Approved Code No. 479 Registry No. 1328-12 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

COLD STORAGE DOOR 

MANUFAC!BR~NG INDUSTRY 

AS APPROVED ON JULY 11, 1934 

WE DO OUR PART 

~ -. - - f A a. I 

u.s. •eiaos,ro~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 479 

CODE OF FAIR COMPETITION 

FOR THE 

COLD STORAGE DOOR MANUFACTURING 

INDUSTRY 

As Approved on July 11, 1934 

ORDER 

APPROVING CoDE OF F Arn COMPETITION FOR THE CoLo STORAGE DooR 

MANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of tli.e National Industrial 

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

Fair Competition for the Cold Storage Door Manufacturing 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: 

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

States, I, Hugh 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; provided, however, that 

the provisions of Article VII, insofar as they prescribe a waiting 

period between the filing with the Code Authority ahd the effective 

date of price lists, as originally filed and/ or revised price lists or 

revised terms and conditions of sale be and they hereby are stayed 

pending my further Order ; and, further provided, that the Trade 

Association proposing the Code revises its Constitution and By-Laws 

prior to the election of the Code Authority to conform to the requirements of the National Recovery Administration. 

HUGH S. JOHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended: 

BARTON vv. MURRAY, 

Division Adniinistrator. 

w ASHINGTON, D.C., 

July 11, 1934. 

73191 °-829-43- 34-1 (31) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

Cold Storao-e Door Manufacturing Industry, a r vised after a 

public hearing conducted in vVa hin oton D.C., on J anuary 3 1934, 

in accordance with the provisions of Title I of the ational Indu -

trial Recovery \..ct. 

Provisions Of The ode As To Hour ; "\Vage and General Labor 

Provisions: 

1. This ode provi les that no employ e hall be permitted to 

work in exce s of forty ( 40) hours in any even (7) day period, 

or more than eight (8) hours in any twenty-four (24) hour period, 

exceI?t as follow· : 

( a) No person employed in lerical or office work hall be permitted to work in excess of eight (8) hour in any tw n y-four 

(24) hour period. 

(b) Employees engaee<l as truck drivers may be permitted to 

work not in excess of torty-four ( 44) hours in any seven (7) day 

period or more than nine (9) hours in any twenty-four (24) hour 

period; provided that at l ast one and one-half (11⁄2) tune the normal rate of pay shall be paid for time worked in exce s of forty 

(40) hours in any seven (7) day period or in e:xce of ight ( ) 

hours in any twenty-four (24) hour period. 

( c) Employees engaged as watchmen in manufacturing plants 

in operation may be permitted to work not in exce of ninety- ix 

(96) hours in any fourteen (14) day period. 

( d) To pro ide for sea onal peak , employe ( other than tho e 

engaged in clerical and office work and tho en a ed a tru k 

drivers and watchmen in manufacturing plant in operation) may be 

permitted to work not in exces of fort -eio-ht ( 4 ) h ur in any 

seven (7) day period in not more than ix (6) con e utive n (7) 

day periods of an. ix (6) months p riod; provided, how v r that 

this tolerance hall not be permitted if sea nal d man<l ' ·an b m t 

by the employment of ad litional empl y , ll.Ild furth r rovid d 

that at lea t on and one-half (11⁄2) time th normal rat of p y 

shall be paid for all time worked in xc . of th ma.·ima pr id d 

by e tion ( 1) of Article III of th ode. 

( ) Thi od ex mpt from h url limi ati n trav lino- · 1 m n 

and persons employ d in a man a rial r x utiv a1 a ity wh 

arn not 1 than thirt -fi d Har ( · . 0) p r w k a1 mpl 

n ag d in m ra n · majnt nan r m r n r air v rk in1 Yin br akd wn r th prot ·ti n f lif r prop r · provitl d 

h w v r that in a f m rg ncy maint nan r m r<T n . , r J air 

w rk at l a. ton an n -half (11/d im th n 

hall be pai 1 f r all tim w rk l in f th 

pr id d b ti n 1 f rti l III od . 

( -) 
33 

2. This Code also provides that no employee shall be permitted to 

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

3. This Code establishes a minimum rate of pay of forty cents 

($0.40) per hour except that: 

(a) persons employed in clerical or office work shall be paid not 

less than at the rate of fifteen dollars ($15.00) per week, and 

(b) the wage rates for apprentices (limited to not more than five 

per cent (5% ) of the total number of employees engaged in the 

clas ification of work in which th y are employed, by any employer 

in any calendar month) shall be determined by collective bargaining. 

