Approved Code No. 4 77 Registry No. 312- 21 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PUBLIC SEATING INDUSTRY 

AS APPROVED ON JULY 10, 1934 

WE DO OUR PART· 

-- --- 0-= - ,,, ~ ----

U.8. DEPotttTOfW 

UNITED ST ATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

I 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, .Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y. : Chamber of Commel'ce Building. 

Obarleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chawber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore .A venue. 

Los .Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 F ederal Building. 

Memphis, 'Ienn.: 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 Ne,v Post Office Building. 

St. Louis, Mo.: 506 Oli,e Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code ~o. 477 

CODE OF FAIR COMPETITION 

FOR THE 

PUBLIC SEATING INDUSTRY 

As Approved on July 10, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE PUBLIC SEATING 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with tlie provisions of Title I of the National Industrial 

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

of Fair Competition for the Public Sea.ting Industry, and hearings 

having been duly held thereon and the annexed report on said Code, 

containing findings with respect thereto, having been made and 

directed to the President: 

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

States, I, I-Iugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

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

the pertinent provisions and will promote the policy and purposes 

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

Fair Competition be and it is hereby approved for a period of ninety 

(90) days; provided, however, that the provisions of Article VII, 

Section 2 insofar as they prescribe a waiting period between the 

filing with the Code Authority and the effective date of revised price 

lists or revised terrn,s and conditions of sale, be and they hereby are 

stayed pending my further Order. 

HUGHS. JOHNSON, 

Admin.istrato1· for Industrial R ecovery. 

Approval recommended : 

B ARTON w. MURRAY, 

Division Adrninistrator. 

vv ASHINGToN, n.c., 

July 10, 1934. 

73080 °-820-40-84-1 (1) 
REPORT TO THE PRESIDE T 

The PRESIDE T, 

The 1Vhite House. 

Sm : Thi is a rer ort on the Code of Fair ompetition for the 

Public eating Industry, as revised after a public hearino- conducted 

in "a hington, D.C., on J anua1y 19, 1934 in accordance with the 

pro i ions of Title I of the National Industrial Recovery A t. 

PROYISIONS OF THE CODE AS TO HOURS WAGES ND GENERAL LABOR 

PROVISIONS 

1. This Code provides that no employee shall be permitted to work 

in excess of thirty-six ( 36) hours in any week or in excess of eight 

(8) hours in any day or more than five ( 5) days in any week except 

as follows: 

(a) Employee· engaged in clerical or office work hall not be 

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

(9) hours in any day or five and one-half (51⁄2) days in any week. (b) Employee eno·aged as watchmen and night firemen hall not 

be permitted to work in exce s of eighty-four• (84) hours in any 

two (2) weeks' period or forty-eight ( 48) hours in any week. 

( c) To provide for sea onal peaks, employees ( other than those 

engaged in clerical or office work and tho e engaged as watchmen 

and night firemen), may be permitted to work not in exce s of 

forty-eight (48) hours in any one (1) week in not more than six 

(6) week of any six (6) months' period; provided, however, that 

this tolerance shall not be permitted if seasonal demand can be met 

by the employment of additional employees; and further provided, 

that at lea t one and one-half (11⁄2) times the normal rate of pay 

8hall be paid for all hours worked in excess of the maxima provided 

in Section 1 of Article III of the Code. 

2. This Code exempts from hourly limitations per ons ~mployed 

in a manaaerial or executive apa ity who e.arn not less than thirtyfive dollar (. 35.00) per week and employee ngag cl in emergency 

maintenance or emergen y repair work pr id cl, howev r that in 

·ase of emer<Yenc ' 1naintcnan e or mergencv r pair work, at lea t 

one and one-half (11/2 ) tjme tlrn normal rat of pay shall L paid 

for hour worked in x e s of th maximum hour proYidcd in 

Section 1 of Article III. •

1·. Thi ode establi he a minimum rate of pay of forty cents 

( 0.40) p r hour and a minimum rate of pa irr pcctiv of whether 

the employee i. actually compen atec1 on a tim rate pieoc work or 

other basi . Randi ar peel per. ns ma. be n I 1 y <l at 1 s th.an the 

minimum wacre und r the usual pr cribed on<li ion . 4. Thj: ode al. o provides that no mploy r . hall redu th exi ting minimum wag._, rates of pay wh r the are n w in xce of the 

(2) 
3 

minimum rates established by the Code and further provides for an 

equitable adjustment of all wages above the minimum. Provisions 

are incorporated relative to the employment of handi~apped persons 

and rates of pay for female employees and covering complaints by 

employees of alleged violations, standards for safety and health, 

posting of the Code, and payment of wages. 

5. Further, this Code provides that no employee now employed 

at a rate in excess of the minimum shall be discharged and reemployed or displaced by another employee at a lower rate. for purposes 

of evading the provisions of this Code. Further, no person under 

sixteen (16) years of age sl].all be employed in the industry, and no 

person under _eighteen ( 18) years of age shall be employed at operations or occupations hazardous in nature or dangei·ous to health. 

