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,h/Zl/S  'VS\b 


'  ivo.  18  ' 


COITFIDENTIAL 


LEMOPJU^IDUivI  TO:        SECTION  HEADS  December  18 

1  9  ?>  5 
SUBJECT:  T7CRK  I/ulTEEIALS  ITO.  18 

CONTENTS  OE  CODE  HISTORIES 


This  document  makes  availalDle  for  confidential  use  nithin  the 
Division  of  Reviev/  the  outline  that  is  follo^ved  in  the  preparation 
of  code  histories.   An  examination  of  this  outline  will  throvr  light 
upon  the  material  useful  in  connection  uith  studies  v;hich  will  be 
found  in  each  code  histor^T-, 

Although  the  outline  contained  herein  ^.vas  issued  July  10,  1935 
"by  the  Division  of  Hevien  and  although  the  Division  of  Review  '.vas 
from  the  first  assigned  the  duty  of  reviewing  and  revising  code 
histories,  it  v.'as  not  until  the  latter  half  of  August  that  full  Juris- 
diction of  the  preparation  of  code  histories  \7as  vested  in  the 
Division  of  Review,   The  code  histories  fall  into  tr/o  major  groups: 

1,  The  histories  of  formally  ajjproved  codes.   There  are 
in  Central  Records  757  approved  codes  and  supplements. 
In  connection  r/lth  these,  814  separate  histories  are 
"being  prepared  in  order  to  cover  adeo^uatelj'^  the  situa- 
tion in  certain  industries  in  v;hich  there  v/ere  a  numher 
of  chapters  to  the  code.   As  of  Deceraher  11,  1935,  374 
of  these  code  histories  were  completed,  and  168  others 
started, 

2,  The  histories  of  codes  not  formally  a.pproved  hut  concern*- 
ing  v;hich  the  records  contain  valuable  material.   There 
are  259  such  cases.   As  of  December  11,  1935,  89  of  these 
were  completed  ajid  51  others  started. 

In  addition  to  code  histories,  histories  are  being  prepared  of  the 
activities  of  particular  divisions,  boards,  and  other  agencies  of  the 
National  Recovery  Adj-ainistration, 

Information  concerning  the  histories  that  are  available  for  examina- 
tion may  be  secured  from  I.ir,  R,  C,  Ayers,  Commerce  Building,  Room  4309  — 
Telephone  Extension  645, 


L.  C.  Marshall, 
/  Director,  Division  of  Review, 


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TO:       Division  Administrators 
¥ROU:  Director,  Division  of  Hevien 

SIBJECT:   Code  Histories 


The  folloTTing  is  a  revision  of  the  memorand-um  of  the  Code 
Administration  Director,  dated  l.iay  29,  1935,  (Code  Histories). 

A  doc-amented  history  of  each  code  will  "be  prepared  "by  deputies 
and  their  assistants,  to  he  in  accordance  -jith  the  outline  hereinafter  set 
forth.   The  or.tline  is  not  to  he  digressed  from  except  for  such  additional 
discussion  as  may  "be  necessary  or  desirahle  or  in  the  treatment  of  a  special 
prohlem  of  the  industry  wherein  it  would  he  impossible  to  follow  the  outline, 

A  letter  of  transmittal  should  accompany  the  code  history  incor- 
porated in  the  vol-'ome  just  after  the  tahle  of  contents.   The  letter  of  trans- 
mittal should  he  prepared  ''oy   the  deputy  or  other  officer  charged  with  the 
responsihility  of  comT)iling  and  v;riting  the  history,  addressed  to  the  divi- 
sion administrator,  or  other  officer  in  charge,  stating  that  the  history 
has  heen  ^rritten  in  accordance  with  the  model  outline,  and  that  in  his  opin- 
ion the  submitted  record  adequately  reflects  the  history  of  the  c^de.   The 
letter  should  contain  a  signature  line  (lower  left  hand  corner)  for  the 
division  administrator  or  other  officer  in  charge,  under  the  word  "Approved, " 

There  should,  he  a  short  preface  to  each  history  which  will  indi- 
cate the  identity  and.  experience  of  the  compilers  thereof  with  the  subject 
matter,   Obviouslj'-  a  history  compiled  by  the  deputy  connected  ^-^ith  a  code 
and  its  problems  from  its  very  inception  or  for  the  greatest  period  of  time 
would  carry  the  presumption  of  greater  authority  than  one  compiled  by  a 
deputjr  of  lesser  experience  with  the  industry.   The  author  and  co-euthors, 
if  any,  should  certify  to  the  authenticity  of  that  part  of  the  history 
written  by  them  by  affixing  their  signature  thereto. 

Code  histories  should  contain  all  information  concerning  the  code, 
therefore  it  v/ill  be  necessary  for  the  author  or  authors  thereof  to  put  into 
histories  information  i;hich  is  not  a  natter  of  record,  but  lies  within  the  re- 
collection and  personal  ]aiowledge  of  those  connected  with  the  code.   Since 
the  code  histories  are  for  use  within  the  administration  and  not  for  public 
use  all  such  information  should  be  set  forth  in  the  histories  in  order  that 
they  will  completely  embrace  all  unrecorded  discussions  and  opinions.   Fnere 
no  written  record  exists  a  notation  to  tliat  effect  should  follow  the  state- 
ment of  the  author  giving  the  source  of  his  knowledge  of  the  facts,  i.e., 
participation  in  conferences,  etc. 

If  there  were  no  written  or  verbal  communications  bearing  on  any 
point  mentioned  in  the  outline  the  deputy  should  so  state  under  the  proper 
heading  so  as  to  avoid  inference  that  the  subject  was  overlooked. 

Reports  will  be  obtained  from  adjninistration  members 
on  such  subjects  as  they  are  best  fitted  to  discuss.   These  reports 
are  of  the  utmost  importance  and  copies  thereof  should  be  included, 

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Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

Boston  Public  Library 


http://www.archive.org/details/worknnaterials18unit 


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as  exhibits  in  the  appendix  of  the  code  histories  for  the  follor/ing 

p-urposes: 

1.  General   inf omia.tion. 

2.  Operation   of   code  provisions. 

3.  I^inctionin^   of   the  administerinj^^-  hody. 

4.  Adeq-u.acy  of   industry   statistics. 

5.  Reconmer^dations. 

Stress  is  laid  on  complete  doc-uxient.^'.tion  of  t'-.ese  hiL'tori3s 
In  no  case  -jill  reference  to  source  of  material  "by  docmient  and  pa,^e  "be 
omitted* 

Each  volume  \7ill  conclude  with  a  detailed  and  thorough  alpha- 
betical index.  Volumes  v;ill  be  bound  in  blue  covers. 

An  original  and  five  carbons  will  be  made  and  bound,  and  when 
completed  will  be  for\;arded  to  the  records  section  (Hoora  4321,  Commerce 
Building)  for  revicv/  and  further  disposition. 

Reference  to  the  code  provisions  and  amendments  thereto  should 
be  made  by  article  and  section  and  by  page  number  of  code  or  amendment  as 
bound. 

Administrative  Orders  should  shoj  order  number,  date  and  approv- 
ing official. 

Reference  to  reports  of  Government  agencies  other  than  ITRA  should 
give  title  and  page,  industry  t-md.   release  number,  and  digest  or  e"tract  of 
im^Dortant  material.   If  not  too  voluminous  a  copy  should  be  included  in  the 
appendix. 

Reference  to  deputy's,  general  or  other  files  should  be  so  detailed 
and  specific  that  the  material  referred  to  may  be  readily  located,  including 
date,  name  of  sender  and  addressee  of  any  communication  referred  to  and  where 
possible  a  digest  or  extract  of  important  material  contained  in  the  doc-oment 
found  in  such  files  should  appear  in  the  history. 

If  the  doc^ojnent  is  voluninous  (such  as  transcript  of  hearing)  refer 
specifically  to  page  and  volume  and  ouote  extracts  if  desirable  or  such  por- 
tions thereof  as  will  convey  the  desired  ideas  adequately.   In  this  way  the  gist 
of  such  material  is  incorporated  in  the  history  and  the  docuiiient  becomes  a 
collateral.   If  the  document  is  brief  and  readily  lends  itself  to  copying  with- 
out too  great  a  sacrifice  of  time  and  effort,  it  may  be  copied  and  made  an 
exliibit  to  be  bound  as  an  appendix.   Fnen  more  than  one  document  falls  in  such 
a  class  the  exhibits  of  course  should  be  clearly  identified  and  reference  made 
thereto  at  the  proper  place  in  the  body  of  the  history, 

I.  General  Inf ormat  ion 

Reference  should  be  made  to  the  location  of  the  primary  material  which  is 
the  basis  of  research  for  the  specific  studies  to  be  made. 


