Ap proved Code No. 410 Registry No. 807-18 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL RUBBER TIRE 

AND BATTERY TRADE 

I L, 

AS APPROVED ON MAY 1, 1934 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

-- - ..... 

I ' ""---

US. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washing ton, D.C. - - - - - - - - Price 5 cenw 

V 
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, :Mas . : 1 01 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: Cbumber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Micb.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianupolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broudway. 

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 Tru~t Building. 

Pittsbu:r;gh, Pa. : Chamber of Commerce Building, 

Portlund, Oreg.: 2'15 New P st Office Building. 

St. Louis, Mo. l 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 F'ederal Office Building. 
Approved Code No. 410 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL RUBBER TIRE AND BATTERY TRADE 

As Approved on May 1, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE RETAIL RUBBER TIRE AND BATTERY 

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 my approval of a Code 

of Fair Competition for the Retail Rubber Tire and Battery Trade, 

and hearings having been held thereon and the Administrator ha ving rendered his report containing an analysis of the said Code of 

Fair Competition together with his recommendations and findings 

with respect thereto, and the Administrator having found that the 

said Code of Fair Competition complies in all respects with the 

pertinent provisions of Title I of said Act and that the requirements 

of clauses (1) and (2) of sub-section (a) of Section 3 of the said Act 

have been met : 

NOW, THEREFORE, 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, recommendations, and 

findings of the Administrator and do order that effective May 14, 

1934, unless just cause to the contrary should theretofore be shown, 

the said Code of Fair Competition be and it is hereby approved; 

provided, that if prior to said effective date the Administrator on 

his own initiative determines that an emergency due to destructive 

price-cutting, as stated in Article VI, Section 4 of said Code, exists 

in the trade, the Administrator may thereupon cause to be determined the lowest reasonable cost as set forth in said Section 4 of 

Article VI and such determination may thereupon be announced 

to the members of the trade in such manner as the Administrator 

shall direct but shall not become binding upon such members until 

the effective date of the Code; and provided further, that in connec- tion with the existence of an emergency due to destructive pricecutting and the determination of lowest reasonable cost thereunder 

55984°-.-544-2-34 (507) 
508 

as stated in Article VI Section 4 of the Code, in order to eliminate 

unfair competition the dministrator may establish for the period 

of such emergency a uniform guarantee and warranty applicable 

to the sale or offering for sale of any/roducts of the trade; and provided further that the pro, i ions o Article I Section 2 insofar 

as they prescribe a waiting J?eriod between the filing with the Code 

Authority or its luly constituted agency and the effective date of 

r vised price-Ii ts, be and they are hereby stayed pending my furth r 

order or the order of the Administrator; and provid d further, 

that within ninety (90) day of the approval of the Code the ode 

Authority shall submit recommendat10ns to the Admini trator for 

the purpose of ren lering the hour and wage pro ision of this Code 

as consistent as possible with uch provisions in codes of related 

trades. 

Approval recommended : 

HUGH s. JOHNSON' 

Administrator. 

THE WHITE HousE, 

May 1, 1934. 

FRANKLIN D. ROOSEVELT. 
LETTER OF TRANSJVIITTAL 

The PRESIDENT, 

The lY hite House. 

Srn: The proposed Code of Fair Competition for the Retail Rubber Tire and Battery Trade was submitted to the Administrator on 

August 23, 1933. Further consideration of the Code was postponed 

pending approval of the Code for the Rubber Tire Manufacturing 

Industry. A Hearing was conducted in Washington on December 

15, 1933. The Code was revised durino- the recess of this Hearing 

and is submitted in its present form fur approval. Every person 

who requested an appearance was properly heard in accordance with 

statutory and regulatory requirements. 

HOURS AND WAGES 

Under this Code, employees are limited to 48 hours per week with 

a restriction of 10 hours per day and 52 hours in any one week. Over 

time in excess of 48 hours per week shall be paid at the rate of time 

and one third. Watchmen are limited to 54 hours per week and not 

more than 6 days per week. These maximum hours refer to the 

availability of the employee in the employer's establishment. 

The Code provides for a minimum wage of $0.40 per hour for part 

time employees or employees paid on an hourly b.asis in Northern 

St!ltes and $0.35 per hour in Southern States. Minimums for 

salaried employees range from $12.00 per week in towns of less than 

2,500 population to $15.00 per week in cities of 500,000. 

OTHER PROVISIONS OF THE CODE 

The Code provides for the posting of prices in a conspicuous 

manner in any dealer's establishment for the guidance of consumers. 

It also provides that whenever the Code Authority may determine 

that destructive price cutting exists in any trade area to the extent 

that it endangers the provisions of the Code, upon certification, the 

Administrator may declare an emergency and cause the lowest re.asonable cost to be detennined for such trade area-such lowest reasonable cost being the lowest price at which any dealer may sell 

products of the Trade in that area during the emergency. 

The Trade has adopted thirty-four (3'4) trade practice provisions 

in this Code, designed to eliminate various :forms o:f unfair competition. ~rfany of these were originally incorporated in the Codes for 

the Rubber Tire and Electric Storage Battery Industries. Every 

effort has been made to coordinate the Codes for this Trade with the 

respective Industries supplying its products. The Code further 

provides however that the Code Authority shall make recommendations to the Administrator in regard to the coordination of this Code 

(509) 
510 

with that of the Code uthority of the Rubber Tire Manufacturing 

Indu try and the El ctric Storage Battery and Wet Primary Battery 

Indu try, for administrative purpo . Supplemental "odes for the vVhol ale Tire and Battery Trade 

an l the Tire Rebuilding and Retreading Indu try or Trade may be 

ubmitted as part of this Code at a later date. 

