Approved Code No. 471 Registry No. 1420-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TRAILER 

MANUFACTURING INDUSTRY 

AS APPROVED ON JUNE 26, 1934 

'WI DO OUR PART 

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UNITED STATES 1 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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For ale by the 9uperintendent or Documents, Waahin1ton, D.C. - - - - • • - • Price 6 cenCs 

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

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

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Birmingham, Ala. : 257 Fe<leral Building. 

Boston, Mass. : 1801 Customhouse. 

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Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 471 

CODE OF FAIR COMPETITION 

FOR THE 

TRAILER MANUFACTURING INDUSTRY 

As Approved on June 26, 1934 

ORDER 

CODE OF FAIR COMPETITION FOR THE TRAILER MANUFACTURING 

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 Trailer Manufacturing. Industry, and 

hearing 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: 

NO"\V THEREFORE, on behalf of the President of the United 

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

pur.suant to authority vested in me by Executive Orders of the President including Executive Order No. 6543-A, dated December 30, 

1933 and otherwise; do hereby incorporate by reference said annexed 

report and do find that said Code complies in all respects with the 

pertinent provisions and will promote the policy and _purposes of 

said Title of said Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved; 

Provided, however, that the :provisions of Article VII, Section 5, 

insofar as they prescribe a wa1tins- period between the filing with 

the Code Authority and the effective date of r evised price lists or 

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

pending my .further order; and 

Provided, .further that the provisions of Article VII, Section 6, 

insofar as it provides that prices in no event shall be less than the 

individual member's cost, be and they are hereby stayed for a period 

of sixty ( 60) days and thereafter, unless, during such period good 

cause is shown why such stay should not be made permanent, and 

I by my further order otherwise direct; and 

Provided, further, that the continued participation of the Trailer 

Manufacturers' Association in the Code Authority after thirty days 

70244°-657-155-84 (131) 
132 

:from the effective date of this Code shall be contingent upon its 

amending its constitution and by-laws to the saJ_is:faction o:f the 

Administrator. 

HuGH S. JoH 'SO :r, Admini,st?-ator for Industrial Recovery. 

Approval recommended: 

C. E. ADAlVIS, 

Di1;ision Admvnistrator. 

\VASHINGTON, D.C., 

Jime 26, 1934. 
• 

REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: The proposed Code of Fair Competition for the Trailer 

Manufacturing Industry was submitted to the Administrator on 

August 30, 1933, by the Trailer :Manufacturers' Association, representing at least 80% of the volume of production and 70% of the 

number of manufacturers in the Industry . . The hearing was conducted in Washington on January 11, 1934, 

and the Code was revised during the recess of this hearing and 

submitted in its present form for approval. Every person who 

requested an appearance was properly heard in compliance with 

statutory and regulatory requirements. 

The Industry is nation-wide in scope of operation, with a market 

which includes large interests and the individual consumer. Figures 

submitted show a growth from 5 establishments in 1928, to 45 in 

1933, with an increase in employees from 1305 in 1928 to 2650 in 

Auo-ust, 1933. Annual sales, on the other hand, have not keJ?t pace 

with the increase in employment, only a slight increase h.avmg occurred from a figure of $7,500,000.00 in 1928 to $8,500,000.00 in 1932, 

the last year for which annual sales reports are available. 

ARTICLE I. Purpose.-States the purpose of the Code. 

ARTICLE II. Definitions.-Accurately defines the specific terms al?-

plicable to the Trailer Manufacturing Industry, as used in this 

Code. ARTICLE III. H ours.-Maximum hours are limited to 40 hours in 

any 7 day period, except that during any 6 weeks in any 26 week 

period, overtime not exceeding 8 hours in any 7 day per10d is permitted. Watchmen shall not be permitted to work more than 56 

hours per week. Travelling salesmen, and executives, supervisors, 

!1nd managers who earn not less than $35.00 per week, are not subject 

to any hourly limitation. The maximum hours shall not apply in 

cases of emergency: maintenance or repair work involving breakdown 

or protection of hfe or property. 

