Approved Code No. 484 Registry No. 1023-29 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE MONUMENTAL 

MARBLE INDUSTRY 

AS APPROVED ON JULY 14, 1934 

WE DO OUR PART 

..... 0 --

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washing ton, D.C. - - - - - - - - Price 5 cental 
This publication is for sale by the Superintendent of Documents, Government 

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

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, 1\lass. : 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, l\lich.: 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 Broad·way. 

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 P ost Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 484 

CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE MONUMENTAL MARBLE 

INDUSTRY 

As Approved on July 14, 1934 

ORDER 

APPROVING ConE OF FAIR CoMPETITION FOR THE WHoLESALE MoNuMENTAL MARBLE INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

Fair Competition for the Wholesale Monumental Marble Industry, 

and hearings having been duly held thereon and the annexed report 

on said ·Code, containing findings with respect thereto, having been 

made and dire.cted 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, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise, do hereby incorporate by reference said 

annexe.d 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, that 

the hourly rate :for the North as provided in Section 1 of Article 

IV and the overtime rate as provided in Section 2 (b) of Article III 

be approve.d pending the completion of a study within ninety (90) 

davs of these rates in connection with rates of similar codes, and 

provided further, that Industry's request for stay be granted i,n 

Section 5 of Article IV pertinent to the methods of payment of 

wages pending determination by the Administrator on a similar 

stay in the Retail Trade Code. 

HuGHS. JoHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended: 

BARTON W. MuRRAY, 

Division Administ1·ator. 

w .ASHINGTON, D.C., 

July 14, 1934. 

73797°----829-70----34 (131) 
REPORT T O THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Wholesale Monumental Marble Industry, the public hearing having 

been conducted thereon in Washington, D.C., on January 2, 1934, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

HOURS AND WAGES 

The Code provides a forty (40) hour week excepting watchmen 

who are permitted to work fifty -six (56) hours per week. Firemen, 

engineers" sawyers, truckmen and shipping clerks may be permitted 

to work torty-eight (48) hours per week. Minimum rates of wages 

established are thirty -seven and one-half cents ( 37lj2¢) per hour in 

the North and thirty cents (30¢) per hour in the South. 

OTHER LABOR PROVISIONS 

The Code contains provisions governing child labor, infirm and 

aged employees, reclassification of employees and safety and health 

of employee. 

ECONOMIC EFFECT 

It is expected by the industry that a small increase in employment 

will result due to the adoption of a maximum forty ( 40) hour work 

week. Payrolls under this Code will be increased from twenty 

percent (20%) to fifty percent (50%) in both the North and South 

areas. 

FINDINGS 

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

having found as herein set forth and on the basis of all the proceedings in this matter: 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish 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 groups, 

by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision, by 

eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production (except as may be 

temporarily required), by increasing the consumption of industrial 

(132) 
133 

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 industry; 

and that said group imposes 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, 

JULY 14, 1934. 

HuGH S. JOHNSON, 

Ad1ninistrator. 
CODE OF FAIR COMPETITION FOR THE WHOLESALE 

MONID1ENTAL MARBLE INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of Fair 

Competition for the Wholesale Monumental Marble Industry and 

shall be the standard of fair competition for such industry and shall 

be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

(1) The term " wholesale Monumental Marble Industry " or 

" Industry " as used herein is defined to mean the finishing and sale 

to retail monument dealers, jobbers, or wholesalers, of marble for 

monuments, and other monumental work. 

(2) The terms "monument" and "monumental" as used herein 

include marble monuments, memorials, markers, headstones, tombs, 

tombstones, coping, lot enclosures, surface burial vaults, urns, seats, 

benches, sundials, and all other related types of memorials, and 

rough marble and partly finished marble intended or suited for these 

purposes. 

(3) 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. 

( 4) The term" employee" as used herein includes any and all persons engaged in the Industry, however compensated, except a member 

of the Industry. · 

( 5) The tenn " e.mployer " as used herein includes anyone by 

whom such employee is compensated or employed. 