EOONOMIC EFFECT OF CODE 

Sales in the Rubber Tire Manufacturing Industry declined from 

$675,000,000 to $300,000,000 or 55% from 1929 to 1933. Sales in the 

Electric Storage Battery Industry declined from $109,000,000 m 

1929 to about $65,000,000 or 40%, in the same period. 

In 1929, there were 154,000 establishments engaged in the retailing of tires and batteries, according to the Cen us of Distribution for that year. Sales of tires composed 85% of the total sales 

of the products of the Trade, covered by this Code. No exact data 

are available as to the number of establishments selling tires and 

batteries or the number of employees involved. It is believed that 

some 175,000 establishments will be affected by this Code, insofar as 

the trade practices. Tires and batteries are sold in many types of 

establishments, including filling stations, motor vehicle retailers, 

garages, tire and battery stores, automotive accessories stores, department stores. The Division of Research and Planning estimates 

there are about 100,000 employees engaged in the Trade. The Trade 

itself estimates 150,000 employees. In the absence of any data, 

no estimate can be made as to re-employment. Prior to last .August, the Trade has stated that employees averaged from sixty to 

seventy hours per week. 

The Retail Rubber Tire and Battery Trade urgently needs a 

Code of f air competition. As you know, it was necessary for this 

Administration to intervene on March 30th to end a wave of destructive price cutting which had spread thruout the country. In transmitting the Code for the Rubber Tire Manufacturing Industry for 

your approval, I stated that the reclamation of this Industry and 

Trade from the destructive competition which has existed, must be 

a continuing task over a long period of time. This Code is designed 

to supplement the Manufacturers' Code, and to further assist the 

Industry and Trade in eliminating the type of unfair competition 

which has prevailed. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found a herein set forth and on the basis of all the proceedings in thi matter : 

I find that: 

(a) Said Code is well de iITTlecl to promote the policies and 

purpose of Title I of the National Indu trial Recovery Act, including removal of obstructions to the free fl.ow of interstate and forei~ 

commerce which tend to dimini h the amount th reof and will 

provide for the general welfare by promoting the organization of 

ind.ustry for the purpose of cooperative action among the trade 

groups, by inducing and maintaining united action of labor and 
511 

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) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant association 

is a trade association truly representative of the aforesaid Trade; 

and that said association imposes no inequitable restrictions on 

admission to membership therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

been deprived of the right t-0 be heard prior to approval of said 

Code. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HUGH s. JOHNSON' 

A dministra:tor. 

MAY 1, 1934. 
CODE OF FAIR COMPETITIO FOR THE RET IL 

RUBBER TIRE AND BATTERY TRADE 

To effect the policies of Title I of the National Indu trial Recovery Act, the following prov1 ion. are hereby e tablished as a 

Code of Fair Competition for the Retail Rubber Tire and Battery 

Trade, and shall be the tandards of fair competition for this Trade, 

and hall be binding upon every member thereof. 

ARTICLE I 

A. DEFI :rJTION 

SEOTION 1. The term "Retail Rubber Tire and Battery Trade" 

or "Trade", as used herein, shall mean the sale or offering for sale 

to the ultimate consumer and not for re ale purpose , of: 

(a) Solid or pneumatic rubber tires and pneumatic rubber tubes; 

(b) Automotive storage batteries for starting, lighting, and/or 

ignition service and radio receiving storage batteries; 

( c) Tire or battery parts and accessories ; 

(d) Automobile rims and wheels in connection with change-over 

from one type of tire equipment to another· 

( e) The servicing of ~roducts of the Trade. 

SECTION 2. The term ' Member of the Trade " or " Member ", as 

use l herein, includes but without limitation, any individual, partnership, association, corporation, or other form of enterprise, and any 

subsidiary or affiliate of the same, engaged in the Trade, either as 

employer or on his or its own behalf. 

SECTION 3. The term '~1ember of the Code", as used herein, 

includes any ~1ember of the Trade who shall expres ly signify 

assent to this Code. 

SECTION 4. The term " service " or " servicing " as used herein, 

shall include in addition to the direct servicing or repairing 

of products of the Trade the rendering of any service to a en tomer 

a part of a transaction of sale or offer of sale of any product of the 

Trade to such cu tomer, and the rebuilding of such products by the 

:Member of the Trade. 

ECTIO 5. The term "Association', as used herein, mean the 

National Tire Dealers Associaton Inc., a corporation organized 

an l exi ting under the laws of the State of New York, and at pre ent 

having its principal office at Chicago Illinois, or uch uccessor 

corporation thereto a may h reafter be duly con tituted. 

ECTION 6. The term " employee ", a u ed herein, include any 

and all per ons engaged in the Trade, howe er com pen ated, except 

a :Member of the Trade. 

SECTION 7. The term 

by whom such employee i 

mployer as u ed herein include 

compen ated or employe<1. 

(512) 

an one 
513 

SECTION 8. The terms "the President", "Act", and "Administrator", as used herein, mean, respectively, the President of the 

United States, Title I of the National Industrial Recovery Act, 

and the Administrator for Industrial Recovery. 