ARTICLE IV. W ages.-The minimum wages for employees, whether 

actually compensated on a time r ate, piecework or other basis, is at 

the rate of 40¢ per hour, with a minimum rate in the South and 

in communities of less than 50,000 population of 35¢ per hour, except 

as otherwise provided. No office or clerical employee shall be paid 

less than $15.00 per week, except that in the South and in communi- ties of less than 50,000 population, the rate shall be not less than 

$14.00 per week. Office boys or girls may be employed <;J.t a rate not 

les than 80% of the minimum rate paid office employees. Equitable 

adjustment of all pay schedules above the minimum shall be reported by each employer. Provision is also made for the employing 

of handicapped persons. 

(133) 
134 

ARTICLE V. General Labor P1·ovuions.-Provides that no person 

under 16 years o:f age shall be employed, and that no persons under 

18 years of age shall be employed at operations or occupations which 

are hazardous in nature or dangerous to health. The mandatory 

provisions respecting the rights of employees to organize and bargain 

collectively are included. ~eclassifications of employees :for purposes of subterfuge is prohibited. Employers shall provide for the 

safety and health of employees, observe State and Federal Laws and 

shall post copies of pertinent parts of this Code so as to be accessible 

to employees. 

ARTICLE VI. Organization, Powers and Duties of the Oode Authority.-Establishes a Code Authority consisting of 5 persons, 4 

of whom are to be selected by the Trailer Manufacturers' Association, 

and 1 to be selected by non-members of the Association, under a plan 

to be approved by the Administrator. In addition, the powers and 

duties of the Code Authority are set forth. 

ARTICLE VIL Trade Practices.-Sets forth :fair trade practices for 

the Industry, and furthermore provides for the filing of open prices, 

effective not less than 10 days after filing. 

ARTICLE VIII. Ewport 1'rade.-Sets forth that 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 IX. M odification.-Sets forth that this Code and all provisions thereo:f are expressly made subject to the right of the President in accordance with Sub-section (b) of Section 10 o:f the Act, 

from time to time to cancel or modify any order, approval, license, 

rule or regulation issued under said Act. Provision is made that 

amendments may be submitted by the Code Authority or in behalf 

o:f the Industry or subdivisions thereof, :for approval by the 

Administrator. · 

ARTICLE X. M onopolies.-Sets :forth that no _provision of this 

Code shall be so construed or applied as to permit monopolies or 

monopolistic practices, or to eliminate, oppress, or discriminate 

against small enterprises. 

ARTICLE XI. Eff ecti11e Date.-Sets :forth the effective date of this 

Code as the fifteenth day a:fter its approval by the President. 

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 o:f 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 o:f 

industry for the purpose of cob.Perative action amon~ the trade 

groups, by inducing and maintaining united .action or 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 
135 

industries, by a-voiding undue restriction of production ( except as 

may be temporarily required), by increasing the cons11mption 0£ 

industrial and agr1cultural products through increasing purchasing power, by reducin~ and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Oaid Industry normally employs not more than 50,000 employees, and is not classified by me as a major industry. 

( c) The Code as aJ?proved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Sub-section (a) of Section 3, Sub-section (a) of Section 7, and 

Sub-section (b) of Section 10 thereof, and that the applicant association is an industrial association truly representative of the aforesaid industry, and that said association 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 proces~ have not 

been deprived of the right to be heard prior to approvaJ. of said Code. 

For these reasons, therefore, this Code has been app:oved. 

Respectfully, 

JUNE 26, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR C01fPETITION FOR THE TRAILER 

lVIANUF ACTURING 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 Com- 'petition for the Trailer :M:anufacturin~ Industry, and shall be the 

standards of fair competition for such industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Trailers" as used herein is defined to mean any 

commercia.l vehicle attached to or towed behind any motor vehicle, 

including, but without limitation, passenger automobiles, trucks and 

truck tractors, but excluding motorcycles, for carrying passengers 

or freight of any description. 

2. The terms ~, trailer manufacturing industry", "trailer industry" or "Industry" as used herein are defined to mean the manufacturing or assembling and sale by the ma.nufacturer or assembler 

of Trailers and bodies therefor, and of component and repair parts 

and accessories by manufacturers or assemblers of trailers, and such 

related Branches or Subdivisions as may :from time to time be included under the provisions of this Code by the President or the 

Administrator after such notice and hearing as he may prescribe. 

3. The term "Association" as used herein, means Trailer Manufacturers' Association, a trade association a.t present having its office 

at 7 East 44th Street, New York City. 

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 term "employer" as used herein, means anyone for whose 

benefit such employee is so engaged. 