( c) office boy and office girls under eighteen ( 18) years of age 

limited to not more than one (1) for each twenty (20) clerical and 

office employees employed by any one m.ember of the industry in any 

calendar month, except that each member of the indu try may 

6mploy at least one (1). Such office boy or office girl shall be paid 

not less than eighty percent (80 %) of the minimum wage rate for 

clerical and office employees provided by Section 2 of Article IV 

of the Code. 

4. The Code provi les for a minimum rate of pay irrespective of 

whether the e,mployee is actually cornpen ated on a time rate, piecework or other basis. 

5. This Code also provides for an equitable adjustment of all 

wage rates above the minimum. Provisions are incorporated relative 

to the employment of handicapped persons, rates of pay for fe,male 

employees, standards of safety and health, posting of the Code, and 

payment of wage . 6. This Code provides that no employee now employed at a rate 

in excess of the minimum shall be di charged and reemployed or 

displaced by another employee at a lower rate of pay for purposes of 

evading the provisions of this Code. No person under sixteen (16) 

years of age shall be employed in the industry, and no person under 

eighteen (18) } ears of age shall be emplo3 ed at operations or occupations hazardou in nature or dangerous to health. No employer 

shall reclassify employees or duties of occupations performed or 

engage in any subterfuge for the purpose of defeating the provisions 

of this Code or of the Act. 

ECONOMIC EFFECTS OF THE CODE 

The Cold Storage Door Indu try includes the manufacture for 

sale of cold storage doors and windows, refrigerator fronts an 1 icepassing chutes, except such products as are integral parts of a commercial refrigerator. This indu try to a large extent depends for 

con umption of i product upon the alteration, rer air and con truction of packing houses ice manufacturing and distributing plants, 

hotel , breweries, butcheries and other institutions requiring cold 

storage. 

The Report of the Re earch and Planning Division indicates that 

the volume of annual ales of the indu try's products declined fron1 

about $570,000 in 1929 to about 379,000 for the year 1932 and to an 

e timated value of about $299 000 for the year 1933. Invested capital 

has declined approximately nine per cent (9%) since 1930. · 

This is not a large industry and the report of the Research and 

Planning Division indicates that in 1929 the maximum number of 
34 

employees was about ninety-nine (99) and in June, 1933, about fifty- nine ( 59). As of October 15, 1933, the number of employees has 

increased to about ninety-one ( 91) . The provisions of this Code, as 

demand for the products of this industry increases, should restore 

employment and purchasing power to the 19~9 level. 

FI TDINGS 

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 de igned to promote the policies and purposes of Title I of the J ational Indu trial Recov ry Act, including 

removal of ob~tructions to the free fl.ow of inter tate and foreign 

commerce which t nd to dimini h the amount ther of and will provide for the general w lfare by pr moting the organization of 

industry for the purpose of cooperative action amon~ the trade 

groups, by inducing and maintaining united action or lab r and 

management under adequate governmental sanctions and supervi i n 

by eliminating unfair competitive practices, by promoting the fulle t 

possible utilization of the present productive capacity of indu tri 

by avoiding undue restriction of production _( except a may be 

temporarily required), by increasing the consumption of indu trial 

and agricultural product through increa ing purcha ing power, by 

reducing and relieving unern.ployment, by improving standards of 

labor, and by otherwise rehabilitating industry. , (b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

( c) The Code as approved complies in all re pects with the 

pertinent provisions of aid Title of said A t, in lnding without 

limitation Subsection (a) of Section 3, Sub ection (a) f e tion 7 

and Subsection (b) of Section 10 thereof; and that the applicant 

association is an industrial association truly repr enta.ti e f the 

afore aid industry; and that said association impo es no inequitabl 

restrictions on admission to membership therein. 

( d) The ode is not designed to and will not p rmit monopoli 

or monopolistic practices. 

( e) The Oode is not designed to and will not liminate or ppr 

small enterprises and will not operate to di criminate again t th m. 

(f) Those engaged in other steps of the economic pro e ha c n t 

been deprived of the right to be heard prior to appr al of aid o . 

For these reasons, therefore, I have approve this ode. 

Respectfully, 

HuoH S. JoHN , 

Ad;,ninist1·ator. 

