yy,i\l2]/^''7 a y 637— F Registry No. 501—05 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE CITY DIRECTORY INDUSTRY AS SUBMITTED ON SEPTEMBER 6, 1933 WE DO OUR PAST UNIV. OF FL LIS. DOCUyENTS DEPT. U.S. DEPOWTORY The Code for the City Directory Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approvaljof the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C, Price 5 cents SUBillTTED BT ASSOCIATION OF NOUTH AMERICAN DIRECTORY IMJBLISHKRS (H) NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE CITY DIRECTORY INDUSTRY Section 1. To effectuate the policy of Title 1 of the National In- dustrial Recovery Act, clurino: the period of the emerg-ency, the fol- lowing provisions are established as a code of fair competition for the City Directory Industry. Sec. 2. In the form in which it is finally approved by the Presi- dent of the United States this code of fair competition will become mandatorv upon the City Directorv Industry throughout the United States. Sec. 3. The Association of Nortli American Directory Publishers is a voluntary association, organized in eighteen hundred and ninety- eight for the purpose of improving City Directory Service by the interchange of ideas. The membership in the Association represents over seventy-five percent of the city Directories published throughout the United States. The Association is governed thi-ough its officers by a Board of Trustees, consisting of eleven members, and an Execu- tive Committee, consisting of three members. Membership in this Association is open to all City Directory Publishers within the United States and Canada. No inequitable restrictions are placed MjDon membership in this Association. Sec. 4. The City Directory Industry includes such persons as are engaged in issuing one or more city directories, the information for each edition of which is secured through personal contact by a can- vass made at each residence and place of business, and who compile said information in convenient form for reference and }irint or cause to be printed said information in book form for distril)ution. Sec. 5. As used herein the term " City Directory " shall mean a book containing a complete alphabetical list of the names of the residents and business concerns of a city, which information is secured at its source by personal solicitation, also a classified list of the business concerns and such other information as may be included therein according to custom and practice. The term " Employers " shall mean all persons who employ labor in the conduct of any branch of the City Directory Industry. The term "" Employees " shall mean all persons employed in the conduct of any branch of the City Directory Industry. The term '' Person " shall mean any individual, partnership, as- sociation, or corporation. The term " Enumerator " shall mean such employees as are en- gaged in securing the names and addresses of residents and business concerns through personal contact by a canvass made at each resi- dence and place of business. Enumerators, by reason of the character of their work, labor Avith- out direct supervision as to the number of hours devoted to their duty. The result of their effort can be measured only in a general way and without regard to the time employed. 9655—33 (1) Sec. 6. Labor PRO\^SIONS. — (1) As required by Section 7 (a) of Title 1 of the National Industrial Recovery Act, the following pro- visions are conditions of this code: " That employees shall have the right to organize and bargain col- lectively 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; " That no employee and no one seeking employment shall be re- quired as a condition of emjdoyment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing: and " That employers shall comply with the maxinuim hours of labor, minimum rates of pay, and other conditions of employment ap- proved or prescribed by the President." (2) It is clearly understood that tlie foregoing paragraphs do not impair in any particular the ccmstitutional rights of the em- ployee and employer to bargain individually or collectively as may be mutually satisfactory to them, nor does it impair the joint right of the employer and employee to operate an open shop. The selection, retention, and advancement of employees sliall be on the basis of individual merit, without regard to their atiiliation or nor affiliation Avith any labor or other organization. Sec. 7. The Maximum Number of Hours. — The maximum work week shall be as follows : On and after the effective date of this code, employers in the City Directory Industry shall adopt a maximum w'ork week for produc- tion and office workers which shall not be in excess of an average of forty hours a week for any twelve months' period, and the maxi- mum hours of work for any one week shall be forty-eight hours. From this rule shall be excepted executives, supervisors, enumerators, outside salesmen, and collectors. Sec. 8. Minimum Wages. — The minimum hourly wage to be paid employees shall be at the rate of 30(i per hour, except for learners and apprentices. Learners and App^rentices. — It is further provided that learners and apprentices shall be paid not less than eighty percent of the herein prescribed minimum wage, but the period of learners and apprentices in any instance shall not be more than thirty working days. Sec. 9. Minimum Age of Employees. — No person under sixteen years of age shall be employed in this industry. Sec. 10. Unfair Competition. — The City Directory Industry is of necessity noncompetitive as in the generally accepted sense, in that no city or community Avill support two rival directories. The pro- duction of two directories must result in a division of the possible revenue, which is limited, without a resulting decrease in the cost of securing, comjuling and printing the necessary data. In establishing a code of unfair competition for the City Directory Industry the rights of any person to issue a city directoj'v for any j^articular city or community must necessarily be estal)lished by the fact that previous editions have been issued by that person. Unfair Coiyipetition. — It shall be unfair competition for any per- son to do any of the following : 1. To undertake to issue a City Directory for any city or com- munity in which any other person operating under this code has established a prior right without first securing the right hj agree- ment. 2. For any person to endeavor to secure information by means of a canvass or otherwise under the fraudulent representation that such information is to be used in the issuance of a City Directory. 3. To endeavor to secure business in any city or community by representing either by act or inference that the business is being secured for the regular City Directory when such is not the case. Sec. 11. Appoixtment of Agency to Administer Code. — Under Section 2A of Title 1 of the National Industrial Recovery Act, the Association of North American Directory Publishers is hereby ap- pointed the "Agency " to administer the purposes of the act insofar as they apply to the City Directory Industry in accordance with the following provisions : 1. Preparation of Code Data for Statistics. — Collect from the members of the City Directory Industry all data and statistics re- quired by this code or by the President, compile same, and submit to the National Recovery Administration, and to furnish copies of such data to its members as may be desired. 2. Collect Pro Rata the Cost of Administration Work. — Each sub- scriber to this code shall periodically be assessed an amount sufficient to cover the cost of the administration of this code; such assessment to be prorated on the basis which the total annual sales of such subscriber bears to the total annual sales of all subscribers. 3. Organization of Code Comnvittee. — The Executive Committee of the Association of North American Directory Publishers is hereby constituted and empowered to act as the code committee of the City Directory Industry for such purposes and with such powers as are necessary to direct and regulate the work of the "Agency " and to effectuate this code and the policy of the National Industrial Recovery Act. 4. Ex-Oificio Memher. — The President of the Association of North American Directory Publishers shall act as an ex-officio member of the code committee. The Secretary of the Association of North American Directory Publishers shall perform the duties of the secretary of the code committee. 5. Meetings of the Code Convrrdttee shall be held upon call of its chairman or the President of the Association of North American Directory Publishers, and such meetings may be called in such man- ner as are determined advisable by the Chairman or President. Sec. 12. Duties and Powers of Code Committee are as follows : 1. To carry out the '"Agency's " Executive Duties and Functions as set forth in this Code, 2. To Hold Meetings upon call of its chairman or the President of the Association of North American Directory Publishers. 3. To Give Special Consideration to Conditions and factors which are found to be having a generally injurious effect on the employing subscribers, their employees, or their customers ; and to do whatever is necessary to correct the situation. 4. To Work Out the Regulations for Making Complaints against those believed guilty of violating this Code or approved supple- mentary codes. 5. To Take Prompt Action on Complaints Received. — If a com- plaint is properly made out and signed by one or more complainants, it must contain a provision whereby the conipUiinants furnish a