Approved Code No. 218 Registry No. 1023-19 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SLATE INDUSTRY 

I • 

AS APPROVED ON JANUARY 22, 1934 

WE DO OUR PART 

. 0-

UNITED STATES 

GOVERNMENT P RINTING OFFICE 

WASHINGTON: 1934 

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

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

Foreign ancl Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMTIRCE 

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. 

Cle,·eland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich. : 801 First National Bank Building. 

Hou ton, 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, Cnlif. : 1163 South Broadway. 

Louisville, Ky. : 408 l!'ederal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapoli ·, Minn. : ::!13 Federal Building. 

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

Norfolk, Va.: 406 Ea st Plume Street. 

Philadelpllia, Pa.: 422 Commercial Trust Building 

Pittsburgh. Pa.: Chamber of Commerce Buil<lino-. Port land, Oreg.: 215 New Po. t Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Franci co, Ca lif. : 310 Customhouse. 

Seattle, Wash.: 809 F ederal Office Building. 
Approved Code No. 218 Registry No. 1023-19 

ERRATA SHEET 

CODE OF FAIR COMPETITION 

FOR THE 

SLATE INDUSTRY 

As Approved on January 22, 1934 

Section 2 (c) o:f Article III, Hours ( p. 302) , should read as :follows : 

Persons engaged in managerial or executive capacity who receive 

not less than THIRTY-FIVE DOLLARS ($35.00) per week." 

36629°-34 
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Approved Code No. 218 

CODE OF FAIR COMPETITION 

FOR THE 

SLATE INDUSTRY 

As Approved on J anuary 22, 1934 

ORDER 

APPROVING CODE FOR FAIR COMPETITION 

FOR THE 

SLATE INDUSTRY 

An application having b en lluly made pursuant to and in full 

ompliance with the provision. of Title I of the National Indu trial 

RecoYery Act, approve 1 J un 16, 1933, for approval of a Code of 

F air Competition for the Slate In lu try, and hea ring having been 

duly hell thereon and the annexed report on sa.icl Cole containing 

findina · with re pect thereto, having been made and dire t d to the 

President : 

NOW, TI-IEREFORE, on behalf of the Pre iclent of the United 

tates: I. Huo·h S. John ·on, A lmini ti·ator for Indu trial Recover , pur. uant to authority ve ted in me by Executive Order of th Pre ident, in ludino· Exe utive Or ler No. 6543-A, elate l D mb r 30 

1933 and othenvi e do hereby incorporate b~ reference aiel annexed 

report and ]o find that ·aid Code complie in all re ·pe ts with th 

p rtinent proYi ·ions an 1 will pr mote the p li y and purpo e of . aid 

Title of said At; and c1 her by order that sail od of Fair Comp tition b an l it ish r b approve l. 

H GH S. J H N 0~. 

Admini~trator for I ndu fJ•ia1 R COl' l'y. 

ApproYal R ommen led : 

"\i\ . A. HAHRil\L N' 

Di ision Admitti ·t1·ator. 

"\V HI .~.- T N D.C. Jan11ary B!B 1934. 

202 o·- :.!nG- ll0-:34 (297) 
The PRESIDENT, 

The lV hit H o~ts . 

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

Slate Industry, a hearing on which was conducted in Washington 

on the ninth of November, 1933, in accordance with the provisions 

of the N utional Industrial Recovery Act. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Code provides for a work week of not more than forty hours, 

averaged over a six months' period, with limits of forty-eight hours 

for any week, six days for any week, and nine hours for any day. 

The following 8xceptions are permitted: 

(a) Employees engaged on emergency maintenance and repair 

''ork, but they will receive time and one third for overtime; 

(b) Slateloader., shipping clerks, truck drivers, and watchmen, 

who are limited to fifty-six hours per week; 

(c) Those engaged in managerial or executive capacity, whoreceive not less than $30.00 per week; and 

(d) Travelling salesmen. 

The maximum hours apply to the total time of each employee, 

·whether working for one or several employer . 

This Code provides for a minimum wage of 35 oonts per hour, 

except in Virginia, the only southern state producing slate, ·where 

the minimum i · 30 cents. \V atchmen are excepted, but must be 

paid at least $15.00 per week, and with the permission of the proper 

authoritie. , handicapped persons may be excepted. These minimum 

wage.· apply wheth r an employee is compensated on a time rate, 

piecework, or other basis. 1Vages must be paid monthly or oftener 

a~d .pro vi ·ion is made for equitable readju -tment of wages above the 

l1llllll11Ull1. 

