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NATIONAL  RECOVERY  ADMINISTRATION 

HUGH  S.  JOHNSON,  Administrator  for  Industrial  Recovery 


CODES  OF  FAIR  COMPETITION 

Nos.  491-496 
AS  APPROVED 

JULY  23-AUGUST  4,  1934 

WITH  SUPPLEMENTAL  CODES,  AMENDMENTS 

EXECUTIVE  AND  ADMINISTRATIVE 

ORDERS  ISSUED  BETWEEN 

THESE  DATES 


VOLUME  XIV 


WE  DO  OUR  PART 


•JNITED   STiTKS 

GOVERNMENT  PRINTING  OFFICE 

WASHINGTON :  1934 


MAY  26  1936 


V.   VH- 


Charge  to  credit  acct. 
with  Supt.  of  Documeflis 


CONTENTS 


Code 
No. 


491 
492 
493 
494 
495 
496 


Industry 


CODES  OF  FAIR  COMPETITION 

Imported  Green  Olive 

Stereotype  Dry  Mat 

Industrial  Oil  Burning  Equipment  Manufacturing 

Merchant  and  Custom  Tailoring 

Steel  Joist 

Industry  of  Collective  Manufacturing  for  Door-To-Door 
Distribution 


Date 
proved, 

ap- 
1934 

Page 

July 

24 

1 

Julv 

27 

17 

Julv 

30 

31 

Julv 

31 

47 

Aug. 

1 

63 

Aug.     3 


93 


Industry 


Date 


AMENDMENTS 

Electrical  Contracting,  No.  1  (A  Division  of  the  Construction 

Industrv) 

Masons  Contractors',  No.  1   (A  Division  of  the  Construction 

Industry) 

Funeral  Service,  No.  1 

Cork,  No.  1 

Funeral  Service,  No.  2 

Fur  Dressing  and  Fur  Dyeing,  No.  3 

Oxy-Acetylene,  No.  1 

Bedding  Manufacturing,  No.  3 

Builders  Supplies  Trade,  No.  1 

Electric  Storage  and  Wet  Primary  Battery,  No.  1 

Fire  Extinguishing  Appliance  Manufacturing,  No.  1 

Inland  Water  Carrier  Trade  in  the  Eastern  Division  of  the 
United  States  Operating  Via  the  New  York  Canal  System, 

No.  1 

Limestone,  No.  2 

Lumber  and  Timber  Products,  No.  16 

Lumber  and  Timber  Products,  No.  17 

Lumber  and  Timber  Products,  No.  18 

Motion  Picture,  No.  2 

Porcelain  Breakfast  Furniture  Assembling,  No.  1 

Textile  Processing,  No.  2 

Umbrella  Manufacturing,  No.  2 

Fur  Manufacturing,  No.  1 

Motor  Fire  Apparatus  Manufacturing,  No.  1 

Novelty  Curtains,  Draperies,  Bedspreads,  and  Novelty  Pillows, 

No.  i 

Anti-Friction  Bearing,  No.  1 

Bedding  Manufacturing,  No.  4 

Machine  Tool  and  Equipment  Distributing  Trade,  No.  1 

Mica,  No.  1 

Schifili,  the  Hand  Machine  Embroidery,  and  the  Embroidery 

Thread  and  Scallop  Cutting  Industries,  No.  1 

Trailer  Manufacturing,  No.  1 

Drop  Forging,  No.  1 

Saddlery  Manufacturing,  No.  2 

Throwing,  No.  3 

(I) 


7-23-34 


107 


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231 

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235 

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241 

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245 

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249 

CONTENTS— Continued 


Industry 


AMENDMENTS— Continued 

Wood  Heel,  No.  1 

Blouse  and  Skirt  Manufacturing  Industries,  No.  1 

Bobbin  and  Spool,  No.  1 

Cotton  Textile,  No.  9 

Lumber  and  Timber  Products,  No.  19 

Metal  Tank,  No.  1 

Retail  Food  and  Grocery  Trade,  No.  2 

Shoe  and  Leather  Finish,  Polish,  and  Cement  Manufacturing, 

No.  1 

Wholesale  Food  and  Grocery  Trade,  No.  2 

Cast  Iron  Soil  Pipe,  No.  3 

Construction,  No.  4 

Fur  Dressing  and  Fur  Dyeing,  No.  4 

Upholstery  Spring  and  Accessories  Manufacturing,  No.  1 

SUPPLEMENTS 

Wholesaling  or  Distributing  Trade,  No.  14  (For  Woolens  and 
Trininiings  Distril)uting  Trade) 

Construction,  No.  16  (For  Heating,  Piping,  and  Air  Condition- 
ing Contractors') 

Fishery,  No.  6  (For  Trout  Farming,  Eastern  Section) 

Machinery  and  Allied  Products,  No.  35  (For  Oil  Field  Pumping 
Engine  Manufacturing) 

Wholesaling  or  Distributing  Trade,  No.  15  (For  Button  Jobbers' 
or  Wholesalers'  Trade) 

Wholesaling  or  Distributing  Trade,  No.  16  (For  Sheet  Metal 
Distributing  Trade) 

Business  Furniture,  Storage  Equipment  and  Filing  Supply, 
No.  2  (For  Filing  Supply) 

Business  Furniture,  Storage  Equipment  and  Filing  Supply,  No. 
1  (For  Fire  Resistive  Safe) 

Fabricated  Metal  Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating,  No.  44  (For  Pulp  and  Paper  Mill  Wire 
Clotli  Manufacturing) 

Maclunery  and  Allied  Products,  No.  36  (For  Refrigerating 
Machinery) 

Wholesaling  or  Distributing  Trade,  No.  17  (For  Wholesale 
Hardware  Trade) 

Fabricated  Metal  Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating,  No.  45  (For  Hand  Bag  Frame  Manufac- 
turing)   

Machinery  and  Allied  Products,  No.  37  (For  Concrete  Mixer).. 

Macliinery  and  Allied  Products,  No.  40  (For  Diesel  Engine 
Manufacturing) 

Machinery  and  Allied  Products,  No.  38  (For  Jack  Manufactur- 
ing)  

Machinery  and  Allied  Products,  No.  39  (For  Railway  Appliance 
Manufacturing) 

Machinery  and  Allied  Products,  No.  41  (For  Hydraulic  Machin- 
ery)   

Wholesaling  or  Distributing  Trade,  No.  18  (For  Wholesale 
Paint,  Varnish,  Lacquer,  Allied  and  Kindred  Products  Trade) 

ADMINISTRATIVE  ORDERS 

Business  Furniture,  Storage  Equipment  and  Filing  Supply, 
Contracts  with  the  procurement  division  of  the  U.S.  Govern- 
ment, Stay  of  code  provisions 

Drapery  and  Ujjholstery  Trimming,  Extension  of  the  Code  for 
a  period  of  three  months 

(II) 


Date 


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261 

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&-  1-34 

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7-23-34 
7-23-34 


CONTENTS— Continued 


Industry 


Date 


ADMINISTRATIVE  ORDERS— Continued 

Fur  Manufacturing,  Code  Authority,  Adding  two  additional 
members  to  the  Temporary 

Structural  Steel  and  Iron  Fabricating,  EflFective  date  of  Code, 
Stay  of 

Territorial  exemptions  from  Codes  for  Can  Manufacturing  and 
Canning 

Wholesale  Confectioners',  Trade  Practice  Provision,  Extension 
of  stay  for  one 

Warm  Air  Furnace  Manufacturing,  Code  Administration,  Ter- 
mination of  exemption  for  collection  of  expenses  of 

Daily  Newspaper  Publishing  Business,  Newspaper  Industrial 
Board,  Cancellation  of  Order  adding  two  members  to  the  — 

Machinery  and  Allied  Products,  Code  Authorities,  Extending 
time  to  elect 

Cotton  Textile,  Productive  Machinery,  Partial  approval  of 
Order  curtailing 

Foundry  Supply,  Hazardous  occupations.  Approving  a  list  of. 

Government  contracts  and  contracts  involving  the  use  of  gov- 
ernment funds.  Petroleum  Industry,  Contracts  between  the 
U.S.  Government  and 

Retail  Trade,  Overtime  work  allowed  for  inventory  purposes- _ 

Furniture  Manufacturing,  Homework,  Terminating  a  stay  rel- 
evant to 

Labor  Complaints  and  Disputes,  Procedure  for  handling 

Ladies  Handbag,  Code  Administration,  Termination  of  exemp- 
tion for  collection  of  expenses  of 

Non-Ferrous  Foundry,  Code  Administration,  Termination  of 
exemption  for  collection  of  expenses  of 

Trucking,  Code  Authorities,  Extending  time  for  elections  of 
state  —  in  California 

Trucking,  Code  Authorities,  Extending  time  for  elections  of 
state  —  in  New  Hampshire 

Trucking,  Vote,  Granting  permission  to  Members  to  —  if  regis- 
tered between  specified  dates 

Importing  Trade,  Inorganic  Nitrogen  Importers,  Granting  ex- 
emption from  Trade  Practice  Provisions  to 

Importing  Trade,  Potash  and  Potash  Salts  Importers,  Granting 
exemption  from  Trade  Practice  Provisions  to 

Insecticide  and  Fungicide,  Sales,  Stay  of  provisions  relevant  to 
Inter-Industry 

Household  Goods  Storage  and  Moving  Trade,  Register  and 
publish  open  prices.  Extending  time  to 

Imported  Date  Packing,  Code  Administration,  Termination 
relevant  to  Collection  of  expenses  of 

Motor  Vehicle  Retailing  Trade,  Sales  to  Governmental 
Agencies,  Stay  of  Code  provisions  relevant  to 

Wiitch  Case  Manufacturing,  Unstamped  watch  cases  may  be 
sold.  Extension  of  time  during  which 

Cylinder  Mould  and  Dandy  Roll,  Hazardous  occupations, 
Approving  a  list  of 

Fan  and  Blower,  Hazardous  occupations.  Approving  a  list  of- 

Lumber  and  Timber  Products,  Pole  and  Piling  Division,  Stay 
applicable  to  the  selection  of  the  Administrative  Agency  of 
the  Cypress  Subdivision 

Metal  Hat  Die  and  Wood  Hat  Block,  Hazardous  occupations. 
Approving  a  list  of 

Government  contracts  and  contracts  involving  the  use  of 
government  funds,  Lease  of  Indianapolis,  Indiana,  stock- 
yard space  upon  the  premises  of  the  Belt  Railroad  and 
Stockyards  Company 

(in) 


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CONTENTS— Continued 


Industry 


Date 


Page 


ADMINISTRATIVE  ORDERS— Continued 

Retail  Lumber,  Lumber  Products,  Building  Materials  and 
Building  Specialties  Trade,  Modal  Costs,  Modifying  previous 
Order  relevant  to 

Washing  and  Ironing  Machine  Manufacturing,  Code  Adminis- 
tration, Termination  of  exemption  relevant  to  collection 
of  expenses  of 

Government  contracts  and  contracts  involving  the  use  of 
government  funds,  Public  utilities.  Contracts  for 

Robe  and  Allied  Products,  Expenses,  Extending  time  within 
which  Code  Authority  shall  submit  plan  for  equitable 
allocation  of 

Nonferrous  and  Steel  Convector  Manufacturing,  Hazardous 
occupations,  Approving  a  list  of 

Rock  and  Slag  Wool  Manufacturing,  Hazardous  occupations. 
Approving  a  list  of 


8-  2-34 

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597 

600 
601 

602 
603 
604 


(IV) 


CODES  OF  FAIR  COMPETITION 


Approved  Code  No.  491 
CODE  OF  FAIR  COMPETITION 

FOR  THE 

IMPORTED  GREEN  OLIVE  INDUSTRY 

As  Approved  on  July  24,  1934 


ORDER 


Approving  Code  of  Fair  Competition  for  the  Imported  Green 

Oli^^  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Code  of 
Fair  Competition  for  the  Imported  Green  Olive  Industry,  and  hear- 
ings having  been  duly  held  tJiereon  and  the  annexed  report  on  said 
Code,  containing  findings  with  respect  thereto,  having  been  made 
and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  80, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Code  complies  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act;  and  do  hereby  order  that  said  Code  of  Fair  Com- 
petition be  and  it  is  hereby  approved, 

Hugh  S.  Johnson, 
Administrator  for  Indiustrial  Reco'very. 
Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 
Washington,  D.C, 

July  ^4,  193Jf. 

75619° 829-133 34 1  (1) 


REPORT  TO  THE  PRESIDENT 

The  President, 

Th£  White  House. 
Sir  :  This  is  a  repoi't  on  the  Code  of  Fair  Competition  for  the 
Imported  Green  Olive  Industry,  and  on  the  Public  Hearing  held 
in   Washington,  D.C.,  on  March  9,   1934,  in  accordance  with  the 
provisions  of  the  National  Industrial  Recovery  Act. 

GENERAL 

The  Code  for  the  Imported  Green  Olive  Industry  will  mean,  it  is 
estimated,  an  increase  in  employment  of  between  fifteen  per  cent 
(15%)  to  twenty  per  cent  (20%)  and  in  wages  approximately 
eighteen  per  cent  (18%).  Average  hours  in  1933  were  reported  as 
forty-seven  (47)  hours;  a  reduction  to  forty  (40)  hours  as  provided 
in  this  Code  will  mean  an  increase  of  between  fifteen  per  cent  (15%) 
to  twenty  per  cent  (20%)  in  employment  from  that  prevailing  early 
in  1933. 

The  volume  of  Imports  of  Green  Olives  including  Pitted  and 
Stuffed  has  shown  a  steady  decline  from  a  peak  of  9,790,792  gallons 
in  1930  to  5,932,800  gallons  in  1931  and  6,824,798  gallons  in  1932  with 
a  corresponding  decline  in  the  sales  price  of  Green  Olives  on  the 
American  market. 

The  employment  in  the  Imported  Green  Olive  Industry  is  evsti- 
mated  at  one  thousand  (1000)  employees. 

The  Association  of  American  Importers  of  Green  Olives  is  a  trade 
association,  truly  representative  of  the  industry,  and  imposes  no  in- 
equitable restrictions  on  membership. 

HOURS 

The  Code  for  the  Imported  Green  Olive  Industry  provides  for  a 
maximum  work  week  of  forty  (40)  hours  with  a  limitation  of  eight 
(8)  hours  in  any  twenty-four  (24)  hour  period.  There  are  the  usual 
exceptions,  complete  or  partial,  in  the  case  of  persons  employed  in  a 
managerial,  executive,  or  technical  capacity,  who  regularly  receive 
not  less  than  thirty-five  dollars  ($35.00)  per  week.  Watchmen  are 
not  permitted  to  work  in  excess  of  fifty -six  (56)  hours  per  week. 
Chauffeurs,  truckdrivers,  and  deliverymen  are  not  permitted  to  work 
in  excess  of  forty-eight  (48)  hours  per  week.  Foremen,  foreladies, 
shipping  and  receiving  clerks  may  be  permitted  to  work  forty-four 
(44)  hours  per  week  provided  that  time  and  one-third  is  paid  for  all 
time  worked  in  excess  of  the  basic  forty  (40)  hours  as  provided  in 
this  Code.  No  employee  shall  be  permitted  to  work  more  than  six 
(6)  days  in  any  seven  (7)  day  period.  In  cases  of  peak  production, 
inventory  periods,  financial  closing  periods,  and  other  uniLsual  con- 
ditions beyond  the  control  of  the  employer,  employees  may  work  not 

(2) 


in  excess  of  six  (6)  hours  in  any  week  or  one  (1)  hour  in  any  day, 
during  not  to  exceed  twelve  (12)  weeks  in  any  calendar  year  or  eight 
(8)  weeks  in  any  six  (6)  months,  such  overtime  to  be  compensated 
for  at  time  and  one-third.  Emplo3^ers  shall  report  to  the  Code  Au- 
thority or  the  Administrator,  as  the  case  may  be,  all  hours  worked 
in  excess  of  basic  hours  permitted  by  tliis  Code.  Office  employees 
who  regularly  receive  thirty-five  dollars  ($35.00)  per  week  or  more 
are  not  subject  to  overtime  payment.  Employees  on  emergency  re- 
pair or  emergency  maintenance  work  involving  mechanical  break- 
downs or  protection  of  life  and  property  working  in  excess  of  the 
basic  hours  permitted  by  this  Code  shall  be  compensated  by  time 
and  one-third  the  regular  hourly  rate. 


WAGES 


No  person  employed  in  clerical,  accounting  or  office  work  shall  be 
paid  less  than  at  the  rate  of  Sixteen  dollars  ($16,00)  per  week  except 
that  office  boys  shall  be  paid  at  a  rate  of  not  less  than  fourteen 
dollars  ($14.00)  per  week. 

The  number  of  office  boys  classified  and  compensated  below  the 
minimum  shall  not  exceed  five  per  cent  (5%)  of  the  total  number  of 
office  employees,  but  each  employer  shall  be  entitled  to  one  such 
employee.  No  other  employee  shall  be  paid  less  than  at  the  rate  of 
forty  cents  (40^)  per  hour  for  male  employees  and  thirty  cents  (30^) 
per  hour  for  female  employees,  provided,  however,  that  the  Code 
Authority  shall  render  a  complete  report  on  this  subject  to  the  Ad- 
ministrator or  his  duly  authorized  agent  at  a  time  prior  to  September 
1,  1934,  with  a  view  to  an  upward  revision  of  these  minima.  Time 
and  one  third  the  normal  rate  shall  be  paid  for  all  time  worked 
(except  by  those  employees  covered  by  Section  2  of  Article  III  and 
watchmen)  on  Sun-days  or  on  State  and  National  holidays.  There 
are  the  usual  safeguarding  clauses.  No  person  under  sixteen  (16) 
years  of  age  shall  be  employed  in  the  Industry. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth  and  on  the  basis  of  all  the  pro- 
ceedings in  this  matter: 

I  find  that: 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  which  tend  to  diminish  the  amount  thereof  and  will  pro- 
vide for  the  general  welfare  by  promoting  the  organization  of  indus- 
try for  the  purpose  of  cooperative  action  among  the  trade  groups, 
by  inducing  and  maintaining  united  action  of  labor  and  manage- 
ment under  adequate  governmental  sanctions  and  supervisions,  by 
eliminating  unfair  competitive  practices,  by  promoting  the  fullest 
possible  utilization  of  the  present  productive  capacity  of  industries, 
by  avoiding  undue  restriction  of  production  (except  as  may  be 
temporarily  required),  and  b}^  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 


(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  Industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  asso- 
ciation is  a  trade  association  truly  representative  of  the  aforesaid 
Industry;  and  that  said  association  imposes  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Code. 

For  the  above  reasons,  this  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Ad7ninistrator, 
July  24,  1934. 


CODE    OF   FAIR    COMPETITION    FOR    THE   IMPORTED 
GREEN  OLIVE  INDUSTRY 

Article  I — Purposes 

To  effect  the  policies  of  Title  I  of  the  National  Industrial  Recovery 
Act,  this  Code  is  hereby  established  as  a  Code  of  Fair  Competition 
for  the  Imported  Green  Olive  Industry,  and  its  provisions  shall  be 
the  standards  of  fair  competition  for  such  industry  and  shall  be 
binding  upon  every  member  thereof. 

Article  II — Definitions 

Section  1.  The  terms  "  Imported  Green  Olive  Industry  "  and/or 
"  Industry  ",  mean  the  business  of  bottling  and/or  packing  and  sale 
by  the  bottler  and/or  packer  of  imported  green  olives,  and  such 
related  branches  or  subdivisions  as  may  from  time  to  time  be  in- 
cluded under  the  provisions  of  this  Code  by  the  President,  after 
such  notice  and  hearing  as  he  may  prescribe. 

Section  2.  The  term  "  Member  of  the  Industry  "  includes,  but 
without  limitation  any  individual,  partnership,  association,  corpora- 
tion, or  other  form  of  enterprise  engaged  in  the  industry,  either  as 
an  employer  or  on  his  or  its  behalf. 

Section  3.  The  term  "  employee "  as  used  herein  includes  any 
and  all  persons  engaged  in  the  industry,  however  compensated,  ex- 
cept a  member  of  the  industry. 

Section  4.  The  term  "  employer  "  as  used  herein  includes  any- 
one by  whom  such  employee  is  compensated  or  employed. 

Section  5.  The  term  "  watchmen  "  includes  only  employees  whose 
principal  function  includes  watching  and  guarding  the  premises  and 
property  of  any  establishment  in  the  industry. 

Section  6.  The  term  "Association "  means  the  Association  of 
American  Importers  of  Green  Olives. 

Section  7.  The  terms  "  President ",  "Act  ",  and  "Administrator  " 
as  used  herein  shall  mean,  respectively,  the  President  of  the  United 
States,  Title  I  of  the  National  Industrial  Recovery  Act,  and  the 
Administrator  for  Industrial  Recovery. 

Section  8.  The  term  "  State "  means  any  State  or  Territory  of 
the  United  States  and  the  District  of  Columbia. 

Section  9.  The  term  "  Code  Authority  "  as  used  herein  means  the 
agency  established  pursuant  to  Article  VI  for  the  purpose  of  acbnin- 
istering  this  Code. 

Article  III — Hours 

Section  1.  No  employee  shall  be  permitted  to  work  in  excess  of 
forty  (40)  hours  in  any  one  week,  nor  more  than  eight  (8)  hours  in 
any  twenty-four  (24)  hour  period,  except  as  herein  otherwise  pro- 
vided. 

(5) 


Section  2.  The  provisions  of  Section  1  of  this  Article  shall  not 
apply  to  pereons  employed  in  a  manaf2;erial,  executive,  or  technical 
cai)acity,  wlio  regularly  receive  not  le.ss  than  thirty-five  dollars 
($35.00)  per  week. 

Section  3,  Watchmen  shall  not  be  permitted  to  work  in  excess  of 
fifty-six  (56)  hours  per  week. 

I^EcnoN  4.  Cliauffeurs,  truck,  and  deliverymen  shall  not  be  per- 
mitted to  work  in  excess  of  forty-eight  (-48)  hours  per  week. 

Section  5.  Foremen,  foreladies,  shipping  and  receiving  clerks 
may  be  permitted  to  work  forty-four  (44)  hours  per  w^eek,  provided 
they  are  paid  at  the  rate  of  time  and  one-third  for  all  hours  in  excess 
of  the  maximum  provided  in  Section  1  of  this  Article. 

Section  6.  No  employee  shall  be  permitted  to  work  more  than  six 
(6)  days  in  any  seven  (7)  day  period. 

Section  7.  (a)  In  cases  of  peak  production,  inventory  periods, 
financial  closing  periods,  and  other  unusual  conditions  beyond  the 
control  of  the  employer,  employees  may  be  permitted  to  work  not 
more  than  six  (6)  hours  weekly,  or  one  (1)  hour  daily,  in  excess  of 
the  maximum  hours  permitted  in  Section  1  of  this  Article;  for  a 
period  not  to  exceed  twelve  (12)  weeks  in  any  calendar  year,  or  eight 
(8)  weeks  in  any  six  (6)  months,  provided  that  an  employee  work- 
ing in  excess  of  the  maximum  hours  permitted  herein  shall  be  paid 
at  least  one  and  one-third  his  regular  hourly  rate  for  hours  worked 
in  excess  of  the  maxium  hours  prescribed  for  him  herein.  Employ- 
ers shall  report  to  the  Code  Authority  or  to  the  Administrator,  as 
the  case  may  be,  all  hours  worked  in  excess  of  the  maximum  hours 
permitted  in  Section  1  of  this  Article.  Office  workers  who  regularly 
receive  not  less  than  thirty-five  dollars  ($35.00)  per  week  or  over 
are  not  subject  to  overtime  payment. 

(b)  Employees  on  emergency  repair  or  emergency  maintenance 
work  involving  mechanical  break-downs  or  protection  of  life  and 
property  may  work  in  excess  of  the  maximum  hours  permitted  in 
Section  1  of  this  Article,  provided  that  any  employee  so  working  in 
excess  of  the  maximum  hours  prescribed  for  him  herein  shall  be 
paid  for  the  excess  hours  by  at  least  one  and  one-third  his  regular 
hourly  rate. 

Article  IV — ^Wages 

Section  1.  No  person  employed  in  clerical,  accounting,  or  office 
worlt:  shall  be  paid  less  than  at  the  rate  of  sixteen  dollars  ($16.00) 
per  week,  except  that  office  boys  shall  be  paid  at  a  rate  of  not  less 
than  fourteen  dollars  ($14.00)  per  week.  The  number  of  office  boys 
classified  and  compensated  below  the  minimum  above  prescribed 
shall  not  exceed  five  percent  (5%)  of  the  total  number  of  office  em- 
ployees, but  each  employer  shall  be  entitled  to  one  such  employee 
classified  and  paid  as  an  office  boy. 

Section  2.  Iso  employees  other  than  those  classified  under  Section 
1  of  this  Article  shall  be  paid  less  than  at  the  rate  of  forty  cents 
(40^^)  per  hour  for  male  employees  and  thirty  cents  (30^)  per  hour 
for  female  employees.  The  Code  Authority  on  or  before  September 
1,  1934,  shall  render  a  complete  report  on  the  subject  of  minimum 
wages,  provided  in  this  section,  to  the  Administrator  or  his  duly 
authorized  agent,  with  a  view  to  an  upward  revision  of  such  mini- 
mum wages. 


Section  3.  This  Article  establishes  a  minimum  rate  of  pay  ^Yhich 
shall  apply,  irrespective  of  whether  an  employee  is  actually  com- 
pensated on  a  time  rate,  piecework  or  other  basis. 

Section  4.  The  weekly  compensation  for  employment  in  excess 
of  the  minimum  wages  established,  notwithstanding  that  the  hours 
of  work  in  any  such  employment  may  be  reduced,  shall  not  be  re- 
duced as  a  result  of  the  adoption  of  this  Code  and  the  pay  for  such 
employment  shall  be  increased  by  an  equitable  adjustment  of  all 
j)ay  schedules  in  order  to  maintain  fair  differentials  existing  prior 
to  the  adoption  of  this  Code.  It  shall  be  the  duties  of  the  Code 
Authority  for  the  Imported  Green  Olive  Industry  to  observe  the 
operation  of  this  Section  and  recommend  to  the  Administrator 
further  provisions  as  experience  may  indicate  to  be  appropriate  to 
effectuate  its  purpose. 

Section  5.  Female  employees  performing  substantially  the  same 
work  as  male  employees  shall  receive  the  same  rate  of  pay  as  male 
employees,  provided,  that  when  male  employees  perform  work  cus- 
tomarily done  by  female  employees  only  during  hours  when  female 
labor  is  prohibited  by  applicable  law,  it  shall  not  be  required  that 
females  doing  such  work  at  other  times  be  paid  at  the  same  rate 
as  male  employees. 

Section  6.  A  person  whose  earning  capacity  is  limited  because 
of  age,  physical  or  mental  handicap,  or  other  infirmity,  may  be 
employed  on  light  work  at  a  wage  below  the  minimum  established 
by  this  Code,  if  the  employer  obtains  from  the  authority  designated 
by  the  United  States  Department  of  Labor,  a  certificate  authoriz- 
ing such  person's  employment  at  such  wages  and  for  such  hours 
as  shall  be  stated  in  the  certificate.  Such  authority  shall  be  guided 
by  the  instructions  of  the  United  States  Department  of  Labor  in 
issuing  certificates  to  such  persons.  Each  employer  shall  file 
monthly  with  the  Code  Authority  a  list  of  all  such  persons  employed 
by  him,  showing  the  wages  paid  to,  and  the  maximum  hours  of 
work  for  such  employees. 

Section  7.  Time  and  one-third  the  normal  rate  shall  be  paid  for 
all  time  worked  (except  by  those  employees  covered  by  Section  2 
of  Article  III  and  watchmen)  on  Sundays  or  on  State  and  National 
^holidays. 

Section  8.  "Wages  shall  be  exempt  from  fines  and  rebates  and 
from  charges  and  deductions,  except  charges  and  deductions  for  con- 
tribution to  pensions,  insurance  or  benefit  funds,  voluntarily  made 
by  employees  or  required  by  law  or  deductions  for  other  purposes 
when  provision  therefor  is  made  by  a  written  contract  between 
employer  and  employees.  Copies  of  all  such  contracts  must  be 
kept  on  file  by  each  employer  for  at  least  six  (6)  months  after  the 
termination  of  the  contract  and  such  contract  shall  be  open  to  the 
inspection  of  the  Administrator  or  his  agent. 

Article  V — General  Labor  Provisions 

Section  1.  No  person  under  sixteen  (16)  j^ears  of  age  shall  be 
employed  in  tlie  industry.  No  person  under  eighteen  (18)  years  of 
age  shall  be  employed  at  operations  or  occupations  which  are  hazard- 
ous in  nature  or  dangerous  to  health.     The  Code  Authority  shall 

75619° S29-133 34—2 


8 

submit  to  the  Administrator  within  sixty  (60)  days  after  approval, 
a  list  of  such  operations  or  occupations.'  In  any  State  an  employer 
shall  be  deemed  to  have  complied  with  this  provision  as  to  age  if 
he  shall  have  on  file  a  certificate  or  permit  duly  signed  by  the  Author- 
it}^  in  such  State  empowered  to  issue  employment  or  age  certificates 
or  permits  showing  that  the  employee  is  of  the  required  age. 

Section  2.  In  compliance  with  Section  7  (a)  of  the  Act,  it  is 
provided : 

(a)  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  employers  of 
labor,  or  their  agents,  in  the  designation  of  such  representatives  or 
in  self-organization  or  in  other  concerted  activities  for  the  purpose 
of  collective  bargaining  or  other  mutual  aid  or  protection. 

(b)  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  organiza- 
tion of  his  own  choosing,  and 

(c)  That  employers  shall  comply  with  the  maximum  hours  of 
labor,  minimum  rates  of  pay,  and  other  conditions  of  employment 
approved  or  prescribed  by  the  President. 

Section  3.  Employers  shall  not  change  the  method  of  payment 
of  compensation  or  reclassify  employees  or  duties  of  occupation 
performed  or  discharge  employees  to  reemploy  them  at  lower  rates 
or  engage  in  any  other  subterfuge  so  as  to  defeat  the  purpose  of 
the  Act  or  the  provisions  of  this  Code. 

Section  4.  No  provision  in  this  Code  shall  supersede  any  State 
or  Federal  law  which  imposes  on  employers  more  stringent  require- 
ments as  to  age  of  employees,  wages,  hours  of  work,  or  as  to  safety, 
health,  sanitary'  or  general  working  conditions,  or  insurance  or  fire 
protection,  than  are  imposed  by  this  Code. 

Section  5.  x\.ll  employers  shall  post  and  keep  posted  copies  of 
this  Code  dealing  with  maximum  hours,  minimum  wages  and  gen- 
eral labor  provisions  in  conspicuous  places  accessible  to  all  em- 
ployees. Every  member  of  the  industry  shall  comply  with  all 
rules  and  regulations  relative  to  the  posting  of  such  i)rovisions 
which  may  from  time  to  time  be  prescribed  by  the  Administrator. 

Section  6.  Employers  shall  make  payment  of  all  wages  due  in* 
lawful  currency  or  by  negotiable  checks,  such  checks  to  be  payable 
on  demand.     Agreements  of  hire   shall  provide  that  wages  shall 
be  paid  at  least  as  often  as  every  week  and  salaries  at  least  as  often 
as  every  month. 

Section  7.  Every  employer  shall  make  reasonable  provision  for 
the  safety  and  health  of  his  employees  at  the  place  and  during  the 
hours  of  their  employment. 

Article   VI — Organization,    Powers    and    Duties    or    the    Code 

Authority 

Section  1.  There  shall  forthwith  be  constituted  a  Code  Authority 
consisting  of  five  (5)  persons  to  be  selected  in  the  following  manner: 

A  meeting  of  the  industry  shall  be  called  by  the  Association  of 
American  Importers  of  Green  Olives,  the  agency  hereby  designated 
to  conduct  an  election  of  the  members  of  the  Code  Authority,  within 
five  (o)  days  after  the  eifective  date  of  this  Code.     Notice  of  such 


meeting  shall  be  sent  to  all  ascertainable  members  of  the  industry 
including  wholesale  grocers  who  import  and/or  bottle  or  pack  green 
olives  for  sale.  Each  member  of  the  industry  shall  be  entitled  to  one 
vote  for  every  thousand  fenegas  of  green  olives  he  imported  and/or 
purchased  in  the  preceding  calendar  year;  said  vote  or  votes  may 
be  cast  in  pei^jn,  by  proxy  or  by  mail,  provided,  however,  that  two 
members  of  the  five  members  of  the  Code  Authority  to  oe  elected 
shall  represent  those  members  of  the  industry  who,  in  the  preceding 
calendar  year  imported  and/or  purchased  less  than  5,000  fenegas  of 
imported  green  olives.  Members  of  the  industry  who  come  within 
the  preceding  classification  may  cast  their  vote  or  votes  for  any 
felloAv  member  regardless  of  who  the  nominees  are.  Members  so 
elected  shall  serve  for  one  (1)  year,  at  the  end  of  which  time  there 
shall  be  another  election  conducted  by  the  Code  Authority  in  the 
manner  as  above  set  forth.  If,  however,  in  any  case,  by  reasons  of 
conditions  peculiar  to  the  industry,  selection  by  the  industry  is  im- 
possible, it  is  provided  that  appointment  shall  be  by  the  Adminis- 
trator. Vacancies  occurring  during  the  year  shall  be  filled  in  the 
same  manner  as  was  followed  at  the  first  election,  such  election,  how- 
ever, to  be  conducted  by  the  Code  Authority. 

Sectiox  2.  In  addition  to  membership  as  above  provided,  there 
may  be  one  to  three  members,  without  vote,  to  be  appointed  by  the 
Administrator  to  serve  until  their  successors  are  appointed.  Such 
members,  together  with  the  Administrator,  shall  be  given  notice  of 
and  shall  be  permitted  to  sit  at  all  meetings  of  the  Code  Authority. 

Section  3.  Each  trade  or  industrial  association  directly  or  indi- 
rectly participating  in  the  selection  or  activities  of  the  Code  Author- 
ity shall  (1)  impose  no  inequitable  restrictions  on  membership,  and 
(2)  submit  to  the  Administrator  true  copies  of  articles  of  associa- 
tion, by-laws,  regulations,  and  any  amendments  when  made  thereto, 
together  with  such  other  information  as  to  membership,  organiza- 
tion, and  activities  as  the  Administrator  may  deem  necessary  to 
effectuate  the  purposes  of  the  Act. 

Section  4.  In  order  that  the  Code  Authority  shall  at  all  times  be 
truly  representative  of  the  industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  prescribe  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that 
the  Code  Authority  is  not  truly  representative  or  does  not  in  other 
respects  comply  with  the  provisions  of  the  Act,  may  require  an  ap- 
propriate modification  in  the  method  of  selection  of  the  Code 
Authority. 

Section  5.  Nothing  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Authority  partners  for  any  purpose.  Nor 
shall  any  member  of  the  Code  Authority  be  liable  in  any  manner 
to  anyone  for  any  act  of  anj  other  member,  officer,  agent  or  em- 
ployee of  the  Code  Authority.  Nor  shall  any  member  of  the  Code 
xVuthority,  exercising  reasonable  diligence  in  the  conduct  of  his 
duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission  to 
act  under  this  Code,  except  for  his  own  wilful  malfeasance  or  non- 
feasance. 

Section  6.  If  the  Administrator  shall  determine  that  any  action 
of  the  Code  Authority  or  any  agency  thereof  may  be  unfair  or  un- 
just or  contrary  to  the  public  interest,  the  Administrator  may  require 


10 

that  such  action  be  suspended  to  afford  an  opportunity  for  investiga- 
tion of  the  merits  of  such  action  and  further  consideration  by  such 
Code  xVuthorit}^  or  ag:ency  pemling  final  action,  -which  shall  not  be 
effective  unless  the  Administrator  approves  or  unless  he  has  failed 
to  disapprove  after  thirty  (30)  days'  notice  to  him  of  intention  to 
l^roceed  with  such  action  in  its  original  or  modified  form. 

Section  7.  Subject  to  such  rules  and  regulations  as  may  be  issued 
by  the  Administrator,  the  Code  Authority  shall  have  the  following 
powers  and  duties,  in  addition  to  those  authorized  by  other  pro- 
visions of  this  Code. 

(a)  To  insure  the  execution  of  the  provisions  of  this  Code  and 
provide  for  the  compliance  of  the  industry  with  the  provisions  of 
the  Act. 

(b)  To  adopt  by-laws  and  rules  and  regulations  for  its  own  pro- 
cedure and  for  the  administration  of  this  Code. 

(c)  To  obtain  from  members  of  the  industry  such  information  and 
reports  as  are  required  for  the  administration  of  the  Code.  In 
addition  to  information  required  to  be  submitted  to  the  Code  Au- 
thorit}',  members  of  the  industr}'  subject  to  this  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sarv  for  the  purposes  recited  in  Secticm  3  (a)  of  the  Act  to  such 
Fecleral  and  State  agencies  as  he  may  designate;  provided  that 
nothing  in  this  Code  shall  relieve  an}'  member  of  the  industry  of  any 
existing  ol)ligations  to  furnish  reports  to  any  Government  agency. 
No  individual  report  shall  be  disclosed  to  any  other  member  of  the 
industry  or  any  other  party  except  to  such  otlier  Governmental 
agencies  as  may  be  directed  by  the  Administrator. 

(d)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Code  Authority 
of  its  duties  or  responsibilities  under  this  Code  and  that  such  trade 
associations  and  agencies  shall  at  all  times  be  subject  to  and  comply 
with  the  provisions  hereof. 

(e)  To  make  recommendations  to  the  Administrator  for  the  coor- 
dination of  the  administration  of  this  Code  with  such  other  codes, 
if  any,  as  may  be  related  to  the  industry. 

(f )  1.  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competi- 
tion established  hereunder  and  to  effectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized: 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tributions as  above  set  forth  by  all  members  of  the  industry,  and  to 


11 

that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

2.  Each  member  of  the  industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regula-^ 
tions  pertaining  thereto  issued  by  the  Administrator.  Only  members, 
of  the  industry  complying  with  the  code  and  contributing  to  the 
expenses  of  its  administration  as  hereinabove  provided,  shall  be 
entitled  to  participate  in  the  selection  of  members  of  the  Code  Au-| 
Ihority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities^ 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery, 
Administration.  I 

3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation! 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget,' 
except  upon  approval  of  the  Administrator;  and  no  subsequent  bud- 
get shall  contain  any  deficiency  item  for  expenditures  in  excess  of 
prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

(g)  To  recommend  to  the  Administrator  further  fair  trade  prac- 
tice provisions  to  govern  members  of  the  industry  in  their  relations 
with  each  other  or  with  other  trades  and/or  industries  and  to  recom-^ 
mend  to  the  Administrator  measures  for  industrial  planning  in-: 
eluding  stabilization  of  employment. 

(h)  To  elect  a  representative  to  serve  on  any  coordinating  or  ad-, 
visory  committee  which  may  subsequently  be  established  for  thei 
entire  grocery  manufacturing  industry,  and  to  cooperate  with  anyi 
such  committee  with  respect  to  any  functions  that  may  be  delegated 
to  it  by  the  Administrator.  i 

(i)  To  appoint  a  Trade  Practice  Committee  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other 
codes  as  may  be  related  to  the  industry  for  the  purpose  of  formu- 
lating fair  trade  practices  to  govern  the  relationships  between  em- 
ployers under  this  Code  and  under  such  other  codes  to  the  end  that 
sucn  fair  trade  practices  may  be  proposed  to  the  Administrator 
as  amendments  to  this  Code  and  such  other  codes. 

(]')  To  provide  appropriate  facilities  for  arbitration,  and  subject 
to  the  approval  of  the  Administrator,  to  prescribe  rules  of  procedure 
and  rules  to  effect  compliance  with  awards  and  determinations. 

(k)  The  Code  Authority  shall  cause  to  be  formulated  methods  of 
cost  finding  and  accounting  capable  of  use  by  all  members  of  the 
industry,  and  shall  submit  such  methods  to  the  Administrator  for 
review.  If  approved  by  the  Administrator,  full  information  con- 
cerning such  methods  shall  be  made  available  to  all  members  of  the 
industry.  Thereafter  each  member  of  the  industry  shall  utilize 
such  methods  to  the  extent  found  practicable.  Nothing  herein  con- 
tained shall  be  construed  to  permit  the  Code  Authority,  any  agent 
thereof,  or  any  member  of  the  industry  to  suggest  uniform  additions, 
percentages  or  differentials  or  other  uniform  items  of  cost  which 
are  designed  to  bring  about  arbitrary  uniformity  of  costs  or  prices. 

(1)  The  Code  Authority  shall  create  a  committee  on  safety  and 
health  which  shall  study  and  recommend  to  the  Administrator, 
within  six  (6)  months  after  the  effective  date  of  this  Code,  standards 
for  safety  and  health  for  employees  of  the  industry. 


12 

Section  8.  To  make  studies  and  investigations  for  the  establish- 
'nent  of  classifications,  dimensional  standards  and  quality  specifica- 
tions in  cooperation  with  the  United  States  Department  of  Agricul- 
ture and  the  United  Stat^^s  Bureau  of  Standards.  Such  findings 
shall  be  reported  to  the  Administrator  within  six  (6)  months  after 
the  effective  date  of  the  Code. 

Akticle  VII — Trade  Practices 

The  following  practices  constitute  unfair  methods  of  competition 
'for  members  of  the  industry  and  are  prohibited : 
I  1.  Inaccurate  Advertising. — No  member  of  the  industry  shall  pub- 
lish advertising  (whether  printed,  radio,  display,  or  of  any  other 
nature),  which  is  misleading  or  inaccurate  in  any  material  particu- 
lar, nor  shall  any  member  in  any  way  misrepresent  any  goods  Hn- 
cluding,  but  without  limitation,  its  use,  trade-mark,  grade,  quality, 
quantity,  origin,  size,  substancCj  character,  nature,  finish,  material, 
content,  or  preparation)  or  credit  terms,  values,  policies,  services,  or 
the  nature  or  lorm  of  the  business  conducted. 

2.  False  Billing. — No  member  of  the  industry  shall  knowingly 
withliold  from  or  insert  in  any  quotation  or  invoice  any  statement 
that  makes  it  inaccurate  in  any  material  particular. 

3.  lnnccv.rate  Labelling. — No  member  of  the  industry  shall  brand 
or  mark  or  pack  an}'  goods  in  any  manner  which  is  intended  to  or 
does  deceive  or  mislead  purchasers  with  respect  to  the  brand,  grade, 
quality,  quantity,  origin,  size,  substance,  character,  nature,  finish, 
material  content,  or  preparation  of  such  goods. 

4.  Inaccurate  References  to  Ccnrfpetitors^  etc. — No  member  of  the 
industry  shall  publish  advertising  which  refers  inaccurately  in  any 
material  particular  to  any  competitors  or  their  goods,  prices,  values, 
credit  terms,  policies,  or  services. 

5.  Diversion  of  Brokerage. —  (a)  No  member  of  the  industry  shall 
pay  or  allow  any  brokerage  or  commission,  except  to  its  sales  repre- 
sentatives, and  then  only  for  services  actually  performed ;  no  brokeu- 
age  or  commission  shall  be  paid  or  allowed,  directly  or  indirectly, 
to  a  buyer.  No  member  of  the  industry  shall  permit  a  brokerage 
or  commission  to  be  paid  or  allowed  to  any  buyer  by  employing  a 
sales  agency  which  such  member  of  the  industry  knows  or  has  reason 
to  believe  is  dividing  or  will  divide  its  brokerage  or  commission  with 
any  buyer. 

(b)  The  foregoing  provision  shall  not  be  construed  or  applied 
60  as  to  limit  the  right  of  any  member  to  grant  to  any  buyer  a  price 
reduction  or  discount  by  reason  of  savings  effected  through  a  price 
differential  which  is  based  upon  and  reasonably  measured  by  such 
savings  to  the  member  and  is  based  upon  and  reasonably  measured 
by  the  quantity  sold  and  delivered. 

j  6.  Costs  and  Price  Cutting. —  (a)  Wilfully  destructive  price  cut- 
ting is  an  unfair  method  of  competition  and  is  forbidden.  Any 
member  of  the  industry  or  of  any  other  industry  or  the  customers 
of  either  may  at  any  time  complain  to  the  Code  Authority  that  any 
price  constitutes  unfair  competition  as  destructive  price  cutting, 
imperiling  small  enterprise  or  tending  toward  monopoly  or  the  im- 
pairment of  code  wages  and  working  conditions.  The  Code  Author- 
ity shall  within  five  (5)  days  afford  an  opportunity  to  the  member 


13 

filing  the  price  to  answer  such  complaint  and  shall  within  fourteen 
(14)  days  make  a  ruling  or  adjustment  thereon.  If  such  ruling 
is  not  concurred  in  by  either  party  to  the  complaint,  all  papers 
shall  be  referred  to  the  Research  and  Planning  Division  of  NRA 
which  shall  render  a  report  and  recommendation  thereon  to  the 
Administrator. 

