/ Registry No. 1617—07 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE DENTAL TRADE INDUSTRY AS SUBMITTED ON AUGUST 23, 1933 WE DO OUR PART The Code for the Dental Trade 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 «£. applying to this industry UNIV. OF FL LIS P9CUM5NTS psrr., ■•*. *i~l DlFO*TORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cents Submitted by AMERICAN DENTAL TRADE ASSOCIATION CODE OF FAIR COMPETITION FOR THE DENTAL TRADE TO BE PRESENTED BEFORE THE NATIONAL RECOVERY ADMINIS- TRATION UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT To the President of the United States: Comes now the Dental Trade by the American Dental Trade Association, 1010 Vermont Avenue, Washington, D. C, and makes application for approval of a code of fair competition for such trade under the provisions and subject to the limitations and requirements of the National Industrial Recovery Act, Public No. 67, approved June 16, 1933, and respectfully shows: 1. That American Dental Trade Association is an association composed of manufacturers, dealers, and fabricators of dental goods, organized and in existence for more than fifty years and representing in its membership a preponderant interest of all those engaged in such trade. 2. That the American Dental Trade Association imposes no inequitable restrictions on admission to membership therein and is truly representative of the Dental Trade. 3. That the code herewith submitted is not designed to promote monopolies, or to eliminate and suppress small enterprises, and will not operate to discriminate against them and will tend to effectuate the policy of the mentioned Act. 4. That such code will not permit monopolies or monopolistic practices. The American Dental Trade Association prays approval of this code of fair competition as the code of the Dental Trade. Application This Code and its appropriate sections shall apply to manufac- turers and dealers making and/or selling dental equipment, material, or supplies. General Provisions Section 1. No one shall use any subterfuge to frustrate the spirit and intent of this code. Sec. 2. The President may from time to time cancel or modify any order, approval, rule, or regulation issued under this code. Article I — Labor and Wage Provisions Section 1. That 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 em- ployers of labor, or their agents, in the designation of such representa- tives or in self organization or in any other concerted activities for the purpose of collective bargaining or other mutual aid or protection ; 10222—33 ( 1 ) Sec. 2. That 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; Sec. 3. That emplo} 7 ers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the President; Sec. 4. That employers shall: (1) Not employ any person under 16 years of age. (2) Not work any accounting, clerical, office, service, or sales em- ployee (except outside representatives) in any store, office, depart- ment, establishment, or any automotive or horse-drawn passenger, delivery, or freight service or in any other place or manner for more than 40 hours in any one week. (3) Establish a factory maximum working schedule for all me- chanical workers and artisans not to exceed 40 hours per week. (4) The maximum hours fixed in the foregoing paragraphs (2) and (3) shall not apply to employees in a managerial or executive capacity who now receive more than thirty-five dollars per week; nor to em- ployees on emergency, maintenance, installation, or repair work ; nor to employees listed as watchmen, stationary engineers, and firemen. In very special cases where restrictions of hours of highly skilled workers on continuous processes would unavoidably reduce produc- tion, at least time and one-third shall be paid for hours worked in excess of the maximum. (5) Pay any of the classes of employees mentioned in paragraph (2) except messengers and inexperienced office assistants no less than $15.00 per week in any city of over 500,000 pupulation, or in the immediate trade area of such city; nor less than $14.50 per week in any city of between 250,000 and 500,000 population, or in the imme- diate trade area of such city; and in towns of less than 250,000, increase all wages by not less than 20%, provided that tins increase shall not require wages in excess of $12.00 per week nor in excess of wages paid for similar work on July 15, 1929. Messengers and inexperienced office assistants shall be paid no less than $10.00 per week. (6) Pay to any factory employee of the classes mentioned in para- graph (3), except operators under eighteen years of age or with less than six months' experience, no less than 35 cents per hour unless the hourly rate for the same class of work on July 15, 1929, was less than 35 cents per hour, in which latter case pay no less than the hourly rate on July 15, 1929, and in no event less than 30 cents per hour. Operators under eighteen years of age or with less than six months' experience shall be paid no less than 25 cents per hour. This para- graph establishes a guaranteed minimum rate of pay, regardless of whether the employee is compensated on the basis of a time rate or piecework performance. (7) Not reduce the rate of compensation for employment now in excess of the minimum rates of wages. (8) The provisions of all state and municipal laws regulating em- ployment