Further, no employer shall reclassify employees or duties of occupa- . tions performed or engage in any other subterfuge for the purpose 

of defeating the provisions of the Act or of this Code. 

ECONOMIC EFFECTS OF THE CODE 

1. The report of the Research and Planning Division indicates 

that the sales volume of the industry in 1929 was approxim11tely 

$25,000,000 and that about 2,550 were employed in the industry in 

that year. This report further indicates the absence of available 

statistics reflecting the trends in this Industry, but nevertheless inclicates that the annual sales declined from about $28,000,000 in the 

year 1927 to about $4,800,000 for the year 1933, or about eighty-two 

percent (82% ), and that the severest decline occurred during the last 

three (31) years as witnessed by a decline from $20~100,000 in 1930 to 

$4,800,000 in 1933. The trend of factory employment has likewise 

been steadily downward. Since the high point in 1928, employment 

has dropped about fifty percent ( 50%) to about 1,041 factory employees in the first half of 1933·. 

2. The demand for the products of this Industry is to a large 

degree dependent on the construction, alteration and repair of public structures including schools, theatres and churches. 

3. It has been deemed impractical to reduce the wqrk week ufficiently to reabsorb those unemployed since 1929 ( which would 

necessitate a fifteen (15) to twenty (20) hour week) and at the 

same time to restore the purchasing power of 1929. However, the 

thirty-six (36) hour week and the minimum hourly rate of forty 

cents ($0.40) as established by the Code should provide a material 

increase in purchasing power. 

FINDINGS 

The Assistant 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 I ndustrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 
4 

con1mer which ten l to dimini h the amount th reof and will frovid for the g n ral welfare by I rom ting the oro-anization o inlu tr for th purr of oop rative action among tho trade 

gr up·, by inducino· and maintaining unit d action of labor and 

nrn.nao· ment uncl r adequate o·overnn1ental anction · and ur erviion by liminatin~ unfair competitive practic by promoting the 

full t po ible utilization of the pre nt productive capacity :£ 

indu tri b avoidin undue r triction of production ( except as 

may be temporarily required), by increasing the con umption of 

indu trial and a Ticultural pro lucts through increa ing purchasing 

power, by reducino- and relieving unemployment, by improving 

tandard of labor and by otherwi e rehabilitating industry. 

(b) aid Industry normally mploys not more than 50 000 employee · and is not las ified by me as a major industry. 

( c) The Code as approved complies in all respects with the per- · tinent 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 group 

is an industrial group truly representative of the aforesaid Industry; and that said gTOUp imposes no inequitable restrictions on 

admission to me1nbership therein. 

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

or monopolistic practie0s. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons, therefore, I have approved this Code for a 

period of ninety (90) days in order to provide for the further 

study and establishment of a more inclusive code or codes comprehending those businesses competitive or potentially competitive in 

nature and producing products from the same or similar cla sifications of labor, and by the same or similar machines. 

Re pectfully, 

JULY 10, 1934. 

HUGH s. JOHNSON' 

Adniinistr-ator. 
CODE OF FAIR COMPETITION FOR THE PUBLIC 

SEATING INDUSTRY 

ARTICLE I-PURPOSE 

' 

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 Public Seating Industry, and its provisions shall be the standard 

of fair competition for such industry and shall be binding upon 

every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Public Seating Industry" or "industry", 

as used herein is defined to mean and include the fabricating and/or 

assembling ( for sale) and installing (by those who fabricate and/ or 

assemble) of the products of this industry, and such related branches 

and sub-divisions as may be from time to time included under the 

provisions of the Code by the Administrator after such notice and 

hearing as he may prescribe. 

SECTION 2. The term "products of the industry" or "products" 

as used herein is defined to mean and include public seating (upholstered or non-upholstered), fabricated and/ or asseinbled of wood, 

plywood, iron, steel, non-ferrous metals, or any combinations of these 

materials, and consisting of the following: 

(a) Fixed or connected seating for such public places as theatres, 

auditoriums, lodges, assembly halls, shoe stores, rinks, ball parks, 

race tracks, stadia, and other similar buildings, and structures; 

(b) Pewing, chancel, choir stalls, and related furniture and accessories for ecclesiastical purposes ( of which an itemized list is attached hereto as Appendix A) ; furniture for such places as lodge 

rooms and Sunday schools ( of which an itemized list is attached 

hereto as Appendix B) ; seats and benches for court houses, hospitals, 

public waiting rooms and for other similar public purposes, provided, however, all such products are fabricated and/ or assembled 

predominantly of wood or plywood, for a specified project; 

( c) Pupil's desks, pupil's tables, pupil's chairs, and school furniture for all educational purposes ; 

( d) Portable chairs with folding seats in both single and multiple units; 

( e) Portable folding seating in single units for other than household use; 

(f) Fixed seating for public passenger transportation not including vertical transportation : 

Provided, further, that the following are specifically not included: 

(g) Bleacher type seats and benches, fabricated and/or assembled 

exclusively of wood and iron; 

(5) 
6 

(h) Pr duct a~ d fin l b checlul D the Suppl mentary Code 

for the Laborat r • Furnitnr f::mufactur r ection of th ode of 

Fnir mp t' ti n' for th ci ntific I parntus Industry a· a pp roved 

b th Pr . itlent on ov mber 14 193 · 

· (i) Tablet arm chairs and hool chair fabricate l and/or a embl l exclu iYel f wood. 