SECTION 9. The term " Southern States", as used in Articles IV 

and V herein, shall mean Alabama, Arkansas, District of Columbia, 

Florida, Georgia l(entuck:y, Louisiana, 1\1aryland, Missis ippi, 

New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, 

Texas, Virginia, and ,iVest Virginia. 

SECTION 10. The term. "Northern States", as used in Articles IV 

and V herein, shall mean the rest of the United States, but not 

Alaska, Hawaii or Puerto Rico. 

SECTION 11. Population for the purposes of this Code shall be 

determined by reference to the late t Federal Censu 

ARTICLE II 

A. ADMINISTRATION 

SECTION 1. A Code Authority is hereby established, consisting 

of nine voting mem.bers representative of the trade, to be appointed 

by the Administrator, consisting of the following: 

. Six members representative of Members of the Code who are 

inde2end,ent tire and battery dealers. One such Member shall be 

elected from each of the six geographical Regions as defined in 

Section 3 of this Article : 

One member shall be repre entative of l\1embers of the Code who 

are distributors of petroleum products, distributing special brand 

tires, tubes, and batteries : 

One member shall be representative of Members of the Code distributing special brand tires, tubes and batteries through mail order, 

chain or department stores. 

One member shall be representative of Members of the Code owned 

or controlled by rubber tire manufacturers and known as company 

retail stores. 

(a) The General Manager of the Association shall be an ex- officio member of the Code Authority and shall act as its Chairman 

with no voting power. 

(b) One alternate shall also be appointed by the Administrator 

for each member of the Code Authority, representative of the same 

class of Members of the Code as his principal with full power to act 

in the absence of his principal. 

( c) The nine persons appointed to constitute the Code Authority 

and their alternate shall serve for such terms as may be designated 

by the Administrator, provided, however, that any per on appointed 

may be removed by the Administrator at any time. 

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

may be from one to three persons to be known as Administration 

Members, without vote and without expense to the Trade, to be appointed by the Administrator, to serve for such terms as he may 

specify. 

65984°-544- 2--34-2 
514 

SE TI 3. The geoITTaphical Reaions for the purpose of lection 

of he ind p nd .nt dealer m mbers of the o le Authority hall be 

con tituted as f llow : 

tlanti 1entr al Ea tern, ou hern, 1Ve~tern Pa ific, with such 

b 1m lari t her e o a the Admini trator may pr crib . SECTIO 4. Ea h trade as ciation tlir ctly r indir ctly participating in the . · •l tion or activiti of the Cod \.uthority ·hall: 

(a ) Impo no inequitable re tricti n on member hip, an 

(b) Submit to the Administrator true copie of it articl of a ociation by-law · r egulations, and an am ndment when made 

thereto, t ogether with uch oth r information a to memb r hip 

organization an l a tivibe a.s th Admini trator may deem nee ary 

to effectuate the purpo es of the Act. 

'EcTro .. T 5. In rder that the Code uthority shall at all time 

br truly repr entativ of the Trade and in ther re. pect omply 

with tl1e proYisions of the Act, the \..clministrator n ay pre ribe 

such hea ri110 · as he may deem proper; and th reaft r if h shall 

,find that the· Code Authority is not truly repr entativ or d es not 

in other re ·pect comply with the provi. ion · of the Act, may r quire 

nn appropriate modification of the Code Authority. 

SE TION 6. T thing ontained in thi. Co 1° shall constitute the 

)nemb rs of the Code Authority partner for an purpose. or hall 

'thi Code be con trued to render any member of the ode uthority 

liable in any manner to anyone for an. act of any other member, 

J.>fficer, agent, or emplo} ee of the Code uthority. r hall this 

Code be construed to render any member of the o le Authority, exerci ing reasonable diligence in the conduct of his duties hereunder, 

liable to anyone for any action or omi ·ion to act nnd r this ode, 

ex ept for hi own wilfull malfea anc or non-feasance. 

SECTION 7. Subject to such rules and regulatjons as may be i ued 

by the Administrator, the Code Authority shall have the following 

powers and duties, in addition to tho e authorize l by other provisi-011s 

of this Code. 

(a) To in ure the execution of the provi ions of this Code and 

provide for the compliance of the Tra le with th prov1 1011 of the 

Act. 

(b) To ad pt by-laws and rul and r o·ulation for its pr cedure 

and for th admini tration of the Code. 

( c) To obtain from l\Iembers of the Tra l u h information and 

re1 orts a are required for the adrnini tration of the C de. In 

a lclition to information required to be submitted to the Code Anth rity, I emb0 rs of the Trade subj ct to thi ode hall furni h 

such st ati tical information as the Admini trat r may leem nece ~.-ary 

f r the purpo es recited in Section 3 (a) of the Act t uch Federal 

and Stat no-encie a he may de ·ignate · pro -iclecl that nothing in 

thi Cod ·hall relieve any l\tiember of the Trade of any xi ting 

o~ligations to furnish rep rts to any government acrency. i:T o indi1clnal r eport ·hall be di. clo l to any other l\Iembcr of the Trade 

or any oth r party exr pt to . nch other croy rnmental ,.1gcnci · a 

may be clir ' t l b ' he A lmlni trator. 

(d) To us 11 11 trade a .. ociation and other agenc·e. a it leem 

p roper for h ca rryin; out of any of it acti ,\ tie 1 roYi(lccl for 

her ein, proYi le l that nothing h r ein hall relieve the Co le \.uthority 
515 

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

associations and agencies hall at all time be subject to and comply 

with the provisions hereof. 

