Approved Code No. 68-Reprint Registry No. 1329-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ROAD MACHINERY 

MANUFACTURING INDUSTRY 

AS APPROVED ON OCTOBER 31, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

INCLUDES AMENDMENT NO. 1 

UNIV. OP' fl LIA. 

I • 

A I C ---"' 

L.----------n'ffi'f1ED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documen ts. 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 Commerce Building. 

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building: 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacks nville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broad,vay. 

Louisville, Ky. : 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va. : 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Offire Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse . .Seattle, Wa sh. : 809 Federal Office Building. 
Approved Code No. 68 

CODE OF FAIR COMPETITION 

FOR THE 

ROAD MACHINERY MANUFACTURING INDUSTRY 

As Approved on October 31, 1933 

BY 

PRESIDENT ROOSEVELT 

Ex e cutiv e O r de r 

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 my approval of a Code 

of Fair Competition for the Road :Machinery Manufacturing Industry, and hearings having been held thereon and the Administrator 

having rendered his r eport containing an analysis of the said codf( 

thereto, and the Administrator having :found that the said code of 

fair competition complies in all r espects with the pertinent provisions 

of title I of said act and that the r equirements of clauses (1) and (2) 

of subsection (a) of section 3 of the said act have been met: 

NO-VV, TH EREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, r ecommendatious, and 

findings of the Administr ator and do order that the said code of 

f air competition be, and is hereby approved. 

FRANKLIN D. ROOSEVELT. 

Approval r ecommended : 

H U GH s. J OI-IN ON, 

Ad1ninistrator. 

THE WHITE H ousE, 

October· 31, 1933. 

62~3!5·-544-131-34 (137) 
OCTOBER 23, 1933. 

The PRESIDENT, 

The White Ho'U)Se. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Road ~Iachinery Manufacturing Industry in the United 

States, conducted in vV ashington on September 12, 1933, in accordance 

with the provisions of the National Industrial Recovery Act. 

PROVISIONS ON HOURS AND WAGES 

The maximum hours provided by the Code for factory employees 

will be 40 per week and 8 per day. When production demands it, 

this working time may be increased to 44 hours per week in not more 

than 8 weeks in any 6-months' period, the average hours to be not 

more than 40 per week. Time and one half will be paid to employees 

working in excess of 8 hours per day or 40 hours per week. 

Those employed as preparation, care, and maintenance workers or 

as stock or shipping clerks will be given a tolerance of 10 percent 

over the maximum hours prescribed, the average to be not more than 

40 hours per week in any 6-months' period. The above limitations 

in hours do not apply to supervisory employees receiving more than 

$35.00 per week, service-parts foremen, field service men, nor to 

emergency maintenance or repair workers, the last class being paid 

time and one half for all hours worked in excess of 8 per day or 40 

per week. 

The minimum wage for factory workers will be 40 cents per hour. 

No distinction in wage rates will be made between male and female 

employees. Adjustments of wage rates above the minimum provided 

will be made and will be reported to the Administrator. 

A maximum of 40 hours per week is provided for employees engaged in accounting, clerical, service, sales, and delivery work. Their 

minimum wage will be in accordance with the President's Reemployment Agreement. Salaries now higher than the above minimums 

will not be reduced because of change in hours provided in the Code. 

Office boys and messengers will receive not less than 80% of the 

minimum wage and the number of office boys, messengers, and apprentices will be not more than 5 percent of the total number of 

employees of any employer. 

CHILD LABOR 

The minimum age provided is 16 years, but in hazardous occupations this age limit is raised to 18 years. 

(138) 
139 

EcoNo rrc EFFE T OF THE ConE 

This important Indu try manufactures graders, road rollers, and 

other machines for con tructing or maintaining roads and highways. 

Its principal customers are the Government of the United States, 

the individual States and their political subdivi ions, and the contractors who construct and maintain roads and highways. 

There are twenty-one companies in the Industry and approxi1nately 3 000 employees who are engaged in manufacturing work. 

,'\7bile sales in 1932 ($7 00 000) were only 35 percent of those in 

19...,9, employees in 1932 numbered approximately 2,400, or about 

65 percent of the number in 1929. Only by increased business, which 

will depend largely upon highway construction activities, can this 

Indu try :put a large number of employees back to work. 

