Registry No. 1653—02 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE ECCLESIASTICAL STATUARY AND CHURCH FURNISHINGS INDUSTRY AS SUBMITTED ON AUGUST 23, 1933 F WE DO OU .-. 9t~"^ U.S. The Code for the Ecclesiastical Statuary and Church Furnishings 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 approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFnCE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents Submitted by NATIONAL ASSOCIATION OF MANUFACTURERS OF ECCLESIASTICAL STATUARY AND CHURCH FURNISHINGS (n) CODE OF NATIONAL ASSOCIATION OF MANUFACTURERS OF ECCLESIASTICAL STATUARY AND CHURCH FUR- NISHINGS IN RESPONSE TO THE NATIONAL PROCLAMATION OF THE PRESI- DENT OF THE UNITED STATES, CALLING UPON ALL INDUSTRIES TO FORMULATE CODES OF BUSINESS CONDUCT UNDER THE TERMS OF THE NATIONAL INDUSTRIAL RECOVERY ACT We, the undersigned, members of the industry known as Manu- factwers of Ecclesimtical Statuary and Church Furnishings de- clare that we will adhere to the following conditions and regu- lations for the operation of our respective businesses. We hereby mutually agree to be bound by the terms of this cov- enant during the period in which the National Industrial Recovery Act shall remain in force and it is our intent that each and every stipulated trade practice approved herein shall be considered manda- tory upon the signatories hereunto. Scope of Industry The industry herein described as " Manufacturers of Ecclesiastical Statuary and Church Furnishings " control about 95% of the pro- duction of religious art for church and home decoration, such as statuary, bas-reliefs, statuary groups and ornamentation, modelled, cast, and decorated; as well as the creation of altars and other church furnishings of both semi-artistic and highly artistic nature. Our clientele is distributed among both homes and churches but most largely among churches and religious institutions, and ship- ments are made for intrastate, interstate, and export trade. The commodities produced in this industry are sold by us both at whole- sale and retail, stock items being listed in regularly published catalogs showing retail prices, while products designed and made to order according to special designs are quoted at specially esti- mated prices based upon cost of manufacture. A Highly Specialized Business The manufacture of ecclesiastical statuary and church furnish- ings is a highly specialized line of business which requires a rather intimate knowledge of the rules, ritual, and articles of faith pro- fessed by different religious sects who frequently rely solel}^ on the reputation and judgment of members of the industry for the authen- ticity and correctness of furnishings recommended and installed. Trained men are essential to successful business practice as con- tracts are frequently obtainable only by promotional methods based on knowledge of religious traditions and religious psychology. Ex- 10223 — 33 (1) tensive changes and improvements in religious structures such as are catered to by this industry invariably involve the application of creative talent and specialized salesmanship. Not only adminis- trative and selling forces but its industrial workers as well must be trained to understand their particular tasks and cannot readily be hired already proficient in an open labor market. Trade Practices Owing to the fact that a wide difference in quality of workman- ship frequently exists between the works of our various concerns, depending on the degree of skill of workmen and artists employed in this industry, there are no set standards or well defined retail price levels now in vogue, except as maintained by individual manu- facturers in catering to their particular trade. Labor Labor scales are necessarily dependent upon the skill and talent of the workmen or artists employed. The majority of labor engaged may be termed unskilled and skilled, operating under the super- vision of master artists, the latter commanding an indeterminate maximum wage which is affected primarily by individual reputation and artistic ability. Article I — Purpose This code is set up for the purpose of increasing employment, establishing fair and adequate wages, effecting necessary reduction of hours, improving standards of labor, and eliminating unfair trade practices (etc.), to the end of rehabilitating the Ecclesiastical Statuary and Church Furnishing Industry and enabling it to do its part toward establishing that balance of industries which is necessary to the restoration and maintenance of the highest practical degree of public welfare. It is the declared purpose of the Ecclesiastical Statuary and Church Furnishing Industry and adherents to this Code to bring, insofar as may be practicable, the rates of wages paid within the Ecclesiastical Statuary and Church Furnishing Industry to such levels as are necessary for the creation and maintenance of the high- est practicable standard of living; to restore the income of enter- prises within the industry to levels which will make possible the payment of such wages and avoid the further depletion and destruc- tion of capital assets; and from time to time to revise the rates of wages in such manner as will "currently reflect the equitable adjust- ment to