// Registry No, 1730—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE BURIAL INSURANCE INDUSTRY AS SUBMITTED ON AUGUST 30, 1933 The Code for the Burial Insurance 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 S^perintendent of Documents, Washington, D.C. Price 5 cents CODE OF FAIR COMPETITION FOR THE BURIAL INSURANCE INDUSTRY UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT PREPARED AND SUBMITTED BY ALABAMA BURIAL INSURANCE ASSOCIATION, BIRMINGHAM, ALABAMA Article I — Purposes Sectiox 1. The declared object and purpose of this Code is : (a) To increase the number of gainful workers employed, thereby reducing and relieving unemployment; (b) To eliminate unfair competition and destructive trade prac- tices, and create fair competitive relationships; (c) To improve the standards of labor; (d) To rehabilitate and stabilize the Industry; (e) To support and effectuate in every possible way the pre- scribed plan, program, and procedure of the Administration. Arttole II — Duration Section 1. During the Emergency Period covered b}^ the National Industrial Recovery Act this Code is intended to govern the Burial Insurance Industry and its relationship with allied and kindred Industries. Article III — Definitions Section 1. " Burial Insurance Industry " means and includes all " Burial Insurance Companies ", whether qualified and licensed as " Burial Companies ", '* Burial Insurance Companies '', or " IVIutual Aids." Sec. 2. " Burial Insurance Company " means any person, firm, or corporation engaged in the business of providing Funeral or Burial Merchandise and Service through the sale of Certificates entitling the holders thereof, in consideration of small weekly or monthly jjayments. to receive at the time of death, certain specified standard Funeral or Burial Merchandise and Service. Sec. 3. " Certificate " means the Contract, Certificate, Policy, or other Document issued by a Burial Insurance Compan}', designating the Merchandise, Service, and other Commodities to which the holder is entitled, and the conditions governing the performance or fulfillment thereof. 8973 — 33 (1) Article IV — Employees Rights and Privileges Section 1. Emploj-ees shall have the right to organize and bar- gain collectively through representatives of their own choosing, and shall be free from 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. Sec. 2. No emploj^ee nor prospective employee shall be required to join any Company or ofher Union as a condition of employment, or to refrain from joining, organizing, or assisting a labor organization of his choosing. Sec. 3. Minors or persons under 16 years of age shall not be employed in any capacity. Article Y — Hours and Wages Section 1. Employees working on a commission basis or on part commission and part salary shall not be governed by the provisions of this Article as to minimum wages. Sec. 2. Outside Salesmen, canvassers, or other employees employed wholly on a commission basis shall have the privilege of determining the hours which they shall devote to employment since their com- pensation is commensurate with the time and effort devoted to their work. Sec. 3. For Outside Salesmen or canvassers employed on a salary basis, the maximum hours for any one week shall be 40, and the min- imum salary shall be $30.00 per week. Sec. 4. For District Superintendents employed in a managerial capacity, the maximum hours for any one week shall be 44, and the minimum salary shall be $40.00 per week. Sec. 5. For Accountants and Auditors the maximum hours for any one week shall be 52, and the minimum salary shall be $50.00 per week. Sec. 6. For Bookkeepers the maximum hours for any one week shall be 40, and the minimum salary shall be $25.00 per week. Sec. 7. For Office Clerks the maximum hours for any one week shall be 40, and the minimum salary shall be $20.00 per week. Sec. 8. For Clerical Helpers or Apprentices the maximum hours for any one week shall be 40, and the minimum salary shall be $15.00 per week. Sec. 9. For Branch Funeral Home Managers, who must be pro- fessional Funeral Directors and Embalmers in order to qualify, the hours shall be as required by the business transacted at their Branch, and the minimum salary shall be $40.00 per week. Sec. 10. For Funeral Directors, capable of conducting funerals in accordance with recognized professional standards, the hours shall be as required by the business transacted at their Branch, and the minimum salary shall be $25.00 per week. Sec. 11. For Assistant Funeral Directors, incapable of conducting funerals in accordance with recognized professional standards, the maximum hours for any one week shall be 40, and the minimum salary shall be $20.00 per week. Sec. 12. For Licensed Embalmers, capable of embalming bodies in accordance with recognized professional standards, the hours shall be as required by the business transacted at their Branch, and the minimum salar}' shall be $25.00 per week. Sec. 13. For Assistant Embalmers, not