Approved Code No. 532 Registry No. 1702-37 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CAR ADVERTISING TRADE 

AS APPROVED ON NOVEMBER 22, 1934 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 19H 

For sale by the Superintendent of Documents, Washington, D. C. • • • • • • • • Price G cenls 
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Approved Code No. 532 

CODE OF FAIR COMPETITION 

FOR THE 

CAR ADVERTISING TRADE 

As Approved on November 22, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE CAR ADVERTISING 

TRADE 

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 Car Advertising Trade, and hearings having been duly held thereon and the annexed report on said Code, 

containing findings with respect thereto, having been made and 

directed to the President: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it, by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise, 

does hereby incorporate by reference said annexed report and does 

find that said Code complies in all respects with the pertinent provisions and will promote the policies and purposes of said Title of 

said Act; and does hereby order that said Code of Fair Competition 

be and it is hereby approved. 

NATIONAL INDUSTRIAL REOOVERY BOARD, 

By "\V. A. HARRIMAN, Adtministrative Officer. 

Approval re-commended: 

ROBERT L. HOUSTON' 

Division Administrator. 

w ASHINGTON, D. c., 

N ov~mber 9293, 1934. 

98969 °-1325-77-34-1 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House.. 

INTRODUCTION 

Srn: This is the report of the National Industrial Recovery Board 

on the application for, and the public hearing on a Code of Fair 

Competition for the Car Advertising Trade. The public hearing 

was conducted in Washington on January 5, 1934. Every person 

who requested an appearance was freely heard in accordance with 

statutory and regulatory requirements. 

There are estimated to be twenty-six (2t>) concerns in the Trade. 

The group contacted all known members, and it is certain that 

ninety-five per cent (95%) of the business was directly rep-resented. 

There is no trade association within the Trade. 

DEFINITION 

The service performed by the Trade proposing this Code is that 

of displaying advertisements in or upon street cars, trucks, busses, 

cars and stations of elevated railways, subways and steam or electric 

railways. 

ECONOMIC AND STATISTIC.AL MATERIAL 

As stated, there are approximately 26 concerns in the Car Advertising Trade which in 1928 produced a business of $17,000,000 and 

gave employment to 2,000 persons. Like all advertising services, 

this Trade is controlled in direct ratio by the reaction of local and 

national units of industry to general conditions. Until the setback 

of 1929-33, this type of advertising was showing wider and more 

constant use by local and national advertisers. In 1933, the volume 

of business was $12,000,000 and employment stood at 1,100; a decline 

in volume of business of thirty per cent (30%) and in employment 

of fifty-five per cent ( 55%). The Car Advertising Trade buys 

large quantities of letter press and lithographed display cards so 

the volume of car advertising business has direct appreciable effects 

upon engraving and printing plants. 

RESUME OF CODE PROVISIONS 

The Code establishes a forty ( 40) hour week for employees engaged in work outside of the employer's shop. The group of employees, however, in the event of necessity, may be permitted to work 

an additional four ( 4) hours in any one ( 1) week provided that in 

such special case at least time and a half shall be paid for such hours 

worked in excess of the maximum. This allows sufficient latitude 

(2) 
3 

to employers when necessity for quick changes of advertising copy 

arise. For office employees, a work week of thirty-seven and onehalf (371⁄2) hours is provided. It is estimated that employment in 

the Trade will increase fifteen per cent ( 15 % ) on the basis of the 

same volume of business as was available in 1933. 

The minimum rate of pay for all classes of employees is Fifteen 

Dollars ($15.00) a week. 

FINDINGS 

The Deputy Administrator in his final report to the Board on said 

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

proceedings in this matter ; 

The National Industrial Recovery Board finds that: 

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

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for -the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

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

utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be 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 Trade normally employs not more than 50,000 employees· and is not classified by the Board 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 tha.t the applicant group 

is truly representative of the aforesaid Trade; and that said group 

imposes no inequitable restrictions on admission to membership 

therein. 

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

monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

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

For these reasons, the Code has been approved. 

For the National Industrial Recovery Board: 

W. A. ILumIMAN, 

NOVEMBER 22, 1934. 