(b)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  policies. 

(c)  When  an  emergency  exists  as  to  any  given  product,  sale  below 
the  stated  minimum  price  of  such  product,  in  violation  of  Section  8 
hereof,  is  forbidden. 

7.  Distressed  Merchandise. — Notwithstandino^  the  provisions  of 
Section  6  of  this  Article,  distressed  merchandise  may  be  sold  in 
accordance  with  rules  and  regulations  to  be  prescribed  by  the  Code 
Authority,  subject  to  the  approval  of  the  Administrator. 

8.  Emergency  Provisimis. —  (a)  If  the  Administrator,  after  in- 
vestigation shall  at  any  time  find  both  (1)  that  an  emergency  has 
arisen  within  the  industry  adversely  affecting  small  enterprises  or 
wages  or  labor  conditions,  or  tending  toward  monopoly  or  other 
acute  conditions  which  tend  to  defeat  the  purposes  of  the  Act;  and 
(2)  that  the  determination  of  the  stated  minimum  price  for  a  speci- 
fied product  within  the  industry  for  a  limited  period  is  necessary 
to  mitigate  the  conditions  constituting  such  emergency  and  to  effect- 
uate the  purposes  of  the  Act,  the  Code  Authority  may  cause  an 
impartial  agency  to  investigate  costs  and  to  recommend  to  the  Ad- 
ministrator a  determination  of  the  stated  minimum  price  of  the 
product  affected  by  the  emergency  and  thereupon  the  Administrator 
jnay  proceed  to  determine  such  stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of  such 
emergency  and  to  effectuate  the  purposes  of  the  National  Industrial 
Recovery  Act,  he  shall  publish  such  price.  Thereafter,  during  such 
stated  period,  no  member  of  the  industry  shall  sell  such  specified 
products  at  a  net  realized  price  below  said  stated  minimum  price 
and  any  such  sale  shall  be  deemed  destructive  price  cutting.  From 
time  to  time,  the  Code  Authority  may  recommend  review  or  recon- 
sideration or  the  Administrator  may  cause  any  determinations  here- 
under to  be  reviewed  or  reconsidered  and  appropriate  action  taken. 

9.  Selling  On  Other  Than  Standard  Terms. — It  shall  be  an  unfair 
trade  practice  to  sell  on  other  than  the  following  terms  and 
conditions : 

(a)  Bottled  Olives — Guarantees. — No  member  of  the  industry 
shall  guarantee  against  spoilage,  olives  in  bottles  and  jars  (up  to 
and  including  the  thirty -two  (32)  ounce  size)  for  a  period  in  excess 
of  six  (6)  months  from  date  of  shipment.  This  provision  does  not 
prohibit  the  reconditioning  of  olives  upon  which  the  cost  of  trans- 
portation and  reconditioning  is  defrayed  bj  the  buyer. 

(b)  Bulk  Olives. — No  member  of  the  mdustry  shall  guarantee 
bulk  olives  against  spoilage.  Sellers  shall  guarantee  that  bulk  olives 
are  in  good  condition,  and  well  coopered  when  shipped. 


14 

10.  Allowances. — ^No  member  of  the  industry  shall  make  an  allow- 
ance (1)  for  broken  bottles,  bottles  without  caps  if  identified  only 
by  labels;  (2)  unless  he  has  had  a  reasonable  opportunity  to  ex- 
amine the  ^oods,  and  if  goods  are  to  be  destroyed,  a  reasonable 
opportunity  to  supervise  such  destruction;  (3)  for  labels  "where 
products  are  packed  under  Private  Label  unless  the  label  is  com- 
pletely imprinted  and  ready  for  use,  and  if  allowance  is  made  it 
shall  not  be  in  excess  of  the  average  cost  of  labels  to  the  packer. 

11.  Threats  of  Law  Suits. — No  member  of  iho  industry  shall  pub- 
lish or  circulate  unjustified  or  unwarranted  threats  of  legal  pro- 
ceedings which  tend  to  or  have  the  elt'ect  of  harassing  competitors 
or  intimidating  their  customers. 

12.  Sea'et  Relates. — No  member  of  the  industry  shall  secretly 
oflFer  to  make  any  payment  or  allowance  of  a  rebate,  refund,  com- 
mission, credit,  unearned  discount  or  excess  allowance,  whether  in 
the  form  of  money  or  otherwise,  nor  shall  a  member  of  the  industry 
offer  or  extend  to  any  customer  any  special  service  or  privilege  not 
extended  to  all  customers  of  the  same  class,  for  the  purpose  of 
influencing  a  sale. 

13.  Selling  on  Consignment. — No  member  of  the  industry  shall 
ship  goods  on  consignment  except  under  circumstances  to  be  defined 
by  the  Code  Authority  and  subject  to  the  approval  of  the  Admin- 
istrator, where  peculiar  circumstances  of  the  industry  require  such 
practice. 

14.  Bribing  Employees. — No  member  of  the  industry  shall  give, 
permit  to  be  given,  or  offer  to  give,  anything  of  value  for  the  purpose 
of  influencing  or  rewarding  the  action  of  any  employee,  agent,  or 
represenative  of  another  ia  relation  to  the  business  of  the  employer  of 
such  employee,  the  principal  of  such  agent  or  the  represented  party, 
without  the  knowledge  of  such  employer,  principal  or  party.  This 
provision  shall  not  be  construed  to  prohibit  free  and  general  distri- 
bution of  articles  commonly  used  for  advertising  except  so  far  as 
such  articles  are  actually  used  for  commercial  bribery  as  hereinabove 
defined. 

15.  Interference  with  Another's  Contract. — No  member  of  the  in- 
dustry shall  attempt  to  induce  the  breach  of  an  existing  contract 
between  a  competitor  and  his  employee  or  customer  or  source  of 
supply;  nor  shall  any  such  member  interfere  with  or  obstruct  the 
performance  of  such  contractual  duties  or  services. 

16.  Coercion. — No  member  of  the  industry  shall  require  that  the 
purchase  of  any  goods  be  a  prerequisite  to  the  purchase  of  any  other 
goods. 

17.  Blacklisting. — No  member  of  the  industry  shall  join  or  partici- 
pate with  other  members  of  the  industry  who  with  such  member 
constitute  a  substantial  number  of  members  of  the  industry  or  who 
together  control  a  substantial  per  cent  of  the  business  in  any  specific 
product  or  products  of  the  industry,  in  any  transaction  known  in 
law  as  a  black  list,  including  any  practice  or  device  (such  as  a  white 
list)  which  accomplishes  the  purpose  of  a  black  list. 

Article  VIII — Coordination  with  Other  Codes 

The  industry,  recognizing  the  value  of  uniform  basic  trade  practice 
provisions  for  all  food  and  grocery  manufacturing  codes,  pledges  co- 


15 

operation  in  securing  the  amendment  of  any  trade  practice  pro- 
visions in  this  Code  which  may  be  in  conflict  with  trade  practice  pro- 
visions approved  by  the  President  or  suggested  by  the  Administrator 
for  the  entire  food  and  grocery  manufacturing  industry. 

Article  IX — jModificatiox 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel,  or  modify  any  order,  approval,  license,  rule,  or  regu- 
lation issued  under  said  Act. 

Section  2.  This  Code,  except  as  to  provisions  required  by  the  Act, 
may  be  modified  on  the  basis  of  experience  or  changes  in  circum- 
stances, such  modifications  to  be  based  upon  application  to  the  Ad- 
ministrator and  such  notice  and  hearing  as  he  shall  specify,  and  to 
become  effective  on  approval  of  the  President. 

Article  X — Monopolies 

No  provision  of  this  Code  shall  be  applied  so  as  to  permit  monopo- 
lies or  monopolistic  practices,  or  to  eliminate,  oppress,  or  discrimi- 
nate against  small  enterprises. 

Article  XI 

This  Code  shall  become  effective  on  the  second  Monday  after  its 
approval. 


Approved  Code  No.  491. 
Registry  No.  113-02. 


O 


Approved   Code  No.   492 
CODE  OF  FAIR  COMPETITION 

FOR  THE 

STEREOTYPE  DRY  MAT  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Code  of  Fair  Competition  for  the  Stereottpe  Dry  Mat  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Code  of 
Fair  Competition  for  the  Stereot3qDe  Dry  Mat  Industry,  and  a  hear- 
ing having  been  duly  held  thereon  and  the  annexed  report  on  said 
Code  containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President : 

NOW,  THEREFORE,  on  belialf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  Code  complies  in  all  respects 
with  the  pertinent  provisions  and  will  promote  the  policy  and  pur- 
poses of  said  Title  of  said  Act;  and  do  hereby  order  that  said  Code 
of  Fair  Competition  be  and  it  is  hereby  approved;  PROVIDED 
that  the  provisions  of  Article  VI,  Section  5,  insofar  as  they  pre- 
scribe a  waiting  period  between  the  filing  with  the  Code  Authority 
(i.e.  actual  receipt  by  the  Code  Authority)  and  effective  date  of 
revised  price  lists  or  revised  terms  and  conditions  of  payment  be  and 
they  are  hereby  stayed  pending  my  further  order;  provided  further 
that  with  respect  to  Article  IV,  Section  1,  the  Code  Authority  shall 
make  a  study  to  determine  the  advisability^  of  an  upward  revision 
of  the  hourly  rate  for  female  employees  and  shall  make  a  report 
on  such  study  to  the  Administrator  within  90  days  after  the  effective 
date  of  this  Code. 

Hugh  S.  Johnson, 
Administratoi'  for  Industrial  Recovery. 

Approval  recommended : 
Geo.  L.  Berry, 

Division  Adnunistrator. 

Washington,  D.C, 

Jidy  27,  193.\. 

76460° 829-lCO 34-        (17) 


EEPORT  TO  THE  PRESIDENT 

The  President, 

White  House. 
Sir  :  This  is  a  report  of  the  hearing  on  the  Code  of  Fair  Competi- 
tion for  the  Stereotype  Dry  Mat  Industry,  conducted  in  Washington 
on  May  3,  1934,  in  accordance  with  the  provisions  of  Title  I  of  the 
National  Industrial  Recovery  Act. 

HOURS  AND  WAGES 

This  Code  i)rovides  a  standard  forty  (40)  hour  week  for  factory 
workers  with  a  weekly  tolerance  of  eight  (8)  hours  to  be  paid  for 
as  overtime.  The  usual  exceptions  are  made  in  regard  to  non- 
productive employees  and  employees  engaged  in  continuous  process 
operations. 

The  minimum  wage  rate  for  hourly  paid  emploj'ces  is  40^  per 
hour  for  males  and  32i/2V^  for  females.  Office  employees  will  receive 
a  minimum  of  $16.00  per  week,  except  for  5%  of  such  class  of 
employees  who  may  be  compensated  at  the  minimum  return  of 
$14.00  per  week. 

OPEN  PRICE  PLAN 

An  open  price  plan  of  selling  is  provided  and  selling  below  cost, 
except  to  meet  competition,  is  proliibited. 

OTHER  PROVISIONS 

Provision  is  made  for  furnishing  the  Administrator  with  such 
statistical  data  as  he  may  require,  and  for  the  adoption  of  a  uniform 
contract  form  which  shall  be  subject  to  the  disapproval  of  the 
Administrator. 

ECONOMIC  EFFECT  OF  THE  CODE 

The  Industry  employed  in  1929  about  200  persons.  Sales  were 
approximately  $1,900,000.00.  As  a  result  of  the  President's  Re- 
Employment  Agreement  employment  was  increased  approximately 
20%  in  November  1933,  in  spite  of  decreased  man  hour  requirements 
which  were  about  40%  less  in  1929. 

As  a  result  the  total  increase  in  salaries  in  the  Industry  will  be 
about  25%. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth,  and  on  the  basis  of  all  the  pro- 
ceedings in  this  matter 

(18) 


19 

I  find  that : 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  which  tend  to  diminish  the  amount  thereof  and  will  pro- 
vide for  the  general  welfare  by  promoting  the  organization  of  in- 
dustry for  the  purpose  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  governmental  sanction  and  supervision, 
by  eliminating  unfair  competitive  practices,  by  promoting  the  full- 
est possible  utilization  of  the  present  productive  capacity  of  indus- 
tries, by  avoiding  undue  restrictions  of  production  (except  as  may 
be  temporaril}'  required),  by  increasing  the  consumption  of  indus- 
trial and  agi'icultural  products  through  increasing  purchasing  power, 
by  reducing  and  relieving  unemployment,  by  improving  standards 
of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  Asso- 
ciation is  an  industrial  Association  truly  representative  of  the  afore- 
said Industry;  and  that  said  Association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  op- 
press small  enterprises  and  will  not  operate  to  discriminate  against 
them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Code. 

For  these  reasons  this  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
July  27,  1934. 


CODE  OF  FAIR  COMPETITION  FOR  THE  STEREOTYPE 
DRY  MAT  INDUSTRY 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  tlie  following  is  hereby  established  as  a  Code  of  Fair 
Comi^etition  for  the  above  named  Industry  and  shall  be  binding  on 
every  member  thereof. 

Article  I — Defixittgns 

The  following  words  are  used  in  this  Code  with  the  meaning 
herein  set  forth : 

'•  Industry  "' — The  manufacture  for  sale  of  stereotype  dry  mats, 

"  Member " — A  natural  person,  partnership,  corporation,  asso- 
ciation, trust,  trustee,  trustee  in  bankruptcy,  receiver,  or  other  form 
of  enterprise  engaged  in  such  industry. 

"  Employee  " — Any  and  all  persons  enga«jed  in  the  industry  how- 
ever compensated,  except  a  member  of  the  industry. 

"  Employer  " — Anyone  by  whom  such  employee  is  compensated  or 
emj)lo3-ed. 

''  President  ",  "Act  ",  and  "Administrator  " — Respectively  the 
President  of  the  United  States,  Title  I  of  the  National  Industrial 
Recovery  Act,  and  the  Administrator  for  Industrial  Recovery. 

Article  II — Organization,  Powers  and  Duties  of  the  Code 

Authority 

organization  and  constitution 

Section  1.  There  is  hereby  established  a  Code  Authority  of  four 
members,  one  representative  from  each  unit,  the  method  of  election 
of  whom  shall  be  approved  by  the  Administrator.  The  term  of 
office  ^f  each  member  shall  be  for  one  year  and  until  the  election  of 
his  successor.  If  in  the  event  new  units  shall  be  added  to  the  Indus- 
try, a  new  plan  of  procedure  for  the  election  of  such  members  sliall 
be  submitted  to  and  approved  by  the  Administrator. 

Section  2.  In  addition  to  membership  as  above  provided,  there 
may  be  one  member,  without  vote,  to  be  known  as  Arlministration 
members,  to  be  appointed  by  the  Administrator  to  serve  for  such 
terms  as  he  may  specify. 

Section  3.  Each  trade  or  industrial  association  directly  or  in- 
directly participating  in  the  selection  or  activities  of  the  Code  Au- 
thority shall  (1)  impose  no  inequitable  restricti(ms  on  membership, 
and  (2)  submit  to  the  Administrator  true  copies  of  its  articles  of 
association,  by-laws,  regulations,  and  any  amendments  when  made 
thereto,  together  with  such  other  information  as  to  membership,  or- 
ganization, and  activities  as  the  Administrator  may  deem  necessary 
to  effectuate  the  purposes  of  the  Act. 

(20) 


21 

Section  4.  In  order  that  the  Code  Authority  shall  at  all  times  be 
truly  representative  of  the  Industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  prescribe 
such  hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find 
that  the  Cotle  Authority  is  not  truly  representative  or  does  not  in 
other  respects  comply  with  the  provisions  of  the  Act,  may  require  an 
appropriate  modification  of  the  Code  Authority. 

Section  5.  Nothing  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Authority  partners  for  any  purpose.  Nor  shall 
any  member  of  the  Code  Authority  be  liable  in  any  numner  to  any- 
one for  an}'  act  of  any  other  member,  oflicer,  agent  or  employee  of 
the  Code  Authority.  Nor  shall  any  member  of  the  Code  Authority, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties  here- 
under, be  liable  to  an^^one  for  any  action  or  omission  to  act  under 
this  Code,  except  for  his  own  wilful  malfeasance  or  non-feasance. 

Section  5.  If  the  Administrator  shall  at  any  time  determine  that 
any  action  of  a  Code  Authorit}^  or  any  agency  thereof  may  be  unfair 
or  unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opi)ortunity  for 
iuA^estigation  of  the  merits  of  such  action  and  further  consideration 
by  such  Code  Authority  or  agency  pending  final  action  which  shall 
not  be  effective  unless  the  Administrator  approves  or  unless  he  shall 
fail  to  disapprove  after  thirty  (30)  days'  notice  to  him  of  intention 
to  proceed  with  such  action  in  its  original  or  modified  form. 

rOWEKS  AND  duties 

Section  7.  Subject  to  such  rules  and  regulations  as  may  be  issued 
by  the  Administrator,  the  Code  Authority  shall  have  the  following 
powers  and  duties,  in  addition  to  those  authorized  by  other  provi- 
sions of  this  Code. 

(a)  To  insure  the  execution  of  the  provisions  of  this  Code  and 
to  provide  for  the  compliance  of  the  Industry  with  the  provisions  of 
the  Act. 

(b)  To  adopt  by-laws  and  rules  and  regulations  for  its  procedure. 

(c)  To  obtain  from  members  of  the  Industry  such  information 
and  reports  as  are  required  for  the  administration  of  the  Code.  In 
addition  to  information  required  to  be  submitted  to  the  Code  Au- 
thority, members  of  the  Industry  subject  to  this  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act  to  such 
Federal  and  State  agencies  as  he  may  designate ;  provided  that  noth- 
ing in  this  Code  shall  relieve  any  member  of  the  Industry  of  any 
existing  obligations  to  furnish  reports  to  any  Government  agency. 
No  individual  report  s-hall  be  disclosed  to  any  other  member  of  the 
Industry  or  any  other  party  except  to  such  other  Governmental 
agencies  as  may  be  directed  by  the  Administrator, 

(d)  To  use  such  trade  associations  and  other  agencies  as  it 
deems  proper  for  the  carrying  out  of  any  of  its  activities  provided 
for  herein,  provided  that  nothing  herein  shall  relieve  the  Code 
Authority  of  its  duties  or  responsibilities  under  this  Code  and  that 
such  trade  associations  and  agencies  shall  at  all  times  be  subject  to 
and  comply  with  the  provisions  hereof. 


22 

(e)  To  make  recommendations  to  the  Administrator  for  the  co- 
ordination of  tlie  administration  of  this  Code  with  such  other  codes, 
if  any,  as  may  be  rehited  to  or  affect  members  of  the  Industry. 

(f)  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  Code  and  to  maintain  the  standards  of  fair  competition 
e.'^tablished  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized: 

1.  To  incur  such  reasonal^le  oblij^ations  as  are  necessaiy  and  proper 
for  the  foregoing  purposes,  and  to  meet  such  obligations  out  of 
funds  which  may  be  raised  as  hereinafter  provided  and  which  shall 
be  held  in  trust  for  the  purpose3  of  the  Code; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  e.xpeuvses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  bo  contributed  by  members  of  the 
industry ; 

3.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  equitable  contribu- 
tion as  above  set  forth  by  all  members  of  the  Industry,  and  to  that 
end,  if  neces^sary,  to  institute  legal  proceedings  therefor  in  its  own 
name. 

4.  Each  member  of  the  Industry  shall  pay  his  or  its  equitable  con- 
tril)ution  to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regu- 
lations pertaining  thereto  issued  by  the  Administrator.  Only  mem- 
bers of  the  Industry  complying  with  the  Code  and  contributino;  to 
the  expense  of  its  administration  as  hereinabove  provided,  shall  be 
entitled  to  participate  in  the  selection  of  members  of  the  Code  Au- 
thority or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

5.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excass  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator 
shall  have  so  approved. 

(g)  To  reconmiend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions 
to  govern  members  of  the  Industry  in  their  relations  with  each  other, 
or  with  other  industries;  measures  for  industrial  planning,  and 
stabilization  of  employment;  and  including  modifications  of  this 
Code  which  shall  become  effective  as  part  hereof  upon  approval  by 
the  Administrator  after  such  notice  and  hearing  as  he  may  specify. 

(h)  To  appoint  a  Trade  Practice  Committed}  which  shall  meet 
with  the  Trade  Practice  Committers  appointed  under  such  other 
codes  as  may  1)C  related  to  the  Industry  for  the  purpose  of  formu- 
lating fair  trade  practices  to  govern  the  relationships  between  em- 
ployers under  this  Code  and  under  such  other  codes  to  the  end  that 
such  fair  trade  ])ractices  may  be  proposed  to  the  Administrator  as 
amendments  to  this  Code  and  such  other  codes. 


23 

(i)  To  provide  appropriate  facilities  for  arbitration,  and  sub- 
ject to  the  approval  of  the  Administrator,  to  prescribe  rules  of  proce- 
dure and  rules  to  effect  compliance  with  awards  and  determinations. 

Articl-e  III — Hours  of  Labor 

Section  1.  Emploj^ees  in  the  Industry  shall  not  be  required  to 
work  or  permitted  to  work  hours  in  excess  of  the  limits  prescribed  in 
the  following  schedule: 

^a)  Watchmen:  Fifty-six  (5G)  hours  in  any  one  week. 

(b)  Chauffeurs,  truck  drivers,  and  their  helpers:  Not  to  exceed 
ten  (10)  hours  in  any  one  day  or  forty-five  (45)  hours  in  any  one 
week ;  provided,  however,  that  time  may  be  worked  in  excess  of  these 
limitations  if  such  overtime  is  paid  for  at  not  less  than  time  and 
one-third. 

(c)  Engineers  and  electricians:  Not  to  exceed  nine  (9)  hours  in 
any  one  day  or  forty-five  (45)  hours  in  any  one  week;  provided, 
however,  that  time  may  be  worked  in  excess  of  these  limitations  it 
such  time  is  paid  for  as  not  less  than  time  and  one-third. 

(d)  Tour  workers  in  continuous  process  operations:  Eight  (8) 
hours  in  any  one  day  and  forty  (40)  hours  in  any  one  week;  pro- 
vided, however,  that  additional  hours  up  to  a  total  of  forty-eight 
(48)  hours  per  week  may  be  worked  at  basic  hourly  rate  (1)  to 
avoid  shutdowns  due  to  temporary  absence  of  a  relief  worker;  (2) 
in  changing  wires  and  machine  clothing;  (3)  in  clean-ups,  wash-ups, 
and  adjustments  in  cases  where  such  work  cannot  be  done  while  the 
machines  are  in  operation;  provided  further,  that  with  the  excep- 
tions herein  allowed  all  other  employment  for  such  tour  workers  in 
excess  of  eight  (8)  hours  in  any  one  day  and  forty  (40)  hours  in 
any  one  week  shall  be  paid  for  at  not  less  than  time  and  one-third. 

(e)  All  other  laborers,  mechanical  workers,  or  artisans  employed 
in  any  plant,  mill,  or  factory  or  on  work  connected  with  the  opera- 
tion of  such  plant,  mill  or  factory:  Eight  (8)  hours  in  any  one  day 
and  forty  (40)  hours  in  any  one  week,  provided,  however,  that  these 
maximum  limits  may  be  exceeded  in  cases  of  sea.sonal  demand  or 
peak  loads  where  restrictions  of  hours  would  unavoidably  reduce 
production,  provided,  that  all  time  worked  in  excess  of  ei^ht  (8) 
hours  per  day  and  forty  (40)  hours  per  week  shall  be  paid  for  as 
not  less  than  time  and  one-third,  and  provided,  further,  tha,t  no 
employees  shall  be  required  or  permitted  to  work  in  excess  of  forty- 
eight  (48)  hours  in  any  one  week. 

(f)  Employees  regularly  engaged  in  a  managerial,  supervisory, 
research  or  executive  capacity,  receiving  thirty-five  ($35.00)  dollars 
or  more  per  week,  and  outside  salesmen :  No  limitation. 

(g)  Office  employees:  One  hundred  sixty  (160)  hours  in  any 
period  of  four  (4)  consecutive  weelts,  but  not  to  exceed  forty-eight 
(48)  hours  in  any  one  week. 

Secitox  2.  No  employee  of  the  classes  included  under  Section  1 
(a),  (b),  (c),  (d),  (e),  and  (g)  of  this  Article  shall  be  required  or 
permitted  to  work  more  than  six  (6)  days  in  any  period  of  seven 
(7)  consecutive  days. 

Section  3.  No  limitation  contained  in  said  schedule  shall  apply 
to  employees  of  any  class  when  engaged  in  emergency  repairs  or 


24 

emergency  maint<^nancc  work  occasioned  by  breakdoAYns  or  involv- 
ing protection  of  life  or  property;  provided,  however,  that  time 
worked  in  excess  of  the  limitations  specified  in  said  schedule  shall  be 
paid  for  as  not  less  than  time  and  one-third. 

Section  4.  No  employer  shall  permit  any  employee  to  work  for  any 
time  which,  when  totaled  with  that  already  performed  with  another 
emplo3'er  or  employers,  exceeds  the  maximum  permitted  herein. 

Sfxtiox  5.  No  female  employee  shall  be  required  or  permitted  to 
work  between  the  hours  of  10  P.]\L,  and  T  A.M. 

Article  IV — Wages 

Section  1.  The  minimum  rate  of  wage  of  any  cm])loyee,  other  than 
office  or  clerical  employees,  employed  in  any  plant,  mill  or  factory 
or  on  work  connected  with  the  operation  of  any  such  plant,  mill  or 
factory  shall  be  as  follows : 

]\lale — 40  cents  per  hour. 

Female — 321/2  cents  per  hour.^ 

Section  2.  The  minimum  rate  of  wage  for  any  office  or  clerical 
employees  shall  be  sixteen  ($16.00)  dollars  per  week,  provided  how- 
ever, that  office  boys  or  girls  and  messengers,  constituting  not  more 
than  five  per  cent  of  such  class  of  employees,  or  at  least  one  in 
number,  may  be  compensated  at  the  minimum  rate  of  fourteen 
($14.00)  per  week.  Part-time  employees  covered  by  the  provisions 
of  this  Section  shall  be  paid  at  the  rate  of  not  less  than  forty  (40^) 
per  liour. 

Section  3.  This  Article  establishes  a  minimum  rate  of  pay  which 
shall  apply  irrespective  of  whether  an  employee  is  actually  compen- 
sated on  time  rate,  piecework,  or  other  basis. 

Section  4.  The  wage  rates  of  all  emploj'ees  shall  be  reviewed  and 
adjustments  made  therein,  if  equitable,  but  in  no  case  shall  they  be 
decreased.  Within  sixty  (CO)  daj-s  after  the  effective  date  hereof, 
the  Code  Authority  shall  report  to  the  Administrator  the  action 
taken  by  all  members  of  the  Industry  under  this  Section. 

Section  5.  Female  employees  performing  substantially  the  same 
work  as  male  employees  shall  receive  the  same  rate  of  pay  as  male 
employees. 

Section  6.  A  person  whose  earning  capacity  is  limited  because 
of  age  or  physical  or  mental  handicap  may  be  employed  on  light 
work  at  a  wage  below  the  minimum  established  by  this  Code  if  the 
employer  obtains  from  the  State  authority  designated  by  the  United 
States  Department  of  Labor  a  certificate  authorizing  his  employment 
at  such  wages  and  for  such  hours  as  shall  be  stated  in  the  cei'tificate. 
Each  employer  shall  file  monthly  with  the  Code  Authority  a  list  of 
all  such  persons  employed  by  him,  showing  the  wages  paid  to,  and 
the  maximum  hours  of  work  for  such  employees. 

Auticle  V — General  Laror  Provisions 

Section  1.  Xo  person  under  sixteen  (IG)  j'ears  of  age  shall  be 
employed  in  the  Industry.  No  person  under  eighteen  (18)  years 
of  age  shall  be  emplo^'^ed  at  operations  or  occupations  which  are 
hazardous  in  nature  or  dangerous  to  health.     The  Code  Authority 


*  See  paragraph  2  of  order  approving  this  Code. 


25 

shall  submit  to  the  Administrator  within  sixty  (60)  days  after  the 
effective  date  of  this  Code  a  list  of  such  operations  and  occupations. 
In  any  State  an  employer  shall  be  deemed  to  have  complied  with 
this  provision  as  to  age  if  he  shall  have  on  tile  a  certificate  or  permit 
duly  signed  by  the  authority  in  such  State  empowered  to  issue  em- 
ployment or  age  certificates  or  permits,  showing  that  the  employee 
is  of  the  required  aije. 

Section  2.  Employees  shall  have  the  right  to  organize  and  bar- 
gain collectively  through  representatives  of  their  own  choosing,  and 
shall  be  free  from  the  interference,  restraint  or  coercion  of  employers 
of  labor,  or  their  agents,  in  the  designation  of  such  representatives 
or  in  self-organization  or  in  other  concerted  activities  for  the  purpose 
of  collective  bargaining  or  other  mutual  aid  or  protection.  No  em- 
ployee and  no  one  seeking  employment  shall  be  required  as  a  condi- 
tion of  employment  to  join  any  company  union  or  to  refrain  from 
joining,  organizing  or  assisting  a  labor  organization  of  his  own 
choosing.  Employers  shall  comply  with  the.  maximum  hours  of 
labor,  minimum  rates  of  pay  and  other  conditions  of  employment 
approved  or  prescribed  by  the  President. 

Section  3.  No  provision  in  this  Code  shall  supersede  any  State 
or  Federal  law  which  imposes  on  employers  more  stringent  require- 
ments as  to  age  of  employees,  wages,  hours  of  work,  or  as  to  safety, 
health,  sanitary  or  general  working  conditions,  or  insurance  of  fire 
protection,  than  are  imposed  by  this  Code.  . 

Section  4.  No  employer  shall  reclassify  employees  or  duties  of 
occuiDations  performed  or  engage  in  any  other  subterfuge  for  the 
purpose  of  defeating  the  purposes  or  provisions  of  the  Act  or  of  this 
Code. 

Section  5.  All  employers  shall  post  copies  of  Article  III,  IV,  and 
V  of  this  Code  in  conspicuous  places  accessible  to  employees  and 
comply  with  all  other  posting  rules  and  regidations  i&sued  by  the 
Administrator. 

Section  6.  Every  employer  shall  make  reasonable  provisions  for 
the  safety  and  health  of  his  employees  at  the  place  and  during  the 
hours  of  their  employment.  Standards  for  safety  and  health  shall 
be  submitted  by  the  Code  Authority  to  the  Administrator  within 
three  (3)  months  after  the  effective  date  of  this  Code. 

Section  7.  The  manufacture  or  partial  manufacture  of  any  prod- 
uct of  the  Industry  in  homes  shall  be  prohibited,  except  in  accordance 
with  the  provisions  of  the  Executive  Order  of  the  President,  dated 
May  15,  1934. 

Section  8.  The  Code  Authority  shall  make  a  study  of  conditions 
in  the  Industry  to  determine  the  feasibility  of  the  adoption  of  a 
shorter  worldng  week  and  shall,  within  three  (3)  months  after  the 
effective  date  of  this  Code,  make  a  report  of  its  findings  to  the  Ad- 
ministrator. The  Code  Authority  shall  also  submit  to  the  Adminis- 
trator within  six  (6)  months  after  the  effective  date  of  this  Code  a 
plan  fpr  the  stabilization  and  reg-ularization  of  employment. 

Article  VI — Accounting — Selling 

Section  1.  The  Code  Authority  shall,  as  soon  as  practicable,  cause 
to  be  formulated  an  accounting  system  and  methods  of  cost  finding 
and/or  estimating  capable  of  use  by  all  members  of  the  Industry. 


26 

After  such  system  and  methods  have  been  formulated  and  approved 
by  the  Administrator,  full  details  concerning  them  shall  be  made 
available  to  all  members.  Thereafter  all  members  shall  determine 
and/or  estimate  costs  in  accordance  with  the  principles  of  such 
methods. 

Section  2.  The  Code  Authority  may  from  time  to  time  determine 
that  an  open  price  plan  of  selling  such  product  or  products  of  the 
Industry  as  it  shall  specif}'  shall  be  put  into  eifect  on  such  date  as  it 
shall  fix.  Notice  of  such  determination  shall  be  announced  to  all 
known  members  of  the  Industry  who  manufacture  such  products  not 
less  than  thirty  (30)  days  prior  to  the  date  so  fixed. 

Section  3.  At  least  ten  (10)  days  prior  to  such  date,  every  mem- 
ber sliall  file  with  the  Code  Authority  a  .schedule  of  prices  and  terms 
of  sale  for  all  such  products  or,  in  the  alternative,  shall  be  deemed 
to  have  filed  a  schedule  conforming  in  respect  to  price  and  terms  of 
sale  with  the  schedule  at  any  time  on  file  which  states  the  lowest 
price  and  the  most  favorable  terms. 

Section  4.  All  schedules  .shall  be  in  such  form  as  the  Code  Au- 
thority shall  prescribe  and  shall  contain  all  information  necessary 
to  permit  any  interested  person  to  determine  the  exact  net  price  per 
unit  to  the  purchaser  of  any  products  of  the  Industry.  All  such 
original  schedules  shall  beeome  effective  on  the  date  fixed  by  the 
Code  Authority  as  provided  in  Section  2  hereof. 

Section  5.  An  originiil  schedule,  a  revised  schedule  or  schedules, 
or  a  new  schedule  or  schedules,  or  a  notice  of  withdrawal  of  a  sched- 
ule ])reviously  filed,  may  be  filed  by  a  member  with  the  Code  Au- 
thority at  any  time,  provided,  how^ever,  that  any  member  who  with- 
draws a  schedule  without  substituting  a  new  schedule  therefor  shall 
be  deemed  to  have  filed  a  schedule  conforming  in  respect  to  price  and 
terms  of  sale  with  the  schedule  at  any  time  thereafter  on  file  which 
states  the  lowest  price  and  the  most  lavorable  terms.  Any  schedule 
or  notice  filed  hereunder,  shall  become  effective  ten  (10)  days  after 
date  of  filing,  provided,  hoAvever,  that  an  increased  price  may  become 
effective  at  such  earlier  date  as  the  member  filing  the  same  shall  fix.^ 

Section  6.  The  Code  Authority  shall  promptly  supply  all  members 
of  the  Industry  who  manufacture  any  particular  product  with  copies 
of  all  schedules,  revised  schedules,  and  notices  of  withdrawal,  which 
pertain  to  such  product.  Immediately  upon  receipt  of  information 
relative  to  the  withdrawal  of  a  price  for  any  product,  any  member 
may  file  notice  of  withdrawal  of  his  own  price  for  the  same  product 
effective  as  of  the  same  date  as  the  notice  of  withdrawal  of  such 
other  member.  Immediately  on  receipt  of  information  that  a  sched- 
ule then  on  file  has  been  revised,  or  that  a  new  schedule  has  been 
filed,  any  member  may  file  a  revised  schedule  conforming  as  to  price 
and  terms  to  the  schedule  of  such  other  member  and  eifective  on  the 
same  date,  or  he  may  notify  the  Code  Authority  that  he  adopts  as  his 
own  the  schedule  of  such  other  member.  In  the  latter  event,  he  shall 
be  deemed  to  have  filed  a  revised  schedule  conforming  to  the  revised 
schedule  of  such  other  member. 

Section  7.  No  such  schedules  of  prices  and  terms  of  sale  filed  by 
any  member,  or  in  effect  at  any  time,  shall  be  such  as  to  permit  the 
sale  of  any  product  at  less  than  the  cost  thereof  to  such  member 


»  See  paragraph  2  of  order  approving  this  Code. 


27 

determined  in  the  manner  provided  in  Section  11  hereof,  provided, 
however,  that  any  member  may,  by  notice  to  the  Code  Authority, 
adopt  as  his  own  a  lower  price  filed  by  another  designated  member. 
Such  adoption  shall  become  automatically  void  upon  the  withdrawal 
or  revision  upward  of  the  price  adopted. 

Section  8.  No  member,  v.ho  shall  have  filed  a  price  or  adopted  as 
his  own  a  price  filed  by  another  member  for  any  product  of  the  In- 
dustry shall  sell  such  product  for  less  than  such  price  or  upon  terms 
or  conditions  more  favorable  than  stated  in  such  price  schedules. 
No  member,  who  shall  have  failed  to  file  a  price  for  any  product  for 
which  the  open  price  plan  is  in  effect,  shall  sell  such  product  at  a 
lower  price  or  on  terms  more  favorable  than  the  lowest  price  and 
most  favorable  terms  stated  in  any  price  schedule  for  such  product 
then  on  file. 

Section  9.  The  Code  Authority  shall  furnish  at  cost  to  any  person 
concerned,  whether  member  or  non-member  requesting  them,  copies 
of  any  price  schedules  which  have  been  filed  with  it.  Such  price 
schedules  shall  be  made  available  to  non-members  at  the  same  tijne 
that  the}'  are  sent  to  members. 

Section  10.  No  member  shall  sell  any  product  of  the  Industry 
for  which  no  open  price  plan  is  in  effect  at  less  than  the  cost  thereof 
to  such  member,  determined  as  provided  in  Section  11  hereof,  except 
to  meet  the  price  of  a  competitor  whose  price  does  not  violate  such 
Section. 

Section  11.  Cost,  for  the  purposes  of  this  Article,  shall  be  deter- 
mined pursuant  to  the  method  of  accounting  and  costing  prescribed 
as  provided  in  Section  1  hereof  as  soon  as  such  method  is  adopted 
and  approved,  and  theretofore  pursuant  to  the  method  employed 
by  such  member  subject  to  such  preliminary  rules  as  the  Code  Au- 
thority shall  from  time  to  time  prescribe  with  the  approval  of  the 
Administrator. 

Section  12.  Every  member  sliall  upon  the  request  of  the  Code 
Authority  furnish  a  designated  agency  of  the  Code  Authority  in 
respect  to  closed  transactions  only,  with  complete  information  in 
regard  to  any  quotation,  order,  contract,  or  sale  of  any  product  of 
the  Industry,  including  information  as  to  specifications,  quantities, 
price,  conditions  of  storage,  transportation  or  delivery,  terms  of 
billing,  cash  or  trade  discounts  allowed  and  other  pertinent  facts 
relating  to  such  quotation,  contract  or  sale. 

Section  13.  Every  member  filing  a  schedule  or  notice  hereunder 
shall  deliver  to  the  Code  Authority  without  expense  such  number 
of  copies  thereof  as  shall  be  necessary  to  enable  the  Code  Authority 
to  supply  one  copy  thereof  to  each  member  of  the  Industry  and 
no  such  schedule  or  notice  shall  be  deemed  to  have  been  filed  until 
such  number  of  copies  shall  have  been  received  by  the  Code 
Authority. 

Section  14.  Nothing  herein  contained  shall  be  construed  to  pre- 
vent the  distribution  of  distress  merchandise  required  to  be  sold  to 
liquidate  a  defunct  or  insolvent  business  or  of  discontinued  lines, 
damaged  goods  or  seconds,  in  such  manner,  at  such  price,  and  on 
such  terms  and  conditions  as  the  Code  Authority  may  approve. 

Section  15.  Nothing  herein  contained  shall  be  construed  to  pre- 
vent the  fulfillment  of  a  bona  fide  contract  existing  on  the  effective 
date  of  this  Code. 


Sectiox  16.  Nothing  lierein  contained  shall  be  construed  to  permit 
discrimination  between  like  purchasers  for  like  quantities. 

Section  IT.  The  Code  Authorit}''  may,  at  any  time,  suspend  the 
open  price  plan  of  selling  either  in  its  entirety  or  insofar  as  it 
applies  to  any  specified  product  or  products  of  the  Industry. 

Section  18.  No  provision  of  this  Code  relating  to  prices  or  terms 
of  selling,  shipping  or  marketing,  shall  ai)ply  to  sales  or  shipments 
for  export.  ^*  Export"  sluiU  mean  trade  between  the  United  States 
or  any  possessions  thereof  (excei)t  the  Philippine  Islands,  the  Vir- 
gin Islands,  American  Samoa,  and  the  Island  of  Guam)  and  any 
foreign  country. 

Article  VII — Monopolies 

Section  1.  No  provision  of  this  Code  shall  be  so  applied  as  to 
permit  mono]X)lies  or  monopolistic  practices,  or  to  eliminate,  oppress 
or  discriminate  against  small  enterprises. 

Article  VIII — Recommendations 

Section  1.  The  Code  Authority  may  from  time  to  time  present 
to  the  Administrator  recommendations  based  on  conditions  in  the 
Industry  wliich  will  tend  to  effectuate  the  operation  of  this  Code 
and  the  policies  of  the  Act.  Such  recommendations  when  approved 
by  the  Administrator,  after  such  notice  and  hearing  as  he  shall  pre- 
scribe, shall  have  the  same  force  and  effect  as  other  provisions  of 
this  Code. 

Article  IX — Trade  Practices 

Section  1.  No  member  of  the  Industry  shall  practice  deception  or 
discrimination  in  regard  to  that  which  is  sold  or  its  selling  price  by 
false  or  misleading  description,  statement,  record,  or  undisclosed 
consideration. 

Section  2.  No  member  of  the  Industry  shall  willfully  defame  a 
competitor  by  words  or  acts  which  call  into  question  his  business 
integrity,  his  ability  to  ])erform  his  contracts,  his  credit  standing,  or 
the  grade,  quality  or  reliability  of  his  product. 

Section  3.  No  member  of  the  Industry  shall  willfully  induce  or 
attempt  to  induce  the  breach  of  a  competitor's  contract. 

Section  4.  No  member  of  the  Industry  for  the  deliberate  purpose 
of  injuring  a  competitor  in  business  shall  entice  away  any  employee 
of  such  competitor,  provided,  however,  that  nothing  contained  herein 
shall  prevent  an  eniploj'ee  of  one  member  from  offering  his  services 
to  a  competitor,  nor  prevent  any  member  from  employing  the  em- 
ploj'ee  of  another  member. 

Section  5.  No  member  of  the  Industry  shall  sell  stereotype  dry 
mats  in  quantit}^  amounts  at  discount  on  terins  different  from  those 
specified  in  the  uniform  sales  contract  form  to  be  prescribed  by  the 
Code  x\uthority  and  adopted  by  the  individual  members  of  the  Indus- 
try; which  uniform  contract  form  shall  be  effective  thirty  (30)  days 
after  the  effective  date  of  this  Code,  unless  disapproved  by  the 
Administrator, 

Section  6.  Until  the  Code  Authority  and  the  members  have  acted 
under  Section  5  of  this  Article,  quotations  and  sales  of  any  product 
of  the  Industry  shall  be  subject  to  the  following  rules: 


29 

(a)  Terms  of  sale  shall  be  thirty  (30)  days  net. 

(b)  All  quotations  shall  be  made  on  an  F.O.B.  mill  basis. 
Section  7.  No  member  of  the  Industry  shall  make  or  offer  or 

allow  to  be  made  or  offered  any  rebate,  refund  or  other  concession  of 
discriminatory  nature,  specifically  including  unearned  discounts  or 
commissions. 

Section  8.  No  meml)er  of  the  Industry  shall  dump  or  sell  at  a 
reduced  price  any  surplus  product  of  the  Industry  for  the  purpose  of 
injuring  a  competitor. 

Section  9.  No  member  of  the  Industry  shall  sell  syndicate  mats 
and/or  newspaper  mats  at  a  discount  in  an  amount  less  than  20,000 
and  100,000  respectively,  and  then  only  if  (a)  the  products  so  sold 
are  to  be  delivered  within  twelve  (12)  months  from  the  date  of 
contract;  (b)  such  contracts  are  to  be  made  only  with  individual 
newspapers,  sj^ndicates  or  commercial  shops  and/or  chains  of  such, 
who  have  central  purchasing  offices  and/or  agents,  which  central 
purchasing  office  and/or  agents  assume  full  financial  responsibility 
for  purchases;  (c)  no  member  of  the  Industry  shall  knowingly  sell 
syndicate  mats  to  a  newspaper  for  use  in  the  direct  production  of 
such  newspaper. 