( e) To make recommendations to the Administrator for the coordination of the admini tration of this Code with such other codes 

as may be related to or affect Members of the Trade. 

(f) To appoint a Trade Practice Committee which shall meet with 

the Trade Practice ommittees appointed under such other codes as 

may be related to the Trade for the purpose of formulating fair 

trade practices to govern relationships between employers under 

this Code and under such other code to the encl that such fair trade 

practices may be proposed to the Administrator as amendments to 

this Code and such other codes. 

(g) To cooperate with the Administrator in regulating the use 

of any N.R.A. insignia solely by those :Members of the Trade who 

have assented to and are complying with this Code. 

(h) To recommend to the Administrator further fair trade practice provisions to govern 1\fembers of the Trade in their relations 

with each other or with other trades. 

( i) To define regional, di trict, and other trade areas and designate the boundaries thereof. 

(j) To establish, with the approval of the Administrator, a Control Board or Boards for any region, district or other trade area 

through such individuals or groups as the Code Authority shall designate, and to discharge through such Board or Boards such of the 

powers and duties reposed in the Code Authority as may be necessary 

for the effective administration of this Code in their respective regions, districts. or other trade areas, provided, however, that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code. 

(k) To reYoke any authority granted by it pursuant to paragraph 

(j) of this Section 7 whenever it shall determine that it is not being 

fully or properly exercised. 

(1) To coordinate and harmonize the activities of the various 

Control Boards. 

(rn) It being found neces~ary to support the administration of 

this Code, in order to effectuate the policy of the Act and to maintain the tandards of fair competition established hereunder, the 

Code Authority is authorized: . (1) To incur such reasonable oblig·ations as are nece sary and 

proper for th e forego ing purpo es and to meet such obligations out 

of fund which shall be held in tru. t for the purposes of the Code 

and raised as hereinafter provided : · (2) To submit to the Administrator for hi approval, subject to 

such notice and opportunity to be heard as he may deem necessary: 

(a) An itemized budget of its estimated expenses for the foregoing purposes, and 

(b) An equitable basis upon which the funds neces~ry to 

upport such budaet shall be contributed by all Members of the 

Trade entitled to the benefit accruing from the maintenance of 

such standards, and the administration thereof; 

(3) After such budget and basis of contribution have be€n approv·ed by the Administrator, to determine and collect equitable con-
516 

tribution as aboYe t forth and to that end, if neces ary, to institute 

leo-al proceedino- therefor in its own nam . 

( 4) Each 1 mber of the Trade shall be liable for his or its quitable ontribution to the xpenses of the maintenance of the ode 

Authority as hereinabove provided. Only :Member of th Tra le 

complying with the Code and making su h contribution hall be 

ntitled t participate in the selection of th member of the ode 

Authority or to receive the benefits of its Yoluntary a iviti s or to 

make use of any .R.A. insignia. 

ECTION 8. If the Ad1ninistrator shall 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 Admini trator may require 

that such action be u pended to afford an opportunity for inve tigation of the merits of such action and further consideration by such 

Code Authority or agency pending final action which hall not be 

effective unless the Administrator approve the same or unle he 

shall fail to disapprove the same after thirty 30) days noti e to 

him of intention to proceed with such action in its original or 

modified form. 

SECTION 9. The Code Authority shall desio-nate an impartial 

agency for the collection of statistics, data, reports, and information 

under the Code. Every Member of the Trade shall prepare and file 

with such impartial agency at such times and in such manner and 

form as the Code Authority may designate such ·information and 

reports pertinent to the operation of this Code as the Administrator 

may from time to time require. Such reports and/or records may be 

either sworn or unsworn as required. 

(a) Any refusal or persistent or deliberate neglect by any :Member 

of the Trade to file or furnish information required under thi Article 

shall constitute an unfair trade practice and a violation of this Code. 

ARTIOLE II I 

A. INDUSTRIAL RELATIONS POLICIES 

SECTION 1. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, 

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

employers of labor, or their agents, in the designation of such 

representatives or in elf-organization or in other concerted activitie 

for the purpose of collective bargaining or other mutual aid or 

protection. 

SECTION 2. No employee and no one seeking emplo ment hall be 

required as a condition of employment to join any company union 

or to refrain fr m joining, organizing, or a i ting a labor organization of his own hoo ing. 

E TIO 3. Employ r hall comply with the maximum hour of 

labor, minimum rat s of pay and other conditions of employment, 

ar .proved or pre crib d by the President. 

SECTION 4. N per on under ixteen (16) 'ear of age hall be 

employed in the Trade. No per on under eight en ( 1 ) ears of 

age shall be employed at operations or ccupation which are danCYerous to health. In any State an employer hall be deemed to have 
517 

complied with this provision as to age if he shall have on file a valid 

certificate or permit duly signed by the Authority in such State 

empowered to issue employment or age certificates or permits showina 

that the employee is of the required age. b 

SECTION 5. No provision in this Code shall supersede any State or 

Federal Law which imposes more stringent requirements on employers as to age of e1nployees, wages, hours of work, or as to safety, 

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

protection, then are imposed by this Code. 

SE TION 6. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge :for the purpose o:f defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 7. All employers shall post and keep posted copies of this 

Code in conspicuous places accessible to all employees. Every Member of the Trade shall comply with all rules and regulations relative 

to the posting of provisions of Codes of Fair Competition which may 

from time to time be prescribed by the Administrator. 