Administrative Officer. 
CODE OF FAIR COMPETITION FOR THE CAR 

ADVERTISING TRADE 

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 Car Advertising Trade, and its provisions shall be the standards 

of fair competition for this Trade and shall be binding upon every 

member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Car Advertising Trade", as used herein 

includes the production for others of display advertising and the 

services incidental thereto, in or upon street cars, trucks, busses, cars 

and stations of elevated railways, subways, and steam or electric railways, and such related branches or subdivisions as may from time to 

time be included under the provisions of this Code. 

SECTION 2. The term " member of the Trade " as used herein 

includes, but without limitation, any individual, partnership, association, corporation or other form of enterprise engaged in the Trade, 

either as an employer or on his or its own behalf. 

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

all persons engaged in the Trade, however compensated, except a 

member of the Trade. 

SECTION 4. The tenn "employer" as used herein includes anyone 

by whom such employee is compensated or employed. 

SECTION 5. The tern1s " President ", "Act " and " Board " as used 

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

of the National Industrial Recovery Act, and the National Industrial 

Recovery Board. 

ARTICLE III-HOURS 

SECTION 1. No employee engaged in work outside of the employer's 

shop, except outside salesmen, shall be permitted to work in excess 

of forty ( 40) hours in any one week or eight ( 8) hours in any twenty-four (24) hour period (beginning at midnight) except as herein 

otherwise provided. 

SECTION 2. No other employee ( except outside salesmen and employees engaged in a managerial or executive capacity who are paid 

regularly Thirty-five Dollars ($35.00) per week or more) shall be 

permitted to work in exces of thirty-seven and one-half (371⁄2) hours 

per week or eight (8) hours in any twenty-four (24) hour period. 

SECTION 3. In the event, however, of emergency requirements for 

changes in car advertising displays an employee may be permitted to 

exceed the maximum hours herein established to the extent of :four 

( 4) additional hours in any one ( 1) we2k, but in any such special 

(4) 
5 

case at least one and one-half times his normal rate of pay shall be 

paid for all time worked in excess of the maximum hours provided 

in this Article. 

SECTION 4. No employee shall be permitted to work more than six 

(6) days in any seven (7) day period. 

SECTION 5. No employer shall permit any employee to work for 

any time which when totaled with that performed for another empl0yer, or employers, exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid at less than the rate of Fifteen Dollars ($15.00) per weBk. 

SECTION 2. This Article establishes a minimum rate of pay, which 

shall apply, irrespective 0£ whether an employee is compensated on 

a time rate, piece-work, or other basis. 

SECTION 3. Each employee ( except one engaged in a supervisory, 

managerial, executive or selling capacity, who is paid Fifty Dollars 

($50.00) per week or more) shall be paid a wage rate ( whether paid 

on a time rate, piece rate, bonus, commission or other basis) which 

will yield at least the same wage for the shorter full-time week 

herein established as that which he could have earned for the same 

class of work for the longer full-time week as of June 16th, 1933. 

Wage increases established under the President's Reemployment 

Agreement shall at least be maintained. 

SECTION 4. Female employees performing substantially the same 

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

employees and when they displace men they shall be paid the same 

rate of pay as the men they displace. 

SECTION 5. A person whose earning capacity is limited because of 

age, physical or mental handicap or other infirmity, may be employed at light work at a wage below the minimum established by 

this Code if the employer obtains from the State Authority desjgnated by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall 

be stated in the certificate. 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. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SE TION 1. 0 hild L ab01~.-N o person under sixteen ( 16) years of 

age shall be employed in this Trade nor anyone under eighteen (18) 

years of age at operations or occupations hazardous in nature or 

detrimental to health. The Code Authority shall submit to the 

Board within ninety (90) days after the effective date of this Code 

a list 0£ such occupations. In any State, an employer shall be 

deemed to ha, e complied with this provision if he shall have on file 

a certificate or permit duly issued by the authority in such State 

empowered to issue employment or age certificates or permits showing that the employee is of the required age. 

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

bargain collectively through representatives of their own choosing, 
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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 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 Board within six 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 requirements as to age of employees, wages, hours of work, or as to safety, 

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

protection, than are imposed by this Code. 

SECTION 6. If any employer of labor in this Trade is also an employer of labor in any other trade, the provisions o:f this Code shall 

apply to and affect only that part of the business which is a part of 

the "Car Advertising Trade'. 