JULY 11, 1934. 
CODE OF FAIR COMPETITION FOR THE COLD STORAGE DOOR J\1ANUFACTURING INDUSTRY 

ARTICLE I-P RPOSES 

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

for the Cold Storage Door Manufacturing Industry, and its provisions shall be the standard of £air competition for such industry 

and shall be binding upon every member thereof. 

ARTICLE II-D,EFINITIONS 

SECTION 1. The term "Cold Storage Door Industry" or "Industry" as herein used is defined to mean and include the manufacture for sale of products of this industry. 

SECTION 2. The products of this industry are defined to mean 

and include cold storage doors, cold storage windows, refrigerator 

fronts, and ice-passing chutes, except that such products as are 

included as integral parts of a commercial refrigerator are 

specifically not included. 

SECTION 3. The term " Council," as used herein, shall mean the 

"Cold Storage Door J\1anufacturers' Council." 

SECTION 4. The term " employee," as used herein, includes any 

and all persons engaged in the industry, however compensated, 

except a member of the industry. 

SECTION 5. The term " employer " as used herein includes anyone 

by whom such employee is compensated or employed. 

SECTION 6. The term "member of the industry," includes, but 

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

as an employer or on his or its own behalf. 

SECTION 7. The term "apprentice" as used herein is defined to 

mean and include any employee apprenticed to his employer by an 

indenture made in pursuance to law or by a written contract between 

such an employee and his employer und(jr an apprenticeship system 

established and maintained by his employer. 

SECTION 8. The term " trade " as used herein is defined to mean 

and include all channels of distribution for the products of this 

industry. 

SECTION 9. The terms "President," "Act" and "Administrator" 

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. 

ARTICLE III-MAXIMUM HOURS 

SECTION 1. No employee shall be permitted to work in excess of 

forty ( 40) hours in any one seven (7) day period or more than 

(35) 
36 

eight (8) hours in any twenty-four (24) hour period, except as 

herein otherwise provided. 

SECTION 2. Hours for Clerical and Office E1nployees.-No person 

employed in clerical or office work shall be permitted to work in 

excess of forty ( 40) hours in any even (7) day period or more 

than eight (8) hours in any twenty-four (24) hour period. 

SECTION 3. Exceptions as to H ours.-Employees engaaed as truck 

drivers may be permitted to work not in exce s of forty-fou r ( 44) 

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

any twenty-four (24) hour period or more than six (6) day in any 

seven (7) day period; provided that at least one and one-half (l1⁄2) 

tin1.e the normal rate of pay shall be paid for time worked in ex ess 

of forty ( 40) hours in any seven (7) day p riod or in exc s of 

eight (8) hour in any twenty-four (24) hour period. 

SECTION 4. Employees engaged a wat hmen in manufacturing 

plants in operation may be permitted to work not in exce · of ninetysix (96) hours in any f urteen (14) day period. 

SECTI N 5. To provide for seasonal peaks, mployee except those 

described in Sections 2, 3 and 4 of thi Article, nuty be permitted to 

work not in excess of nine (9) hours in any t,, enty-four (24) hour 

period, or more than forty-eight ( 48) hour in any even (7) lay 

period in not more than six (6) conse,cutive seven (7) clay p riod of 

any six (6) months' period; provided, however, that thi tolerance 

shall not be permitted if seasonal demand can be m t by the mployment of additional employees; and, further provided that at least 

one and one-half (1~~) times the normal rate of pay hall be paid 

for all time worked in excess of the maximum provid cl herein in 

Section 1 of thi Article. 

SECTION 6. E xemptions as to Hour .-Th prov1. 10n of this 

Article in re pect to maximum hours shall not apply to traveling 

salesmen, or to persons employed in a manaa rial or exe utive 

capacity who earn not le s than thirty-five lollar (. 35.00) p r w k. 

SECTION 7. The provisions of this Article in r e p t to maximum 

hours shall not apply to employees engaged in em r en y maintenance or emergency repair work involving breakdown or the protection of life or property, provided, howev r that in any uch 

emergency work at lea t one and one-half (11⁄2) tim the normal 

rate of pay shall be paid for all time w rked in exc of the 

maxima herein provided by this Article, and further provid d that 

all cases of overtime emergency work shall be report d to th de 

Authority. 

SE TION 8. Standa,rd W eek.-N o employ e shall b p rmitt d to 

work more than ix (6) days in any seven (7) da p riod. 