SECTION 8. Every employer shall make reasonable provision for 

the safety and health of his employees at the place and during the 1 

hours of their employment. 

ARTICLE IV 

A. HOURS 

SECTION 1. No employee shall be permitted to work more than 

:forty-eight (48) hours in any one week, nor more than ten (10) hours 

in any one day, except that in cases of necessity such employees may 

work in excess of forty-eight ( 48) hours in any one week, and ten 

(10) hours in any one day, provided that time and one third shall be 

paid for all hours of employment in excess of :forty-eight ( 48) hours 

in any one week or ten (10) hours in any one day, but in no case shall 

an employee be permitted to work more than fifty-two (52) hours 

in any one week. SECTION 2. ·vv atchmen shall not be permitted to work more than 

Fifty-four ( 54) hours in any one week, nor more than six ( 6) days 

in any one week. 

SECTION 3. Employees engaged in a managerial, executive or super-

\Tisory capacity in cities of 100,000 population or more or in the immediate trade areas of such cities, who regularly receive not less 

than Thirty-five Dollars ($35.00) per week in Northern States and 

not less than Thirty Dollars ($30.00) per week in Southern States, 

and such employees in places of less than 100,000 population or in 

the immediate trade areas of such places who regularly receive not 

less than Thirty Dollars ($30.00) per week in Northern States and 

not less than Twenty-five Dollars ($25.00) per week in South~rn 

States, and outside salesmen, shall be exempt from any provisions 

as to maximum hours. 

SECTION 4. No employer shall knowingly permit any employee to 

work for any time which, when totaled with that already performed 

with another employer or employers in this Tracle exceeds the maximum permitted herein. 
518 

E TIOX 5. The ma.-mrnm hour. h reinabo, pre. cribecl ref r to 

fh e aYailability of the 1 pl yec in the tabli hment r on the premi ·es of th em1 lo rer at the latter requ t whether or n t the 

emplo r is a ·tively engar cl in specific ta ·k throughout th se hour . ECTION 6. The ode Authorit 1 l all proc ed immediately to a 

study of the problem of con cut.1ve hour of emplo m nt ith regard to th nec0ssities of th Tra l in the maintenance of erYi e to 

the publi , and mak" recommendations within ninety (90) day , whi ·h upon appro ·al by the Admini trator after uch noti and 

hearin o· a. he may pre crib hall be eff ecti e as a part of this ode. 

ARTICLE V 

A. \VAGES 

SECTION 1. No employee shall be paid per week of fort -eight 

'(4.8) hours le s than at the rate of: 

$15.00 per week-In any city of 500 000 population or over or 

in the immediate trade area of such city, in the orthern 

State ; 

$14.00 per week-In any city of 500,000 population or over or 

in the immediate trade area of such city, in the outhern 

tate ; 

$14.50 per w ek-In any city between 250 000 population and 

under 500,000 population or in the immediate trade area of 

su h city, in the Northern States; 

$13.50 per week-In any city between 250 000 and under 

500,000 population or in the immediate trade area of uch city, 

in the Southern States· 

$14.00 per week-In any place between 2,500 and under 250,000 

population or in the immediate trade area of such place in 

the Northern States; 

$13.00 per week-In any place bet11een 2 500 and under 250,000 

population or in the immediate trade area of such place, in 

th Southern States· 

$12.00 p r week-In places elsewh re. 

SE TION 2. A part time employee or one paid on an hourly basis 

shall be paid not le than forty cents ( 409

1 ) per hour in the Northern 

i...:tate nor le s than thirty-five c nts (35 . ) per hour in the Southern 

tate . A part time employ e i one who e working hour entitle 

him to le than the applicable minimum w ekly amount pecified 

in ection 1 of this Article. Any emplo 1er may e tabli h a regular 

full time week of le s than the hour specified in ection 1 of this 

Articl for all r part of hi mploye s 1 r "ided howe r that the 

minimum weckl3 11ag s e tabli -heel in aid S ction hall not be 

thereby r du ed. 

ECTIO 3. No mployee, who e normal full time weekly hour are 

r due cl I nr nant to thi Code by 20% or le ~, shall ha, his or her 

full .imc ,Y ckly earning r clue cl. N employee who e normal 

full tun weekly hour are r ducecl by more than 20 7' pur uant to 

thi. cl hall hav hi or h r full time 11eekly arnings reduced 

by more th, n 10 7c , an l in no e,·ent les than the minimwn weekly 

wage establi hed in Se tion 1 of this Article. 
519 

SECTION 4. A person whose earning capacity is limited because of 

age, phy ical or mental handicap may be emplo ed on light work at 

a wage below the minimum established by this Code if the !\1ember 

of the Trade obtains from the State Authority de ignuted by the 

United tates Department of Labor a certificate authorizing such 

per on s employment at such wages and for such hours as shall be 

stated in the certificate. Every Member of the Trade shall file 

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

by him, hawing the wages paid to, and the maximum hours of 

work for such employees. 

SE TION 5. Female employees performing substantially the same 

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

employees. 

SECTION 6. This Article establishes minimum rates of pay which 

shall apply, irrespectiYe of whether an employee is actually compen ated on a time rate, piece-work, or other basis. 