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In  this  connect ioTx  reference  should  be  raade  to  the  source.   References 
should  he  sufficiently  specific  to  shov;  where  the  sources  of  informal 
tion  are  located  such  as  Code  Record  Section,  IT.R.A. ,  general,  deputy's 
files  or  name  of  staff  function  file, 

1.  Ref.  Printed  Code. 

2.  Ref.  Yol.  1,  II,  III,  Code  Record  Section.  Article,  section 

and/ or  page  nu^nher. 

3.  Ref.  Vo.  A  and  B,  Code  Record  Section. 

4.  Ref.  Administrative  Orders, 

5.  Ref.  Deputy's  files,  H.R.A. 
5.  Ref.  General  files,  N.R.A. 

7.  Ref,  Research  and  Planning  files,  11. R. A. 

8.  Ref.  Legal  Division  and  Compliance  files. 

9.  Ref.  Advisory  Council  Reports. 

10,  Ref.  Advisoiy  Boards  files, 

11,  Ref.  Government  Agency  reports, 

12,  Ref.  Code  Authority  report  in  re  Budgets. 

13,  Ref.  Trade  Association  reports. 

A.   Definition  of  Industry 

The  lastest  approved  definitions  should  "be  quoted  in  full  from 
the  code.   If  the  code  has  divisions  and  sub-divisions,  such  defini- 
tions should  also  be  included  with  references  irrespective  of  whether 
a  supplement  has  not  been  approved.   Consideration  should  also  be 
given  to  the  generally  and  publicly  accepted  meaning  of  the  respective 
industry. 

The  evolution  of  the  definition  through  the  various  drafts  of 
proposed  codes  with  an  explanation  of  the  changes  made  as  well  as 
references  to  tneir  respective  location  should  be  included. 

1.  Ref,  Proposed  Code,  Vol.  A,  Code  Record  Section. 

2.  Ref.  Transcript,  Vol.  III. 

3.  Ref,  Approved  Code  and  Amendments,  Article,  Section  and  page. 

1.  Principal  Products 

A  complete  tabulation  of  industry  products  should  be  herein 
enumerated  such  as  those  as  may  be  found  in: 

1.  Vol.  Ill,  A  and  B,   Code  Record  Section. 

2.  Printed  Code  and  Amendments  (Article,  section  and  page). 

3.  Department  of  Commerce  Publications. 

4.  Classified  lists  of  industries. 


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2 .   Products  alpo  iinaer  Other  Codes 

In  considering  prodacts  also  ruider  other  codeG  it  ic,  sii^'gested 
that  the  statement  be  confineu  as  fc^r  as  possible  to  the  bare  list 
of  products  under  other  coden  (if  none  so  state)  material  obtained 
from  sources  such  as: 

1.  Ref.  Codes  fjOArerning  similar  rctivities. 

2.  Hef.  Administrative  Orders,  Interpretations  and  Classifications 

3.  Ref.  Deputy's  files. 

4.  Classified  lists  of  industries. 

B.  Definition  of  Industry  Member 

A  late  and  complete  code  definition  of  industry  member  (show- 
ing additional  inclusions  or  exclusions)  should  be  herein  incladed 
with  references  such  as: 

1.  Ref.  Proposed  Codes,  Vol.  A,  B  and  III,  Code  Record  Section. 

2.  Ref.  Printed  Code  and  Amendments,  Article,  Section  and  page . 

1.   Classes  of  Members 

Members  should  be  ranked  together  as  possessing  some 
attribute  in  comr.on  and  for  some  conimon  pumose,  such  as: 

( a)  J.Ianuf  ac  t  loi-  e  r  s 

(b)  Vfholesalers 

(c)  Producers 

(d)  Retailers 

(e)  Jobbers,    etc. , 

and  any  subdivision  thereof  (natural  or  accepted)  which 
constitutes  a  separate  and  distinct  group. 

1.  Ref,  Proposed  Codes,  Vol.  A,  B  and  III,  Code 

Record  Section. 

2.  Ref.  Printed  Code  and  Amendments,  Article, 

Section  and  page. 

C .  Statistics  of  the  industry  (salient  only) 

Under  this  section  there  should  be  furnished  the  most  recent 
salient  industry  statistics  such  as: 


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(a)  Total  annual  sales 

(b)  N-omoer  of  concerns 

(c)  Aggregate  invested  capital 

(d)  Aggregate  production  capacity 

(e)  Aggregate  num'ber  of  employees 

(f)  Estimated  net  sales 

(g)  Latest  available  information  as  to  the  establishi.ents 

in  the  industry 

1.   References  to  material  within  or  outside  IT.R.A. 

References  to  the  sources  for  this  information  sho^ald 
"be  set  forth  such  as: 

1.  Recognizee  commercial  agencies 

Examples:   Dodge,  Ihm  £z   Brads  tree  t,  etc. 

2.  Department  of  Com.merce,  Censu.s  of  Manufact-jTss . 
o.   Department  of  Commerce,  Census  of  Distribution. 

4.  Research  and  Planning  Bulletins  and  records. 

5.  Reports  from  sponsoring  and  interested  groups, 

including  technical  and  statistical  reports 
prepared  "by  independent  organisations,  groups 
and  bureaus . 

6.  Claims  by  members  of  the  industry.   Volijme  III  - 

Code  Eacord  Section. 

7.  Code  fjles  including  Volume  A  and  B  mid   Vol-ame  II 

of  Code  Record  Section. 

8.  Correspondence  file. 

I I .   History  of  Code  Formulation 

A.   SiDOnsorin^:  organizations. 

1.   Statements  re  true  re-presentation.  age  and  ob.iectives, 
code  meetings,  et  cetera. 

The  statements  under  this  heading  should  support  the 
requirements  of  true  representation  as  prescribed  by  KHA 
policy  setting  forth  in  detail  the  age  of  the  sponsoring 
organizations,  information  relative  to  the  meetings 
held  preceding  the  submission  of  the  code  and  other  avail- 
able information  in  the  official  records.   The  histories 
should  indicate  references  such  as: 

1.  Ref .  Volume  A  and  B,  II  and  III  of  the  Code 
Record  Section  and  Deputy^s  and  General 
files. 


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2*       Off  icers^    po^e  ^coipiaittees,    int er es ted _ £Toxups . 

Tlie  list    should  in  elude: 

(a)     Officers 

(1))      Code   Cormnittees,    and 

(c)      Other   interested  grcJopa 

v^ith   their 

1,  Affiliations,    sponsoring  t?ie  proposed 

codes,    and 

2,  Should  "be  detailed  v/ith  appropriate 

references,    such  as  Volume  A  and  B, 
II   and   III  of   the   Code  Record   Sec- 
tion,   and 

3,  Deputy's  file,    and 

4,  Oeneral  Files. 

^»        From,  sulpmission^  oJ'_.f^r-g!^-  f^^P-^."*^.^'^Q'^^^,   "Q.  "';^"'-^]^^i^,  he,aring. 

All   records  pertaining   to  pre-hcaring  conferences 
and   other  ne^^otiations  leadin^?;  up   to    the  first  public 
hearing   should  "be  listed  under   this  heading  and   should 
he  described  by  reference  to   the  files  and  records 
containing  reports  of   these   conferences  and  negotia- 
tions,   such  as; 

(a)  Volumes  A  and  B 

(b)  Deputy's  File 

(c)  General  Files 

All  topics  of  discussion  at  these  conferences 
sho'old  be  set  forth  and  the  decisions,  if  any,  on 
subject  matters  indicated  herein, 

C •   Fubl  1  c^  H -ar ing s_ on  cp d_e , 

•^  *      Dates;  ,^  ^riajpr^  p er spnnel ;  ^  r esvJ ts . 

The  dates  of  all  public  hearings  on   the   code 
chronologically  arranged   should  be   indicated  to- 
gether v/ith  the  names,    addresses  and  business  af- 
filiation of  all   important  persons   taking  part 
therein.      The  history   sho'ola.  show   the  major   subjects 


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discussed  and  vvhat  was  accomplished  as   a  restilt  of    these 
hearings.      The  reference   slioiild  he  directed   to   Voliunes 
II  and   III,   A  and  B  of   the   Code  Record   Section  and   ex- 
hibits  suhaiitted  at  the  public  hearin^iS  presented  in 
support  of  the  contention  of   the  participating  personnel. 
In  referring  to   records  made  at   the  public  hearings  for 
use  of    subject  matter   contained  in  the   p,time  the  formula- 
tion of    this  portion  of   the  history   should  be  in  accord- 
ance v.'ith  Office   Instrcictions  IIo.    5  of  J-one  28,    1935. 

The  det^dls  of   the  actual   formulation  of  the   code  from 
public  hearing  to    the  final   approval    should  be   set   forth  under 
this    section  and   sho\ild  include  a  reference   to   all  post  hoaxing 
conferences  held  together  with  a  surma.ry  of   the   subject  matter 
and  results   thereof.      The  information   should  be  arranged  as 
follo\7s: 

1  •     ?r i ef^^sumnar^^  of ,_ po sir3CLpa?^ing„ conf  erenc es . 

