Registry No. 409—05 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE DESK ACCESSORY MANUFACTURERS INDUSTRY AS SUBMITTED ON SEPTEMBER 1, 1933 ► OUR PART UNIV. OF F DPCUyEMISDEjPI APO U.S. DEPOSITORY The Code for the Desk Accessory Manufacturers 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 OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents Submitted by NATIONAL STATIONERS ASSOCIATION National Stationers Association, Washington, D.C., August 29, 19S3. National Administrator, National Recovery Administration, Washington, D.C. Dear Sir: We are submitting herewith Code of the Desk Accessory Manufac- turers of the National Stationers Association, which code is subordinate to the General Code of the National Stationers Association. This group of manufacturers has been organized to submit a code as a subor- dinate code for the National Stationers Association, particularly in view of the fact (that these goods are sold primarily and fundamentally through the stores of the Commercial Stationer. Figures in reference to volume and number are contained in the application and indicate that this Division of the National Stationers Association has, in its membership, a majority, both in numbers and volume. The Desk Accessory business is a distinctive business. We therefore submit this code at the same time that the National Stationers Association General Code is submitted and stand ready until we hear further from N.R.A. Yours very truly, [seal.] Chas. P. Garvin, General Manager. (Hi) Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcodeoffa5366unit SUBORDINATE CODE OF FAIR COMPETITION FOR THE DESK ACCESSORY MANUFACTURERS OF THE NATIONAL STATIONERS ASSOCIATION To EFFECTUATE the policy of Title I of the National Recovery Act, the following provisions are established as a code of fair competi- tion for the Desk Accessory Manufacturers: Article I — Definitions The following words are used in this code with the meanings herein set forth: "Desk Accessory Manufacturers" — any person engaged in the manufacture of Desk Pads of all descriptions, Leather or Imitation Leather covered Desk Sets, Work Organizers or Desk Directors, Linoleum Desk Tops, Covered Card Index Boxes, Tra}^s and Letter Cabinets, Correspondence Folders, and all similar articles used in connection with Stationery and Office Supplies for Commercial, School, Home, and Government use. " Committee "—the Executive Committee of the Desk Accessory Manufacturers of the National Stationers Association. "Member" — a person engaged in such industry. "Persons" — natural persons, partnerships, corporations, associa- tions, trustees, trustees in bankruptcy, and receivers. "Act" — -Title I of the National Industrial Recovery Act. "Administrator" — The National Recovery Administrator. "Administration" — The National Recovery Administration. "Effective date" — the second Monday following the approval of this code by the President. Article II — Subordination 1. This Code is subordinate to the General Code and is submitted pursuant to the provisions of Section 3 of Article II of the General Code. 2. The General Code is hereby recognized as binding in this Division and on all members of the industry included within this Division. 3. In the event that any provision of this Code shall be found to be inconsistent with the provisions of the General Code, the provisions of the General Code shall prevail. Article III — Organization 1. There is hereby created a body to be known as the Executive Authority of the Desk Accessory Manufacturers of the Stationery Industry, which shall consist of the Executive Committee of the Desk Accessory Manufacturers and three members of the industry. The three members so designated shall have no vote. 9140—33 (1) 2. The Executive Authority is charged generally with the adminis- tration of this code and shall have such other powers and duties as are prescribed herein or in the General Code. 3. The Executive Authority shall cooperate with and assist the stationery industry authority in administering the General Code and in obtaining from members within this Division such reports, statistics, and other data as the stationery industry may require. Article IV — Hours of Labor The maximum hours of labor to apply to all classes of workers shall be as contained in Article III-A of the General Code. Article V — Wages The minimum rate of wages for any mechanical worker or artisan employed in any plant, mill, or factory, or on work connected with or incidental to the operation of such plant, mill, or factory, shall be at the rate of thirty-five cents ($.35) an hour for unskilled labor and sixty cents ($.60) an hour for skilled labor. Sections 2, 3, 4, and 6 of Article IV in the General Code shall prevail in this Code. Article VI — General Labor Provisions General Labor Provisions shall be those set forth in Article V of the General Code. Article VII — Trade Customs The Executive Authority shall formulate the recognized trade customs and fair trade practices of this Division and may from time to time submit any such trade customs and fair trade practices tothe Administrator for approval, and same when approved shall have the same force and effect as if incorporated in this Code. Article VIII — Accounting — Selling 1. The Executive Authority shall proceed at once to provide com- parable and uniform principles of costing which, after approval by a majority of the members of the industry, shall be used by all members of the industry. 