ARTICLE VI l 

A. OPEN PRICES AND DESTRUCTIVE PRICE-CUTI'ING 

SECTION 1. Every !\1ember shall file with the Code Authority or 

its duly constituted agency, in such manner and form as the Code 

Authority or its agency may determine, a schedule of such Member's retail and commercial prices, discounts, terms and conditions 

of sale (including trade-in allowances, if any) for any product or 

service of the Trade or any combination thereof. 

SECTION 2. Thereafter no Member shall sell or offer for sale any 

product or service of the Trade or any combination thereof below 

the price stated in such filed schedules, provided however that such 

schedules may be changed on not less than three (3) days notice to 

the Code Authority or its agency, in such fair manner as the Code 

Authority or its agency shall determine. No advance notice of 

change need be given in the event that any Member advances prices 

over his last filed schedule but this hall not be construed to include 

a waiver of the requirements of Section 1 of this Article. 

SECTION 3. Every ~!ember hall po t and keep posted conspicuously 

in his establishment or establishments, in a manner easily accessible 

to cu tomers, a copy of his prevailing schedule of filed retail prices, 

at which any product or service of the Trade or any combination 

thereof will be sold or offered for sale by him. The Code Authority 

or it agency may determine the manner and form of such schedule 

and po ting thereof. 

SECTION 4. Destructive price-cutting as set forth herein is declared 

an unfair method of competition and is forbidden. \Vhenever the 

Code ..... uthority determines that an emergency exists throughout the 

Trade or within the Trade in any area, and that the cause thereof is 

destructiYe price-cutting such as to render ineffective or to seriously 

endanger the maintenance of the provisions of this Code or of the 

Act and the Code Authority c rtifies its conclu ions based on such 

determination to the Admmistra.tor, or the Administrator determine on his own initiati, e, that an emergency exists as herein set 

1 See p~ragraph 2 of order approving this Code. 
520 

forth the Aclmini -irntor ma, th r upon declare uch an mcrgency 

to e.·i. t, u bject to th pro Yi ·ion of Arti le XI of this ode. 

(a) Th r upon the Ac1mini trator may can e to be determined in 

acconlan with :uch rules and regulations a. · h may pre cribe, the 

low t rea ·onabl co.t of any product r sen·ice of the Trade in 

any ar a cone rning ,Yhich such emeraency hall haYe be n leclared 

to xif-:t. Snch lowe t ·ea onable o t wh n determined as afore aid, 

hall be announced to l\Iember · of the Trade in u h mann r a the 

Ac.lmini.·trator shall direct. 

(b) Thereafter until the A lmini trator hall have declared that 

sZ1.id emergency ha cea eel to exi t, no l\fember of the Trade hall 

sell, or offer t sell, or otherwi ·e di po e of any product or ervice 

of the Trade for whi h the lowe. t rea onable co t has b en determined, as hereinabove et forth at a net realized price less than 

the lowe t rea. onabl co. t so e tabli heel. 

( c) During the period o:f the emergency, the determination of 

lowest reasonable cost may be revised from time to time at rea onable intervals or a changes in circum. tances or experience may 

indicate. 

( cl) The Admini trator may at any time declare, in such fair manner as he shall determine, that the period of emergency has ended. 

ARTICLE VII 

A. TRADE PRACTICES 

SECTION 1. No member shall use advertising (whether printed, 

radio, display, or of any other nature) or other repre entation which 

is misleading or inaccurate in any material particular or which refers inaccurately to competitors or their commoditie price , values, 

credit terms, policies, or services. No Member shall, in any way, 

misrepresent any commodity (including but without limitation, its 

u e, trade mark, grade, quality, quantity, origin, size, sub tance, 

character, nature, finish, material content, preparation or pecification ) or credit terms, values, policies, serYices, or the nature or form 

of the busines conducted. 

SECTION 2. No lVIember shall u e adverti ing which inaccurately 

lay claim to a policy or continuing practice of under elling 

competitors. 

SE TION 3. No :Member shall adYertise, sell or offer for ale any 

products of the Trade or serYice thereof in combination offers as 

"free ', or any unit of such combination offer at le s than the po ted 

price for such unit. 

E TION 4. No :Member hall make any unauthorize l u e of trade 

name trademarks, or sloo-an identical with or in imitation of tho e 

nlrea ly in u e by any other l\Iember of the Trade or any fember of 

the Rubber Tire l\Innufacturing Indu try or th Electric torage 

and ,, et Primary Battery Industry with the purpo c or effect of 

mi leadino· or deceivina custom rs in any material particular. 

8ECTIO- 5. No l\1ernber hall falsely adYerti e or make any ther 

r pr entation referring to, containing, or embodying a trade name 

or trad -mark of any manufacturer or li tributor, or any uch terms 

as "All Standard l\fakes ", in connection with the off ring and/or 
521 

sale of any tires, tubes, or batt€ries, bearing a trade-mark or trade 

name. 

SECTION 6. No :Member shall represent itself as a " franchised 

dealer", by display or otherwise, for a particular product, when 

in fact such Member is not so "franchised." 

SECTION 7. No Member shall advertise in any form or by any 

means the selling of " change-over " tires, or the offering of any 

trade-in allowance on used products of the Trade, provided that 

nothing herein shall limit in any way the operation of Section 3 

of Article VI. 

SECTION 8. No Member shall fill at old prices any orders received 

or showing postmark after 12: 01 A.M. of the day upon which a 

Member's new prices become effective. No Member shall solicit 

orders at old prices after new prices have become effective. No 

~1ember shall give any information to any class of consumers regarding price changes prior to their effective date. 

