Approved Code No. 3o6 Registry No. 1030-12 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL MONUMENT 

INDUSTRY 

' ... 

AS APPROVED ON MARCH 26, 1934 

WE DO OUR PART 

UNITED STATES 

GOV•ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

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

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

Foreign and Domestic Commerce. 

DISTRICT OFFJCES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas. Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office. Building. 
Approved Code No. 366 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL MONUMENT INDUSTRY 

As Approved on March 26, 1934 

ORDER 

APPROVING ConE OF FAIR CoMPETITION FOR THE RETAIL MoNUMENT 

INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Recovery 

Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Retail Monument Industry, and hearin~s having 

been duly held thereon and the annexed report on said Gode, containing findings with respect thereto, having been made and directed 

to the President : 

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, inc.luding 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 re pects with the 

pertinent provisions and will promote the policy and purpo es o£ 

said Title o£ 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 Regional Committee and the effective date of revised price lists or revised terms and conditions of 

sale be and they are hereby stayed pending my further Order either 

within a period of sixty days from the effective date of this Code 

or after the completion of a study of open price associations now 

being conducted by the National Recovery Administration. 

HUGH s. JOHNSON' 

Adlministrator for Industrial Recove1"Y· 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

'VASHINGTON, D.C., 

March f£6, 1934. 

40066°----425- lGD----34 (511) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White Howse. 

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

Retail Monument Industry and on the Public Hearing conducted 

thereon in Washington, D.C. on January 3, 1934, in accordance with 

the provisions o:f the National Industrial Recovery Act. 

INDUSTRY BACKGROUND 

The Retail J\tionument Industry, as the name implies, represents 

the Retail selling, manufacturing and erecting o:f monuments, including rna usoleums and other related types o:f memorial. The sale 

o:f monuments erected in a cemetery constitutes about eighty ( 80%) 

per cent o:f the dollar sales volume o:f the Industry in normal periods, 

the remaining twenty (20%) per cent being public and private memorials and related objects erected outside a cemetery. The principal materials incorporated in memorial work and sold, and erected 

by the Industry include, in the approximate order o:f volume importance, Granite, Marble, Bronze and Slate. Due to the personalized 

nature o:f the Industry it is necessary, and has always been the custom, :for members o:f the Industry to do a portion o:f the :fabricating, 

cutting lettering andjor manufacturing o:f monuments sold by them. 

The members o:f the Industry also render a personal service in the 

cleaning, tuckpointing, repairing, and lettering o:f monuments erected 

in the cemetery and elsewhere. 

Competitively, the Industry is highly intra-competitive, although 

there is a tendency :for Cemetery operators and wholesale monument 

manufacturers to enter the retail monument industry in competition 

with the established members o:f the Industry. 

The present deplorable condition o:f the Industry is due primarily 

to the :failure o:f the consuming market, which condition has, in turn, 

resulted in distressing trade practices by the highly competitive 

members o:f the I~dustry. The current volume o:f business done by 

the Retail Monument Industry is about twenty-five (25%) per eent 

o:f 1928, at which time, it is reported the value o:f retail monument 

sales was approximately $63,000,000.00. 

A :further indication o:f the. unfortunate position in which the 

Retail Monument Industry is presently situated, lies in the :fact that 

the sale o:f monuments generally lags considerably behind an improV'ement in general business conditions. 

HOURS AND WAGES 

The Code establishes a 40-hour week excepting watchmen who are 

permitted to work 56 hours per week; firemen, engineers and truck-

(512) 
513 

men who are permitted to work 48 hours; and clerical and office 

employees who are permitted to work 44 hours, provided store hours 

are 63 hours or more per week. 

Minimum rates of wages established are 40 cents per hour in the 

North and 30 cents per hour in the South. 

Accounting, clerical and office employees are to be paid not less 

than $15.00 per week in any city over 500,000 population; $14.50 

per week in any city between 250,000 and 500,000 population, and 

$14.00 per week in any other place. 

Provision is also made for an equitable adjustment of wages above 

the minimum so as to maintain wage differentials as they existed 

on June 16, 1933. 

Standards of minimm11 rates of wages, maximum hours of labor, 

and other conditions of employment may be established for specific 

regions as a result of bona fide collective bargaining between employers and employees, subject to the approval of the Administrator. 

Child labor is prohibited and no person under 18 years of age may 

be employed at occupations or operations which are hazardous in 

nature or dangerous to health. 