2. Except in performance of bona fide contracts in existence on the effecting date of this Code, no member shall sell any product of his manufacture at a price or upon such terms or conditions as wnll result in the purchaser paying for the goods received less than the estab- lished minimum price to the seller, determined, for the present, in accordance with his own method of costing and after a standard method has been prescribed, in accordance with such standard method, provided, however, that discontinued lines and damaged goods or seconds, which must be converted into cash to meet emergency needs may be disposed of in such manner and on such terms and conditions as the Executive Authority may approve, and as are necessary to move such products into buyers' hands. 3. Each member shall, on or before the effective date of this Code, publish and file with the Executive Authority complete lists or schedules of prices and terms and conditions of sale (including all differentials, discounts, trade allowances, and special charges) of all products offered for sale by such member, and shall so publish and file all subsequent changes therein or revisions thereof at least 24 hours prior to the effective date of any such changes or revisions. The Executive Authority shall send to each member a copy of such price lists or schedules and terms and conditions of sale, and changes or revisions thereof as so filed. 4. Except in fulfillment of bona fide contracts existing on the effec- tive date of this Code, no member of the industry shall sell any such products at a price or prices lower than, or upon terms and conditions more favorable than stated in his price list, published as hereinbefore provided. 5. Bona fide export sales shall be exempt from the provisions of Sections 2 and 3 hereof. Article IX — Reports and Statistics The Executive Authority shall compile all reports required by the National Industrial Recovery Administration. Article X — Secret Rebates The giving by any person of secret rebates, refunds, credits, un- earned discounts, whether in the form of money or otherwise, or extending to any purchasers services or privileges not extended to all purchasers under like terms or conditions, shall constitute unfair competition and a violation of this code. Article XI — False and Misleading Advertising False and misleading advertising, mislabeling, and misbranding, false invoicing, use of slack-filled containers, the offer of free goods, all are considered as unfair methods of competition. Article XII — Cash Discount No cash discount shall be given in excess of 2% for payment the 10th proximo. This shall be a discount for prompt payment, and must not be used as a price discount. Article XIII — Consignment No merchandise is to be offered to distributors on consignment, or memorandum. By consignment is meant merchandise delivered to a purchaser and paid for when, as, and if he sells said merchandise. Article XIV — Expense of Administration To cover the actual expense of the administration of this Code,, assessment shall be made by the Executive Authority on members. UNIVERSITY OF FLORIDA 3 1262 08850 5366 Article XV — General Provisions 1. The Executive Authority shall be empowered to administer the provisions of this Code, to secure adherence thereto, to hear and adjust complaints, to consider proposals for amendment, and to other- wise carry out within the industry the purposes of the National Industrial Recovery Act. 2. In order to carry out the provisions set forth in Article IX, the Executive Authority may appoint an independent agency, to which agency may be submitted any statistics required under Article IX. Said agency shall treat confidentially all statistics furnished or gath- ered and no publication thereof to anyone or in any manner, shall be made, other than in combination with similar information furnished by other members of this Code, in which case the publication shall be made only in such manner as will avoid the disclosing separately of such confidential information. 3. This code, and all of its provisions, is subject to the approval of the President of the United States, as provided in the Industrial Recovery Act, and is subject to such changes or modifications from time to time as the President may direct in accordance with Section 10 (b) of the National Industrial Recovery Act. 4. This Code may be amended by a two thirds affirmative vote of the members of the Association, provided that the amendment is approved by the President. 5. This Code shall become effective on the second Monday after the date upon which it shall be approved by the President of the United States. 6. If any member is also a member of another industry, the pro- visions of this Code shall apply to and affect only that part of his business which is included in this industry. 7. If any provisions of this Code are declared invalid or unenforce- able, the remaining provisions shall nevertheless be continued in full force and effect. 8. The failure on the part of any member of this Industry to comply with the provisions of this Code or to perform any obligation imposed on him thereby shall constitute a violation of the Code. 9. Upon complaint of any member or upon his own initiative, the Executive Secretary shall investigate alleged violations of this Code, and if the same are substantiated, make reports to the Executive Authority and to the Administrator. 10. Such of the provisions of this Code as are not required to be included therein by the Act, may, with the approval of the President of the United States, be modified or eliminated as changes in circum- stances or experience may indicate. o