6. The term ' member of the industry" includes but without limitation, any individual, partnership, association, corporation or other 

form of enterprise engaged in the industry, either as an employer 

or on his or its own behalf. 

7. The terms "President", ~Act" and "Administrator" as used 

herein, mean respectively the President of the United States, Title 

I of the National Industrial Recovery Act and the Administrator 

for Industrial Recovery. Population for the purposes of this Code 

shall be determined by reference to the 1930 Federal Census, and 

Tra.de Areas shall be defined according to the maps of the U.S. 

Department of Commerce. 

ARTICLE III-HoURs 

1. No employee shall be permitted to work jn excess of eight (8) 

hours in any twenty-four (24) hour period or forty (40) hours in 

any seven (7) day period, except as herein below otherwise provided. 

(136) 
137 

2. The provisions of the above Section 1 shall not apply to: 

A. Traveling salesmen. 

B. P ersons engaged in a supervisory, managerial or executive ca,-

pacity, who earn not less than Thirty-five ($35.00) Dollars per week. 

C. vVatchmen, who hall not be permitted to work in excess of 

fifty-six (56) hours in any one week. 

3. Employees may be permitted to work in excess of the maximum 

hours provided in Section 1 of this Article durine; any six ( 6) weeks 

in any twenty-six (26) weeks' period, provided, that during such 

six ( 6) weeks, such overtime shall not exceed eight ( 8) hours in 

any seven (7) day period; and provided further, that compensation 

at a rate of at least one and one-half (11⁄2) times the regular rate 

shall be paid :for hours worked in excess of eight (8) hours in any 

twenty-four (24) hour period, or forty ( 40) hours in any seven (7) 

day period. 

4. The maximum hours provided in Section 1 of this Article shall 

not apply to any employees engaged in emergency maintenance or 

emergency repair work involving breakdowns or protection of life 

or property, but compensation at a r ate of at least one and onehalf (11⁄2) times the regular rate shall be paid to such employees for 

all hours worked in excess of eight (8) hours in any twenty-four 

(24) hour period, or forty ( 40) hours in any seven (7) day :period. 

5. No employee shall be permitted to work more than six ( 6) 

days in any seven (7) day period. 

6. No employer shall perform the :functions of any employee, 

except in compliance with the provisions of this Article. 

7. No employer shall knowingly permit any employee to work :for 

any time which when totalled with that already performed with 

another employer or employers, exceeds ·the maximum hours permitted herein. 

ARTICLE IV-WAGES 

1. No employee, except as herein otherwise provided, shall be paid 

less than at the rate of :forty ( 40¢) cents per hour. 

(a) In communities of less than 50,000 population and in the states 

of North Carolina, South Carolina, Georgia, Alabama, Florida, 

Tennessee, Mississippi, and Louisiana, no employee shall be paid less 

than at the rate o:f thirty-five (35¢) cents per hour. 

2. No office or clerical employee, except as herein otherwise provided shall be paid less than at the rate of fifteen ($15.00) Dollars 

per week. 

(a) In communities of less than 50,000 population and in the states 

of North Carolina, South Carolina, Georgia, Alabama, Florida, 

Tennessee, Mississippi and Louisiana, no such office or clerical employee shall be paid less than at the rate of fourteen ($14.00) Dollars 

per week. 

3. Office boys or girls may be employed at not less than eighty (80) 

per cent of the minimum rate set forth in Section 2 of this Article 

IV; provided, that the number of such office boys or girls in the 

employ of any member of the industry shall not exceed five (5) per 

cent of the total number of office employees of such member, but at 
• 

138 

least one such office boy or girl may be employed by any member of 

the industry. 

4. This Article establishes minimum rates of pay which shall 

apply irrespective of whether an employee is actually compensated 

on a time rate, piecework, or other basis. 

5. Each employer shall make an equitable adjustment of all pay 

schedules aboYe the minimum and not later than thirty (30) days 

after the effective date of this Code, each employer in the industry 

shall report to the Administrator, through the Cocle Authority hereinafter provided for, the action taken by such employer since June 

16, 1933 in adjusting the hourly wa~e rates for all employees receiving more than the minimum rates. ;::;uch adjustment shall not reduce 

the hourly wage rate of any such employee. 