SECTION 7. No employee shall be dismissed, demoted or otherwise 

discriminated against by reason of making a complaint or giving 

evidence with respect to an alleged violation of this Code. 

SECTION 8. No employee who has been regularly employed in any 

one establishment for nine ( 9) weeks or more shall be discharged on 

less than one week's notice. 

SECTION 9. All employers shall post and keep posted copies of the 

full labor provisions of this Code in conspicuous places readily accessible to all employees in the normal course of their customary 

occupations. Every member of the Trade shall comply with all 

rdes and regulations relative to the posting of provisions of Codes 

of Fair Competition which may from time to time be prescribed by 

the Board. 

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE 

AUTHORITY 

SECTION 1. Further to effectuate the policies of the Act, a Code 

Authority is hereby established and shall be the agency for the 

Administration of this Code and shall have such powers and duties 

as are prescribed in this Code. 

SECTION 2. The Code Authority shall consist of not more th~~ 

five ( 5) individuals or such other number as may be approved from 

time to time by the Board, to be selected as hereinafter set forth ; 

and of such additional members without vote, to be known as Ad-
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ministration members, to be appointed by the Board to serve for 

such terms as it may specify. 

SECTION 3. The Code Committee of the Car Advertising Trade 

shall arrange, subject to the approval of a fair and equitable plan 

and method therefor by the Board, for the nomination and election 

of the Code Authority within 60 days from the effective date ?I 

this Code. Each member of the Trade shall have one (1) vote m 

the nomination and election of the trade members of the Code 

Authority. 

SECTION 4. Trade members of the Code Authority shall be elected 

to serve until May 31, 1935 or until their successors are elected. 

Until the Code Authority is elected, the Code Committee shall serve 

as Code Authority provided that in no event shall it serve beyond 

60 days from the effective date of this Code. If the Code Authority 

shall not be elected within such period, the Board shall appoint a 

temporary Code Authority of five ( 5) members to serve until the 

election of the Code Authority by the trade. 

SECTION 5. 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 Board 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 Board may deem necessary to effectuate the 

purposes of the Act. 

SECTION 6. In order that the Code Authority shall at all times be 

truly representative of the Trade and in other respects comply with 

the provisions of the Act, the Board, may prescribe such hearings 

as it may deem proper; and thereafter if it 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 7. 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 nonfeasance. 

SECTION 8. If the Board shall at any time determine that any 

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

unjust or contrary to the public interest, the Board may require 

that such action be suspended to afford an opportunity for investiga- tion 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 Board approves or unless it shall fail to disapprove after thirty (30) days' notice to it of intention to proceed 

with such action in its original or modified form. 

SECTIO 9. Powers and Duties.-Subject t o such rules and regula- tions as may be issued by the Board, the Code Authority shall have 

the following powers and duties, in addition to those authorized by 

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

provide f or the compliance of the Trade with the provisions of the 

.A.ct. 

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

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

reports as are r equired for the administration of the Code. In addition to information required to be submitted to the Code Authority, 

members of the Trade subject to this Code shall furnish such statistical information as the Board may deem necessary for the purposes 

recited in Section 3 (a) of the Act to such Federal and State Agencies 

as it may designate; provided that nothing in this Code shall relieve 

any member of the Trade of any existing obligations to furnish 

reports to any Governmental agency. No individual report shall be 

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

except to such other Governmental agencies as may be directed by 

the Board. 

( 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 herein shall relieve the Code Authority 

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

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

with the provisions hereof. ( e) To make recommendations to the Board for the coordination 

of the Administration of this Code with such other Codes, if any, as 

may be related to or affect members of the Trade. 

SECTION 10. It being found necessary, in order to support the 

administration of this Code, to effectuate the policy of the Act and 

to maintain the standards of f air competition established hereunder, 

the Code Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which shall be held in trust for the purposes of the Code 

and raised as hereinafter provided; 

(b) To submit to the Board for its approval, subject to such notice 

and opportunity to be heard as it 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 all member~ of the Trade entitled 

to the benefits accruing from the maintenance of such standards, and 

the administration thereof; 

( c) After such budget and basis of contribution have been approved by the Board, to determine and collect equitable contributions as above set forth by all members of the Trade, and to that 

end, if necessary, to institute legal proceedings therefor in its own 

name. 