Section  10.  Immediately  after  this  Code  shall  have  become  effec- 
tive each  member  of  the  Industr}^  shall  file  with  the  Code  Authoi-ity 
a  list  of  all  bona  fide  contracts  and/or  so  called  indeterminate  con- 
tracts then  existing  between  such  member  and  his  customers.  Copies 
of  all  such  contracts  entered  into  after  the  effective  date  of  this  Code 
shall  immediately  upon  their  signing  be  filed  by  each  member  with 
the  Code  Authority. 

Section  11.  No  member  of  the  Industry  shall  guarantee  to  under- 
sell a  competitor. 

Section  12.  No  member  of  the  Industry  shall  give,  permit  to  be 
given,  or  directly  offer  to  give  anything  of  value  for  the  purpose  of 
influencing  or  rewarding  the  action  of  any  employee,  agent,  or  rep- 
resentative of  another  in  relation  to  the  business  of  the  employer 
of  such  employee  the  principal  of  such  agent,  or  the  represented 
party,  without  the  knoAvledge  of  such  employer,  principal  or  party. 
The  foregoing  provisions  shall  not  be  construed  to  prohibit  free  and 
general  distribution  of  articles  commonly  used  for  advertising  except 
so  far  as  such  articles  are  actually  used  for  commercial  bribery  as 
herein  defined. 

Article  X — General  Provisions 

Section  1.  If  any  member  is  also  a  member  of  another  Industry, 
the  provisions  of  this  Code  shall  apply  to  and  affect  only  that  part 
of  his  business  which  is  included  in  this  Industry. 

Section  2.  Any  work  or  process  incidental  to  and  carried  on  by  a 
meml>er  at  his  plant  as  a  part  of  the  manufacture  of  any  product  of 
the  Industry,  shall  be  regarded  as  a  part  of  this  Industry. 

Section  3.  The  Code  Authority  may  secure  current  information 
regarding  the  competition  in  domestic  markets  of  imported  dry 
mats,  and  if  it  shall  find  that  such  dry  mats  are  being  imported  into 
the  United  States  in  substantial  quantities  or  in  increasing  ratio  to 
domestic  productions,  and  on  such  terms  or  under  such  conditions  as 
to  render  ineffective  or  seriously  endanger  the  maintenance  of  this 


30 

Code,  it  may  complain  to  the  President  pursuant  to  the  provisions 
of  Section  3  (e)  of  the  Act  and  petition  for  suitable  restrictions  on 
the  importation  of  such  dry  mats. 

Section  4.  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,  be  modified  or  eliminated  as  changes  in  circumstances  or 
experience  may  indicate. 

Section  5.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  Section  10  (b)  of  the  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,  but  without  limitation,  to 
the  right  of  the  President  to  cancel  or  modify  his  approval  thereof. 

Section  6.  This  Code  shall  become  effective  on  the  second  Monday 
after  the  date  upon  which  it  shall  be  approved  by  the  President. 


Approved  Code  No.  492. 
Registry  No.  503-01. 


O 


Approved  Code  No.  493 
CODE  OF  FAIR  COMPETITION 


FOR  THE 


INDUSTRIAL   OIL   BURNING   EQUIPMENT 

MANUFACTURING  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Approving  Code  of  Fair  Competition  for  the  Industrial  Oil 
Burning  Equipment  Manufacturing  Industry 

An  application  having  been,  dnly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  10,  1933,  for  approval  of  a  Code  of 
Fair  Competition  for  the  Industrial  Oil  Burning  Equipment  Manu- 
facturing Industry  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  Code,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Code  complies  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act ;  and  do  liereby  order  that  said  Code  of  Fair 
Competition  be  and  it  is  hereby  approved.  I  do  hereby  further 
order  that  the  Industrial  Oil  Burning  Equipment  Manufacturing 
Industry  and  its  members  be  hereafter  exempted  from  the  provisions 
of  the  Oil  Burner  Industry  Code. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Adnmiistrator. 

Washington,  D.C, 

July  30,  193i. 

77109° 820-170 34 1         (31) 


EEPOET  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sin:  This  is  a  report  on  the  Code  of  Eair  Competition  for  the 
Industrial  Oil  Burning;  Equipment  Manufacturing  Industry  as 
revised  aft<^r  a  })uhlic  hearing,  conducted  thereon  in  Washington, 
D.  C.  on  July  10,  1934,  in  accordance  with  the  provisions  of  the 
National  Industrial  Recovery  Act. 

PROVISIOXS   AS    TO   WAGES    AISD   IlOUJfS 

All  employees  shall  !  e  paid  a  minimum  rate  of  forty  cents  per  hour 
except  handicapped  Avorkers,  when  properly  certified.  Accounting, 
clerical  and  office  employees  may  he  jiaid  at  n(>t  less  than  fifteen 
dollars  per  week.  Office  boys  and  girls  may  be  paid  not  less  than 
eiglity  percent  of  this  last  rate  and  shall  not  exceed,  in  any  calendar 
month,  five  percent  of  the  total  office  employees  of  the  employer 
except  that  an^^  employer  may  employ  at  least  two  such  persons. 
Commission  sales  people  are  excepted  from  these  minimum  wages. 

Fort}'  hours  shall  be  the  maximum  number  of  working  hours  for 
any  week  and  eight  hours  for  any  day  except  that,  during  not  to  ex- 
ceed six  weeks  in  any  six  months'  period,  forty  eight  hours  in  one 
Aveek  shall  be  permissible  providing  one  and  one-half  times  the 
normal  rate  of  pay  shall  be  paid  for  all  time  in  excess  of  eight 
hours  per  day  and  forty  hours  per  week.  Those  emploj^ed  in  man- 
agerial, executive,  or  supervisory  capacity  who  regularly  receive 
thirty-five  dollars  or  more  per  week  and  traveling  salesmen  are 
excepted  from  this  provision. 

Employees  engaged  in  em,ergency  maintenance  or  emergency  re- 
pair work  involving  breakdowns  or  the  protection  of  life  or  prop- 
erty are  excepted  provided,  however,  that  one  and  one-half  tim-es 
the  normal  rate  of  pay  shall  be  paid  for  all  time  in  excess  of  eight 
hours  per  day  and  forty  hou.rs  per  week.  Shipping  clerks  and  out- 
side deliveiymen  are  excepted  and  may  be  permitted  to  work  forty- 
five  hours  per  week  except  that  during  not  to  exceed  six  weeks  in 
any  six  months'  period,  forty -eight  hours  in  one  week  shall  be  per- 
missible providing  one  and  one-half  times  the  normal  rate  of  pay 
shall  be  paid  foi-  all  time  in  excess  of  eight  hours  per  day  and  forty 
hours  per  week.  AVatchmen  are  excepted  and  may  be  })ermitted  to 
work  fifty-six  hours  per  week.  No  employer  .shall  knowingly  j)er' 
mit  any  employee  to  work  for  any  time  which,  when  totaled  with 
that  already  performed  with  another  em])loyer  or  employers,  exceeds 
the  maxima  permitted  herein.  No  employee  shall  be  permitted  to 
work  more  than  six  days  in  any  seven  day  period. 

(32) 


33 

ECONOMIC  EFFECTS  OF  THE  CODE 

The  economic  welfare  of  tliis  industry  largel}'^  depends  on  the 
revival  of  capital  investment^  partly  on  revival  of  construction  ac- 
tivity. Industrial  Oil  Burning  Equipment  is  used  in  generating 
heat  and/or  power  for  steamships,  power-plants,  locomotives,  dis- 
tilleries, breweries,  industrial  plants,  etc.  The  Unit  Equipment  de- 
fined is  used  in  various  types  of  construction  activity  and  in  the  arts 
and  industry. 

Annual  dollar  sales  have  decreased  about  twenty  percent  from 
1928  to  W.VA.  Invested  capital  has  decreased  about  eight  percent 
during  the  same  period.  The  number  of  wage  earners  emploj^ed 
by  this  industry  decreased  about  eight  percent  during  the  same 
period,  an  increase  having  been  made  from  1932  Ioav  of  about  two 
percent  the  latter  part  of  1933.  It  is  estimated  that  the  industry 
employed  440  wage  earners  in  1928. 

No  large  further  increase  in  employment  is  anticipated  under 
the  maximum  hourly  provision  of  the  Code  as,  although  tliere  was 
an  increase  in  employment  under  the  President's  Reemployment 
Agreement,  the  industry  is  not  working  in  excess  of  the  maximum 
hours  specified.  Trade  practice  provisions  of  the  Code  are  expected 
to  remedy  many  of  the  evils  that  have  been  prevalent  in  the  past 
within  this  industry. 

The  Deputy  Administrator,  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth  and  on  the  basis  of  all  the  pro- 
ceedings in  this  matter : 

I  find  that : 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  wdiich  tend  to  diminish  the  amount  thereof  and  will  pi*o- 
vide  for  the  general  welfare  by  promoting  the  organization  of  indus- 
try for  the  purpose  of  cooperative  action  among  trade  groups,  by 
inducing  and  maintaining  united  action  of  labor  and  management 
under  adequate  governmental  sanctions  and  supervision,  by  eliminat- 
ing unfair  competitive  practices,  by  promoting  the  fullest  possible 
utilization  of  the  present  productive  capacity  of  industries,  by  avoid- 
ing undue  restriction  of  production  (except  as  may  be  temporarily 
required),  by  increasing  the  consumption  of  industrial  and  agricul- 
tural products  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
by  otherwise  reliabilitating  industry. 

(b)  The  Code  as  approved  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  asso- 
ciation is  an  industrial  association  truly  representative  of  the  afore- 
said Industry;  and  that  said  association  imposes  no  inequitable  re- 
strictions on  admission  to  membership  therein. 

(c)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(d)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 


34 

(e)  Those  engagfed  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  rit>ht  to  be  hoard  prior  to  approval  of  said 
Code. 

For  these  rejisons,  therefore,  I  have  approved  this  Code. 
Respectfully, 

Hugh  S.  Johnson, 

Admdnistrator. 
July  30,  193-1. 


CODE  OF  FAIR  COMPETITION  FOR  THE  INDUS- 
TRIAL OIL  BURNING  EQUIPMENT  MANUFACTURING 
INDUSTRY 

AuTiCLE  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  Natiojial  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Code  of 
Fair  Competition  for  the  Industrial  Oil  Burning  Equipment  Man- 
ufacturing Industry,  and  shall  be  the  standard  of  fair  competition 
for  such  industry  and  shall  be  binding  upon  every  member  thereof. 

Article  II — Definitio>s 

Section  1.  The  term  "  Industrial  Oil  Burning  Equipment  Manu^ 
facturing  Industry "  as  used  herein  includes  the  manufacturing, 
selling,  and/or  furnishing  of  "  manufacturer-installation-service 
or  •'  manufacturer-installation-engineering  and/or  supervisory-serv- 
ice "  of,  oil  burners  and/or  oil  burning  equipment  including  acces- 
sories which  are  not  for  general  purpose  and/or  use  but  which  are 
essential  to  their  operation,  either  fixed  or  portable,  and/or  of  the 
vaporizing,  steam,  air,  gas  or  mechanical  atomizing  type,  designed 
primarily  for : 

(a)  Generating  heat  or  power  for  naval  vessels,  merchant-marine 
vessels  and  yachts,  stationary  power  plants,  railroad  locomotive^ 
when  manufactured,  sold  and/or  furnished,  by  others  than  manu- 
facturers of  locomotives,  oil  refineries,  sugar  refineries,  distilleries, 
breweries,  and  other  similar  purposes. 

(b)  For  heat  application  and/or  processing  in  the  arts  and  in- 
dustries and/or  for  use  either  in  production  or  repair  processes  in- 
cluding fire  pot-s,  blow  torches,  portable  torches,  melting  furnaces, 
tar  kettles,  concrete  heaters,  salamanders,  brazing  and  rivet  forges, 
asphalt  tool  heaters  and  surface  heaters,  wood  burners,  steamers, 
soldering-iron  heaters,  and  other  similar  devices. 

(c)  For  all  other  purposes  exclusive  of  heating  by  means  of  units 
designed  primarily  as,  and  generally  known  as,  domestic  oil  burners 
and  exclusive  of  burners  designed  primarily  for  lighting  and  cook- 
ing, together  with  auxiliary  control  and  equipment;  exclusive  of 
all  burners,  built  in  and  forming  integral  parts  of  furnaces  or 
boilers  and  sold  as  a  component  part  thereof  and  the  replacement 
or  repair  or  servicing  of  same  by  the  manufacturer  of  such  unit 
equipment;  and  such  branches  or  subdivisions  of  this  industry  as 
may  from  time  to  time  be  included  under  the  provisions  of  this  Code. 

Section  2.  The  term  "  employee  "  as  used  herein  includes  anyone 
engaged  in  the  industry  in  any  capacity  receiving  compensation  for 
his  services,  irrespective  of  the  nature  or  method  of  payment  of  such 
compensation. 

(35) 


3G 

Section  3.  The  term  '*  employer "'  as  used  herein  inchules  anj'one 
by  whom  any  such  emploj'ee  is  compensated  or  employed. 

Sectiox  4.'  The  term  "'member  of  the  industry  "  includes  anyone 
enga<;ed  in  the  industry  as  above  defined,  either  as  an  employer  or 
on  his  own  behalf. 

Sectiox  5.  Tiie  term  "Association  "  as  used  herein  shall  mean  the 
Industrial  Oil  liiirnin<i-  Equipment  Association. 

Sectiox  G.  The  terms  ■'  President '', ''  Act  ",  and  ''  Administrator  " 
as  used  herein  shall  mean  respectively  the  President  of  the  United 
States,  Title  I  of  the  National  Industrial  liecovery  Act,  and  tho 
Administrator  for  Industrial  Recovery. 

Article  III — Hours 

Sectiox  1.  Xo  employee  shall  be  permitted  to  work  in  excess  of 
forty  (40)  liours  in  any  one  week  or  ei<2'ht  (8)  hours  in  any  one  day 
except  for  six  (G)  weeks  in  a  six  (G)  months  period  Avhen  employees 
may  be  permitted  to  work  not  more  than  forty-eight  (48)  hours  per 
week  provided  they  are  compensated  by  at  least  one  and  one-half 
(fi/^)  times  their  normal  rates  of  pay  for  all  hours  in  excess  of  forty 
(40)  per  week  or  eight  (8)  per  day. 

Sectiox  2.  The  provisions  of  Section  1  shall  not  apply  to  the 
following : 

(a)  Persoiis  employed  in  a  managerial,  executive,  or  supervisory 
capacity  who  regularly  receive  thirty-five  dollars  ($35.00)  per  w^eek 
or  more. 

(b)  Traveling  salesmen. 

(c)  Employees  engaged  in  emergency  maintenance  or  emergency 
repair  work  involving  breakdowns  or  the  i^rotection  of  life  or  prop- 
erty; provided,  however,  that  any  employee  working  in  excess  of 
forty  (40)  hours  per  week  or  eight  (8)  hours  per  day  shall  be 
compensated  by  at  least  one  and  one-half  (1^/^)  times  his  normal 
rates  for  all  such  excess  hours. 

(d)  Shipping  clerks  and  outside  deliverymen,  who  may  be  per- 
mitted to  work  forty-five  (45)  hours  per  week,  except  that  during 
any  six  (G)  weeks  in  an}'  six  (G)  months  period  they  may  be  per- 
mitted to  work  fort3'-eight  (48)  hours  per  Aveek.  One  and  one-half 
(1%)  times  the  normal  rate  of  pay  shall  bo  paid  persons  embraced 
in  this  subsection  (d)  for  hours  worked  in  excess  of  eight  (8)  hours 
l)er  day  and  forty  (40)  hours  per  week. 

(c)  Watchmen,  who  may  be  permitted  to  work  not  in  excess  of 
fiftj'-six  (5G)  hours  in  any  one  week. 

SiX'Tiox'  3.  Xo  emj)l()yer  shall  permit  any  emplo3'ee  to  work  for 
any  time  which  when  combined  v\-ith  that  performed  for  another 
employer  or  employers  in  this  or  any  industry  exceeds  the  maximum 
permitted  herein. 

Sectiox'  4.  No  employee  shall  be  permitted  to  work  in  excess  of 
six  (G)  diiYH  in  any  seven  (7)  day  period. 

AiriTci.K  IV — Wages 

Sectiox  1.  (a)  The  minimum  wage  that  shall  be  paid  by  any 
emplo3'er  to  any  emidojee  shall  be  forty  cents  (40^)  per  hour, 
except  as  follows : 


37 

(b)  A  person  whose  earning  capacity  is  limited  because  of  age  or- 
physical  or  mental  handicap  may  be  employed  on  light  work  at  a 
wage  below  the  minimnm  established  by  this  Code  if  the  employer 
obtains  from  the  State  authority  designated  by  the  United  States 
Department  of  Labor  a  certiiicate  authorizing  his  emploj^ment  at 
such  wages  and  for  such  hours  as  shall  be  stated  in  the  certificate. 
Each  employer  shall  file  monthly  with  the  Code  Authority  a  list 
of  all  such  persons  employed  b}^  him,  showing  the  wages  paid  to, 
and  the  maximum  hours  of  work  for,  sucli  employee. 

(c)  No  clerical  or  office  employee  shall  be  paid  in  any  pay  period 
less  than  at  the  rate  of  $15.00  per  week;  provided,  however,  that 
office  boys  and  girls  may  be  paid  not  less  than  80%  oi  such  minimum 
wage,  but  the  total  number  of  such  office  boys  or  girls  shall  not 
exceed  in  any  calendar  month  5%  of  the  total  number  of  all  em- 
ployees covered  by  the  provisions  of  this  paragraph  except  that  any 
employer  may  employ  at  least  two  such  persons  as  above  provided ; 
and  provided  further,  that  where  a  State  law  provides  a  higher 
minimum  wage,  no  person  shall  be  paid  a  lower  wage  than  "that 
required  by  such  law  within  that  State. 

Section  2.  The  wage  differentials  for  all  operations  above  the 
minimum  shall  be  equitably  readjusted  (unless  such  readjustment 
has  been  made  theretofore)  and  in  no  case  shall  hourly  or  piecework 
wages  be  decreased.  No  unfair  advantage  shall  be  taken  of  any 
employee  in  making  this  Code  effective.  Each  member  of  the  in- 
dustry shall  report  all  such  readjustments  to  the  Code  Authority 
within  thirty  (30)  days  after  the  effective  date. 

Section  3.  No  employer  shall  contract  for  the  fabrication  and/or 
erection  of  any  product  of  this  Industry  with  any  employer  or  em- 
ployee, except  when  such  employer  or  emploj^ee  agrees  to  comply 
with  labor  provisions  at  least  as  favorable  as  those  contained  in  this 
Code. 

Article  V — General  Labor  and  Other  Ppovisions 

Section  1.  No  person  under  the  age  of  sixteen  (16)  3-ears  shall 
be  employed  by  any  member  of  the  Industry,  and  no  person  under 
the  age  of  eighteen  (18)  years  shall  be  employed  in  any  hazardous 
occupation.  The  Code  Authority  shall,  within  six  months  after  the 
effective  date  of  this  Code,  submit  to  the  Administrator  for  approval 
a  list  of  such  hazardous  occupations.  In  any  state  an  emploj^er  shall 
be  deemed  to  have  complied  with  this  provision  if  he  shall  have  on 
file  a  certificate  or  permit  duly  issued  by  the  authority  in  such  state 
empowered  to  issue  such  employment  or  age  certificates,  showing 
the  employee  is  of  the  required  age. 

Section  2.  No  employer  shall  reclassify  employees  or  duties  of 
occupations  performed  or  engage  in  any  other  subterfuge  so  as  to 
defeat  the  provisions  of  the  Act  or  of  this  Code. 

Section  3.  Every  employer  shall  provide  for  the  safety  and 
health  of  emploj^ces  during  the  hours  and  at  the  places  of  their 
employment.  Standards  for  safety  and  health  shall  be  submitted  by 
the  Code  Authority  to  the  Administrator  for  approval  within  six 
(G)  months  after  the  effective  date  of  the  Code. 

Section  4.  No  provision  in  this  Code  shall  supersede  any  State 
or  Federal  law  which  imposes  on  employers  more  stringent  require- 

77109" 829-170 34— — 2 


38 

ments  as  to  age  of  employer,  wages,  hours  of  work,  or  as  to  safety, 
health,  sanitary  or  general  working  conditions,  or  insurance,  or  fire 
protection,  than  are  unposed  by  this  Code. 

Section  5.  All  employers  shall  post  and  keep  posted  copies  of  this 
Code  in  conspicuous  places  accessible  to  all  employees.  Every  mem- 
ber of  the  Industry  shall  comply  with  all  rules  and  regulations 
relative  to  the  posting  of  provisions  of  Codes  of  Fair  Competition 
which  may  from  time  to  time  be  prescribed  by  the  Administrator. 

Section  6.  No  employee  shall  be  discharged,  demoted,  or  otherwise 
discriminated  against  by  reason  of  making  a  complaint  or  giving 
evidence  with  respect  to  an  alleged  violation  of  this  Code. 

Sectiox  7.  No  emploj^ee  now  engaged  at  a  wage  above  the  mini- 
mum shall  be  discharged  and  re-employed,  or  replaced  by  another, 
at  a  lower  rate  for  the  purpose  of  evading  the  purposes  of  the  Act 
or  the  provisions  of  this  Code. 

Section  8.  Employees  sluill  have  the  right  to  organize  and  bar- 
gain collectively  through  representatives  of  their  own  choosing  and 
shall  be  free  from  the  interference,  restraint,  or  coercion  or  em- 
ployers of  labor,  or  their  agents,  in  the  designation  of  such  repre- 
sentatives, or  in  self  organization,  or  in  other  concerted  activities 
for  the  purpose  of  collective  bargaining  or  other  mutual  aid  or 
protection. 

Section  9.  No  employee  and  no  one  seeking  employment  shall 
be  recjuired  as  a  condition  of  employment  to  join  an}'  company  union 
or  to  refrain  from  joining,  organizing,  or  assisting  a  labor  organiza- 
tion of  his  own  choosing. 

Section  10.  Employers  shall  comply  with  the  maximum  hours  of 
labor,  minimum  rates  of  pay,  and  other  conditions  of  employment 
approved  or  prescribed  by  the  President. 

Article  VI — Administration 

Section  1.  To  further  effectuate  the  policies  of  the  Act,  a  Code 
Authorit}^  is  hereby  set  up  to  cooperate  with  the  Administrator  in 
the  administration  of  this  Code. 

(a)  The  Code  Authority  shall  consist  of  five  individuals  elected, 
as  hereinafter  provided,  by  the  members  of  the  Industry  who  are 
eligible  under  sub-section  (f)  of  Section  1  of  this  Article  VI.  The 
Administrator,  in  addition,  may  appoint  not  more  than  three  mem- 
bers without  vote  and  without  expense  to  the  Industry  to  serve  for 
such  term  or  terms  as  he  may  specify. 

(b)  The  Association  is  hereby  designated  as  the  agency  to  con- 
duct the  election  of  the  Code  Authority.  It  shall,  within  ten  days 
after  the  approval  of  this  Code,  call  a  meeting  of  the  members 
of  the  Industry  for  this  purpose  to  be  held  within  fifteen  days  after 
the  date  of  such  notice.  Notice  of  the  time  and  place  of  such  In- 
dustry Meeting  shall  be  sent  by  mail,  at  least  ten  days  in  advance 
of  such  meeting,  to  all  members  of  the  Industry  whose  names  can 
be  ascertained  by  reasonable  inquiry.  Persons,  in  order  to  be  eligible 
for  election  to  the  Code  Authority,  shall  be  affiliated  with  some 
member  of  the  Industry  and  no  member  of  the  Industry  shall  have 
more  than  one  representative  on  the  Code  Authority.  Each  member 
of  the  Industr}^  shall  liave  one  vote  and  votes  may  be  cast  in  person, 
by  proxy  or  by  letter  ballot. 


39 

(c)  Pending  the  election  of  the  Code  Authority,  in  the  manner 
hereinabove  prescribed,  the  Executive  Committee  of  the  Association 
shall  serve  as  a  temporary  Code  Authority. 

(d)  Each  trade  or  industrial  association  directly  or  indirectly 
participating  in  the  selection  or  activities  of  the  Code  Authority  shall 
(1)  impose  no  inequitable  restrictions  on  membership,  and  (2)  sub- 
mit to  the  Administrator  true  copies  of  its  articles  of  association, 
by-laws,  regulations,  and  any  amendments  when  made  thereto,  to- 
gether with  such  other  information  as  to  membership,  organization, 
and  activities  as  the  Administrator  may  deem  necessary  to  ellectuate 
the  purposes  of  the  Act. 

(e)  It  being  found  necessary  in  order  to  suport  the  administration 
of  this  code  and  to  maintain  the  standards  of  fair  competition  estab- 
lished hereunder  and  to  effectuate  the  policy  of  the  Act,  the  Code 
Authority  is  authorized : 

1.  To  incur  such  reasonable  obligations  as  are  necessary  and  proper 
for  the  foregoing  purposes,  and  to  meet  such  obligations  out  of  funds 
which  may  be  raised  as  hereinafter  provided  and  which  shall  be  held 
in  trust  for  the  purposes  of  the  Code; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  the 
industry. 

3.  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  m.embers  of  the  industry,  and 
to  that  end,  if  necessar}^,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

(f)  Each  member  of  the  industry  shall  pay  his  or  its  equitablo 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contributions,  shall  be  entitled 
to  participate  in  the  selection  of  members  of  the  Code  Authority 
or  to  receive  the  benefits  of  any  of  its  voluntary  activities  or  to 
make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

(g)  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator 
shall  have  so  approved. 

Sectiox  2.  In  order  that  the  Code  Authority  shall  at  all  times  be 
truly  representative  of  the  Industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  prescribe 
such  hearings  as  he  may  deem  proper,  and  thereafter  if  he  shall  find 
that  the  Code  Authority  is  not  truly  representative  of  the  Industry 
or  does  not  in  other  respects  comply  with  the  provisions  of  the  Act, 


40 

"he  may  require  an  appropriate  modification  in  the  method  of  selection 
of  the  Code  Aiithorit3\ 

Section  3.  The  Code  Authoritj'',  when  elected  in  the  manner 
prescribed  b}'  subsections  (a)  and  (b),  of  section  1  of  this  Article 
VI  may  incorporate  under  the  laws  of  any  State  of  the  United 
States  or  of  the  District  of  Columbia,  such  corporation  to  be  not  for 
profit  and  to  be  known  as  "  the  Code  Authority  of  the  Industrial 
Oil-Burning  Equipment  oManufacturing  Industry";  provided  that 
the  powers,  duties,  objects  and  purposes  of  the  said  corporation,  shall, 
to  the  satisfaction  of  the  Administrator,  be  limited  to  the  powers, 
duties,  objects  and  purposes  of  the  Code  Authorit}'^  as  provided  in 
this  Code;  provided  further,  that  the  Code  Authority  shall  submit 
to  the  Administrator,  for  his  approval,  its  proposed  Certificate  of 
Incorporation  and  proposed  by-laws,  and  no  amendment  of  either 
shall  be  made  without  the  like  prior  approval  of  the  Adndnistrator. 
If  at  any  time,  the  Administrator  shall  determine  that  the  corporate 
status  assumed  by  the  Code  Authority  is  interfering  with  the  proper 
exercise  of  its  powers  and  duties  under  this  Code,  or  with  the 
ell'ectuation  of  the  policies  or  purposes  of  the  Act,  he  may,  after 
such  notice  and  hearing  as  he  may  deem  necessary,  require  an  appro- 
priate modification  of  the  structure  of  the  Corporation  (if  consistent 
with  the  law  of  the  State  of  Incorporation),  the  substitution  of  a 
corporation  created  under  the  laws  of  another  State  in  the  same 
manner  as  the  existing  Code  Authority,  the  substitution  of  a  non- 
corporate Code  Authority  truly  representative  of  the  Industry  or 
such  other  actions  as  he  may  deem  expedient. 

Seci-iox  4.  The  Code  Authority  shall  have  the  following  duties 
and  powers  to  the  extent  permitted  by  the  Act  and  subject  to  review 
by  the  Administrator : 

(a)  To  obtain  from  members  of  the  industry  such  information 
find  reports  as  are  required  for  the  administration  of  the  Code.  In 
addition  to  information  required  to  be  submitted  to  the  Code  Au- 
thority, members  of  the  industry  subject  to  this  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act  to  such 
Federal  and  State  agencies  as  he  ma}'^  designate;  provided  that 
nothing  in  this  Code  shall  relieve  an}'^  member  of  the  industry  of 
any  cxsting  obigations  to  furnish  reports  to  any  Governmental 
agenc}'.  No  individual  report  shall  be  disclosed  to  any  other  member 
of  the  industry  or  any  other  party  except  to  such  otlicr  Govern- 
mental agencies  as  may  be  directed  by  the  Administrator. 

(b)  To  represent  the  Industry  in  conferring  with  the  President 
or  his  agents  with  respect  to  tlie  administration  of  this  Code  and 
with  respect  to  the  Act  and  any  regulations  issued  thereunder. 

(c)  To  insure  the  execution  of  the  provisions  of  this  Code  and 
to  provide  for  the  compliance  of  the  industry  with  the  provisions 
of  the  Act. 

(d)  To  adopt  by-laws  and  rules  and  regidations  for  its  procedure. 

(e)  To  study  the  trade-practice  provisions  and  the  operation 
thereof,  and  make  such  recommendation  from  time  to  time  to  the 
Administrator  as  it  deems  dci^irable  for  modification  of  or  addition 
thereto  which,  upon  the  approval  of  the  President,  after  such  hearing 
as  he  may  ])rescribe,  shall  become  a  x)art  of  this  Code  and  have  full 

'force  and  effect  as  provisions  hereof. 


41 

(f)  If  the  Administrator  shall  at  any  time  determine  that  any 
action  of  a  Code  Authority  or  any  agency  thereof  ma}'  be  unfair 
or  unjust  or  contrai'v  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  further  consideration 
b}'  such  Code  Authority  or  agenc}^  pending  final  action  which  shall 
not  be  effectiA'e  unless  the  Administrator  approves  or  unless  he  shall 
fail  to  disapprove  after  thirty  (30)  d.ys'  notice  to  him  of  intention 
to  proceed  with  such  action  in  its  original  or  modified  form. 

Article  VIII — Trade  Pkactices 

The  following  are  declared  unfair  trade  practices  and  in  violation 
of  this  Code : 

Sectiox  1.  Imitation  of  any  trade  mark,  trade  name,  package, 
brand,  model  numbers  v\'ith  or  Avithout  letters,  code  names,  descrip- 
tions, catalogs,  cuts  or  labels  of  a  competitor  with  the  intent  or  hav- 
ing the  effect  of  deceiving  purchasers. 

Section  2.  Appropriating  or  attempting  to  appropriate  ideas, 
sketches,  designs  or  drawings,  originated  and  owned  by  another 
member  in  the  Industry,  without  the  owner's  consent,  with  the  in- 
tent or  having  the  effect  of  confusing,  misleading  or  deceiving  pur- 
chasers in  reference  to  the  origin  of  the  products. 

Section  3.  The  false  marking,  branding,  or  rating  of  any  product 
of  the  Industry  which  has  the  tendency  to  mislead  or  deceive  cus- 
tomers or  prospective  customers,  whether  as  to  the  grade,  quality, 
quantit3%  substance,  character,  nature,  origin,  size,  rating,  capacity, 
hnish,  or  preparation  of  any  product  of  the  Industry,  or  otherwise. 

Section  4.  No  member  of  the  industry  shall  defame  a  competitor 
by  falsely  imputing  to  him  dishonorable  conduct,  inability  to  per- 
form contracts,  questionable  credit  standing,  or  by  other  false  rep- 
resentation, or  by  falsely  disparaging  the  grade  or  quality  of  his 
goods. 

Section  5.  No  member  of  the  industry  shall  give,  permit  to  be 
given  or  offer  to  give,  anything  of  value  for  the  purpose  of  influ- 
encing or  rewarding  the  action  of  any  employee,  agent,  or  represen- 
tative of  another  in  relation  to  the  business  of  the  employer  of  such 
employee,  the  principal  of  such  agent  or  the  represented  party, 
without  the  knowledge  of  such  employer,  principal  or  party.  This 
provision  shall  not  be  construed  to  prohibit  fre-e  and  general  distri- 
bution of  articles  commonly  used  for  advertising  except  so  far  as 
such  articles  are  actually  used  for  commercial  bribery  as  herein- 
above defined. 

Section  6.  Inducing  or  attempting  to  induce  or  being  a  party  t-o 
the  breach  of  an  existing  oral  or  written  contract  between  a  com- 
petitor and  his  customer  or  source  of  supply,  or  interfering  with  or 
obstructing  the  performance  of  any  such  contractual  duties  or 
services. 

Section  T.  No  member  of  the  industry  shall  offer  or  make  any 
secret  payment  or  secret  allowance  of  a  rebate,  refund,  commission 
credit,  unearned  discount  or  excess  allowance,  whether  in  the  form  of 
money  or  otherwise,  nor  shall  a  member  of  the  industr}'  secretly 
offer  or  extend  to  any  customer  any  special  service  or  privilege  not 


42 

extonrled  to  all  customers  of  the  same  class,  for  the  purpose  of 
infiuencinir  a  sale. 

The  settlement  of  old  accounts  for  less  than  the  full  anunnit  as  a 
consideration  for  accepting;  a  proj^osal  is  prohibited  under  the 
meanini;  of  the  above  clause. 

Skctiox  8.  (a)  The  use  of  premiums  in  waj's  which  involve  com- 
mercial briberj'  in  any  form. 

(b)  The  use  of  premiums  in  ways  which  involve  lottery  in  any 
form.  The  term  "lottery  "  shall  be  construed  to  include,  but  Avithout 
limitation,  any  plan  or  arrangement  whereby  the  ju'emium  offered 
differs  substantially  in  value  from  customer  to  customer  of  the  same 
class,  except  as  a  result  of  differences  in  quantities  purchased. 

(c)  The  use  c)f  premiums  in  ways  which  involve  misrepresentation, 
or  fraud,  or  deception  in  any  form,  includino;,  but  without  limita- 
tion, the  use  of  the  word  "  free  ",  "  gift ",  ''  gratuity  *\  or  language 
of  similar  import  in  connection  with  the  giving  of  premiums  for 
the  purpose  or  with  the  effect  of  misleading  or  deceiving  customers. 

(d)  The  giving  of  jjremiums  to  any  customers  when  such  pre- 
miums are  not  offered  to  all  customers  of  the  same  class  in  the  trade 
area. 

Section  9.  The  i)ublishing  or  circularizing  of  threats  of  suits  for 
infringement  of  patents  or  trade  marks  or  of  any  other  legal  pro- 
ceedings not  in  good  faith,  with  a  tendency  or  effect  of  harassing 
competitors  or  intimidating  their  customers. 

Section  10.  Securing  confidential  information  concerning  the 
business  of  a  competitor  by  a  false  or  misleading  statement  or  repre- 
sentation or  by  a  false  impersonation  of  one  in  authorit}^  or  by 
bribery  or  by  any  other  unfair  method. 

Section  11.  No  member  of  this  Industry  shall  sell  any  combina- 
tion of  products,  except  repair  and  replacement  parts,  manufactured 
by  him,  or  by  any  owned  or  controlled  subsidiary,  at  a  price  less 
than  the  sum  of  his  established  selling  prices  for  all  items  included 
in  such  combination. 

Section  12.  Xo  member  of  the  Industry  shall  change  any  quota- 
tion submitted,  or  accept  an  order  at  a  price  below  the  quoted  price 
unless  a  change  is  made  in  the  specifications,  and,  in  the  event  of 
such  cliange  in  any  specifications,  the  price  and  terms  of  the  new 
quotation  shall  be  determined  in  the  same  manner  as  in  the  original 
(piotation. 

Section  13.  The  sale  or  offer  of  sale  of  any  goods  under  any  form 
of  guarantee  to  the  purchaser  against  either  an  advance  or  decline  in 
the  price  of  sucli  goods. 

Section  14.  Xo  member  of  the  Industry  shall  withhold  from  or 
insert  in  any  quotation  or  invoice  an}'  statement  that  makes  it  inac- 
curate in  any  material  particular. 

Section  15.  No  member  of  the  industry  shall  require  that  the 
))urchase  or  lease  of  any  products  of  the  Industry  be  a  prerequisite 
to  the  purchase  or  lease  of  any  other  goods. 

Section  16.  No  member  of  the  Industry  shall  furnish  or  offer  to 
furnish  any  shop  detail  drawings  to  a  })urchaser  or  a  prospective 
purchaser  other  than  those  essential  to  the  prosecution  of  the  work 
covered  by  a  contract. 


43 

Section  lY.  No  member  of  the  Industry  shall  sell  his  product  sub- 
ject to  a  warranty  more  favorable  to  the  purchaser  than  the 
following : 

(a)  No  warranty  to  furnish  })arts  to  replace  defective  material  or 
workmanship  shall  extend  beyond  one  (1)  year  from  date  of  ship- 
ment or  installation  as  may  be  agreed  upon. 

(b)  Replacement  of  defective  material  shall  be  f.o.b.  point  of 
shipment  subj^-ct  to  manufacturer's  inspection. 

(c)  Foreign  component  part  e(|uipment  warranty  shall  be  limited 
to  the  warranty  of  its  manufacturer. 

Section  18.  No  member  of  the  Industry  shall  nuike  a  guarantee 
of  maintenance  because  of  the  impossibility  of  defining  and  main- 
taining the  co.iditions  under  which  such  a  guarantee  can  honestly 
be  made. 

Section  19.  No  member  of  the  Industry  shall  accept  a  contract 
containing  a  j^enalty  clause  either  for  performance  of  the  apparatus 
sold  or  for  time  of  delivery,  unless  the  contract  shall  also  contain 
a  clause  providing  a  bonus  to  the  contractor  at  the  same  rate  as  the 
rate  of  penalty,  except  in  cases  where  Federal,  State,  or  Municipal 
laws  necessitate  otherwise. 

Section  20,  No  member  of  the  Industry  shall  accept  a  contract 
containing  a  clause  providing  for  liquidated  damages  except  where 
Federal,  State,  or  Municipal  laws  so  necessitate. 

Section  21.  Where  purchaser's  specifications  include  a  bonus  clause 
for  performance,  in  excess  of  that  guaranteed,  no  member  of  the 
Industry  shall  deduct  from  the  price  any  bonus  or  portion  thereof 
which  he  anticipates  will  be  earned  by  reason  of  his  obtaining  a  bet- 
ter performance  than  that  guaranteed. 

Section  22.  Where  purchaser's  specifications  include  a  penalty 
clause  for  performance,  less  than  that  guaranteed,  no  member  of  the 
Industry  shall  make  a  guarantee  in  excess  of  that  which  he  expects 
to  obtain  anticipating  the  acceptance  of  a  penalty  as  a  basis  for  re- 
ducing the  cost  to  the  purchaser. 

Section  23.  No  member  of  the  Industry  shall  make  any  guarantee 
of  performance  other  than  to  specify  the  range  in  pounds  or  gallons 
of  fuel  per  hour  and  proper  combustion  thereof  under  proper  fur- 
nace, draft,  and  other  conditions  which  may  be  specilied  by  the 
manufacturer.  No  member  of  the  Industry  shall  promise  a  higher 
guarantee  than  his  previous  experience  leads  him  to  believe  he  can 
obtain. 

Section  24.  No  member  of  the  Industry  shall  make  a  deposit  for 
the  privilege  of  receiving  plans  and  specifications  and  the  opportu- 
nity to  bid  on  a  contract  without  an  agreement  by  the  issuer  that 
such  deposit  will  be  returned  to  said  member  of  the  Industry  when 
the  contract  has  been  awarded  or  when  said  plans  and  specifications 
have  been  returned  by  said  member  to  the  issuer. 

Section  25.  No  member  of  the  Industry  shall  enter  into  a  written 
or  oral  agreement  with  any  person  that  one  or  more  clauses  of  the 
contract  or  the  specification  will  not  be  enforced,  thereby  receiving 
an  unfair  advantage  over  competitors. 

Section  2G.  No  member  of  the  Industry  shall  purchase  patents 
from  customers,  their  officers,  engineers,  or  employees,  for  the  pur- 
pose of  influencing  sales  to  such  customers. 


44 

Section  27.  No  member  of  the  Industry  shall  cause  or  permit  any 
conduct  by  any  one  of  his  employees  or  agents  wliich  would  con- 
stitute a  violation  of  this  Code. 

Article  IX — Costs  and  Price  Cutting 

Section  1.  The  standards  of  fair  competition  for  the  industry 
with  reference  to  pricing  practices  are  declared  to  be  as  follows: 

(a)  Wilfully  destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  member  of  the  industry  or  of 
any  other  industry  or  the  customers  of  either  may  at  any  time  com- 
j)hun  to  the  Code  Authority  that  any  price  at  which  products  of 
this  industry  have  been  sold  constitutes  unfair  competition  as  de- 
structive price  cutting,  imperiling  small  enterprise  or  tending  toward 
monopoly  or  the  impaii-ment  of  code  wages  and  working  conditions. 
The  Code  Authority  shall  Avithin  five  (5)  days  afford  an  opportu- 
nity to  the  member  filing  the  price  to  answer  such  complaint  and 
shall  within  fourteen  (14)  days  make  a  ruling  or  adjustment  thereon. 
If  such  ruling  is  not  concurred  in  by  either  party  to  the  complaint, 
all  papers  shall  be  referred  to  the  liesearch  and  Planning  Division 
of  X.  R.  A.  which  shall  render  a  report  and  recommendation  thereon 
to  the  Administrator. 

(b)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  policies. 

(c)  When  an  emergency  exists  as  to  any  given  i)roduct,  sale 
below  the  stated  minimum  price  of  such  product,  in  violation  of 
Section  2  hereof,  is  forbidden. 

Section  2.  Emergency  Provmons. —  (a)  If  the  Administrator, 
after  investigation  shall  at  any  time  find  both  (1)  that  an  emergency 
has  arisen  within  the  industry  adversely  affecting  small  enterprises 
or  wages  or  labor  conditions,  or  tending  toward  monopoly  or  other 
acute  conditions  which  tend  to  defeat  the  purposes  of  the  Act;  and 
(2)  that  the  determination  of  the  stated  minimum  price  for  a  spec- 
ified product  within  the  industry  for  a  period  is  necessary  to  mitigate 
the  conditions  ccmstituting  such  emergency  and  to  effectuate  the  pur- 
poses of  the  Act,  the  Code  Authority  may  cause  an  impartial  agency 
to  investigate  costs  and  to  recommend  to  the  Administrator  a  deter- 
mination of  the  stated  minimum  price  of  the  product  affected  by 
the  emergency  and  thereujK)n  the  Administrator  may  proceed  to 
determine  such  stated  mininumi  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  National  In- 
dustrial Recovery  Act,  he  shall  publish  such  price.  Thereafter,  dur- 
ing such  stated  period,  no  member  of  the  industry  shall  sell  such 
specified  products  at  a  net  realized  price  below  said  stated  minimum 
price  and  any  such  sale  shall  be  deemed  destructive  price  cutting. 
From  time  to  time,  the  Code  Authority  may  recommend  review  or 
reconsideration  or  the  Administrator  may  cause  any  determinations 
hereunder  to  be  reviewed  or  reconsidered  and  appropriate  action 
taken. 


45 

Section  2.  Cost  Finding. — The  Code  Authority  shall  cause  to  be 
formulated  methods  of  cost  finding-  and  accounting  ca])able  of  use 
by  all  members  of  the  industry,  and  shall  submit  such  methods  to 
the  Administrator  for  review.  If  approved  by  the  Administrator, 
full  information  concerning  such  methods  shall  be  made  available 
to  all  members  of  the  industry.  Thereafter,  each  member  of  the 
industry  shall  utilize  such  methods  to  the  extent  found  practicable. 
Nothing  herein  contained  shall  be  construed  to  permit  the  Code  Au- 
thority, any  agent  thereof,  or  any  member  of  the  industry  to  sug- 
gest uniform  additions,  percentages  or  differentials  or  other  uniform 
items  of  cost  which  are  designed  to  bring  about  arbitrary  uniformity 
of  costs  or  prices. 

Article  X — jModificatiox 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel  or  modify  any  order,  approval,  license,  rule,  or  regula- 
tion issued  under  Title  I  of  said  Act  and  specifically,  but  without 
limitation,  to  the  right  of  the  President  to  cancel  or  modify  his  a])- 
proval  of  this  Code  or  any  condition  imposed  by  him  upon  his 
approval  thereof. 