6. Female employees performing substantially the same work as 

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

7. 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 U.S. Department 

of Labor a certificate authorizing his employment at such wages and 

for such hours as shall be stated in the certificate. Such Authority 

shall be guided by the instructions of the U.S. Department of Labor 

in issuing certificates to such persons. Each employer shall file with 

the Code Authority a list of all such persons employed by him. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed 

in the Trailer Industry. ·No persons 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 ninety (90) 

days from the effective date a list of such 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 is ue employment or age certificates or permits showing that the employee is 

of the required age. . 2. 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 purpo e 

of collective bargaining or other mutual aid or protection. 

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. Employers shall comply with the ma.ximun1 

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

employment approved or prescribed by the President. 

3. No member of the industry shall reclas ify employees or duties 

or occupations performed or engage in any other subterfuge for 

the purpose of defeating the purposes or provisions of the Act or 

of this Code. 
• 139 

4. Every employer shall make reasonable provisions for the safety 

ai:id health of his employees at the place and during the hours of 

their employment. Standards for safety and health shall be submitted by the Code Authority to the Administrator for approval 

within six m,onths after the effective date of this Code. 

5. No provision in this Co<le 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. 

6. All employers shall post in conspicuous places accessible to 

employees full copies of Articles III, IV and V, and any other 

labor provisions of this Code, in accordance with such rules and 

regulations as may be established by the Administrator. 

ARTICLE VI-ORGANIZATION, PowERS AND DuTIES OF THE ConE 

AUTHORITY .

1 

1. There is hereby constituted a Code Authority consisting of five 

( 5) persons, four ( 4) members thereof to be selected by the Trailer 

Manufacturers' Association by a majority vote of the members present at the annual meeting held on January 10, 1934,1 as adjourned, and 

at each annual meeting of said Association thereatt~r, so long as this 

Code shall be in effect, and the other member of said Code Authority 

to be selected by a fair method of selection, approved by the Administrator by nonmembers of the Association who have assented to and 

are complying with this Code. 

2. In addit10n to membership as hereinabove provided, there may 

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

appointed by the Administrator, to serve for such terms as may be 

specified by the Administrator. 

3. Each trade or industrial 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-laws, 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. 

4. In order that the Code Authority shall at all times be truly representative of the industry and in other respects comply with the 

provisions of the Act, the Administrator may prescribe such hearings as he may deem proper; and thereafter if he shall find that the 

Code Authority is not truly representative or does not in other respects comply with the provisions of the Act, he may require an 

appropriate modification in the method of selection of the Code 

Authority. 

5. Nothing contained in this Code shall constitute the members of 

the Code Authority partners for any purpose. Nor shall this Code 

be construed to render any member of the Code Authority liable in 

any manner to anyone for any act of any other member, officer, agent, 

or employee of the Code Authority. Nor shall this Code be construed 

1 See paragraph 5 of order approving this Code. 
140 

to render any member of the Code Authority, exercising reasonable 

diligence in the conduct of his duties hereunder, liable to anyone 

for any action or omission to act under this Code, except for his own 

willful malfeasance or non-f easance. 

6.· Members of the industry shall be entitled to vote for the Code 

Authority as above provided and participate in and share the benefits of the activities of the Code Authority by assenting to and complying with the requirements of this Code, and sustaining their pro 

rata share of the expenses of its administration as determined by 

the Code Authority, subject to approval by the Administrator, on 

the basis of volume of business, or such other factors as may be 

deemed equitable. 

7. If the Administrator shall at any time determine that any 

action of the 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 

not be e-ffective 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. 

8. Subject to such rules and regulations as may be issued by the 

Administrator, the Code A(!.thority shall have the following _powers 

and duties, in addition to those authorized by other provis10ns of 

this Code. 

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

provide for the compliance of the members of the Industry with the 

provision of the Act. 

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

and for the administration and enforcement of the Code. 

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

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

provide for submission by members of such information and reports 

as the Administrator may deem necessary for the purposes recited 

in Section 3 (a) of the Act, which information and reports shall be 

submitted by members to such administrative and/or government 

agencies as the Administrator may designate; provided that nothing 

in this Code shall relieve any member of the Industry of any exi ting obliga,tions to furnish reports to any government agency. No 

individual reports shall be disclosed to any other member of the 

Industry or any other party, except to such governmental agencies 

as may be designated 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 f r 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this ode and that such tra le 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

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

if any, as may be related to the Industry. 