It is estimated by the Industry that the hours and wages provided 

in the Code will increase employment approximately 20 percent, and 

that the average income per employee will be increased approximately 

20 percent over that in effect before the President's Reemployment 

Agreement. 

In arriving at the terms expressed in the Code, it has shown its 

cooperation in complying with the spirit of the Act. 

FINDINGS 

The Administrator finds that : 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof, and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Road Machinery Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not 

operate to discriminate against them, and will tend to effectuate the 

policy of Title I of the ational Industrial Recovery Act. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully, 

HUGH s. JOHNSON' 

Administrator. 
CODE OF F AH? COMPETITION 

FOR THE 

ROAD MACHINERY MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

The purpose of this Code is to reduce and relieve unemployment 

and to prevent unfair practices and competition destructive of the 

interests of the public, employees, and employers, and to effectuate 

the other purposes of the National Industrial Recovery Act. · 

ARTICLE II-DEFINITIONS 

"SECTION 1. The terni 'Road Machinery Manufacturing Indus- try' (or ' Industry'), as i1,3ed he1·ein, shalt mean the manufacture 

and/or sale of blade graders; motor g1·ade1·s, g'i'ader blades ( cutti:ng 

edges); elevating graders; road roller · bituminoits distributors; 

t1·actor drawn dump wagons; track type tractor equip1

1nent, excluding agricultural equipnient, but includi1 g bulldozers, trail-builders 

and scrapers; hor-se drawn wheeled scrapers, d1·ag scrapers and f res no 

scrapers; truck scrapers; scarifiers; roote1·s; snowplows; and/ or pa1·ts 

or attachnients for any of the p1·oducts nanied herein; cund such 

other machines, and pa1·ts or attachments .the1·efor, as the Ad1ninistrator shall froni tinie to time determine a1·e included within the 

scope of this Code. Track type tractors sold fo1· all pu1·poses other 

than agricultural are included within and subject to the fair trade 

practice provisions of this Code nw,de applicable the1·eto." 

SEc. 2. The term " person " as used herein includes, but is not 

limited to, any individual, partnership, association, or corporation in 

the Industry. 

SEC. 3. The word "Association" as used herein refers to the Road 

Machinery :Manufacturers' Association. 

SEo. 4. The term "employee" as used herein includes any person 

engaged in any phase of the Industry irrespective of the method of 

payment of his compensation. SEc. 5. The term "employer" as used herein includes anyone 

for whose benefit such employee is so engaged. 

SEc. 6. The term " member of the Industry " as used herein shall 

mean any person engaged in the Road ::Machinery l\tlanufacturing 

Industry. 

SEc. 7. The term "apprentice" a u~ecl herein shall mean a 

person, usually a minor, indentured to serve an employer for a 

~pecified term of years in order to learn a trade, art, or profession. 

SEc. 8. The term "member of the Code as used herein includes 

any member of the Industry who shall expre sl signify assent to 

this Code. 

(140) 
141 

E . 9. The term "Aclmini trator" a u ed h rein m an the Admini trator of the National Indu trial R co ry Act. 

E . 10. Th t rm ~, Pre id nt" a u d her in mean h Pre icl nt of th nit d tat . 

'E ' . 11. Th t rm ' eff tive elate" a' u d herein hall m an the 

thi ·cl 1 n la aft r thi o l ha be n approv 1 by the Pre id nt. 

ARTI LE III-PARTI IPATIO 

~ECTI N 1. Iemb r hip in the ciation hall be 01 en to all 

m m r of the In lu tr and n inequitaule re triction hall be impo ... l on a lmi ion to membership. 

'E . 2. l\Iember of the Indu tr. hall be entitled to participate in 

and hare the benefit of the activitie of the oordinatin; o-ency 

hereinafter de cribed and to participat in the lection of the m mber th reof b a nting to an l complying with the r equirem nt 

f thi · ode an l u tainina th ir rea onable share of the expen es 

f it admini tration. The rea onable share of the expen es of admini -tration shall be det rmined by the Coordinating Ao-ency ubj ct to r vi w by the Admini trat r, on the ba i · of olurne of bu i1 e ancl/or uch other factor a may be deemed equitable to be taken 

into n icleration. 