Under   suivmary  of   post-hearing   conferences   there 
should  be   shov/n  the  action  t^dcen  in   eacli  case  v/ith 
reference   to   location  of    the  documents   including 
Deputy's  a,nd  G-eneral  Files,    Vol-ames   II,   A  and  B 
of   the   Code  Ilecord   Section, 

2,     Ap.'tiyi.t  i.?.§..  il}-.,o'9Jt£i-,inin2_  approval , 

Considerable   detail    sho"jld  be    furnished  in   the 
history  for   this  paragraph  and   should  include 

(a)  All  avail  cable  data. 

(b)  Suira:iaries  of  post-hearing  activity  v;hich 

took  2^1uce  du.ring  the  final   drafting 
of   the   code. 

(c)  A  description  of   the  particu.lar   code  pro- 

visions which  may  have  been  materially 
changed  from  those  discussed  at    the 
public  hearing, 

(d)  AnsY/ers  and  memoranda  on  disputed  points 

(including  N.R.A.  Advisory  Board  reports), 

( e)  Sufficient   information  to   identify  the 

method  and  degree  of   indi^.stry  assent 
thereto, 

(f)  Supported  by  necessary  reference,    such  as: 

Vorcurne  II  and   III,   A  and  B,   Deputy's 
Files,    exhibits  and  3-eneral  Files. 
Assent  -   See  Office  Order  15,    dated 
August   5,    1933. 


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3,  Date   of  &-pprovsl. 

P.ef.  -  Order  approvin.^  Code  -  Code  Record  Section, 

4 ,  Conditions  in  order  of  approva,!;  industry  reaction . 

Each  and  every  condition  in  the  order  of  approval 
should  "be  "briefly  set  forth.  References  -  Order  of 
Approval  -  Code  Record  Section. 

The  industry  reaction  can  "be  "best  determined  "by 
reference  to  the  General  ?iles  containing,  among  other 
information,  those  protests  filed  under  Executive 
Order  6205-B  and  other  protests  and  reactions  follow- 
ing public  approval  of  the  Code  as  v/ell  as  the  Ad- 
ministration Member's  report. 

III.   Code  Administration 

It  is  the  intention  to  have  a  complete  detailed  history  of 
the  Code  Administration  from  its  auproval  until  the  date  of  the 
Supreme  Court  decision  of  the  Schecter  case,  and  all  conclusions 
arrived  at  are  to  be  s-u;|3ported  by  complete  documentation,  either 
by  reference  or  by  coTJies  of  the  essential  dociJiiient, 

A,   General  preliminar;/-  discussion  of  the  period  of  code  adminis** 
tration,  covering  general  success  of  code,  or  lack  of  success, 
chief  difficulties  encountered,  extent  of  compliance  or  non- 
compliance; to  include  a  general  orientation  for  the  subse- 
quent discussion. 

When  statements  under  this  heading  are  made  which  cannot 
be  surpported  by  complete  documentation  but  lie  within  the 
recollection  and  personal  knowledge  of  those  administering  the 
Code,  this  fact  should  be  noted  in  support  of  the  statements 
made.   The  preliminary  discussion  will  include: 

1.  Difficulties  of  the  Administration  in  launching 
the  Code  Authority, 

2.  Developments  of  the  problems  incident  thereto 
during  the  full  period  of  Code  coverage  of  the 
Industry. 

When  discussing  the  lack  of  apparent  success  of  the  Code, 
or  portion  there.  ,  if  the  facts  or  the  reasons  for  these 
difficulties  are  available,  they  should  be  set  forth  in 
considerable  detail,  together  with  a  reference  to  the  location 


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or  documentatioii,    or   Gupporting  data  which  ma7  "be   referred 
to,      Corar)liance  proolems   should  be   se^rej';:ated  "by  classes, 
that  is  - 

1 .  Wage  s 

2.  Hours 

3,  Trade  practice 

4,  Other  typical  provisions. 

The  data  submitted  should  be  supported  ''oj   the  reports 
of  compliance  offices,  either  in  field  or  in  Washington; 
and  where  possible,  statistics  should  be  submitted,  broken 
down  to  set  forth  the  results  of  adjudication  of  compli- 
ance cases  by  voluntary  agreements  with  Compliance  Council, 
Litigation  Division  and  the  Department  of  justice. 

References  should  include: 

1,  Deputy's  "Files. 

2,  General  Files, 

3,  Administrative  Orders, 

4,  Compliance  Division  Files, 

5,  Research  and  Planning  Reports. 

6,  Advisory  Board  Reports, 

7,  Transcript  on  Hearings  on  Amendment, 

8,  Industrial  Appeal  Board  Decisions. 

9,  Reports  of  Special  Committees, 

10,  Reports  of  Administration  Members. 

B.   Organi7.ation 

1,  The  method  of  organization  should  be  set  forth  in  detail,  with 
appropriate  references  to  the  method  of  selection,  and  the 
order  recogniring  the  Code  Authority,  showing  the  order  number, 
and  the  date  or  dates  of  approval, 

Ref.  Code  and  Amendments,  Article,  Section,  and  page 

number,  Adi-ninistrative  Orders, 
Ref.  General  and  Deputy's  Files, 

2,  Personnel  of  Code  Authority  shoald  include  - 


(a^  Names 

(b)  Addresses 

(c)  Company  (Approximate  size  tliereof) 

(d)  Association  or  Group  affiliation 

(e)  Geographical  or  other  re->-iresentation 

(f)  A  brief  digest  of  the  me'.:' tings  held,  and 

(g)  What  was  accomplished. 


7888 


-10' 


3.  Each  and  every  change  in  the  membership  of  Code  A^ithority 
(including  the  Adjnini  strati  on  Mombor),  should  he  set 
forth  in  detail,  if  any,  uith  the  reason  therefor. 

Ref.  Adjnini rrbrative  Orders. 

4.  Agencies  of  the  Code  Authority  (including  Divisional,  Suh- 
divisional,  Regional  and  Special),  should  be  commented  upon 
fully,  and  their  activities,  personnel  and  functioning 
should  be  described  in  detail.  These  Agencies,  for  purposes 
of  this  history,  are  to  be  segregated  into  - 

(a)  Local 

(b)  Compliance 

(c)  Statistical,  and 

(d)  Other, 

describing  their 

(a)  Activities 

(b)  Personnel  and  functioning,  and 

(c)  Citing  the  sources  of  reference. 

Ref.   Administrative  Orders. 

Rcf .   Code  and  Amendments,  Article,  Section  and  page  number. 
Ref,   Deputy's  and  General  Files  and  Compliance  Files. 
(And  any  reports  that  may  have  been  submitted  by  these 
agencies), 

5»  Field  organization,  as  distinct  from  local  agencies,,  if  any,, 
its  set-u-Q,  poners,  duties  and  functioning . 

1.  Ref.  Code  and  Amendiients,  Article,  Section  and  page 

number, 

2.  Ref.  Administrative  Orders. 

3.  Ref,  By-Laws. 

a.  Operation  and  Accomplishments 

Ref,  Code  Authorities'  Files  and  RoToorts. 

6 ,  Disoission  of  oiperation  of  the  code  authority  as  an^  industry. 
governing  body,  including-  successes,  failures,  difficulties., 
and  a  general  estimate  of  value^  also  any  evidence  of 
discrimination. 

Under  this  section  should  be  given  a  full  description 


7888 


-11- 


of  the  oporation  of  the  Code  Authority  as  an  industrial 
governing  "body,  including  its 

(a)  Successes 

("b)  Pai  lures 

(c)  Difficulties,  and 

(d)  A  general  estimate  of  value  of  its  "".vork 

to  the  industry. 

.Citing  source  of  references, 

1.  Ref,  Deputy's  and  G-eneral  Files,  and  Compliance  Files, 

2.  Ref.  Administrative  Orders. 

3.  Ref,  Administration  Member  Reports, 

C»  iBudget^s_ancl^as_is_  of  Assessment. 

PuLl  "budgetary  history  is  essential  and  should  include  all 
periods  covered  "by  Irudgets,  dates,  order  numbers,  and  the  finan- 
cial structure  of  the  Code  Authority  for  those  periods.  Dis- 
tinction should  he  made  between  voluntary  and  mandatory  assess- 
ments, and  separately  commented  upon, 

•^ •  Budgets  as  submitted-  and  approved. 

Budgets  as  submitted  and  approved,  should  be  detailed? 
together  with  reference  as  to  the  location  of  the  true 
copies  thereof: 

1,  Ref,  Code  and  Amendments,  Article,  Section  and 

page  number, 

2,  Ref.  Administrative  Orders. 