E TION 9. Employ1nent by several employ r .- mpl yer 

shall knowino-ly permit any employee to work f r any itn "hi h 

when totaled with that already perform d with an th r mpl r, 

or employers, ex eeds the maximum permitt h rein. 

RTI LE IV-\V E 

E TI 1. If inimum u•ag s.- mpl hall b ]?aid in an 

pay period, le than at the rat of f rty c nts ( 4 : ) per hour, 

exc pt as herein otherwi provided. 
37 

SECTION 2. No person employed in clerical or office work shall be 

paid in any pay period less than at the rate of fifteen dollars 

($15.00) per week, except as herein otherwise provided. 

SECTION 3. The wage rates for apprentices shall be determined 

by collective bargaining, but in no case shall any apprentice be paid 

in any pay period at less than the minimum rate provided under 

Section 1 of this Article. The total number of apprentices employed by any n1.ember of the industry shall not exceed in any calendar month five per cent ( 5%) of the total number of employees 

engaged in the classificatiion of work in which they are employed, 

but at least one (1) apprentice shall be permitted for each classification. 

SECTION 4. Office boys and office girls under eighteen (18) years 

of age shall be paid no less than eighty per cent (80%) of the minimum wage rates for clerical and office employees provided herein 

under Section 2. Such office boys or office girls shall be limited in 

any calendar month to one (1) for each twenty (20) clerical and 

office employees employed by any one (1) member of the industry, 

except that each member of the industry may employ at least one 

( 1) such office boy or office gi r 1. 

SECTION 5. Piece-work c01npensation.-This Article establishes a 

minimum rate of pay which shall apply irrespective of whether an 

employee is actually compensated on a time-rate, piece-work, or 

other basis. 

SECTION 6. Wages above the 'llfinfrnu1n.-On or before the effective 

date every employer shall make an equitable adjustment of all wage 

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

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

workers. The action taken by each member of the industry in accorda:o.ce with this provision shall be reported to the Code Authority within thirty (30) days after the effective date of this Code and 

to the Administrator on his request and shall be subject to the Administrator's review and disapproval. 

SECTION 7. Female Mnployees.-Female employees performing 

substantially the same work as male employees shall receive the same 

rate of pay as male employees and where they displace men, and 

perform substantially the same work as the men they dispJace, they 

shall receive the same rate of pay as the men they displace. The 

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

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

occupations in the industry in which both men and women were 

employed at the effective date of the Code. 

SECTION 8. Handicapped persons.-A person whose earning capacity is limited because o:f age or physical or mental handicap may 

be employed on light work at a wage below the minimum established 

by this Code i:f the employer obtains :from the State Authority 

designated by the United States Department of Labor, a certificate 

authorizing his employment at such wages and for such hours as 

shall be stated in the certificate. Such authority shall be guided 

by the instructions o:f the United States Department o:f Labor in 

73191°-8~9-43-34-2 
38 

issuing certificates to such persons. E ach employer shall file 

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

by him. · 

SECTION 9. Evasion through Re-employ1nent.-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 purposes 

of evading the provisions of this Code. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. 0 hild Labor ProviS'ions.-N o person under sixteen 

(16) years of age shall be employed in the industry. No person 

under eighteen ( 18) years of age shall be employed at operations 

or occupations which are hazardous in nature or dangerous to 

health. The Code Authority shall submit to the Admini trator 

within sixty days (60) days after the effective date of this Code a 

list of such operations or occupations. In any State an e1nployer 

shall be deemed to have complied with this provision as to age if he 

shall have on file a certificate or permit duly issued by the Agency 

in such State empowered to issue employment or age certificates or 

permits showing that the employee is of the r equired age. 

SECTION 2. Provi'Sions fr01n the Act.-In compliance with Section 

7 (a) of the Act, it is provided : 

(a) 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 

l abor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collectiYe bargaining or other mutual aid or protection. 

(b) That no employee and no one seeking employn1ent shall be 

required as a condition of employn1ent to join any company union or 

to refrain frol"D: joining, organizing, or as i ting a labor or.,ganization of his own choosing ; and 

(c) That employers shall comply with the maximmn hour of 

labor, minimum rates of pay, and other conditions of e111ployment, 

approved or prescribed by the President. 

SECTION 3. Reclassification of E1nployees.- o employer hall reclassify employees or duties of occupation perfonned or ngage in 

any subterfuge for the purpose of def ea tin o- th pro i ion of the 

Act or of this Code. 