E TIOX 3. 'The term m n1ber of the in u 'try in lu 1 an one 

cncrao-cd in th indu try as abm-e d fined, either as an mploj er or 

on hi or it o, n behalf. 

ECTIO 4. The t,erm ' employee " a u ed herein includ s any and 

all pers n ngaged in the in lustry, however compen ated, except a 

1nember of the industry. 

SECTIO 5. The term "employer' as used herein includes anyone 

by whom any such employee is compen ated or employed. 

SECTION 6. The term trade " as u eel herein is defined to mean 

and include all functional classifications of enterpri e in the distributive process. 

SECTION 7. The " Trade Practice Committee " as u eel herein i 

defined to mean the Committee established by virtue- of the approval 

of the Federal Trade Commis ion as of February 12, 1930, and which 

functions as the trade association pro~o ing this Code. 

SECTION 8. The terms "President', "Act", and Admini trator ' 

as used herein shall mean respectively the President of the United 

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

AR'l'ICLE III-Houns 

SECTION 1. n1 aximum H m//J· ·.-No employee hall be permitted to 

work in excess of thirty-six (36) hours in any week (seven (7) day 

period), or eight (8) hours in any one day (twenty-four (24) hour 

period), or more than five ( 5) days in any one seven (7) day period. 

SECTION 2. Exceptions as to Ho'u,rs.-No per on employed in clerical or office work shall be permitted to work in exce. s of fort. ( 40) 

hours in any week (seven (7) day period), or nine (9) hour in any 

clay (twenty-four (24) hour period), or five and one-half (5V2 ) da s 

in any seven (7) clay period. 

SECTION 3. No person employed a watch111an or nio-ht fireman 

shall be permitted to work in cxce s of eighty-four ( 4) hour" in any 

two (2) eek period or forty-eio-ht ( 48) hours in any one eek. 

SECTION 4. To prov1de for s a onal peak mploye covered by 

Section 1 may be permitted to i,vork not in excess of nine (9) hour. 

in any twenty-four (24) hour period, nor more than fort - ight ( 4 ) 

hours in any one week (, even (7) day period) in not m r than six 

(6) week. of any six (G) month ' p riod; provid d howcv r that 

this toleranc ·hall not be permitted if t>a onal leman ls c n be m t 

by the cmplo m nt of additional emplo ee · and fnrth r provided, 

that at Jen t on and on -half (11⁄2) tim , the normal rate of pay 

shall b pail for nll 1 our.~ worke l in .-c . of th maxi num pro ided 

herein in Se tion 1. 

SECTI N 5. Exe·niptim a to H o-ur .-The maximum hours provi led by this rti 1 shall not apply t travelino al m n or to 

persons employed in a mana ·crial r :xecutiYe capa ·it ho earn 
7 

not less than thirty-five dollars ($35.00) per week, or to employees 

engaged in emergency maintenance or emergency repair work; provided, however, that in cases of emergency maintenance or e1nergency repair work at least one and one-half ( 1 1⁄2 ) times the normal 

!"ate of pay shall be paid for hours worked in excess of the maximum 

hours provided herein. 

SECTION 6. Eniployment by Several Ernploye1·s.-N o employer 

shall knowingly permit any employee to work for any time which 

when totaled with that already performed for another employer or 

onployers exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. Mini111,u1n W age.-N o employee shall be paid less than 

at the rate of forty cents ($0.40) per hour, except as herein otherwi e 

provided. 

SECTION 2. lV age R educti-ons.-N o employer shall reduce existing 

minimum wage rates of pay where these are now in excess of the 

minimum rates established by this Article. 

SECTION 3. Handi.capped Pers01i.s.- 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 

cerificate 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 "·ith 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. Piece-work 001npensation--Milnimum, lVages.-A guaranteed minimum rate of pay is established by this Article regardless 

of whether the employee is compensated on the basis of the time rate 

or on a piece-work performance or other basis. 

SECTION 5. Evasion through Reeniployment.-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 6. Fe1nale E1nployees.- Female employees performing 

sub tantially the same work as male employees shall receive the sa!lle 

rates of pay as male employees. 

SECTION 7. lVages above the Mininiu.m.-On or before the effective 

elate every employer shall make an equitable adjustment of all wage 

rate above the minimum. In no case shall wage rates be reduced, 

notwithstanding that the number of hours worked in such employment n1ay be hereby decreased. No change shall be made in piece- work rates which will reduce the hourly or daily earnings of piece 

workers. The action taken by each member of the industry in acco_rd~nce :Vith this provision ·hall be reported to. the Code Authority 

w1thm tlurty (30) days after the effective elate of this Code and to 

the Administrator on his reque t and shall be subject to the Administrator's review and di. approval. 