' ECTIO 3. M 1nbers of the l ndrustry shall with the app1·oval 

and und l' the dfr ction of the Coordinating Ayen ·y, hav th privi7 g of f orniing sub-di vi ion consisting of m mber · of the l ndu ·try 

u ,110 nianufa.cture an.cl s ll closely related product ar cl such s'llbd h.Ji"' ions may adopt additional or alternative t1·ade practi · s, subj ct 

to the revi w a1 d approval of the Aclrninistrator only, to apply to 

uch sub-divi.sion 1nembers only, i.n the 1·egula1' 11wnner p1·escribecl 

for a11iencl11i nts in A1·ticle IV, Section 2, he1·eof." 

ARTICLE IV-ADMI.r I TRATION 

SECTION 1. (a) The members of the Executive ornmittee of the 

Association together with one member•of the Indu try who i not a 

member of the A sociation, if the non-member so de ire, and one 

or more repre entatives who may be appointed by the Pre ident 

(who shall have no vote), are constituted a Coordinating Ao-ency 

for the Indu try, which Coordinating Agency hall cooperate with 

the Admini trator in the a lmini tration of thi Code, with the 

following powers: 

(b) To collect from members of the Indu try all data and tatistic required by the Pre ident or the Admini trator or hi. or their 

ab nt or agent under the provi ions of the National Indu trial 

Recoyery Act· al o uch data and stati tic a ma, b deemed neces- ·ary by· the Coor linatino- Agency, ubje t to tlie approYal of the 

Admini trator; provi led however, that uch information hall be 

confi lential except in ofar a di clo ure may be nece ar for the 

ffecti,·e admini tration of thi Co le. 

( c) In ad lition to information required to be "nbmitt cl to the 

Coordinating Agency, ther hall be furni heel o GoYernment 

Age11cie nch tati ti cal information a. the Aclmi i trator ma~· leem 

n e ... ary for the purpo e recited in ection 3 (a) o:£ the T ational 

Inclu trial Recover Act. 

( cl) To repre ent th In ln, try in conferring with the Pre iclent or 

hi. agent with re pe t to the Adrnini tration of thi ode and in 
142 

~e pect 0£ the National Lndustrial Recovery Act and any regulation 

issued thereunder. 

(e) To hear and investigate complaints and attempts to adjust 

the sa·me in accordance with law. 

( f) To coordinate the administration of this Code with such 

Codes, if any, as may be adopted by any subdivision of this Industry 

or any related Industry, with a view to providing joint and harmonious action on all matters of common interest; all with the approval of the Administrator. 

"(g) The O oordinating Agency may f1·om tinie to tim,e submit to 

the Administrator for approval interpretations of the provisions of 

this Code." 

SEc. 2. Any proposals for amendments to this Code or supplemental agreements with respect to wages, hours, or trade practices, 

or any other matters shall be fir t ubmitted to the Coordinating 

Agency which shall consider the ame and confer with members 

of the Industry affected thereby to the extent the Coordinating 

Agency deems advisable. The Coordinating Agency, as representing the entire Industry, shall have no power to approve or recommend any amendments or supplemental agreements, but may arrange 

for a hearing before the President or his agents on any propo al 

which a substantial proportion of the Industry, or the division 

thereof affected by the proposal, desires to present, and shall notify 

all members 0£ the Industry of the time and place of the hearing. 

ARTICLE V-HOURS OF LABOR A -D RATES OF p A y 

SECTION 1. No member of the Industry shall employ in the Industry any person under the age of 16 years; provided, however, 

that where a State law provides a higher minimum age no per ·on 

below the age specified by such State law shall be employed within 

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

any hazardous occupation. 

SEc. 2. (a) On and after the effective date of this Code no em.;-_ 

ployer shall work any accounting, clerical, service, sales, expre s, 

or delivery employees in the Industry more than 40 hours a week 

on a semi-yearly average or more than 44 hour in any one week. 

(b) On and after the effective date of this Code all emplo ree. 

mentioned in Paragraph (a) of this Section shall be paid at a rate 

of not less than $15.00 per week in any city of over 500,000 pop ulation; and at a rate of not less than $14.50 per week in riny city 

of between 250,000 and 500,000 population; and at a rate of not le 

than $14.00 per week in any city of between 2,500 and 250,000 

population; and in towns of less than 2,500 population all wages 

of such employees shall be increased by not less than 20 percent 

provided that this shall not require wages in exce s of $12.00 per 

week. ,vhere a State law provides a higher m1n1mum wage no 

person employed within the State shall be paid a wage below that 

required by such State law. The salaries of all employees receiving more than the minimum herein provided shall be equitably 

adjusted, if this has not already been done. 