SECTION 4. Standard for safety and health.-Every employer hall 

provide for the saf ty and health of his mplo ee at th plac an l 

during the hours of their employm nt. tandard f r af t and 

health hall be nbmittecl by the o le Anthoritv to th clmini trator within three (3) month after th e.IT ti lat f thi cl . 

E TION 5. tate Laios.- o provi i n in thi de hall . u1 re le any tate or Fed ral law which impo e m r trincr nt r uir -

ment on ernpl yer a t age of mpl , ,,ag h nr r , rk, 

or as to saf ty health, amtary r en ral w rking n liti n r 

jn. uranc , r fir pr t tion than ar im1 o 1 b~ thi 1 . 

E TI ... 6. Posting.- a h member f th irnlu tr· .1 all mply 

with th rul . an l r ·ulation f the 1 lmini tral r a · t. p ~ in · thi 

Co e r porti n th r of. 
39 

SECTION 7. Payment of W ages.-Each member of the industry 

shall agree to make payment of all wages due in lawful currency or 

by negotiable check therefor payable on demand. Wages shall be 

due and payable at the end of each regular pay period but which 

shall not exceed semi-monthly intervals. The provisions of this 

Section shall not apply to persqns employed in a managerial or executive capacity who earn not less than thirty-five dollars ($35.00) per 

week. 

ARTICLE VI-ORGANIZATION, POWERS, AND DUTIES OF THE CODE 

AUTHORITY 

SECTION 1. Organization and Constitution: A Code Authority is 

hereby constituted to cooperate with the Administrator in the 

administration of this Code. 

SECTION 2. The Code Authority shall con ist of three individuals, 

constituting the industry representatives, elected by a majority vote 

of the members of the industry, participating in the election and 

eligible to vote under Section 11 of this Article, which majority must 

include members of the industry producing seventy-five per cent 

(75% ) of the dollar saletS value of the products of the industry sold 

during the preceding year. Each member of the industry shall be 

entitled to one vote. No member of the industry shall be entitled to 

more than one representative on the Code Authority. 

SECTION 3. Election of Code Authority.-The Council is hereby 

designated as the agency to conduct an election of the members of 

the Code Authority within twenty (20) days after the effective 

date of this Code, and any other election of members of the Code 

Authority which may hereafter be held. 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 

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 term of such member shall be 

called and held within thirty (30) days after such vacancy occurs. 

Until the vacancy has been filled by election of the members of the 

industry, the Code Authority may appoint a member of the industry 

to fill the vacancy in the in~rim. Notice of such election shall be 

sent by registered mail to all members of the industry and the Ad- ministrator at least ten (10) days in advance of such election, and 

voting at such election may be by person1 by proxy, or by letter ballot. 

SECTION 4. In addition to membersh1 p, as above provided, there 

may be three (3) members, without vote, to be appointed by the 

Administrator for such terms as he may prescribe. 

SECTION 5. The representatives who may be appointed by the Administrator, together with the Administrator, shall be given notice 

of and may sit at all meetings of the Code Authority and any agency 

thereof. 

SECTION 6. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Author1ty shall: (1) impose no inequitable restrictions on membership, and 

(2) submit to the Administrator true copies of its articles of Association, By-laws, regulations, and any amendments when made 
40 

thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary 

to effectuate the purposes of the Act. 

SECTION 7. In order that the Code Authority shall at all times be 

truly representative of the industry and in other respects comply 

with the provisions of the Act, the Administrator may prescribe such 

hearings as he may deem proper; and thereafter if he shall find that 

the Code Authority is not truly repre entative or does not in other 

respects comply with the provis10ns of the Act, may require an appropriate modification of the Code Authority. SECTION 8. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

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

to any one for any act of any other member, officer, agent or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable dili~ence in the conduct of his duties hereunder, be liable to any other tor any action or omission to act under 

this Code, except for his own willful malfeasance or nonfeasance. 

SECTION 9. If the Administrator shall at any time determine that 

any action of a Code Authority or any agency thereof n1ay be unfair 

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

require that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consideration 

by such Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

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

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

SECTION 10. Powers and Duties of Code Authcrity.-Subject to 

such rules and regulations as may be issued by the Admini trator, 

the Code Authority shall have the following powers and duties, in 

addition to those authorized by other provis10ns of this ode. 