Standards of safety and health are to be submitted by the Code 

Authority, steps shall be taken by employers to reduce the dust 

in the air breathed by employees, and workmens' compensation insurance for accidental injury shall conform with State requirements. 

ECONOMIC EFFECT OF CODE 

Available statistics are not very clear as to the number of workers 

employed in the Retail Monument Industry. It is estimated, how· 

ever, that in 1928 the total number of workers engaged in the Retail 

Monument Industry was 36,000. By the fall of 1933 the number 

had been reduced to about 15,000, working, principally on a part 

time basis, a total of 405,000 man hours. 

In view of these conditions, and those recited above, there is little 

likelihood of any material increase in employment until conditions 

improve generally. The wage and hour provisions of the Code 

materially improve labor conditions especially in the South where the 

minimum wage rates, now established, represent an increase over 

"depression" rates of nearly 50%. 

It is expected that the adoption of the fair trade rules established 

in the Code will stabilize the Industry and materially assist in 

returning it to its former healthy basis of operation. 

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

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

proceedings in this matter: 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including remo~al of obstructions to the free flow of interstate and foreign 

commerce which tend to dimini h the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groupsr 

by inducing and maintaining united action of labor and manage-
514 

ment under adequate governmental sanctions and superv1 wn, by 

eliminating unfair competitive practices, by promoting the fullest 

po ible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production (except as may be 

temporarily required), by increasing the consumption of industrial 

and agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said 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 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 group 

is an Industrial Group, truly representative of the aforesaid In-

_dustry, and that said group impo e no inequitable restrictions on 

admission to membership therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

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

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

Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

MAROH 26, 1934. 

HuoH S. JoHNSoN, 

Administrator. 
CODE OF FAIR COl\IPETITION FOR THE RETAIL 

MONUMENT INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition 

for the Retail Monument Industry, and its provisions are the standards of fair competition for such Industry and shall be binding upon 

every member thereof. 

ARTICLE II-DEFIKITIONS 

SE TION 1. The terms "Retail Monument Indu try" andj or "Industry", as used herein, includes the retail selling, designing, lettering, cleaning, erecting and repairing of monuments and_ such 

manufacturing, building and setting as is incidental thereto (except 

such building and setting as is customarily done by cemeterie , and 

employees so engaged are subject to the provisions of the Cemetery 

Code or other code having jurisdiction) and such related branches 

or subdivisions as may from time to time be included under the 

provisions of this Code by the Administrator, after such notice 

and hearing as he may prescribe. 

SECTION 2. The term "monument" as u ed herein includes monuments, memorials, markers, headstones, mausoleums, tomb , tombstones, coping, lot enclosures, surface burial vaults, urns, and all 

other similar types of memorials. 

SECTION 3. The term "member of the industry" as used herein 

includes 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 4. The term "employee" as used herein includes any and 

all persons engaged in the Industry, however c.ompensated, except a 

member of the Indus try. 

SECTION 5. The terms "Act" and "Administrator" as used herein 

mean respectively Title I of the National Industrial Recovery Act, 

and the Administrator for Industrial Recovery. 

SEcTioN 6. The term "N ationar Association" as used herein means 

the Memorial Craftsmen of America. 

ARTicLE III-Roms 

SECTION 1. Maa;imwm Hou1·s.-No employees shall be permitted 

to work in excess of forty ( 40) hours in any one week or eight (8) 

hours in any twenty-four (24) hour period beginning at midnight, 

except as herein otherwise provided. 

(a) In case of necessity arising from inclement weather, or the 

c.haracter of the work, or from inability to obtain competent labor, or 

(515) 
516 

in case of seasonal requirements, an employee may be permitted to 

work in excess of forty ( 40) hours in any one week or eight hours in 

any twenty-four hour period, provided, however, that the hour of 

labor in such case shall not exceed an average of forty ( 40) hours per 

week for each six ( 6) months period of the year or a m-aximum of 

forty-eight ( 48) hours per week, and provided further that overtime 

rates shall be paid for all hours worked in excess of eight (8) hours 

per day or forty ( 40) hours per week at the rate of one and one-half 

(V/2 ) times the normal rate. 

SECTION 2. Hours for Clerical and Office E1nployees.-On and 

after the effective date of this Code members of the Industry shall 

elect to operate upon one of the following schedules of store hours 

and hours of clerical and office labor. 