Section  2.  Such  of  the  provisions  of  this  Code  as  are  not  required 
to  be  included  herein  by  the  xict  may,  with  the  approval  of  the  Ad- 
ministrator, be  modified  or  eliminated  in  such  manner  as  may  be 
indicated  bj^  the  needs  of  the  public,  by  changes  in  circumstances,  or 
by  experience.  All  the  provisions  of  this  Code,  unless  so  modified  or 
eliminated,  shall  remain  in  effect  until  June  16,  1935.  The  Code 
Authority  may  make  recommendations  for  modifications. 

Article  XI— Monopolies,   Etc. 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  monop- 
olies or  monopolistic  practices,  or  to  eliminate,  oppress,  or  discrimi- 
nate against  small  enterprises. 

Article  XII — Effecti\tg  Date 

This  Code  shall  become  effective  on  the  tenth  (10th)  day  after  its 
approval  b}^  the  President. 


Approved  Code  No.  493. 
Registry  No.  1125-04. 


O 


Approved  Code  No.  494 
CODE  OF  FAIR  COMPETITION 

FOR   THE 

MERCHANT  AND  CUSTOM  TAILORING  INDUSTRY 

As  Approved  on  July  31, 1934 


ORDER 


Code  of  Fair  Competition  for  the  Merchant  and  Custom 
Tailoring  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Code 
of  Fair  Competition  for  the  Merchant  and  Custom  Tailoring  Indus- 
try, and  hearings  having  been  duly  held  thereon  and  the  annexed 
report  on  said  Code,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise:  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  nnd  that  said  Code  complies  in  all  respects 
with  the  pertinent  provisions  and  will  promote  the  policy  and  pur- 
poses of  said  Title  of  said  Act;  and  do  hereby  order  that  said  Code 
of  Fair  Competition  be  and  it  is  hereby  approved. 

Hugh  S.  Johnson, 
Admimstraior  for  Industrial  Recovery. 

Approval  recommended: 
Robert  L.  Houston, 

Division  Administrator. 
Washington,  D.C, 

Jidy  31, 1934.. 
77098° 829-179 34 3         (47) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Emise. 

Sm:  This  is  a  report  on  the  Hearing  on  the  Code  of  Fair  Com- 
petition for  the  Merchant  and  Custom  Tailoring  Industry,  held  in 
the  Auditorium  of  the  Department  of  Commerce  Building,  on  Satur- 
day, January  27,  1934.  The  Code  which  is  attached  was  presented 
by  duly  qualified  and  authorized  representatives  of  the  Industry, 
claiming  to  represent  seventy-six  per  cent  (76%)   of  the  Industry. 

In  accordance  with  the  customary  procedure,  every  pei-son  who  had 
filed  a  request  for  an  appearance  was  freely  heard  in  public,  and  all 
statutory  and  regulatory  requirements  were  complied  with. 

THE   INDUSTRY 

The  Merchant  and  Custom  Tailoring  Industry  includes  the  making 
of  men's  outer  garments  to  the  individual  measurement  of  the  wearer ; 
all  operations  are  performed  by  hand.  The  typical  worker  in  the 
Industry  is  called  a  journeyman  tailor.  The  garments  made  in  the 
Custom  Tailoring  Industry  sell  at  a  unit  price  between  seven  and 
eight  times  as  great  as  tlie  unit  price  of  garments  made  in  the  Men's 
Clothing  Industry.  It  may  therefore  be  concluded  that  the  products 
of  the  Custom  Tailoring  Industry  are  of  superior  quality  and  work- 
manship. 

In  1829  the  Industry  contained  11,284  firms  who  employed  23,277 
workers.  In  the  year  1929  the  Industry  produced  about  1,700,000 
garments  valued  at  $139,000,000  or  about  $80.00  each. 

The  Custom  Tailoring  Industry  is  subject  to  considerable  seasonal 
variation.  Customers  buy  twice  yearly;  and  as  the  product  is 
wholly  made  to  order,  no  stock  can  be  built  up  out  of  season.  About 
half  the  volume  of  business  is  contracted  in  a  third  of  the  year. 

There  are  no  reliable  figures  available  on  the  number  of  hours 
worked  per  week  by  employees  in  this  Industry.  On  the  basis  of 
a  questionnaire  sent  out  to  473  members  of  the  Industry,  it  is  esti- 
mated that  there  has  been  a  fourteen  and  three  tenths  per  cent 
(14.3%)  increase  in  employment  due  to  the  President's  Reemploy- 
ment Agreement. 

LABOR  PROVISIONS  OF  THE  CODE 

The  Code  provides  that  no  employee  may  be  permitted  to  work  in 
excess  of  thirty-six  (3G)  hours  in  any  one  week  or  eight  (8)  hours 
in  any  twenty-four  (24)  hour  period,  except  in  an  extreme  emer- 
gency, which  emergency  shall  be  certified  m  writing  by  the  con- 
sumer at  the  time  of  sale.  One  and  one  third  (IV^)  the  normal 
rat«  shall  be  paid  for  all  extra  work  above  eight  (8)  hours  per  day. 

(48) 


49 

Student  apprentices  may  be  employed  for  five  (5)  hours  a  day  and 
twenty-five  (25)  hours  a  week. 

The  minimum  rate  of  pay  for  journeymen  tailors  shall  be  sixty- 
five  cents  (65^)  an  hour  in  an}^  city  of  over  100,000  population  or 
in  the  immediate  trade  area  thereof;  sixty  cents  (60^')  an  hour  in 
any  city  between  25,000  and  100,000  population  or  in  the  immediate 
trade  area  thereof;  and  fifty-five  cents  (550)  in  the  remainder  of 
the  United  States. 

CONSTITUTION   OF   THE   CODE   AUTHORITY 

The  IMerchant  and  Custom  Tailoring  National  Code  Authority  is 
constituted  so  that  equitable  representation  will  be  given  to  all  in- 
dustrial and  labor  groups.  The  Code  Authority  consists  of  thirteen 
(13)  voting  members  distributed  as  follows: 

Natwnal  Association  of  Mercliant  Tailors  of  America 7 

Pacific    Coast    Merchant   Tailors    Association 1 

Merchant  Tailor  Designers  Association '. 1 

Contractors 3 

Non-Association    Members 1 

Journeymen    Tailors    Union    of   America 1 

Labor  Advisory  Board , 1 1 

OTHER  PROVISIONS 

The  fair  trade  practices  are  all  the  general  provisions  suggested 
by  the  Federal  Trade  Commission  with  the  exception  of  a  provision 
which  makes  it  an  unfair  trade  practice  for  persons  not  carrjdng 
a  stock  of  woolens  or  trimmings  to  advertise  themselves  as  Merchant 
Tailors.  However,  such  persons  may  advertise  themselves  as 
Custom  Tailors. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth  and  on  the  basis  of  all  the  proceed- 
ings on  this  matter : 

I  find  that : 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  which  tend  to  diminish  the  amount  thereof  and  will  pro- 
vide for  the  general  welfare  by  promoting  the  organization  of  in- 
dustry for  the  purpose  of  cooperative  action  among  the  trade  groups, 
by  inducing  and  maintaining  united  action  of  labor  and  management 
under  adequate  governmental  sanction  and  supervisions,  by  elimi- 
nating unfair  competitive  practices,  by  promoting  the  fullest  possi- 
ble utilization  of  the  present  productive  capacity  of  industries,  by 
avoiding  undue  restriction  of  production  (except  as  may  be  tempo- 
rarily required),  by  increasing  the  consumption  of  industrial  and 
agricultural  products  through  increasing  purchasing  power,  by  re- 
ducing and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  industry. 


50 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  includinc;  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  associa- 
tions are  industrial  associations  truly  representative  of  the  aforesaid 
Industrj';  and  that  said  associations  impose  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Code. 

For  these  reasons,  this  Code  of  Fair  Competition  for  the  Merchant 
and  Custom  Tailoring  Industry  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Admvnistrator. 
July  31,  1934 


CODE   OF   FAIH   COMPETITION   FOR   THE   MERCHANT 
AND  CUSTOM  TAILORING  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Code  of 
Fair  Competition  for  the  Merchant  and  Custom  Tailoring  Industry, 
and  shall  be  the  standard  of  fair  competition  for  such  Industry  and 
shall  be  binding  upon  every  member  thereof. 

Article  II — Definitions 

Section  1.  Industry. — The  term  "Industry  "  as  used  herein  means 
the  making  of  men's  outer  garments  to  the  individual  measurements 
and  specifications  of  the  wearer  from  patterns  especially  cut  for  the 
wearer,  and  the  sale  thereof  direct  to  the  wearer  and  not  for  resale, 
which  garments  are  cut  and  designed  at  the  retail  establishment  of 
the  member  of  the  Industry  and  finished  by  workmen  whom  such 
member  of  the  Industry  controls  as  to  details  and  shaping  of  each 
garment.  Every  operation  performed  on  the  garment  shall  be 
strictly  by  hand,  except  for  such  operations  as  can  be  performed  by 
the  use  of  a  plain  sewing  machine  operated  by  man  or  electric  power. 
Pressing  may  be  done  either  by  hand  or  by  machine. 

Tlie  Industry  is  not  intended  to  include  members  of  the  Men's 
Clothing  Industry  generally  known  in  that  Industry  by  the  terms 
of  "  tailors-to-the-trade  ",  "  wholesale  tailors  ",  or  "  direct  to  the 
consumer  wholesale  tailors  ",  or  "  special  order  houses  ",  but  it  is 
intended  to  include  contractors  as  defined  in  Section  2. 

Section  2.  Contractor. — The  term  "  contractor  "  as  used  herein 
means  anyone  who  is  engaged  by  a  Merchant  or  Custom  Tailor  and 
who  supervises  work  in  his  own  establishment  for  the  purpose  of 
performing  any  of  the  manufacturing  activities  of  the  Industry. 

If  a  contractor  makes  garments  for  a  Merchant  and/or  Custom 
Tailor,  as  well  as  for  Clothing  Manufacturers,  Tailors-to-the-Trade, 
Special  Order  Houses  and/or  ^^Tiolesale  Tailors,  such  contractor 
shall  be  exempted  from  the  provisions  of  this  Code  but  only  insofar 
as  and  as  long  as  he  is  subject  to  the  Code  of  Fair  Competition  for 
the  Men's  Clothing  Industry,  provided  that  such  contractor  shall 
comply  with  the  minimum  wage  provisions  of  this  Code.  If  a  con- 
tractor works  solely  for  Merchant  and  Custom  Tailors,  he  will  be 
governed  by  this  Code. 

Section  3.  Memhers  of  the  Industry. — The  term  "  member  of  the 
Industry  "  as  used  herein  means  anyone,  without  limitation,  engaged 
in  the  Industry,  as  an  employer  or  on  his  own  behalf  or  as  a  con- 
tractor. 

Section  4.  Journeyman  Tailor. — The  term  "  journeyman  tailor  " 
as  used  herein  means  anyone  who  is  engaged  in  the  Industry  in  per- 

(51) 


52 

fonning  major  operations  in  the  making  of  garments,  including  the 
coat  maker,  waistcoat  maker,  trouser  maker,  breeches  maker,  try-on 
maker  and  bushelman. 

Section  5.  Heifer. — The  term  "  helper  "  as  used  herein  means 
anyone  engaged  in  the  Industry  in  the  performance  of  minor  oper- 
ations in  the  making  of  garments,  such  as  felling,  padding,  and  mak- 
ing buttonholes. 

Section  6.  Student  Apprentice. — The  term  "  student  apprentice  " 
as  used  herein  means  any  unskilled  person  not  heretofore  engaged  in 
the  Industry  who  has  matriculated  in  or  graduated  from  a  duly 
accredited  trade  school  for  whom  a  member  of  the  Industry  provides 
facilities  or  practical  work  in  connection  with  his  studies.  Such 
practical  training  and  instruction  shall  not  exceed  six  months  follow- 
ing graduation  from  a  trade  school,  and  there  shall  be  no  other  em- 
ployees in  this  Industry  emplo3'ed  as  apprentices. 

Section  7.  Employee. — Tlie  term  employee"  as  used  herein 
means  anyone  engaged  in  the  Industry  in  any  capacity  receiving 
compensation  for  his  services,  irrespective  of  the  nature  or  method 
of  payment  of  such  compensation,  except  a  member  of  the  Industry. 

Section  8.  Employer. — The  term  employer "  as  used  herein 
means  anyone  by  whom  any  such  employee  is  compensated  or 
employed. 

Section  9.  President.,  Act  and  the  Admmhtrator. — The  terms 
*'  President '',  "Act ",  and  "Administrator "  as  used  herein  mean 
respectively  the  President  of  the  United  States,  Title  I  of  the 
National  Industrial  Recovery  Act  and  the  Administrator  for  Indus- 
trial Recover}'. 

Section  10.  Population. — Population  for  the  purposes  of  this  Code 
shall  be  determined  by  reference  to  the  latest  Federal  Census. 

Section  11.  Trade  Area. — The  term  "trade  area"  as  used  herein 
means  any  area  designated  as  a  trade  area  by  the  Code  Authority 
and  approved  by  the  Administrator. 

Article  III — Hours  of  Employment 

Section  1.  Maximum,  hours. — No  employee  shall  be  permitted  to 
■work  in  excess  of  thirty-six  (36)  hours  in  any  one  week  or  eight 
(8)  hours  in  any  twenty-four  (24)  hour  period  except  as  herein 
otherwise  provided. 

Except  as  hereinafter  provided,  the  hours  of  labor  shall  be  between 
8  a.m.  to  12  noon  and  1  p.m.  to  5  p.m.,  and  no  Sunday  work  shall  be 
allowed. 

Section  2.  Members  of  the  Industry  shall  be  permitted  to  work 
employees  overtime  at  regular  rates  during  peak  seasons,  the  number 
of  hours  and  the  number  of  weeks  to  be  determined,  subject  to  the 
approval  of  the  Administrator,  through  an  agreement  to  be  reached 
by  a  committee  of  the  Code  Authority  appointed  for  this  purpose 
and  consisting  of  an  equal  number  of  representatives  of  industry 
and  labor. 

Section  3.  The  maximum  of  eight  (8)  hours  in  any  twenty-four 
(24)  hour  period  shall  be  permitted  to  be  exceeded  only  for  extreme 
emergency  orders,  which  emergency  shall  be  certified  in  writing  by 
the  consumer  at  the  time  of  sale ;  however,  in  all  such  cases  of  emer- 


53 

gency  work  maximum  hours  per  week  shall  not  be  exceeded.  Time 
and  one  third  (II/3)  shall  be  paid  for  all  extra  work  above  eight  (8) 
hours  per  day.  If  any  of  the  emergency  work  is  done  on  Sunday, 
all  of  those  hours  shall  be  paid  for  at  the  rate  of  time  and  one  third. 

A  complete  report  and  the  consumer's  certification  of  such  emer- 
gency and  such  excess  hours  shall  be  made  to  the  Regional  Code 
Connnittee.  Failure  to  make  such  report  shall  be  considered  a  viola- 
tion of  the  provisions  of  this  Code. 

Section  4.  No  student  apprentice  shall  be  employed  by  any  mem- 
ber of  the  Industry  for  a  period  in  excess  of  twenty-five  (25)  hours 
in  any  week  or  five  (5)  hours  in  any  twenty-four  (24)  hour  period. 

Student  apprentices  may  be  employed  only  directly  by  a  member 
of  the  Industry  and  must  be  paid  by  said  member  of  the  Industry. 
No  member  of  the  Industry  shall  employ  more  than  three  student 
apprentices  at  any  one  time. 

Section  5.  Office  help,  stock  clerks,  salesmen,  delivery  men,  jani- 
tors and  porters  shall  be  employed  not  more  than  forty-eight  (48) 
hours  in  any  one  calendar  week  and  not  more  than  eight  (8)  hcnirs 
in  any  twenty-four  (24)  hour  period. 

Section  6.  Persons  employed  in  an  executive  or  managerial  capac- 
ity are  exempted  from  the  provisions  of  Section  1,  provided  they  are 
regularly  paid  not  less  than  thirty-five  dollars  ($35.00)  per  week. 

Section  7.  No  employee  shall  be  permitted  to  work  more  than  sis 
(6)  days  in  any  one  week. 

Seciton  8.  An}^  person  (including  contractors)  who  does  the  work 
commonly  performed  b}'  employees  shall  be  subject  to  the  provisions 
of  this  Code  as  to  hours  of  labor. 

Section  9.  No  emploj^er  shall  knowingly  permit  any  employee  to 
work  for  anj^  time  which,  when  added  to  the  time  spent  at  work  for 
another  employer  or  emploj'ers,  exceeds  the  maximum  permitted 
herein. 

Section  10.  Nothing  contained  in  the  provisions  of  this  Article 
shall  be  construed  to  replace  or  supersede  provisions  in  collective 
agreements  already  in  force  with  labor  organizations  that  prescribe 
higher  rates  of  pay  or  shorter  hours  of  work  than  are  prescribed 
herein. 

Article  IV — Wages 

Section  1.  The  minimum  rate  of  pay  for  journeyman  tailors 
shall  be: 

(a)  Sixty-five  (65^)  cents  per  hour  in  any  city  of  over  100,000 
po])ulation,  or  in  the  trade  area  thereof. 

(b)  Sixt}^  cents  (600)  cents  per  hour  in  any  city  of  25,000  to  less 
than  100,000  population  not  included  in  (a),  or  in  the  trade  area 
thereof. 

(c)  rift3^-five  cents  (55(;*)  per  hour  in  other  places. 

Section  2.  Wages  for  Helpers. — The  minimum  pay  for  helpers 
^hall  be  at  the  rate  of  forty  cents  (400)  per  hour. 

Section  3.  War/es  for  student  apprentices. — The  minimum  rate  of 
pa}'  for  student  apprentices  shall  be  thirty  cents  (300)  per  hour  for 
the  first  six  (6)  months  of  employment  in  the  Industry  following 
graduation  from  a  trade  school,  after  which  they  shall  be  rated  as 
"  helpers." 

7709S' 829-170 34 2 


54 

Section  4.  Other  Employees. — No  other  employee  shall  be  paid 
at  less  than  the  rate  of : 

(a)  $15.00  per  week  in  any  city  of  over  500,000  population,  or  in 
the  trade  area  thereof. 

(b)  $14.50  per  >Yeek  in  any  city  of  between  250,000  and  500,000 
jDopuhition,  not  included  in  (a),  or  in  the  trade  area  thereof. 

(c)  $14.00  per  week  in  other  places. 

Section  5.  This  Article  establishes  a  niininuini  rate  of  pay,  which 
shall  apply  irrespective  of  whether  an  employee  is  actually  compen- 
sated on  a  time  rate,  piecework,  or  other  basis. 

Section  6.  Female  employees  performing  substantially  the  same 
work  as  male  employees  shall  receive  the  same  rates  of  pay  as  male 
employees. 

Section  7.  Handicapped  Persons. — A  person  whose  earning  ca- 
pacity is  limited  because  of  age  or  pliysical  or  mental  handicap  may 
be  emploved  on  light  work  at  a  wage  below  the  minimum  established 
by  this  Oode  if  the  employer  obtains  from  the  State  authority  desig- 
nated by  the  United  States  Department  of  Labor  a  certificate 
authorizing  such  person's  employment  at  such  wages  and  for  such 
hours  as  shall  be  stated  in  the  certificate.  Such  authority  shall  be 
guided  by  the  instructions  of  the  United  States  Department  of 
Labor  in  issuing  certificates  to  such  persons.  Each  employer  shall 
file  monthly  with  the  Code  Authority  a  list  of  all  such  persons  em- 
ployed by  him.  showing  the  wages  paid  to,  and  the  maximum  hours 
of  work  for  such  employee. 

Section  8.  (a)  No  provisions  in  this  Code  shall  supersede  existing 
rates  of  pay  on  an  hourly  or  piece-work  basis  which  are  higher  than 
those  set  forth  in  the  Code. 

(b)  The  weekly  compensation  for  employment  (whether  based 
on  a  piece  or  time  rate)  now  in  excess  of  the  minimum  wages  herein 
provided  shall  not  be  reduced,  notwithstanding  that  the  hours  of 
work  in  any  such  employment  may  be  hereby  reduced,  and  piece 
rates  shall  be  so  adjusted  that  earnings  at  the  shorter  hours  provided 
in  this  code  shall  be  at  least  equivalent  to  those  obtained  under  the 
longer  hours  heretofore  prevailing. 

Article  V — General  Labor  Provisions 

Section  1.  No  person  under  sixteen  (IG)  years  of  age  shall  be 
employed  in  the  Industry,  nor  shall  any  person  under  eigliteen  (18) 
years  of  age  be  employed  at  operations  or  occupations  hazardous 
in  nature  or  deti-imental  to  health.  The  Code  Authority  shall  sub- 
mit to  the  Administrator  within  six  months  after  the  effective  date 
of  this  Code,  a  list  of  such  operations  or  occupations.  In  any  State 
an  employer  shall  be  deemed  to  have  complied  with  the  provisions 
of  this  Section  if  he  shall  have  on  file  a  certificate  or  permit,  duly 
signed  by  the  Authority  in  such  State  empowered  to  issue  employ- 
ment or  age  certificates  or  permits,  showing  that  the  employee  is 
of  the  age  required  by  this  section. 

Section  2.  Employees  shall  have  tlie  right  to  organize  and  bargain 
collectively  through  representatives  of  their  own  choosing,  and  shall 
be  free  from  the  interference,  restraint,  or  coercion  of  employers  of 
labor,  or  their  agents,  in  the  designation  of  such  representatives  or 


55 

in  self-organization  or  in  other  concerted  activities  for  the  purpose 
of  collective  bargaining  or  other  mutual  aid  or  protection. 

Section  3.  No  emplo^'^ee  and  no  one  seeking  employment  shall  be 
required  as  a  condition  of  emplojanent  to  join  any  company  union 
or  to  refrain  from  joining,  organizing,  or  assisting  a  labor  organiza- 
tion of  his  own  choosing. 

Section  4.  Employers  shall  comply  with  the  maximum  hours  of 
labor,  minimum  rates  of  pay,  and  other  conditions  of  employment, 
approved  or  prescribed  by  the  President. 

Section  5.  No  provision  in  this  Code  shall  supersede  any  State 
or  Federal  law  imposing  on  employers  more  stringent  requirements 
as  to  age  of  emplo^'ees,  wages,  hours  of  work,  or  as  to  safety,  health, 
fire,  or  general  working  conditions  than  are  imposed  by  this  Code. 

Section  6.  Employers  shall  not  reclassify  employees  or  duties  of 
occupations  performed  by  employees  or  engage  in  any  other  subter- 
fuge so  as  to  defeat  the  purposes  of  the  Act. 

Section  7.  Each  employer  shall  comply  with  rules  and  regulations 
of  the  Administrator  as  to  the  posting  of  this  Code  or  portions 
thereof,  and  related  data. 

Section  8.  Home  Worh. — The  practice  of  manufacturing  in  this 
Industry  in  the  home  or  living  quarters  of  an  employee  shall  be 
terminated  not  later  than  four  (4)  months  after  the  effective  date 
of  the  Code;  except  as  provided  in  the  Executive  Order  of  May  15, 
1934.  In  the  meantime  and  until  such  termination  the  following 
rules  and  regulations  shall  govern  the  members  of  this  Industry  in 
relation  to  homework. 

(a)  No  member  of  the  Industry  shall  permit  home  work  in  any 
home  not  used  by  such  member  for  such  purpose  on  the  effective 
date  of  the  Code. 

(b)  Every  member  of  the  Industry  shall  file  with  the  Code 
Authority  a  list  of  such  home  work  establishments. 

(c)  Every  member  of  the  Industry  shall  be  personally  responsible 
for  the  compliance  by  an  employee,  working  in  his  home,  with  all 
the  labor  provisions  of  this  Code. 

Section  9.  Safety  and  Health. — Ever}^  employer  shall  make  rea- 
sonable provision  for  the  safety  and  health  of  his  employees  at  the 
place  and  during  the  hours  of  their  employment.  Standards  of 
safety  and  health  shall  be  submitted  by  the  Code  Authority  to  the 
Administrator  within  six  (G)  months  after  the  effective  date  of  this 
Code.  Upon  approval  by  the  Administrator  such  standards  shall 
become  operative  as  a  part  of  this  Code. 

Section  10.  No  member  of  the  Industry  shall  avoid  or  evade  the 
labor  provisions  of  this  Code  by  contracting  his  work  to  any  person 
or  persons  subject  to  labor  provisions  less  stringent  than  those  pro- 
vided in  this  Code. 

Article  YI — Administration 

To  further  effectuate  the  policies  of  the  Act,  a  National  Codo 
Authority  is  hereby  constituted  to  cooperate  with  the  Administratoj 
in  the  administration  of  this  Code. 

Section  1.  Organisation  and  Constitution  of  Code  Authority.—' 
The  Merchant  and  Custom  Tailoring  Code  Authority  shall  con- 
sist of  thirteen   (13)    members  as  follows:  Seven   (7)   members  to 


56 

be  selected  by  the  Executive  Coniniittec  of  the  National  Association 
of  Mcrchant'Tailors  of  America,  to  represent,  as  far  as  practicable, 
the  different  sections  of  the  country  east  of  the  Eocky  Mountains; 
one  (1)  member  to  be  selected  by  the  Executive  Committ<^e  of  the 
Pacific  Coast  ISIorchants  Tailors  Association,  to  represent  that  sec- 
tion of  the  country  corresponding  to  the  twelfth  (12th)  Federal 
Eeserve  District;  one  (1)  member  to  be  selected  by  the  Executive 
Committee  of  the  Merchant  Tailor  Designers  Association  of  Amer- 
ica; one  (1)  member  to  be  appointed  by  the  Administrator  to  repre- 
sent the  interest  of  the  contractors  in  their  capacity  as  employers 
of  lal3or;  one  (1)  member  to  be  appointed  by  the  Administrator, 
to  represent  non-members  of  the  above-named  Associations;  one 
(1)  member  to  be  selected  by  the  general  Executive  Board  of  the 
Journeyman  Tailors  Union  of  America;  one  (1)  member  to  be  ap- 
pointed by  the  Administrator  on  the  recommendation  of  the  Labor 
Advisory  Board  of  the  National  Recovery  Administration;  and  not 
more  than  three  (3)  additional  members  to  be  appointed  by  the 
Administrator,  in  his  discretion,  without  vote,  to  serve  for  such 
terms  as  he  may  specify. 

The  terms  of  the  Industry  members  of  the  Code  Authority  shall 
be  one  year,  or  until  the  appointment  of  their  successors. 

(a)  Each  association  directly  or  indirectly  participating  in  the 
selection  or  activities  of  the  Code  Authority  sliall:  (1)  impose  no 
inequitable  restrictions  on  membershij),  and  (2)  submit  to  the  Ad- 
ministrator true  copies  of  its  articles  of  association,  by-laws,  regula- 
tions, and  any  amendments  when  made  thereto,  together  with  such 
other  information  as  to  membership,  organization,  and  activities 
as  the  A<lministrator  nuiy  deem  necessiiry  to  effectuate  the  purposes 
of  the  Act. 

(b)  In  order  that  the  Code  Authority  shall  at  all  times  be  truly 
representative  of  the  Industry  and  in  other  respects  comply  with  the 
provisions  of  the  Act,  the  Administrator  may  provide  such  hearings 
as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that  the  Code 
Authority  is  not  truly  representative  or  does  not  in  other  respects 
comply  with  the  provisions  of  the  Act,  may  require  an  appropriate 
modification  in  the  method  of  selection  of  the  Code  Authority. 

(c)  Regional  Committee. — The  Code  Authority,  subject  to  the 
apj)roval  of  the  Administrator,  shall  appoint  Regional  Counnittees 
for  major  geographical  sections  of  the  country  designated  as  follows: 
One  Regional  Committee  for  the  Eastern  section  comprising  the 
New  England  and  Middle  Atlantic  States,  one  Regional  Committee 
for  the  Central  and  Middle  "West  section  of  the  country,  one  Regional 
Connnittee  for  the  Southern  States,  and  one  Regional  Committee 
for  the  "Western  part  of  the  country  corresponding  to  the  Twelfth 
Federal  Reserve  District.  Such  regional  committees  s])all  be  com- 
posed of  members  of  the  Industry  who  have  places  of  l)usiness  in  the 
region  whicli  the  Regional  Committee  is  to  serve.  It  shall  be  the 
function  of  these  Regional  Connnitiees  to  serve  in  an  Advisory  ca- 
pacity to  the  Code  Authority  in  tlie  administration  of  the  Code,  and 
to  be  the  administrative  agencies  of  the  Code  Authority  in  their 
respective  Regions.  It  shall  also  be  the  particular  duty  of  these 
Regional  Committees  to  determine  for  their  respective  regions  the 
seasonal  peak  periods  defined  in  Article  III,  Section  2  of  this  Code, 


57 

subject  to  the  approval  of  the  Code  Authority  and  of  the  Adminis- 
trator. The  Regional  Committee  shall  have  the  power  to  appoint 
subsidiary  or  local  agencies  for  the  administration  of  the  provisions 
of  this  Code,  subject  to  the  approval  of  the  Code  Authority. 

Section  2.  The  Code  Authority  shall  have  the  following  duties 
and  powers  to  the  extent  permitted  by  the  Act. 

(a)  General  Poxoers. — The  Code  Authority  shall,  in  addition  to 
the  specific  powers  herein  conferred,  have  all  general  powers  neces- 
sary to  assist  the  Administrator  in  the  administration  and  enforce- 
ment of  this  Code. 

(b)  Reports  and  Investigations. — The  Code  Autliority  shall  re- 
quire from  all  members  such  reports  as  are  necessary  to  effectuate  the 
purposes  of  this  Code  and  may,  upon  its  own  initiative  or  upon  com- 
plaint to  it  of  any  persons  affected,  make  investigation  as  to  the 
functioning  of  any  provisions  of  the  Code  and  report  the  results 
of  such  investigation  to  the  Administrator,  subject  to  such  rules  and 
regulations  as  may  be  prescribed  by  the  Administrator. 

(c)  The  Code  Authority  shall  require  all  members  of  the  industry 
to  nle  with  it  within  30  days  after  this  Code  goes  into  effect  complete 
schedules  of  their  rates  of  pay  to  journeymen  tailors,  helpers,  appren- 
tices, and  contractors  in  their  employ,  and  to  report  promptly  to  the 
Code  Authority  any  changes  in  such  schedules. 

(d)  Recommendations. — The  Code  Authority  may  from  time  to 
time  present  to  the  Administrator  recommendations  based  on  condi- 
tions in  the  Industry,  which  will  tend  to  effectuate  the  operation  of 
the  provisions  of  this  Code  and  the  policy  of  the  Act. 

(e)  (1)  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

A.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

B.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry ; 

C.  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name, 

(2)  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  code  and  con- 
tributing to  the  expenses  of  its  admmistration  as  hereinabove  pro- 
vided, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Code  Authority  or  to  receive  the  benefits  of  any  of  its  vol- 


58 

nntary  ncHvities  or  to  make  use  of  any  emblem  or  insionia  of  the 
Xational  Recover}^  Administration. 

(3)  The  Code  Authority  sliall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Adminis- 
trator shall  have  so  approved. 

Section  3.  In  addition  to  the  information  required  to  be  sub- 
mitted to  the  Code  Authority,  there  shall  be  furnished  to  govern- 
ment agencies  such  statistical  information  as  the  Administrator 
ma}'  deem  necessary  for  the  purposes  recited  in  Section  3,  (a)  of 
the  Act. 

Sechox  4.  The  Code  Authority  shall  have  the  power  under  such 
rules  and  regulations  as  may  be  established  by  the  Administrator 
to  receive  complaints  of  violations  of  this  Code,  make  investiga- 
tions thereof,  provide  hearings  thereon,  and  adjust  such  complaints; 
and  bring  to  the  attention  of  the  Administrator  recommendations 
and   information   relative  to   unadjusted   violations. 

Section  5.  The  Code  Authority  sliall  have  the  power  to  use  such 
trade  associations  and  other  agencies  as  it  deems  proper  for  the 
carrying  out  of  any  of  its  activities  provided  for  herein,  provided 
that  nothing  herein  shall  relieve  the  Code  Authority  of  its  duties 
or  responsibilities  under  this  Code  and  that  such  trade  associations 
and  agencies  shall  at  all  times  be  subject  to  and  comply  with  the 
provisions  hereof. 

Section  6.  The  Code  Authority,  subject  to  the  approval  of  the 
Administrator,  shall  define  and  determine  trade  areas. 

Section  7.  The  Code  Authority  shall  appoint  a  Coordination 
Committee  representing  the  Merchant  and  Custom  Tailoring  Code 
Authority  to  meet  with  a  like  committee  of  the  Men's  Clothing  Code 
Authorit}'  or  any  other  related  Code  Authority  in  an  endeavor  to 
adjust  any  differences  of  opinion  as  to  jurisdiction  or  conflicts  of 
an}'  nature  between  the  various  related  codes. 

Section  8.  The  Code  Authority  shall  appoint  a  trade  practice 
committee  which  shall  meet  with  the  trade  practice  committees  ap- 
pointed under  such  other  codes  as  may  be  related  to  the  Industry 
for  the  purpose  of  formulating  fair  trade  practices  to  govern  the 
relationships  between  employers  under  this  code  and  under  such 
others  to  the  end  that  such  fair  trade  practices  may  be  proposed 
to  the  Administrator  as  amendments  to  this  Code  and  such  other 
codes. 

Section  9.  If  the  Administrator  shall  determine  that  any  action 
of  the  Code  Authority  or  any  agency  thereof  may  be  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  further  consideration 
by  such  Code  Authority  or  agency  pending  final  action  which  shall 
not  be  effective  unless  the  Administrator  approves  or  unless  he  shall 
fail  to  disapprove  after  thirty  days'  notice  to  him  of  intention  to 
proceed  with  such  action  in  its  original  or  modified  form. 


59 

Article  VII — Labels 

All  articles  manufactured  subject  to  the  provisions  of  this  Code 
shall  bear  an  N.KA.  label  or  an  authorized  substitute  therefor,  to 
symbolize  to  purchasers  of  said  articles  the  conditions  under  which 
they  have  been  manufactured. 

(a)  The  Code  Authority  shall  have  the  exclusive  right  in  this 
Industry  to  issue  and  furnish  said  labels  to  the  members  thereof. 

(b)  Each  label  shall  bear  a  registration  number  especially  as- 
signed to  each  employer  by  the  Code  Authority  and  remain  attached 
to  such  garment  when  sold. 

(c)  Any  and  all  members  of  the  Industry  may  apply  to  the  Code 
Authority  for  a  permit  to  use  such  N.R.A.  label,  which  permit  to  use 
the  label  shall  be  granted  to  them,  but  only  if  and  so  long  as  they 
comply  with  this  Code. 

(d)  Subject  to  the  approval  of  the  Administrator,  the  Code 
Authority  shall  establish  rules  and  regulations  and  appropriate  ma- 
chinery for  the  issuance  of  labels  and  the  inspection,  examination  and 
supervision  of  the  practices  of  members  of  the  Industry  using  such 
labels. 

(e)  The  charge  made  for  such  labels  by  the  Code  Authority  shall 
at  all  times  be  subject  to  the  supervision  and  orders  of  the  Adminis- 
trator and  shall  be  not  more  than  an  amount  necessary  to  cover  the 
reasonable  cost  thereof,  including  the  making,  distribution  and  ad- 
ministration, and  supervision  of  the  use  thereof  as  hereinabove  set 
forth. 

Article  VIII — Unfair  Trade  Practices 

The  following  practices  constitute  unfair  methods  of  competition 
for  members  of  the  Industry  and  are  prohibited : 

Section  1.  False  Marking  or  Branding. — The  false  marking  or 
branding  of  any  product  of  the  Industry  which  has  the  tendency  to 
mislead  or  deceive  customers  or  prospective  customers,  whether  as 
to  the  grade,  quality,  quantity,  substance,  character,  nature,  origin, 
size,  finish,  or  preparation  of  any  product  of  the  Industry,  or 
otherwise. 

Section  2.  Misrepresentation  or  False  or  Misleading  Advertis- 
ing.— The  making  or  causing  or  knowingly  permitting  to  be  made 
or  published  any  false,  materially  inaccurate,  or  deceptive  statement 
by  way  of  advertisement  or  otherwise,  whether  concerning  the  grade, 
quality,  quantity,  substance,  character,  nature,  origin,  size,  finish, 
or  preparation  of  any  product  of  the  Industry,  or  the  credit  terms, 
values,  policies,  or  services  of  any  member  of  the  Industry  or 
otherwise,  having  the  tendency  or  capacity  to  mislead  or  de- 
ceive customers  or  prospective  customers.  (1)  The  use  of  the 
term  "  Merchant  Tailor "  in  any  advertising,  window  sign  or 
display,  by  any  member  of  the  Industry  who  does  not  carry  a  stock 
of  woolens  or  trimmings  on  his  premises  shall  be  deemed  mislead- 
ing and  deceptive  advertising.  This  provision  is  not,  however,  de- 
signed to  restrict  or  hinder  any  Custom  Tailor  from  advertising 
himself  as  a  Custom  Tailor  where  no  stock  of  woolens  or  trimmings 
is  carried  on  the  premises,  nor  to  limit  a  Merchant  Tailor  as  herein 


60 

defined,  from  advertising  himself  as  a  Merchant  or  Custom  Tailor  or 
both. 

Section  3.  C oinmercial  Bribery. — The  giving,  permitting  to  be 
given,  or  directly  offering  to  give,  anything  oi  value  for  the  pur- 
pose of  influencing  or  rewarding  the  action  of  any  employee,  agent, 
or  representative  of  another  in  relation  to  the  business  of  the  em- 
ploj'er  of  such  employee,  the  principal  of  such  agent  or  the  repre- 
sented party,  without  the  knowledge  of  such  employer,  principal  or 
party.  This  provision  shall  not  be  construed  to  prohibit  free  and 
general  distribution  of  articles  commonly  used  for  advertising  ex- 
cept so  far  as  such  articles  are  actually  used  for  commercial  bribery 
as  hereinabove  defined. 

Section  4.  Interference  with  C ontractual  Relations. — Maliciously 
inducing  or  attempting  to  induce  the  breach  of  an  existing  oral  or 
written  contract  between  a  competitor  and  his  customer  or  source  of 
supply,  or  interfering  with  or  obstructing  the  performance  of  any 
such  contractual  duties  or  services. 

Section  5.  The  hiring  away  of  an  employee  of  a  competitor  with- 
out first  permitting  that  employee  a  reasonable  time  to  complete  the 
work  upon  which  he  was  engaged. 

Section  6.  Secret  Rebates. — The  secret  payment  or  allowance  of 
rebates,  refunds,  commissions,  credits,  or  unearned  discounts,  whether 
in  the  form  of  money  or  otherwise,  or  the  secret  extension  to  certain 
purchasers  of  special  services  or  privileges  not  extended  to  all  pur- 
chasers on  like  terms  and  conditions. 

Section  7. — The  offering  or  giving  of  prizes,  premiums,  or  gifts 
in  connection  with  the  sale  of  products,  or  as  an  inducement  thereto, 
in  ways  which  involve  chance,  lottery,  misrepresentation,  or  fraud, 
or  the  advertising  of  free  pressing  service. 

Section  8.  Defamation. — The  defamation  of  competitors  by  falsely 
imputing  to  them  dishonorable  conduct,  inability  to  perform  con- 
tracts, questionable  credit  standing,  or  by  other  false  representations, 
or  by  the  false  disparagement  of  the  grade  or  quality  of  their  goods. 

Section  9.  Threats  of  Litigation. — The  publishing  or  circularizing 
of  threats  of  suits  for  infringements  of  patents  or  trade-marks  or 
of  any  other  legal  proceedings  not  in  good  faith,  with  the  tendency 
or  effect  of  harassing  competitors  or  intimidating  their  customers. 

Section  10.  Espionage  of  Competitors. — Securing  confidential  in- 
formation concerning  the  business  of  a  competitor  by  a  false  or  mis- 
leading statement  or  representation,  by  a  false  impersonation  of  one 
in  authority,  by  bribery,  or  by  any  other  unfair  method. 

Section  11.  Making  special  or  temporary  wage  agreements  with 
employees  below  the  prevailing  scale  for  the  purpose  of  offering 
Bpecial  price  inducements. 

Akticle  IX — Modification 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel  or  modify  any  order,  approval,  license,  rule  or  regu- 
lation issued  under  said  Act. 


61 

Section  2.  This  Code,  except  as  to  provisions  required  by  the  Act, 
may  be  modified  on  the  basis  of  experience  or  changes  in  circum- 
stances, such  modifications  to  be  based  upon  application  to  the  Ad- 
ministrator and  such  notice  and  hearing  as  he  shall  specify,  and  to 
become  effective  on  approval  of  the  Administrator. 

Article  X — Monopolies,  Etc. 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  monop- 
olies or  monopolistic  practices,  or  to  eliminate,  oppress,  or  discrim- 
inate against  small  enterprises. 

Article  XI — Price  Increases 

Whereas  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  impossible  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price 
increases  should  be  delayed  and  that,  when  made,  the  same  should, 
so  far  as  reasonably  possible,  be  limited  to  actual  increases  in  the 
seller's  costs. 

Article  XII — Effectivb  Date 

This  Code  shall  become  effective  ten  days  after  its  approval  by 
the  Administrator. 


Approved  Code  No.  494. 
Registry  No.  272-2-05. 


O 


Approved  Code  No.  495 
CODE  OF  FAIR  COMPETITION 

FOR   THE 

STEEL  JOIST  INDUSTY 
As  Approved  on  August  1,  1934 


ORDER 


Approving  Code  of  Fair  Competition  for  the  Steel,  Joist  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Code  of 
Fair  Competition  for  the  Steel  Joist  Industry,  and  hearings  having 
been  duly  held  thereon  and  the  annexed  report  on  said  Code,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Pres- 
ident, including  Executive  Order  No,  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Code  complies  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act;  and  do  hereby  order  that  said  Code  of  Fair 
Competition  be  and  it  is  hereby  approved;  provided,  however,  that 
the  following  changes  be,  and  the  same  hereby  are  made: 

(1)  That  Section  4  of  Schedule  "A",  Paragraphs  1  to  21  inclusive; 
and  Section  5  of  Schedule  "A"  be,  and  the  same  hereby  are  eliminated. 

(2)  That  Section  3  (a)  of  Schedule  ""A"  be  and  the  same  hereby 
is  eliminated,  and  in  lieu  thereof,  the  following  paragraph  be,  and 
it  is  hereby  inserted : 

"  Until  changed  by  amendment  to  the  Code  as  hereinbefore  in 
Article  VI  provided,  the  minimum  rat^s  of  pay  per  hour  which  shall 
be  paid  by  members  of  the  Industry  for  common  labor  in  the  Indus- 
try shall  be  forty  cents  (40^*)  per  hour  except  that:  In  the  States  of 
Louisiana,  Tennessee,  North  Carolina,  South  Carolina,  Georgia,  Ala- 
bama, Florida,  Mississippi,  Texas  and  Virginia  the  minimum  rate 
for  such  workers  shall  be  not  less  than  thirtv-four  cents  (34^)  per 
hour." 

(3)  That  Article  X  be,  and  the  same  hereby  is,  amended  to  read 
as  follows: 

77009° 1044-C — —34 1  (63) 


64: 

"  The  Code  shall  continue  in  effect  until  June  16,  1935,  or  until 
any  earlier  date  upon  which  the  Act  shall  cease  to  be  in  effect.  Upon 
the  termination  of  the  Code  in  the  manner  hereinbefore  provided, 
all  obliaations  and  liabilities  under  the  Code  shall  cease,  exce|)t  those 
for  unpaid  assessments  theretofore  made  in  accordance  with  the  pro- 
visions of  the  Code  and  those  for  liquidated  damafres  which  may 
have  theretofore  accrued  under  any  provisions  of  the  Code." 
and  provided,  further,  that  within  ninety  (90)  days  I  ma}^  direct 
that  there  be  a  further  hearing  on  such  of  the  provisions  of  this 
Code  as  I  may  designate,  and  that  any  order  which  I  may  make 
after  such  hearing  shall  have  the  effect  of  a  condition  on  the  ap- 
proval of  said  Code. 

Hugh  S.  Johnson, 
AdmimHtrator  for  Industrial  Recovery. 