(a) To insure the execution of the pro vi ions of this Code and 

to provide for the compliance of the industry with the provisions 

of the Act. 

(b) To adopt by-laws and rule and r egulations for its procedur . ( c) To obtain from members of the industry such information 

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

addition to information required to be ubmitt d to the Code uthority, m mbcrs of the industry subject to this ode hall furni h 

such information as the Admini trat r may le m n ce. ar for 

the purpo e recited in ection 3 (a) of the t to uch F d rc l 

an l tate ao-encie as he may de ignat · pro id d that nothino- in 

this Code shall relieve any member of the indu try of any xi ting 

oblio-ations to furni h r I ort to any ov rnm nt ag n y. inlividual r port hall be li close l to any oth r m mber f th inlu tr. or any oth r part e:x pt t u h th r v 'rnm ntal 

as may b dir ct d b th dmini trat r. 

u u h rad a o iati n an 1 oth r no· n i a i . 1 m 

pror er for the carr. ing ut of f an of it a tiYiti 

for h r in pro id d that n thing h r in hall r li 

uthority of it lu i r r :·p n. ibiliti . un 1 r thi 

u h trad a iati n an 1 a n i hall at all tim 

and comply , ith th pr i i 11 h r f. 
41 

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

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

(f) To cooperate with the Administrator in regulating the use of 

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

are complying with this Code. 

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

deeined advisable, includjng further fair trade practice provisions 

to govern members of the indu try in their relations with each other 

or with other industries; measures for industrial planning, and 

stabilization of employment; and including modifications of this 

Code which "'hall become effective as part hereof upon approval by 

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

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

with the Trade Practice Committees appointed under such other 

codes as may be related to the industry for the purpose of formulating fair trade practices to govern the relationships between employers under this code and under such other codes to the end that 

such fair trade practices may be proposecl to the Administrator as 

amendments to this code and such other codes. · 

(i) To provide appropriate facilities for arbitration, and subject 

to the approval of the Administrator, to prescribe rules of procedure 

and rules to effect compliance with awards and determinations. 

SECTION 11. 1. It being found necessary in order to support the 

administration of this Code and to maintain the standards of fair 

competition established hereunder and to effectuate the policy of the 

Act, the Code Authority is authorized: 

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

proper for the foregoing purposes, .and to meBt such obligations out 

of funds which may be rai ed as hereinafter provided and which 

shall be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject to 

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

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

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

to support such budget shall be contributed by members of the 

industry; 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the industry, and to 

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

own name. 

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

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

and regulations pertaining thereto issued by the Administrator. 

Failure on the part of a member of the industry to make such contribution shall be a violation of this Code. Only members of the 

industry complying with the Code and contributing to the expenses 

of its administration as·hereinabove provided, unless duly exempted 

from making such contributions, shall 'be entitled to participate in 

the selection of members of the Code Authority or to receive the 

/ 
42 

benefits of any of its voluntary activities or to make use of any 

emblem or insignia of the National Recovery Administration. 

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

in excess of the amount thereof as estimated in its approved budget, 

except upon approval of the Administrator; and no subsequent 

budget shall contain any deficiency item for expenditures in exce s 

of prior budget estimates except those which the Administrator shall 

have so approved. 

ARTICLE VII 1-PUBLICITY OF PRICES, TERMS, AND CONDITIONS OF 

SALES 

SECTION 1. Within twenty (20) days after the effective date of 

this Code each member of the industry shall file with the Code 

Authority, or with such agency as the Code Authority may designate a complete schedule of prices, and maximum discounts applicable thereto, for all its products offered for sale. Such schedule 

of prices shall stipulate that such prices and discount shall be 

effective on the tenth (10) day after the date of filing with freight 

allowed to destination, shall include all terms and condition of 

sale to each of the n1embers' classes of trade, and shall be supplied 

in sufficient number for distribution to all interested parties. 

SECTION 2. Except as provided herein in Section 3 of this Article 

in the event of any revision by any member of the Industry of any 

prices, discounts, terms, or conditions of sale, such member shall file 

with the Code Authority, or with such agency as the Code Authority 

may designate, full and complete copies of every such revision in 

sufficient number for distribution to all inter ested parties and shall 

stipulate that such revision shall be effective on the tenth (10th) day 

after the filing of such revision. 

