Approved Code No. 481 Registry No. 326-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD PRESERVING INDUSTRY 

AS APPROVED ON JULY 13, 1934 

WE DO OUR PART 

' . ' ' 

U . .;;;. DE 

UNITED STATES 

GOVERNMENT PRINTING OF FICE 

WASHINGTON: 1934 

For sale by the Superintende nt of Dccuments, Washington, D.C. - - - - - - - - Price 5 cents 

✓ 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

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 Ea t Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa .: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Loui , Mo.: 506 Olive Street. 

San Franci co, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 481 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD PRESERVING INDUSTRY 

As Approved on July 13, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE w OOD PRESERVING 

INDUSTRY 

An application having been duly ma.de 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 Wood Preserving 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: 

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 annexed re:port 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. 

HUGH s. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended: 

BARTON w. MURRAY, 

Divis-ion Admvnistrator. 

VVASHINGTON, D.C., 

July 13, 1934. 

73629 °-829-62-34 (85) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Wood Preserving Industry, as revised after a public hearing conducted in Washington, D.C., on April 6, 1934, in accordance with the 

provisions of Title I of the National Industrial Recovery Act. 

PROVISIONS AS TO HOURS AND WAGES 

Employees are not permitted normally to work in excess of eight 

hours per day or forty hours per week. When peaks of production 

or climatic condition!e make necessary longer working period , fortyeight hours per week is permitted for not to exceed twelve weeks of 

the year. Employees are not permitted to work more than six days 

out of any seven. 

Hourly limitations do not apply to executives, supervisors, chemfats or technical engineers who regularly receive thirty-five dollars 

or more per week, nor to outside buyers and outside salesmen; nor 

to employees engaged in emergency work involving breakdowns or 

the protection of life or property, provided one and one-half times 

the normal rate is paid for hours worked in excess of forty-four per 

week or ten per day. Employers shall not permit accounting, clerical or office employees to work in excess of forty hours per week. 

Watchmen are not permitted to work in excess of fifty-six hours per 

week. 

Minimum hourly rates of pay are established in four regional 

divisions: (a) forty cents on the Pacific coast, (b) twenty-eight 

cents in an intermediate zone between northern and southern regions, 

( c) twenty-five cents in the southern region and ( d) thirty-five 

cents in the balance and geographically larger part of the country. 

Female employees performing substantially the same work as male 

employees hall receive the same rate of pay as male employees. 

Accounting, clerical, office, service, delivery and sales employees, 

outside buyer an l ,Yatchmen shall receive a minimum of eith r 

fifteen, fourteen and one-half or fourteen dollars a week d pending 

upon the population of the place of their employment but in no 

event less than twelve dollar a week. Junior offi e employ e are 

limited to fiv per ent of the number of office employe , and shall 

rec ive not 1 than the minimum of tweh e dollars a week. 

minimum rate of pay is established, regardle s of whether an 

employee is comp nsated on a time rate, piece work or oth r ba is. 

Comp n ation of employ es r c ivino- mor than the minimum shall 

be equitably adju ted and reported to th Code Authority but in no 

ev nt hall rates of pay be reduced. No person under sixte n y ars 

of a shall b mployed in the Indu try nor any p r on under 

eighteen year of age in hazardous operations. 

(86) 
87 

ECONOMIC EFFECTS OF THE CODE 

This Indu try is of considerable significance in the conservation o:f 

our fore t re...,ources. Through its operations, woods of short natural life are so treated as to have comparable value in various construction use with wood of greater value and even with reinforced 

concrete. 

Prior to the ational Industrial Recovery Act, the tandard workweek in the Indu try wa sixty hours. The actual average of hours 

worked per week was fifty hours, re ultino- from various cau es. 

Under the Code this has been reduced to a tandard of forty hours, 

with flexibility obtained by permitting a maximum of forty-ejght 

hours when peak of demand, weather or other conditions peculiar 

to the Industry, require the e hours. 

Employment in 1929 totaled 10,000 worker . This declined in 

June, 1933 to about 5 500. nder the Presidents Reemployment 

Agreement ome\fhat over 1,000 have been reemployed. 

The Code wage rates represent wage incre.ases in the three sections of the country, of from, four to ixty-eight percent over unskilled labor rates prevailing in June, 1933. It is estimated that 

over thirty-five percent of the plant employees will benefit. 