73080 °-820---!0-· - 34---2 
8 

AnTI LE -GE ER.AL L ABOR Pnovr IONS 

SECTIO:N 1. Child Labo1· Provision.- o person un 1er . ixtecn (16) 

y ars of ng .:hall b employe 1 in the indu~try. o person under 

eighteen (1 ) cars of age shall be mploy cl at op ration or o upation which ar hnzan1ou in nature or dano·erous to health. Theode uthority hall submit to the dmini -trator within GO clays of 

the effectiv late of thi Code a li t of such operations or o cupa- tion . In an tate an emplo er hall b deem d to have complied 

with thi N provi ion a to age if he hall ha e on file a c rtificate or 

p rmit duly i ued by the authority in uch tate empow red to i ue 

emplo mentor age certifi cates or permits showing that th mployec 

i of the required age. 

SECTION 2. Provisiom from, the Act.-As provided by Section 7 (a) 

of the Act: 

(a) Employees shall have the right to organize and bargain collectively through repre entatives 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 join any company union or to 

r efrain from joining, organizing, or assisting a labor organization 

of his own choosing; and 

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

minin1um r ates of pay, and other conditions of employment, approved 

or prescribed by the President. 

SECTION 3. Standards for Safety and H ealth.-Evcry emplo er 

hall make reasonable provisions for the safety and health of his 

cm ployees at the place and during the hours of their employment. 

Stan lards for afety and health shall be submitted by the Code 

Authority to the Admini trator within three (3) months after the 

effective date of this Code. 

E TION 4. ; 'tate Laws.-N o provi ion in this Code shall supersede 

any tate or Federal law which impo es on emplo ers more stringent 

r quirements a to age of emplo3 ee , wages, hours of work, or as 

to afety health, sanitary or general workino- conditions, or in urance or fire protection than arc imposed by thi Code. 

SECTION 5. Posting.-Each member of the industry hall comply 

with the rule and regulations of the Administrator as to posting this 

Code or portions thereof. 

SECTION 6. Payrnent of W ages.-Every employer shall ao-ree to 

mak payment of all wages due in lawful currency or by ne(J'otiable 

check therefor payable on demand at the end of each we kly pay 

period. The e wages hall be exempt from any paym nt for p n- ·ion , insurance, or si k benefit other than tho~- voluntarily paid by 

employee or r quir d by law. Employ r or their ao-ent ·hall n t 

accept, directly or indirectly rcbat , on , u h waae or criv anything 

of value nor extend any favor to any I r on for th purpose of 

influ n ing rat f wag . or workincr condition of their empl y c . Th provi ·ions of thi section regarding payment of wag at the 

end of each weekly p ... y period hall not apply to per ons mployed 
9 

in a mana.gerial or executive capacity who earn not less than thirtyfive dollars ($35.00) per week, nor to per ons employed in clerical 

or office work. Employers shall agree that the wages for persons 

~mployed in clerical or office work shall be paid at the end of pay 

periods not to exceed semi-monthly periods. 

SECTION 1. Disniissals.-No employee shall be dismissed by reason 

of making a complaint or giving evidence with respect to an alleged 

violation of this Code. 

SECTION 8. Reclassifications of Employees.-N o member of the industry shall reclassify employees or duties of occupations performed 

or engage in any other subterfuge for the purpose of defeating the 

provisions of the Act or of this Code. 

ARTICLE VI- ORGANIZATION, POWERS AND DUTIES OF THE CODE 

AUTHORITY 

SECTION 1. Organization and O onstitution.-To further effectuate 

the policies of the Act, a Code Authority is hereby constituted to 

cooperate with the Administrator in the administration of this Code. 

SECTION 2. The Code Authority shall consist of seven (1) individuals to be selected as hereinafter set forth. The Administrator, in 

his discretion, may appoint not more than three (3) m-e1nbers, without vote to serve for such terms as he may prescribe. 

SECTION 3. These seven individuals constituting industry representatives of the Code Authority shall be elected by a majority 

vote of members of the industry eligible ( as defined by Section 10 

of this Article) to participate and participating in the elections. 

All such members shall be elected from directors, officers, or executives of members of the industry. All seven individuals shall have 

equal voting power. The first Code Authority shall be elected at a 

general meeting of the industry called and conducted by the Trade 

Practice Committee of this industry within fifteen (15) days after 

the effective date of this Code. Members of the Code Authority 

shall be elected to serve for a term of one ( 1) year or until their 

successors are elected at the next annual meeting of the members of 

the industry. In the event of any vacancy in the membership of 

the Code Authority, a special meeting of the members of the industry for an election to fill the incomplete terms of such members 

shall be called within thirty (30) days after such vacancy shall 

have occurred. Notice of the time and place of each election 

shall be sent to all members of the industry who are registered 

with the Committee or after the effective date of this Code with 

the Code Authority, or whose names and addresses can be ascertained through diligent inquiry, and to the Administrator at least 

ten (10) days in advance of such election and voting at such election 

may be by person, by proxy, or by letter ballot. Each member of 

the industry eligible ( as defined by Section 10 of this Article) shall 

have one (1) vote. Not more than one (1) representative of the 

same member of the industry may serve on the Code Authority at 

any time. 