Group A.-Any establishment may elect to remain open for business fifty-six (56) hours or more per week but less than sixty-three 

( 63) hours per week; no clerical or office en1ployee of such establishment shall work more than forty ( 40) hours per week, nor more than 

eight (8) hours per day, nor more than six (6) days per week. 

Group B.-Any establishment may elect to remain open for business sixty-three ( 63) hours or more per week ; no clerical or office 

employee of such establishment shall work more than forty-four (44) 

hours per week; nor more than nine ( 9) hours per day, nor more 

than six ( 6) days per week. 

SECTION 3. Watchmen.-Employees engaged as wat-chmen may be 

permitted to work not in excess of fifty-six (56) hours in any one 

week, or more than six ( 6) days in any seven (7) day period. 

SECTION 4. Engineers, Firemen and Truckmen.-Employees engaged as engineers or firemen in manufacturing operations or truckmen may be permitted to work not in excess of forty-eight ( 48) 

hours in any one week, or more than six (6) days in any seven (7) 

day period. 

(a) The maximum hours as fixed in this article shall not apply 

to any employee engaged in emergency maintenance or emergency 

repair work involving breakdown or protection of life or property, 

but in such special case, at least one and one-half (11j2 ) times the 

normal r.ate shall be paid for hours worked in excess of the maximum 

provided herein. 

SEcTION 5. Standard W eek.-Except as other·wise herein provided, 

no clerical, office, lumper, or setter employee shall be permitted to 

work more than six (6) days in any seven (7) day period, and no 

other employee shall be permitted to work more than five ( 5) days 

in any seven (7) day period. 

SECTION 6. Exception to H ours.-The provisions of this Article 

shall not apply to persons employed in a professional, administrative, 

or supervisory or executive capacity who earn not less than thirtyfive ($35) dollars per week, or to outside salesmen. 

SECTION 7. E1np.Zoy1nent by Several Emp.Zoyers.-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 or any other Industry, exceeds the maximum 

permitted :herein. 
517 

AnTICLE IV-Y{ AGES 

SEcTioN 1. llfini1nu1n Tr ages.-N o employee shall be paid 111 any 

pay period less than at the rate of forty ( 40) c nt per hour except 

in the States of Georgia, Alabama, North Carolina, Tenne ee, Arkansas, South Carolina, Florida, JHis i ippi and Louisiana \\here 

no such employee hall be paid at less than the hourly rata of thirty 

( 30) cents, except a otherwise herein provided. 

SECTION 2. Piecewo,rl;:, Oompens(J)tion.-Thi article e tabli he a 

minimum rate of pay which shall apply, irrespective of \Yhether an 

employee is actually compen ated on a tim rate, piece,lork, or other 

basis. SECTION 3. Adjustment of lVages.-Employers shall not reduce 

the rates of wages for employees whose rate are now in exce s of 

the minimum rate of wages (notwithstanding that the number of 

hours worked in such employment may be hereby decrea ·eel) and 

where in any case an employer has not increased the rates of wages 

for such employees prior to the effective date of this Code by an 

equitable readjustment of all such wage rates such employer shall 

readjust all such wage rates, so as to maintain equitable wage differentials as existing on June 16, 1933. This provision shall be interpreted in the arne manner that paragraph 7 of the President's Reemployment Agreement has been interpreted by the Administrator in 

I nterpretations Nos. 1 and 20. 

SECTION 4. Female E1nployees.-Female employees performing 

sub tantially the same work as male employees shall receive the same 

rate of pay as male employees. 

SEcTION 5. Handicapped Persons.- A percon whose earning capacity is limited because of age or physical handicap may be employed 

on light work at a wage below the minimum established by this Code 

if the employer obtains from the State authority designated by the 

United States Department of Labor, a certificate authorizing his 

employment at such wage and for such hours as shall be stated in 

the certificate. Provided, however, that the total nun1.ber of such 

employees shall not exceed five (5) percent of the total number of 

employees of a member of the industry, except that each member of 

the industry shall be allowed to employ at least one (1) uch employee. E ach employer shall file with the Code Authority a li t of 

all such persons employed by him. 

SEcTION 6. Manner of Payment.- All employees shall be paid in 

lawful currency or negotiable checks at least semi-monthly. 