Approval  recommended : 
Geo.  L.  Berry, 

Division  Administrator, 

Washington,  D.C, 

August  ly  lOoJ^. 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sik:  This  is  a  report  on  the  Code  of  Fair  Competition  for  the 
Steel  Joist  Industry  as  revised  after  public  hearing  conducted  in 
Washington  on  December  11th,  1933,  in  accordance  with  the  provi- 
sions of  the  National  Industrial  Recovery  Act. 

THE   INDUSTRY 

This  Industry,  like  the  Reinforcing  Materials  Fabricating  Indus- 
try, has  developed  from  a  group  of  Specialists  Engineering  organi- 
zations developing  and  promoting  the  use  of  various  types  of  steel 
joists  in  this  country.  This  Code  is  drafted  along  lines  paralleling 
the  Reinforcing  Materials  Fabricating  Industiy's  Code.  Although 
the  Industry  is  small,  the  public  has  greatly  benefited  by  its  activities 
in  promoting  new  products  and  types  of  construction  and  will  no 
doubt  continue  to  do  so. 

PROVISIONS   FOR   HOURS    AND   WAGES 

Except  in  the  case  of  executives,  those  employed  in  supervisory 
capacities  and  in  technical  work,  receiving  thirty-five  dollars  ($35.00) 
per  week  or  over  and  those  employed  in  emergency  work  involving 
breakdowns  or  requiring  protection  of  life  and  property,  employees 
in  the  Steel  Joist  Industry  are  limited  to  forty  (40)  hours  per  week 
during  any  one-half  (i/^)  calendar  year,  except  during  seasonable 
periods  a  maximum  of  forty-eight  (48)  hours  during  not  more  than 
six  (6)  weeks  in  any  one-half  (I/2)  calendar  year  or  more  than  eight 
(8)  hours  in  any  one  (1)  day,  or  more  than  six  (6)  days  in  any  one 
(1)  week. 

Persons  employed  as  watchmen  may  be  emploj'^ed  not  more  than 
fifty-six  (56)  hours  in  any  week;  six  (G)  days  in  any  week  or  ten 
(10)  hours  in  any  day.  Clerical  employees  shall  not  be  permitted  to 
work  more  than  forty  (40)  hours  in  any  one  (1)  week  or  more  than 
eight  (8)  hours  in  any  one  (1)  day. 

No  reclassification  of  employees  for  the  purpose  of  defeating  the 
purposes  of  the  Act  is  permitted,  and  no  employee  is  permitted  to 
work  more  than  the  specified  maximum  hours  whether  for  one  or 
more  employers. 

No  person  under  sixteen  (IG)  years  of  age  is  permitted  to  work 
in  the  Industry,  and  no  person  under  eighteen  (18)  years  of  age  shall 
be  employed  in  any  shop. 

The  Order  of  Approval  eliminates  the  wage  districts  and  rates  in 
the  Code  which  ranged  from  twenty-five  cents  (25^)  to  forty  cents 
(40^)  in  twenty-one  districts,  and  establishes  minimum  rates  of 
thirty-four  cents  (34^)  in  the  South  and  fort}'-  cents  (40^)  elsewhere. 
The  order  also  eliminates  the  provision  whereby  the  Code  could  have 

(65) 


66 

been  t^^rminat^d  at  the  will  of  ninety  per  cent  (90%)  of  the  members 
of  tlie  Industry. 

ECONOMIC  EFFECT  OF  THE  CODE 

The  Industry  for  the  first  ten  (10)  months  of  1933  operated  at 
about  ten  and  one-half  ])er  cent  (1014%)  of  the  1929  peak  volume, 
Avhen  employees  numbered  approximately  nine  hundred  (900).  The 
present  number  of  employees  is  about  nineteen  per  cent  (19%)  of 
the  number  employed  during  that  periotl,  or  one  hundred  seventy- 
two  (172).  To  increase  employment  to  the  1929  level  it  would 
recpiire  the  1930  volume  of  business  and  a  thirty   (30)   hour  week. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Code  liaving  found  as  herein  set  forth  and  on  the  basis  of  all 
the  proceedings  in  this  matter : 
I  find  that : 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
conunerce  which  tend  to  diminisli  tlie  amount  thereof  and  Avill  pro- 
vide for  the  general  welfare  by  promoting  the  organization  of  indus- 
try for  the  purpose  of  cooperative  action  among  the  trade  groups, 
by  inducing  and  maintaining  united  action  of  labor  and  management 
under  adequate  governmental  sanctions  and  supervision,  by  eliminat- 
inoj  unfair  competitive  practices,  by  promoting  the  fullest  possible 
utilization  of  the  present  productive  capacity  of  industnes,  by  avoid- 
ing undue  restriction  of  production  (excei)t  as  may  be  temporarily 
required),  by  increasing  the  c(msumption  of  industrial  and  agricul- 
tural products  through  increasing  [)urchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
b}''  otherwise  rehabilitating  industr3\ 

(b)  Said  IndiLstiy  normally  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisi(ms  of  said  Title  of  said  x\ct,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  a[>plicant  asso- 
ciation is  an  industrial  association  trul}^  representative  of  the  afore- 
said IndiLstry;  and  that  said  association  imposes  no  inequitable  re- 
strictions on  admission  to  memb^^rship  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f )  Tliose  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  appro\al  of  said  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Code. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
August  1,  1934. 


CODE  OF  FAIR  COMPETITION  FOR  THE  STEEL  JOIST 

INDUSTRY 

Article  I — Purposes 

To  efTectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  foIlowin<r  provisions  are  established  as  a  Code  of 
Fair  Competition  for  the  Steel  Joist  Industrj^,  and  shall  be  the 
standard  of  fair  competition  for  such  industry  and  shall  be  binding 
upon  every  member  thereof. 

Article  II — Definitions 

The  term  "  steel  joist  industry  '  as  used  herein  is  defined  to  mean 
the  manufacture  and  sale  of  any  steel  joist,  which  produ-ot  is  defined 
to  mean  and  include  any  steel  beam  or  truss  shaped  steel  member 
suitable  for  supporting  floors  and  roofs  when  used  for  floor  filling 
between  the  main  supporting  girders,  beams  or  walls.  Steel  joists 
ma}'  be  made  of  rolled  shapes  or  strips  of  sheet  steel,  round  bars, 
angles  or  specially  rolled  bars  riveted  or  welded  together,  or  by 
expanding  rolled  shapes,  or  by  any  other  method  complying  with 
the  requirements  of  the  Standards  Specifications  of  the  Institute, 
provided,  however,  that  solid  web  rolled  structural  beams  or  channel 
sections  are  not  to  be  considered  steel  joists  for  the  purpose  of  this 
definition   or  this  Code. 

The  term  "  Institute  "  shall  mean  the  Steel  Joist  Institute. 

The  term  "  Secretary  "  shall  mean  the  secretary  of  the  Institute 
then  in  office,  who  shall  serve  as  an  agent  of  the  Code  Authority 
in  the  exercise  of  his  functions  hereunder. 

The  term  "  member  of  the  industry "  includes  any  individual, 
partnership,  association,  corporation,  or  other  person  or  form  of 
enterprise  engaged  in  the  industry,  either  as  an  emploj^er  or  on  his 
own  behalf. 

The  term  "  member  of  the  Code  "  shall  mean  any  member  of  the 
industry  who  has  signed  and  delivered  to  the  Secretary  a  letter 
substantially  in  accordance  with  the  form  contained  in  Schedule 
"  I>  "  attached  hereto. 

The  term  "  employee  "  as  used  herein  includes  any  and  all  persons 
engaged  in  the  industry,  however  compensated,  except  a  member  of 
the  industry. 

The  term  "  employer  "  as  used  herein  includes  anyone  by  whom 
such  employee  is  compensated  or  employed. 

The  term  "Act",  and  "Adm.inistrator  "  as  used  herein  shall  mean 
respectively  Title  I  of  the  National  Industrial  Recovery  Act,  and 
the  Administrator  for  Industrial  Recovery. 

Article  III — Hours  of  Labor,  Rates  of  Pay  and  Other  Condi- 
tions OF  Employment 

Section  1.  The  provisions  with  respect  to  hours  of  labor,  rates  of 
pay  and  other  conditions  of  employment,  set  forth  in  Schedule  "A" 

(67) 


68 

annexed  hereto,  ai;e  hereby  incorporated  in  and  made  a  part  of  this 
Code. 

Section  2.  Pursuant  to  subsection  (a)  of  Section  7  of  the  Xational 
Industrial  Eecovery  xVct  the  following  conditions  are  parts  of  this 
Code. 

(1)  Employees  shall  have  the  right  to  organize  and  bar^^ain  col- 
lectively through  representatives  of  their  own  choosing,  and  shall  be 
free  from  the  interference,  restraint,  or  coercion  of  employers  of 
labor  or  their  agents,  in  the  designation  of  such  representatives  or 
in  self-organization  or  in  other  concerted  activities  for  the  purpose 
of  collective  bargaining  or  other  mutual  aid  or  protection. 

(2)  No  employee  and  no  one  seeking  employment  shall  be  required 
as  a  condition  of  emi)loynient  to  join  any  company  union  or  to 
refrain  from  joining,  organizing,  or  assisting  a  labor  organization 
of  his  own  choosing;  and 

(3)  Employers  shall  comply  with  the  maxinnun  hours  of  labor, 
minimum  rates  of  pay,  and  other  conditions  of  employment,  ap- 
proved or  prescribed  by  the  President. 

Section  8.  No  person  under  sixteen  (16)  years  of  age  shall  be 
employed  in  the  industry.  No  person  under  eighteen  (18)  years  of 
age  shall  be  employed  in  any  shop. 

Section  4.  No  employer  shall  reclassify  employees  or  duties  of 
occupations  performed  or  engage  in  any  other  subterfuge  for  the 
purpose  of  clefcating  the  purj)oses  or  provisions  of  the  Act  or  of 
this  Code. 

Section  5.  No  provisions  of  this  Code  shall  supersede  any  State  or 
Federal  law  which  imposes  more  stringent  requirements  on  members 
as  to  age  of  employees,  wages,  hours  of  work,  or  as  to  safety,  health, 
sanitary  or  general  working  conditions,  or  insurance,  or  fire  pro- 
tection than  are  imposed  by  this  Code. 

Section  6.  All  employers  shall,  post  complete  copies  of  the  labor 
provisions  of  this  Code  in  conspicuous  places  accessible  to  all 
employees. 

Article  IV — Organization,  Powers  and  Duties  of  the  Code 

Authority 

organization 

Section.  1.  (a)  The  administration  of  the  Code  shall  be  under  the 
direction  of  the  Code  Authority  which  shall  consist  of  the  members 
from  time  to  time  of  the  Board  of  Directors  of  the  Institute,  and 
in  addition  thereto  there  may  be  not  more  than  three  (3)  members 
without  vote,  to  be  a])pointed  by  the  Administrator  and  to  serve 
without  expense  to  the  Industry. 

(b)  To  the  Code  authority  as  so  constituted  and  established  the 
members  of  the  Industry  who  are  non-members  of  the  Steel  Joist 
Institute  may,  if  they  so  desire,  elect  one  member  by  a  method  of 
selection  approved  or  ])rescribed  by  the  Administrator. 

Section  2.  The  Institute  shall  (1)  impose  no  inequitable  restric- 
tions on  membership,  and  (2)  submit  to  the  Administrator  true 
copies  of  any  Articles  of  Association,  constitution  and  by-laws,  reg- 
ulations, and  any  amendments  when  made  thereto. 


69 

Section  3.  In  order  that  the  Code  Authority  shall  at  all  times  be 
tnil}^  representative  of  the  Industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  provide  such 
hearings  as  he  may  deem  proper  and,  thereafter  if  he  shall  find  that 
the  Code  Authority  is  not  truly  representative  or  does  not  in  other 
respects  comply  Avith  the  provisions  of  the  Act,  may  require  an 
appropriate  modification  in  the  method  of  its  selection. 

Section  4.  Nothing-  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Authority  or  members  of  the  Code  partners 
for  any  pur})ose.  Nor  shall  any  member  of  the  Code  Authority  or 
member  of  the  Code  be  liable  in  any  manner  to  anyone  for  any  act 
of  any  other  member,  officer,  agent,  or  employee  of  the  Code  Author- 
it}'^  or  member  of  the  Code.  Nor  shall  any  member  of  the  Code 
Authority,  exercising  reasonable  diligence  in  the  conduct  of  his 
duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission 
to  act  under  this  Code,  except  for  his  own  wilful  misfeasance  or 
nonfeasance. 

POWERS   AND  DUTIES 

Section  5.  The  Code  Authority  shall  have  the  following  powers 
and  duties  to  the  extent  permitted  by  the  Act: 

(a)  To  adopt  by-laws  and  rules  and  regulations  for  its  procedure 
and  for  the  administration  and  enforcement  of  the  Code,  in  accord- 
ance with  the  powers  herein  granted,  and  to  submit  the  same  to  the 
Administrator  together  with  true  copies  of  any  amendments  or 
additions  when  made  thereto,  minutes  of  meetings  when  held,  and 
such  other  information  as  to  its  activities  as  the  Administrator  may 
deem  necessary  to  effectuate  the  purposes  of  the  Act. 

(b)  To  obtain  from  members  of  the  Industry,  as  soon  as  the  neces- 
sary readjustments  within  the  Industry  can  be  made,  repoiis  based 
on  periods  of  months  or  quarters,  for  use  of  the  Code  Authority  and 
the  Administrator  in  the  administration  and  enforcement  of  the 
Code,  and  for  the  information  of  the  President.  All  individual 
reix)rts  shall  be  kept  confidential  and  onh^  general  summaries  theerof 
may  be  ])ublished. 

(c)  Under  such  rules  and  regulations  as  may  be  prescribed  by  the 
Administrator,  to  receive  complaints  of  violations  of  this  Code,  make 
investigations  and  seek  adjustments  thereof  and  arrange  and  afford 
hearings  for  such  purposes  and  bring  to  the  attention  of  the  Admin- 
istrator for  prosecution,  recommendations  and  information  relative 
to  unadjusted  violations. 

(d)  To  initiate,  consider  and  make  recommendations  for  the 
modifications  or  amendment  of  this  Code,  which  recommendations, 
upon  the  approval  of  the  Administrator,  after  such  notice  and  hear- 
ing as  he  ma}'^  specify,  shall  become  and  have  the  effect  of  provisions 
of  this  Code. 

(e)  It  being  found  necessary  to  support  the  administration  of  this 
Code,  in  order  to  effectuate  the  policy  of  the  Act  and  to  maintain  the 
standards  of  fair  competition  established  hereunder,  the  Code 
Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 

77G09° 1044-6 34 2 


70 

of  fmids  Avhich  shall  be  held  in  trust  for  the  purposes  of  the  Code 
and  raised  as  hereinafter  provided. 

(2)  To  sul>mit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  o})portunity  to  be  he^rd  as  he  may  deem  necessary: 

(a)  An  itemized  budget  of  its  estimated  expenses  for  the  fore- 
l^oin^  purposes  and 

(b)  An  equitable  basis  upon  which  the  fimds  necessary  to 
support  such  bud«;et  shall  be  contributed  by  all  members  of  the 
Industry  entitlcnl  to  the  benefits  accruinn;  from  the  maintenance 
of  such  standards,  and  the  administration  thereof. 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved l)y  the  Administrator,  to  determine  and  collect  equitable 
contributions  as  above  set  forth;  and  to  that  end,  if  necessary,  to 
institute  leixal  proceedinL's  therefor  in  its  own  name. 

(4)  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Authority 
det<'rmined  as  hereinabove  provided  and  subject  to  rules  and  regu- 
lations pertaining  thereto  issued  by  the  Administrator.  Only  mem- 
bers of  the  Industry  complying  with  the  Code  and  contributing  to 
the  expenses  of  its  administration  as  hereinabove  provided  shall  be 
entitled  to  participate  in  the  selection  of  the  members  of  the  Code 
Authority,  or  to  receive  the  benefits  of  any  of  its  voluntary  activities, 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

(5)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  ])rior  budget  estimates  except  those  which  the  Administra- 
tor shall  have  so  approved. 

(f)  The  Code  Authority  shall  cause  to  be  formulated  methods  of 
cost  finding  and  accounting  capable  of  use  by  all  members  of  the 
Industry,  and  shall  submit  such  methods  to  the  Administrator  for 
review.  If  approved  by  the  Administrator,  full  information  con- 
cerning such  methods  shall  be  made  available  to  all  members  of  the 
Industry.  Thereafter,  each  member  of  the  Industry  shall  utilize 
such  methods  to  the  extent  found  practicable.  Nothing  herein  con- 
tained shall  be  construed  to  permit  the  Code  Authority,  any  agent 
thereof,  or  any  member  of  the  Industi^  to  suggest  uniform  additions, 
percentages  or  differentials  or  other  uniform  items  of  cost  which  are 
designed  to  bring  about  arbitrary  uniformity  of  costs  or  prices. 

GENERAL  ADMINISTRATIVE  PROVISIONS 

Section  6.  If  the  Administrator  shall  determine  that  any  action 
of  the  Code  Authority  or  any  agency  thereof  may  be  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  further  consideration 
by  the  Code  Authority  or  agency  pending  final  action  which  shall  not 
be  effective  unless  the  Administrator  approves  or  unless  he  shall  fail 
to  disapprove  after  thirty  (30)  days'  notice  to  him  of  the  intention 
to  proceed  with  such  action  in  its  original  or  modified  form. 


71 

Article  V — (Trade  Practice  Rules 

Sectiox  1.  On  and  after  the  effective  date,  except  as  may  be 
required  by  orders,  contracts,  agreements  or  bicls  made,  accepted  or 
then  in  effect,  all  steel  joists  shall  be  manufactured  in  accordance 
with  the  Standard  Specifications  for  steel  joists  adopted  by  the 
Institute,  December  20,  1928,  and  revised  to  date  as  set  forth  in 
Schedule  "  C  ",  or  as  furtlier  revised  by  the  Institute  subject  to  the 
disapproval  of  the  Administrator.  The  properties  of  all  such  joists 
shall  be  in  accordance  with  the  Simplified  Practice  Recommendation 
R94—30  of  the  Bureau  of  Standards,  Department  of  Commerce,  and 
revisions  thereof,  except  that  steel  joists  having  a  wooden  nailing 
strip  attached  to  the  top  chord  and  joists  for  special  purposes  outside 
of  the  range  of  spans  and  depths  covered  in  such  Recommendation 
1194—30  ma}^  be  designed  and  manufactured  according  to  each  man- 
ufacturer's standards  of  size  and  capacit3^ 

Sectiox  2.  (a)  On  and  after  the  effective  date  all  quotations  of 
lump  sum  bids  for  steel  joists,  accessories,  and/or  slab  centering 
materials,  including  nailer  joists  and  special  joists  outside  of  the  range 
of  Simplified  Practice  Recommendation  R94— 30  (all  of  which  joists, 
accessories  and  materials  are  hereinafter  sometimes  collectively  re- 
ferred to  as  steel  joist  materials)  shall  be  made  in  accordance  with 
the  Code  of  Standard  Practice  of  the  Steel  Joist  Industry  adopted 
April  T,  1931,  and  revised  to  date  as  set  forth  in  Schedule  "  D  ", 
unless  otherwise  agreed  as  provided  in  paragaph  11,  "SCOPE  "  of 
Section  1  of  such  Schedule  "  D  ",  except  that  notwithstanding  the 
foregoing  provisions  of  this  Section,  all  such  quotations  of  lump  sum 
bids  for  steel  joist  materials  shall  in  any  event  comply  with  the  pro- 
visions of  paragraphs  3.1  and  3.2  of  said  Code  of  Standard  Practice. 

(b)  The  term  "  list  base  price  "  of  any  steel  joist  materials  means 
the  price  for  any  such  material  f.o.b.  basing  point. 

Section  3.  (a)  No  member  of  the  Industry  shall  sell  or  contract 
to  sell  any  steel  joist  materials  for  a  less  price  than  his  published 
list  base  price  plus  transportation  charges  as  provided  herein. 

(b)  The  following  places  shall  be  the  basing  points  for  steel 
joist  materials  and  shall  be  used  and  adhered  to  by  each  member  of 
the  Industry  in  publishing  his  list  base  prices,  except  as  such  basing 
points  may  be  revised  by  the  Code  Authority  or  by  the  Administrator 
after  consultation  with  the  Code  Authority:  Pittsburgh,  Pennsyl- 
vania; Chicago,  Illinois;  Birmingham,  Alabama. 

(c)  Each  member  of  the  industry  shall  file  with  a  confidential  and 
disinterested  agent  of  the  Code  Authority  or,  if  none  be  appointed  by 
the  Code  Authorit3%  then  with  such  an  agent  designated  by  the 
Administrator,  schedules  showing  a  list  base  price  for  each  variety, 
style  and  size  of  steel  joists,  accessories,  and  slab  centering  materials, 
including  nailer  joists  and  special  joists  outside  of  the  range  of  Sim- 
plified Practice  Recommendation  R94-30,  manufactured  and  sold  by. 
him  and  also  his  charges  for  trucking  hereinafter  in  this  article 
referred  to  as  '  price  terms  ',  which  schedules  shall  completely  and 
accurately  conform  to  and  represent  the  individual  pricing  practices 
of  said  member.  Said  price  terms  shall  in  the  first  instance  be  filed 
within  ten  (10)  days  after  the  date  of  approval  of  this  Code.  Price 
terms  and  revised  price  terms  shall  be  filed  upon  forms  prepared 


72     ' 

Dy  the  Code  Authority  and  shall  become  effective  immediately  upon 
receipt  thereof  by  such  a<2;ent.  Immediately  upon  receipt  thereof  said 
agent  shall  by  t<^le<iraph  or  other  equally  prompt  means  notify  said 
member  of  the  time  of  such  receipt.  Such  schedules  and  revisions, 
together  with  the  effective  time  thereof,  shall  upon  receipt  be  immedi- 
ately and  simultaneously  distributed  to  all  members  of  the  Industry 
and  to  all  of  their  customers  who  have  applied  therefor  and  have 
offered  to  defra}'  the  cost  actually  incurred  by  tlie  Code  Authority  in 
the  preparation  and  distribution  thereof  and  shall  be  available  for 
inspection  b}^  any  of  their  customers  at  the  office  of  such  airent.  Said 
schedules  or  revisions  or  any  part  thereof  shami  not  be  made  available 
to  any  person  until  released  to  all  members  of  the  Industry  and  their 
customers  as  aforesaid;  i)rovided,  that  prices  filed  in  the  first  instance 
shall  not  be  released  until  the  expiraton  of  tlie  aforesaid  ten  (10)  day 
period  after  the  approval  of  this  Code.  The  Code  Authority  shall 
maintain  a  permanen.t  file  of  all  price  terms  filed  as  herein  provided, 
and  shall  not  destroy  any  part  of  such  records  except  upon  written 
consent  of  the  Administrator.  Ui)on  request  the  Code  Authority 
shall  furnish  to  the  Administrator  or  any  duly  designated  agent  of 
the  Administrator  copies  of  any  such  schedules  or  revisions  of  price 
terms. 

(d)  When  any  member  of  the  Industry  has  revised  his  schedule 
of  price  terms,  such  revision  shall  remain  in  effect  for  a  period  of 
not  less  than  twenty  (20)  days,  subject,  however,  to  the  right  of  such 
member  of  the  Industry  to  file  a  new  or  revised  schedule  at  some 
earlier  date  to  meet  the  published  prices  or  trucking  charges  of 
another  member  of  the  Industry.  All  sucli  schedules  filed  as  herein 
provided  shall  be  open  to  inspection  at  all  reasonable  times  by  any 
one  having  interest  therein  including  purchasers  and  prospective 
purchasers. 

(e)  No  memljer  of  the  Industry  shall  sell  or  offer  to  sell  any  steel 
joist  materials,  except  in  accordance  with  such  price  terms  to  which 
shall  be  added  the  all-rail  published  tariff  freight  charges  from  the 
basing  point  on  v.hich  such  list  base  price  or  prices  is  or  are  based 
to  the  place  of  delivery,  or  if  such  place  of  delivery  shall  be  at  the 
basing  point,  the  published  tariff  switching  charges;  provided 
however,  that  in  any  case  in  which  such  steel  joist  materials  shall  be 
delivered  by  other  than  all-rail  transportatii^n,  the  member  of  the 
Industry  selling  such  joist  materials  may  allow  to  the  purchaser  a 
reduction  in  the  delivered  price  otherwise  chargeable  under  this 
Article  V  at  a  rate  which  shall  have  been  previously  publyished  and, 
after  approval  by  the  Code  Authority,  filed  with  the  Secretary.  In 
the  case  of  materials  being  used  in  the  erection  of  a  definite  structure 
tlie  freight  charges  shall  be  computed  to  the  nearest  railway  freight 
siding  but  if  the  materials  are  actually  delivered  to  the  job  the 
trucking  charges  shall  be  added.  In  case  the  total  of  joists  and 
accessories  constitute  less  than  a  carload  lot,  the  freight  charges 
shall  be  computed  in  accordance  with  the  less  tliaii  carload  lot  rate. 

(f)  No  member  of  the  Industry  shall  enter  into  any  agreement, 
understanding,  combination  or  conspiracy  to  fix  or  maintain  ])rice 
terms,  nor  cause  or  attempt  to  cause  any  member  of  the  Industry  to 
change  his  price  terms  by  the  use  of  intimidation,  coercion,  or  any 
other  influence  inconsistent  with  the  maintenance  of  the  free  and 
open  market  which  it  is  the  pupose  of  this  article  to  create. 


73 

(g)  Each  member  of  the  Industry  shall  file  with  the  Secretary,  as 
the  agent  of  the  Code  Authority,  on  or  before  the  effective  date  of 
this  Code  and  thereafter  maintain  on  file  a  full,  correct,  and  up  to 
date  list  of  the  names  and  addresses  of  all  agents  or  other  persons 
to  whom  such  member  allows,  pays,  or  is  under  contract  to  pay  any 
commission,  bonus,  or  other  compensation  based  on  the  volume  or 
value  of  steel  joist  materials  sold,  except  salaried  employees  devoting 
their  full  working  time  to  the  service  of  such  member  of  the  Indus- 
try. Such  member  shall  also  list  and  maintain  wdth  the  Secretar}^, 
as  the  agent  of  the  Code  Authority,  a  full,  correct,  and  up  to  date 
list  of  the  amounts  of  all  such  commissions,  bonuses,  and  other  forms 
of  compensation  as  specified  in  the  preceding  sentence  to  be  paid 
to  each  such  ]:)erson,  and  such  member  shall  in  no  case  make  any 
payment  of  any  commission,  bonus,  or  such  other  form  of  compen- 
sation at  a  rate  that  shall  be  greater  in  amount  than  the  respective 
commissions,  bonuses,  or  other  such  forms  of  compensation  that  shall 
be  so  listed,  nor  shall  any  such  member  make  any  other  payment  or 
grant  any  allowance  in  the  form  or  discount  or  otherwise  for  the 
purpose  of  inducing  the  purchase  or  sale  of  steel  joist  materials  to 
anyone  whomsoever  except  to  employees  devoting  their  full  working 
time  to  the  service  of  sucli  member.  All  lists  filed  pursuant  to  the 
provisions  of  this  paragraph  (g)  shall  be  open  to  the  inspection  of 
any  member  of  the  Industry  at  any  reasonable  time.  The  Code 
Authority  shall  have  full  power  to  determine  whether  any  such 
commissions,  bonuses,  or  other  forms  of  remuneration  referred  to  in 
this  paragraph  (g)  paid  by  any  member  of  the  Industry  have  been 
used  by  any  agent  of  such  member  of  the  Industry  or  by  any  other 
person  to  whom  such  member  allows,  pays,  or  is  under  obligation  to 
pay  any  commission,  bonus,  or  other  compensation  as  a  means  of 
effecting  a  departure  from  any  ])ublished  price  of  such  member,  and 
if  the  Code  Authority  shall  so  determine,  it  shall  notif}^  all  members 
of  the  Industry  of  its  determination  and,  subject  to  a  review  of  such 
determination  by  the  Administrator,  thereafter  no  member  of  the 
Industry  shall  deal  in  any  way  with  such  agent  or  other  person.  No 
contract  or  arrangement  for  the  payment  of  any  commission,  bonus, 
or  other  compensation  referred  to  in  this  Section  other  than  those  in 
effect  on  the  effective  date  of  this  Code  shall  become  effective  until 
twenty  (20)  days  after  the  filing  of  the  list  hereinbefore  provided 
for. 

(h)  Any  fjuotation,  contract  of  sale,  or  sale  made  by  any  agent  of 
any  member  of  the  Industry  or  by  an}^  other  person  to  whom  such 
member  shall  allow,  pa}^,  or  shall  be  under  contract  to  pay  any  com- 
mission, bonus,  or  other  compensation  based  on  the  volume  or  value 
of  steel  joists  or  accessories  sold  shall  be  made  in  the  name  of,  and 
on  behalf  of,  such  member  of  the  Industry  by  such  agent  or  other 
person. 

(i)  After  an  increase  in  the  published  prices  of  any  member  of  the 
Industry,  such  member  may  make  a  contract  of  sale  at  his  published 
price  in  effect  immediately  prior  to  such  increase,  provided  such 
member  shall  have  filed  with  the  Secretary  on  or  before  the  effective 
date  of  such  increase  a  copy,  in  such  form  as  may  be  required  by 
the  Code  Authority,  of  a  provisional  contract  with  the  purchaser. 
Such  provisional  contract  sliall  require  that,  in  the  event  such  pur- 


74 

chaser  shall  be  awarded  the  contract  under  a  bid  submitted  by  such 
purchaser  whereby  such  purchaser  sliall  be  obligated  to  a  third  party 
if  the  bid  is  accepted,  such  purchaser  shall  purchase  the  steel  joist 
materials  covered  by  such  contract  within  thirty  (30)  days  (except 
where  the  requirements  of  governmental  invitations  to  bid  call  for 
a  longer  periml)  after  the  effective  date  of  such  increase  in  published 
prices  and  shall  use  such  steel  joist  materials  in  the  construction  of 
the  identified  project  referred  to  in  such  bid. 

Section  4.  Ksti mating. —  (a)  Each  member  of  the  Industry  which 
directly  or  through  agents  shall  submit  a  lump  sum  bid  on  a  specified 
project  located  in  a  district  in  which  a  quantity  Estimating  Bureau 
has  been  established  or  approved  by  the  Code  Authority  and  involv- 
ing more  than  five  tons  of  steel  joists,  exclusive  of  accessories,  shall 
purchase  from  such  Bureau  an  estimate  of  quantities  of  steel  joists, 
accessories  and  slab  centering  materials  including  nailer  joists  and 
special  joists  required  on  such  project.  Each  member  of  the  In- 
dustry selling  steel  joist  materials  in  each  such  district  shall  deposit 
a  copy  of  his  individual  current  price  list  currently  applicable  in 
such  district  with  such  Bureau,  and  such  Bureau  shall  apply  the 
price  lists  of  the  individual  member  of  the  Industry  to  the  various 
items  and  kinds  of  materials  included  in  the  Bureau's  estimate  on 
any  specified  project.  All  estimates  shall  be  kept  on  file  in  the 
Estimating  Bureau  and  shall  be  subject  to  examination  of  all  mem- 
bers of  the  Industry  and  the  Administrator  after  contracts  have 
been  awarded. 

(b)  No  member  of  the  Industry  shall  guarantee  any  quantity  or 
lump  sum  or  maximum  sales  price  for  steel  joist  materials  re- 
quired on  a  project  involving  more  than  five  tons  of  steel  joists,  ex- 
clusive of  accessories,  and  located  in  a  district  in  which  a  (quantity 
Estimating  Bureau  has  been  established  or  approved  b}^  the  Code 
Authority  except  the  quantity,  lump  sum  or  maximum  price  secured 
by  such  member  from  such  Bureau. 

(c)  The  Secretary  shall  prepare  a  form  of  schedule  for  the  pres- 
entation and  tabulation  of  the  individual  published  prices  and  truck- 
ing charges  by  each  member  of  the  Industry,  for  purposes  of  filing 
witli  the  confidential  and  disinterested  agent  of  tlie  Code  Authority 
referred  to  in  paragraph  (c)  of  Section  3  of  this  Article  V  and 
with  properly  authorized  estimating  Bureaus. 

Section  5.  Backcharges. —  (a)  No  backcharge  or  other  refund  or 
allowance  of  a  claim  of  any  purchaser  shall  be  granted  or  paid  by 
any  member  of  the  Industry  if  the  purpose  or  effect  thereof  is  to 
effect  a  secret  or  discriminatory  allowance,  or  an  unearned  discount 
from  any  published  price. 

(b)  A  statement  of  each  backcharge,  refund  or  allowance  for  claim 
granted  or  paid  by  any  member  of  the  Industry  shall  be  filed  with 
the  Secretary  in  such  form  and  at  such  time  as  may  be  required  by 
the  Code  Authority. 

Section  6.  Services. — Where  any  member  of  this  Industry  ren- 
ders, procures  and  arranges  for,  directly  or  indirectly,  any  service 
whatsoever  in  connection  with  the  sale  or  contract  for  sale  of  any 
steel  joist  material,  such  member  of  the  Industry  must  ])ublish  his 
price  for  such  service,  file  such  price,  and  adhere  to  all  conditions 
m  this  Code  set  forth  as  applying  to  the  sale  of  steel  joist  materials, 


75 

as  if  such  services  were  in  fact  steel  joist  materials;  provided  that  all 
erection  services  rendered  by  any  meiniber  of  the  Industry  shall  be  in 
full  compliance  with  the  labor  and  other  applicable  provisions  of  the 
appropriate  Code  covering  such  services. 

SEcnoN  7.  Discounts. — All  steel  joist  materials  shall  be  invoiced 
in  terms  of  net  cash  within  thirty  (30)  days  of  the  date  of  invoice 
and  the  maximum  rate  of  discount  for  early  paj-ment  shall  be  one- 
half  of  one  percent  (V2  of  1%)  of  the  invoiced  value  of  such  mate- 
rials if  the  invoice  of  such  materials  shall  be  paid  within  ten  (10) 
days  from  the  date  of  such  invoice;  provided,  however,  that  anj^ 
member  of  the  Industry  may  allovr  such  discount  of  one-half  of 
one  percent  (1/0  of  1%)  for  payment  within  ten  (10)  days  on  the 
basis  of  settlements  twice  in  each  month  as  follows : 

(a)  On  invoices  dated  from  the  1st  to  the  15th,  inclusive,  of  any 
month,  such  discount  may  be  allowed  on  pajanent  of  snch  invoices  on 
or  before  the  25th  of  such  month ; 

(b)  On  invoices  dated  from  the  16th  to  the  end  of  any  month 
such  discount  may  be  allowed  on  payment  of  such  invoices  on  or  be- 
fore tlie  10th  of  the  next  following  month. 

Any  discount  allowed  in  accordance  with  the  provisions  of  this 
Article  shall  apply  only  to  the  invoiced  value  of  the  materials  speci- 
fied or  service  rendered  therein  and  not  to  any  part  of  the  transpor- 
tation charges  on  such  materials. 

If  any  member  of  the  Industry  shall  allow  credit  to  any  purchaser 
or  allow  any  purchaser  to  delay  payment  in  respect  of  any  invoice  for 
a  period  longer  than  thh'ty  (30)  days  from  date  of  invoice,  then  such 
member  shall  charge  interest  at  the  rate  of  six  per  centum  per  annum 
on  the  unpaid  balance,  or  if  the  legal  rate  of  interest  shall  be  less 
than  six  percent  (G%),  at  the  legal  rate. 

Section  8.  Nothing  in  this  Article  contained  shall  be  deemed  to 
apply  to  or  aifect  the  sale  of  any  steel  joist  material  for  direct  ship- 
ment in  export  trade  by  any  member  of  the  Industry  within  the 
meaning  of  the  term  "  export  trade  "  as  it  is  used  in  the  Export 
Trade  Act,  or,  unless  and  to  the  extent  that  the  Code  Authority  shall 
otherAvise  determine,  the  sale  of  any  product  by  any  such  member  for 
direct  shipment  to  the  Philippines,  Hawaii  or  Porto  Rico  or  other 
insular  possessions  of  the  United  States  of  America. 

Section  9.  Unfair  Practices. — For  all  purposes  of  the  Code  the 
following  acts  shall  constitute  unfair  practices  and  shall  be  deemed 
to  be  unfair  methods  of  competition  in  commerce  within  the  mean- 
ing of  the  Federal  Trade  Commission  Act  as  amended,  and  the  using 
or  employing  of  any  of  them  shall  be  deemed  to  be  a  violation  of  the 
Code,  and  any  member  of  the  Industry  which  shall  directly  or  in- 
directly through  any  officer,  employee,  agent  or  representative  use 
or  employ  any  of  such  unfair  practices  shall  be  guilty  of  a  violation 
of  the  Code. 

(a)  No  member  of  the  Industiy  shall  give,  permit  to  be  given, 
or  offer  to  give  anything  of  value  for  the  purpose  of  influencing  or 
rewarding  the  action  of  any  employee,  agent  or  representative  of 
another  member  of  the  Industry  in  relation  to  the  business  of  the 
employer  of  such  employee,  the  principal  of  such  agent  or  the  repre- 
sented party,  without  the  knoAv ledge  of  such  employer,  principal 
or  party.    Commercial  bribery  provisions  shall  not  be  construed  to 


76 

I^rohibit  free  and  general  distribution  of  articles  commonl}'^  used  for 
advertisiui;  except  so  far  as  such  article*;  are  actually  used  for 
commercial  briber}'  as  hereinabove  defined. 

(b)  Procuring,  otherwise  than  with  the  consent  of  any  member  of 
the  Industry,  any  information  concerning  the  business  of  such  mem- 
ber which  is  pr()i)erly  regarded  by  it  as  a  trade  secret  or  confidential 
within  its  organization,  other  than  information  relating  to  a  viola- 
tion of  any  provisions  of  the  Code. 

(c)  Imitating  or  simulating  any  mark  or  brand  used  by  any 
other  member  of  the  Industry,  when  such  imitat  on  or  simulation  is 
calculated  to  or  may  mislead  or  deceive  purchasers  or  prospective 
purchasers. 

(d)  Using  or  substituting  any  material  superior  or  inferior  in 
quality  to  that  specified  by  the  specifier  and  purchaser  of  any  steel 
joist  material  or  using  or  substituting  any  material  or  an}''  method  of 
manufacture  not  in  accord  wath  any  applicable  law,  rule  or  regula- 
tion of  any  governmental  authority. 

(e)  Cancelling  in  whole  or  in  ])art,  or  permitting  the  cancellation 
in  whole  or  in  part  of  any  contract  of  sale  of  any  steel  joist  material, 
except  for  a  fair  consideration. 

(f)  Paying  or  allowing  or  offering  to  any  purchaser  in  connec- 
tion with  the  sale  of  any  steel  joist  material  any  rebate,  commission, 
credit,  discount,  adjustment,  gratuity,  gift  or  similar  concession 
other  than  as  is  permitted  by  the  Code  and  specified  in  the  contract 
of  sale. 

(g)  Disseminating,  publishing  or  circulating  any  false  or  mis- 
leading information  relative  to  any  steel  joist  material  or  price  for 
any  product  of  any  member  of  the  Industry,  or  the  credit  standing 
or  ability  of  any  memV^er  tliereof  to  perform  any  work  or  fabricate 
or  produce  any  steel  joist  material,  or  to  the  conditions  of  employ- 
ment among  the  employees  of  any  member  thereof. 

(h)  Inducing  or  attempting  to  induce  by  any  means  any  party  to 
a  contract  with  a  member  of  the  Industry  to  violate  such  contract. 

(i)  Aiding  or  abetting  any  person,  firm,  association  or  corporation 
in  any  unfair  practice  prohibited  under  this  Code. 

(j)  iMaking  or  giving  to  any  purchaser  of  any  steel  joist  material 
any  guaranty  or  protection  in  any  form  against  decline  in  the  market 
price  of  such  steel  joist  material. 

(k)  Stating  in  the  in\M)ice  of  any  steel  joist  material  as  the  date 
thereof  a  date  later  than  the  date  of  shipment  of  such  steel  joist 
material,  or  including  in  any  invoice  any  steel  joist  material  shipped 
on  a  date  earlier  than  the  date  of  such  invoice.  In  the  case  of  lump 
sum  contracts,  the  invoices  of  partial  shipments  shall  be  at  least 
proportionate  to  the  shipments. 

(I)  iMaking  any  sale  or  contract  of  sale  of  any  steel  joist  material 
under  any  desc-ription  which  does  not  fully  describe  such  steel  joist 
material  in  terms  customarily  used  in  the  Industry. 

(m)  iMaking  any  misrepresentations  as  to  the  quality,  quantity, 
origin,  or  other  material  condition  of  any  steel  joist  material  or 
service. 

(n)  Where  different  steel  joist  materials  are  contracted  for  sale 
or  bid  on  at  the  same  time  or  for  the  same  job,  failure  to  itemize 


77 

steel  joist  and  other  materials  as  required  pursuant  to  Article  V, 
Section  2  (a),  shall  be  an  unfair  trade  practice. 

(o)  Submission  of  more  than  one  bid  or  quotation  whether  verbal 
or  written  to  any  purchaser  or  prospective  purchaser  on  any  speci- 
fied material  on  a  definite  project,  except  (1)  in  the  event  of  a 
material  change  in  the  plans  and  specifications  of  the  project,  or 
(2)  in  the  event  that  such  bid  or  quotation  has  not  been  accepted  in 
the  period  named  for  acceptance  in  such  bid  or  quotation,  (3)  in 
tlie  event  of  a  decrease  in  the  published  prices  of  the  producers  of 
the  raw  material  in  question,  notification  of  which  shall  have  been 
given  by  the  Secretary  to  the  members  of  the  Industry.  Xothing 
in  this  ride  shall  be  deemed  to  prevent  a  member  of  the  Industry  from 
correcting  any  typographical  or  other  unintentional  mistake  provided 
that  notice  of  any  such  correction  shall  first  be  given  to  the  Secretary. 

(p)  Acceptance  of  any  form  of  paper  or  security  in  payment  at 
more  than  the  true  value  thereof. 

(q)  Any  offer  or  agreement  to  finance  any  purchaser  of  steel  joist 
materials  other  than  the  extension  of  credit  for  materials  sold  by 
the  member  of  the  Industry  extending  such  credit. 

(r)  The  shipment  of  any  foreign  steel  not  marked  in  accordance 
with  the  requirements  of  the  Treasury  Department  of  the  United 
States  with  the  full  name  of  the  country  of  origin  on  each  piece; 
provided,  however,  that  this  rule  shall  not  be  applicable  to  stocks  of 
foreign  steel  in  the  possession  of,  or  owned  by  members  of  the 
Industry  and  actually  in  this  country  at  the  effective  date  of  the 
Code  and  listed  with  the  Secretary  on  or  before  such  date,  who  shall 
also  be  notified  of  all  shipments  from  such  stocks  and  the  date  they 
are  exhausted. 

(s)  Entering  into  contracts  for  steel  joist  materials  without 
actual  obligation  on  the  part  of  the  buyer  to  purchase  any  specific 
quantit}"  for  delivery  either  within  a  specified  time,  or  for  any 
j)articular  job  or  jobs. 

(t)  Making  the  acceptance  of  a  separately  jjriced  material  other 
than  steel  joists  and  accessories  in  a  quotation,  or  the  making  of 
another  quotation  for  other  than  steel  joists  and  accessories,  contin- 
gent upon  the  acceptance  of  a  quotation  for  steel  joist  material. 

(u)   To  ship  or  receive  steel  joist  materials  on  consignment. 

(v)  To  render  or  secure  inspection  services  (except  regular  mill 
test  reports)  at  other  than  the  actual  and  customary  rate  charged 
for  such  inspection  services  by  established  inspection  organizations. 

Section  10.  Penalties  and  damages.— Kny  violation  of  any  pro- 
visions of  the  Code  by  any  member  of  the  Industry  shall  constitute 
a  violation  of  the  Code  by  such  member  and  shall  subject  such 
member  to  the  full  statutory  penalties  by  the  applicable  statutes 
made  and  provided;  provided,  however,  that  the  following  additional 
damages  shall  be  assessable  against,  and  the  following  paragraphs  of 
this  Section  10  shall  apply  only  to  such  members  of  the  Industry  as 
shall  have  signed  and  delivered  to  the  Secretary  a  letter  substantially 
in  accordance  with  the  form  contained  in  Schedule  B  attached  hereto 
and  provided  further  that  no  member  of  the  Industry  failing  to 
sign  such  letter  of  assent  shall  be  denied  any  of  his  full  rights,  priv- 
ileges and  benefits  under  this  code  as  long  as  the  same  by  the  terms 
hereof  shall  continue  in  effect. 