As a result of setting up a borderline territory between the distinctly northern and southern sections of the countr ome improve- ment in the competitive situation may be expected, in addition to 

benefits to labor in this section. 

FINDINGS 

The A sistant Deputy Administrator in his final report to me on 

said Code, having found as herein set forth and on the ba is of all 

the proceedings in this matter; 

I find that : 

(a) -said Code is well designed to promote the policies and purpo es of Title I of the ational Indu trial Recovery Act including 

removal of obstructions to the free fl.ow 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 group , by inducing and maintaining united action of labor and management 

under adequate governmental anctions and upervi ion by eliminat- jng unfair competitive practice by promoting the fullest po ible 

utilization of the present productive capacity of indu~trie by avoiding undue re triction of production ( except a may be temporarily 

required) by increasing the con umption of indu trial and agricultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving tandards of labor, and 

by otberwi e rehabilitating indu try. 

(b) Said Indu try normally emplov not more than 50,000 employees· and is not cla ified by me a a major indu try. 

(c) The Code a approved complie in all re pects with the pertinent provision of said Title of said Act including without limitation 

Sub ection (a) of Section 3, Sub ection (a) of Section 7, and Sub- section (b) of Section 10 thereof · and that the applicant group is 

trul repre...,entative of the afore aid Indu try. 
88 

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

or monopolisti_c 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, the Code has been approved. 

Respectfully, 

HUGH s. JOHNSON, 

A d1ninistrator. 

JULY 13~ 1934. 
CODE OF FAIR COMPETITIO 

PRESERVI G I D 

FOR THE WOOD 

TRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the ational Industrial Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Wood Preserving Industry, and hall be 

the standard of fair competition for this Industry, and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIO~S 

SECTION 1. The term" Wood Preserving Industry" or" indu try" 

as used herein is defined to mean the business of preservatively treating wood by pressure proce ses on a commercial basis, involving 

sale of services and/or materials whether as a final process or as a 

part of a larger or further process. 

SECTION 2. The term " pre sure processes " as used herein is defined to mean those processes in which pre sure is employed to force 

preservative into wood enclo..,ed in a sealed ve sel. 

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

includes any individual, partner hip, association, corporation or 

other entity engaged in the Industry as above defined, either as an 

employer or on his or its own behalf. 

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

all persons engaged in the Indu try in any capacity, receiving compen ation for his services, irrespective of the nature or method of 

payment of such compen ation, except a member of the Industry. 

ECTION 5. The term "employer" as u ed herein includes anyone 

in the Industry by whom any such employee is compensated or 

employed. 

SECTION 6. The terms "Pre ident" "Act", and "Admini trator" 

as used herein mean re pectively, the Pre ident of the nited States, 

Title I of the ational Industrial Recovery Act, and the Administrator for Industrial Recovery. SEOTION 7. The terms "population" and "trade areas" as used 

herein hall be determined by r eference to the latest Federal Census. 

ARTICLE III-HoURs 

SECTION 1. o employee hall be permitted to work in exce of 

eight ( ) hours per day and/or forty ( 40) hours per week except 

as provided in later ections of thi article or a climatic conditions 

or peaks of production make nece ary longer working periods, when 

additional hour may be worked in any week but not to exceed 

a total of ninety- ix (96) additional hours in any calendar year and 

(89) 
90 

not to exceed forty-eight ( 48) hours in any week. I£ in such 

periods, any employee works in excess of forty-four ( 44) hours 

per week and/ or ten (10) hours per day he shall be compensated for 

such excess hours at one and one-half tin1es his normal hourly rate. 

SECTION 2. The limitations on hours of work contained herein 

shall not apply to executives, supervisors, chemists technical engineers regularly receiving thirty-five (35) dollars or more per week 

nor to out ide salesmen and out ide buyers · provid d, however, that 

supervisors engaged in manual labor or mechanical operations are 

not included in this exception. 

SECTION 3. Employees enga.ged in emergency work involving 

breakdown or the protection of life or property may be permitted 

to work in excess o:f the maximum hours, provided that all hours 

worked in exces o:f forty-four (44) in any week and/or ten (10) 

in any day are paid for by overtin1e of at lea t one and one hal:f 

times the normal hourly rate. 

SECTION 4. Watchmen shall not be permitted to work in exces of 

fifty- ix ( 56) hours in any week, no overtime being required. 