( 6) The tenps "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. 

(7) Population for the purposes of this Code shall be determined 

by reference to the latest Federal Census. 

ARTICLE III-HouRs 

SECTION 1. M am?nwm hours.-N 0 employee 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, or more than six (6) 

days in any seven (7) day period, except as hereinafter provided. 

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

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

eight (8) hours in any twenty-four (24) hours period. A normal 

work day shall not exceed eight hours. 

(134) 
135 

(b) The provisiOns of this Article shall not apply to traveling 

salesmen, or to employees engaged in emergency maintenance or emergency repair work, or to persons employed in managerial or executive capacity who earn regularly thirty-five dollars ($35.00) per 

week or n1ore; provided, however, that employees engaged in emergency maintenance and emergency repair work shall be paid at one 

and one-third (11;3) times their normal hourly rate for all hours 

worked in excess of eight (8) hours per day and forty (40) hours 

per week. 1 

(c) Employees engaged as watchmen 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; and 

(d) Employees engaged as firemen, plant engineers, sawyers, and 

foremen may be permitted to work not in excess of forty-eight ( 48) 

hours in any one week and not more than six ( 6) days in any seven 

(7) day period; and 

(e) Employees engaged as truckmen or shipping clerks 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 day period; and 

(f) Employees may be permitted to exceed the limitations of Section 1 when employment is necessary to recover time lost due to 

inclement weather, provided, however, that the total hours worked 

shall not exceed an average of forty ( 40) hours per week for any 

three (3) months' period of the year or a maximum of forty-eight 

( 48) hours in any one 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 third 

(11/3 ) times the normal rate except employees covered by Subsections 

(c), (d), (e) of this Section. 

SEcTION 3. E1nploy1nent by Several E1nployers.-N o 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 inchl.stry, exceeds the maximum 

permitted herein. 

ARTICLE rv-vVAoEs 

SEcTION 1. No employee shall be paid in any pay period less than 

at the rate of thirty-seven and one half cents (37Y2 ¢) per hour, 

except in the South where no such employee shall be paid less than 

at the rate of thirty cents (30¢) per hour. The South includes that 

part of the United States south of the Potomac and Ohio Rivers, and 

east of the :Mississippi River together with the States of Arkansas, 

Oklahoma, Louisiana and Texas. 1 

SECTION 2. The :Minimum rate of pay for accounting, clerical, and 

office employees shall be as follows : 

Fifteen dollars ($15.00) per week in any city of over 500,000 population, or in the immediate trade area of such city; fourteen and 

50/ 100 dollars ($14.50) per week in any city of between 250,000 and 

500,000 population, or in the imn1ediate trade area of such city; 

fourteen dollars ($14.00) per week in any other place. 

1 See paragraph 2 of order approving this Code. 
136 

SECTION 3. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time-rate, piecework, or other basis. 

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

age or physical or mental 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 wages and for such hours as shall be stated in the certificate 

provided, however, that the total number of such employees shall 

not exceed 5 per cent of the total number of employees, except that 

in any case the employer shall be allowed to employ two such employees. Each employer shall file monthly with the Code Authority, a 

list of all such persons employed by him, showing the wages paid 

to, and the maximum hours of work for such employee. 

SECTION 5. An employer shall make payment of all wages not 

otherwise than in lawful currency, or by negotiable check, payable on 

demand. These wages shall be exempt from any payments for pensions, insurance, or sick benefits, other than those voluntarily paid 

by the wage earners, or required by law. Wages shall be paid at 

least semi-monthly, and salaries at least monthly. 1 

SECTION 6. Adjustment of W age8.-The hourly wage rate or salary 

of all employees receiving more than the minimum rate or salary 

herein prescribed shall be equitably adjusted, if such adjustments 

have not already been made. No employee now receiving compensation at a rate in excess of the minimum herein prescribed shall have 

his weekly compensation reduced on account of and reduction in 

weekly hours of employment to conform to requirements of Article 

III. 