SECTION 9. No Member shall solicit or accept written or verbal 

orders, agreement , or contracts for the sale of any products of the 

Trade to any class of customers, the effect of which is to guarante_e 

-prices on future deliveries. No Member shall renew or extend existing orders or contracts as a subterfuge in violation of this Section. 

For purposes of interpretation of this Section, orders delivered 

within thirty days (30) after date of order may be construed as 

"immediate delivery"; deliveries after such thirty (30) day period shall be construed as "future delivery" and billed at prices in 

effect on delivery date. Should this provision work a hardship on 

any Member, such Member may apply to the Code Authority which 

shall have power to grant such exception as justice may require. 

SECTION 10. No Member shall allow a cash discount in exces of 

two (2%) per cent. No Member shall sell or offer for sale products 

of the Trade on a deferred, installment or time basis, unless the total 

selling price for such products includes an amount for legal interest 

and other usual carrying charges. 

SECTION 11. No Member shall solicit or accept at other than current prices the reinstatement of any order previously canceled. 

SECTION 12. No Member shall withhold from or insert into any 

quotation or invoice any statement that makes it inaccurate in any 

material particular. No Member shall post-date or pre-date, or 

acquiesce in the post-dating or pre-dating of orders, invoices, or 

contracts. 

SECTION 13. No Member shall secretly make any payment or allowance of a rebate, refund, commission, credit, unearned discount, 

or excess allowance, whether in form of money or otherwise, for 

the purpose of influencing a sale, nor shall any :M~ember secretly 

offer or extend to any customer any special service or privilege 

not extended to all customers of the same class. 

SECTION 14. No Member shall give, or knowingly permit to be 

given, or offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of 

such employee, the principal of such aaent, or the represented party. 

This section lrnll not be construed to pr hibit the free and o-eneral 
522 

distribution of articles used for advertising except when such articles 

are actually used for commercial bribery as aforesaid. 

SECTION 15. No Member shall make, or publish any statement concerning the name, reputation, services, goods, products, policies, 

practices, or financial standing of any Member, its agents, representatives, or employees which is false or misleading in any material 

particular. 

SECTION 16. No l\1ember shall willfully 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 embarrassino- competitors in their business. SECTION 17. No Member shall brand or mark or pack any goods 

in any manner which is intended to or does deceive or mislead 

purchasers in any material particular with respect to the brand, 

grade, quality, quantity, origin, size, ubstance, character, nature, 

finish, material content or preparation of such goods. 

SECTION 18. After four months from the effective date of this Code 

no Member shall sell, or off er for sale, " blemished " or " second '~ 

tires and tubes except to a Member's own employees for personal use 

and not for purposes of resale. · 

SECTION 19. No Member shall under any circumstances sell or 

offer for sale new products of the Trade ( or "firsts") as "seconds", 

"used", or" changeovers." 

SECTION 20. No Member shall sell or offer for sale any products 

of the Trade of obsolete or discontinued design in a number in 

excess of ten units in any one establishment during any thirty (30) 

day ~eriod at special prices unless 

(a) Such Member shall notify the Code Authority or its duly 

constituted agency ten (10) days in advance of the intended offering 

for sale of such products, and 

(b) Such products are marketed in accordance with regulations 

of the Code Authority thereto appertaining, and 

(c) Such Member states the number, type and size of such products 

and the discount below the regularly established price at which such 

products are to be offered or sold, and 

( d) Such Member indicates clearly to customers that such products are of obsolete or discontinued design. 

( e) Advertising in any forrri or by any means clearly specifies that 

such products are of obsolete or discontinued design. 

For the purpose of this Section, obsolete or discontinued designs 

shall be defined as all products of the Trade which have actually 

been discontinued from production. 

SECTION 21. No Member sh_all offer or give any product of the 

Trade or sell below his posted price any such product for test purposes without prior approval of the Code Authority. 

SECTION 22. The Code Authority shall, in cooperation with the 

Code Authority for the Rubber Tire Manufacturing Industry, make 

a complete study of the practice of leasing tires to taxicab and bus 

companies and submit recommendations to the Administrator within 

ninety (90) days from the approval of this Code for the elimination 

of any unfair practices which may exist in this field. 
523 

SECTION 23. No Member shall directly or indirectly make any allowance whatever on used solid or pneumatic truck and bus tires or 

used tubes. Nor shall any member be instrumental in disposing, in 

any manner, of used solid or pneumatic truck and bus tires or tubes 

for the credit of the customer. 

SECTION 24. No Member shall indicate, or permit any employee to 

indicate, either directly or indirectly, or by inference in advertising 

or selling, that breaker strips are plies. Plies extending from the 

heel of one bead to the heel of the other bead, if of substantially the 

same construction as other plies in tire, shall not be considered as 

breaker strips. 

SECTION 25. No Member shall sell, or offer for sale, any recapped 

or retreaded tires unless the words "Recapped" or "Retreaded" 

are conspicuously and permanently marked, stenciled, or branded in 

letters of not less than three-eighths inch in height on passenger car 

sizes, and one-half inch in height on truck and bus sizes, on the side 

wall and wrapper thereof. 

SECTION 26. No Member shall advertise or use or permit to be advertised or used, such terms as " unconditional guarantee " when 

conditions are in fact imposed on the replacement or exchange o:f 

tires and tubes. 

SECTION 27. No Member shall advertise, make, offer, or extend any 

guarantee, warranty, or adjustment policy on second, discontinued 

lines, rebuilt, re:{)aired, or used storage batteries for a period longer 

than ninety (90) days. 