3.  Ref,   Deputy's  Files. 

4.  Ref.   Code  Authority  Accounts   Section 

2,  Termination  of  Paragraph  3  of  Administrative  Order  X-36, 

Termination  of  Paragraph  3  of  Administrative  Order  X-36, 
if  any,    should  be  referred  to   and  pertinent  orders  digested, 

1,  Ref,  Adjninistrative  Orders, 

2,  Ref,  Deputy's  Piles, 

3,  Ref.  Code  Authority  Accounts  Section 

3,  Effect  of  Other  Administra^tive  Orders, 

Administrative  Orders  relative  to  budgets  and  basis  of 
assessment,  if  they  affected  the  particular  Code,  should 
be  mentioned,  and  the  degree  of  effect  thereof.   In  some 
cases  it  may  be  advisable  to  set  forth  in  considerable 
detail  the  effect  of  these  Orders, 


'888     / 


-12  &  13- 

1.   Rof.  Deputy's  files. 

4 ,  Income  from  Laoels . 

In  thone  industries  whose  Code  provides  for  lalDels, 
the  history  should  recite  the  success  or  failure  of  labels 
as  a  medium  of  income  and  the  total  ajnount  of  income 
therefrom  should  "be  sup^^lied  witn  appropriate  reference. 
If  the  Code  did  not  provide  for  the  use  of  la'bels,  there 
should  he  a  statement  to  this  effect. 

1.  Eef.    Deputy's  Files. 

2.  Ref,    Code  Authority  Accounts   Section. 

3.  Ref.    Research  and  planning  Division  Files. 

5 ,  Proportion  of  Assessments  Collected. 

The  proportion  of  a.ssessraents   shouldsshov/  the  amo"an.ts 
assessed  and  the  c^jnounts   collected,   with  percentages   computed 
on  the  "budgetary  hases, 

\ 

a.   Discussion  of  Difficulties  Involved,  Certificates  of  Ilon- 
Pgyment  t  protests  and  Actions  Talcen.   (Coordinate  with 
Compliance  Division) . 

It  is  important,  under  this  headin^;^,  to  show  the 
success  ov   failure  of  the  Industry  to  finance  itself 
through  assessment,  and  particularly  to  show  possible 
lack  of  interest  in  later  Code  periods  "by  reporting 
the  falling  off  of  collections  as  compared  with  earlier 
periods  of  code  coverage,  and  to  recite,  in  addition 
thereto,  methods  used  by  the  Code  Authority, 

1.  Ref,  Deputy's  Files. 

2.  Ref,  Compliance  Files. 

3.  Ref.  G-eneral  Files. 

4.  Ref.  Code  Authority  Accourits  Section, 

6,  Fin8n.cig.l  operations  of  Code  Authority  in  rela.tion  to  its 
other  operations . 

The  relationship  of  financial  operations  of  the  Code 
Authority  to  its  other  operations,  by  '.7a,y  of  con^parison, 
should  be  submitted  under  this  section.   This  would  particu- 
larly apply  to  the  history  of  those  industries  which  presented 
general  Code  Authority  Administration  difficulties,  as  well  as 
financial  problems,  due  to  lack  of  genuine  support,  either 
from  the  beginning  of  the  Code  or  a  general  falling  off  of 
interest  in  its  labor  phases.   References  shoiild  be  m.ade  to: 


7888 


-  14  - 


1.  ?.ef.  Deputy's  files. 

2.  Ref.  Heses.rcli  aiid.  Flanninfr  files. 

3.  Kef.  Code  Authority  Accounts  Section, 

4.  Ref.  Code  Authority  files. 


Administration  of  th?  Code 


1.   Arn.endinents 


The  information  supT:ilied  here  should  incTiide  a  full  dis- 
cussion of  ir.odif icatioiiP  of  the  Code  and  should  tie  in,  with 
the  subject  matter  furnished  under  the  provision  earlier  dis- 
cussed regarding  problems  of  code  administration,  with  the 
idea  of  developing  nnd  rectifying  the  earlier  TJi'oblems  through 
code  amendment.   This  information  should  he  completely  docu- 
mented by  reference  to  the  location  of  correspondence  with 
members  in  the  Industry,  Code  Authority,  and  others,  together 
with  a.  reference  to: 

(a)  Hearings 

(b)  Opportunities  to  be  heard 

(c)  Post-hearing  conierencr3s  on  amendments 

Reference  should  be  mc-de  to: 

1.  Transcripts  and  Vol.  II  on  amt-ndj'ients . 

2.  General  and  Deputy's  files. 

a.   ibjffect  on  the  industry 

As  fully  as  possible  the  history  shoiild  reflect 
effect  thesjs  amendments  and/or  nodif ications  had  uron 
the  industry  as  a  whole,  both  from  the  oioinion  of  thor-'«=- 
administering  the  code  as  well  as  reference  to  corres- 
pondence or  o■^.her  matter  which  may  tend  to  elaborate  upon 
the  effect  of  cncnges  in  the  cod^e  on  the  industry. 
References  such  as: 


Deputy's  files. 
Compliance  files. 
General  files. 
Administra,tive  Orders. 
Administration  nembei's  re'oorts 


^ •    Critical  discussion  of  value  of  amendments,  including 
unaoproved  £.,:i8ndnents . 

From  the  point  of  code  fidministration  the  history 
should  include  a  critical  discussion  of  each  amendment, 
and  if  the  ma.tter  produced  in  the  history  is  opinion 
matter  rather  than  information  supported  by  diocuraents,  the 
author  should  so  sta,te  and  his  discussion  of  the  value  of 


-  15  - 


unap-proved  amendments   likevdse   should  "be  so   developed. 
References   should  be   noted  to   sources   of  information, 
such  as: 

1,  Special   reports. 

2.  General   and  Deputj'-' s   files. 

2.  Interpretations 

a.  The  official  interpretations  of  code  provisions 

should  "be  chi-onGlOf:;ically'  arran^ced  !>:/  epitomizing  the 
subject  matter  discussed  therein,  and  settinjr;  forth 
the  official  order,  together  with  the  date  and  the 
name  of  the  person  v;ho  signed  it.   In  each  case  the 
official  I'lEA  interpretation  should  be  set  forth  in  full 
in  the  appendix  in  the  history.   References  should  be 
made  to: 

1.  Administrative  Orders. 

2.  General  and  Deputy's  files. 

3.  Division  Administrator's  Orders. 

b.  The  results  of  the  interpretations  reflected  from 
the  inaustry  point  of  viev  should  be  stated  and  a  dis- 
cussion given  in  cases  where  the  interpretation  resulted 

in  conflict  viith  other  industries  later  cod.ified:  References 

1.  Administrative  Orders. 

2.  General  and  De-outy's  files. 

3.  Division  Administrators'  Orders. 

c.  A  discussion  of  the  value  of  approved  interpretations 
should  be  supplied,  fully  documented  by  reference  to  the 
material  supplied  in  support  of  the  discussion.   If  the 
matter  supplied  under  this  subsection  consists  largely  of 
opinion  of  the  authors  it  should  be  so  stated.   References: 

1.  Adiiiinistrative  Orders. 

2.  General  and  Deputy's  files. 

3.  Division  Administrators'  Orders. 

3,  Exemption  and  stays 

Exemptions  are  to  be  primarily  grouped  into  classes, 
with  a  complete  summarization  of  each  of  the  different 
classes.   That  the  summarization  may  be  more  illustrative, 
it  is  essential  to  identify  the  most  significant  orders 
in  each  class,  giving  a  full  discussion  of  their  subject 
matter,  purpose  and  effect.   In  all  cases  of  total  exemp- 
tions, (stays)  they  are  to  be  separately  indicated  and  dis- 
cussed. 

7883 


-  16 


1.  Adraini strati Ye   Orders. 

2.  General  .aiid  Deputy's  files. 

3.  CoTnpliance  files, 

4.  Research  and  Planning  files, 

5.  Division  Administrators'    orders. 

4 .   Other  administrative  actions  a.nd  g.gcencies . 

8..  Tra.de  'oractice  complaints  committees. 

The  names  of  "business  affiliations,  addresses, 
and  qualifications  of  the  committee  should  he  set 
forth  in  detail,  v/ith  appropriate  references  such  as: 

1.  Administrative   Orders, 

2.  Deputy's  and  General  files. 

3.  Division  AoLiinistrators'    Orders. 

!•         The  organization,  duties,  a.ctivities,  and 
a  "brief  resume  of  the  plan  itself  should  "be 
detailed  with  complete  doc-amentation,  and  refer- 
ences such  as: 

1.  Administrative   Orders. 

2.  Deputy's  files, 

3.  Division  Administrators'    orders, 

!>•     La"bor  Comnolaints   Comjaittoes 

The  personnel  of  the   committee,   "business  addresses, 
ai'f illations  and  qiialif  ications   should  "be   included;    if 
none   it   should  "be   so   stated,   with  references   such  as: 

1,  Administrative  Orders, 

2,  Deputy's  and  General  files. 