variations in the cost of living. Article II — Participation Participation in this Code, and any subsequent revision of or addition tb the Code, shall be extended to any person, partnership, or corporation in the Ecclesiastical and Church Furnishing Industry who accepts his share of the cost and responsibility, as well as the benefit, of such participation by becoming a member of the National Association of Manufacturers of Ecclesiastical Statuary and Church Furnishings or any affiliated organization. No initiation or entrance fees shall be charged, but there shall be dues levied on the following basis : Special assessments, amounting to not less than $25.00 per member, shall be collected from each member if and when needed, upon notice from the duly elected treasurer and consent of half the members. No other fees shall be collected unless decided by majority vote of the members of this industry. Article III — Power and Administration The members of the Ecclesiastical Statuary and Church Furnish- ing Industry shall set up an Executive Committee for the purpose of administering the provisions of the Code, to secure adherence thereto, to hear and adjust complaints, to consider proposals for amendments thereof and exceptions thereto, and otherwise to carry out w^ithin the industry the purposes of the National Industrial Recovery Act as set forth in this Code. Article IV — Labor Code The Labor Code of the Ecclesiastical Statuary and Church Fur- nishing Industry shall provide as follows : (a) Emplovees 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 pur- pose of collective bargaining or other mutual aid or protection. (b) No employee in the Ecclesiastical Statuary and Church Fur- nishing Industry, and no one seeking employment therein, shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organiza- tion of his own choosing. (c) Employers of labor in the Ecclesiastical Statuary and Church Furnishing Industry agree to comply (as far as the}'^ are able) with the maximum hours of labor, minimum rates of pay, and other con- ditions of employment approved or prescribed by the President. (d) Specifically, to the end that a uniform practice of sound busi- ness procedure may be maintained, unfair competition eliminated and the purchasing power of labor upheld, we propose individually and collectively to abide by an understanding that in the Ecclesi- astical Statuary and Church Furnishing Industry, the minimum scale of wages for industrial employees shall be : Per hour For Unskilled Labor $0.35 For Skilled Labor — Modellers and Sculptors . 80 Model Makers . 60 Casters, Plaster . 50 " .Cement .55 Finishere __, .55 Decorators . 55 (e) Maximurti Hours. — Under the terms of the National Indus- trial Recovery Act, we a^ree to a maximum 40-hour week for in- dustrial employees, no worker to be employed longer than 8 hours per day, except that during the period of 60 days preceding Easter or Christmas, when seasonal deliveries are demanded and duly trained labor is not available, we shall be free to operate on a 50-hour w^eekly basis, with a maximum 10-hour daily limit per worker. It is agreed that this paragraph establishes a guaranteed minimum rate of pay regardless of whether the employee is compensated on the basis of a time rate or on a piecework performance. (f) Office Employees. We agree to pay office employees, including all clerical help, a minimum wage of $15.00 per week, each week to contain a maximum of 40 hours; and shall refuse to employ any person under 16 years of age. Article V — Cost Code It shall be an unfair method of competition for any manufacturer to sell at prices obviously less than cost of production. In event of complaint on this charge, the concern against whom charge is made shall designate three members of the industry to act as judges. The judges will report their findings to the Executive Committee for action. Article VI — Iisdustry Regulations A. Trade practices. — Ratified and adopted by the members of the Ecclesiastical Statuary and Church Furnishing Industry, the follow- ing rules in trade practice shall be considered as part of the Code. i. The basis for the sale of standard items at minimum retail prices shall be the printed price list or catalog in use by individual members on July 1st, 1933. Each member shall use his ovrn catalog to establish the minimum retail list price at which he shall sell the products of his own manufacture. No discounts, rebates, or reduc- tions shall be made from these catalog prices to the retail trade and no special inducements in the form of donations, gifts, or premiums shall be offered to prospective customers as an incentive to obtain their business. The term " retail trade " shall be understood to cover all sales made direct to clergy, religious, and lay persons other than dealers. It is further agreed that to the wholesale trade the maximum trade discount from above-mentioned printed catalog prices shall not exceed the discounts in effect on July 1, 1933. 2. No contract, either for special or catalog products, in any quan- tity, shall be taken at prices which compel manufacturers to bargain with employees for production at lower than their regular wages. 