SECTION 4. The representative or repre entatives who may be appointed by the Administrator together with the Administrator shall 

Le given notice of and may sit at all meetings of the Code Authority 

and any agency thereof. 
10 

SECTI :r r,.. Each trade or indu trial a.·so iation dire tly or indiP •tl participating in th . 1 ction or a tivitie of th de Auth ri y ·hall (1) impo no in quitabl re tri tion on memb r hipl 

an<l (2) ,·nbmit to th lmini trator true co1 i of it arti le ot 

· ·ociation by-la.w r <TUlation and any am ndment · when made 

ther eto tog ther with uch oth r inf nna ion a · to m mb r hip, 

org anization and a ·tiviti · s as the Administrator may deem n · sar to effectuate the purpo e of th Act. 

E TI 6. In rd r that the o l uthority . hall at all time · be 

trul , repre · nt ntiY of the indu tr an l in other r .-pec:t · comply 

" ·ith the 1 roYi ion of th A t, the Aclmini trator may pres ribe 

u ·h hearin o·~ a he may de m proper; and ther eaft r if h hall 

find t hat th o l uthority i not truly r epre ·entabv or doe not 

in other r e -pect omply with the provi ions of the A ct , may r equire 

an appropriate change in personnel or modifica tion of the method 

of selection of the Code Authority. 

S ECTION 7. Nothing contained in this Code ·hall con. titute the 

member of the Co le Authority partners for any purpo e. Nor 

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

to anyone f r any act of any other member, officer agent, or employee of the Code Authority. Nor shall any member of the Code 

Authority exerci ing reasonable diligence in the conduct of his 

duties hereunder, be liable to anyone for any action or omi ion to 

act under the Code, except for hi own willful malfea ance or nonf easance. 

SECTION 8. The Code Auth ority shall have the following powers 

and du tie to the extent permitted by the Act; proYicled however, 

that if the Administrator shall at any time determine that any 

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

or unju t or contrary to the public interest, the Administrator may 

r equire that such action be. suspended to afford an opportunity 

for investigation of the merits of such action and further consider ation by the Code Authority or agency pending final action, 

which shall not be eff ective unle s the Administrator ar pr ve or 

nnles he ·hall fail to disapprove after thirty (30) day ' n tice to 

him of intention to proceed with such action in its orio-inal or 

modified form : 

(a) To in ure the xecution of the provisions of thi Corle and 

provide for the compliance of the industry with the provisjon of 

the A ct, subj ect to u h rul es and r eo-ulations a the Aclmini trator 

may pre cribe. 

(b) T o adopt b -law. and rules and r egulation for it procedure 

and fo r a lmini terino- an l f acilitatino- the enforcement of the ode. 

( ·) T o btain from memb r of the indu. try uch inf rmation and 

report · a are r equir l f or the adminj tration of the de ancl to provicle for nbmis. ion by memb rs of uch information and r eport. as 

t h dministrator may deem nece . . ·ary for the pnrpo ·c re ·it l in 

ection 3 (a) of th Act, to sn h F ede ral an 1 t ate agr ncie a.- h e 

may de.·ignnte · pr vi 1 cl that n thing in th i.- o le 8hall relieve any 

m-"rn ber of th indu ·try of any e.·is jng o ligations to fnrni.-h r -

ports to any Gover nmen t ag n ·y. r o inclividu a.l r eports shall be 

di.-clo ·eel to any other mcrnb r of th inclu tr y or any other I ,1rty 

XC:('pt to . ·uch gov rnmeutal a (,rencie: as may be dir ·tecl b the 

Aclmini trator. 
11 

( 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 Administrator for the coordination of the administration of this Cocle with such other codes, if 

any, as may be related to the industry. 

(f) To appoint a trade practice conunittee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to this industry for the purpose of formulating fair 

trade practices to govern the relationships between production and 

distribution employers under this Code and under such others to the 

end that such fair trade practices may be proposed to the Administrator as amendments to this Code and such other codes. 

(g) To coopern.te with the Administrator in regulating the use of 

any N.R.A. insignia solely by those membe.rs of the industry who 

are complying with this Code. 

(h) To recommend to the Administrator further fair trade practice provisions and measures for industrial control, including 

stabilization of employment. 

(i) To establish minimum standards of quality of material, workmanship, operation and installation of the products of the industry, 

provided that nothing herein contained shall be applied to restrict 

development or advancement of the industry or to prevent any mem- · 

her :fron1 manufacturing any industry products, or perfecting clevelopments or making changes or additions. 

SECTION 9. It being found necessary to support the Administration of this Code, in order to effectuate the policy of the Act and 

to maintain the standards of fair 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 hereinafte1· provided. 

(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 all members of the industry entitled to benefits accruing from the maintenance of such 

standards, and the Administration thereof. 