No per. on under eighteen years of age may be employed. Employers must endeavor to provide continuity of employment and for 

the safety and health of their employees. 

ECONOMIC EFFECTS OF THE CODE 

The value of the products covered by the Code fell from a peak 

of over nine million dollars in 1925 to eight and a hal£ in 1929 and 

to less than two million dollars in 1932. The Slate Indu. 'try is 

heavily burdened by depre sion, by stagnant construction, by severe 

losse in past years, and by rival materials. Employment has 

dropped to about half the peak figure. 

(298) 
299 

Due to these conditions, it is doubtful whether adoption of thi. ode will result in a large immediate increase in employment, but 

it is hoped that the stabilizing effect of the marketing provision 

will protect the present two thousancl emnlovees and ·with in rea

ing business permit of some increa,"'. The minimum wages are approximately double the present minima, and an increase in pay rolls of 25 % to 30(/o is estimate<1 by 

Uw sponsors of the Code. 

FIX DINGS 

T'he Assistant Deputy Administrator in his final report to me on 

said Code havino· found as herein set forth an<l on the ba s of all n 

the proceedings in this matter: 

J find that: 

(a) Said Code is well designed to promot-e the policies and pm·-

poses 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 org<:mization of 

industry for the purpose of cooperative action among the tratl 

grot:ps. by inducing and maintaining united action of labor and . 

manageme1~t under adequate governmental sanctions and supervision, by eliminating unfair competitiYe practices, by promoting the 

fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except a~ may 

be temporarily required), by increasing the consumption of industrial 

and agricultural products through increasjng purchasing pmYer, by 

reducing and relieving unemployment, by improYing standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said J ndnstry normally employs not more than 50,000 employees ; and is not classifi€d 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 

1imita6on Subsection (a) of Section 3, Subsection (a) of Section 7, 

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

association is an industrial association truly representative of the 

aforesa icl industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 
300 

(d) The Code i · not d igned to a1 d will not permit monopolies 

or monopoli. tic practices. 

(e) The Code i · not designed t and will not eliminate or oppress 

small enterpri. es and will not op rat to li. criminate against them. 

(f) Those engaged in other step.· of the economic process have 

not been deprived of the rio·ht to be heard p.!'!ior to apr roval of 

aid Code. 

For the reasons, there-for"' , I have approved this Code. 

Respectfully, 

JANUARY 22, 1934. 

l-1 GH S . • JOID.;"SON, 

1cllninistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

SLATE INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial Re· 

covery Act and for the purpose of conserving a natural resource in 

rehabilitating the Slate Industry and enabling it to do its part toward 

the restoration and maintenance of highest practical degree of public 

welfare, the following provisions are established as a Code of Fair 

Competition for that Industry, and shall be the standards of fair 

competition for that Indu try and binding upon every member 

thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Slate Industry " or " Inclu try'' as used 

herein means and includes the quarrying and selling, the proces ing 

and selling and/ or the selling by agencie set up and controlled by 

a quarrier or group of quarriers of slate and slate products (excepting 

late granules) and such related branche or subdivi ions thereof as 

may from time to time be included under the provi ions of this 

Code by the President after uch notice and hearing as he may 

pre. cribe. 

SEc. 2. Divi ·ion of Industry. The terms " Divi ion of Inclu try" 

or "Divi ion ' shall mean and include the following : ( 1) The Slate 

Roofing Division, which deals with slate u eel for roofino· purpo e ; 

(2) Th Structural an l Electrical Division, which deals with late 

used for tructural and electrical purpo es; ( 3) The Black boa r l 

Slat Divi ·ion , which deals with late used for blackboard purp e , and al o .·u h other clivi ions as may be hereafter established. 

SEc. 3. Regions. The term ·" Region " shall mean an l in lu le 

the following area : (1) The Maine region, which ·ball in lude the 

Stat of l\1aine; (2) The N w York-Vermont regi n, whi h hall 

includ the tat · of New York and Vermont· (3) Th P enn yl· 

vania-Marylan l region, whi h shall in lude the State · of P nn ylvania and Maryland, an l ( 4) The Virginia region, whi h hall 

include the State of Virginia· ( 5) other region or ar a in which 

quarrie. are worked or may be h r after c1 v loped hall be in lud d 

h reun ler. 