SECTION 7. Female Employees.-Female employees performing 

substantially the same work as male employees shall receive the same 

rate of pay as male employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. 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 o:£ 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. (a) 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 o:£ 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. 

l See paragraph 2 •of order approving this Code. 
137 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing, and 

(c) 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. No employer shall reclassify employees or duti-es of 

occupations performed or engage in any other subterfuge so as to 

defeat the purposes of the Act. 

SECTION 4. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Code Authority to the Administrator within six months after the effective 

date of the Code. 

SECTION 5. No provisions in this Code shall supersede any State 

or Federal law which imposes 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 6. All employers shall post and keep posted copies of this 

Code in conspicuous places aceessible to all employees. Every member of the industry shall comply with all rule~ and regulations relative to the posting of provisions of Codes of Fair Competition 

which may from time to time be prescribed by the Administrator. 

SECTION 7. No employer shall dismiss or demote any employee for 

making a complaint or giving evidence with respect to an alleged 

violation of the provisions of the Code. 

ARTICLE VI- ORGANIZATION, PowERs, AND DuTIEs OF THE ConE 

AuTHORITY 

SECTION 1. A Code Authority is hereby established to cooperate 

with the Administrator in the administration of this Code. 

SECTION 2. For the purpose of the administration of this Code, 

the Wholesale ~1onmn ntal Marble Industry shall be divided into 

geographical divisions as set forth below: 

Division I shall include that part of the United States north of 

the Potomac and Ohio Rivers and east of the ~1is issippi River. 

Division II shall include that part of the United States south of the 

Potomac and Ohio Rivers and East of the Mississippi River. 

Division III shall include the remainder of the United States. 

SECTION 3. (a) The Code Authority in charge of the administration of this Code shall consist of five members of the industry, who 

shall be chosen as set forth below. 

(b) Members of the Industry shall select in each geographical 

division by a fair method of election, subject to the approval of the 

Administrator, and with fair consideration of volume of business, 

one member to represent their Division on the Code Authority. The 

three members so cho en, shall, with the approval of the Administrator, choose two additional members of the Industry. These five 

members of the I ndustry so selected shall serve for a period of one 

year, and together with those appointed .by the Administrator as 
138 

provided in Section 4, below, shall constitute the Code Authority 

for the 'Vholesale Monumental Marble Industry. 

(c) Any vacancies on the Code Authority in the membership representing a Division or otherwise remaining unfilled for a period of 

fifteen (15) days may be filled by the Code Authority as then constituted, and the member so selected shall continue as the representative 

of the Division in which the vacancy has occurred until such time 

as that Division elects a successor. . 

(d) The members of the Code Authority shall be elected at 

meetings of the members of the Industry to be called within ten 

days after the effective date hereof. The notice of the meetings shall 

be sent out by the Chairman of the Code Committee by registered 

mail to all known members of the Industry. The notice shall specifically state that the voting at the meeting may be in person or 

by proxy and said notice shall be sent ten ( 10) clays prior to such 

meeting. The members of the Code Authority shall be elected by 

members of the Industry present in person or by proxy at such 

Ineetings by a majority vote of members of the Industry present in 

person or by proxy as such. 

SEcTION 4. In addition to membership as above provided, there 

may be not more than three members, without vote, to be known as 

Administration members appointed by the Administrator, to sene 

for such terms as he may specify. 

SECTION 5. 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 j.f he shall find 

that the Code Authority is not truly representative or does 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 6. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor shall 

any men1ber of the Code Authority be liable in any manner to 

anyone for the act of any other Inember, officer, agent, or employee 

of the Code Authority. Nor shall any member of the Code Authority, 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 wilful misfeasance or nonfeasance. 