No offer of a partnership or participation in business mana gem ant 

shall be made with the intent to avoid the payment of wages. 

SECTION 7. Withholdilng W ages.- All wages shall be exempt from 

any charge and/or deduction by the employer, except those charges 

and/or deductions voluntarily accepted or agreed to by the wage 

earner, or permitted and/or required by law. 

SECTION 8. Accounting, clerical and office employees.-Accounting, 

clerical and office employees shall be paid not less than $15.00 per 

week in any city of over 500,000.population, or in the i1runediate trade 

area of such city; $14.50 per week in any city of between 250,000 and 

500,000 population, or in the immediate trade area .of such city; and 

$14.00 per week in any other place. 

49066°----425-159----34----2 
518 

SECTION 9. Outside salesmen.-All salesmen, agents, and/or sales 

representatives of any member of the Industry shall be paid not less 

than Ten Dollars ($10.00) per week. 

SECTION 10. Ewceptions.-Nothing herein contained shall be construed to apply to employees whose hours of employment and/or rate 

of wages are established for specific projects by competent governmental authority (Federal, State, or political sub-divisions thereof) 

acting in accordance with law or to employees whose hours of employment and/ or rates of wages are established by wage agreements 

now in force , providing the rates of wages covered by such agreements are in excess of the minimum herein provided, and that the 

maximum hours in such agreements are not more than the maximum 

herein established. 

SECTION 11. Standards as to minimum rates of wages, maximum 

hours of labor and such other conditions of employment as may be 

necessary to effectuate the policies of Title I of the Act may be 

established in the industry for a specifically defined region as a 

result of bona fide collective bargaining between truly representative 

groups of employers and employees within various divisions or 

localities of this industry. Such agreements shall be presented to 

the Administrator for approval. Following a Public Hearing approval may be given. Upon approval, this agreement shall, in 

respect to the performance within the defined area, be binding on all 

members of the industry operating within the specifically defined 

region of the industry with the same force and effect as the provisions 

of this Code. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labor.-No 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 Administrator for approval within 

sixty (60) days after the effective date of this Code, a list of such 

operations or occupations. In any State an employer shall be 

deemed to have 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 showing that the employee is of the required age. 

SECTION 2. Labor Provisions of 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 representat~ves of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

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

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

of collective bargaining or other mutual aid or protection. 

(b) That no employee and no on.e seeking employment shall be 

required a~ a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a· labor organization of his own choosing. 
519 

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

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

approved or prescribed by the President. 

SECTION 3. R eclassification of Employees.-No employer shall reclassify employees or duties of occupations performed or engage in 

any other subterfuge for the purpose of defeating the purposes or 

provisions of the Act or of this Code. 

SECTION 4. Oontracting.-Any and/or all systems of contracts between employer and employee for the manufacture of any product 

or part thereof regarding work to be done at a specific price andjor 

by which employees engage other employees to work for them for 

the purpose of avoiding the labor provisions of this Code, are prohibited by this Code. 

SECTION 5. Safety and H ealth.-Every employer shall provide a 

safe and healthy working environment for his employees by com- plying with all State regulations referring to occupational safety 

and health insofar as the same may apply to the work of his 

establishment. 

Every employer shall take steps to reduce the dust in the air 

breathed by his employees to such amount as may be approved from 

time to time by the United States Public Health Service, within 

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

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator for approval within six ( 6) months 

after the effective date of this Code. 

Every employer shall protect each of his employees against accident arising out of and in the course of his employment in such 

amounts and under such terms of notice and claim as are provided 

under the workmen's compens'ation act of the state in which he is 

employed. 

SECTION 6. State L aws.-N o provision in this Code shall supersede 

any State or Federal Law which imposed on employers more stringent requirements as to age of employees, wages, hours of work, or 

as to safety, health, sanitary, or general working conditions, or insurance, or fire protection, than are imposed by this Code. 

SEcTION 7. Posting.-All employers shall post copies of this Code 

subject to such rules and regulations as the Administrator may prescribe. 