SECTION 3. Filing Revised Prices;. Ter11is, Etc.-In the event that 

any member of the industry shall hle a revision in any price , di -

counts, terms or conditions of sale, then any other member of the 

indu try may file a similar revision in any price , di count , term 

or conditions of sale for the same or equivalent product under the 

same or equivalent terms or conditions of sale ( to b come eff ctive 

on the same date as the first filed revision); provided, that n u h 

revi ed price , discounts, terms or condition of ale ar mor fa -vorable to the purchaser than the fir t filed revi ion · and furth r pr -

vided, that any such revi ed pri e di count , t rm or conditi n 

of ale hall have been filed not le than .five ( 5) da prior to the 

effective date of the fir t filed revi ion . 

ECTI 4. A vailability of Filed Price Etc.-All inf rmati n 

fil d in accordance with thi Arti 1 hall b op n f r in p cti n at 

all r ea nable times by any intere ted p r on. 

ECTION . .Ad he1·ence to Prices and T n ns.- T memb r f the 

inclu try ·hall lir ctly or indir ctl pa a rebat r all w a d du ti n 

11 r ifer t ell or otherwi li l of an f t.he pr llu t f thi · 

indu. ry .- cpt in a ordanc with it I ri , li unt t. rm an 

onclitions f . al fil l at u h time an<l in u ·h mann r a i · l -

Tib l h r in in thi rticl . 

1 l'C paragr npb - of onlc'r appr oving thi, 
43 

SECTION 6. Definitions for the classifications of buyers for this 

industry shall be determined by the Code Authority, subj,ect to the 

approval of the Administrator. 

ARTICLE VIII-TRADE PRACTICE RULES 

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

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

employee, agent, or representative, knowingly use, employ, or permit 

to be employed, any of such unfair practices shall be guilty of a violation of the Code. 

RuLE 1. Selling below cost.-N o member of the industry shall sell 

below his individual cost, except to meet the price competition of 

another member whose cost is lower. 

The Code Authority shall cause to be formulated an accounting 

~ystem 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 co ts in 

accordance with the principles of such methods. 

vVhen the Code Authority determines that an emergency exists 

in this industry and that the cause thereof is de~tructive price-cutting such as to render ineffective 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 products 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 offer to sell any products of 

the industry for which the lowest reasonable cost has been determined 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 have changed, the 

Code Authority, upon its own initiative or upon the request of any 

interested party, shall cause the determination to be reviewed. 

Pending the adoption and use of an approved cost accounting 

system or method as provided he.rein, each member of the industry 

shall determine his " individual cost " of a product of the industry 

in accordance with such cost accounting system or method customarily used by such member, provided that interest on indebtedness, 

interest on investment, depreciation on idle facilities, and selling 

administrative cost shall not be included in the mandatory cost 

below which no member of the industry may sell. 

RULE 2. Secret rebates.-N o member of the industry shall directly 

or indirectly offer or make any secret or discriminatory payment or 

allowance of a rebate, refund, commission, credit, unearned discount, 

or allowance, whether in the form of money or otherwise, nor shall 

any member extend to any customer any special, secret or discriminatory service or privilege not extended to all customers of the same 
44 

class £or the purpose of influencing a sale or with the intent or with 

the effect of injuring a competitor or violating any of the provisions 

of this Code. 

RULE 3. False Billing.-N o member of the industry shall postdate or pre-date any contract, invoice, quotation, or receipt, withhold 

from or insert in any contract, invoice, quotation or r eceipt any 

statement which makes such contract, invoice, quotation, or receipt 

inaccurate in any material particular or accept or offer to accept 

any such contract, with the effect of injuring the busine s of a competitor or violating the, provisions of this Code. 

R u LE 4. I naccurate advertising.- No mem.ber of the industry 

shall use or publish advertising ( whether printed, radio, di play, 

or of any other nature) or other representation which is inaccurate 

in any material particular or in any way misrepresent any commodity (including its use, trade mark, grade, quality, quantity, 

origin, size, substance, character, nature, finish, material content, 

or preparation), 1or credit terms, values, policies, services, or the 

nature or form of the business conducted. 

RuLE 5. Inaccurate labeling.- No member of the indu try shall 

brand or mark or pack any goods in any manner which is intended 

to or does deceive or mislead purchasers with respect to the brand, 

grade, quality, quantity, iorigin, size, substance, character, nature, 

finish, material content, or preparation of such goods. 