SECTION 7. Any association directly or indirectly participating in 

the selection or activities of the Code Authority shall (1) impose 

no inequitable restrictions on membership, and (2) submit to the 

Administrator true copies of its articles of association, by-la\\s, 

regulations, and any amendments when mad~ 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 8. If the Administrator shall at any time determine that 

any action of a Code Authority or any agency thereof may 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 
139 

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 9. The Code Authority shall have the following further 

powers and duties subject to such rules and regulations as the 

Administrator may prescribe: 

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

to 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. 

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

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

addition to information required to be submitted to the Code Authority, members of the industry subject to this Code shall furnish 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such 

Federal and State agencies as he 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 report shall be disclosed to any other member of the industry or any other party except to such other Governmental agencies as may be directed by the Administrator. 

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

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

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

such trade associations and agencies shall at all times be subject 

to and comply with the provisions hereof. 

(e) To make recomm.endations 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 recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions to 

govern members of the industry 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 

shall become effective as part hereof upon approval by the Administrator after such notice and hearing as he may specify. 

(g) To appoint a Trade Practice Cmrunittee 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 proposed to the Administrator as amendments to this code and such other codes. 

SECTION 10. It being found necessary 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 meet such obligations out 

of funds which may be held in trust for the purposes of the Code 

and raised as hereinafter provided; 
140 

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

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

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

purposes, and 

(2) An equitable basis upon which the funds necessary to support 

such budget shall be contributed by all members of the Industry. 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contributions as above set forth, and to that end, if necessary, to institute 

legal proceedings therefor in its own name. 

(d) Each member of the Industry shall pay for his or its equitable 

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

pertaining thereto issued by the Administrator. Only members of 

the industry complying with the Code and contributing to the expenses of its administration shall be entitled to participate in the 

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

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

insignia of the N.R.A. 

(e) The Code Authority shall neither incur nor pay any obligations in excess of the amount thereof as estimated in its approved 

budget except upon approval of the Adm.inistrator and no subsequent budget shall contain any deficiency item of expenditures in 

excess of prior budget except those the Administrator shall have so 

approved. 

SECTION 11. The Code Authority shall cause to be formulated 

n1ethods of cost finding and accounting capable of use by all members 

of the industry, and shall submit such methods to the Administrator 

for review. If approved by the Administrator, full information 

concerning such methods shall be made available to all members of 

the industry. Thereafter, each member of the industry shall utilize 

such methods to the extent found practicable. Nothing herein contained shall be construed to permit the Code Authority, any agent 

thereof, or any member of the industry to suggest uniform additions, 

percentages or differentials or other uniform items of cost which 

are designed to bring about arbitrary uniformity of costs or prices. 

SECTION 12. The Code Authority may recommend to the Administrator modifications and/ or amendments to this Code, which shall 

become parts of this Code upon approval by the Administrator after 

such notice and hearing as he may prescribe. 

ARTICLE VII-TRADE PRACTICE RuLES 

The following trade practices are prohibited: 

SECTION 1-RULE 1-/ naccurate Advertising.-N o 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 

commodity (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. 
141 

RULE 2. False BiUing.-No member o£ the industry shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

RULE 3. I naccurate Labelling.-No member of the industry shall 

brand or mark or pack any comn1odity in any manner which tends to 

deceive or mislead purchasers and/ or prospective purchasers with 

respect to the brand, grade, quality, quantity, origin, size, finish, 

material content, or preparation of such commodity. 

RULE 4. Inaccurate R ef erences to Competitors, Etc.-No member 

of the industry shall use advertising or other representation which 

refers inaccurately in any material particular to any competitors or 

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

RULE 5. 001nm.ercial Bribery.-No member of the industry shall 

give, pern1it 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 r elation to the business 

of the employer of such employee, the principal of such agent or the 

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

to prohibit free and general distribution of articles commonly used 

for advertising except so far as such articles are actually used for 

commercial bribery as hereinabove defined. 

RULE 6. Interference with Another's Oontracts.-No member of the 

industry shall attempt to induce the breach of an existing contract 

between a competitor and his customer or source of supply. 