E . 4. Di tri t. Th term 'Di ·tri t ... hall m an an(l inclu l a 

]o ality in whi h on or m r quarrie are workin · th . am or 

adjac nt v ins pro lu in . ubstantially the . am kind of ·lat . 

(301) 
302 

SEc. 5. T he term " employee" as used her ein include anyone exc pt a member of the industry engaged in the Slate Industry in any 

capacity receiving compensation for his services, irr espective of the 

nature or method of payment of such compen ·ation. 

SEc. 6. The term "employ r " as u ·e l harein inclu les anyone by 

\Yhom any such employee is compensated or employed . · 

SE . 7. The t erm " member of the industry" includes anyone engage l in the Slate I ndustry as above defined, either as an employer 

or on his or its own behalf. 

SEc. 8. T he terms " P resident ", "Act", and "Administrator " a: 

u ·eel herein shall mean, respectively, the P r esident of the U nited 

States, the National Industrial Recovery Act, and the Administr ator 

of said Act. 

SEc. 9. The terms " Code Authority"," Division Committee ", and 

" District and Regional Committees " as used her ein sh all mean the 

administrative agency or agencies established pursuant to this Code 

a her einafter provided. 

SEc. 10. The term " member of the Code " includes any member of 

the Industry who shall exp ressly signify assent to this Code. 

ARTICLE III-HoURs 

SECTION 1. :Maximum H our ·. No employee shall be permitted to 

work in excess of forty (40) hours per Y\reek averaged over any six 

( 6) months' period, forty -five ( 45) hours in any one ( 1) week, nine 

(9) hours in any one (1) day, or six (6) days in any seven (7) day 

period except as herein p rovided. 

SEc. 2. E xceptions. These maximum hours fixed jn Section ( 1) 

shall not apply to: 

(a) E mployees on emergency maintenance or emergency repair 

work, involving break-downs or protection of life or property, but 

such employees shall be paid one and one third ( 11/.'i) times the 

hourly r ates for time in excess of nine (9). hours per day or fortyfive ( 45 ) hours per week. 

(b) Slateloaders, shipping clerks, truck drivers, firemen, and 

watchmen , provided, however, that they shall not be permitted to 

work in excess of fifty-six (56) hours in any one (1) week. 

(c ) P ersons engaged in managerial or executive capacity who 

r eceive not less than thirty dollars ($30.00) per week. 

(d) P ersons engaged as traveling salesmen. 

SEc. 3. Combined Time. No employer shall knowingly permit 

n.ny employee to work for any time which when totaled with that 

already performed with another employer or employers exceeds the 

maximnm perJnittec1 herein. 

A RTICLE IV-WAGES 

SECTION 1. Minimum_ wage. No employee except watchmen shall 

be paid at less than the rate of thirty-five cents (35¢) an hour, 

except that in Virginia employees may be paid at ·not less than the 

1·ate of t hirty cents (30¢) an hour. 

SEc. 2. Piecework. Th1. article establishes a minimum rate of pay 

regarc1]e:s of whet her nn employee is compen a tecl on a time rate, 

pi ('<.' \Y ork or other basis. 
303 

EC. 3. R al ju stm~n of vVa. s. Unl ss .·u·h r<'ndjustm nt has 

already b n ma lr br. au. of th operation of th Pr .-id nt's Remplo. ment Agreeme11t the waae rate.- of all E>mploy es r c iYing 

more than tl e minimum rates pr .. crib d above, but l s. than thirtvfiy 1 llar ($35.00) 1 er w k, hall be equitably reaclju.t <1. 

SE . 4. \Vat hmen. \\ atchme 1 hall not b paid le. s tlum at a 

rate of fifteen dollar · ($15.00) per we k. 

SE . 5. Paym nt. All wa ·e. hall be pai 1 in lawful culT ncy or 

by 1egotiable check, at lea t once a month. The ·e wages shall be 

exempt from any payment for p n ion , in. ·nran e ur sick b n fit , 

other than those Yoluntarily paid by th wage earner·, or required 

by law. 