ARTICLE VI-ORGANIZATION, REGIONAL DIVISIONS, PowERs AND 

DuTIEs oF THE ConE AUTHORITY AND REGIONAL CoMMITTEES 

SECTION 1. Organization and Oonstitution.-There shall forthwith be constituted a Code Authority consisting of one representative from each regional division hereinafter provided, or subsequently formed, if said regional division shall elect a member for 

the Code Authority. Within ten (10) days after the effective date 

of this Code, the Secretary of the National Association shall name 

a time and place in each regional division for a meeting of the members of the industry whose principal place of business is located in 

the particular division. Notice of said meeting and the purpose 

thereof shall be sent by said Secretary to all known members of the 

industry whose names may be secured in the exercise of reasonable 
520 

diligence, not later than ten (10) days prior to the date of said meeting. At said meeting in each regional division, the members of the 

indu try of the particular regional division shall elect from among 

their number by a majority yote one representative from that division who shall be a member of the Code Authority. They shall also 

elect from among their number by a majority vote an alternate for 

said representative on the Code Authority. The duly elected member and alternate of the Code Authority shall, by virtue of such election also become members of the regional committee. At said meeting there shall also be elected by a n1ajority vote from among their 

number a regional committee of not less than seven nor more than 

fifteen (including the duly elected member of the Code Authority 

and Alternate) members of the industry and whose principal places 

of business are located in the particular regional division. Except 

that any region may elect one 1nember of the regional committee who 

is not a member of the Industry. The duties of each regional committee shall be to supervise the administration of this code in their 

respective divisions, subject to the approval of the Code Authority, 

and to carry out such other duties as this Code or the Code Authority 

may from time to time prescribe. The Executive Secretary of the 

National Association shall act as Secretary of the Code Authority 

without the right to vote. 

SECTION 2. Administration R epresentative on the Code Author- ity.-The Administrator in his discretion may appoint not more than 

three additional members on the Code Authority without vote, and 

without compensation from the Industry, to serve for such period 

of time and to represent the Administrator or such group or groups 

as the Administrator may designate. 

SECTION 3. R egional Division.-For the purposes of facilitating 

the administration and enforcement of this Code and providing for 

a representative organization, the Retail Monument Industry is 

hereby divided into sixteen (16) Regional Divisions as follows : 

Division 1. Maine, New Hampshire and Vermont. 

2. Massachusetts, Rhode Island and Connecticut. 

3. NewYork. 

4. New Jersey. 

5. Pennsylvania. 

6. Delaware, l\1aryland, District of Columbia, Virginia and West Virginia. 

7. North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee and Mississippi. 

8. Ohio, Kentucky and Lower Michigan. 

9. Illinois and Indiana. 

LO. Louisiana, Arkansas, Oklahoma and Texas. 

Ll. \iVi consin and Upper Peninsula of Michigan. 

l2. Missouri, I(ans'as, Iowa and Nebraska. 

13. Minnesota, North Dakota, and South Dakota. 

14. Wyoming, Utah, Colorado, New Mexico and 

Arizona. 

15. Montana, Idaho, Washington and Oregon. 

16. California and Nevada. . 

A minimum of 100 members of the industry, doing business in a 

geographically compact area, may petition the Code Authority to 
521 

create an additional Regional Division, and the Code Authority, 

ubject to approval of the Administrator may create uch additional 

Regional Division, which shall have the same rights, privileges, obligations, and duties as herein provided for the original Divi ion..., . SEcTr N 4. R ecall of 111 mbers of the Code Authority.-~1 mbers 

of the Code Authority hall hold office for one year or until such time 

as their succes ors are elected, provided that any member of the Code 

Authorit} may oo recalled upon a two-thirds vote of the regional 

committee of his division, or by petition of re-call s · ed by a 

majority of the member of the industry in such division who have 

assented to this Code, which petition shall be filed with the Code 

Authority. In the event of uch re-call, the regional committee of 

cuch division shall provide for the election of a new representative 

from said division on the Code Authority and until such election 

the duly elected alt.ernate from the particular clivi ion shall serve 

as that division's Code Authority member. 

SECTION 5. Failure to Elect R epresentative.-!£ any clivi ion as 

hereinbefore provided shall fail to elect a representative for the 

Code Authority such representatives as are elected and approved 

by the Administrator, from the various division shall constitute the 

Code Authority for the Indu try and shall administer the Code for 

the division so failing to elect a representati' e. 