RULE 7. Bla.cklisting.-No member of the industry shall join or 

participate with other members of the industry in any transaction 

known as a black list, including any practice or device (such as white 

list), which accomplishes the purpose of a black list. 

RULE 8. Reba.tes.-N o member of the industry shall secretly pay 

or allow rebates, refunds, commissions, credit, or unearned discounts, 

or excess allowances, whether in the form of money or otherwise, or 

secretly extend to certain customers special services or privileges not 

extended to all customers under like terms and conditions, for the 

purpose of influencing sales. 

RULE 9. Misrepresenta.tion.-No member of the industry shall mislead or deceive any bidder as to the amounts and conditions of other 

bids, or by any other false information, for the purpose of inducing 

him to cut his own bid. 

RULE 10. Bidding Practice.-N o member of the industry shall 

induce or attempt to induce an architect, owner, builder, or r etailer 

to reveal to such member any information regarding any bid received 

on a competitive job, with a view of giving such member an opportunity to meet or cut below the lowest bid, whether such member wa~ 

one of the original bidders or not. 

ARTICLE VIII-OPEN PRICE 

SECTJON 1. Each member of the industry shall file with a confidential and disinterested agent of the code authority or, if none 

then with such an agent designated by the Administrator, identified 

lists of all of his prices, discounts, rebates, allowances, and all other 

terms or conditions of sale, hereinafter in this article referred to 
142 

as "price terms", which lists shall completely and accurately conform to and represent the individual pricing practices of said member. Such lists shall contain the price terms for all such standard 

products of the industry as are sold or offered for sale by said member and for such non-standard products of said member as shall 

be designated by the code authority. Said price terms shall in 

the first instance be filed within sixty ( 60) days after the 

date of approval of this provision. Price terms and revised price 

terms shall become effective immediately upon receipt thereof by 

said agent. Immediately upon receipt thereof, said agent shall by 

telegraph or other equally prompt means notify said member of the 

time of such receipt. Such lists and revisions, together with the 

effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the industry and to all of 

their customers who have applied therefor and have offered to defray 

the cost actually incurred by the code authority in the preparation 

and distribution thereof and be available for inspection by any of 

their customers at the office of such agent. Said lists or revisions 

or any part thereof shall not be made available to any person until 

released to all members of the industry and their customers, as aforesaid ; provided, that prices filed in the first instance shall not be 

released until the expiration of the aforesaid sixty ( 60) day period 

after the approval of this code. The code authority shall maintain 

a permanent file of all price terms filed as herein provided, and shall 

not destroy any part of such records except upon written consent 

of the Administrator. Upon request the code authority shall furnish to the Administrator or any duly designated agent of the Administrator copies of any such lists or revisions of price terms. 

SECTION 2. vVhen any member of the industry has filed any revi-

. sion, such member shall not file a higher price within forty-eight 

( 48) hours. 

SECTION 3. No member of the industry shall sell or offer to sell 

any products/services of the industry, for which price terms have 

been filed pursuant to the provisions of this article, except in accordance with such price terms. 

SECTION 4. No member of the industry shall enter into any agreeInent, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the industry to change his price terms by the use of intimidation, coercion, or 

any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

ARTICLE IJC--~ODIFICATION 

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 National Industrial Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions 

imposed by him upon his approval thereof. 
143 

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

Act, may be 1nodified on the basis o£ experience or changes in circumstances, such modification 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 o£ the 

Administrator. 

ARTICLE X-MoNOPOLIEs, ETc. 

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

ARTICLE XI- PRICE INCREASES 

vVhereas the policy of the Act to increase real purchasing power 

will be made more difficult o£ consummation if price of goods and 

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost 

should be delayed. But when made such increases should, so far as 

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

ARTICLE XII-FOREIGN TRADE 

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 XIII- EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 484. 

Registry No. 1023- 29. 

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UNIVERSITY OF FLORIDA 

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