defects in manufacture, or error or delay 

in shipment, non-conformity with sample, or breach of warranty. 

15. No member of the Industry accepting products for reconditioning and reshipment to same purchaser shall defray or absorb 

any transportation or other expense incidental to handling or reconditioning of such products, except in cases of reconditioning necessitated by such member's breach of warranty or defects in manufacture. 

16. No mem·ber of the Industry shall make fictitious or blind bids 

for the purpose of deceiving competitors or purchasers, or any 

attempt through connivance to have all bids rejected to the end 

that a more advantageous position may be secured in new bidding. 

(a) Nor shall any mamber of the Industry bid a lump sum for 

a group of items. In all competitive bids the price of each class of 

units shall be stated for each item. 

17. No member of the Industry shall discriminate between customers of the same class and prices to all customers shall be the price 

filed by the individual member of the Industry in his current list 

price and/ or discount sheets. They shall apply on all orders ~or the 
129 

same quantity of a given item taken at the one time and shipped 

to the same destination. Such prices shall be established Independently by each member of the Indu try. 

18. No member of the In ln ·try shall make f alse or misleading 

statements as with respect to reports, written or oral, required by 

the provisions of thi Code, or any re olution duly adopted by the 

Code Authority and approved by the Administrator. 

19. No member of the Industry shall aid or abet any person, firm, 

association, or corporation in any unfair practice prohibited in 

this Code or engage in any subterfuge to defeat the purposes of 

and provisions of this Code and the Act. 

ARTICLE IX-:MomFICATION 

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 time to cancel or modify any order, approval, license, rule, 

or regulation issued under Title I of said Act. 

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

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

Administrator, be modified or eliminated in such manner as may 

be indicated by the needs of the public, by changes in circumstances 

or by experience. All the provisions of this Code, unless so modified or eliminated, shall remain in effect until June 16, 1935. 

ARTICLE X-MONOPOLIES 

No proVIsion of this Code shall be so applied as to permit monopolies or monoplistic practices, or to eliminate, oppress or discriminate against small enterprises. 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases except such as may · be required to meet individual cost 

should be delayed, but when made such increases should, so far as 

possible, be limited to actual additional increases in the seller's costs. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 505. 

Registry No. 1(3.98-07. 

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UNIVERSITY OF FLORIDA 

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