SEc. 6. Handicappe l Person ·. A p rson who e earnino· car a ·ity 

i limited becau e of age or physical or mental hancli ap may be employe l on light work at a wage below the minimum establi heel by 

this Cole if the employer obtains from the State Authority designate l by the United State Department of Labor a certificate authorizing hi employment at such wage and for ·uch hours a shall be 

state l in the certificate. Each employer hall file with the Code 

Authority a li t of all such persons employed by him. 

ARTI LEV-GENERAL LABOR PROVISIONS 

SE 'TTON. 1. R:lght of Labor. (a) Employees shall have the right 

to oro·anize and bargain collectively through representatives of their 

own choosing, and shall b free from the interference, re traint, or 

coercion of employers of labor, or their agents, in the de ignation of 

such representatives or in self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual < id or protection. 

(b) No employee anJ no one seeking employment shall be required as a condition of employment to join any company union or to 

r frain from joinin ·. organizing, or a. sisting a lab r oro-anization 

of hi own choo ing . 

. (c) Employers ·hall ·omply with the maximum hour of labor, 

m1nimmn rate of pay, and other conditions of employment apr roYe l 

or pre ·cribe l by the President. 

SE''. 2. Child Labor. Employers .-hall not employ any per.- ns 

under ighteen (1 ) years of age . 

EC. 3. State Laws. \Vithin each tate no provi ion· of thi Code 

shall upcL·ecle any lay,r · of . n ·h state impo ·ing mor tringent requir ments r gulating the age of mploy ·, \vao· , hour f w rk, 

or health, fire or general workino· con lition ·, than under th Code. 

E ·. 4. on pany Home · L ncl tore . Employee other than 

maint nan or . upetTi.- ry m n or tho. e n ce ·. ary to prot t the 

property ·hall not b requir l a.- a condition of emplo_rm nt t 

liY in homes rent d from th mploy r or t tnH.l at th tore 

spe ifie 1 by tl e employer. 

~ EC . 5. af ty an 1 li alth. Ea h mployer will u. 

cleaYor 1. o aclmin i t r work in hi. charg 

mum pra ti a l ontinuit~r f emrl . m ll 

for th ir . af ty an 1 health <lnrin o· the h ur.-
304 

SEc. 6. 1\eclassifieation. No employer shall reclassify employees 

or luties of occupation · performed or engage in any other subterfuge for the purpose of defeating the provisions of the Act or of 

this Code. SEc. 7. Po ting.-All employers shall post complete copies of this 

Code in conspicuous places accessible to employees. 

ARTICLE VI-J\1ARKETING PRACTICES 

SECTION 1. Open Price Policy.-(a) \Vithin twenty (20) days 

after approval of the code by the President all members of the 

Industry shall publish, and from time to time thereafter, as conditions require, may revise their price lists, including list prices, terms 

of delivery, and cash discounts, together with trade discount sheets 

applying to each class of customer, for each recognized-standard 

classification of slate and slate products which they offer for sale. 

They shall deliver such price lists and trade discount sheets and 

revisions thereof to the Slate Industry Code Authority ten (10) days 

in advance of the effective date thereof, unless the Slate Industry 

Code Authority shall a ut.horize a shorter period. Sufficient copies 

of such price lists, and revisions thereof, together with discount 

E:heets and any changes therein, with notice of effective date specified, 

shall be delivered to the Code Authority to pern~it of innnediate 

sending of same to all known Members of the Industry, ·elling the 

same slate products, who thereupon mcty file, if they so desire, revisions of their price list and/ or discount sheets to meet the price first 

filed which shall become effective upon the date when the revised 

price list or discount sheet first filed goes into effect. 

(b) No Member of the Industry shall sell directly or indirectly 

by any 1:n~ans wha~oeve~ any prod~1ct of the indu~try covered by 

the prov1s1ons of this Art2ele at a pnce lower or at chscounts greater 

or on more favorable terms of payment than those provided in his 

current price lists and trade discount sheets for respective classes of 

customers. 

SEc. 2. No Member of the Industry shall by means of any secret 

rebate, special discount or by selling or offering for sale nonstandard 

grades, sizes, dimensions or classifications of slate and slate products, 

or other means attempt to violate or evade the terms of the Code set 

forth in this Article. 

SEc. 3. Liquidation of Stocks. Inventories of slate which must be 

liquidated by any Member of the Industry may be sold at such prices 

as are necessary to move slate into buyers' hands; howevor, all such 

stocks mu t be reported to the Slate Industry Code Authority and 

disposed of subject to the approval of that Authority. 