78 

(a)  Reconrnizinf;:  that  the  \'iolation  by  any  member  of  the  In- 
dustry of  any  provision  of  the  Code  will  disrupt  the  normal  course 
of  fair  competition  in  the  Industry  and  cause  serious  damage  to  mem- 
bers of  the  Code  and  that  it  may  be  difficult  fairly  to  assess  the 
amount  of  such  damage  to  any  member  of  the  Code  or  the  public, 
it  is  hereby  agreed  by  and  among  all  members  of  the  Code  that 
each  member  of  the  Code  who  shall  violate  any  such  provision  shall, 
unless  otherwise  specified  by  the  Code  Authority,  pay  to  the  Code 
Authority,  in  trust,  as  and  for  lif{uidated  damages  the  sum  of  ten 
dollars  ($10.00)  per  ton  of  any  steel  joist  materials,  or  twenty  per- 
cent {20'}i )  of  the  entire  sales  price  of  any  contract  for  sale  of  steel 
joist  nuiterials,  whichever  is  the  larger,  sold  or  contracted  for  sale 
by  such  member  in  violation  of  any  such  provision. 

(b)  Upon  the  complaint  of  any  member  of  the  Code  that  any  act 
of  any  member  of  tlie  Code  ccmstitutes  an  unfair  practice  under  the 
Code,  the  Code  Authorit}^  i^^ay  provide  for  the  investigation,  hear- 
ing and  decision  of  such  comphaint  through  such  conunittce,  im- 
partial tribunal  or  otherwise  as  it  may  from  time  to  time  determine 
and  except  as  otherwise  in  this  Article  provided,  the  Code  Authority 
or  such  committee  or  other  tribunal  may  assess  such  liquidated 
danuiges  or  other  jx'ualty  or  take  such  other  action  to  refer  the  com- 
])laint  to  the  Administrator  or  such  other  governmental  authority  as 
it  may  deem  necessary  or  desirable  in  order  to  effectuate  the  policy 
of  the  Act  or  the  provisions  of  this  Code. 

(c)  All  amounts  so  paid  or  collected  under  this  Article  shall  be 
used  by  the  Code  Authority  for  the  more  eifective  administration 
and  application  of  the  Code  and  may  be  applied  pro  rata  in  the 
reduction  of  the  assessments  of  all  members  of  the  Code  hereinbe- 
fore provided  for. 

(d)  Anything  in  the  Code  to  the  contrary  notwithstanding,  the 
Code  Authority  b}^  the  affirmative  vote  of  two-thirds  of  the  wdiole 
Code  Authority  may  waive  any  liability  for  or  reduce  the  amount 
of  any  liquidated  damages  imposed  by  or  pursuant  to  any  provision 
of  the  Code  for  any  violation  of  any  provisions  thereof,  if  in  its 
descretion  it  shall  decide  that  such  violation  was  innocently  made  or 
that  there  were  extenuating  circumstances  and  that  the  collection  of 
such  damages  will  not  to  an}^  material  extent  tend  to  effectuate  the 
I^olicy  of  the  Act. 

Article  VI — IModifications 

1.  This  Code  and  all  the  provisions  thereof  are  expressly  made 
subject  to  the  right  of  the  President,  in  accordance  with  the  provi- 
sions of  subsection  (b)  of  Section  10  of  the  National  Industrial  Re- 
covery Act,  from  time  to  time  to  cancel  or  modify  any  order,  ap- 
proval, license,  rule  or  regulation  isued  under  Title  I  of  said  Act  and 
specifically,  but  without  limitatioUj  to  the  right  of  the  President  to 
cancel  or  modify  his  approval  of  this  Code  or  any  conditions  imposed 
by  him  ui)on  his  approval  thereof. 

2.  This  Code,  except  as  to  provisions  required  by  the  Act,  may 
be  modified  on  the  basis  of  experience  or  changes  in  circumstances, 
such  modification  to  be  based  upon  application  to  the  Administrator 
by  the  Code  Authority  and  such  notice  and  hearing  as  he  shall  spec- 
ify, and  to  become  effective  on  his  approval. 


79 

Article  VII — Monopolies 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  monop- 
olies or  monopolistic  practices,  or  to  eliminate,  oppress  or  discriminate 
against  small  enterprises. 

Article  VIII — Effective  Date 

This  Code  shall  become  effective  on  the  second  Monday  after  its 
approval  by  the  President. 

Article  IX 

Whereas  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  impossible  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price 
increases  except  such  as  may  be  required  to  meet  the  seller's  individ- 
ual cost  should  be  delayed,  and  that  such  increases  when  made  should, 
so  far  as  possible,  be  limited  to  actual  additional  increases  in  the 
seller's  costs. 

Article  X 

The  Code  shall  continue  in  effect  until  June  16,  1935,  or  until  any 
earlier  date  upon  which  the  Act  shall  cease  to  be  in  effect  or  until 
the  members  of  the  Code  shall  excercise  in  the  manner  hereinafter 
provided,  the  power  which  they  hereby  reserve  to  terminate  the 
Code  at  any  time  after  the  expiration  of  sixty  (GO)  days  from  the 
effective  date  of  the  Code  by  the  agreement  of  ninety  per  cent  (90%) 
of  all  the  members  of  the  Code  to  such  termination.  Such  agi'eement 
shall  be  evidenced  in  writing  and  shall  take  effect  ten  (10)  days  after 
the  date  of  its  submission  to  the  President.  Upon  the  termination 
of  the  Code  in  the  manner  hereinbefore  provided,  all  obligations  and 
liabilities  under  the  Code  shall  cease,  except  those  for  unpaid  assess- 
ments theretofore  made  in  accordance  v^dth  the  provisions  of  the 
Code  and  those  for  liquidated  damages  wliich  may  have  theretofore 
accrued  under  any  provisions  of  the  Code.^ 

Approved  Code  No.  495. 
Registry  No.  1142-06. 


1  Amended.     See  paragraph  2  (3)  of  order  approving  this  Code. 


SCHEDULE  A 
Hours  of  LAnou,  Hates  of  Pay  and  Other  Conditions  of  Employment 

Section  1.  Except  iu  tlie  case  of  executives,  those  eiuployeil  in  supervisory 
capacities  and  in  technical  wurli,  receiving  $35.00  per  week  or  over,  and  tlioso 
eniployt'd  in  emergency  worlv  involving  hrea^cdowns  or  requiring  the  protection 
of  life  and  property,  none  of  the  nienil>ers  of  the  Industry,  except  as  hereinafter 
providtnl.  shall  cause  or  permit  any  cmiiloyee  to  worlc  more  than  40  hours 
per  week  excepting  that  during  periods  of  seasonal  activity  a  maximum 
working  period  of  48  hours  per  week  may  ho  permitted  durhig  not  more  than 
six  weeks  iu  any  one-Iuilf  calendar  year  beginning  January  1st,  or  July  1st, 
respectively.  No  employee  shall  he  required  or  permitted  to  work  more  than 
8  hours  in  any  one  day  nor  more  than  6  days  in  any  one  week.  After  the 
date  <)f  the  employment  by  any  member  of  the  Industiy  of  any  employee  such 
member  shall  not  knowingly  permit  such  employee  who  also  shall  have  per- 
formed work  for  one  or  more  other  employers  to  work  for  such  member  sucli 
number  of  hours  as  would  result  in  a  violation  of  the  Code  had  all  such  work 
been   i)erformed  for  such   member. 

Section  '2.  For  the  purposes  of  this  Schedule  the  wage  districts  described 
in  Section  4  of  this  Schedule  A  have  bi'en  established. 

SiXTioN  3.  (a)  Until  changed  by  amendment  of  the  Code  as  hereinbefore 
in  Article  VI  provided,  the  minimum  rates  of  pay  per  hour  which  shall  be 
paid  by  members  of  the  Industry  for  common  labor  in  the  Industry  iu  the 
respective  wage  districts  descrilied  in  Section  4  shall  be  the  rates  set  forth 
in  Section  5  of  this  Schedule  A.  None  of  the  members  of  the  Industry  shall 
Iiay  any  employee,  except  as  noted  below,  in  its  employ  in  the  Industry  in  any 
such  district  any  ra*^e  of  pay  less  than  the  rate  specified  for  such  district  in 
Section  5,  and  any  violation  of  this  provision  of  tb.e  Code  shall  be  deemed 
an  unfair  practice.  Such  rat.es  of  pay  shall  not,  however,  be  understood  to 
be  the  maximum  rates  of  pay  for  their  respective  distiicts.^ 

(b)  In  the  case  of  employees  performing  work  for  which  they  are  paid 
per  piece  of  work  performed,  the  minimum  rate  of  pay  which  each  member 
of  the  Industry  shall  pay  such  employee  for  such  work  shall  produce  at  least 
the  minimum  rate  of  pay  per  hour  provided  in  this  Cotle  for  the  same  class 
of  labor  at  such  plant. 

•  (c)  No  person  employed  in  clerical  or  office  work  shall  be  paid  less  than 
$15.00  per  week,  or  be  permitted  to  work  more  than  40  hours  in  any  one  week 
or  more  than  8  hours  in  any  day,  except  tliat  blueprinting  and  errand  employees 
may  be  paid  not  less  than  80%  of  the  above  sum,  provided  that  the  number 
of  such  employees  paid  less  than  the  minimum  shall  not  exceed  5%  of  the  total 
employees  covered  by  this  paragraph. 

(d)  In  no  c^ase  shall  any  member  of  the  Industry  avoid  or  evade  the  labor 
provisions  of  this  Code  by  contracting  his  work  to  any  per.son  subject  to  labor 
regulations  less  stringent  than  those  provided  in  this  Code. 

(e)  Overtime. — Any  employee  (except  watchmen)  working  on  Sundays,  legal 
liolidays  or  beyond  8  consecutive  hours  per  day  or  40  hours  per  week  (except 
as  permitted  herein)  shall  be  paid  not  less  than  one  and  one-half  (1^/^)  times 
his  normal  rate  for  such  overtime  work. 

(f)  Persons  employed  only  as  watchmen  may  be  employed  not  more  than  56 
hours  in  any  week  nor  more  than  6  days  in  any  week  or  10  hours  in  any  day. 

(g)  A  foreman  who  during  slack  business  periods  functions  as  a  working 
foreman  shall  be  exempt  from  the  limitations  of  working  hours  insofar  as  his 
executive  duties  require. 

(h)  llV/j/c  adjust tiicnt. — There  shall  be  an  equifal)le  adjustment  of  all  wages 
above  the  minimum  and  to  that  end,  within  thirty  (30)  days  after  the  effective 
date  of  the  Code,   the  Code  Authority   shall   submit  for  the  approval  of  the 


•Amended.     See  paragraph  2  (2)  of  order  approving  tbis  Code. 

(80) 


81 

Administrator,  a  proposal  for  the  adjustment  of  wages  above  the  niiniiuHm. 
Upon  approval  of  any  such  plan  by  the  Administrator,  after  such  public  bearing 
as  lie  may  prescribe,  such  plan  sliall  become  binding  as  a  part  of  this  Code; 
proridcd,  however,  that  in  no  event  shall  hourly  rates  of  pay  be  reduced. 
Section  i.^  The  description  of  the  wage  districts  is  as  follows : 

1.  Eastern  District. — Comprises  that  part  of  the  United  States  which  is 
north  of  the  State  of  Virginia  and  east  of  a  line  drawn  north  and  south  through 
the  most  easterly  point  of  Altoona,  Pennsylvania ;  that  part  of  the  State  of 
Maryland  which  is  west  of  such  line ;  and  the  Counties  of  Monongalia.  Taylor 
Preston,  Randolph.  Tucker,  Pendleton,  Grant,  Mineral,  Hardy,  Hampshire, 
Morgan,  Berkeley,  Mason,  and  Harrisun  in  the  State  of  West  Virginia. 

2.  Johiistoicn  District. — Comprises  Cambria  County  and  the  City  of  Altoona 
in  the  State  of  Pennsylvania. 

3.  Pittsburgh  District. — Compiises  the  Counties  of  Warren,  McKean,  Forest, 
Elk,  Clarion,  Indiana.  Somerset,  Westmoreland,  Fayette,  Greene,  V/ashington, 
Allegheny,  Beaver,  Butler,  Armstrong,  and  Jefferson  and  that  remaining  part 
of  the  State  of  Pennsylvania  which  is  west  of  a  line  drawn  north  and  south 
through  the  most  easterly  point  of  Altoona,  except  the  parts  which  are  included 
in  the  Eastern,  Johnstown,  and  Youngstowu  Valley  Districts  and  including  tliat 
part  of  the  County  of  Clearfield  west  of  such  line. 

4.  Yoiifi(jstotni  VaUey  District. — Comprises  the  Counties  of  Lawrence,  Mer- 
cer, Crawford,  and  Venango  in  the  State  of  Pennsylvania,  and  the  Counties  of 
Trumbull,  Mahoning,  and  Columbia  in  the  State  of  Ohio. 

5.  North  Ohio  River  D ist)-ict. ^-CompYises  the  cities  along  the  Ohio  River 
north  of  the  City  of  Parkersbui-g,  West  Virginia,  and  the  Counties  of  Bel- 
mont, Harrison,  Monroe,  and  Jefferson  in  the  State  of  Ohio  and  the  remainder 
of  the  State  of  West  Virginia  which  is  not  included  in  the  Eastern  and 
South  t)hio  River  Districts. 

6.  Ciinto)i,  MassiUon,  and  Mansfield  District. — Comprbses  the  remainder  of 
the  State  of  Ohio  which  is  not  includetl  in  the  Cleveland,  Youngstowu  Valley, 
Detroit-Toledo,  North  Ohio  River,  and  South  Ohio  River  Districts. 

7.  Cleveland  District. — Comprises  the  Counties  of  Ashtabula,  Geauga,  Lake, 
Cuaylu)ga,  and  Lorain  in  the   State  of  Oliio. 

8.  Buffalo  District. — Comprises  that  part  of  the  State  of  New  York  west 
of  a  line  drawn  north  and  south  through  the  most  easterly  point  of  Altoona, 
Pennsylvania,   and  Erie  County   in   the   State  of  Pennsylvania. 

9.  Detroit-Toledo  District. — Comprises  the  Counties  of  Seneca,  Wood,  Huron, 
Sandusky,  Ottawa,  Williams,  Fulton,  Henry,  Defiance  and  Lucas  in  the 
State  of  Ohio  and  the  State  of  Michigan. 

10.  South  Ohio  River  District. — Comprises  the  State  of  Kentucky,  the  City 
of  Parkersburg,  West  Virginia,  and  cities  along  the  Ohio  River  south  of  said 
City,  the  Counties  of  Guernsey,  Muskingum,  Jackson,  Noble,  Washington, 
Morgan,  Athens,  Meigs.  Vinton,  Gallia,  Lawrence,  Scioto,  Adams,  Brown,  Cler- 
mont, Hamilton,  and  Butler  in  the  State  of  Ohio  and  the  County  of  Wood  in 
the  State  of  West  Virginia. 

11.  Indiana -Illinois-Ht.  Louis  District. — Comprises  all  the  State  of  Indiana, 
except  the  County  of  Lake ;  all  the  State  of  Illinois,  except  the  Counties 
of  Lake  and  DuPage,  and  the  Chicago  Switching  District  ^  all  of  tlie  Stata 
of  Missouri  except  Jack.son  County,  all  of  the  State  of  Wisconsin,  except  the 
Counties   of   Milwaukee,    Racine,    and    Kenosha ;    and    the    State   of    Iowa. 

12.  Chicayo  District. — Comprises  the  Cliicago  Switching  District;  the  Coun- 
ties of  Lake  and  DuPage  in  the  State  of  Illinois ;  the  County  of  Lake  in  the 
State  of  Indiana ;  and  the  Counties  of  Kenosha,  Racine,  and  Milwaukee  in  tho 
State  of  Wisconsin. 

18.  Southern  District. — Comprises  all  that  part  of  the  United  States  south 
of  the  States  of  Maryland,  West  Virginia.  Kentucky,  :Missouri,  Kan.sas,  and 
Colorado  and  south  and/or  east  of  the  State  of  New  Mexico,  but  does  not 
include  the  County  of  Jefferson  in  the  State  of  Alabama. 

14.  Birmingham  District. — Comprises  tlie  County  of  Jefferson  in  the  State 
of  Alabama. 

l.~i.  Kan.sas  City  District. — Comprises  the  County  of  Jackson  in  the  State  of 
Missouri,  and  the  States  of  Kansas  and  Nebraska. 

H).  Duluih  District. — Comprises  the  States  of  Minne.sota,  South  Dakota  and 
North  Dakota. 

17.  Colorado  District. — Comprises  the  State  of  Colorado.    . 


»  Deleted.      See  paragraph  2   (1)  of  order  approving  this  Code. 


82 

18.  U\^ah  District. — Comprises  the  State  of  Utah. 

10.  Krattlr  District. — Comprises  the  States  of  Washington,  Oregon,  Idaho, 
Montana,  and  Wj-oming. 

20.  Snn  Francisco  District. — Comprises  the  Counties  of  Monterey,  Kings, 
Tuliire,  I'resiio,  Madera,  INIariposa,  Tnolnnme.  and  Alpine  in  the  State  of 
California  and  all  the  State  of  California  north  of  these  Counties  and  that 
portion  of  the  State  of  Nevada,  north  of  a  line  drawn  due  east  from  the  inter- 
section of  the  Mono  County,  California  line  and  the  Nevada  State  Line. 

21.  Los  Angeles  District.— {"oinin-'iaeA  the  Counties  of  Inyo,  Mono,  San  Luis 
Ohispo.  and  Kern  in  the  State  of  California  and  all  of  the  State  of  California 
south  of  these  Counties,  that  portion  of  the  State  of  Nevada  south  of  a  lino 
drawn  due  east  fnun  the  inter.vection  of  the  Mono  County,  California  Line  and 
the  Nevada  State  Line,  and  the  States  of  Arizona  and  New  Mexico. 

Sfxtion  5.'  The  minimum  rate  of  pay,  as  noted  in  Section  3  of  this  Schedule, 
shall  he  as  follows : 

District  Cents  per  hour 

1.  Eastern  district B5 

2.  Jolmstown    district 37 

3.  Pittsl>urgii    district 40 

4.  Youn.c;stown    Valley    district 40 

5.  North  Ohio  River  district 40 

6.  Canton.   Massillon,  and  Mansfield  district 37 

7.  Cleveland    district 40 

8.  Buffalo  district 38 

9.  Detroit-Toledo    district 40 

10.  South  Ohio  River  district 37 

11.  Indiana-Illinois-St.  Louis  district 37 

12.  Chicago    district 40 

13.  Southern    district . 25 

14.  Birmingham    district 27 

15.  Kansas  City  di.^trict 35 

16.  Duluth    district 37 

17.  Colorado    district 40 

18.  I3lah    district , 39 

19.  Seattle   district 38 

20.  San    Francisco    district 37 

21.  Los  Angeles  district 35 


•Deleted.     See  paragraph  2   (1)   of  order  approving  this  Code. 


SCHEDULE  B 

Form  of  Lettbr  of  Assetnt  to  the  Code 

To  (he  SFCBErrABT  of  Steel  Joist  In.sttttjte:, 

Dime  Bank  Building,  Detroit,  Michigan. 

Da\R  Sib:  The  undersigned,  desiring  to  become  a  member  of  the  Code  of  Fair 
Competition  for  the  Steel  Joist  Industiy,  a  copy  of  which  is  annexed  hereto  and 
marktd  Annex  A,  hereby  assents  to  all  of  the  provisions  of  said  Code  (herein- 
after referred  to  as  the  Cotle),  including  the  provisions  of  Section  10  of  Article 
V,  and  effective  as  of  the  date  on  which  the  Code  shall  have  been  approved 
by  the  President  or  as  of  the  date  on  which  this  letter  shall  have  been  delivered, 
if  delivery  thereof  shall  have  been  made  subsequent  to  the  date  on  which  the 
Code  shall  have  been  approved  by  said  President  as  aforesaid,  by  the  signing 
and  delivery  of  this  letter  becomes  a  member  of  the  Code  and  effective  as 
aforesaid  hereby  agi-ees  with  every  person,  firm,  association  and  corporation 
who  shall  then  be  or  thereafter  become  a  member  of  this  Code,  that  the  Code 
shall  constitute  a  valid  and  binding  contract  between  the  undersigned  and  all 
such  other  members. 

For  all  purposes  of  the  Code,  the  address  of  the  undersigned,  until  written 
notification  of  change  shall  be  filed  with  you,  shall  be  as  set  forth  at  the  foot 
of  this  letter. 

Very  truly  yours, 


Name  of  Company 

Name  ol  Officer 

Address 


(83) 


SCHEDULE  O 

Standard   Stecifi cations   For  Stej-:l  Joists 

Adopted  by  the  Steel  Joist  Institute,  December  20,  192S.     Effective  February  1, 
1029.     Revised  December  12,  1933 

1.  D(finitiov,».^Auy  steel  beam  or  truss  shaped  steel  member  suitable  for 
supporting  floors  and  roofs  when  used  for  floor  filling  between  the  main  sup- 
porting girders,  beams  or  wiills,  shall  be  known  as  a  steel  joist.  Such  joists 
may  be  made  of  rolled  shaped  or  strips  of  sheet  steel,  round  bars,  angles  or 
specially  rolled  bars  riveted  or  welded  together,  or  by  expanding  rolled  shapes, 
or  by  any  other  method  conijilying  with  the  refjuirements  of  this  article. 

2.  Maicrials. — All  steel  used  shall  conform  to  the  standards  of  the  American 
Society  for  Testing  Materials  for  stnictural  sleel  for  building  designated  as 
A9-2!).' 

All  joists  shall  receive  one  coat  of  good  paint  by  dipping  or  spraying  before 
leaving  the  shop. 

3.  Connections. — The  joints  and  connections  of  all  steel  joists  shall  be  made 
by  connecting  the  members  directly  to  one  another  by  electric-arc.  spot  or 
pressure  welds  or  by  rivets.  In  the  case  of  expanded  joists,  a  portion  of  the 
metal  may  be  left  intact  to  form  a  connection.  All  joints  and  connections  shall 
be  capable  of  withstanding  a  stress  at  least  three  (3)  times  the  designed  stress 
and  shall  be  sufficiently  rugged  to  resist  the  stresses  incident  to  handling  and 
erection  when  handled  in  a  reasonable  nuinner.  All  intermediate  joints  shall  be 
designed  so  as  to  be  as  symmetrical  as  jiosslble  and  in  no  case  shall  the  eccen- 
tricity of  any  such  joint  exceed  thrtH'-quarters  ('Yi)  of  the  least  diameter  of 
the  largest  bar  connected,  but  end  niendxu's  may  be  designed  as  projecting 
beams.  Stresses  arising  from  eccentricity  shall  be  includetl  with  other  stresses 
in  designing  all  members. 

NoTT':. — Experience  shows  that  the  stress  arising  from  careless  handling 
is  much  greater  than  that  sustained  by  the  connection  while  working  at 
full  load. 

4.  Methods  of  Design  and  Stresses. —  (a)  Steel  joists  having  solid  webs  shall 
be  designed  as  beams.  The  maximum  fibre  stress  in  tension  and  compression 
shall  not  exceed  eighteen  thousand  (18.000)  pounds  per  square  inch.  The 
maximum  distance  from  any  part  of  eompressiim  flange  to  the  web  shall  not 
exceed  thirty  (30)  times  the  thickness  of  the  flange  metal.  The  web  shear 
shall  not  excetn^l  that  allowed  in  the  Standard  Specifications  of  the  Ameri- 
can Institute  of  Steel  Construction  published  December,  1027.  Webs  made  of 
two  or  more  sheets  of  metal  shall  be  considered  as  seinirate  members,  each 
carrying  its  share  of  the  shear. 

(b)  Steel  joists  built  up  of  bars  or  other  sections  and  those  fabricated  by  ex- 
panding rolled  sections  shall  be  designed  as  trusses.  The  compression  stresses  in 
l)0unds  per  square  ineli  in  the  top  chord  or 

18  000 
diagonals  shall  not  exceed  15,000  nor  — ^i 

1+ 


I8,ooor 

when  the  Jength,  1,  of  the  member  is  taken  as  the  distance  cleft  r  of  welds  or 
other  attachments,  and  r  is  the  least  radius  of  gyration  in  the  case  of  diagonal 
and  vertical  mend)ers  and  the  radius  of  gyration  of  the  top  chord  or  any  com- 
ponent part  thereof.  The  top  chord  shall  be  considered  t()  be  stayed  laterally 
at  fianel  points,  by  the  slab  above.  The  ratio  of  1  to  r  shall  not  exceed  120. 
In  comi)Uting  the  resistance  of  joists  to  construction  loads  as  required  in  Sec- 
tion 7,  the  t(jp  cho)-d  shall  satisfy  the  additional  requirements  that  it  shall  safely 
carry  the  required  compression  using  1  as  the  distance  between  lines  of  bridg- 
ed) 


85 

iug  and  r  as  the  least  radius  of  gyration  around  the  vertfcal  axis  but  the  ratio 
of  1  to  r  in  this  case  may  be  not  exceeding  2lX>.  No  bending  stresses  shall  he 
assumed  in  top  chords  of  trusses  supporting  poure<l  concrete  slabs  which  have 
a  thickness  of  more  than  one-fourteenth  (Yn)  of  the  distance  between  vertical 
supports  under  the  tup  cliord.  but  for  joints  supporting  concrete  slabs  thinner 
than  this  and  joists  supporting  wood  flooi-s,  the  theoretical  bending  stress  for  a 
uniform  load  shall  be  computed  and  subtracted  from  the  allowable  stress  at  the 
center  of  the  panel.  Combhied  axial  compression  and  bending  stress  at  points 
of  vertical  support  of  the  top  chord  shall  not  exceed  eighteen  thousand  (18,000) 
pounds  per  square  inch.  The  unit  tenside  stress  shall  not  exceed  eighteea 
thousand    (18.000)   iwunds  in  any  member. 

Note. — This  paragraph  does  not  require  that  bending  stress  shall  be 
figured  if  a  concrete  slab  two  (2)  or  more  inches  thick  is  used  with  woo4l 
sleepers  embedded  as  described  in  section  9,  paragraph  (b)  and  (c)  of  this 
specification,  nor  does  it  require  bending  stresses  to  be  figured  when  a  wood 
sleeper  parallel  to  the  joist  and  resting  on  top  of  the  joist  is  of  sufficient 
size  to  satisfactorily  carry  the  loads  from  panel  point  to  panel  point. 

5.  Span. — The  span  of  joists  having  an  all  steel  top  chord  shall  not  exceed 
five  hundred  and  fifty  (550)  times  the  radius  of  gyration  of  the  top  chord  iu 
a  plane  i>ei-pendicular  to  the  web  of  the  joist,  but  in  case  the  top  chord  con- 
sists of  a  flat  top  section  continuous  with  a  center  web,  the  radius  of  gyration 
of  the  top  plate  alone  shall  be  taken.  In  the  case  of  joists  having  a  top 
chord  of  steel  with  a  wood  mailing  strip  attacked,  the  span  shall  not  exceed 
one  hundred  sixty  (160)  times  the  total  width  of  the  top  chord.  The  span 
shall  not  exceed  twenty-four  (24)  times  the  depth  of  the  steel  portion  of  the 
joist. 

6.  Spacing. — The  spachig  of  the  joists  shall  not  be  greater  than  the  safe 
span  of  the  top  slab  or  flooring  over  the  joists,  and  in  no  case  shall  be  greater 
than  twenty-four  (24)  inches  in  floors  and  thirty  (30)  inches  iu  roofs,  except 
that  steel  joists  may  be  used  to  support  wood  or  sheet  metal  roofs  only  if 
not  over  seven    (7)   feet  apart. 

7.  Erection. — Joists  shall  have  a  l>earing  of  at  least  four  (4)  inches  on 
masonry  or  reinforced  concrete,  and  at  least  two  and  one-half  (2^^)  inches 
on  steel.  The  unit  bearing  pressure  on  masonry  and  concrete  shall  not  exceed 
two  hundred  (200)  pounds  per  square  inch,  and  on  steel  shall  not  exceed  one 
thousand  (1,000)  pounds  per  square  inch.  Every  third  joist  shall  be  anchored 
to  concrete  or  masonry  support  with  an  anchor  equivalent  to  a  three-eighths 
(%)  inch  round.  The  ends  of  all  joists  supported  on  masonry  walls  shall  be 
bedded  in  mortar.  All  joists  supported  on  steel  beams  shall  be  secured  with 
a  hook  made  of  not  less  than  three-sixteenths  (  A )  inch  bar  fastened  over  the 
flange  of  the  beam,  except  iu  the  case  of  buihlings  having  a  height  of  more 
than  twice  the  least  dimension  of  the  base,  in  which  case  each  joist  shall  be 
welded  to  the  steel  work  with  two  (2)  welds  at  ench  end.  each  one  (1)  inch 
long,  or  by  means  of  a  one-half  (lA)  inch  bolt  or  rivet  at  each  end.  In  the 
case  of  all  joists  which  are  not  either  welded,  bolted  or  rivetetl  to  supports  the 
top  lath  or  other  top  slab  centering  shall  be  cut  away  to  permit  concrete  or 
top  slab  to  fill  space  around  joists  and  seal  ends. 

All  joists  shall  be  fastened  in  place  and  permanent  bridging  installed  before 
any  construction  loads,  except  the  weight  of  the  necessary  workmen  to  install 
bridging,  is  placed  upon  the  joists. 

The  joists  when  erected  and  bridged  shall  be  capable  of  safely  sustaining 
a  load  of  eight  hundred  (800)  pounds  at  any  panel  joint  on  any  one  joist. 

Note. — In  all  framed  structures,  the  frame  should  be  designed  to  carry 

all  wind  load  without  assistance  from  the  floor  construction.     In  the  case, 

however,  of  relatively  high  slender  buildings,  it  is  provided  that  the  joists 

shall  be  welded  to  supports  to  give  stiffness.     In  the  case  of  relatively 

low  buildings,  this  is  not  necessary  and  it  is  provided  only  that  the  joists 

shall  be  hooked   over  supports   to   guard   against   accidental   dislodgment 

during  erection.     In  the  case  of  fires,  the  greatest  part  of  the  damage  is 

due  to  the  expansion  of  structural  members.     In  the  case  of  steel  joists, 

expansion  across  the  run  of  joists  is  of  course  impossible,  and  by  leaving 

the  ends  free,  expansion  in  the  direction  of  the  joists  will  be  rendered 

harmless. 

Refore  being  bridged,  steel  joists  cannot  be  expected  to  sustain  considerable 

loads,  especially  moving  loads  common  in  building  constniction.     Loading  of 

unstayed  joists  may  easily  result  in  construction  accidents. 


86 

S.  Bridfiing. — As  soon  as  joists  have  boon  eroctod,  bridging:  shall  bo  installed 
between  them  before  the  application  of  constrnction  loads.  This  bridsiUfT  shall 
be  adequate  to  safely  support  the  top  ihord  asainst  lateral  movement  during 
the  construction  period  and  shall  hold  the  joists  in  an  approximately  vertical 
plane  passini;  throiijih  the  bearings.  If  diajional  bridginj;  is  used  in  which  all 
diagonal  members  will  resist  only  tension,  they  sb-iU  not  be  less  in  area  than 
a  three-sixteenth  (  I'rs )  incli  round  rod,  and  these  diagonals  shall  be  supple- 
mented by  a  continuous  strut  bclween  the  top  chords  of  all  joists  so  bridged. 
This  top  strut  shall  be  equivalent  as  a  strut  to  a  half-inch  round  steel  bar. 
If  diagonal  members  are  used  which  are  capid)le  of  resisting  Ixith  tension  and 
compression,  the  top  strut  may  be  omirted,  but  positive  provision  must  be 
made  at  the  end  of  each  run  of  bridging  to  hold  the  tirst  two  joists  in  a 
vertical  plane.  These  diagonal  struts  shall  be  capable  of  transferring  five 
huudred  (5(10)  pounds  from  each  joist  to  the  adjoining  joists.  In  case  bridging 
in  the  form  of  horizontally  placed  beam  or  angle  sections  is  provided,  it  must; 
be  adequate  to  transfer  not  le.'s  than  five  hundred  (5tX))  pounds  from  each 
joist  to  the  adjoining  joists  without  apjireciable  deflection,  and  it  must  also  be 
so  connected  to  the  joists  that  it  will  supjtort  the  top  chords  against  lateral 
movement  and  hold  the  joists  approximately  in  a  vertical  plane.  Fourteen 
(14)  gauge  wire  diagonals  shall  be  used  to  secure  the  bottom  chord  at  each  lino 
of  bridging  of  this  type.  Wire  may  be  omitted  when  a  portal  bridging  is  used 
which  restrains  both  top  and  bottom  chords  and  transmits  the  load  required 
herein. 

The  number  of  lines  of  bridging  provided  shall  bo  in  accinnlance  with  the 
following  table : 

Span  Number  of  Lines  of  Bridj^'ing 

Up  to  14  feet One  row,  near  center 

34  to  21  feet Two  rows  approximately  %  span  apart 

21  to  82  feet Tiu-ee  rows 

In  the  case  of  joists  provided  with  nailer  strips  carrying  a  wood  deck,  the 
wood  deik  may  be  used  as  the  toji  mend)er  of  the  bridging  system. 

1).  f/.vcs-  of  Steel  Joiat.s. —  (a)  When  used  in  any  construction  where  wood 
joists  are  permitted,  steel  joists  may  have  a  woo<l  nailing  strip  attached  to  the 
top  chord  and  a  wood  floor  may  be  used  over  such  joists. 

(!))  One  hour  fire  resistance:  Steel  joists  with  or  without  a  wood  nailing 
strip  above,  when  protected  with  a  ceiling  of  metal  lath  and  jilaster  three- 
quarters  {%)  inch  thick  may  be  used  wherever  a  one  hour  fire  resistance  is 
lequired.     A  wood  top  floor  may  be  use(4  in  such  cases. 

(c)  Two  liour  fire  resistance:  Steel  joists  protected  with  a  ceiling  of  metal 
lath  and  gypsum  or  portland  cement  plaster  at  least  three-quarters  (%)  inch 
thick  may  be  used  wherever  a  two  honr  fire  resistance  is  required.  Joists  for 
this  inirpose  shall  not  have  any  wood  nailing  strip  attached  thereto  and  shall 
be  covered  with  a  toi»  slab  of  concrete  at  least  two  (2)  inches  thick  cast  upon 
metal  lath  or  other  incombustible  material.  Wood  nailing  strips  may  be  em- 
bedded in  tills  concrete  slab  if  protected  on  the  bottom  with  not  less  than  one 
(1)   inch  of  concrete. 

(d)  Three-hour  fire  resistance:  Steel  joists  protected  with  a  ceiling  of 
metal  lath  and  gyi)suni  or  portaiid  cement  plaster  at  least  one  (1)  inch  thick 
may  l)e  used  wliere  a  three  hour  fire  resistance  is  required.  Joists  for  this  pur- 
pose shall  not  have  any  wood  attached  and  shall  be  covered  on  top  by  at  least 
two  and  one-half  (2M;)  inches  of  solid  concrete.  No  wood  nailing  strii)s  shall 
be  used  in  such  toj)  slab. 

(e)  F(nir-bour  fire  resistance:  Steel  joists  protected  on  the  bottom  with  a 
poui-od  or  precast  reinforced  gypsum  slab  not  less  than  two  (2)  inche.s  thick 
and  otherwise  in  accordance  with  paragraph  (d)  above  may  be  used  wherever 
a  four-hour  fire  resistance  is  recpiired. 

NoTK. — Tests  made   by   (he   Bureau   of   Standards   show   that   ten    (10) 
pounds  of  wood,  paper  or  other  combustible  are  required  for  each  square 
foot  of  floor  space  to  sustain  a  fire  equivalent  in  intensity  to  a  one-hour 
stand;ird   fire  test.     Similarly,    twenty    (20)    pounds   of   combustibh^    will 
produce  a  two-hour  fiie,  thirty  (.10)  pounds  a  three-hour  and  about  thirty- 
seven   CM)   i)ounds  a  four-hour  fire. 
In  order  that  a  structure  may  safely  resist  the  complete  burning  of  its  con- 
tents,  it   is   only   necessary   that   all   the   elements   of   the   construction    should 
tsafely  withstand  a  fire  slightly  greater  than  the  maximum  that  can  be  supported 


87 

by  its  total  contents.  Usually,  a  factor  of  safety  of  one  and  one-half  (li^) 
Is  used  based  upon  the  average  combustible  contents. 

The  combustible  contents  of  the  following  occupancies  including  wood  floor 
finish,  trim  and  doors  is  ordinarily  not  greater  than  ten  (lU)  pounds  so  that 
a  two-hour  protection  would  give  a  more  than  ample  factor  of  safety :  Dwell- 
ings, apartments,  liotels,  hospitals,  schools,  colleges,  theatres,  (except  stage), 
churches,  assembly  halls,  lodge  halls,  offices  (except  record  storage)  and  manu- 
facturing buildiiigs  used  for  labricating  metal  or  other  incombustible  materials. 
Storage  rooms  in  any  of  the  above  occupancies,  such  as  locker  rooms  in  apart- 
ments, carpentry  shops  in  hotels  and  hospitals  and  record  vaults  in  oflices, 
will  often  contain  considerably  more  combustible  than  this  and  should  be 
l)rotected  for  a  four-hour  tire. 

Mercantile  buildings,  factories  and  warehouses  vary  considerably  in  com- 
bustible contents  and  are  usually  protected  for  a  three  or  four  hour  period. 
No  mention  is  made  of  the  protection  to  beams  and  colunms  which  are  outside 
of  the  province  of  this  stantlard. 

10.  Decks  a>id  Top  8lah.s. — Decks  or  top  slabs  of  wood,  concrete,  gypsum  or 
other  material  shall  be  assumed  to  stay  the  top  chords  of  joists  laterally  but 
shall  not  be  assumed  to  carry  any  part  of  the  compression  stress. 

Flat  wood  decks  of  single  thickness  of  seven-eighths  (%)  inch  material  shall 
not  have  a  span  of  more  than  twenty  (20)  inches  for  floors,  or  thirty  (30) 
inches  for  roofs,  and  those  uiade  with  one  and  tive-eighths  (1%)  inch  material 
shall  not  have  a  span  of  more  than  five  (5)  feet  in  any  case.  All  such  decks 
shall  be  securely  fastened  to  the  wood  nailer  strips. 

Toured  structural  slabs  of  concrete,  gypsum  or  other  material  shall  not  be 
less  than  two  (2)  inches  thick.  They  shall  be  poured  uixju  three-eighths  (%) 
incii  riiibed  metal  hub  weighing  not  less  than  four  (4j  pounds  per  yard  tor 
spans  not  exceeding  twenty-four  (24)  inches  and  upon  three-quarters  (%.) 
inch  rib  lath  weighing  not  less  than  .46  jwunds  per  .square  foot  for  spans  not 
exceeding  thirty  (30)  inches.  The  ribs  of  rib  lath  shall  not  be  more  than 
six  (G)  inches  on  centers.  Other  incombustible  material  at  least  equivalent 
in  strength  and  stiffness  may  be  used  in  place  of  lath.  This  lath  or  other 
centering  shall  be  attached  by  substantial  clips  or  soft  wood  wedges  to  the  top 
chord  of  each  joist  at  intervals  of  not  over  eight  (8)  inches.  When  no  wooden 
top  floor  is  to  be  placed  over  such  slabs,  they  shall  be  adequately  reinforced 
witli  mesh  or  rods  in  addition  to  the  lath  to  safely  resist  both  positive  and 
negative  bending  with  due  allowance  for  probable  load  concentrations. 

Note. — No  material  should  be  used  as  centering  for  the  top  slab  which 
must  be  stretched  across  the  top  chord  of  joists  or  vvhich  will  exert  an 
undue  lateral  pull  on  the  top  chords  of  the  joists  during  the  pouring  of 
concrete. 

11.  Dc/levtion. — The  deflection  due  to  the  designed  live  load  shall  not  exceed 
one  three  hundred  and  sixtieth  (1/360)  of  the  span.  The  i^ermanent  deflection 
resulting  from  b.ading  a  finished  floor  to  twice  the  designed  live  load  for 
twelve  (12)  hours  .shall  not  exceed  twenty  (20)  percent  of  the  total  deflection 
for  this  load. 

12.  I'avior  of  safely. — The  maximum  total  load  at  failure  shall  not  be  less 
than  two  (2)  times  the  total  designed  load  of  joists  as  computed  by  using 
the  stresses  permitted  herein  when  tested  with  bridging  and  top  slab  using  a 
uniform  load. 

Note. — Steel  joists  are  not  intended  to  act  as  structural  membei-s  except 
as  temporary  suiiporting  members  during  construction.  With  steel  joists 
just  as  in  the  case  of  wood  joists,  the  lateral  support  of  the  top  deck  is 
an  essential  element  of  construction.  The  performance  of  a  steel  joist 
floor  construction  can  only  be  determined  by  applying  the  top  deck  and 
testing  with  a  uniform  load.  Concrete  decks  of  quick  setting  cement  can 
be  tested  at  the  end  of  24  hours. 


SCHEDULE  D 

Code  ok  Standard  pRAcncE  op  the  Steel  Joist  iNbTiruTE 
Adopted   April    7,    lltSl.     RivistMl    DecniahtT    12,   1U33 

8EX:TI0N    1.    GENERAL 

1.1.  Scope. — The  practices  and  customs  contained  in  this  cede  are  in 
accordaiKc  with  frond  engineering;  practice,  tend  to  secure  safety  in  steel  joist 
construction,  and  are  standard  witliin  the  industry.  Tliis  code  is  made  a  part 
of  every  contract  between  the  I'uyer  and  Seller  of  steel  joists  and  accessories 
thereto  unless  specilic  provision  to  the  contrary  is  made.  This  code  contem- 
phates  the  Seller  as  a  company  manufacturing  steel  joists  but  without  any 
resi)onsibilities  in  the  matter  of  erecting  them.  Whenever  the  Seller  sliall 
contract  to  erect  the  joists  he  shall  assume  the, usual  ol»ligations  of  a  sub- 
contractor in  addition  to  the  obligation  set  forth  herein. 

1.2.  AppUcotioii. — Tliis  Ccxle  of  Standard  Practice  is  to  govein  as  a  standard 
in  those  cases  where  the  provisions  of  building  codes,  architects'  and  engineers' 
jilans  and  specifications,  or  contracts  are  not  complete  or  clear.  There  shall 
be  no  contiict  between  this  code  an<l  any  legal  building  regulation;  this  Code 
shall  only  supplement  and  amplify  such  laws. 

1.8.  Dcnifjii. — In  the  ab.'^ence  of  ordinances  or  specifications  to  the  contrary, 
all  designs  shall  Ite  in  accordance  with  the  Standard  Specifications  of  the  Steel 
Joist  Institute  adofited  December  20,  1928,  and  as  .subseiiuently  amended,  and 
all  stresses  shall  be  in  accordance  with  the  latest  Standard  Specification  of  the 
American  Institute  of  Steel  Construction. 

1.4.  P/ow.s-  for  Bidding. — IMans  to  serve  as  a  basis  for  bids  shall  be  complete 
as  to  location  of  all  bearing  walls,  steel  and  concrete  supporting  members,  floor 
oiK?nings.  i«irtitions  and  otlier  dead  loads,  and  the  material  and  thickness  of 
floor  or  roof  deck  and  ceiling  shall  be  siKH-ified. 

1.5.  Rcsixini^ihility  for  Dcsiyn  and  Erection.— When  details  of  design  are  speci- 
fietl  the  Seller  shall  assume  no  responsibility  other  than  to  furnish  all  steel 
joist  materials  specified.  When  details  of  design  are  not  specified  the  Seller 
shall  fuinish  all  materials  i-equired  in  this  Code.  In  neither  case  shall  the 
Seller  as.sume  any  responsibility  for  the  erection  of  the  materials  furnished. 

section    2.    APPLICATION 

TV^hen  the  floor  or  roof  deck  is  of  concrete,  all  joists  fumislied  f»hall  be 
fabricated  entirely  of  steel  and  shall  conform  to  the  standards  of  the  Steel 
Joist  Institute  and  United  States  Department  of  Commerce  Simplified  Practice 
Rc»commendation  No.  K  94-30.  Wheii  the  floor  or  roof  deck  is  of  wocxl  or  sheet 
metal,  steel  joists  having  a  wood  nailing  strip  attached  may  bo  provided.  (The 
Institute  has  establisheil  no  standards  for  such  joist.s.) 