SECTION 6. 0 ode Authority to be Truly R epresentative.-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 pre cribe such hearings as he 

may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative or doe not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

SECTION 7. 111 em.bers Entitled to Partioipate.-Every 1nember of 

the Industry shall be entitled to participate in and share the benefits of the activities of the Regional Committees and/or the Code 

Authority and to participate in the selection of the members thereof, 

as herein provided and shall sust-ain their reasonable share of the 

expenses of its administration. Such reasonable share of the expenses of administration shall be determined by the Code Authority, 

subject to approval by the Administrator, on the basis of volume 

of business and/or such other factors as may be deemed equitable. SECTION 8. Liability of Members of 0 ode A uthor-ity.-N othing 

contained in this code shall constitute the members of the Code 

Authority and/or Regional Committees partners for any purpose. 

Nor shall any mmnbers of the Code Authority or Regional Committee be liable in any manner to anyone for any act of any other member, officer, agent, or employee of the Code Authority or Regional 

Committees. Nor shall any member of the Code Authority or Regional Committee, exercising reasonable diligence in the conduct of 

his duties hereunder, be liable to anyone for any action or omission 

to act under this Code, except for his own willful misfeasance or 

non-feasance. 

SECTION 9. Powers and Duties.-The Code Authority shall have 

the following further powers and duties: 
522 

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

provide for the compliance of the Industry with the provisions 

of the Act. 

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

and for the administration of the Code. 

(c) To obtain from members of the Industry such information 

and reports as are required for the administration of the Code and 

to provide for submission by members of such information and reports as tlle Administrator may deem necessary for the purposes 

recited in 'Section 3 (a) of the Act, which information and reports 

shall be submitted by members to such administrative and/or Governmental agencies as the Administrator may designate; provided 

that nothing in this Code shall relieve any member of the Industry 

of any existing obligations to furnish reports to any Government 

agency. No individual reports shall be disclosed to any other member. of the Industry or any other party except to such governmental 

agencies as may be directed by the Adm.inistrator. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that 

such Trade associations and agencies shall at all times be subject to 

and comply with the provisions hereof. 

Any Association participating directly or indirectly in the selection or activities of the Code Authority shall impose no inequitable 

restrictions on membership, and shall submit to the Administrator 

true copies of its Articles of Association and By-laws, regulations, 

and any amendments when made thereto1 together with such other 

information as to membership, organizatiOns, and activities, as the 

Administrator may deem necessa-ry to effectuate the purposes of 

the Act. 

(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 the Industry. 

(f) To secure from all members of the Industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Code Authority and the regional Code Committees. 

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

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

have assented to, and are complying with, this Code. 

(h) To recommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. . 

(i) The Code Authority shall cause to be formulated an accounting system and methods of cost finding and/ or estimating capable 

of use by all members of the Industry. After such system and 

methods .have been formulated and approved by the Administrator, 

full details shall be made available to all members of the Industry. 

Thereafter .all members shall determine and/ or es.timate costs in 

accordance with the principles of such methods. 

(j) To consider reports from members of the Industry concerning 

any act or practice of any person, partnership, trust, association, or 
523 

corporation which such members of the Indu try consider violates 

any provi ions of the Code or is detri1nental or injuriou to the be t 

interests and general w lfare of the retail monument indu try or the 

purposes of the Act. 

SECTION 10. Action of Oode Attthority Subject to R evi w by Ad1ninistrator.-If the Admini trator shall determine that any action 

of a code authority or any agency thereof may be unfair or unju t 

or contrary to tha public interest, the Aclmini trator may require that 

such action be suspended to afford an opportunity for inve tigation 

of the merits of such action and further consideration by uch code 

authority or agency pending final action which hall not be effective 

unless the Administrator approves or unles 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 11. Amend1nents and M odifications.-The Code Authority may :from time to time recommend to the Administrator amendments and mocljfication to this Code which shall become effective as 

a part of this Code upon approval by the Administrator after such 

notice and hearing as he may prescribe. 

ARTICLE VII-PRICE LI Ts 

Filing Price Lists with Regional OmJVJnittee.-All members of the 

Industry within a Regional Division shall within thirty (30) days 

after the effective elate of the Code, file price lists with the regional 

committee, setting forth prices and terms, or the basis thereof, at 

which they will sell the products of the industry. Each member's 

filed price list shall remain in effect for a period not to exc-eed ten 

(10) days following the filing of a new price list, and upon the 

filing of such new list by any member of the industry, the R egional 

Committee shall immediately furni h copies of such new li t to all 

members of the industry within the Division and such lists shall 

be available to any interested party. No member shall sell below 

the prices contained in his pric·e list unless to meet the price of 

another member. 1 

. ARTICLE VIII-TRADE PRACTICE RULES 

RULE 1. Inaccurate Advertising.-No member of the Industry 

shall publish advertising (whether printed, radio, display, or of 

any other nature) , which is misleading or inaccurate in any material 

particular, nor shall any member in any way misrepresent any goods 

(including but without limitation its use, trade mark, grade, quality, 

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

content, or preparation) or credit terms values, policies, services, 

or the nature or form of the business conducted. 