( c) After such Budget and basis of contribution have been apprm ed by the Administrator, to determine and collect equitable 

contributions as above set forth and to that end, if necessary, institute legal proce~dings therefor in its own name. 

SECTION 10. 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 subject 

to rules and regulations pertaining thereto issued by the Administrator. Only members of the industry complying with the Code 
12 

an l contributing to th xpen es of its administration as her inabov provide l unl duly xempt d from making u h contributi n , ;hall b ntitl cl to participate in the lection of m mbers of 

th o le Auth rit r t r eive th ben fi of any of it Y luntary 

activities or to make u e of any problem or in ignia of the ational 

R o r3r Admini tration. 

ECTIO~ 11. The Code Authority .,hall n ither incur nor pay any 

oblirration in xce of the amount th reof a estimated in it approved Budo-et, except upon appr val of the Admini trator; and 

no ·ub equent Buda-et hall contain any defi iency item for expenditure in exce f prior budget tirnate except tho e which the 

Administrator hall ha e o approved. 

ARTI LE VII-PUBI,ICITY OF PRICE ' TERMS, ONDITION s OF SALE AND 

Co TS 

SE TIOK 1. ,, ithin ten (10) days after the election of the Code 

Authority of thi Co le, every member of the industry shall file and 

shall maintain on file with the Code Authority, or with such agency 

as the Code Authority may de ignate, the member's mo t recently 

published catalogue, pecifications, price lists, discounts applicable 

thereto, and terms and conditions of sale for all his standard products. Such lists and/or discounts shall include all term and conditions of sale to each of the member's class of trade provided, however, that no price and/or discount applicable thereto shall provide 

for les than the member's cost pur uant to Sections 6 and 7 of this 

Article. A complete schedule of all such catalogue , pecifications, 

price Ii ts discounts applicable thereto an l term and conditions of 

sale for all hi standard products shaJl be immediately listributed 

by the Code Authority to all members of the industry. Each member of the industry shall also, upon r equest of the Code Authority 

report to the Code Authority prices quoted and pric received and 

all other te-rms and onditions of sale on individual clo eel transaction. in uch detail a the Code Authority may prescrib . These 

report hall be ummarized by the Code Authority and di tribut l 

to tho e member of the industry who manufacture and sell identical 

or imilar pro lucts as defined in Section 2 of Article II. 

ECTION 2. Each member of the in lu try shall have the right, individually, to file new prices, discount , terms, and condition of 

ale, from time to time, as herein provided. In the event of any 

chanae by any member of the industry in any price, li count pecification term or condition of sale he shall file full and complete 

copies of every ·uch chan ·e with th od Authority on th t nth 

(10th) day in adYance of the effective date of any such chancre the 

filing of the e pie to be in uffi ien quantity to permit co1 i with 

noti e of the ff cti e date of such han ·e to be imm diatel di -

tribute l by the o le Authority to the members of th inclu tr who 

may file if th y . o d ·ire, revi ion of their I ri , li onnt p cifications, term r conditions of al which, if filed in not 1 s than 

five (5) clay prior to . u h effective late, shall b effective on the 

same . uch effective clate.1 

1 See paragraph 2 of ord r approving this ode. 
13 

SECTION 3. Such catalogues, specifications, price lists, discounts, 

and terms and conditions of sale together with any changes thereto 

shall be available and open to inspection at all reasonable times by 

any interested party. 

SECTION 4. No member of the industry shall directly or indirectly 

pay a rebate, allow a deduction, sell or off er to sell or otherwise dis- pose of any of the standard products of this industry or furnish 

accessories or parts thereof or any service at any time at more favorable prices, terms and/or conditions of sale than those then in effect 

and filed in the manner described herein. 

SECTION 5. No 1nember of the industry shall render any service 

other than advice and consultation to any purchaser of any product 

of the industry in connection with the sale or insbllation of any 

product unless a schedule of such services shall have been previously 

filed with the Code Authority pursuant to the provisions of this 

Article, and unless fair compensation for such service shall be paid 

by such purchaser. · 

SECTION 6. P ending the adoption and use of an approved cost accounting system or methods, as provided herein, each member of the 

industry shall determjne its individual costs in accordance with such 

cost accounting system or method custon1arily used by such member. 

SECTION 7. The Code Authority shall cause to be formulated an 

accounting system and methods of cost finding and/or estimating 

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

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

members. Thereafter, all members shall determine and/ or estimate 

costs in accordance with the principles of such methods. 