'( c) No employee of the classes mentioned in Paragraph (a) of 

this Section, now receiving compensation at rate in excess 0£ the 

minimum provided in Paragraph (b) of this ection, shall have their 

compen; ation reduced on account of any reduction in the weekly 
143 

hours of mployment made to conform with the requirements of 

Para()'raph (a) of this e tion. 

( d) The provisions of Paragraph (a) of this " ection do not apply 

to persons in a managerial, executive, or sup~rvisory capacity receivin()' more than $35.00 per week nor to ou 1de alesmen collector , 

field- er vice men, and repair foremen. 

~Ee. 3. (a) On and after the effective date of this Code, no employee in the Indu try, except a hereinabove or hereinafter provided, 

hall be em ployed in excess of forty ( 40) hours in any one week nor 

in excess of eight (8) hours in any one day; provided, however, that 

during any period in which a concentrated demand upon any division o.f the Industry shall place an unu ual and temporary burden 

for production upon its facilities, an employee of uch division may 

be permitted to work not more than forty-four (44) hours per week 

in not more than eight (8) weeks of any six (6) months' period, 

provided, however, that the average hall not be more than (40) 

hours per week over a six ( 6) months' period. 

Where in any case an employee is worked in excess o:f eight (8) 

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

and one half shall be paid for the excess hours so worked. 

As to employees engaged in the preparation, care, and maintenance of plant, machinery, and production facilities, and stock and 

shipping clerks there shall be a tolerance of 10%, provided that such 

tolerance shall not result in such employee working in excess of an 

aYerage of forty (40) hours per week in any six (6) months' period. 

The limitations as to hours of labor shall not apply to persons in a 

-supervisory capacity, receiving more than $35.00 per week service 

parts foremen field service men, nor to employees engaged in 

emergency maintenance or repair work, provided that employees 

engaged in emergency maintenance or repair work shall be. paid 

time and one half for all hours worked in excess of eight (8) hours 

in any one day or forty ( 40) hours in any one week; nor to watchmen, provided, however, that watchmen shall not be permitted to 

"ork more than six (6) days in any seven (7) day period. 

(b) On and after the effective date of this Code the minimum 

wage that shall be paid by employers to any of their employees 

other than tho e covered by Section 2 of Article V and Section 3 ( d) 

and ( e) of Article V, shall be 40 cents per hour. This paragraph 

e tabli hes a guaranteed minimum rate of pay regardless of whether 

the employee is compensated on the basis of a time rate or a piecework performance, or otherwise, provided however, that where a 

State law provides a higher minimum wage, no person employed 

within the State shall be paid a wage below that required by such 

State law. The salaries of all employees receiving more than the 

minimum herein provided shall be equitably adjusted. 

( c) The wage differentials for all operations shall be equitably 

adjusted (unless such readjustment has been made since July 1, 1933) 

and in no case shall they be decreased. Every member of the Industry shall report on such readjustments to the Administrator upon 

hi request. 

( d) The foregoing provisions relating to rates of wages shall not 

apply to apprentice office boys, or me sengers not exceeding 5% 

in number of employees of any ~mployer or to persons in a super-
144 

visory capacity, or to those receiving more than $35.00 per week; 

provided~ that all existing and future apprentice contracts shall be 

submitted to the Coordinating Agency and shall be subject to the 

approval of the Administrator. 

( e) Office boys and messenger. specified in Paragraph ( d) above 

shall be paid not less than 80% of the minimum wage specified in 

Section 2 (b) of this Article V. 

(f) No distinction in rates shall be made between male and female 

employees where the same class of work is performed, regardless 

of w~ether compei:isation is calculated on an hourly, weekly, monthly, 

or piece-work basis. 

SEc. 4. The maximum hours for employees hereinbefore prescribed 

shall mark the total number of hours which may be worked by each 

such employee whether he be employed by one or more employers. 

SEc. 5. No employee shall be classified in any one of the foregoing 

exempted classes unle s he performs functions identical with those 

performed by employees thus classified on June 16, 1933. 

SEc. 6. Population shall be governed by the United States Census 

of 1930. 