BEC-nON   3.    ESTIMATING 

3.1.  Complete  Pinna  and  Specififntion.i. — When  plans  are  complete  ns  to  all 
materials   requircnl,    estimates   shall    include   such    of   the   following   items   as 
are  si)ecified  and  no   otliers,  and   shall  be  quoted  as  estimate  on   joists  and 
accessories : 
Joists. 

Ceiling  extensions  if  necessarj'  for  properly  supporting  ceiling  lath. 
Bridging. 

Wall  and  beam  anchors. 
Joist  l)earing  plates  if  necessary. 

Materials  for  framing  all  openings  not  exceeding  four  (4)  feet  at  right 
angles  to  run  of  joists  unless  otherwise  specified.  Beveled  plates  or 
other  means  of  attachment  for  roof  or  ramp  rakes. 

(88) 


89 

The  following  shall  be  quoted  as  separate  items: 

Top  lath  or  other  i)ermaneut  centering  for  concrete  decks. 
Top  lath  clips. 

Screed  chairs  if  to  be  attached  to  joists. 

Clamps  to  hold  metal  docking  against  wind  uplift  and  stay  top  chords  of 
joists  when  metal  decks  are  to  be  supported  on   steel  joists,   unless 
specified  to  be  furnished  by  seller  of  deck. 
When  the  following  items  are  specified  they  may  be  estimated  but  shall  be 
quoted  as  a  separate  item : 
Ceiling  lath. 
Clips  for  attaching  ceiling  lath. 

3.2.  Incomplete  Plans  and  Specifi-i-ations. — When  plans  and  specifications  are 
incomplete  in  any  particular,  estimate  shall  include  such  material  as  is  required 
by  the  provisions  of  paragraphs  3.3  to  3.9  and  estimates  .shall  be  segregated  and 
quoted  as  required  in  paragraph  3.1. 

3.3.  Joists,  Location  and  Spacinr/. — All  joists  shall  be  designed  according,  to 
the  Steel  Joist  Institute  Standards  and  tht'  maximum  spacing  shall  not  exceed 
the  requirements  of  the  Standard  Specifications  of  the  Steel  Joist  Institute. 
Also  the  spacing  shall  not  be  greater  than  that  which  will  give  a  calculated 
total  carrying  capacity  at  least  equal  to  that  required  in  this  section.  In  all 
cases  there  shall  be  one  typical  joist  not  more  than  four  (4)  inches  in  the 
clear  from  each  end  wall  or  other  self-supporting  walls  parallel  to  run  of 
joists.  Where  partitions  extend  parallel  to  run  of  joists  there  shall  be  at 
least  one  typical  joist  provided  under  each  such  partition  and  more  than  one 
such  joist  shall  be  provided  if  necessary  to  Siifely  support  the  weight  of  such 
partition  and  the  adjacent  floor  less  the  live  load  on  a  strip  of  floor  one  foot 
in  width.  Where  partitions  extend  across  run  of  joists  their  weight  shall  be 
ineUuled  in  the  dead  load  as  required  in  paragraph  3.9.  In  spacing  joists,  tie 
beams  in  steel  frame  buildings  shall  not  be  considered  as  taking  the  place 
of  a  joist  unless  the  resisting  moment  of  the  tie  beam  Is  at  least  as  great  as 
that  of  a  typical  joist. 

3.4.  Bridying. — All  bridging  shall  bo  a  bridging  complying  with  the  Standard 
Specifications  of  the  Steel  Joist  Institute.  No  estimate  shall  be  based  upon 
wire  bridging. 

3.5.  Floor  Lath. — The  amount  of  lath  estimated,  shall  be  15  i>ercent  more  than 
the  total  area  of  floors  and  roof  within  walls  after  deducting  all  openings  in 
excess  of  100  square  feet  in  area.  The  lath  shall  meet  the  Standard  Specifica- 
tions of  the  Steel  Joist  Institute.  p]nough  lath  clips  shall  be  estimated  to 
attach  lath  at  intervals  of  eight  inches  on  each  joist. 

3.G.  Ceilinr/  Lath. — No  ceiling  lath  shall  be  included  in  estimate  unless  it  is 
definitely  specified,  in  which  case  it  shall  be  qvioted  as  required  by  the  Metal 
Lath  Code. 

3.7.  Temperature  Reinforcing. — Where  wood  finished  floors  are  specified,  no 
temperature  steel  shall  be  included  in  estimate  unless  specified.  For  all  other 
tj'pes  of  floor  finish  terajperature  steel  equivalent  to  ^4  inch  rounds  12  inches  on 
centers  both  perpendicular  and  parallel  to  run  of  joists  shall  be  provided,  or 
mesh  of  equivalent  sectional  area. 

3.8.  Special  Details. — The  following  items  shall  not  be  estimated: 

Frame  materials  for  openings  more  than  4  feet  wide  at  right  angles  to  run  of 
joists.    All  such  framing  shall  be  in  structural  steel. 

Shelf  angles  and  clip  angles  required  on  steel  work  for  support  of  joists. 

3.9.  Loads. — The  loads  to  be  used  in  designs  shall  be  not  less  than  the  follow- 
ing and  in  no  case  less  than  the  actual  load  when  such  load  is  definitely  known. 

Dead  load. — Joists,  actual  weight  but  not  less  than  3  pounds  per  square  foot 
of  floor  area. 

Concrete  floors,  12  pounds  per  inch  of  thickness  per  square  foot  of  floor  area. 

Gelling  not  less  than  9  pounds  per  square  foot  of  floor  area. 

Wood  floor  finish  not  less  than  3  pounds  per  square  foot  of  floor  area. 

Any  special  dead  load  for  machinery,  pipes  or  other  details  shall  be  included 
as  specified  by  architect. 

Partitions. — The  weight  of  partitions  shown  upon  plans  shall  be  taken  a.s 
follows  in  pounds  per  square  foot: 

Not  plastert'd  Plastered 

3  inch  tile 16  24 

4  "       "    18  26 

6     "       "    25  33 


90 

Xot  plastered         riastcred 

3  inch  gvpsuiu 1-  24 

4  "            ••         16  24 

(J     '•            "         24  32 

4     "    brick 40  48 

8     "        "     SO  88 

Wo(Xl   stud (Wood  lath)    12 

"    (Metal  lath)    18 

Wlien  partitions  are  not  detiiiili'ly  shown  on  plans  tlio  followin.i;  loads  in 
pounds  per  square  loot  of  llin.r  area  sh;ill  be  used  for  the  purposes  of  making 
estimates : 

Sfhools,  churches.  the;:tres.  auditoriums.  .c'iii'f'RP!^-  None. 

Apartments,  residences,  parish  houses  anil  similar  buildings.     15  pounds 

per  scpiiii-o  foot. 
Oftices,  liotels,  hospitals,  asylums,  college  dormitories  and  similar  build- 
injrs.     20  pounds  per  square  fiiot. 
Live  loads. — Live  loads  used  in  desiirn  shall  he  in  accordance  with  architect's 
specification,  local  or  state  regulations.     lu  absence  of  all  these  the  minimum 
live  load  used  shall  be  as  follov.s: 

Pounds 

Apartments 40 

Asseml)ly  halls  (fixed  seats) 80 

Assend)ly  halls  (movable  .seats) 125 

Attics    (not  used  for  habitation  or  storage) 30 

Churches   (ttxed  seats) 80 

Churches   (movable  seats) 125 

Dance  and  Drill  halls 150 

Dwellings 40 

Garages   (The  joists  in  garage  floors  shall  not  be  spaced  more  than  IS 

inches  apart  and  the  top  slab  shall  not  be  less  than  3  Inches  thick) 125 

Hospitals,   asylums,   convents   and   detention   buildings    (bed   and   living 

room  floors ) 40 

Same  (public  space,  lirst  floors  and  corridors) 80 

Hotels  and  clubs   (living  room  lloors) 40 

Hotels  and  clubs  (lirst  lloors,  corridors,  and  dining  rooms) 80 

Municipal  buildings,  county  buildings,  court  houses,  libraries,  museums, 

(corridors  and  public  rooms) 100 

Same  (private  offices) 50 

Office  buildings    (first   floor) 100 

Office  buildings    (private  offices) 50 

Restaurants 80 

Schools   (sch(K)l  rooms,  fixed  seats) 50 

Schools  (corridors,  entrances,  rooms  without  fixed  seats) 80 

Stores 100 

Theatres    (auditorium) 80 

Merrantile.    manufacturing   and    storage   buildings   sliould    not   be 

estimated  withdut  data  as  to  iirobable  loads,  but  in  no  case  shall  the 

load  be  taken  at  less  thau  100  pounds. 

Roofs  south  of  latitude  37" 20 

Between  latitude  37°   and  45° 30 

North  of  latitude  45° 40 

Except  that  in  high  altitude  the  loads  shall  be  taken  as  ten  pounds 

greater  than  as  given  above. 

SECTION    4.    DBAWIXCS   AND   SPECIFICATIONS 

4.1.  I'lann  FurviHlKd  hy  Bia/cr. — The  TUiyer  shall  furnish  the  Seller  a  set  of 
pbms  showing  the  layout  of  all  walls,  cohuuns,  beams,  gir<lers  and  other  sup- 
ports, as  well  as  all  fluor  openings  and  partitions  correctly  dimensioned.  The 
live  loads  to  be  assumed,  the  weights  of  partitions  and  the  location  and  amount 
of  any  special  loads  such  as  fans,  blowers,  tanks,  etc.,  shall  be  indicated.  The 
level  of  finislied  floors  and  njofs  and  the  level  of  all  joists  bearings  shall  be  shown. 

4.2.  J'ldiis  Furnialwd  by  teller. — The  Seller  shall  furnish  to  the  Buyer  detailed 
plans  showing  the  location  of  all  joists  with  joists  marked  to  correspond  to 
bill  of  material  and  to  the  tags  upon  the  joists.  All  necessary  details  and 
notes  shall  be  supplied  ta  show  the  proiK-r  installation  of  bridging,  beam  and 


91 

wall  anchors,   ceiling  extensions,  bearing  plates,  lath  clips,   screed  clips  and 
temperature  steel. 

4.3.  Discrepancies. — The  Architect's  plans  will  be  assumed  to  be  correct 
in  absence  of  written  notice  from  Buyer  to  the  contrary.  When  detailed  steel 
or  concrete  plans  are  furnished  by  Buyer  which  do  not  agree  with  Architect's 
plans,  such  detailed  plans  shall  be  considered  as  a  written  notice  of  change  of 
plans. 

4.4.  Approval. — The  detailed  plans  prepared  by  the  Seller  shall  be  submitted 
to  the  Buyer  for  approval,  unless  Buyer  instructs  Seller  to  submit  same 
directly  to  Architect.  The  Buyer  (or  Architect)  shall  return  one  copy  of 
plans  marked  with  his  approval  or  with  such  corrections  as  he  may  deem 
necessary.  The  plans  shall  be  corrected  by  the  Seller  if  necessary,  and  re- 
lumed to  the  Buyer  for  final  approval.  The  Seller  shall  not  proceed  with 
shop  work  until  plans  are  finally  approved  by  Buyer  (or  Architect).  The 
Seller  shall  furnish  to  the  Buyer  as  many  blue  prints  of  detailed  plans  as 
may  bo  reasonably  necessary,  but  the  tracings  shall  remain  the  property  of 
the  Seller. 

4.5.  (Jhanges  by  Buyer  After  Apin-oval. — When  any  changes  in  plans  are 
made  by  Buyer  after  approval  of  detailed  drawings  or  any  extra  materials 
are  required  not  shown  on  such  drawings,  the  cost  of  such  changes  and/or 
extra  materials  shall  be  paid  by  the  Buyer  at  a  price  to  be  agreed  upon 
between  Buyer  and  Seller  at  the  time  such  changes  and/or  extra  materials 
are  ordered. 

SECTION    5.    MATEELiiS 

5.1.  Grade  of  Steel  shall  comply  with  the  requirements  of  the  Standard 
Specifications  of  the  Steel  Joist  Institute. 

5.2.  Joists  shall  be  of  any  type  meeting  the  requirements  of  the  Standard 
Specifications  of  the  Steel  Joist  Institute  and  shall  be  a  Standard  Joist  as 
given  in  the  Loading  Table  of  the  Steel  Joist  Institute. 

5.3.  Maximum  Lengths. — Joists  shall  not  have  a  span  exceeding  twenty-four 
(24)  times  their  depth. 

5.4.  Bridging  shall  be  of  a  type  meeting  the  requirements  of  the  Standard 
Specifications  of  the  Steel  Joist  Institute.     Wire  bridging  .shall  not  be  used. 

5.5.  Anchors  for  walls  and  beams  shall  comply  with  the  Standard  Specifica- 
tions of  the  Steel  Joist  Institute  in  size  and  number. 

5.0.  Bearing  of  Joists  shall  not  be  less  than  2yo  inches  net  on  steel  and  4 
inches  net  on  masonry.  Bearing  plates  shall  be  provided  if  necessary  to  reduce 
the  unit  bearing  pressure  on  masonry  to  not  more  than  200  pounds  per  square 
inch. 

5.7.  Ceiling  Extension-'^. — Whenever  a  ceiling  is  to  be  attached  to  the  bottom 
chord  of  joists,  a  furring  extension  rod  or  unit  shall  be  provided  for  each  end 
of  each  joist  when  necessary  to  properly  support  ceiling. 

5.S.  Headers. — Floor  and  roof  openings  not  exceeding  4  feet  in  width  meas- 
ui'ed  at  riglit  angles  to  run  of  joists  shall  be  framed  with  beam,  angle,  or  chan- 
nel headers  of  ample  strength  to  support  joist  reactions.  Such  header  beams, 
angles  or  channels,  together  with  necessary  bolts,  clips  or  other  devices  for 
securing  same  to  trimmer  joist  as  well  as  to  joists  supported,  shall  be  furnished 
by  Seller.  When  the  reaction  from  such  headers  exceeds  400  pounds,  the  load 
shall  be  transmitted  to  the  trimmer  joist  without  relying  upon  bending  in  top 
or  bottom  chord. 

5.9.  Paint. — All  joists,  before  shipment,  shall  be  given  one  coat  of  good  paint 
by  dipping  or  spraying.  The  base  of  such  paint  shall  be  an  asphaltic  bitumen 
containing  not  over  10%  of  carbon  pigment  and  not  over  10%  of  saponifiable 
material.  The  paint  shall  dry  to  a  firm,  elastic  film  before  joists  are  loaded 
for  .shipment  and  shall  not  soften  .sufficiently  to  drip  at  120°  F. 

5.10.  Inspection. — The  Seller  shall  inspect  all  joists  at  time  of  fabrication 
and  shall  be  responsible  as  to  accuracy  of  size,  span,  assembly  and  the  sulfi- 
ciency  of  welding.  All  other  inspection  work  shall  be  at  the  expense  of  the 
Buyer  and  shall  be  performed  at  the  Seller's  place  of  manufacture. 

SECTION    C.    ERECTION 

6.1.  The  Seller  shall  not  perform  the  work  of  erecting  joists  or  accessories 
and  shnll  not  be  responsible  for  the  safety  of  beams,  columns,  walls,  or  other 
supporting  members.  . 


92 

6.2.  The  Seller  shall  not  be  responsible  for  the  actual  dimensions  of  construc- 
tion work  in  field,  but  shall  be  resixtnsible  for  the  accurate  fabrication  of  joist 
materials  in  accordance  with  Architect's  plans  or  any  changed  plans  furnished 
by  Buyer  before  final  approval  of  shop  drawings. 

0.3.  The  Seller  shall  furnish  to  Buyer  proper  instructions  relative  to  methods 
of  erection,  bridging  and  anchoring  of  joists  and  the  Buyer  shall  be  responsible 
for  the  correct  execution  of  such  instructions. 

o 


Approved  Code  No.  496 
CODE  OF  FAIR  COMPETITION 

FOR    THE 

INDUSTRY  OF  COLLECTIVE  MANUFACTURING 
FOR   DOOR-TO-DOOR  DISTRIBUTION 

As  Approved  on  August  3,  1934 


ORDER 


Code  of  Fair  Competition  for  the  Industry  of  Collective  Manu- 
facturing FOR  DoOR-TO-DoOR  DISTRIBUTION 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  IG,  1933',  for  approval  of  a  Code  of 
Fair  Competition  for  the  Industry  of  Collective  Manufacturing  for 
Door-To-Door  Distribution,  and  hearing  having  been  duly  held 
thereon  and  the  annexed  report  on  said  Code,  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President : 
^  NO\V,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  1,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dat«d  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Code  complies  in  all  resiDects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act;  and  do  hereby  order  that  said  Code  of  Fair 
Competition  be  and  it  is  hereby  approved. 

Hugh  S.  Johnson, 
Administratoi'  for  hidustrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Divisional  AdTivinistrator. 

Washington,  D.C. 

August  3,  19.34. 

78036° 1044-20 34  (93) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Code  of  Fair  Competition  for  the 
Industry  of  Collective  Manufacturing  for  Door-to-Door  Distribu- 
tion and  on  the  Hearing  conducted  thereon  in  Washington,  D.C.  on 
April  24,  1934. 

The  members  of  this  Industry  are  engaged  in  the  collective  manu- 
facture of  several  classes  of  products,  in  the  production  of  which 
machinery  and  labor  are  used  intercliangeably.  A  further  pecu- 
liarity which  segregates  them  from  other  manufacturers  of  similar 
products  is  their  method  of  distribution,  which  is  through  their  own 
dealers,  or  agents,  by  door-to-door  selling.  The  members  of  this 
Industry  do  not  distribute  their  products  through  the  regular  out- 
lets used  b}^  manufacturers  of  similar  products,  and  thus  there  is  no 
direct  competitive  conflict  between  this  Code  and  other  approved 
Codes  for  these  products.  Considerable  study  and  investigation  has 
convinced  the  Deputy  Administrator  that  an  attempt  to  make  these 
manufacturers  comply  with  the  various  Codes  covering  their  prod- 
ucts would  be  burdensome  if  not  iin]:)0ssible  and  that  less  adminis- 
trative detail  will  be  involved  under  a  separate  Code  of  Fair 
Competition. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth  and  on  the  basis  of  all  the  proceed- 
ings in  this  matter; 

I  find  that: 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  which  tend  to  diminish  the  amount  thereof  and  will  pro- 
vide for  the  rjeneral  welfare  by  promoting  the  organization  of 
industry  for  tlie  ])urp<)se  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  governmental  sanctions  and  sui)er- 
vision,  by  eliminating  unfair  competitive  practice,  by  promoting  the 
fullest  possible  utilization  of  the  present  production  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otlierwise  rehabilitating  industry. 

(b)  Said  Indu.-try  normal!}'  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 

(94) 


95 

tion  Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  group 
is  an  industrial  group  truly  representative  of  the  aforesaid  Industry ; 
and  that  said  group  nnposes  no  inequitable  restrictions  on  admission 
to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Code. 

For  these  reasons,  this  Code  of  Fair  Competition  for  the  Industry 
of  Collective  Manufacturing  for  Door-to-Door  Distribution  has  been 
approved. 

Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  3,  1934. 


CODE  OF  FAIR  COMPETITION  FOR  THE  INDUSTRY  OF 
COLLECTIVE  MANUFACTURING  FOR  DOOR-TO-DOOR 
DISTRIBUTION 

Article  I — PuRrosES 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Code  of 
Fair  Competition  for  the  Industry  of  Collective  Manufacturing  for 
Door-to-Door  Distribution,  and  shall  be  the  standard  of  fair  compe- 
tition for  such  Industry  and  shall  be  binding  upon  every  member 
thereof. 

Article  II — Definitions 

Section  1.  (a)  The  term  "Industry  of  Collective  Manufacturing 
for  Door-to-Door  Distribution  "  as  used  herein  includes  the  manu- 
facturing, processing,  converting,  and/or  distributing  except  retail 
distributing  of  products  for  personal  and/or  fiirm  consumption, 
including  household  medicines;  medicinal  preparations  for  domestic 
animals;  tea,  coffee,  and  spices;  food  flavors  and  extracts,  fillings 
and  soft  drink  concentrates;  soaps  and  cleansing  preparations;  per- 
fumes, cosmetics,  and  toilet  articles ;  insecticides,  fungicides,  disin- 
fectants, dijjs,  and  sprays  for  farm  use ;  and  other  ordinary  food  and 
household  products;  such  products  being  distributed  exclusively  by 
the  household  door-to-door  method.  The  above  definition  is,  how- 
ever, limited  to  include  only  those  engaged  in  the  collective  manu- 
facturing, processing,  converting  and  distributing  of  at  least  five  of 
the  classes  of  products  covered  by  this  definition. 

(b)  For  the  purposes  of  this  definition  all  products  included 
together  under  a  separate  Code  of  Fair  Competition  shall  be  con- 
sidered as  belonging  in  the  same  class. 

(c)  The  term  ''Collective",  as  applied  herein  to  manufacturing, 
processing,  converting  and  distributing,  means  the  interchangeable 
utilization  of  employees  and/or  facilities  in  the  manufacturing, 
processing,  converting  and  distributing  of  two  or  more  classes  of 
products.  The  above  definition  shall  be  interpreted  to  include  only 
those  members,  90%  of  whose  employees  frequently  spend  a  substan- 
tial part  of  their  time  in  the  manufacturing,  processing,  converting 
and  distributing  of  two  or  more  of  the  classes  of  products  covered 
herein. 

(d)  No  manufacturer  shall  be  included  within  the  above  definition 
if  more  than  50%  of  his  total  gross  sales  of  products  manufactured 
by  him  is  derived  from  any  one  of  the  classes  of  products  herein 
defined. 

(e)  Members  of  this  Industry  insofar  as  their  functions  are  gov- 
erned by  this  Code  shall  not  be  required  to  comply  with  any  other 
Code  or  Codes  of  Fair  Competition. 

(9C) 


97 

(f)  In  the  event  that  any  member  of  the  Industry  is  engaged 
for  its  own  consumption  and  use,  and  not  for  sale,  in  the  noncollec- 
tive  manufacturing,  converting,  processing  or  distributing  operations 
of  a  class  of  jDroducts  separately,  the  wage  and  hour  provisions  of 
this  Code  shall  not  apply  to  such  separate  noncollective  operations, 
and  in  lieu  thereof,  the  wage  and  hour  provisions  of  the  Code  or 
Codes  of  Fair  Competition  applicable  to  such  class  or  classes  shall 
ai^ply. 

Section  2.  The  term  "  employee  ''  as  used  herein  includes  anyone 
engaged  in  the  Industry  in  any  capacity  receiving  compensation  for 
his  services  irrespective  of  the  nature  or  method  of  payment  of  such 
compensation,  except  a   member   of   the   Industry. 

Section  3.  The  term  "  employer  "  as  used  herein  includes  anyone 
by  whom  any  such  employee  is  compensated  or  emploj^ed. 

Section  4.  The  term  "'  member  of  the  Industry  "  includes  anyone 
engaged  in  the  Industry  as  above  defined,  either  as  an  employer  or 
on  his  own  behalf. 

Section  5.  The  terms  "  President  ",  "Act  ",  and  "Administrator  " 
as  used  herein  shall  mean  respectively  the  President  of  the  United 
States,  Title  I  of  the  National  Industrial  Recovery  Act,  and  the 
Administrator  for  Industrial  Recovery. 

Article  III — Hours 

Section  1.  No  employee  shall  be  permitted  to  work  more  than 
forty  (40)  hours  in  any  one  week  or  eight  (8)  hours  in  any  twenty- 
four  (24)  hour  period  except  as  hereinafter  provided. 

Section  2.  No  watchman,  branch  retail  dealer  service  man,  truck- 
man, engineer  or  fireman  shall  be  permitted  to  work  in  excess  of 
forty-eight  (48)  hours  in  any  one  week  or  eight  (8)  hours  in  any 
twenty-four  (24)  hour  period. 

Section  3.  The  jDrovisions  of  this  Article  shall  not  apply  to  per- 
sons receiving  $35  per  week  or  more  employed  in  an  executive  capac- 
ity; or  as  outside  traveling  collectors,  auditors,  service  men  and 
supervisors,  sixty  (60)  per  cent  of  whose  working  hours  are  spent 
outside  the  place  of  business  of  the  member  of  the  Industry. 

Section  4.  (a)  An  employer  may  work  an  employee  four  (4)  hours 
per  week  in  excess  of  the  hours  specified  in  Section  1  of  this  Article 
provided  that  time  and  one  half  is  paid  for  such  additional  hours. 
Employees  specified  in  Section  2  may  not  work  overtime  except  as 
provided  in  subsection  (b)  of  this  Section. 

(b)  The  maximum  hours  fixed  in  Sections  1  and  2  shall  not  apply 
to  an  employee  in  time  of  emergency  involving  breakdown  or  pro- 
tection of  life  or  property,  provided  that  at  least  time  and  one  half 
is  paid  for  all  hours  worked  in  excess  of  the  maximum  hours  herein 
provided.  An  immediate  report  of  all  such  cases  shall  be  made  to 
the  Code  Authority. 

Section  5.  No  employee  shall  he  permitted  to  work  more  than 
six  (6)  days  in  any  seven  (T)  day  period. 

Section  6.  No  employer  shall  knowingly  permit  any  employee  to 
work  for  any  time  which  when  totaled  with  that  already  performed 
with  another  employer,  or  employers,  exceeds  the  maximum  per- 
mitted herein. 


98 

Section'  T.  The  hours  worked  by  any  one  employee  in  any  one 
day  shall  be  consecutive  with  the  exception  of  a  reasonable  period 
for  lunch. 

Articue  IV — Wages 

Section  1.  No  employee  sliall  be  paid  less  than  at  the  rate  of 
371/2^  per  hour  or  $15.00  per  week  for  forty  (40)  hours  except  as 
liereinafter  specified. 

Section  2.  (a)  No  betrinner  or  learner  shall  be  paid  less  than 
eighty  (80)  per  cent  of  the  minimum  rate;  provided,  however,  that 
no  employee  shall  be  classed  as  a  beginner  or  learner  who  has  worked 
three  (3)  months  in  the  Industry  during  his  lifetime  and  that  the 
total  number  of  employees  receiving  pay  at  such  sub-minimum  rate 
shall  not  exceed  five  (5)  per  cent  of  the  total  number  of  employees 
of  any  one  employer. 

(b)'  A  person  whose  earning  capacity  is  limited  because  of  age, 
ph^^sical  or  mental  handicap,  or  other  infirmity,  may  be  emi)loyed 
on  light  work  at  a  wage  below  the  minimum  established  by  this 
Code,  if  the  employer  obtains  from  the  state  authority,  designated 
by  the  United  States  Department  of  Labor,  a  certificate  authorizing 
such  person's  employment  at  such  wages  and  for  such  hours  as  shall 
be  stated  in  the  certificate.  Such  authority  shall  be  guided  by  the 
instructions  of  the  United  States  Department  of  Labor  in  issuing 
certificates  to  such  persons.  Each  employer  shall  file  monthly  with 
the  Code  Authority,  a  list  of  all  such  persons  employed  by  him, 
showing  the  Avages  paid  to,  and  the  maximum  hours  of  work  for  such 
employee. 

Section  3.  When  any  part  time  employee  shall  work  for  one-half 
or  less  of  the  daily  and  weekly  maximum  hours  prescribed  for  his 
class  of  employment  he  shall  be  paid  at  the  rate  of  time  and  one 
half  his  normal  rate  of  pay. 

Section  4.  This  Article  establishes  minimum  rates  of  pay  regard- 
less of  whether  an  employee  is  compensated  on  a  time  rate,  piece 
work,  or  other  basis. 

Section  5.  The  weekly  compensation  for  employment  now  in 
excess  of  the  minimum  wages  herein  provided  shall  not  be  reduced 
(notwithstanding  that  the  hours  worked  in  such  employment  may 
be  hereby  reduced)  and  all  pay  schedules  whether  for  time  or  piece- 
work shall  be  equitably  adjusted  upward.  Within  sixty  (60)  days 
after  the  approval  of  this  Code  a  report  of  all  such  wage  adjust- 
ments shall  be  nuule  by  all  members  of  the  Industry  to  the  Code 
Authority  or  the  Acting  Code  Authority,  which  Authority  shall 
make  a  full  report  thereon  to  the  Administrator. 

Section  6.  Female  employees  performing  substantially  the  same 
work  as  male  employees  shall  receive  the  same  rates  of  pay  as  male 
employees. 

Section  T.  Wages  shall  be  exempt  from  fines,  charges,  rebates,  de- 
ductions, or  any  other  form  of  withholding  wages  except  for  con- 
tributions voluntarily  made  by  the  employee  or  required  by  law. 
Employers  shall  pay  wages  at  least  at  the  end  of  every  two  weeks' 
period. 


99 

Article  V — General  Labor  Pro\^sions 

Section  1.  No  person  under  sixteen  (16)  years  of  age  shall  be 
employed  in  the  Indiistiy.  No  person  under  eighteen  (18)  years  of 
age  shall  be  employed  at  operations  or  occupations  hazardous  in 
nature  or  detrimental  to  health.  The  Code  Authoritj^  shall  submit 
to  the  Administrator  within  ninety  (90)  days  after  the  effective 
date  of  this  Code  a  list  of  such  occupations.  In  any  State,  an  em- 
ployer shall  be  deemed  to  have  complied  with  this  provision  if  he 
shall  have  on  hie  a  certificate  or  permit  duly  issued  by  the  authority 
in  such  State  empowered  to  issue  employment  or  age  certificates  or 
permits,  showing  that  tlie  emjjloyee  is  of  the  age  required  by  this 
Section. 

Section  2.  Employees  shall  have  the  right  to  organize  and  bar- 
gain collective^  through  representatives  of  their  own  choosing,  and 
shall  be  free  from  the  interference,  restraint,  or  coercion  of  employers 
of  labor,  or  their  agents,  in  the  designation  of  such  representatives 
or  in  self -organization,  or  in  other  concerted  activities  for  the  pur- 
pose of  collective  bargaining  or  other  mutual  aid  or  protection. 

Section  3.  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. 

Section  4.  Emi^loyers  shall  comply  with  the  maximum  hours  of 
labor,  minimum  rates  of  pay,  and  other  conditions  of  employment, 
approved  or  prescribed  by  the  President. 

Section  5.  Within  each  State  this  Code  shall  not  supersede  any 
laws  of  such  State  imposing  more  stringent  requirements  on  em- 
ployers regulating  the  age  of  employees,  wages,  hours  of  work,  or 
health,  fire,  or  general  working  conditions  than  under  this  Code. 

Section  6.  Emplo3'ers  shall  not  change  the  method  of  compensa- 
tion or  reclassify  employees  or  duties  of  occupations  performed  by 
employees  or  discharge  employees  to  re-emplo}^  them  at  lower  rates 
or  engage  in  any  other  subterfuge  so  as  to  defeat  the  purposes  of 
the  Act  or  the  provisions  of  this  Code. 

Section  7.  AH  emploj-ers  shall  post  and  keep  posted  copies  of 
this  Code  in  conspicuous  places  accessible  to  all  employees.  Every 
member  of  the  Industry  shall  comply  with  all  rules  and  regulations 
relative  to  the  posting  of  provisions  of  Codes  of  Fair  Competition 
which  may  from  time  to  time  be  prescribed  by  the  Administrator. 

Section  8.  Every  employer  shall  provide  for  the  safety  and  health 
of  his  employees  at  the  place  and  during  the  hours  of  their  employ- 
ment. Standards  for  safety  and  health  shall  be  submitted  bj^  the 
Code  Authorit}^  to  the  Administrator  within  six  (6)  months  after 
the  effective  date  of  this  Code,  and  upon  his  approval  shall  become 
operative  as  a  part  of  this  Code. 

Section  9.  No  employee  shall  be  dismissed  by  reason  of  making 
a  complaint  or  giving  evidence  with  respect  to  an  alleged  violation  of 
this  Code. 

Section  10.  No  employer  shall  effect  a  per  capita  increase  in  pro- 
duction b}''  such  means  as  the  "  stretch-out  ". 


100 

Article  VI — Administration 

To  further  effectuate  the  policies  of  the  Act,  a  Code  Authority  is 
hereby  constituted  to  administer  this  Code. 

ORGANIZATION  AND  RULES  OF  CODE  AUTHORITY 

Section  1.  The  Code  Authority  shall  consist  of  three  individuals 
to  be  selected  as  hereinafter  set  forth,  and  of  such  additional  mem- 
bers without  vote  as  the  Administrator,  in  his  discretion,  may  appoint 
to  represent  such  groups  or  Governmental  agencies  as  he  may 
designate. 

SEcnoN  2.  Each  member  of  the  Industry  shall  have  one  vote  in 
the  nomination  and  election  of  the  Industry  members  of  the  Code 
Authority  providing  he  qualifies  as  provided  in  Section  8,  Subsec- 
tion (h),  Paragraph  2  of  this  Article.  The  Code  Committee  for  the 
Industry  of  Collective  Manufacturing  for  Door-to-Door  Distribu- 
tion shall  arrange  for  the  nomination  and  election  within  90  days 
after  the  effective  date  of  this  Code,  subject  to  the  approval  of  the 
Administrator.  In  the  interim,  the  Code  Committee  shall  serve 
as  the  Code  Authority.  The  Code  Authority,  when  elected,  shall 
serve  for  a  t<^rm  not  to  exceed  one  3'ear,  when  a  new  election  shall 
be  held. 

Section  3.  Each  trade  or  industrial  association  directly  or  indi- 
rectly participating  in  the  selection  or  activities  of  the  Code  Au- 
thority shall  (1)  impose  no  inequitable  restrictions  on  member- 
ship, and  (2)  submit  to  the  Administrator  true  copies  of  its  Articles 
of  Association,  By-Laws,  regulations,  and  any  amendments  when 
made  thereto,  together  with  such  other  information  as  the  Adminis- 
trator may  deem  necessary  to  effectuate  the  purposes  of  the  Act. 

Section  4.  In  order  that  the  Code  Authority  shall  at  all  times  be 
truly  representative  of  the  Industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  provide  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that 
the  Code  Authority  is  not  truly  representative  or  does  not  in  other 
respect  comply  with  the  provisions  of  the  Act,  may  require  an  appro- 
priate modification  in  the  method  of  selection  of  the  Code  Authority. 

Section  5.  Nothing  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Authority  partners  for  any  purpose.  Nor  shall 
any  member  of  the  Code  Authority  be  liable  in  any  manner  to  anyone 
for  any  act  of  any  other  member,  officer,  agent  or  employee  of  the 
Code  Authority.  Nor  shall  any  member  of  the  Code  Authority,  ex- 
ercising reasonable  diligence  in  the  conduct  of  his  duties  hereunder, 
be  liable  to  anyone  for  any  action  or  omission  to  act  under  this  Code, 
except  for  his  own  wilful  malfeasance  or  nonfeasance. 

Secttion  6.  The  Code  Authority  may  coordinate  the  administration 
of  this  Code  with  such  other  Codes,  if  anj',  as  may  be  related  to  the 
Industry,  or  any  subdivision  thereof  and  may  assist  in  promoting 
joint  action  upon  matters  of  common  interest  by  establishing  a  joint 
Advisory  Board  to  which  one  or  more  of  its  members  shall  be 
delegated. 

Section  T.  If  the  Administrator  shall  at  any  time  determine  that 
any  action  of  the  Code  Authority  or  any  agency  thereof  may  be 


101 

unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  further  consider- 
ation by  such  Code  Authority  or  agency  pending  final  action,  which 
shall  not  be  effective  unless  the  Administrator  approves,  or  unless 
he  shall  fail  to  disapprove  after  thirty  (30)  days'  notice  to  him  of 
intention  to  proceed  with  such  action  in  its  original  or  modified  form. 
Section  8.  Subject  to  such  rules  and  regulations  as  may  be  issued 
by  the  Administrator,  the  Code  Authority  shall  have  the  following 
powers  and  duties,  in  addition  to  those  authorized  by  other  provi- 
sions of  this  Code: 

(a)  To  insure  the  execution  of  the  provisions  of  this  Code  and 
provide  for  the  compliance  of  the  Industry  with  the  provisions  of 
the  Act. 

(b)  To  adopt  rules  and  regulations  and  make  all  necessary  pro- 
visions for  its  procedure  in  the  administration  of  the  Code. 

(c)  To  obtain  from  members  of  the  Industry  such  information 
and  reports  as  are  required  for  the  administration  of  the  Code.  In 
addition  to  information  required  to  be  submitted  to  the  Code  Au- 
thority, members  of  the  Industry  subject  to  this  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act  to  such 
Federal  and  State  agencies  as  he  may  designate ;  provided  that  noth- 
ing in  this  Code  shall  relieve  any  member  of  the  Industry  of  any 
existing  obligations  to  furnish  reports  to  any  Government  agency. 
No  individual  report  shall  be  disclosed  to  any  other  member  of  the 
Industry  or  any  other  party  except  to  such  other  Govermnental 
agencies  as  may  be  directed  by  the  Administrator. 

(d)  To  use  such  trade  groups  or  other  agencies  as  it  deems  proper 
for  the  carrying  out  of  any  of  its  activities  provided  for  herein,  pro- 
vided that  nothing  herein  shall  relieve  the  Code  Authority  of  its 
duties  or  responsibilities  under  the  Code  and  that  such  trade  groups 
and  agencies  shall  at  all  times  be  subject  to  and  comply  with  the 
provisions  hereof. 

(e)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions  to 
govern  members  of  the  Industry  in  their  relations  with  each  other 
or  with  other  industries;  measures  for  industrial  planning,  and 
stabilization  of  employment;  and  including  modifications  of  this 
Code  which  shall  become  effective  as  part  hereof  upon  approval  by 
the  Administrator  after  such  notice  and  hearing  as  he  may  specify. 

(f)  To  appoint  a  Trade  Practice  Committee  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other 
codes  as  may  be  related  to  the  Industry  for  the  purpose  of  fomiu- 
lating  fair  trade  practices  to  govern  the  relationships  between 
emplojj^ers  under  this  Code  and  under  such  other  Codes  of  Fair 
Competition  to  the  end  that  such  fair  trade  practices  may  be  pro- 
posed to  the  Administrator  as  amendments  to  this  Code  and  such 
other  Codes. 

(g)  To  provide  appropriate  facilities  for  arbitration,  and  subject 
to  the  approval  of  the  Administrator,  to  prescribe  rules  of  procedure 
and  rules  to  effect  compliance  with  awards  and  determinations. 


102 

(h)  1.  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competi- 
tion established  hereunder  and  to  elFectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized: 

A.  To  incur  such  reasonable  oblijLrations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  Avhich 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

B.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  mav  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry ; 

C.  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

2.  Each  member  of  the  Industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regula- 
tions pertaining  thereto  issued  by  the  Administrator.  Only  members 
of  the  Industry  complying  with  the  code  and  contributing  to  the 
expenses  of  its  administration  as  hereinabove  provided,  unless  duly 
exempted  from  making  such  contributions,  shall  be  entitled  to  par- 
ticipate in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess  of 
prim-  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

Article  VII — Trade  Practices 

Section  1.  It  is  not  the  intent  of  this  Code  to  give  the  members 
of  the  Industry  an  unfair  competitive  advantage  over  members  of 
any  competing  or  kindred  industry.  To  this  end,  any  provision  now 
or  later  incorporated  in  the  Codes  covering  such  competing  or 
kindred  industries,  the  effect  of  which  might  place  members  of  this 
Industry  in  unfair  competition  may  be  incorj^orated  into  this  Code 
as  applied  to  that  class  of  products  by  the  Administrator,  after  such 
notice  and  hearing  as  he  may  deem  necessary. 

Section  2.  In  addition  to  the  specific  provisions  contained  herein, 
members  of  the  Industry  shall  comply  with  any  and  all  standards, 
including,  but  without  limitation,  quality,  quantity,  and  size  stand- 
ards, which  shall  be  incorporated  in  the  separate  Codes  covering  the 
products  manufactured  or  handled  by  members  of  the  Industry, 
unless  the  Administrator  shall  upon  request  specifically  exempt 
members  of  this  Industry  from  such  compliance.     All  such  stand- 


103 

ards  included  in  such  codes  shall  have  the  same  effect  upon  members 
of  this  industry  as  they  would  if  specifically  included  in  this  Code. 

Section  3.  (a)  Within  thirty  (30)  days  after  the  effective  date 
of  this  Code  each  member  of  the  Industry  shall  file  with  the  Code 
Authority  a  complete  list  of  all  individual  products  manufactured 
or  handled  by  him  and  thereafter  will  notify  the  Code  Authority 
of  any  changes  in  such  list  within  ten  (10)  days  after  such  change 
is  effected, 

(b)  The  Code  Authority  shall  supply  the  Administrator  with  a 
complete  list  of  all  products  manufactured  or  handled  by  members 
of  this  Industry  and  shall  notify  the  Administrator  of  changes  in 
sjich  list  when  changes  occur. 

Section  4.  Within  thirty  (30)  days  after  the  effective  date  of  this 
Code,  all  members  of  this  Industry  snail  file  with  the  Code  Authority 
all  brand  names  owned  or  used  by  them.  And  thereafter  new  trade 
marks,  brands  or  trade  names  shall  be  filed  with  the  Code  Authority 
within  five  (5)  days  after  the  adoption  thereof.  This  provision  shall 
aj)ply  only  to  perfumes,  cosmetics  and  toilet  articles. 

Section  5.  (a)  Inaccurate  Advertising. — No  member  of  the  In- 
dustry shall  publish  advertising  (whether  printed,  radio,  display,  or 
of  any  other  nature)  which  is  misleading  or  inaccurate  in  any  mate- 
rial particular,  nor  shall  any  member  in  any  way  misrepresent 
any  products  (including,  but  without  limitation,  their  use,  trade 
mark,  grade,  quality,  origin,  size,  substance,  character,  nature,  finish, 
material,  content,  preparation,  curative  or  therapeutic  effect),  or 
credit  terms,  values,  policies,  services,  or  the  nature  or  form  of  the 
business  conducted. 

(b)  No  member  of  the  Industry  shall  use  fictitious  or  deceptive 
prices  in  advertising  or  selling  merchandise,  such  as  affixing  labels 
to  merchandise  with  fictitious  or  deceptive  prices  thereon. 

(c)  No  member  of  the  Industry  shall,  in  selling  or  advertising  his 
merchandise,  offer  said  merchandise  as  copies,  blends,  reproductions 
or  imitations  of  another  manufacturer  of  such  merchandise  where 
the  name  or  brand  of  such  other  manufacturer  is  used  without  his 
consent. 

Section  6.  False  Billing. — No  member  of  the  Industry  shall  know- 
ingly withhold  from  or  insert  in  any  quotation  or  invoice  any  state- 
ment that  makes  it  inaccurate  in  any  material  particular. 

Section  7.  Secret  Rebates. — No  member  of  the  Industrj^  shall 
secretly,  directly  or  indirectly,  offer  or  make  any  payment  or  allow- 
ance of  a  rebate,  refund,  commission,  credit  or  unearned  discount,  or 
excess  allowance,  whether  in  the  form  of  money  or  otherwise,  nor 
shall  a  member  of  the  Industry  secretly  offer  or  extend  to  any  cus- 
tomer any  special  service  or  privilege  not  extended  to  all  customers 
of  the  same  class,  for  the  purpose  of  influencing  a  sale. 

Section  8,  Commercial  Brihery. — No  member  of  the  Industry  shall 
give,  permit  to  be  given,  or  directly  offer  to  give,  anything  of  value 
for  the  purpose  of  influencing  or  rewarding  the  action  of  any  em- 
jDloyee,  agent,  or  representative  of  another  in  relation  to  the  business 
of  the  emi^loyer  of  such  employee,  the  principal  of  such  agent  or  the 
represented  party,  without  the  knowledge  of  such  emploj^er,  prin- 
cipal, or  party.  This  provision  shall  not  be  construed  to  prohibit 
free  and  general  distribution  of  articles  commonly  used  for  adver- 


104 

tising  except  so  far  as  sneh  articles  are  actually  used  for  commercial 
briber}'  as  hereinabove  defined. 

Section  9.  Unearned  Discount  for  Cash. — No  member  of  the  In- 
dustry shall  allow  a  discount  for  cash  Avhich  is  not  earned  by  pay- 
ment in  accordance  with  the  cash  discount  terms  s])ecified. 