3,  Division  Administrators'  Orders, 

1«        The  organization,  duties,  activities,  a  "brief 
resume  of  the  plan,  and  accomplishments,  if  any, 
should  "be  detailed,  with  reference  to: 

1.  Administrative   Orders, 

2.  Deputy's  files 

3.  Division  Administrators'    Orders, 


7888 


-  17  - 


c.  By-'laws 

The  lDy-lr;jB  of  the  Code  Authority,  or  any  re^a- 
lationr.  or  riiLes  of  procedure  issued  "by  the  Code  Au- 
thority, sho-old  "be  commented  upon,  and  a,ny  unusual 
provisions  set  forth  v/ith  references  such  as: 

1,  j'Ldininist native  Orders, 

2,  Deput;?"^  s  an.d  General  files* 

3,  Division  Administrators^    Orders, 

1,  Steps   in  ohtaining  the   approval  of 

"by-laws,    recommendations  of  various  advisers, 
arnendjnent s  made  pursuajit   thereto,    approved 
deite,    -3Jid  the  general   operation  of   the   ru3.es 
of  procedure   should  "be   ela"borated  upon,    with 
references   such  as: 

1,  Administrative  Orders, 

2,  Deputy's  and  General  files, 

3,  Division  Administrators'  Orders, 

d.  Other 

Any  other  peculiar  administrative  actions  or  agencies 
including  use  of  Trade  Associations  in  administration  of 
code  and  effect  of  code  on  trade  association,  should 
he  specifically  set  forth  in  this  section,  wit>h  complete 
doc'omentation,  and  if  none  it  should  "be  so  indics.ted. 
References  such  as: 

1,  Administrative  Orders, 

2,  Deputy's  and  General  files, 

3,  Division  Adjninistrators'  Orders, 

5 .   Other  phases  of  code  administration  not  covered  a"bove . 

Any  other  phases  of  code  administration  not  heretofore 
covered  should  be  fully  detailed  and  documented  in  this  section, 
with  appro"oriate  references  such  as: 

1,  Administrative  Orders, 

2,  Deputy's  and  General  files, 

3,  Division  Administrators'  Orders, 


7888 


-  18  - 

IV.      Qx^eraticn.^of ..  code  l^i'pyijr ionc.. 

A«      p_efinitions 

The  operation  of  the  definition  propcsec'    oy 
the   sponsors   cand  ibs  relation   to   definitions   con- 
tained in  code;    for   allied  induntries   sho-old  be 
elaborated  upon  fully,    with  /.iporopi'iate  ref ereuccG 
such  as: 

1.  Proposed   Code,    Vol.    Ill,   approved 

Co  d  e  and  Am  endin  en  t  r-. ,   Ai- 1  i  cl  e , 
Section  and  Page, 

2.  Administrative  Orders, 

5,  Divi'-uon  Administrative  Orders. 

li       Any  ouestioH  of  overlajpin;^  resulting'  from 

the  definition  which  covered  products  or  operations 
of  other  indu.stries  should  be  elaborated  upon  with 
appropriate  steps  taken  to  adjust  differences 
arising;  thereby  and  the  author's  recommendations 
as  to  possible  means  of  correction  in  the  future. 
Examples  of  steps  taken,  i.e.: 

(a)  Conferences. 

(b)  Pro-Qosed  changes. 

(c)  Coordinating  activities, 

(d)  Administrati'^^e   suggestions, 

( e)  Clsissification  orders. 

If   these  recommendations  are  not    substmitiated 
by  references  but  are  based  oh   the  opinion  of    the 
author,    it    should   so  be    stated.      If   tiiere  is  no   over- 
la-Qj^in^^;,    this   section   should   so    state,      Eeferences 
should  be  given,    such  as: 

1,     Adifiini strati ve  Orders. 


<■• 


Classifications, 
3,      Interpretations, 
4  •     All  endm  en  t  s . 
5,      General   ;-.nd  Deputy's  Files. 

oTDocial   Board  or   Comiuittee  Peioorts, 


c 


7,  Division  Administrators'  Orders. 


B,  ?ag_cs 


The  basic  v;age  rates  as  contained  in  the  code  of 
the  industries  in  question  should  be  set  forth. 


7838 


-  19  - 


Reference   qv.cii  as: 

Code  and  Aiaendinents,   Article,    Section 
and  Pago. 

1,  The    effect  of   the   code  v/a^e  provisions  upon 
the  industry  v;age  level   as  a  whole;   \ipon  the 
industry  v;af^;e  minima,   and  upon  the  avera-ere  wage 
rate.      In  this  respect,    additional    statistics 
may   do  necessary  ^ander  this  heading  to    support 
statements  made   showing  the  effect  of   changes 

in  T/age  levels  in   the  industry  as  a  resiilt   of 
the  adoption  of   the   code,      Furthei-more,    complete 
references   should  "be  given  to   correspond  with 
all    sources  regarding  the   effect   of  wage  pro- 
visions,   such  as: 

1,  Vol.   A,    B,    and   III. 

2»  Code  and  Amendments, 

3,  Hearings. 

4,  Research  and  Planning  Reports. 

5,  Exemptions. 
3,  Stays, 

7,  Depi-Lty's  Pilos. 

8,  Government  Agency  reports. 

9,  Accepted   Commercial   reports    (i.e., 

Dodge,    and  Dun  and  Bradrtreet), 
10,      Department   of   Commerce   Census  reports, 

2,  Industry  compliance  with  code  v;age  rates  should 
"be  elaborated  upon,  with  appropriate  references 
such  as : 

1,  Compliance  Division  Piles, 

2,  De];3uty*s  and  G-enero.l  Piles. 

3,  Research  and  Planning  reports. 

4,  Labor  Advisory  Board  re-oorts, 

3,  SLcilled  and   semi-skilled  wages  rates   should  be 
stated  in  detail   and  it   should  be   further   stated 
whether  or  not    s\"ich   skilled  v/age  rates  were  or 
were  not  arrived  at    through  collective  bargain- 
ing.    As   an   example,    there  may  have  been  developed 
in  the  particular   industry  considerable  history 
preceding   the  adoption  of   the   code  relative   to 

the   establisiiment  of   skilled  wage  rates   in  the 
industry  which   should  be   tied  in  as  "oreceding 


7888 


•20  ~ 


history  to  the  adoption  of  the  code  vfaj^e  rates, 
with  appropriate  references  such  as: 

1.  Compliance  Division  Files, 

2.  Deputy's  a.nd  General  i'^ilea. 

3.  Eesearch  and  Planning  reports. 

4.  Labor  Advisor^''  Board  reports. 

4.  Any  code  provision  requiring  the  adjustment  of 
wages  upward  should  be  elaborated  upon  under  this 
section.   References  such  as: 

1.  Corapliance  Division  Files. 

2.  Deputy's  and  General  Files, 

3.  Research  and  Planning  ReT)ortr;. 

4.  Labor  Advisory  Board  Reports. 

5.  Code  and  Airiendraent  s ,  Article,  Section 

and  Page. 

5,  Any  mal-adjustment  v/ith  other  industrier.  should 
be  treated  under  this  section.   This  incliides 
business  conflict  \7ith  other  codes  covering 
similar  operations  wherein  the  codes  contain 
less  favorable  wage  rates  than  in  the  code 
under  discussion. 

6,  A  brief  resume  of  the  posting  of  labor  provisions 
in  so  far  as  they  affect  wages,  and  their  ob- 
servance by  industry  members,  should  be  detailed, 

7.  Comment  is  to  be  i:ade  whether  11, R. A.  insignia  was 
displayed,  and  to  what  extent,  as  evidence  of 

the  industry's  compliance  v;itii  the  wage  provisions 
of  the  code. 


C,  Eours. 


1.   The  general  effect  of  hours  provisions  of  the 

code  on  tha  industry  as  a  whole  should,  be  noted. 
Under  this  heading  there  should  be  set  forth  com- 
plete information  regarding  the  effect  of 
shortening  hours  upon  emplo;;.Tii3nt,  with  appropriate 
references  such  as: 

1.  Vol.  A,  S,  and  III. 

2.  Code  and  Amendments,  Article,  Section 

and  Page. 