ARTICLE VI-STATISTICS 

Not later than the 25th day of each month each member of the 

Industry shall report to the Coordinating Agency the classified unit 

sales and the dollar volume sales, at list price, of the preceding 

month, of prime products of the Industry ( exclusive of parts sales 

therefor). A composite report of such statistical information shall 

be available to all members of the Industry, but the individual reports 

of the members reporting shall not be divulged except insofar as 

such disclosure may be necessary for the effective administration of 

this Code. 

ARTICLE VII-TRADE PRACTICES l 

SECTION 1. (a) It shall be an unfair method o:f competition for 

any member of the Industry to give any concessiqns directly or 

indirectly, by any means, from its list of prices, delivery points, 

terms and discounts, so long as the same remain in force, and no 

change shall become effective in advance of filing the same with the 

Coordinating Agency which shall make such information available 

to the members of the Industry making similar products. NVithin 

ten days after the effective date of this Code, each member of the 

Industry shall file with the Coordinating Agency a complete list 

of its then existing delivered prices, delivery points, terms and trade 

discounts, and shall also file all changes therein as and when made. 

Such changes in delivered prices, delivery points, terms and discounts shall be filed at least ten days before becoming effective. The 

operation of the foregoing shall be at all times subject to the 

approval of the Administrator. 

(b) The longest period for full payment ( except by the United 

States Government, or by any State, or subdivision thereof) shall 

not exceed two (2) years from date of delivery, with a minimum 

of 6% interest. No under tanding for rene~al or extension of any 

payment shall be made prior to the sale of the merchandi e to the 

purchaser. 

1 Do not apply to ale ,of trark-typ tractor , see Administrative Order 'o. 68-5, 

npp roved Apr. 26, 1934. 
145 

EC. 2. (a) It shall be an unfair method of competition to ell below 

co t.. Co t hall inclu le labor, material , all reasonable overh ads 

and rea onable selling, collection, distribution, and delivery expen es. 

Until January 1935, or until changed by the oor linating Agen y, 

subject to _th approv_al of the ~ l~ini _trator, in determining overhead . _ llm · coll ct10n, and ch tnbut10n expen e , th percentage 

applicable to the year 1926 may be use l if lower than current 

fi ·ure . (b) ny member of the Industry who wi hes to sell a product 

at 1 tl an cost ( either o·enerally or in certain territory), (a) to 

introduce a product new to its line, or (b) so that it line hall be 

nffi i ntly varied to adequately compete with other m mbers of the 

Indu tr ' or ( c) so that the line of its dealers shall be ufficiently 

complete to adequately compete with other dealers, may do so provided (1) that it may not sell any product for a le!::s price or on 

more liberal terms than the price and terms, in the same territory 

of its competitor who sells for the lowest price which is not less 

than cost· (2) that such member of the Industry first notifies the 

Coordinating Agency of the product and territory involved. 

( c) Discontinued or noncurrent lines may be sold at such prices as 

are necessary to move this stock into buyers' hands. A list showing 

the quantity of all such stock and the prices at which it will be 

offered shall be presented to the Coordinating Agency at least ten 

days before it i offered to the public. Non-current lines shall be so 

designated when offered for sale. 

SEc. 3. The preceding provisions of this Article do not apply to 

second-hand merchandi e except that full payment shall be required 

within two years from date of delivery to consumer. 

SEO. 4. There shall be no rental of ·current new equipment except 

on a lease contract, which, within two years, returns the regular 

retail price plus a minimum of six (6) percent interest. The operation of this Section 4 shall at all times be subject to the approval of 

the Administrator. 

SEc. 5. No second-hand or old equipment shall be taken in trade 

as part payment for new equipment at an allowance in excess of its 

then resale value. and the Coordinating Agency subject to the 

approval of the Administrator, shall establi h from time to time,, 

rules a.nd regulations defining such resale values. 

SEO. 6. o member of the Industry shall participate in a competitive demonstration in connection with a call for bids by private 

inclu try or by the United States Government or by any State, or subdivi ion thereof, nor, incidental to such call, demonstrate a machine 

of the type required within the boundaries of such ubdivi ion calling 

for bid . Thi shall not preclude demonstrating the product in conHection with uch sales after taking a bona fide order that fully states 

purchase price and terms but is qualified by being subject to performance atisfactory to purchaser, before acceptance. 