SECTION 11. Each member of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Code 

Authority determined as hereinabove provided, and subject to rules 

and regulations thereto issued by the Board. Only members of the 

Trade con1plying 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 members of the Code Authority or to receive the bene-
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fits of any of its voluntary activities or to make use of any emblem 

of the National Recovery Administration. 

SECTION 12. 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 

Board; and no subsequent budget shall contain any deficiency item 

for expenditures in excess of prior budget estimates except those 

which the Board shall have so approved. 

SECTION 13. The Code Authority is authorized to recommend to 

the Board any action or measures deemed advisable, including further fair trade practice provisions to govern members of the Trade 

in their relations with each other or with other trades; measures 

for industrial planning, and stabilization of employment; and including modifications of this Code which shall become effective as 

part hereof upon approval by the Board after such notice and 

hearing, if any, as it may specify. 

SECTION 14. The Code Authority is authorized 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 

Trade 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 Board as amendments to this Code and such other 

Codes. · 

SECTION 15. The Code Authority is authorized to provide appropriate facilities for arbitration, and subject to the approval of the 

Board, to prescribe rules of J?rocedure and rules to effect compliance 

with awards and determinat10ns. SECTION 16. There shall be established a Labor Complaints Committee for the Trade, which shall consist of an equal number of representatives of employers and employees and an impartial chairman. The Board shall appoint such impartial chairman upon the 

failure of the committee to select one by agreement within 30 days 

from the establishment of the Committee. If no truly representative labor organization exists, the employee members of such board 

may be appointed by the Board. The employer representatives 

8hall be chosen by the Code Authority. Such committee shall deal 

with complaints relating to labor in accordance with any rules and 

regulations issued from time to time by the Board. The Labor Complaints Committee may establish such divisional, regional, and local 

industrial adjustment agencies as it may deem desirable, each of 

which shall be constituted in like manner as the Labor Complaints 

Committee. 

ARTICLE VII-TRADE PRACTICE RULES 

RUI.E 1. I naccurate Advertising.-No member of the Trade shall 

publish advertising as to his own business (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 limitation its use, trade- mark grade, quality, quantity, origin, size, substance, char acter, 

nature, finish, material, content or preparation) or credit terms, 
10 

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

conducted. 

RUI.E 2. False Billing.-No member of the Trade shall knowingly 

withhold from or insert in any quotation or invoice any statement 

that makes it inaccurate in any material particular. 

RULE 3. Def amation.-N o member of the Trade shall defame a 

competitor by falsely imputing to his dishonorable conduct, inability to perform contracts, questionable credit standing, or by other 

false representation, or by falsely disparaging the grade or quality 

of . his goods or services. 

RULE 4. Threats of Law Su,its.-N o member of the Trade 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. 

RUI.E 5. Bribing Employees.-No member of the Trade 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 0£ such employee, 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. 

RUI.E 6. I nducing Breach of Ewuting Oontracts.-No member of 

the Trade shall wilfully induce or attempt to induce the breach of 

existing contracts between competitors and their customers by any 

false or deceptive means, 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 embarrassing 

competitors in their business. RUI.E 7. No member of the Trade shall join or participate with 

other members of the Trade who with such member constitute a 

substantial number of members of the Trade or who together control a substantial percent of the business in the Trade, in any transaction known in law as a black list, including any practice or device 

which accomplishes the purpose of a black list. RUI,E 8. No member of the Trade shall aid any customer through 

the publication of any advertising or sales copy in any display 

within the control of the Trade to violate the fair trade practices 

or other provisions in any approved Code of Fair Competition for 

any trade or industry of which any such customer is a member. 

ARTICLE VIII-MonIFIOATION 

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

made subj ect 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 

Board, be modified or eliminated in such manner as may be indicated by the needs of the public, by changes in circumstances, or by 
11 

experience. All the provisions of this Code, unless so modified or 

eliminated, shall remain in effect until June 16, 1935. 

ARTICLE IX-MONOPOLIES 

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 X-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, and when made such increases should, so far as 

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

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 532. 

Registry No. 1702-37. 

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