SECTION 5. Accounting, clerical and office employees shall not be 

permitted to work in exce s of forty ( 40) hours in an week or 

nine (9) hours in any day. A normal day shall not exceed eight 

(8) hours. 

SECYTION 6. Jo employee shall be permitted to work more than 

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

SECTION 7. o employer shall knowingly permit any en1ployee to 

work for any time which, when added to the time spent at work for 

another employer or employers, exceeds the maximum permitted 

herein. 

SECTION 8. Employers shall so administer work in their charge as 

to provide a maximum practicable continuity of employment for 

their employees. 

.ARTICLE IV-W .AGES 

SECTION 1. o employee, except as herein provided, shall be paid 

1 than: 

(a) Forty (40) cent per hour in the Pacific Coa t Region which 

shall consi t of the States of California Oreo-on, except W a co 

County, and Washington, except Spokane County. 

(b) Twenty-eight (28) cents per hour in that part of West Virginia south and west of the Kanawha and ew Riv r · the State 0£ 

Kentucky; the outhern ti r of Indiana Counti which border the 

Ohio River; the Illinois Countie of "\Vhite, Hamilton, Jeff rson, 

W a hin ton, Randolph and the other countie outh of the above 

m ntion d in the State of Illin is and in th Stat o:f irgin1a, 

ex ept ansemond and orfolk ounties. 

( c) Twenty-fi (2 ) c n p r hour in th State f T xa Oklahoma, Arkan a Loui iana ~1i i ippi, Tenne ee, Florida, Alabama, Ge r ia uth ar lina orth Carolina and in th Virginia 

ounti of an mond and orfolk. 

(d) Thirty-fiv (35) c nt per hour in all oth r states and part 

thereof. 

ECTI N 2. Minimum rat of pay tabli h d hall apply irrep ctive of wh th r an mploy e i compen ated on a time rate, 

piece work, or oth r ba is. 
91 

SECTION 3. Equitable adju tment of compensation of emploY.ees 

receiving more than the minimum rates of pay herein prescribed 

shall b made by all employer who have not heretofore made such 

adj u t.ment under the ational Indu trial Recovery Act1 and all 

employ€rs shall within sixty (60) days after approval of this Code, 

report in full to the Code Authority and the Admini trator for approval concerning uch adjustment provided, however, that in no 

event hall pre ent rate of pay be reduced. Such report shall indicate wage before and after adjustment and the dates of adjust,ment. 

SECTION 4. Accounting, clerical, office, service, delivery and sales 

employees, out ide buyer and watchmen, except office boys and 

girls, hall be paid not less than fifteen ( 15) dollars per week in any 

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

city; nor less than fourteen and one-half (141⁄2) dollars per week 

in any city between 250,000 and 500,000 population, or in the immediate trade area of such city; nor less than fourteen (14) dollars 

per week in any city or place of between 2,500 and 250,000 population or in the immediate trade area thereof; nor less than twelve 

( 12) dollars in places of less than 2,500 population. 

Office boy and girls shall be paid at least eighty (80) per cent 

of the above minimum weekly rates but in no event less than twelve 

(12) dollars per week; provided that the number of such employees 

does not exceed five (5) per cent of the total employees in any one 

office. Each office may have at least one such employee. 

SECTION 5. A person whose earning capacity is limited because of 

age or phy ical 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 wage as shall be stated in the certificate, but such 

employees shall not exceed five per cent of any employer's total 

number of employees. Each employer shall file with the Code Authority a list of all such persons employed by him. 

SECTION 6. Employers sh.all make payment of all wages due in 

lawful currency or by negotiable check at regular pay periods, which 

shall occur at lea t twice each month. These payments shall be 

exempt from any deductions for pensions, insurance or sick benefits other than those voluntarily made by employees or required by 

law. The employer or his agent shall accept no rebates directly or 

indirectly on any wages. SECTION 7. 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 I ndustry, nor anyone under eighteen (18) years of 

age at occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator for a ppr oval 

within three (3) months after the effective date of this Code a list 

of all such occupations. In any State, an employer shall be deemed 

to have complied with .this provision if he shall have on file a cer- tificate or permit duly issued by the authority in such State empow-
92 

ered to issue employment or age certificates or permits, showing that 

the employee is of the required age. 