( f) To secure from members of the Indu try an equitable and 

proportionate payment of the reasonable expenses of maintaining 
141 

the Code Authority and its activities, in conformity with Section 6 

of this Article VI. 

(g) To recommend to the Administrator further fair trade practice provisions to govern members o:f the Industry in their relations 

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

Administrator measures for industrial planning, including stabilization of employment. 

A:ijTICLE VII-TRADE PRACTICES 

The following practices are hereby declared unfair methods of 

competition and no member of the Industry shall engage in such 

practices. 

1. To make contracts, blanket orders, or other commitments guaranteeing prices, except upon firm orders for definite quantities and 

definite times of deli very. 

2. To demonstrate Trailers to any customers or prospective customers :for more than one period of seventy-two (72) hours; or to loan 

or rent Trailers to any customer or prospective customer, except in 

accordance with the following requirements ; (a) Such Trailers hall 

not be loaned or rented for more than one period of thirty (30) days; 

and, (b) There shall be an adequate rental charge based upon the 

value of the Trailer loaned or rented. 

3. To sell Trailers or permit them to be sold with a represented 

capacity more than the rated capacity of the axles of said trailers, 

having regard to the distribution of the load on the axles. No 

member of the industry shall represent the gross load which can be 

carried by the trailer axle or axles to be greater than the manufacturer's rated capacity. These rated capacities shall be stated in 

specifications, and a complete list of axle sizes and rated capacities 

shall be filed with the Code Authority, which shall make the same 

available to all members of the industry as well as to customers 

or prospective customers. 

4. To sell products of the industry to any customer at net realized 

prices lower than are offered to all other customers of the same 

classification for the same quantity, grade, quality, or style, provided, 

however, that due allowance may be made for differences in transportation costs. The Code Authority shall recommend to the Administrator a fair and equitable classification of customers based 

upon services rendered. Upon approval of the Administrator, after 

such hearing as he may prescribe, such classification shall be adhered 

to by all members of the industry. If any application of the foregoing classifications should work unjust hardship upon any member 

of the industry or any customer, such member of the industry or 

customer may appeal to the Code Authority, which shall have power 

to make or require, subject to approval by the Administrator, such 

reclassification as justice demands. 

5. To fail to file with the Code Authority a net price list or a 

price list and discount sheet, as the case may be, individually prepared by the member of the industry showing his current price , or 

prices and discounts, and terms of paym~nt on products of the 

industry other than special trailers to the respective classes of customers established pur uant to Section 4 of this Article VII. The 
142 

Code Authority shall immediately send copies thereof to all other 

members of the industry. The Code Authority shall likewise make 

such filed prices available for inspection by customers or prospective 

customers of the cla sification or classifications affected. Revised 

price lists, with or without discount sheets, may be filed fron1 time 

to time thereafter with the Code Authority by any member of the 

industry, to become effective upon a date specified by such member, 

which date shall be not less than ten (10) days after the filing of 

such revised prices with the Code Authority and copies thereof with 

notice of the effective date specified shall be immediately sent to all 

other members of the industry who thereupon may file, if they so 

desire, revisions of their price lists and/or discount sheets, which, 

if filed previous t0 such effective date., shall take effect upon said 

date. The Code Authority shall likewise make such revised filed 

prices available for inspection by customers or prospective customers 

of the classification or classifications affected. 

No member of the industry shall sell or offer to sell any product 

at prices, discounts or terms of payment other than as provided in 

the schedule of such member on file with the Code Authority, as 

above provided. 2 

6. To fail to calculate prices f·or special trailers on the same basis 

as those for which prices are filed, which prices in no event shall be 

less than the individual member's cost. There shall be no requirement for the publishing or filing of list prices for special trailers.3 

7. To sell or offer for sale any product of the Industry by any 

false means or device which has the tendency and capacity to mislead 

or deceive customers or prospective customers in any material particular as to such product (including but without limitation capacity, quality, grade, substance, or size of such product). 

8. To imitate the trade marks, trade names, slogans, or other marks 

of identification of competitors, having the tendency or capacity to 

mislead or deceive purchasers or prospective purchasers. 