SEc. 4. Selling Below Cost. (a) Except as specified in Section 

3 of this Article no :Member of the Industry shall sell or exchange 

any slate or slate products at a price or upon such terms o~· conditions as will result in the purchaser paying for such product less than 

the average district cost of tlrat Member of the Industry's district for 

that product. • 

(b) The methods of determining, and the agencies who determine, 

the average district cost shaH bo establic::hed by the Code Authority 
oubject to the approYal of the Administrator; but in . 

an~rage district costs from individual members' cost reconTs the cost 

of at least that 4:0% of the :Members of the Inclu~try of each particular district having the highest costs shall be exc:ludea. rntil hi. 

average district cost is aYailable. no :Member of the In<lnstry shall 

ell or exchange any product below his own in<li'l'idnal cost, computed by accounting methods established by the Code Authori(t and 

approYecl by the Achnjnistrator, except to meet the competition of i 

:Member of the Industry having a lower cost for the same product. 

(c) The Code Authority shall establish a uniform method of 

accounting suitable for the Industry subj ect to the appro\-al of the 

Adminjstrator. Each :Member of the Industry shall use a cost accounting system at least as detailed as that so established by the Code 

uthority. I3ut the determination of a :Member 1s average cost forth 

purpo::;es set forth in S ubsections (a) and (b) of this Section shall 

not include : depreciation, interest on capital. and reserves for contingencies, or other purposes. 

( cl) The provisions of this Article shall apply to all stocks of 

.Thiembers of the Industry now on hand, as well as to future production, except that all contracts for delivery of slate entered into prior 

to the approYal of this Code by the President shall be executP(l as 

per agreed terms, unless by voluntary agreement the contr acting 

parties set new terms. 

SEc. 5. Sales Terms and Oondition s.-(a) All members of the Industry shall adopt and maintain such uniform cr edit and contract 

terms and other uniform, fair, anll equitable sales practices as established by the Code Authority with the approval of the Administrator, 

(b) \Yithin ten (10) days after the effectiYe elate of this Cod0~ 

each .Thfember of the Industry sha 11 publish and file with the Cor! 

Authority all qualifications 'IYhich have been established by him to 

determine the prices, terms, or conditions of sale made applirable 

by him to the differ ent classes of his trade or custome rs, for procl'lctr· 

coyered by this Code. H e shall publish and file promptly wit~1 tL , 

ode Authority any changes mndc by him in such qualifications and 

any additional qualifications. 

(c) Each member shall file at such times, in such manner. aml at 

such places as may be designated by the Code Authority the name 

and locations of all direct sales agents, branch offices, comnn c;sion 

epre~entatiYes, and salesmen ' ' ith "·hom they haYe contractc>il for ~:a e of their product . 

. n .. RTIC:LE YII-...:.\.D:\IIXISTH. TIO~T 

:\_ l' t hi:-; cl 
306 

vania-Maryland Regjon or two (2) from the New York-Vermont 

Region, or one ( 1) from the Maine Region. When matters pertaining to the roofing- late division of the Industry are brought before 

the Code Authority an individual elected by and from the members 

of the Code in the Virginia Region hall sit with the Code Authority 

with full voting power. The Administrator, in his discretion, may 

appoint not more than three (3) additional members, without vote, to 

repre(;:ent the Administrator or such groups or :\nterests as he may 

specify or approve, to serve for terms of twelve months. 

(b) In each region there shall be selected, by methods approved 

by the Administrator, ·uch regional and district committees as may 

be required, to as ·i t the Code Authority in the administration of the 

Code under .·uch regulations as the Code Authority may provide. 

(c) The National Slate Association shall: ( 1) Impo e no inequitable restriction on membership, and (2) submit to the Administrator true copies of 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 purpo ·e.· of the 

Act. 

(d) In order that the Slate Indu try Code Authority shall at all 

time.· be truly representatiYe of the Industry and in other respects 

comply ·with the provisions of the Act, the Administrator may provide such hearings as he may deem proper; and thereafter if he shall 

find that the Slate Industry 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 

sele tion of the Slat.e Industry Code Authority. · 

SEc. 2. Po·wers aud Duties. The Slate Industry Code Authority 

shall have the followi ng cmties an l 1 owers to the extent permitted 

by the Act, ·ubject to the right of the Administrator on review to 

disapprove any action taken by it. 