SECTION 28. No Member shall sell, or offer for sale, any storage 

battery which is not marked or branded with respect to capacity and 

quality, such marking or branding actually to designate capacity or 

quality, or to refer by type or number or other designation to published specifications with respect to capacity and quality. 

SECTION 29. No Member shall sell, or offer for sale, any battery as 

a "rebuilt" battery when in fact all positive and negative plates and 

separators have not been replaced with new ones, or in which the 

plates are of a brand other than that shown on the branded parts 

used. 

SECTION 30. No Member shall sell, or offer for sale, any rebuilt 

or repaired battery which is not marked and/or branded plainly and 

permanently " rebuilt " or " repaired " as the case may be. 

SECTION 31. No Member shall make or extend any warranty, guarantee, and/or adjustment policy as to time, mileage, or performance 

of any battery, and/or make any adjustment or allowance beyond the 

terms of the warranty, guarantee, and/or adjustment policy offered 

by the manufacturer or brand owner of said battery, and in no case 

shall make or extend any warranty, guarantee, adjustment or allowance on batteries beyond the terms of the standard guarantee and 

adjustment policy of the Electric Storage and Wet Primary Battery 

Industry, as provided in the Code of Fair Competition for said 

Industry ( approved October 3, 1933) ; nor shall any Member advertise or use or permit to be advertised or used, such terms as "unconditional guarantee" when conditions are in fact imposed on the 

replacement or exchange of any battery; nor shall any Member advertise, describe, or refer to an adjustment policy as a warranty or 

guarantee on batteries. 
524 

SECTION 32. No Member of the Trade shall offer or render rental 

battery service or battery recharging without reasonable compensation. 

SECTION 33. No Member shall render service of any character, away 

from such Member's premises other than in connection with the 

delivery of new products of the Trade, without reasonable 

compensation. 

ARTICLE VIII 

A. COMPLAINTS AND APPEAL 

SECTION 1. Any interested party shall have the right of complaint to the Code Authority or its duly constituted agencies and 

prompt hearing and decision thereon in respect to any matter arising under this Code. Such complaint must be communicated, and 

promptly confirmed by telegraph or in writing, to the Code Authority, or its duly constituted agencies within a reasonable period of 

time after the complaint arises. 

SECTION 2. Any interested party shall have the right of appeal to 

the Administrator under such fair procedure as the Administrator 

shall prescribe in respect to any decision, rule, regulation, order, 

finding, or omission to act, of the Code Authority. 

ARTICLE IX 

A. MODIFICATION 

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

made subject to the right of the President, in accordance with tha 

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

time to cancel or modify any order, approval, license, rule or regulation issued under said Act. 

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

Act, may be amended or modified on the basis of experience or 

changes in circumstances. The Code Authority may recommend any 

amendment or modification to the Administrator and upon approval 

thereof by the Admjnistrator, after such notice and hearing as he 

may prescribe, the same shall become binding as a part of this Code. 

ARTICLE X 

A. MONOP0LIES 

SECTION 1. No provision of this Code shall be so construed or 

applied to permit monopolies or monopolistic practices or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI 

A. EFFECTIVE DATE AND TERMINATION 

SECTION 1. This Code shall become effective on May 14, 1934, 

except as may be otherwise stated in the Executive Order approving 

the same, provided, however, that if prior to said date the Administrator on his own initiative determines that an emergency due to 
525 

destructive price-cutting, as stated in Article VI, S0 ction 4, of this 

Code, exists in the Trade, the Administrator may thereupon cause 

to be determined the lowest reasonable co t as set forth in said 

Section 4 of Article VI and such determination may thereupon be 

announced to the Members of the Trade in uch manner as the 

Administrator shall direct but shall not become binding upon such 

Members until the aforesaid effective date. This Code shall continue in effect until June 16, 1935, or until such time prior thereto 

when the President shall, by proclamation, or the Congress shall, 

by joint resolution declare that the emergency recognized by Section 

1 of the Act has ended. Provided, however, that Section 4 of 

Article VI of this Code shall cease to have effect on October 1, 1934, 

unless prior to said date the Code Authority shall have recommended 

continuance thereof and the Administrator shall have approved such 

recommendation. In connection with any such recommendation, the 

Code Authority shall submit data to support the same. 

ARTICLE XII 

.A. SUPPLEMENTS 

SECTION 1. Codes for the Wholesale Rubber Tire and Battery 

Trade, the Tire Rebuilding and Retreading Industry or Trade, and 

such other groups, industrie or trades associated with this Trade, 

may be filed with the consent of the Code Authority and the Administrator, as supplements to this Code, and upon due approval thereof, 

shall be operative as a part hereof, under such conditions as the 

Administrator may prescribe. 

ARTICLE XIII 

.A. COORDIN .A TION 

SECTION 1. The Code Authority shall, in cooperation with the 

Code Authorities of the Rubber Tire Manufacturing Industry and 

the Electric Storage and vVet Primary Battery Industry, submit 

recommendations to the Administrator for the establishment of joint 

committees for the coordination of the Code for this Trade with that 

of the Rubber Tire Manu:facturing Industry and the Electric Storage 

and Wet Primary Battery Industry, with a view to joint consideration and proper determination of any common problems which 

relate to the distribution of products of the Trade. 

Approved Code No. 410. 

Registry No. 807-18. 

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