3. All jDrices to the trade, wholesale or retail, shall be quoted f.o.b. factory or point of shipment. Under no circumstances will the manufacturer agree to absorb the freight or express charges. 4. The maximum cash discount to be offered either to wholesale or retail trade for prompt payment of bills shall not exceed 3%. Uni- form term's of 3% discount on billsi paid by the 10th of the month following date of invoice, or 30 days net shall be observed. 5. On staple items consisting of statuettes there shall be a minimum price, according to size and decoration of article sold, so that the pernicious practice of selling below cost may be eliminated. The agreed upon minimum manufacturers' list prices on decorated statuette-: purchased loose in quantities shall be: Each Size 6" or the real lonts $U. 50 Size 8" or thereabouts .80 Size 12" or thereal)outs 1.25 Size 16" or thereabouts 2.00 Size 21" or therealiouts 3.00 Size 24" or iherealiout.s 5.00 These prices to be figured as f.o.b. factory subject to trade dis- counts already established. B. Unfair Cojupetltion. — The members of the industry declare themselves unequivocally opposed to unfair trade practices and sub- mit below acts of competition forbidden under this Code. 1. It shall be unfair to solicit orders for work of high quality with intent of substituting similar appearing but in fact inferior quality. 2. No member of the industry shall appeal to the trade with offers to duplicate the work of competitors mentioned by name at their established prices less a substantial discount. 3. No member shall solicit business by approaching prospective purchasers of church furnishings, urging them to obtain designs and quotations from a competitor, that they in turn may work from said designs at previously agreed upon lower prices. 4. It shall be the duty of members to discourage the practice of dealers who, intent upon large profits, force manufacturers into ruin- ous competition by compelling one to bid against another for yearly supplies, using the argument that increased volume justifies sales at cost. 5. Manufacturers operating under this code will refuse trade dis- counts to church goods dealers or brokers who oifer concessions or reductions from established prices, thus in effect underselling the producer of the goods sold. C. Code of Honor. — 1. We agree to maintain a Code of Honor, respecting the rights of competitors who have created products of original design, and will not deliberately copy such work for catalog illustration purposes. 2. The avow^ed policy of this Code to stop all unfair trade prac- tices shall include unfair advertising, such as copying competitors' catalogs and trade literature with intent of misleading recipient and causing him to believe that identically the same products may be bought at Ijoth high and low prices. Article VII — Maximum Selling Prices So far as it is practicable we agree not to increase the price of any merchandise sold after the date hereof over the price of July 1, 1933, by more than is made necessary by actual increases in production, replacement, or invoice costs of merchandise since July 1, 1933, or UNIVERSITY OF FLORIDA o 3 1262 08728 6067 by taxes or other costs resulting from action taken pursuant to the agricultural adjustment act, and in setting such price increases, to give full weight to probable increase in sales volume and to refrain from taking j^rofiteering advantage of the consuming public. Article VIII — Constitutional Rights We subscribe to the terms and conditions of this Code, individually and collectively, with stipulations submitted below : (a) It is clearly understood that nothing in this Code shall impair in any particular the Constitutional rights of the employer to pro- tect his business and property from the unlawful activities of others. (b) It is clearly understood that nothing in this Code shall im- pair in any particular the Constitutional rights of the employee and employer to bargain individually or collectively as may be mutually satisfactory to them; nor impair the joint right of employee and employer to operate an open shop. (c) Nothing in this Code is to impair the Constitutional rights of employers to freedom in selection, retention, and advancement of employees. (d) Nothing in this Code shall authorize any change in the maxi- mum hours of labor, minimum rates of pay, or other conditions of employment specified in this Code, without the agreement of a truly representative association of the trade or industry, or subdivision thereof, to which this Code applies. Signed by following manufacturers of ecclesiastical statuary and church furnishings : Daprato Statuary Company, Chicago, Illinois; T. M. O'Connell & Company, Philadelphia, Pa. ; St. Paul Statuary Company, St. Paul, Minn.; Kaletta Statu- ary Company, St. Louis, Mo. ; Catholic Statuary Company, Chicago, Illinois; European Statuary & Art Co., Milwaukee, Wis.; American Altar & Statu- ary Co., Chicago, 111.; Modern Tuscany Art Com- pany, Philadelphia, Pa.; Bernardini Statuary Com- pany, New York, N.Y. ; A. Paladini & Company, New York, N.Y. ; Berni Company, Jersey City, N.J. ; A. P. Nardini, Boston, Mass.; Joseph Sibbel Studio, New York, N.Y. ; Biagiotti & Company, New York, N.Y. ; A. Da Prato Company, Boston, Mass. Dated, August 15, 1933. O