SECTIO 2. It is hereby provided that: 

(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 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) 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 hi own choosing; and 

( c) Employers hall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved or pre cribed by the President. 

SECTION 3. o provision in this Code shall supersede any State 

or Federal law which imposes on employers more stringent requirenients as to the age of e.mployees, 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 4. All employers shall post and keep posted official copies 

of the labor provisions of this Code in conspicuous places accessible 

to all employees. Every member of the Industry shall comply with 

all rules and regulations relative to the posting of provisions of 

Codes of Fair Competition which may from time to time be 

pre cribed by the Administrator. 

SECTIO 5. o employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge so as to 

defeat the purpo es or provisions of the Act or of this Code. 

SECTION 6. Every employer shall provide for the safety and health 

of employee during the hours and at the places of their employm nt. tandards for afety and health shall be submitted by the 

Code Authority to the Administrator for approval within three (3) 

months after the effective date of the Code. 

SECTION 7. o employee shall be discharged by reason of making 

a complaint or giving evidence with respect to an alleged violation 

of this Code. 

ECTION 8. o employee now employed at a rate above the minimum hall be di charaed and reemplo ed or replaced at a lower rate 

for the purpo.:,e of evading the provi ion of this Code. 

ECTION 9. The 'ode Authority hall make a u ly of the effects 

upon th Indu try and upon the mplo ee enaa d therein of the 

wag an l h ur provision of the Cor:le, having in iew the practiabilit of (1) r eclu ing th maximum h ur I ermitte 1 (::...) increa - ina th hourly wao-e rat (3) wh th r an m ncl an 1 orfolk 

Counti , '. iro-inia hall be inclucl 1 in ParaQ"raph (b) of ction 1 

rti 1 IV and ( 4) whether I okane ount \ a hino-ton, and 

Wa co ounty Oregon hall be :s: er t d from ParaoTaph (a) Section 1 rti "l I . r port on thi tud t g th r with c n lu ion 

and r mm nclation f the ode uthorit hall be ubmitt d to 

th lmini trator for con i leration within thr e (3) month after 

th eff ctivc date f the od . · 
93 

ARTICLE VI-ADMINISTRATION 

SECTION 1. To further effectuate the policies of the Act, a Code 

Authority is hereby constituted to cooperate with the Administrator in the administration of this Code. This Code Authority shall 

consist of members who shall be elected in the following manner 

and hold office for one year : 

(a) One ( 1) member to be elected by each company of the Industry having 150 000 cubic feet of treating cylinder capacity or more. 

(b) Four (4) members to be elected by the remaining companies 

of the Industry on a cubic capacity basis,-one (1) vote for each 

cubic foot of treating cylinder capacity. 

(c) Two (2) members to be elected by all of the companies of the 

Indu try on the basis of one (1) vote for each company of the 

Industry. 

SECTION 2. With respect to election and representation on the Code 

Authority each company, together with its owned and/or controlled 

sub idiarie or affiliates, shall be treated as one entity. Only one 

representative of such company or entity shall be eligible to membership on the Code Authority at one time. Each such company or 

entity shall have only one (1) vote when voting as a company as 

provided in Section 1 of this Article. Companies or entities as 

used herein are to be considered in relation to the definition of and 

be synonymous with the term "member of the Industry" in Article 

II of this Code. 

SECTION 3. Treating cylinder capacity for each company or entity 

as defined in the preceding Sectio~ 2 shall be figured within the 

thirty (30) days immediately preceding an election. This capacity 

shall be calculated by the following mathematical formula: 3.1416 

time inside radius quared times inside length of cylinder. 

SECTION 4. A quorum of the Code Authority shall consist of six 

(6) of the eight (8) members thereof, which latter number of 

members repre ents the Industry as it is now constituted. 

SECTION 5. At any meeting of the Code Authority if a quorum of 

six ( 6) is present they may act and vote on any matter properly 

before them, provided the vote is unanin1ous. 

SECTION 6. If objection to any matter or action is raised by a 

member of the Code Authority, then the entire Code Authority must 

be polled and the affirmative vote of seven (7) out of the total 

membership of eight (8) will be necessary to pa s any motion. 

SECTION 7. In the event of a vacancy in the Code Authority, the 

remaining members, subject to Sections 5 and 6 on voting shall fill 

such vacancy from the group in which the vacancy occurs before 

any further business is transacted. 