3.  Hearings. 

4.  Research  and  Planning  reports. 

5.  Exemptions. 

6.  Stays. 

7.  Deputy's  Files. 

8.  Government  Agency   reports. 


738c 


-  -21 


2,  Unusual  provisions  such  as  tolerances,  peai-:- 
period,  and  various  differantials,  should  be 
treated  separately,  supported  fully  'by   reference 
to  correspondence  and/or  infoi^iation  contained 

in  official  records,  and  in  ca.^es  of  differentials 
the  natter  should  be  ei-diaustively  treated.  PeaJc- 
period  provisions  should  "be  tied  in  i7ith  requests 
for  exemptions  if  such  iDrovisions  in  the  code 
were  of  insufficient  length  to  conply  with  in- 
dustry prohlenis  due  to  seasonal  pcalj:s.  References 
such  as; 

1.  Compliance  Division  Tiles. 

2.  Deputy's  and  General  Files. 

3.  Research  and  Plarjiin^^  reports, 

4.  Lahor  Advicor;r  Board  reports, 

3,  A  recitation  of  industry  compliance  witn  your 
provisions  should  he  set  forth  and  v/nore  jDOSsihle 
statistics  should  he  pi'ovided,  Purtheniore, 
compli^jice  sources  and  labor  "Ujiion  information 
supplied  T-.here  available,  uith  appropriate  references, 
such  as: 

1.  Compliance  Division  Files. 

2.  Deputy's  ano.  General  Piles. 

3.  Resea,rch  and  Planning  reports. 

4.  Labor  Advisory  Board  reports. 

4,  Any  mal-adjustnent  uitb  other  codes  coverin^^ 
similar  opera.tions  v^ierein  tlie  codes  therefor 
contain  less  favorable  hour  provisions  than  in 
the  code  luider  discussion.   References  such  as: 

1.  Compliance  Division  Files. 

2.  Deputy's  and  General  Files. 

3.  Research  and  Planning  reports. 

4.  Labor  Advisory  Board  reports. 

5,  A  brief  resuiiie  of  the  posting  of  labor  provisions 
ir  so  f£ir  a,s  they  affect  hours,  and  their  ob- 
servance b;/  industry  mcvmbers,  should  be  detailed, 

6,  Comment  is  to  be  made  ivhether  N.R.A.  insignia  was 
displayed,  and  to  what  extent,  as  evidence  of  the 
industry's  compliance  with  the  hour  previsions 

of  the  code. 


7C88 


~  ;:2  - 


1,     Attention   should  "be  given   to    the  reduction  in 
cliild  lalDor  with   conplete  information  as    to    the 
conditions   existin-^  "before   the  adoption  of  the 
code,   v;ith  full   references,    such  as: 

1.  Vol.  A,    3,    and  III, 

2,  Code  ojid  Amendnents,   Article,    Section 

and  Pai^e* 

5,  Hearings. 

4,  Research  and  Planning;  reports. 

5^  Exempt ions. 

'•?.  Stays. 

?•  Deputy's  Piles. 

G,  Government  Agency  reoorts. 

2*      The   extent  of  homo  work  activities   in   the  industry 
Lefore   the  ado-ption  of   the   code  and  the   effect 
of   the  limitations  placed   thereon  "by  code  pro- 
visions  should  "be  detailed  with  ftill   references 
scich  as : 

1.  Administrative  Orders. 

?,  Eeoorts  of   Special   ConuTiission. 

3«  Research  and  Planning  reports. 

4.  Reports  of    the  various  Advisory  Board. 

5.  Code  Authority  reports. 

6.  Greneral   and  'Dep-o-ty's  Files. 

3#      Code  provisions,    for  handicaro-j^ed  workers    should 
"be  included  ana  detailed   stctem.ent  made  as  to 
the  general    effect   of   these  provisions,    as  well 
as  Scecutive  Order,   upon    this   class  of  \/orkers. 
References,    such  as: 

1.  Code  and  Amendments,   Article,    Sf^ction 

and  Page. 

2.  Compliance  Division  Piles. 

3.  Deputy *s  and  General  Piles. 

4.  Research  and  Planning  reports. 

5.  La'bor  Advisory  Soard  re-oorts. 

4,  Apprentice  and  learner  provisions  should  "be  de- 
tailed and  the  effect  of  these  provisions  upon 
employment  of  this  type  of  workers  in  the  industry, 
and  if  there  appear  to  have  "been  efforts  made  "by 
employers  to  ejcploit  this  tj^npe  of  worker  through 


7383 


-  23  - 


the  use  cf  these  provisionc   in   the   code,    full 
ejqplanatioii   should  be    set  i'orth,    together  \7ith 
the   ste]?s   taken  "by  the  Admnistration   to   alleviate 
the  prolyl  cr.i.     Refer  once   should  oe  made   to    the 
location  of   correspondence  and/or   records  re- 
sulting from  any   such  action.      References   such 

1.  Code  and  Amendments,   Article,    Section 

and  Page, 

2.  Compliance  Division  Files, 
5.      Deputy's  and  General  Files. 

4.  Research  and  Planning  reports. 

5,  Lahor  Advisory  Board  reports. 

5,      Statement  as   to   the  operation  of  all   other  lalor 
provisions   incorporated,  in   tne   code   should  "be 
elaborated  upon,    v;ith  references    such  as: 

1,  Vol.  A,  B,  and  III. 

2,  Code  and  Amendments,  Article,  Section 

and  Page. 

3,  Hearings. 

4t,  Research  and  Planning  reports. 

5,  Exemptions. 

6,  Stays. 

7,  Deputy's  Files. 

8,  G-overnraent  Agency  reports. 

E,     Adiiii_ni  s  tr  at  i  y  e^.p^'pyl  si  ong  • 

1,  The  nature  and   extent   of   the  investigation  of 
records  as    set   forth   in   the   code   should  "be   shovm 
cUid   the  history  should   include  whether  or  not   the 
section  v;as   the  model    code  provision.      References   such  as 

1.  Code  and  Amendments,   Article,    Section 

and  Page, 

2.  Administrative  Orders. 

3.  Deputy's  and  General  Piles. 

4.  Compliance  Division  Files. 

2.  Fnether  or  not   collection  of   statistics  v/as 
delegated   i:o    the   confidential  agency,    or    some 
agency  of   the   Code  Authority,    or   some  govern- 
raental   agency,    and   the  nature  of   the  provision  in 


7888 


the  Code  (whether  model  fom  or  othonvise),  as 
well  as  the  success  or  failii-re  of  the  operation  of 
the  section  should  be  set  forth  in  detail  v:ith 
references  such  as, 

1.   Code  and  Amencirnents,  Article,  Section 

and  Page. 
2»     Administrative  Orders. 

3 .  Deputy  •  s  aiid  Gene  ral  Fi  1  e  s « 

4.  Compliajice  Division  Files. 

Z,      If  the  Code  contained  the  model  lic^aidated 

damage  provision  it  sho-old  he  so  stated,  with 
appropriate  references.   If  not,  it  should  he 
stated  whether  or  not  there  wa-s  any  provision 
for  liquidated  damage  and,  if  so,  the  provision 
should  oe  briefly  digested  \;it!i  appropriate 
references  such  as: 

1.  Code  and  Amendments,  Article,  Section 

and  Page, 

2.  Administrative  Orders. 

0.  Depr.ty's  and  General  Files. 
4.   Conpliance  Division  Files. 

4,   Any  other  adriinistrative  provisions  should  be 

treated  fully  v/ith  detailed  references,  such  as: 

1.  Code  and  Ar-iendments,  Article,  Section 

and  Page. 

2.  Administra.tive  Orders. 

3.  Deputy;-' s  and  C-eneral  Files. 

4.  Compliance  Division  Files. 

F.  Price  and  Accoun.tin-^;  Provisions, 


All  pertinent  features  of  the  Code  provisions  re- 
garding price  control  and  accounting  should  be 
detailed  with  a  full  discussion  of  t-ie: 

1.  Operation  of  these  provisions,  and, 

2.  Their  hnowji  effect  on  all  classes 

of  the  industry  membership. 

As  these  tyr^cs  of  Code  provisions  resulted  in 


7888 


—  ^F-. 


conBideralDle  controverc^,  noii-conpliajice,  and 
other  -Ti'o'talens  a  full  lecitatioii  of  such  pro'bleins, 
if  the-j  arcose,    should  'he   elaoorated  upon  in  the 
his  tor--.   It  is  thought  advisable  to  give   some 
iiistoric  oack^^ronnd  of  problems  confronting  the 
industry"  previous  to  the  adoption  of  these  pro- 
visions, with  jjarticular  reference  to  price 
cutting  and  extreme  competitive  conditions 
therein.  Full  reference  shorJLd  "be  given  to 
sources  of  inforr^ation,  such  as: 

1.  Code  and  Aiaend::ients. 

2 .  Deiiut 2" '  s  and  G-ene  ral  Files. 

3.  Adrainistrative  Orders, 

4.  Research  and  Plannin;,'?^  reports. 

5.  Borrds  and  Connitteo  reports. 

Price  ffiling. 

Code  provisions  providing  for  price  filing 
should  be  set  forth  in  detail  s.s  to  the  conditions 
making  price  filin.^;;  provisions  advisaole,  and  the 
history  should  recite  the  results  of  price  filing 
provisions  if  they  existed,  together  "Tith  the 
problems  arising  incident  tlioreto.   References 
s^ich  as: 

1.  Code  and  Ai'iendiuents,  Article,  Section 

and  Pc\ge. 

2.  Deputy's  and  G-ene  ral  Piles. 

3.  Afcinistrative  Orders. 

4.  Research  and  Planning  reports. 

5.  Boards  and  Committee  reports. 

TTaiting  Periods. 