RULE 2. False Billing.-No member of the Industry shall knowingly withhold from or insert in any quotation or invoice any statement, the withholding or insertion of which makes it inaccurate in 

any material particular. 

RULE 3. Inaccurate Labeling.-No members of the Industry shall 

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

1 See paragraph 2 of order approving this Code. 
524 

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

kind, grade, quality, quantity, origin, size, substance, character, nature, finish, material content, or preparation of such goods. 

RuLE 4. Inaccurate Reference to Competitors, Etc.-No member of 

the Industry shall publish advertising which refers inaccurately in 

any material particular to any competitor or his goods, prices, value, 

credit terms, policies, or services, with an intent to deceive or mislead 

the public or to injure a competitor. 

RULE 5. Selling Below Cost.-Except as hereinafter provided, and 

except to meet the competition of another member of the Industry, 

no member of the Industry shall make any sale below his own cost. 

Notwithstanding the provisions of this Rule, any member of the 

Industry may sell at less than his own cost, only in the following 

bona fide transa,ctions: (1) Monuments sold as bona fide clearance, 

if advertised, marked and sold as such; (2) imperfect or actually 

damaged monuments, or bona fide discontinued lines or styles of 

n1onuments, if advertised, marked and sold as such; ( 3) Monuments 

sold upon the complete and final liquidation of any business; ( 4) 

Monuments sold in quantity on contract to departments of the 

government, not for resale. 

RuLE 6. Threats of Law Swits.-No member of the Industry shall 

publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers. 

RULE 7. Secret R ebates.-No members of the Industry shall secretly directly offer or make any payment or allowance of a rebate 

refund, commission, credit, unearned discount, or excess allowance, 

wh-ether in the form of money or otherwise. 

RuLE 8. C 01nmercial Bribery.-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 business of the employer of such employee, the principal of such agent or 

the rep1esented party, without the knowledge of such employer, principal or party. Commercial bribery proviswns shall not be construed 

to prohibit free and general distribution of articles commonly used 

for advertising except so far as such articles are a-ctually used for 

commercial bribery as hereinabove defined. 

RULE 9. Interference with Another's Contracts.-No men1ber of 

the Industry shall attempt to induce the breach of an existing contract between a competitor and his customer or source of supply; nor 

shall any such member interfere with or obstruct the performance of 

such contractual duties or services. · 

RuLE 10. Coeroion.-No member of the Industry shall require that 

the purchase or lease of any goo~s be a prerequisite to the purchase 

or lease of any other goods. , 

RuLE 11. Blacklisting.-N o member of the Industry shall join or 

participate with other members of the Industry who with such member constitute a substantial number of members of the Industry or 

who together control a substantial percent of the business in any 

specific proc1nct or products of the trade, in any transaction known 

in law as a blacklist, including any practice or device (such as a 

whitelist, which accomplishes the purposes of a blacklist.) 
525 

RULE 12. Fou;ndations.-No member of the Industry shall knowingly place a fotmdation under a monument· which does not comply 

with the regulations which may be adopted by the Regional Committee of his particular Division, subject to the approval of the 

Administrator. 

RULE 13. lllisleading o1· Deceiving Oustomers.-No member of the 

Industry shall knowingly mislead or deceive any customer. 

RULE 14. Advertising of Prices.-No member of the Industry shall 

advertise or quote prices without definite specifications as to complete 

sizes, material, finish for the monument, and a statement as to 

whether or not the price advertised is for the monument set complete in the cemetery. 

RULE 15. Bidding on Oompetito1·s Designs or Plans.-No member 

of the Industry shall bid or quote on original designs, plans or specifications submitted to a prospective customer by another member of 

the Industry, without the consent of the member of the Industry, 

person or concern originating such design, plan, or specifications. 