SECTION 8. When the Code Authority determin€S that an emergency exists in this industry and that the cause thereof is destructive 

price-cutting such as to render ine:ff ective or seriously endanger the 

maintenance of the provisions of this Code, the Code Authority may 

cause to be determined the lowest reasonable cost of the product of 

this industry, such determination to be subject to such notice and 

hearing as the Administrator may require. The Administrator may 

approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade practice 

for any member of the industry to sell or off er to sell any products 

of the industry for which the lowest reasonable cost has been rle- termined at such prices or upon such terms or conditions of sale that 

the buyer will pay less therefor than the lowest reasonable cost of 

such products. 

vVhen it appears that conditions ha"Ve changed, the Code Authority, 

upon its own initiative or upon the request of anv interested party, shall cause the determination to be reviewed. " 

ARTICLE VIII-TRADE PnACTICE RuLES 

General Definition.-For all purposes of the Code the act· described in this Article shall constitute unfair practices. Any member 

of the industry who shall directly, or indirectly through any officer 

employee, agent, or repre~entative, knowingly use, employ, or permit 

to be employed, any of such unfair practices hall be guilty of a 

violation of the Code. 
14 

R LE ~- o m mb r f he indu try hall maliciou ly induce or 

att mpt to in ln e the brea h of an xi ting oral or written contra t 

between a om1 etitor an l hi cu t m r or ourc of upply, or interf r . with or ob tru t th p rformance of any contra tual duties or ... r'\'lC . 

R E 2. member f the indu try hall d fame omp titor by 

fal ly imputinv to them di honorabl conduct inability to p rform 

c ntract que bonable credit stan lino- or by other fal ·e repre entation or b th fal e di parao- ment of the o-rade or quality of their 

good. 

RULE 3. o member of the indu try shall make or cau e or knowingl permit to be made or publi hed any false materially inaccurate 

or deceptive tatement by way of advertisement or othenvi e, whether 

cone rning the grade, quality, quantity, sub tance, character, nature, 

origin, -ize, finish or preparation of any product of the industry, or 

the credit terms values, policies or S€rvices of any member of the 

indu try or otherwise having the tendency or capacity to mislead 

or deceive customers or prospective customers. 

RULE 4. No member of the industry shall secretly pay or allow 

r ebates, refunds, c01ru11i sions, credits, or unearned discounts, whether 

in the form of money 01· otherwise, or extend to certain purchasers 

$pecial services or privileges not extended to all purchasers on like 

terms and conditions. 

RULE 5. No member of the industry shall give, permit to be given, 

or offer to give anything of value for the purpo e of influencing or 

rewarding the action of any en1ployee agent or representative of 

another in relation to the business of the employer of such employee, 

the p1~incipal of such agent or the represented party, without the 

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

hall not be con trued to prohibit free and general di tribution of 

article commonly used for advertising except so far as such articles 

are actually used for commercial bribery as herein.above defined. 

RULE 6 .. No member of the industry shall make deceptive or misleading bids to ecure an award as low bidder and sub equently make 

changes in quality, quantity, terms and conditions of sale for the 

purpo e or with the effect of misle.ading the bu er. 

R LE 7. o member of the industry shall recall or revi e or offer 

to recall or revise any quotation, proposal or bid, whether oral or 

written ( ubmitted in competition to a pro pective pur ha er) for 

th purpo e or with the intent of submitting a more :favorable price 

d1 count term or conditi n of sale unle and until there ha been 

a bona fide revi ·ion in the plan , specifications or oth r tim.ating 

or I urchasino- data forming the ba is f the prior quotation I ropo al 

or bid or unle · and until the pro p ctive pur ha er ha reque t 1 

revised bids for the materials labor or servi e involved. RULE 8. Jo member of the industry shall combine quotation or 

contra t for .any I roduct f thi. in lu try wi h any quotation or 

contract for any other material labor or service for the purpo e 

an 1 with th int nt or efl' ct of oncealino- the true s !lino- pric of 

·he product of his indu try. 

R LE 9. o nwmb r f the in lustry hall mit from it quota ti n, 

pr po. al or bi 1, any mat rial labor or , ervi e requir cl an<l/or 

·alle l for by the plan sp cificati n , or oth r c tim.ating or pur has-
15 

ing data in order to avoid full responsibility for the complete oompliance with all provisions of such plans, specifications, or other 

estimating or other purchasing data or for the purpose and with 

the intent of subsequently informing the purchaser that such omitted 

material, labor, or service was included, in order to underbid a 

competitor. 

RULE 10. No member of the industry shall post-date or pre-date 

any contract, invoice, quotation, or receipt, withhold from or insert 

in · any contract, invoice, quotation, or receipt any statement which 

makes such contracth invoice, quotation, or receipt an inaccurate 

statement either in w ole or in part or accept or offer to accept any 

such contract with the effect of injuring the business of a competitor 

or violating the provisions of this Code. 

RuLE 11. No member shall publish or circulate threats or suits for 

infringement of patents or trade-marks or of any o-ther legal proceedings not in good faith, with the tendency or effect of harassing 

competitors or intimidating their customers. 

RULE 12. No member of the industry shall dispose of dropped lines, 

seconds, distressed merchandise, obsolete items or inventories, at 

less than cost, unless and until a staten1ent in writing is filed with 

the .Code Authority not less than fourteen (14) clays in advance of 

such disposal setting forth details of and the necessity for each such . 

transaction. 