SEc. 7. Yery ubstantial portion of sale to ultimate con umers 

are made directly by n1embers of the Indu try and the balances are 

made through dealers. In con equence re triction of members of 

the Indu tr) to fair trade practice to be effective must be upplemented by prohibiting indirect eva ions of such re trictions on the 

part of members of the Indu try by opera tion through dealer . Ac-
146 

cordingly, it is hereby provided that no member of the Industry shall 

sell any product of the Industry through any dealer until such dealer 

agrees to comply with the fair trade practices set forth in this Article 

VII, except for Section 2 of said Article, in the resale of such 

product. 

SEc. 8. Nothing in this Article VII shall apply to products exported from the United States. 

SEc. 9. Prior to December 31, 1933, no member of the Industry 

shall increasr~ the sale price of his product in the Industry sold after 

the effective date hereof over the price on July 1, 1933, by more than 

is made necessary by actual increases in manufacturing, distribution, 

and material costs, or by taxes or other costs resulting from action 

taken pursuant to the Agricultural Adjustment Act and/or this 

Code since July 1, 1933, and in setting such price increases full 

weight shall be given to probable increases in sales volume. In case 

a member of the Industry on July 1, 1933, was selling his product 

at less than actual cost, he may take his cost price of that date as 

the base for such increase in selling price as is permitted by this 

section. 

"SECTION 10. No member of the Industry shall induce, or attempt 

to induce, the breach of an emsting contract between a competitor .and his C'IJ)Stomer; nor shall any such member inter/ ere with or 

obstruct the performance of s'uch contractual duties." 

"SECTION 11. Prime produots of the lndwstry shall be invoiced at 

unit prices for each prirne product, extended for totals where 

necessary." 

"SECTION 12. Written price quotations, in re8ponse to public invi- tations for bids, shall be limited to purchases rnade within sixty (60) 

days from date of qiwtations, and contracts covering such purchases 

shall definitely specify a1~ticles, sizes, quantities, and delivery dates. The -provision of this Section shall not apply to contracts in force 

on or before the effective date." 

ARTICLE VIII 

As required by Section 7 (a) of the National Industrial Recovery 

Act, it is herepy provided: 

(1) That 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. 

(2) That no employee and no one eeking 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 

(3) That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment 

approved or prescribed by the President. 

ARTICLE IX 

This Code and all the provisions thereof are expressly made subje_ct to the right of the President, in accordance with the provisions 
147 

of ubsection (b) of ection 10 of the ational Indu trial Recovery 

Act, from time to time_ to ~ancel or modify any orde~, approval, 

licen e, rule, or regulation is ued 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. 

ARTICLE X 

Where the costs of executing contracts entered into in the Industry 

prior to the date of approval of this Code are ihcreased as a result of 

the provisions of this Code or any other Code duly approved under 

the National Indu trial Recovery Act, or where any contract entered 

into by any member of the Industry prior to the date of approval of 

this Code is inconsistent with the provi ions of this Code, it is 

equitable and promotive of the purposes of the National Industrial 

Recovery Act that appropriate adju tments of such contract be 

arrived at by arbitral proceedings or otherwise, and the Coordinating 

Agency is hereby constituted an agency with the consent of the 

buyer, to assist in effecting such voluntary adjustments. Where the 

performance of orders accepted prior to the effective date of this Code 

is delayed as a result of the operation of provisions of this Code, it is 

equitable that appropriate additional time should be allowed for the 

completion of such orders. 

ARTICLE XI 

No provision in this Code shall be interpreted or applied in such a 

manner as to-

( 1) Promote monopolies or monopolistic practices, 

(2) Permit or encourage unfair competition, 

(3) Eliminate or oppress small enterprises, or 

( 4) Discriminate against small enterprises. 

ARTICLE XII 

Provisions of this Code other than those required to be included 

by the National Industrial Recovery Act, with the approval of the 

President, may be modified or eliminated if it appears that the public needs are not being served thereby, and as changes in circumstances or experience may indicate. It is contemplated that from 

time t-0 time supplementary provisions to this Code or additional 

odes will be submitted for the approval of the President, further to 

effectuate the purposes and policies of Title I of the National Industrial Recovery Act. 

ARTICLE XIII 

This Code shall take effect upon the third Monday after its approval by the President, and shall be binding upon all members of 

the Industry. 

Approved Code No. 68. 

Registry No. 1329/ 01. 

0 


UNIVER SITY OF FLORIDA 

II I II llllll lll lll lllll lllll ll llll llllll llll llll llll ll llll lllll I I 

3 1262 08850 4583