RuLE 6. I naccurate references to competitor, Etc.- No member 0£ 

the industry shall use advertising or other representation which 

r efers inaccurately in any material particular to any competitors or 

their commodities, prices, values, credit terms, policies, or services. 

RULE 7. Threats of law suits.- No member of the indu try shall 

publish or circularize unjustified or unwarranted threats of legal 

proceedings which tend to or have the effect of harassing comp titors or intimidating their customers. 

RULE 8. Bribing Employees.-N o member of the industry shall 

give, permit to be given, or directly 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 bu ine s 

of the employer of such employee, the principal of uch ag nt, or 

the represented party, without the knowledo- of su h emplo r, 

prin ipal or party. This provi ion shall not be con tru d to prohibit free and g neral distribution of arti le comm nly u d for 

adv rtising except so far a u h articl s are actuall u l f r 

ommercial bribery as hereinabov d fined. 

RULE 9. Guarantees.-N o memb r of the indu tr 

for a period Ion er than one (1) y ar fro111 late 

furni h or replac , free of harg a produ t f thi in lu ~tr3 r an 

part th r of fonnd to be d f ctiv in ma rial or workman hi1 . R E 10. T nn. of paym,ent.- o m mbcr f th in lu fr hall 

ace pt or offer to a pt any ontract or r l r pr Yi lino- m r favorabl t rm f I a3 m nt than t pr vi l : (1) n a h hirt, ' 

day from late fin i , or (2) thr I r n ( / ) li. unt n n t 

amoun f i11voi (frci0 ht haro- no in ·lu l l) f r a, h la ' 111 n 

within t n (10) <lay fr m <lat of in oi · I roYi 1 l h w Y r tba 
45 

members of the industry may provide :for three percent (3%) discount from the net amount of the invoice (freight charges not included) for cash payment on current month's bills paid before the 

tenth of the month following by continuous purchasers, or (3) that 

eighty-five percent (85 % ) of the value of any material, labor or serv- ice furnished, delivered or installed during the preceding calendar 

month shall be due and payable en the fifteenth day of each month 

following such furnishing, delivering or installing and that the balance shall be due and payable within thirty (30) days after the completion of the contract or order. 

RULE 11. Revised Q1,r,otations.- N o member of the industry shall 

recall _ or revise or offer to recall or revise any quotation ( whether 

oral or written, submitted in competition to a buyer) for the purpose 

or with the intent of submitting a more favorable price discount, 

term or condition of sale, unless there has been a bona fide revision 

in the plans, specifications or other estimating or purchasing data 

forming the basis of the original quotation. On written request 

of any interested member of the industry, any other member of the 

industry shall be required to file with the Code Authority or such 

other agency as the Code Authority may designate full and complete 

copies of each revised quotation submitted as the result of a bona 

fide revision in the plans, specifications or other estimating or purchasing data of the buyer. All revised quotations filed pursuant to 

this section shall be kept confidential by the Code Authority or its 

agency, except as may be necessary for the administration or enforcement of the provisions of this Code. 

ARTICLE IX-REGISTRATION OF MEMBERS OF THE INDUSTRY 

Every member of the industry shall comply with the rules and 

regulations of the Adn1inistrator as to registration with the Code 

Authority, or such other agency as the Administrator may direct 

and including, but without limitation, the number of shops, establishments or separate units thereof and their location, as well as each 

additional shop, establishment or separate unit opened after registration. 

ARTICLE X-MODIFICATION 

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

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National Industrjal 

Recovery Act, from time to time to cancel or modify any order, a pproval, license, rule or regulation, issued under Title I of said Act 

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. 

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 Administrator and 

such notice and hearing as he shallspecify, and to become effective on 

approval of the Administrator. 
46 

ARTICLE XI-MONOPOLIES 

No provision o:f this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprise . 

ARTI LE XII-Pm E INCRE ES 

Wherea the policy of the Act to increase real pur hasing power 

will be made n1ore difficult of con ummation i:f price of goods and 

services increase as rapidly a wag 0 , it is recoo-nized that price increases except u h as may be required to meet individual ost should 

be delayed. But when made, such increa es hould, so far as pos ible, 

be limited to actual additional increa es in the seller's o t. 

ARTICLE XIII-EFFECTIVE DATE 

This code shall become effective on the second Monday after its 

approval by the Presid nt. 

Approved Code No. 479. 

Registry No. 1328-12. 

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UNIVERSITY OF FLORIDA 

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