SECTION 8. A temporary Code Authority is hereby set up and shall 

consi t of the individuals who were na.med in a resolution at a meeting in Chicago on August 21, 1933, to represent the Industry in the 

negotiations with the National Recovery Administration and to 

negotiate £or the Industry this Code; said resolution was amended 

by a unanimous vote in a resolution adopted at Washington, D.C., 

by the Committee acting £or the Industry on April 23, 1934. This 

temporary Code Authority shall serve for a period of ninety (90) 
94 

days after the effective date o:f this Code, and until its successors 

are elected in the manner above provided. 

SECTION 9. In addition to membership on both the temporary and 

permanent Code Authorities as herein provided, there may be three 

(3) members, without vote and without cost to the Industry, to be 

known as Administration members, to be appointed by the Administrator to serve :for such terms as he may specify. 

SECTION 10. The temporary Code Authority shall act as an agency 

for holding the election o:f the permanent Code Authority. It shall 

cause notice to be sent to all members o:f the Industry who are registered with it or whose names and addresses can be ascertained by 

r easonable inquiry, by registered mail ten (10) days preceding the 

date of the election. Votes shall be cast in the manner above prescribed and votes may be cast either in person, by proxy, or by letter 

ballot. 

SECTION 11. Nominations may be made through a nominating 

committee appointed by the Code Authority, but members of the 

Industry shall have the right to make nominations from the floor, or 

vote for any individuals of their choice, by specifying their names in 

the written proxies or in the letter ballots. Nominations when made 

shall be made in accord with Section 1, paragraphs (a), (b) and 

( c) of this Article. 

SECTION 12. Any industrial association or group directly or indirectly participating in the selection or activities o:f the Code Authority shall (1) impose no inequitable restrictions on membership, and 

(2) submit to the Administrator true copies o:f its articles of association, bylaws, regulations, and any amendments when made 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 13. In order that the Code Authority shall at all times 

be truly repre entative of the Industry and in other respects comply 

with the provisions o:f 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 representative or does not 

in other respects comply with the provisions o:f the act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

SECTION 14. Nothing in this Code shall constitut them mbers o:f 

the Code Authority partners for any purpose. Nor shall any member o:f the Code Authority be liable in any manner to anyone f r any 

act of any other member o:f the Code. Authority. Nor hall any 

member of the Code Authority exercising reasonable dilig nee in 

the conduct o:f his duties hereunder, be liable to anyone for any a t 

or omi ion to act under this Code, except :for his own wilful misfeasance or non:feasance. SECTION 15. Any inter sted party shall have the right of complaint to the Code Authority or prop r ag ncy and a pro1npt h ar1ng and decision thereon. Any interested I arty hull hav the riaht 

to appeal to the Administrator, under su h rule and r o·ulation as 

the Admini trator shall J?rescrib , with r s_pect to any de i ion, rule, 

regulation, order, or finding mad by the Code Authority. 
95 

SECTION 16. If the dmini trator shall determine that an action 

of the Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public intere t, the Ad.mini trator may require 

that uch action be suspended to afford an opportunity for investigation of the merits of uch action and further con ideration by uch 

Code Authority or agency pending final action which hall not be 

effective unle the Administrator approves or unle s he shall fail 

to di approve after thirty (30) day ' notice to him of intention to 

proceed with such action in its original or modified form. 

ECTION 17. ubje t to uch rules and regulations as may be issued 

by the A.dmini trator the Code Authority shall have the following 

powers and dutie , in addition to those authorize.cl by other provisions 

of thi Code: 

(a) To in ure the execution of the provisions of this Code and to 

provide for the compliance of the Industry with the provisions of 

the A.ct. (b) To adopt bylaw and rules and regulations for its procedure. 

( c) To obtain from members of the Indu try such information 

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

addition to information to be submitted to the Code Authority, all 

or any of the per on subject to thi Code shall furnish such statistical information a the Administrator may deem nece ary for the 

purpo e recited in Section 3 (a) of aid Act to such Government 

agencies as the Administrator may de ignate; nor shall anything in 

this Code relieve any per on of any exi ting obligation to furnish 

report to Government agencie . 

( d) To use such trade as ociations 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 re ponsibilities under this Code and that such 

trade a ociations and agencies shall at all time be subject to and 

comply with the provisions hereof. 