capable of embalming bodies in accordance with recognized professional standards, the maximum hours for any one week shall be 40, and the minimum salary shall be $15.00 per week. Sec. 14. For Porters and Maids or other Funeral Home Assistants or Attendants the maximum hours for any one week shall be 40, and the minimum salary shall be $14.50 per week. Article VI — Application or Provisions of Funeral Directors' Code Section 1. In lieu of Sections 9, 10, 11, 12, 13, and 14 of Article V hereof, provisions of the Approved Code of Fair Competition of the Undertaking or Mortuary Industry, relative to the maximum hours and the minimum wages of employees in the Funeral Home Depart- ment of Burial Insurance Companies, are hereby approved and made applicable to Funeral Home employees of Burial Insurance Companies. Article VII — Business Hours Section 1. The Minimum hours during which Funeral Home, Dis- trict, or General Offices of Burial Insurance Companies shall be kept open for the transaction of business for any one week shall be the same as was the custom of such Companies on July 15, 1933. Article VIII — Unfair Trade Practices Section 1. The right of Burial Insurance Companies to contract with Morticians or Undertakers shall be deemed fair competition and shall be recognized. Sec. 2. To procure or attempt to procure Embalming or Hearse Service, from the Mortuary Industry, at a lower rate than quoted by such Industry in the open market is unfair trade practice and consti- tutes a violation of this Code. Sec. 3. To procure or attempt to procure Burial Merchandise at a cost below the wholesale price quoted by the Manufacturer in the open market is unfair trade practice and constitutes a violation of this Code. Sec. 4. To circulate, or cause or permit to be circulated, any dis- paraging statement or rumor, either written or verbal, concerning a competitor or a competitive business, is unfair trade practice and constitutes a violation of this Code. Sec. 5. To offer, provide, or perform any service or benefits with- out receiving premiums or proper compensation therefor is unfair trade practice and constitutes a violation of this Code. Sec. .6. To patronize any person, firm, or corporation not in com- plete harmony with the National Recovery Administration, which is to say, unless such person, firm, or corporation has signed the Presi- dent's Reemployment Agreement, or is operating in accordance with the Approved Code of Fair Competition of the particular Industry in which engaged, is unfair trade practice and constitutes a violation of this Code. Article IX — Relationship to National Recovery Administration Section 1. Other conditions of employment approved or pre- scribed by the President, in addition to the maximum hours of labor^ the minimum rates of pay, and other provisions of this Code, shall be complied with by all Burial Insurance Companies. Article X — Adoption Section 1. We, the undersigned, representing the majority of the Burial Insurance Companies by number and by volume of business transacted within the State of Alabama, do hereby agree to abide by the provisions of this Code in the conduct of our business, and we do hereby pledge our cooperation and support of the plan and pur- pose of the National Recovery Administration in the interests of Industrial Recovery. Sec. 2. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provi- sions of Clause 10 (b) of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation, issued under Title I of said Act, and specifically to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. Article XI — Refrigeration Section 1. A Conference Committee composed of J. S. Lester, Birmingham, Alabama, J. E. Luquire, Birmingham, Alabama, E. A. Bradford, (C.) Birmingham, Alabama, R. M. Lackey, Birming- ham, Alabama, R. F. Blow, Mobile, Alabama, at a meeting of Alabama Burial Insurance Association held on August 22nd, 1933, at which all the members were present, was duly elected, com- missioned, authorized, empowered, and instructed, by and in behalf of said Alabama Burial Insurance Association, as its Legal Appli- cant, Agent, and Attorney, to appear at any Administrative, Official, or Board Hearing, or Conference, in connection with the compilation, presentation, revision, or execution of the provisions of this Code, the members of said Association hereby ratifying, and confirming any act which said Conference Committee or the majority thereof may perform hereunder. In testimony whereof, the duly constituted officers of said Ala- bama Burial Insurance Association, being authorized and instructed thereto have hereunto affixed the official signatures of said Associa- tion, this 22nd day of August, 1933. Alabama Burial Insurance Association,^ ; ; R. M. Lackey, Its President. J. S. Lester, Its Secretary. ' z. . o Digitized by tine Internet Arcliive in 2011 witli funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcodeoffa8589unit UNIVERSITY OF FLORIDA 3 1262 08582 8589 ill