shall be strictly observed. Article II — Unfair Competition The following are unfair methods of competition: Section 1. Cost, — The sale of goods or supplying of services in connection therewith below cost, as ascertained in accordance with approved accounting methods. Sec. 2. Cash Discounts. — (a) Cash discounts exceeding those established by the manufacturei in his printed price list. (b) Discounts in excess of 2% for cash on sales by dealer, of $100.00 or over, where delivery is made at one time, or on deposit accounts of $100.00 or over. Sec 3. Advance Dating. — (a) Advance dating or post dating on the sale of any equipment, material, or supplies more than five days beyond or before date of delivery. (b) Shipment of equipment that has been sold on a conditional sales contract basis until full initial payment is made. Sec 4. Special Allowances. — The giving of special discounts or special allowances as between purchasers to induce any purchaser to give preference to a given seller, or product, or by purchase or sub- stitution of stock for that of a competitor; or allowance above scrap market price for precious metals, or special allowance or merchandise sold or supplied in exchange therefor. Sec 5. Equipment Allowance— The allowance on "used" equip- ment as part payment on the sale of new equipment in excess of the reasonable market value of such used equipment based upon recom- mended used equipment appraisals. Sec 6. Consignment or' Trial. — (a) Consignment of equipment by manufacturers to customers, excepting that each manufacturer may supply one x-ray to each dental college for demonstration purposes. (b) Placing of equipment on trial. (c) Consignment of goods to dentist or laboratory. (d) The consignment of stocks of precious metals for use in dentistry. Sec 7. Deferred Payments. — Deferred payments on equipment in excess of thirty-six months. Sec 8. Guarantees. — The guarantee of any product against inherent defects in workmanship or materials for a period exceeding one year. Sec 9. Jobbing. — The unauthorized jobbing of dental goods, mate- rials, and supplies. Sec 10. Misrepresentation of a competitor or a competitor's product. Sec 11. Equipment Contract Sales. (a) The first payment shall be at least 25% of the total amount of the contract, except on new x-ray machines and tubes on which the initial payment should be at least $100.00. Second-hand goods up to the amount of 10% of the total amount of the contract may be accepted as part of the initial payment, and may be for more, in which case the cash payment should be at least 15% of the total amount of the contract. The minimum cash pay- ment on new x-ray contracts should be $100.00 regardless of whether second hand goods are accepted. (b) A ( barge at the rate of ('<% per year on the full amount of the unpaid balance to cover interest, insurance, and financing charges to be added to the contract and equally distributed in the monthly payments for the period of the contract. (c) The period of the contract not to exceed thirty-six month- and ten dollars per month to be the minimum payment. (d) Ten dollars to be the minimum payment on any original contract . (e) Supplemental contracts when made with a customer who is already on contract with the same dealer, the first payment shall be at least 25% and a charge at the rate of 6% per year on the full amount of the unpaid balance to be added to the contract and equally distributed in the monthly payments for the period of the contract, five dollars per month to be the minimum payments. (f) All deferred payments if not paid at maturity shall bear interest at the minimum rate of 6% from the date of maturity to the date of payment. (g) Sundry merchandise not to exceed 10% may be included in equipment contracts with a limit of $175.00. Sec. 12. Dealer Terms of Credit: (a) Regular accounts on goods sold by dealer should be due and payable on the 10th of the following month. Terms should not ex- ceed 60 days. (b) Terms on volume sales of merchandise on the deferred payment plan, and tooth sales in $100.00, $300.00, and $500.00 lots should not exceed ten months with a minimum monthly payment of $10.00. Sec. 13. Changes in Prices and Terms. — Manufacturers in the Dental Trade shall file in the office of the Agency of Administration at "Washington a complete price list of their products, with prices, discounts, and terms to all classes of customers, also any addition or change to their lines, or changes in prices or terms on or before the effective date thereof. Agency of Administration The American Dental Trade Association, 1010 Vermont Avenue, Washington, D.C., is hereby constituted the agency of the President under the supervision of the National Recovery Administration for carrying out the provisions of this code and to effectuate the policy contemplated by the National Industrial Recovery Act. and to this end it is authorized: 1. To establish, without expense to the United States of America, all such statistical, accounting, and other services as may be reason- ably proper and necessary to effectuate the policy of the National Industrial Recovery Act, and the provisions of this code, and appor- tion the cost thereof to the trade and with the approval of the Presi- dent, may alter or amend the same from time to time as experience may justify. o UNIVERSITY OF FLORIDA 3 1262 08728 5879