RULE 16. Selling Below Filed Price and Fee Splitting.-No member of the Industry shall sell or offer to sell any products of the 

Industry at a price less than or upon discounts and terms more 

favorable to the purchaser than those set forth in the price list filed 

with his regional committee (unless to meet the price of another 

member) ; nor shall any 1nember of the Industry secretly or openly 

agree to divide with a purchaser, intending purchaser or any wholesale manufacturer, quarrier or wholesaler any sale commission, discount or profit granted or made, by a member of the Industry in 

such sale. 

RULE 17. False Records.-No member of the Industry shall willfully maintain an inaccurate or false method of determining cost, 

but shall conform to the method determined by the Code Authority 

and approved by the Administrator. 

RULE 18. Fictitious and Deceptive Bidding.-N o member of the 

Industry shall make a fictitious bid for the purpose of deceiving 

competitors or purchasers. 

RuLE 19. F ee Splitting.-N o member of the Industry shall secretly 

employ, pay, or hire any cemetery superintendent, sexton, undertaker, or their employees or anyone having a trust or fiduciary 

relationship or interest in the prospective purchase, to make or 

)nfluence sales of monuments. 

RULE 20. Forn1 of Oontracts.-All contracts shall bear accurate 

and complete information as to the details of each transaction, 

including the terms of sale and method of payment, and they shall 

provide that reasonable interest and carrying charges will be added 

to unpaid balances after thirty (30) days from the date on which 

the contract has been fulfilled. 

RULE 21. Trade Marks and Trade N a1nes.-Except where the 

copyright or Trade Mark laws otherwise require, no member of the 

Industry shall sell or set any monument upon which, when set in the 

cemetery, shall appear any trade name or trademark; except that a 

trademark or a trade name having an area not in excess of two square 

inches, may be placed not more than 2" above the bottom bed of the 

bottom base and except upon the written request of the purchaser. 
526 

RuLE 22. Time to Solicit Oustomers.-N o member of the Industry 

shall knowingly, in any way or manner, solicit or contact a prospective customer, who has had a death in the family, until two weeks 

(14 days) time has elapsed after such death, unless approached by 

or expressly invited to contact such customer prior to the expiration 

of the said two weeks (14 days) period. 

RULE 23. Advertising Policy of Underselling 001npetitors.-No 

member of the Industry shall use advertisinO' which inaccurately 

lays claim to a policy or continuing practice o¥ generally underselling competitors. 

RULE 24. Prison Products.-No member of the Industry shall 

knowingly buy or contract to buy any monuments or parts of monuments produced in whole or in part in a penal, reformatory, or 

correctional institution located in a State nor signatory and not 

subject to the provisions of the Compact of Fair Competition for 

Prison Industries of the United States of America. After May 31, 

1934, no member of the Industry shall knowingly sell or offer for 

sale such monuments. 

RULE 25. Other Unfair Trade Praotioes.-Nothing in this Code 

shall limit the effect of any adjudication by the Courts or holding 

by the Federal Trade Commission on complaint, finding, and order 

that any practice or method is unfair, providing that such adjudication or holding is not inconsistent with any provision of the 

Act or of this Code. 

RULE 26. Business Adkl?'ess.-To effectuate the purposes of the 

Act and for the protection and welfare of the public, every member 

of the Industry shall maintain a place of business and shall file 

his address with the Code Authority. 

ARTICLE IX-EXPORT TRADE 

SEcTION 1. No provision of this Code relating to prices or terms 

of selling, shipping, or marketing shall apply to export trade or 

sales or shipments for export trade. 

ARTICLE X-MODIFICATION 

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

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

provisions of subsection (b) of Section 10 of the Act, fron1 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 modified on the basis of experience or changes in circumstances, such modifications to be based upon application by the Code 

Authority to the Administrator ·and such notice and hearing as he 

shall specify, and to become effective on approval of the Administrator. 

ARTICLE XI-Th1oNOPOLrns, ETc. 

No provision of this Code shall be applied as to permit monopolies 

or monopolistic practices, or to eliminate, oppress, or discriminate 

against small enterprises. 
527 

ARTICLE XII-PRICE INCREASES 

Whereas the poli"y of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

jncreases except such as may be required to meet individual costs 

should be delayed, but when made such increases should, so far as 

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

costs. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the Administrator. 

Approved Code No. 366. 

Registry No. 1030-12. 

0 
UNIVERSITY OF FLORIDA 

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