Waiting  periods,  if  provided  in  price  filing 
provisions  should  be  discussed  in  detail,  together 
Yilth   the  degree  of  complitmce  and  the  s^iccess  or 
failure  of  such  provisions.  A  statement  should 
also  be  included  a.s  to  v/hether  or  not  the  waiting 
IToriod  was  stayed  in  the  order  of  approval  as 
req_uired  oy   adiainistrative  polic}'",  with  references 
such  as: 


7838 


1.  Ccdo   ond  Amenair.ent s,   Article,    Section 

and  pp^e. 

2,  D^^puty*"^  and  G-emrsl  rii-f^f^, 

3,  Admi;:.istrativo  Orciers. 

4.  ReyearcL  and  planning  x-f^portij. 
Boards  ond.  Gomrittee  reports. 


c 


*- •  Smer.geno;/  Px-ic?  Bases . 

In  tLose  codec  in  which  there  were  provisions 
controZ-ling-  prices,  and  per;nitting  the  declaration 
of  an  emergGncy  the  effect  bhereof  and  action 
taken  thereunder  should  he  set  forth  in  detail 
with  references  such  as: 

1.  Code  and  Aiaendiaent s,  .A'ticie,  Section 

and  Pae;e. 

2.  Deputy's  a^id  G-eneral  Jlles. 

3.  Administrative  Orders, 

4.  Research  and  Planning  reports. 

5.  Boards  and  Committee  reports, 

3,  Accounting  Systems  or  Copt _  Systems. 

Wnere  accounting  systems  or   cost    systens 
were  provided  for  a  statement   as  to  whether  they 
Kero   st?u'-dard  or  model   or  other\/ise   should  oe 
made.      Their   success   or  fail. are   in   accoirrp dishing 
the  pui^poBCs   causin.-c  their  adoption  should  he 
set  forth  in   detr?il.      P.eferences   such  as: 

1.  Code   and  Ajiiendi.ients,    .Article,    Section 

and  Page. 

2.  Deputy*  s  and  G-eK.eral  Piles, 

3.  Adroixiistrative  Orders. 

4.  He  sear  en  and  Planning  r':^ports. 

5.  Boards  and  Com: dt tee  re-_)Orts. 

4.  Administrative  Price  Polic;^. 

Per  those   industries  v/aich  did  not   ado-ot 
the  provisions   suggested  pjid  accepted  as  the 
policy  of  the  Adnixii  strati  on   (Office  l.Iercoranda 
of  1/29/34,    2/3/34  and  #228   of  G/7/34)    respecting: 


7388 


"  ?r(  " 


(a)  Price  filing. 

(b)  ii]rner<;;enc7  prices, 
( G )  A'': c OTint  ing ,    or, 
(■l)  Cust   systems, 

the   reasons  therefor   should  do   v^iven,    with 
pr.rticala.r  re.^'ureuco    to   their: 

^ . »     AcTot  t  a"b  i  1  i  1 7 ,    and. , 

3.  De:.irabilit7 

in  the  industry  ^anaer  discussion. 

i'or  those  industries  which  did  adopt  any  of  such 
provisions,  their  accepta"bility  and  effect  in 
the  industiy  should  he  elaborated  upon. 

5,   Clas  s  if  i  cat  ion  of  Cus  t  one  r  s . 

Provisions  relative  to  classification  of 
customers  should  he  set  forth,  together  with 
pji  outline  of  the  results  of  such  pro-7i:;ions, 
and  their  effect  on  industi'y  proDlems.   In  this 
respect  the  code  provision  in  relation  to  the 
policy  x^re scribed  hy  office  memorandum  267  should 
de  disciissed  in  detail.  References  such  as:  _^ 

1,  Code  and  Amendiiients,  Article,  Section 

a.nd  Page  •  ->  ■• 

2,  Deputy's  and  General  ITiles, 

3,  Administrative   Orders. 

4,  Research  and  Plajining  reports, 

5,  Boards  and  Committee   reports. 

S •     Price  Differentials 

Price   differential  provisions    should  he   de- 
tailed to  provide   a   hackground  for   the   a.doption 
of  price   differentials,    together  v:ith  the    success 
or  failure  of   such  provisions   in  the   operation 

of   tlie    Code.      References    such  as: 

1«      Code   £ijid  Aiacnd-v.ents,    Article,    Section 

and  Page. 
'3a  Deputy's  and  General  j'iles, 
5,  Administrative  Orders. 

4,  Research  and  Planning  reports. 

5.  Boards  and  Committee  reports. 


7888 


--  28   - 


a.      Stop-loss  Provisions.. 

provisions  providing  for   stop-loss   should 
"be   digested  T,/itii  f-cQl  reference   to   tne   loca- 
tion of  rnf^terial   supplied  thereunder. 
References   such  as! 

1,  Code   £jid  AmendjnentG,   Article,    Section 

and  Page, 

2,  Deputy's  and  General  Files, 

3,  Administrative  Orders, 

4,  Research  and  Planning  Reports. 

5,  Borrdsand  Committee  Reports, 

'^  •     ?er.as   of  pa.;^.r''OPnt « 

1,  Code   and  Ainendnents,    a'lrticle,    Section 

o.nd  Pa.'^fe , 

2.  Deputy's   and  G-eneral  Files, 
G.     Administrative   Orders. 

4.  Research  rnd  Planning  Reports. 

5.  Boards  and  Ccmnittee  Reports, 

8,      Cooperatives, 

Code  provisions   relative    to   cooperative 
organizations   should  he    included,    together  with 
their   relationship   to   conditions    set   forth  in 
Executive   Orders   6355  of  10/23/33  and  6506A  of 
2/17/34  regarding  coopero.tives.     pLeferences-  such  as! 

1,  Code   and  Anendraents,    Article,    Section 

and  Page . 

2,  Deputy's  and  General  Files, 

3,  Adninistrative  Orders, 

4,  Research  and  Planning  reports. 

5,  Boards  and  Committee  reports, 

G-.  iTrade  Practices. 
R-eferences: 

1,  Code  and  Anendaents,  Article,  Section 

and  Page , 

2.  Administrative  Orders. 

5,  Deputy's  and  General  Files, 

4,  Compliance  Division  Files, 

5,  Advisorjr  Board  and  Special  Committee 

reports. 

6,  Federal  'irade  Commission  Orders  and 

Court  Decisions, 


7888 


1.   Glass.  A  Trade  Practice s« 

The  follc'.ving  are  examples  of  Class  A  Trade  Practices: 

1,  Use  of  false  or  raisleading  advertising, 

2,  Kisl)randin{?  of  faT3rics  and  other  corr.iodities. 

3,  Bribing  "bi^yers  or  other  eip.ployees  of 

4-»  Procuring  the  business  or  trr'd.e  secrets  of 
competitors, 

5,  Inducing;;  erployees  of  competitors  to  violate 

their  contracts, 

6,  Making  false  and  disparaging  statements, 

7,  T7ide spread  threats  to  the  trade  of  suits  for 

pa.tent  infringement, 

8,  Passing  off  goods  or  articles  for  well  and 

favorably  kno\7n  products, 

9,  Selling  rebuilt,  secondhand,  renovated,  or 

old  products,  as  and  for  new, 

10,  Paying  excessive  prices  for  supplies  for  the 

purpose  of  elimina.ting  competition, 

11,  Using  conce82ed  subsidiaries,  to  secure 

competitive  business  othenvise  unavailable, 

12,  Using  merchaiidising  schemes  based  on  a  lot 

or  chance, 

13,  Cooiperative  schemes  and  prices  for  compelling 

wholesalers  ?^iiq.   retailers  to  mainta.in  re- 
sale prices, 

14,  Combinations  or  agreements  of  competitors  to 

enhance  prices, 

15,  Various  schemes  to  create  the  impression  «  •  » 

customer  ,  ,  ,  is  being  offered  an  opportunity 

to  m?^e  a  purchase  under  unus-u^illy  favorable 
conditions. 


7888 


-30- 


(a)      Seller's  us"j.al  price  is  ir.lscly 

represented, 

("b)      "i'rce"   goods. 

(c)  Liisleadiii^  trade  names , 

(d)  Pretended  exaggerated  retail  prices, 

16,  Siibsidikiing  pii"blic  officials  or  employees, 

17,  Imitating  or  using   standard  containers 

customarily  associated  in  the  mind  of  tlie 
general  purchasin,'];  pulilic  V7ith  stand;jrd 
weights  or  quantities, 

18,  Concealing  "business   identity. 

19,  Misrepresenting  in  various  ways  the  advantages 

...    of  dealing  v/ith  the   seller, 

(a)      Seller's  alleged  advantages  of  location 
or   si?!e, 

("b)      }?also   claims  of  being  the   authorized 
distrilRitor  of   some   concern. 

(c)  Alleged  indorsement  of  the   concern  or 

product  "by  the  Government   or  "by 
nationally  Icnown  businesses, 

(d)  ITalse   claim  by  a  dealer  in  domestic 

products  of  being  an  importer, 

(e)  Being  manufacturers'    representative, 

(f)  Representing  falsely  that   the   seller 

is  a  wholesale  dealer, 

20,  Use    ,    ,    ,   which  result   or  are   calculated  to 

result   in  the  observance  of  uniform  prices 
or  practices  for   the  products  dealt   in. 