9. To make verbal or written warranties or "guarantees" which 

contain statements and representations respecting the product (including, but without limitation, capacity, weight, method of construction, and character of material used) having the tendency or capacity 

to mislead or deceive purchasers or prospective purchasers in some 

material particular. 

10. To induce or attempt to induce the breach o:f an existing contract between a competitor and his or its customer or source of supply; or to interfere with or obstruct the performance of any such 

contractual duties or services, with the purpose or effect of unduly 

hampering, injuring or embarrassing competitors in their business. 

11. To publish or circulate unjustified or unwarranted threat.s of 

legal proceedings which tend to or have the effect of harassing competitors or intimidating their customers. 

12. Secretly to off er or make any payment or allowance of a rebate, 

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

whether in the form of money or otherwise, or secretly to offer or 

extend to any customer any special service or privilege not extended 

2 See paragraph 3 of order approving this Code. 8 See paragraph 4 of order approving this Code. 
143 

to all customers of the same class, for the purpose of influencing a 

sale. 

13. To give, permit to be given, .or directly offer to give anything 

of value for the purpose of influencing or rewarding the action 

of any employee, agent, or representative of another in relation to 

the business of the employer&~ ,such employee, the principal of such 

agent, or the represented party, without the knowledge of such employer, principal, or party. This Section shall not be construed to 

prohibit free and general distribution of articles commonly usM for 

advertising, except so far as such articles are actually used for commercial bribery as herein above defined. 

14. To make any in,stallment or time sales of new or used Trailers, 

except on the following basis : 

a. :Minimum payment at time of delivery of twenty-five (25%) 

per cent. In the computation of such minimum down payment, the 

value of used equipment accepted in trade, may be included. 

b. Terms shall not be granted beyond eighteen (18) months from 

date of delivery, including period of rental, if any. 

c. Interest shall be required on the deferred balance of the purchase price at the rate of not less than six per cent ( 6%) per annum. 

d. If the member of the industry shall have paid any insurance 

premium in behalf of the purchaser, such ,sums so paid shall be 

repaid to the member in addition to payments made on account of 

the purchase price and interest thereon. 

15. To make allowance for trade-in of any product of the industry in excess of the then actual resale value thereof as may be 

determined on the basis of rules and regulations to be formulated 

by the Code Authority and approved by the Administrator. 

16. After sixty (60) days from the date ·of approval of this Code 

to ,sell or ship products of the Industry on consignment except to 

wholly owned subsidiaries of the selling or shipping member of the 

Industry. If the application of this Section should work unjust 

hardship upon any member o.f the Industry or any customer, such 

member or customer may appeal to the Administrator who shall 

have power to grant such relief as ju,stice may require. 

ARTICLE VIII-EXPORT TRADE 

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

shipping, or marketing shall apply to export trade or sales or shipments for export trade. 

2. With the approval of the Code Authority and the Administrator, an exception similar to that provided in Section 1 of this 

Article shall apply to any sale or shipment of materials actually used 

in manufacture for Export Trade. 

ARTICLE IX-MoomoATION 

1. This Code and all provisions thereof are expressly made subject to the right of the President, in accordance with the provisions 

of sub-section (b) of Section .J.O of the Act, from time to time to 

cancel or modify any order, approval, license, rule, or regulation 

issued under said Act. 
UNIVER S I rv OF FLO R IDA 

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144 3 1262 08852 5646 

2. Such provisions of this Code as are not required to be included 

therein by the National Industrial Recovery Act, may, upon application duly made on behalf of the Industry and with the approval 

of the Administrator, be modified or eliminated. It is contemplated 

that from time to time supplementary provisions to this Code or 

additional Codes may be submitted in behalf of the Industry or various subdivisions thereof for approval. The Code Authority may 

recommend any amendment of this Code and upon approval thereof 

by the Administrator after such notice and hearing as he may 

prescribe, such amendment shall be binding as a part of this Code. 

ARTICLE X-MONOPOLIES 

1. No provision of this Code shall be so construed or applied as 

to permit monopolies or monopolistic practices, or to eliminate, 

oppress, or discriminate against small enterprises. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the fifteenth day after its 

approval by the President, and shall continue in effect until J une 

16, 1935, or until such time prior thereto when the P resident shall, 

by proclamation, or the Congress shall by joint resolution, declare 

that the emergency recognized by Section 1 of the Act has ended. 

Approved Code No. 471. 

Registry No. 1420--01. 

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