( e) To make recommendations to the A.dmini trator for the coordination of the admini tration of this Code with such other Codes, 

if any, a may be related to or affect member: of the Industry. 

SECTION 1 . It being found nece ary to support the admini tra• 

tion of this Code and to maintain the tandard of fair competition 

establi heel by this Code and to effectuate the policy of the Act, the 

Code Authority is authorized, subject to the approval of the Administrator to incur such reasonable obligation as are neces ary and 

proper for the foregoing purpo es and to meet such obligations out 

of fund which may be rai eel a hereinafter provided and which 

shall be held in tru t for the purpo e of the Code; and to ubmit 

to the Administrator for his approval subject to such notice and opportunity to be heard a he may deem nece ary (1) an itemized 

budo-et of its estimated expen e for the foregoing purpose and (2) 

an equitable basis on which the fund nece sary to upport uch 

budget shall be contributed by members of the Indu try. After 

such budget and basi of contribution have been approved by the 

Administrator, the Code Authority shall determine the amount of 

such contributions and secure the same as above set forth, and to that 

end, if necessary, may institute legal proceedings therefor in its 

own name. The Code Authority shall neither incur nor pay any 
96 

obligation in excess of the amount thereof as estimated in Us approved budget, except upon approval of the Administrator; and no 

subsequent budget shall contain any deficiency item for expenditures 

in excess of prior budget estimates except those which the Administrator shall have so a pp roved. 

SECTION 19. Only members of the Industry complying with the 

Code and contributing to the expenses of its administration, as provided in Section 18 hereof, shall be entitled to participate in the 

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

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

insignia of the National Recovery Administration. 

SECTION 20. Each member of the Industry shall pay his or its 

equitable contribution to the expenses of maintaining the Code 

Authority pro rated according to treating cylinder capacity. 

SECTION 21. The Code Authority is authorized 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 trades or 

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. 

SECTION 22. The Code Authority is authorized 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 production and distribution 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. 

ARTICLE VII-COSTS AND PRICES 

SECTION 1. The Code Authority shall cause to be formulated 

method 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 n1ade available to all members of 

the Indu try. Thereafter, each member of the Indu try shall utilize 

such methods to the extent found practicable. Nothing herein contained shall be con trued to permit the C de uthority any agent 

thereof, or any member of the Indu try to ugge t uniform addition , 

percentao-e or differentials or other uniform it ms of c ts which 

are de igned to bring about arbitrary uniformity of co t 

RTICLE VIII-TRADE PR.\ TI E R E 

It hall on titute an act of unfair comp titian for a m mber of 

th Indu try to : 

a) r tl off r or mak any pa m nt or all wance f a rebate, 

r fund mmi ion, er dit un arn l li unt r xces llowanc , 

wheth r in th f rn1 f m n r th rwi nor hall a m mber of 

the Indu ry retly ff r or xt n l to any u tamer any pecial 
97 

service or privilege not extended to all customers of the same class, 

for the purpose of influencing a sale. 

(b) Dis eminate any fal e or misleading information relative to 

any product or price for any product, within the Industry, of any 

member of the Industry, or the credit standing or ability of any 

member thereof to perform any work or manufacture or produce 

any such product, or to the conditions of employment among the 

employees of any member thereof. 

(c) Give, permit to be given, or offer to give, anything of ,alue 

for the purpo e of influencing or rewarding the action of any employee, agent or repre entative of another in relation to the bu iness of the employer of such employee, the principal of such agent 

or the represented party, without the knowledge of such employer, 

principal or party. This provision 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. 

ARTICLE IX-:MoNoPoLms 

SECTION 1. No provision of this Code shall be interpreted or applied in such manner as to promote or permit monopolies or monopolistic practices; permit or encourage unfair competition; eliminate 

or oppress small enterprises or discriminate against them. 

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, 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. 

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 modification to be based upon application to the Administrator and such notice and hearing as he shall specify, and to 

become effective on approval of the President. 

ARTICLE XI-GENERAL 

SECTION 1. Violation by any member of this Industry of any of 

the provisions of this Code or any approved amendment hereof is an 

unfair method of competition. 

ARTICLE XII- EFFECTIVE DATE 

SECTION 1. This Code hall become effective on the third Monday 

after its approval by the President. 

Approved Code No. 481. 

Registry 326----02. 

0 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIII IIIIII II 111111111111111 

3 1262 08583 0361