21,  Securing  business  through  undertakings  not 

carried  out    .    ,    ,    through  dishonest   and 
oppressive  devices   calculated  to   entrap  and 
coerce  the   customer. 


7888 


-31- 


(a)  Securing  'by   deceit  prospective 

customer's  signature, 

(b)  Securing  business  by  advertising  a 

"free  trial." 

22,  Criving  products  misleading  names • . 

(a)  Implying  falsely  that   ,    ,    ,   prodacts 
.    .    ,  made  for  the  Government . 

(b)  They  are  composed  ,  •  ,  of  ingredients 
.  •  .  contained  only  to  a  limited  ex- 
tent or  not   at   a,ll, 

(c)  Made  in  or   came  from  some  locality 

famous  • 

(d)  Made  by  some  well  and  favorably  known 

process. 

(e)  Have  been  inspected,   passed,    or  approved. 

(f )  Made  under   conditions  or  circumstances 

considered  of  importance  by  a  suIk* 
stantial  part  of  the  general  pur- 
chasing public. 

23,  Selling  below  cost, 

24,  Dealing  unfairly  and  dishonestly  with  foreign 

purchasers, 

25,  Coercing  and  enforcing  uneconomic   .    .    • 

monopolistic  reciprocal  dealing, 

26,  falsely  representing  that   a  moving  picture  is 

a  pictorial,    and  any  other  fully  established 
by  adjudication  or  J.T.G.    orders. 

References   such  as: 

1,  Code  and  Amendments,    Article,    Section 

and  Page, 

2,  Administrative  Orders, 

3,  Deputy's  and  General  Files. 

4,  Compliance  Division  I'iles, 

5,  Advisory  Board  and  Special  Committee  Reports. 

6,  jj'ederal  Trade  Com.mission  Orders  and  Court 

Decisions, 


7888 


-  32  - 


a.   A  complete  discussion  of  tlieir  efficacy, 
and  their  effect  on  the  various  classes 
of  members  in  the  industry  as  well  as 
actions  taken  imder  and  pursuant  to  each 
such  unfair  practice.   Reference s: 

1.  Code  and  Amendments,  Article,  Section 

and  Page. 

2.  Administrative  Orders. 

3.  Deputy's  and  G-eneral  Piles. 

4.  Compliance  Division  Files. 

5.  Advisory  Board  and  Special  Committee 

Reports. 

6.  Federal  Trade  Commission  Orders  and 

Court  Decisions, 

2.   Class  B.  Trade  Practices  should  include  all  others 
not  included  under  Class  A. 

h.   A  complete  discussion  of  their  efficacy, 
and  their  effect  on  the  various  classes 
of  members  in  the  industry  as  v/ell  as 
actions  taken  under  and  pursuant  to  each 
such  unfair  practice.   References: 

1.  Code  and  Amendments,  Article,  Section 

and  Page. 

2.  Ad-mini strative  Orders. 

3.  Deputy's  and  General  Piles. 

4.  Compliance  Division  Files. 

5.  Advisory  Board  and  Special  Committee 

Reports. 

6.  Federal  Trade  Commission  Orders  and 

Court  Decisions. 

H.   Other  provisions. 

Any  and  all  other  provisions  not  heretofore  dis- 
cussed should  be  here  elaborated  upon.   References  such  as: 

1.  Code  and  Amendments,  Article,  Section 

and  Page. 

2.  Administrative  Orders. 

3.  Deputy's  and  0-eneral  Piles. 

4.  Compliance  Division  Files. 

5.  Advisory  Board  and  Special  Committee  Reports, 

6.  Federal  Trade  Commission  Orders  and  Court 

Decisions. 


7888. 


-33- 


1,   If  the  so-called  constitution  ''hed^jc"  clause  (as 
was  included  in  the  Small  Avus   and  Amunition 
Code  and  the  Automotive  Parts  and  Equipment 
Supplements);  is  included  in  the  code  the  reasons 
therefor  and  the  effect  thereof  shoiild  "be  elahorated 
upon.  pLeferences  su.ch  as: 

1»   Code  and  Amendments,  Article,  Section 
and  Page, 

2,  Administrative  Orders* 

3,  Deputy's  and  General  Files* 

4,  Compliance  Division  Viles, 

5,  Advisory  Board  and  Special  Committee 

Reports^ 

6,  Federal  Trade  Commission  Orders  and 

Co'ort  Decisions, 

V «     Recommendat  ions ,  \ 

Under  this  heading  the  authors   should  make  use  of  all 
available  information  "based  upon  documented  evidence  and/or 
personal  Imowledge  relative  to   the   Code  as  a  whole  from 
hoth  industry  and  IGIA  point  of  viev;. 

A»     Undesirahlc  or  Unenforceahle  provisions. 

This  matter   should  include  the  undesirahle  or 
unenforceaole  provisions  in  detail  mth  full  reference 
to   the  Code  and  Article,   together  with  information  as 
to   the  reasons  why  such  provisions  appeared  to   he  un- 
desirable or  unenforceable,    and   shotild  refer   in 
detail  in  each  case  to  whether  or  not   the   statements 
are   of  mere  knowledge,    from  experience,    or  based  upon 
information  contained  in  records  and  documents  avail- 
able as  annotated  references  and  should  include 
general  info rsat ion, 

B ,      Compliance  with  code. 

It   is  suggested  that  ma,tters  relative  to    complianoe 
with  the  Code   should  be  thoroughly  discussed,    and  if 
possible,    statistics  and  other   information  on  com- 
pliance matters   should  be   set   forth  in  the   appendix 
in  considerable  detail, 

C,     Limit a,t ions  on  Production,   Machinery,    Sliifts,    et   cetera. 

In  those  Industries'   Codes  of  which  provide  for 


7888 


~?;4- 


imitation 

on: 

(1) 

Production. 

(2) 

Macliinerj/', 

(3) 

Shifts,    et   cetera« 

It   is  imporativG  tlia^t  these  unusual   steps  in 
industrial  development  "be  thorou^ly  treated  in  the 
Code  history,    v/ith  full  references,    such  as: 


1. 

2. 
3. 


6. 
7. 

8. 

9. 
10,. 
11. 


Printed  Code, 

Vol,  I,  II,  III,  Code  Record  Section, 

Vol,  A  and  S,  Code  Record  Section, 

Administrative  Orders. 

Deputy »s  files,  IIHA. 

General  files,  :MRA. 

Research  and  Planning  files,  IIPlA* 

Legal  Division  and  Compliance  files. 

Advisory  Council  Reports, 

Advisory  Council  Files, 

Government  Agency  Reports, 

Code  Authority  report  in  re  Budget s» 


D»  Possihle  Code  Consolidations, 

Discuss  all  possihle  consolidations  to  the  end 
that  the  number  of  codes  may  "be  reduced  to  a  mininujn, 

VI,  Personnel 


In  listing  the  menl>ers  of  the  personnel  connected  vjith 
the   code  from  date   of  its   submittal  to  the  present   time, 
it   is   suggested  that   the  following  form,    if  possi"ble, 
should  he  adopted: 


1,  Division  Administrators  - 

2,  Deputies  - 

3,  Assistant  Deputies  - 

4,  Aides  - 

5,  Legal  ~ 

6,  Laoor  - 

7,  Consumers  Advisory  Board  - 

8,  Research  and  Planning  Div,   •■ 

9,  Industrial  Advisory  Board  - 

10,  Administration  Memoers  - 

11,  Miscellaneous  - 


Name  and  date   comiected  nith  Code. 


7888 


-  35  - 


VII.   Signature. 


Code  histories  \7ill  "be  used  for  special  studies, 
therefore,  it  is  highly  important  that  the  identity  and 
e:vC'erience  of  the  compilers  he  shown.   The  author  and 
co-authors,  if  any,  v/ill  certify  to  that  portion  v/ritten 
hy  them  "by  affixing  their  signature  thereto. 


VIII.   Inde; 


Upon  the   completion  of  the   history,    it   should  he 
thoroughly  and  alphabetically  indexed  v/ith  reference 
to   the   location  "by  page   of   the   important  heading  and 
suh-headings,    and  a  reference  made   to   the  appendix 
v/ith  page   loca.tion  of  the   contents   thereof* 

General   Comment;        The   carbon  copy  of  the   original 
should  be   an  exact   duplicate,    and  should  contain  a  com- 
plete  appendix  and  copies   of   inserts   such  as    Code  Imend- 
ments  and  other  official   docuiiients,    and  completely  in- 
dexed in  the    same  manner   as   the    original,    in  order  that 
a  v/orking  carbon  copy  may  be  used  for   such  research 
purposes  as  may  be    subsequently  decided  upon. 


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