RULE 13. No member of the industry shall directly or indirectly 

sell or offer to sell or otherwise dispose of any of the products of this 

industry or furnish accessories or parts thereof or perform any 

service below its cost ascertained pursuant to Sections 6 and 7 of 

Article VII, except to meet quoted corn.petition of a men1ber of the 

industry whose costs are lower, and which quoted competition is not 

in violation 0£ the Code. 

ARTICLE IX-MODIFICATION 

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 sub-section (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, licen ·e, rule or regulation issued under Title I of said Act and specifically, but without 

limitation, to the right of the President to cancel or modify his 

approval of this Code or any conditions imposed by him upon his 

approval thereof. 

SECTION 2. This Code, except as to provisions required by the Act, 

may be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Ad111inistrator and such notice and hearing as he shall specify, and to 

become effective on approval of the Administrator. Any such application may be made by the Code Authority. 

ARTICLE X-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. 
16 

AnTI LE XI-Pm E I REASES 

ARTI LE XII- UBTERF GE 

m mber of the indu try hall ngag in any ·ubterfuo-e for the . e or with the intent or with the effect of defeating the proviof the ct or of this Code. 

ARTICLE XIII-REGISTRATION OJl MEMBERS OF THE INDUSTRY 

Every per~on ubje.ct to thi Code of Fair Competition shall comply with the rules and regula.tions of the Administrator as to the 

regi tration with the Code Authority, or such other agency as the 

Administrator may direct and including, but without limitation the 

number of shop , establishments or separate units thereof and their 

location, a well as each additional shop, establishment or separate 

unit opened after registration. 

ARTICLE XIV-INSTALLATION (FIELD ERECTION) 

The maximum hours, the minimum wages and conditions of em- ployment of all persons engaged in the installation of public seating 

shall conform to the maxi1num hours, the minim.um wages, and con- ditions of employment provided in the appropriate code or codes in 

the construction industry as approved b-y the President. 

ARTICLE XV-EFFECTIVE DATE 

This Code shall be effective on the second Monday after approval 

by the Pre ident of the United States. 

Approvecl Code No. 477. 

Registry No. 312-21. 
APPENDIX A 

CHURCH FURNITURE AND ACCESSORIES 

CHUROH FURNITURE 

Ambulatory Screens 

Acolyte Seats 

Alms Boxes 

Altars 

Rails 

Re-Table 

Tabernacle 

Tabernacle Safe 

Ambrys 

Arks 

Balcony Fronts 

Baldachinos 

Baptismal Font 

Baptistry Screens 

Berna 

Bishop's Chair 

Book Cases 

Bulletin Boards 

Candle Sticks 

Cathedral Chairs 

Ceilings 

Celebrants' Benches 

Chancel Front 

Choir Fronts 

Choir Stalls 

Clergy Chairs 

Communion Rails 

Confessionals 

Console 

Contribution Plates 

Credence Shelf 

Credence Table 

Crosses 

Dossals 

Figures (Carved) 

Flag Holders 

Holy Water Fonts 

Hymn Boards 

Icono. tasis 

Lecterns 

Litany Desks 

l\Iemorial Boards 

Music Racks 

Name Plates 

N arthex B e n c h e s and 

Desks 

Narthex Screen 

Organ Console Cases 

Organ Console Screens 

Organ Screens 

P aneis (Caned) 

Parapets 

Parclose Screens 

Pedestals 

Piscina 

Prayer Desks 

Predellas 

Prie Dieux 

Pulpit (High) 

Balustrade 

Canopies 

Newel Posts 

Stairs 

Pulpit Set 

Bible Stand 

Center Chair 

Communion Tables 

Flower Stands 

Pulpit 

Side Chairs 

Readers' Desk 

Reliquaries 

Reredos 

Riddle Posts 

Rood Beam 

Rood Screen 

Sedilia 

Shrines 

Tables 

Tri-Seats 

Trophy Cases 

Tryptich 

Vestment Cases 

,vainscot 

Wardrobe Cases 

CHURCH P EWS AND ACCESSORIES 

Back and Seat Supports 

Body 

{

Upholstered 

Backs or 

Seats U n u p h o 1 -

stered 

Book Racks 

Card Holders 

Communion Glass Holders 

Communion Glass Silencers 

Convent Stalls 

Divisions 

Ends (Pew and Wall) 

Envelope Holders 

APPENDIX B 

Front Screens 

Guards 

Kneelers 

Rear Aprons 

Rear Screens 

Seat Supports 

Talis Boxes 

Wall Boards 

LODGID OR FRATERNAL BUILDING FURNITURE 

l\Iembers Seating 

Station Chairs 

Altar 

Station Pedestals 

Lesser Light Pedestals 

Class Room Benches and 

Chairs 

Supply Cabinets 

Secretary Desks 

Chairs 

Middle Chamber 

urns 

Foyer Settees 

and Register Desks 

Apron Cabinets 

Col- Tilers' Tables 

Petition Blank Cabinets 

SUNDAY SCHOOL FURNITURE 

Sand Tables 

Teachers' Lecterns 

Register Boards 

0 

(17) 

Class Tables 
UNIVERSITY OF FLORIDA 

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