(a) To use .·ueh trade as ociations and other agen ie · as it deems 

proper for the carrying out of any of its activities provi led for 

herein and to pay . nch trade a. ·socia.tions and ageneies the cost 

hereof, provided that nothing herein shall relieve the Code Authority of its lnties or responsibilities under thi Code an l that 

sueh trade assoeiation and ageneies shall at all times be subject 

to and compl} with provisions hereof. 

(b) To obtain from member · of the industry such information 

and reports as are required for the Administration of the ~ode and 

to provide for submission by members of such information and 

reports as the Administrator may deem neeessary for the purposes 

recited in Section 3 (a) of the Act, which information and reports .·hall be ubmitted by members to sueh administrative andj or government ageneies as the Administrator may designate; provided 

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

of any existing obligations to furni h reports to any government 

agency. No in lividual reports shall be diselosed to any other members of the indu try or any other party exeept to such governmental 

agencie as may be designated by the Administrator. 

(c) The Code Authority may designate a. planning board or committee whose function and duties shall be the betterment of the In-
307 

dustry \through improvement o:f conditions within the Industry and 

througn cooperative action with other inllnstrial gronps, subj<?ct t 

the approval of the Code Authority. 

( cl) The Code Authority, upon its own initiative, upon request of 

the .Administrator, or upon complaint in writing by an interested 

party or group, may make such inquiries or inYcstigations as may be 

nec<?ssary to administer effectively the provisions of this Code. 

(e) ~fembers o:f the Industry shall be entitled to participate in 

ancl share the benefits of the actiYities o:f the Code ... \uthority and to 

participate in tlle selection of the members t hereof by assenting to 

and complying with th0 requirements of this Cocle ancl sustaining 

their reasonable share of the expenses of its ini6ation and administration. The reasonable share of the expenses o:f its initiation and 

administration shall be determined by the Code Authority, subject 

to revie\Y by the Administrator, on the basis of volume of busine::;. 

and/ or such other f actors as may be deemed equitable to be taken 

into consideration. 

(f) Any interested party shall have the right of CQ1nplaint t 

the Code Authority and a prompt hearing and decision ther eon, under 

such rules and r egulations as it shall prescribe, in respect to any 

act of any agent or agency designated by the Code Authority to act 

in its behalf. 

(g) Nothing contained in the Code sh?-11 be deemed to constitute 

any of the members thereof partners for any purpose. No member 

of the Code shall be liable in any manner to anyone for the act of 

any member or agent of the Code Authority performed pursuant to 

the provisions of this Code. No m_ember of the Code and no member 

or agency of the Code Authority shall be liable to anyone or in any 

manner other than as provided in the act, or in the Code, for any 

act performed in accordance witb, or for any failure to act required 

by, the pro;isions of the Code. 

ARTICLE VIII-TnADE PRACTICE, 

The following practices constitute unfair methods of competition 

for members o£ the Slate Industry and are prohibited : 

ECTIO:N 1. False :Marking or Branding.-The false marking or 

branding of any product of the Slate Industry which has the tendency to mislead or deceive customers or prospectiYe custom0rs 

whether as to the grade, quality, quantity, substance, character, nature, origin, size, finish, or preparation of any product of the Slate 

Inclu.stry. 

EC. 2. ~1i representation or False or l\tlisleacling Advertising.-

The making or causing or knowingly permitting to be made or published any false, materially inaccurate, or deceptin' statement by 

way of advertisement or otherwise, whether concerning the grade: 

quality, quantity, substance, character, nature, origin, size, finish, or 

preparation of any product of the Slate Industry or the credit term 

values, policie,s, or services of any member of the Slate Industry, 

having the tendency or capacity to mislead or clecciYe customers or 

prospecti vc customers. 

EC. 3. Commercial Bribery.-N o member 

p ermit to be gi,·en, or directly offer t 

the Industry shall 

nnythino· of YnltH' . r 
308 

for the purpo. e of influencing or rewarding the action of any employee, agent or representative of another in relation to the busine ·s 

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

represented party, without the knowledge of such employer, princii al or party. Commercial bribery provi. ions 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 ommercial bribery as hereinabove defined. 

SEc. 4. Interference with Contractual Relations. Maliciously inducing or attempting to induce the breach of an existing oral 

or written contr&.ct between a competitor and his customer or source 

of supply, or interfering \vith or obstructing the P.erforman e of any ·uch contractu al duties or services. 

SEc. 5. Secret Rebat.es. The secret payment or allowance of reba tes, r efunds, commissions, credits, or unearned discount ·, whether 

in the form of money or otherwise, or the secret extension to certain 

purchasers of special services or privilege. not extended to all purcha ·ers on liH:e term · and conditions. 

SEc. 6. Defamation. The defamation of competitors by falsely 

imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations 

or by the false disparagement of the grade or quality of their goods. 

SEc. 7. Sub titution. The furnishing of slate not uitable for a 

purpose ordered or the shipping of products which do not conform 

to the samples submitted or repre entations or change in pecification 

npon which order was placed, made prior to ecuring the order, without the. con. ent of the purehaser to such substitution. 

SEc. 8. E pionage of Competitors. Securing confidential information concerning the business of a eompetitor by a fal e or mis- leading statement or repre entation, by a 'false impersonation of one 

in authority, by bribery, or by any other un'fair method. 

SEc. 9. Infringement of Patents. Imitating trade marks, trade 

name , og an ~ or other marks of identifieation of competitors and 

the appropriation of catalog and advertising form , con titute a violation of this Code. 

SEc. 10. To aid and abet the practice known as " bid peddling." 

SEc. 11. Consigned Goods. The shipping of -late or slate products on consignment. 

SEc. 12. Other Unfair Practices. Nothing in this Code .-hall limit 

the effect of any adjudication by the Courts or holding by the Fedual Trade Commission on complaint, finding, and order, that any 

practice or method is unfair, providing that such adjudication or 

holding is not incon. i. tent with any provision of the Act or of this 

Code. 

SEc. 13. As far as po sible, employers in the Slate Industry will 

promote employment by following the Simplified Practice Recommendations of the Department of Commerce R13-28 on Structural 

Slate, R14-28 on Roofing Slate, and R15 on Blackboar l Slate, in 

their production an l sale promotion efforts and endeavor to have 

f- pecifiers o£ late require the sizes provided in these recommendations. 
309 

AnTI ·r~E IX-::Uoou·r '.\TTOX 

SE 'TIO. 1. Thi od an l all he provi ·i n. · th reo£ ar :xpre ly 

made '"'ubje t th right of the Pre i l nt in accor la1.~.ce with the 

pro,·i ion f nb ection ( L>) of ction 10 £ th T a ional Indn trial 

RecoYery \..ct, from time to time to an · l r mo lify any or l r, 

appro"':'al, licen · ., rule r reo-nlation i ·sue<l uncl r Title I of .-aid ct, 

an l pecifically, but wi hout limitation t th right of the Pre ·i lent 

to cancel or mo lify his appro,·al of hi · ode or any con litions 

impo eel by him up n hi · appr Yal thereof. 

EC. 2. TLis od , .·cept a. to proYisions r quired by the Act may 

be modified on the basi of exp rience or chang in circum tance or 

supplemented to meet marketing need· of thi · natural-re ource in lu ·-

try, uch modification to be ba ·eel upon appli ation to the Admini ·- tr·ator and such notic anl hearino- a · he .-hall pc if}, and to be ·ome 

ffectiv on approYal of the Pre ident. 

AnTI 'LE X- 1UoxoPOLIE. , ET ·. 

No pron. 1ons o£ thi. Co l ·hall be o a pplie l as to permit 

manor olie · or monopoli ti practice ·, or to liminate oppre · , or 

di riminate again t small enterprises. 

ARTICLE XI- PRICE IN REA 'E 

Where a the policy of the Act to increa. ·e real purcha ·ing power 

will be made impo ible of con ummation if pri e of goo l · and 

ervice · increa e as rapidly as wages it is recognize l that pri e 

in rea ·e . honll be d layed and that, when made the ame houll, 

·o far a· rea. onably po. ible, b limite l to actual increa::;e in the 

eller · · t ·. 

\.nn Ll<~ :XII- EF'FE 'TIYE DATE 

'Ihi Code shall be· me effe tive ten (10) la after it.- approval 

by the Pre iclent. 

ApproYec1 ode ... o. 21 . 

llegi ·try No. 1023-10. 

0 
UNIVERSITY OF FLORIDA 

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