Section  10.  AduJterat/oii  and  M'tshrandlng. — The  use  of  cereals, 
chicory,  coffee  screenin<rs,  or  other  products  compounded  with  coffee, 
unless  containers  be  plainly  and  conspicuously  labeled  to  indicate 
the  presence  of  such  fillers  and  the  percentage  content  of  such 
ingredients  other  than  coffee  or  chicory. 

Section  11.  Gifts  to  Clubs. — To  give  any  coffee  to  social  clubs, 
card  parties,  or  other  such  groups  when  such  coffee  is  to  be  given  oy 
offered  for  sale  in  packages  by  such  groups  in  competition  with  regu- 
jar  dealers  unless  such  gift  shall  be  made  to  bona  fide  charitable 
agencies  for  strictly  charitable  purposes. 

Section  12.  (a)  The  sale  or  offering  for  sale  of  any  liquid  house- 
hold insecticides,  for  use  against  flies,  below  the  "  minimum  stand- 
ard "  herein  defined,  or  of  any  Pyrethrum  products  below  the  stand- 
ards defined  by  the  United  States  Department  of  Agriculture,  is 
unfair  competition. 

(b)  The  term  "minimum  standard"  as  used  herein,  applied  to 
liquid  household  insecticides  for  use  against  house  flies,  and  shall 
mean  not  less  than  60%  kill,  using  the  Peet-Grady  test. 

Section  13.  A  tar  disinfectant  or  pine  disinfectant  or  mixture  of 
both,  shall  bear  a  label  containing  a  jjlain,  conspicuous,  correct  and 
definite  statement  of  the  Bacillus  typhosis  phenol  coefficient  thereof, 
as  determined  by  the  methods  prescribed  and  promulgated  by  the 
Secretary  of  Agriculture.  No  phenol  coefficient  shall  be  required 
upon  a  label  or  accompanying  printed  matter  of  other  than  tar  dis- 
infectant or  pine  disinfectants,  or  mixture  of  both,  but  may  be  per- 
mitted on  disinfectants  or  germicides  other  than  tar  disinfectants  or 
pine  disinfectants  under  such  rules  and  regulations  as  may  be  pro- 
mulgated by  the  Secretary  of  Agriculture. 

Article  VIII — Modification 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  National  Indus- 
trial 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,  but  without  limitation,  to  the  right  of  the 
President  to  cancel  or  modify  his  approval  of  thi.s  Code  or  any 
conditions  imposed  by  him  upon  his  approval  thereof. 

Section  2.  This  Code,  except  as  to  provisions  required  by  the  Act 
may  be  modified  on  the  basis  of  experience  or  changes  in  circum- 
stances, such  modification  to  be  based  upon  application  to  the  Ad- 
ministrator and  such  notice  and  hearing  as  he  shall  specify,  and  to 
become  effective  on  approval  of  the  President. 

Article  IX — IMonopolies 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  monop- 
olies or  monopolistic  practices,  or  to  eliminate,  oppress,  or  discrim- 
inate against  small  enterprises. 


105 

Akticle  X — Price  Increases 

Whereas,  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  impossible  of  consummation  if  prices  of  prodiicts  in- 
crease as  rapidly  as  wages,  it  is  recognized  that  price  increases  should 
be  delayed,  and  that  when  made  the  same  should,  so  far  as  reason- 
ably possible,  be  limited  to  actual  increases  in  the  seller's  costs. 

Article  XI — Effective  Date 

This  Code  shall  become  effective  on  the  tenth  day  after  its  approval 
by  the  Administrator, 

Approved  Code  No.  496. 
Registry  No.  105-02. 

O 


^ 


? 


AMENDMENTS 


80835—34 2 


Approved  Code  No.  244F — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

ELECTRICAL  CONTRACTING  INDUSTRY 

As  Approved  on  July  23,  1934 


ORDER 


AppRO^^XG  Modification  of  Supplementary  Code  of  Fair  Compe- 
tition FOR  THE  Electrical  Contracting  Industry 

A  division  of  the  construction  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1934,  for  approval  of  a  modifica- 
tion to  Section  3,  Article  III  of  the  Supplementary  Code  of  Fair 
Competition  for  the  Electrical  Contracting  Division  of  the  Construc- 
tion Industry,  and  due  notice  and  opportunity  to  be  heard  having 
been  given  thereon  and  the  annexed  report  on  said  modification,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Pres- 
ident, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933.  and  otherwise ;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modification  be 
and  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  modified. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Geo,  L.  Berry, 

Division  Adm inistvatar^ 

Washington,  D.C, 

July  23,  103 If. 

(107) 


REPORT  TO  THE  PRESIDENT 

The  President, 

TJie  White  House. 

Sir:  This  is  a  report  on  a  modification  of  Section  3.  Article  III, 
of  the  Supplementary  Code  of  Fair  Competition  of  the  Electrical 
Contracting:  Division  of  the  Construction  Industr}',  approved  by 
you  on  April  19,  1934. 

The  purpose  of  this  amendment  is  to  authorize  the  Divisional 
Code  Authority  to  submit  a  budget  and  establish  a  basis  of  assess- 
ment upon  Avhich  members  of  this  Division  will  be  required  to  con- 
tribute to  the  expense  of  nuiintaining  the  Divisional  Code  Authority. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modi- 
fication of  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  tliis  nuitter : 

I  find  that: 

(a)  The  modification  of  said  Code  and  the  Code  as  modified 
are  well  designed  to  promote  the  policies  and  purposes  of  Title  I 
of  the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for  the 
general  welfare  by  promoting  the  organization  of  industry  for 
the  purpose  of  cooperative  action  of  labor  and  management  under 
adequate  governmental  sanction  and  supervision,  by  eliminating 
unfair  comi)etitive  practices,  by  promoting  the  fullest  possible  util- 
ization of  the  present  productive  capacity  of  industries,  by  avoiding 
imdue  restriction  of  production  (except  as  nuiy  be  temporarily  re- 
(juired),  by  increasing  the  consumption  of  industrial  and  agricul- 
tural ]U'oducts  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
by  otherwise  rehabilitating  industry. 

(b)  The  Code  as  modified  comi)lies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tati(m  sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and 
sub-section  (b)  of  Section  10  thereof. 

(c)  The  Code  em})owers  the  Code  Authority  to  present  the  afore- 
said moditication  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  be(m  deprived  of  the  right  to  be  heard  ])rior  to  api)roval  of  said 
amendment. 

For  these  reasons  this  modification  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 

July  23,  1934. 

(108) 


AMENDMENT   TO   CODE   OF   FAIR   COMPETITION   FOR 
THE  ELECTRICAL  CONTRACTING  INDUSTRY 

A   DIVISIOX   OF   THE    CONSTRUCTION    INDUSTRY 

Chapter  VI 

Amend  Section  3  of  Article  III.  Administration,  so  as  to  read  as 
follows : 

Section  3.  1.  It  beino;  found  necessary  in  order  to  support  the 
administration  of  this  Code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act.  the  Divisional  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which  shall 
be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opjjortunit}-  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  this 
Division ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  this  Division,  and 
to  that  end.  if  necessaiy  to  institute  legal  proceedings  therefor  in 
its  own  name. 

2.  Each  member  of  this  Division  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  this  Division  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided (unless  duly  exempted  from  making  such  contribution),  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Divisional 
Code  Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  ac- 
tivities or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Recovery  Administration. 

3.  The  Divisional  Code  Authority  shall  neither  incur  nor  pay  any 
obligation  in  excess  of  the  amount  thereof  as  estimated  in  its  ap- 
proved budget,  except  upon  approval  of  the  Admini.strator ;  and  no 
subsecjuent  buclget  shall  contain  any  deficiency  item  for  expenditures 
in  excess  of  prior  budget  estimates  except  those  which  ithe  Admin- 
istrator shall  have  so  approved. 

Approved  Code  No.  244F — Amendment  No.  1. 
Registry  No.  1211-1-08. 

(109) 


Approved  Code  No.  244G — Amendment  No.  1 

AMENDMENT  TO  SUPPLEMENTARY  CODE  OF  FAIR 
COMPETITION 

FOR  THE 

MASON  CONTRACTORS  INDUSTRY 

As  Approved  on  July  23,  1934 


ORDER 


Approving  Modification  of  Supplementary  Code  of  Fair  Compe- 
tition FOR  THE  Mason  Contractors  Industry 

A  division  of  the  construction  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Recovery 
Act,  approved  June  16,  1934,  for  approval  of  a  modification  to  Sec- 
tion 2,  Article  III,  of  the  Code  of  Fair  Competition  for  the  Mason 
Contractors  Division  of  the  Construction  Industry,  and  due  notice 
and  opportunity  to  be  heard  having  been  given  thereon  and  the 
annexed  report  on  said  modification,  containing  findings  with  re- 
spect thereto,  having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise ;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modification  be 
and  is  herebj'^  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  en- 
tirety as  modified. 

Hugh  S.  Johnson, 
-    AdmirdstJ'afor  for  Industrial  Recovery. 

Apj)roval  recommended : 
Geo.  L.  Berry, 

Division  Administrator.. 


Washington,  D.C, 

July  23, 193^. 


(Ill) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  a  modification  of  Section  2.  Article  III,  of 
the  Supplementary  Code  of  Fair  Competition  of  the  Mason  Con- 
tractors Division  of  the  Construction  Industry,  approved  by  you  on 
April  19.  1934. 

The  purpose  of  this  amendment  is  to  authorize  the  Divisional  Code 
Authority  to  submit  a  budgret  and  establish  a  basis  of  assessment 
upon  which  members  of  this  Division  will  be  required  to  contribute  to 
the  expense  of  niaintainin<r  the  Divisional  Code  Authority. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modi- 
fication of  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  i)roceedings  in  this  matter : 

I  find  that: 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of  ob- 
structions to  the  free  flow  of  interstate  and  foreign  commerce  which 
tend  to  diminish  the  amount  thereof,  and  wnll  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  caj^acity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  b}^  otherwise  rehabilitat- 
ing industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  title  of  said  Act,  including  without  limitation 
sub-section  (a)  of  Section  3.  sub-section  (a)  of  Section  T  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said modification  on  behalf  of  the  industry  as  a  wdiole. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  ])ermit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
ojjerate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons  this  modification  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator^ 
July  23,  1934. 

(112) 


AMENDMENT   TO    CODE   OF   FAIR   COMPETITION   FOR 
THE  MASON   CONTRACTORS   INDUSTRY 

A   DI\^SION    or   THE   CONSTRUCTION   INDUSTRY 

Chapter  VIII 

Amend  Article  III  by  deleting,  in  their  entirety,  the  provisions  of 
the  present  Section  2  thereof  and  substituting  therefor  the  following : 

Section  2.  1.  It  being  found  necessary  in  order  to  support  the 
administration  of  this  Code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act.  the  Divisional  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code : 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary, 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
i^urposes.  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  this 
Division : 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  this  Division,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

2.  Each  member  of  this  Division  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Divisional 
Code  Authority,  determined  as  hereinabove  provided,  and  subject  to 
rules  and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  this  Division  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided (unless  duly  exempted  from  making  such  contribution)  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Divi- 
sional Code  Authority  or  to  receive  the  benefits  of  any  of  its  volun- 
tary^ activities  or  to  make  use  of  any  emblem  or  insignia  of  the 
National  Recovery  Administration. 

3.  The  Divisional  Code  Authority  shall  neither  incur  nor  pay  any 
obligation  substantially  in  excess  of  the  amount  thereof  as  estimated 
in  its  approved  budget,  except  upon  approval  of  the  Administrator; 
and  no  subsequent  budget  shall  contain  any  deficiency  item  for  ex- 
penditures in  excess  of  prior  budget  estimate  except  those  which  the 
Administrator  shall  have  so  approved. 

Approved  Code  No.  2'44G — Amendment  No.  i. 
Registry  No.  1015-02. 

(113) 


Approved  Code  No.  384 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

FUNERAL  SERVICE  INDUSTRY 

As  Approved  on  July  24,  1934 


ORDER 


Approving  Amendment   of   Code   of   Fair   Competition   for   the 
Funeral  Service  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Funeral  Service  In- 
dustry, and  opportunity  to  be  heard  having  Ijeen  duly  given  thereon 
and  tile  annexed  report  on  said  amendment,  containing  findings  Avith 
respect  thereto,  having  been  made  and  directed  to  the  President: 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  "Executive  Order  No.  651:3-A,  dated  December 
30,  1933.  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

July  ^4,  193Jf. 

(115) 


REPORT  TO  THE  PRESIDENT 

The  Presidext, 

The  White  House. 

SiK :  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  an  amendment  to  the  Code  of  Fair  Competition  for  the 
Funeral  Service  Industry,  submitted  by  the  Code  Authority  for  tho 
Funeral  Service  Industry. 

The  puri)ose  and  etfect  of  tlie  amendment  are  to  authorise  the 
Code  Authority  to  submit  a  budiret  and  method  of  assessment  upon 
which  funds  shall  be  contributed  bj'  members  of  the  Industi-y. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue 
restrictions  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry'. 

(b)  The  Code  as  ainended  complies  in  all  respects  with  the  perti- 
nent ])rovisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  em])oAvers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  industry  as  a  wdiole. 

(d)  The  Amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  ])ermit  monopolies  or  monopolistic  practices. 

(e)  The  Amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(116) 


117 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendment. 

For  these  reasons,  therefore,  I  have  approved  this  Amendment. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  24,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  FUNERAL  SERVICE  INDUSTRY 

(1)  Amend  Article  VI  by  inserting  a  new  section  to  be  loiown  as 
Section  8  as  follows: 

"  8  (a)  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  code  and  to  maintain  the  standards  of  fair  competi- 
tion established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

"(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  code; 

"•(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry; 

••(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  industry,  and  to 
that  end.  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

''(b)  Each  member  of  the  industry  shall  be  liable  for  his  or  its 
equitable  contribution  to  the  expenses  of  the  maintenance  of  the 
Code  Authority,  determined  as  hereinabove  provided,  and  subject  to 
rules  and  regulations  pertaining  thereto  issued  by  the  Administra- 
tor. Only  members  of  the  industry  complying  with  the  Code  and 
contributing  to  the  expenses  of  its  administration  as  hereinabove 
provided,  (unless  duly  exempted  from  making  such  contributions) 
shall  be  entitled  to  participate  in  the  selection  of  members  of  the 
Code  Authority  or  to  receive  the  benefits  of  any  of  its  voluntary 
activities  or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Recovery  Administration. 

''(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget,  and  shall  in  no  event  exceed  the  total  amount 
contained  in  the  approved  budget,  except  u))on  approval  of  the 
Administrator  first  obtained;  and  no  subsequent  budget  shall  con- 
tain any  deficiency  item  for  expenditures  in  excess  of  prior  budget 
estimates  except  those  which  the  Administrator  shall  have  sO' 
approved." 

(2)  Amend  Article  VI.  Section  6.  by  deleting  sub-section  (g). 

Approved  Code  No.  384 — Ampiidnient  No.  1. 
Registry  No.  1749-04. 

(118) 


Approved  Code  No.  199 — Amendment  No,  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

CORK  INDUSTRY 

As  Approved  on  July  25,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the  Cork; 

Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Cork  Industry,  and 
hearings  having  been  duly  held  thereon  and  the  annexed  report  on 
said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No,  6543-A,  dated  December 
30,  1933,  and  otherwise ;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  such  approval  and  such  amendment  to  take 
effect  fourteen  (14)  days  from  the  date  hereof,  unless  good  cause  to 
the  contrary  is  shown  to  the  Administrator  before  that  time  and 
the  Administrator  issues  a  subsequent  order  to  that  effect, 

Hugh  S,  Johnson, 
Admmhtratov  For  Industrial  Recovery. 

Apj^roval  recommended : 
George  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

Juhj  25,  193^. 

(119) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  'Wh'ite  House. 

Sir:  An  ai^plication  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act.  for  an  amendment  to  the  Code  of  Fair  Competition  for  the 
Cork  Industry,  submitted  by  the  Code  Authority  for  the  Cork 
Industry. 

The  purpose  and  effect  of  the  amendment  are  to  make  the  Code 
applicable  to  manufacturers  only,  which  was  the  original  purpose 
and  intent,  and  to  remove  anomalous  conditions  which  have  arisen 
under  the  i)ractical  t)peration  of  the  Code. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purj^oses  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  connnerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue 
restrictions  of  i>roduction  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power;  by  reducing  and  reliev- 
ing unemployment,  by  improving  standards  of  labor,  and  by 
otherwise  rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7,  and 
sub-section  (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  j^ermit  mono})olies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  iMjt  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(120) 


121 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment. 
Respectfully, 

Hugh  S.  Johnson, 

Adm'mistraior. 
July  25,  1934. 


80835—34- 


AMENDMENT  TO   CODE   OF   FAIR   COMPETITION   FOR 
THE  CORK  INDUSTRY 

Amend  Article  II  by  eliminating  therefrom  Section  2  and  sub- 
stituting therefor  a  new  Section  2  as  follows : 

"  Sec.  2.  The  term  '  industry '  as  used  herein,  includes  the  manu- 
facture and  sale  of  the  products  of  the  industry,  and  branches  or 
subdivisions  thereof  as  may  from  time  to  time  be  included  under 
the  provisions  of  this  Code." 

Approved  Code  No.  199 — Amendment  No.  1. 
Registry  No.  308-1-01. 

(122) 


Approved  Code  No.  384 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

FUNERAL  SERVICE  INDUSTRY 

As  Approved  on  July  25,  1934 


ORDER 


Modification  of  Code  of  Fair  Competition  for  the  Funerai> 
Service  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  a  modification  of  my 
Order  of  approval,  dated  April  4,  1934,  of  the  Code  of  Fair  Compe- 
tition for  the  Funeral  Service  Industry,  and  it  having  been  shown 
that  said  application  should  be  granted  and  that  said  Order  should 
be  modified : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  the  authority  vested  in  me  by  Executive  Orders  of  the 
President  including  Executive  Order  No.  6543-A,  dated  December  30, 

1933,  and  otherwise ;  do  hereby  modify  my  Order  of  approval  of  the 
Code  of  Fair  Competition  for  the  Funeral  Service  Industry,  dated 
April  4,  1934,  in  the  following  particular : 

The  last  paragraph  of  said  'Order  of  approval,  dated  April  4, 

1934,  be  and  it  hereby  is  modified  to  read  as  follows : 

"  Provided,  however,  that  nothing  contained  in  this  section  shall 
supersede  any  state  law  which  by  its  terms  expressly  authorizes 
a  member  of  this  industry  to  organize,  promote,  participate  in  and 
operate  a  form  of  enterprise  prohibited  herein." 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery, 

Approval  recommended : 
Geo.  L.  Berry, 
Division  Administrator.  , 

Washington,  D.C, 

July  25, 193 Jf. 

(123) 


IIEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  In  the  Order  of  Approval  of  the  Code  of  Fair  Competition 
for  the  Funeral  Service  Industry,  Section  13  of  Article  VII  was 
amended  by  chaniiing  the  period  to  a  comma  after  the  word  "  serv- 
ice "  in  the  ninth  line  thereof  and  adding  the  following : 

•'  Provided,  however,  that  nothing  contained  in  this  Section  shall 
supersede  any  state  law  which  by  its  terms  permits  any  of  the 
practices  described  herein  by  members  of  the  industry." 

After  the  approval  of  the  Funeral  Service  Industry  Code  the 
original  proponents  of  the  Code  as  well  as  several  members  of  the 
Industry  conferred  with  me  and  it  develops  that  the  wording  of  this 
last  paragraph  of  m^^  Order  of  Approval  of  this  Code  is  not  clear, 
as  to  its  intent. 

Therefore  in  order  to  maintain  the  original  intent  of  the  last  para- 
graph of  the  order  of  ajDproval  and  to  clarify  its  meaning,  I  recom- 
mend the  modification  of  this  last  paragraph  by  substituting  the 
following: 

"  Provided,  however,  that  nothing  contained  in  this  section  shall 
supersede  any  state  law  which  by  its  terms  expressly  authorizes  a 
member  of  this  industry  to  organize,  promote,  participate  in   and 
operate  a  form  of  enterprise  prohibited  herein." 
Respectfully, 

Hugh  S.  Johnson, 

AdTTiin  hivator. 

July  25,  1934. 

Approved  Code  No.  384 — Aiiieudiiieiit  No.  2. 
Registry  No.  174&-04. 

(124) 


Approved  Code  No.  161 — Amendment  No.  3 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

FUR  DRESSING  AND  FUR  DYEING  INDUSTRY 

As  Approved  on  July  25,  1934 


ORDER 


Approving  ]MoDiriCATiONS  to  Code  of  Fair  Competition  for  the 
Fur  Dressing  and  Fur  Dyeing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  modifica- 
tions to  a  Code  of  Fair  Competition  for  the  Fur  Dressing  and  Fur 
D3"eing  Industry,  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  modifications,  containing  findings  with 
respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THERFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  herebj'^  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  modifications  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  prpvisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modifications 
be  and  they  are  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  modified. 

Hugh  S.  Johnson, 
Achninistratoi'  for  Industrial  Recovery. 

Approval  recommended : 
Geo.  L.  Berry, 

Division  Administrator. 

Washington.  D.C, 

July  25,  193 'i. 

(125) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

■Sir:  This  is  a  report  on  the  modifications  to  the  Code  of  Fair 
Competition  for  the  Fur  Dressing  and  Fur  Dyeing  Industry,  on 
which  a  public  hearing  was  held  on  July  10,  1934. 

The  first  modification  will  enable  the  majority  of  the  members 
of  the  Code  Authority  Board  to  recommend  such  modifications  to 
the  Code  as  will  be  beneficial  to  the  entire  industry.  This  will  facili- 
tate efficient  working  of  the  Code  Authority. 

The  second  modification  empowers  the  Administrator  to  suspend 
any  action  of  the  Code  Authority  to  afford  an  opportunity  for  in- 
vestigation of  the  merits  of  such  action,  and  thereby  assures  the 
Administrator  that  all  actions  of  the  Code  Authority  will  be  to  the 
best  interest  of  the  industry  and  the  public. 

The  Deputy  Administrator  in  his  hnal  report  to  me  on  said  modi- 
fications of  said  code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  modification  of  said  code  and  the  code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which 
tend  to  diminish  the  amount  thereof,  and  will  provide  for  the  gen- 
eral welfare  by  promoting  the  organization  of  trade  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by  in- 
creasing the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and 
3ub-section  10  thereof. 

(c)  The  modification  and  the  code  as  modified  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  modification  and  the  code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(126) 


127 

(e)  Those  engaged  in  other  steps  of  the  economic  iDroces3  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 
For  these  reasons  this  modification  has  been  approved. 
KespectfuUy, 

Hugh  S.  Johnson, 

Ad/ministrator. 
July  25,  1934. 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  FUR  DRESSING  AND  FUR  DYEING  INDUSTRY 

1.  Paragrai^h  (c),  Section  8,  Article  VI,  be  modified  to  read  as 
follows : 

(c)  No  reorganization  of  the  Code  Authority  Board  or  reclassi- 
fication of  the  divisions  in  the  industry,  shall  be  made  over  the 
dissent  of  any  one  of  the  divisional  planning  committees,  except  as 
and  where  tlie  President,  or  the  Administrator,  may  make  such 
reorganization  or  reclassification  under  the  law,  without  the  assent 
of  the  parties  affected. 

2.  A  new  paragraph  to  be  known  as  paragraph  (e).  Section  8, 
Article  VI.  to  read  as  follows: 

(e)  If  the  Administrator  shall  determine  that  any  action  of  a 
Code  Authority  or  any  agency  thereof  may  be  unfair  or  unjust  or 
contrary  to  the  public  interest,  the  Administrator  may  require  that 
such  action  be  suspended  to  afford  an  opportunity  for  investigation 
of  the  merits  of  such  action  and  further  consideration  by  such  Code 
Authority  or  agency  pending  final  action  which  shall  not  be  effective 
unless  the  Administrator  approves  or  unless  he  shall  fail  to  disap- 
prove after  thirty  days'  notice  to  him  of  intention  to  proceed  with 
such  action  in  its  original  or  modified  form. 

Approved  Code  No.  161 — Amendment  No.  3. 
Registry  No.  911-28. 

(128) 


Approved  Code  No.  155 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

OXY-ACETYLENE  INDUSTRY 

As  Approved  on  July  26,  1934 


OEDEE 


Approving  Amendments  of  Code  of  Fair  Competition   for  the 
oxy-acetttlene  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Eecovery  Act,  approved  June  16,  1933,  for  approval  of  amendments 
to  a  Code  of  Fair  Competition  for  the  Oxy-Acetylene  Industry,  and 
hearings  having  been  duly  held  thereon  and  opportunity  to  object 
having  been  given  and  the  annexed  report  on  said  amendments  con- 
taining findings  with  respect  thereto  having  been  made  and  directed 
to  the  President: 

NOW,  THEEEFOEE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Eecovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said 
annexed  report  and  do  find  that  said  amendments  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendments 
be  and  they  are  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  moclified  to  include  an  approval  of  said  Code 
in  its  entirety  as  amended,  provided  that  said  amendments  and  this 
Order  shall  become  effective  on  the  fifth  day  after  the  date  hereof. 

Hugh  S.  Johnson, 
Administrator  for  IndustHal  Recovery. 

Approval  recommended : 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

July  26,  193J^. 

(129) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Bouse. 

Sir  :  This  is  a  report  on  the  proposed  amendments  to  the  Code  of 
Fair  Competition  for  the  Oxy-Acetylene  Industry  as  approved  by 
you  on  December  15,  1933.  The  public  hearing  on  all  but  one  of 
these  amendments  was  held  in  the  City  of  Washington,  D.  C.  on 
May  15  and  IG.  11)3-1.  The  additional  amendment  was  filed  subse- 
quent to  this  hearing  and  a  notice  of  opportunity  to  be  heard  was 
published  on  June  29,  1934.  Full  opportunity  was  given  to  all 
interested  parties  to  appear  or  to  be  heard. 

The  purposes  and  effects  of  the  amendments  on  which  the  public 
hearing  was  held  are  as  follows: 

Amendment  No.  1  revises  the  definition  of  "  member  of  the  In- 
dustry "  to  clarify  same  and  amendment  No.  2  eliminates  the  defini- 
tion of  "  member  of  the  Code  "  which  is  unnecessary. 

Amendment  No.  3  adds  definitions  for  "  reseller  "  and  "  consumer  ", 
terms  used  in  subsequent  amendments. 

Amendment  No.  4  exempts  from  the  maximum  hours  provisions 
employees  working  in  a  technical  capacity,  who  receive  more  than 
$35.00  per  week.  This  is  because  the  operation  of  plants  frequently 
depends  on  the  work  of  employees  of  a  technical  capacity. 

Amendment  No.  5  changes  the  method  of  election  of  the  Super- 
vising Agencv.  It  provides  that  five  out  of  ten  members  of  the 
Supervising  Agency  shall  be  elected  on  a  basis  of  dollar  volume  of 
the  business  and  that  the  other  five  members  shall  be  elected  by 
equal  votes  cast  by  units  of  the  Industry. 

Amendment  No.  6  deletes  Section  4  of  Article  VI  as  the  subject 
matter  of  this  section  is  covered  in  amendment  No.  5. 

Amendment  No.  7  merely  changes  the  designation  number  of  Sec- 
tion 5  of  Article  VI. 

Amendment  No.  8  provides  for  the  appointment  of  a  Trade  Prac- 
tice Committee  in  accordance  with  Administration  policy. 

Amendment  No.  9  enables  the  Supervising  Agency  to  incur  such 
reasonable  obligations  as  are  necessary  for  the  administration  of  the 
Code.  It  requires  that  the  Supervising  Agency  submit  for  approval 
of  the  Administrator  an  itemized  budget  and  an  equitable  basis  of 
pro-rating  the  assessments  to  be  collected  from  the  members  of  the 
Industry.  Payment  of  an  equitable  contribution  to  the  expenses  of 
the  Supervising  Agency  by  members  of  the  Industry  is  made  manda- 
tory by  this  amendment  if  their  principal  line  of  business  is  covered 
by  this  Code. 

Amendment  No.  10  changes  the  designation  by  number  of  Article 
VII  to  Article  VII-A,  Trade  Practices — General  Provisions. 

Amendment  No.  11  applies  to  Section  3  of  Article  VII  (to  be  Ar- 
ticle  VII-A)    and   provides  two   optional   methods  of  calculating 

(130) 


131 

rental.  The  Code  as  approved  did  not  contain  any  specification  as 
to  the  method  of  calculating  rental. 

Amendment  No.  12  pertains  to  Section  4  of  Article  VII  (tob(* 
Article  VII-A)  and  provides  that  the  price  to  be  charged  for  alt 
gases  ,sold  may  be  an  f.o.b.  freight  station  price  as  well  as  an  f.o.b. 
plant  or  warehouse  price.  This  amendment  is  of  benefit  to  the  con- 
sumer because  when  shipments  are  made  by  rail  no  charge  is  made 
for  delivery  of  the  goods  from  plant  or  warehouse  to  the  freight 
station. 

Amendment  No.  13  is  a  revision  of  Section  8  of  Article  VII  (to  be 
Article  VII-A).  It  exempts  medical  gases  sold  on  a  gallonage  basis 
for  medical  use  only  from  the  application  of  Sections  3,  4,  6  and  11. 

Amendment  No.  14  places  in  the  Code  as  Section  9  of  Article  VII 
(to  be  Article  VII-A)  the  standard  bribery  trade  practice  provision. 

Amendment  No.  15  provides  as  a  new  Section  10  of  Article  VII 
(to  be  Article  VII-A)  for  the  prohibition  of  lending,  leasing  or 
giving  away  of  apparatus  under  certain  conditions.  This  provision 
represents  a  compromise  of  different  provisions  proposed,  by  two 
factions  of  the  Industry,  namely,  those  manufacturers  interested  in 
the  manufacture  and  sale  of  gas  and  apparatus  and  those  interested 
in  the  manufacture  and  sale  of  apparatus  only.  Because  of  the  con- 
troversial nature  of  this  provision  the  Supervising  Agency  voted  at 
their  meeting  on  June  6  and  7,  1934,  to  postpone  action  on  same. 
An  agreement  was  reached  later  and  eight  out  ten  members  of  the 
Supervising  Agency  have  assented,  one  member  not  voting. 

Amendment  No.  16  places  in  the  Code  a  new  Section  11  of  Article 
VII  (to  be  Article  VII-A)  pertaining  to  agreements  between  mem- 
bers of  the  Industry  and  resellers  or  gas.  It  is  required  that  re- 
sellers of  gas  are  bound  in  the  handling  of  such  products  to  comply 
with  the  provisions  of  Sections  1,  3  and  4  of  Article  VII  (to  be 
Article  VII-A),  provided,  however,  that  nothing  in  this  section  shall 
be  construed  to  mean  that  resellers  of  gas  are  bound  to  file  the  same 
rental  or  delivery  charges  filed  by  any  member  of  the  Industry. 
There  are  no  provisions  in  the  Code  concerning  the  prices  at  which 
the  products  of  the  Industry  are  sold  nor  does  it  include  any  provi- 
sion for  the  open  filing  of  prices.  All  resellers  of  gas  received  a 
notice  of  the  public  hearing  and  all  objections  were  met  in  revising 
the  provision  as  proposed  for  approval. 

Amendment  No.  17  creates  Article  VII-B  and  provides  trade 
practice  provisions,  which  are  self-explanatory,  for  the  medical  gas 
division  of  the  business. 

Amendment  No.  18  changes  the  term  "  members  of  the  Code " 
wherever  used  in  the  Code  as  approved  to  read  "  members  of  the 
Industry." 

The  purpose  and  efi^ect  of  the  amendment  which  was  submitted 
subsequent  to  those  on  which  the  public  hearing  was  held  is  as 
follows : 

Amendment  No.  19  places  in  the  Code  a  new  Section  12  of  Article 
VII  (to  be  Article  VII-A)  and  provides,  in  connection  with  con- 
tracts in  effect  prior  to  the  effective  date  of  the  Code,  that  the  trade 
practice  provisions  contained  in  Sections  3,  4  and  5  of  Article  VII 
(to  be  Article  VII-A)  shall  not  apply  if  they  were  not  specified  in 
such  contracts  but  that  said  provisions  shall  apply  with  re?pect  to 


132 

extended  or  renewal  periods  of  any  such  contract  when  extended  or 
-renewed  by  a  member  of  the  Industry.  This  amendment  clears  up  a 
difficulty  which  the  Industry  has  experienced  in  connection  with  con- 
^tracts  which  were  in  effect  prior  to  the  effective  date  of  the  Code. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ments to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter: 

I  find  that: 

i(a)  The  amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of  ob- 
structions to  the  free  flow  of  interstate  and  foreign  commerce  which 
tend  to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  tlie  organization  of  inchistry  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by  in- 
creasing the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
sub-secti(m  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  National  Oxygen  and  Acetylene  Association  was  and  is  an 
industrial  association  truly  representative  of  the  aforesaid  Industry 
and  that  said  association  imposed  and  imposes  no  inequitable  restric- 
tions on  admission  to  membership  therein  and  has  applied  for  these 
amendments. 

(d)  These  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  These  amendments  and  the  Code  as  amended  are  not  designed 
to  and  Avill  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendments. 

For  these  reasons,  these  amendments  have  been  approved. 
Respectfully, 

Hugh  S.  Johnson,    • 
Administrator. 
July  26,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  OXY-ACETYLENE  INDUSTRY 

Amendment  1.  In  Article  II — Definitions:  For  the  present  para- 
graph defining  ''  member  of  the  Industry  "  substitute  the  following : 

"•  The  term  '  member  of  the  Industry  ''  as  used  herein  includes,  but 
without  limitation,  any  individual,  partnership,  association,  corpora- 
tion or  other  form  of  enterprise  engaged  in  the  Industry,  either  as  an 
employer  or  on  his  or  its  own  behalf." 

Amendment 2.  In  Article  II — Definitions:  Delete  the  paragraph 
defining  "  member  of  the  Code." 

Amendment  3.  In  Article  II — Definitions :  Immediately  following 
definition  of  "  member  of  the  Industry  "  insert  the  following  two 
paragraphs : 

"  The  term  '  reseller  '  as  used  herein  includes  any  person,  firm  or 
other  form  of  enterprise,  selling  under  the  name  and  trademark  of 
another,  any  product  of  the  Industry, 

"  The  term  '  consumer '  as  used  herein  means  the  user  of  any 
product  of  the  Industry  as  differentiated  from  the  reseller." 

Amendment  4.  In  Article  III — Hours,  Section  1,  Line  5 :  Delete 
the  word  "  or "  and  insert  between  the  words  "  executive "  and 
"  capacity  "  the  words  "  or  technical."  Also  add  to  Section  1  the 
following : 

"  The  exception  of  employes  in  a  technical  capacity  is  not  to 
include  any  skilled  operating  employes  or  draftsmen." 

As  so  modified  said  Section  will  read  as  follows : 

"  Section  1.  On  and  after  the  effective  date  employers  in  the 
Industry  shall  not  operate  on  a  schedule  of  hours  of  labor  for  any 
of  their  employees  (except  any  person  employed  as  a  salesman^ 
engineer,  fireman,  loader,  truck  driver,  or  watchman,  or  employed  in 
a  managerial,  executive  or  technical  capacity  and  receiving  more 
than  $35.00  per  week)  in  excess  of  an  average  of  forty  (40)  hours 
per  week  over  any  period  of  six  (6)  weeks,  or  in  any  event  more 
than  forty-eight  (48)  hours  in  any  one  week.  The  exception  of 
employees  in  a  technical  capacity  is  not  to  include  any  skilled 
operating  employes  or  draftsmen." 

Amendment  5.  In  Article  VI — Administration:  Substitute  for 
the  present  Section  1  the  following: 

"  Section  1.  This  Code  shall  be  administered  by  a  Supervising' 
Agency  of  ten  (10)  persons  chosen  and  elected  by  the  members  of 
the  Industry  as  follows : 

"(a)  At  an  election  wherein  each  member  of  the  Industry  having 
a  net  sales  volume  of  products  of  the  Industry  of  $100,000.00  or 
less  per  annum  shall  be  entitled  to  one  vote  and  each  member  of 
the  Industry  having  a  net  sales  volume  in  excess  of  $100,000.00  per 
annum  shall  be  entitled  to  one  vote  with  respect  to  $100,000.00  of 

(133) 


134 

such  sales  volume  and  one  vote  with  respect  to  each  $200,000.00  or 
fraction  thereof  that  such  sales  volume  shall  be  in  excess  of  $100,-    ; 
000.00,  five  (5)  members  of  the  Supervising  Agency  may  be  elected   ) 
and  the  five  (5)  individuals  receiving  the  greatest  number  of  votes 
at  such  election  shall  become  members  of  the  Supervising  Agency. 

"(b)  At  an  election  wherein  each  member  of  the  Industry  is 
entitled  to  cast  one  vote,  five  (5)  members  of  the  Supervising  Agency 
shall  be  elected. 

"(c)  The  members  of  the  Agency  so  elected  shall  serve  for  the 
period  of  one  year  from  the  date  of  their  election  or  until  their 
successors  are  elected  and  qualified. 

"(d)  In  the  event  of  the  death  or  resignation  of  a  member  of  the 
Supervising  Agenc}",  his  successor  shall  be  elected  in  the  same  man- 
ner as  the  retiring  member. 

'"(e)  No  affirmative  action  can  be  taken  by  the  Supervising  Agency 
unless  seven  (7)  members  thereof  vote  in  favor  of  such  action. 

''(f)  In  addition  to  the  membership  as  above  provided,  there  may 
be  not  more  than  three  (3)  members,  without  vote  and  without 
compensation  from  the  Industry,  to  be  known  as  Administration 
Members,  to  be  appointed  by  the  Administrator  to  serve  for  such 
terms  as  he  may  specify. 

"(g)  The  provisions  for  a  Supervising  Agency  as  contained  in 
Section  1  of  Article  VI  as  originally  adopted  in  this  Code  shall 
remain  in  force  and  effect  until  the  election  and  qualification  of  a 
Supervising  Agency  in  accordance  with  the  foregoing  provisions." 

Amendment  6.  In  Article  VI — Administration:  Delete  Section  4. 

Amendment  7.  In  Article  VI — Administration :  Amend  Section  5 
to  designate  the  same  Section  4,  in  view  of  the  elimination  of  Section 
4  reported  above,  numbered  6. 

Amendment  8.  In  Article  VI — Administration:  Add  a  new  sec- 
tion to  be  numbered  Section  5  and  to  read  as  follows : 

"  Section  5.  The  Supervising  Agency  shall  appoint  a  Trade  Prac- 
tice Committee  which  shall  meet  with  the  Trade  Practice  Commit- 
tees api^ointed  under  such  other  Codes  as  may  be  related  to  the 
Industry  for  the  purpose  of  formulating  fair  trade  practices  to 
govern  the  relationships  between  members  of  the  Industry  under 
this  Code  and  members  of  other  industries  under  such  other  Codes 
to  the  end  that  such  fair  trade  practices  may  be  proposed  to  the 
Administrator  as  amendments  to  this  Code  and  such  other  Codes." 

Amendment  9.  In  Article  VI — Administration :  Substitute  for  the 
present  Section  6  the  following: 

"  Section  6.  (A)  It  being  found  necessary  in  order  to  support  the 
administration  of  this  Code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of 
the  Act,  the  Supervising  Agency  is  authorized  : 

"(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

"  (2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 


135 

purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  the  budget  shall  be  contributed  by  members  of  the 
Industry ; 

"  (3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  Industry,  and  to 
that  end,  if  necessary  to  institute  legal  proceedings  therefor  in  its 
own  name. 

"(B)  Each  member  of  the  Industry  shall  paj^  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Supervising 
Agency,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  j)ertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, (unless  duly  exempted  from  making  such  contribution)  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Super- 
vising Agency  or  to  receive  the  benefits  of  any  of  its  voluntary  activi- 
ties or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Recovery  Administration. 

"(C)  The  Supervising  Agency  shall  neither  incur  nor  pay  any 
obligation  in  excess  of  the  amount  thereof  as  estimated  in  its  ap- 
proved budget,  except  upon  approval  of  the  Administrator;  and  no 
subsequent  budget  shall  contain  any  deficiency  item  for  expenditures 
in  excess  of  prior  budget  estimates  except  those  which  the  Admin- 
istrator shall  have  so  approved." 

Amendment  10.  Change  the  designation  of  Article  VII — Trade 
Practices,  to  Article  VII-A^ — Trade  Practices — General  Provisions. 

Amendment  11,  In  Article  VII,  to  be  Article  VII-A :  In  Section  3, 
change  the  semicolon  at  the  end  of  said  section  to  a  period,  and  add 
the  following: 

"  Such  rental  may  be  calculated  (a)  by  the  "  Numerical  System  ", 
i.e.,  a  computation  for  each  individual  cylinder,  or  (b)  by  the  "  Cylin- 
der Quantity  "  method,  i.e.,  a  monthly  computation  based  on  the 
number  of  da,ys  cylinders  are  retained  by  customers  in  excess  of  thirty 
(30)  days,  without  regard  to  any  individual  cylinder.  It  shall  not 
be  permissible  to  consolidate  for  rental  computation  purposes  the 
cylinder  records  of  any  given  customer  having  more  than  one  receiv- 
ing point,  except  for  such  points  as  are  strictly  temporary  in  char- 
acter and/or  where  customer's  receiving  points  are  so  near  to  each 
other  that  the  interchange  of  cylinders  naturally  and  commonly 
occurs." 

Amendment  12.  In  Article  VII,  to  be  Article  VII-A :  In  Section 
4,  after  the  word  "  warehouse  "  insert  the  words  "or  freight  station 
at  the  point  of  origin  of  shipment  "  and  rearrange  wording  of  clause 
(1)  to  read  as  follows: 

"  (1)  a  price  f.o.b.  plant,  warehouse  or  freight  station  at  the  point 
of  origin  of  shipment;  " 

As  so  revised  said  Section  4  will  read  as  follows : 

"  Section  4.  Failing  to  charge  for  all  gases  sold  (1)  a  price  f.o.b, 
plant,  warehouse  or  freight  station  at  the  point  of  origin  of  ship- 
ment; (2)  a  delivery  charge  to  be  filed  by  each  member  of  the  In- 
dustry with  the  Supervising  Agency  which  shall  be  open  to  inspec- 
tion by  any  member  of  the  Industry,  or  otherwise  interested  party;" 


136 

Amendment  13.  In  Article  VII,  to  be  Article  VII-A :  Revise  Sec- 
tion 8  to  read  as  follows : 

"  Section  8.  Sections  3,  4,  6  and  11  of  Article  VII-A  do  not  apply 
to  medical  gases  when  sold  on  a  gallonage  basis  for  medical  use 
only," 

Amendment  11.  In  Article  VII,  to  be  Article  VII-A:  Insert  a 
new  Section  9  to  read  as  follows : 

'"  Section  9.  No  member  of  the  Industry  shall  give,  permit  to  be 
given  or  directly  offer  to  give  anything  of  value  for  the  purpose  of 
influencing  or  rewarding  the  action  of  any  employee,  agent  or  repre- 
sentative of  another  in  relation  to  the  business  of  the  employer  of 
such  employee,  the  principal  of  such  agent  or  the  represented  party, 
without  the  knowledge  of  such  employer,  principal  or  party.  Com- 
mercial bribery  provisions  shall  not  be  construed  to  prohibt  free  and 
general  distribution  of  articles  commonly  used  for  advertising  except 
so  far  as  such  articles  are  actually  used  for  commercial  bribery  as 
hereinabove  defined." 

Amendment  15.  In  Article  VII,  to  be  Article  VII-A :  Insert  a  new 
Section  10  to  read  as  follows : 

"  Section  10.  Lending,  leasing  or  giving  away  apparatus  designed 
to  use  oxygen  or  acetylene,  or  substitutes  therefor,  in  cutting  or 
welding  of  metals  by  hand,  as  differentiated  from  automatic,  semi- 
automatic or  electrically-powered  apparatus  or  equipment  or  acces- 
sories used  therewith  or  manifolds  or  distributing  systems. 

"This  provision  shall  not  apply  to  (a)  railroad  companies;  (b) 
other  consumers  with  whom  lending  or  leasing  arrangements  were 
in  effect  prior  to  June  18,  1934,  provided  a  record  of  such  consumers 
and  evidence  that  such  arrangements  were  in  effect  prior  to  said  date 
is  filed  with  the  Chairman  of  the  Supervising  Agency  within  fifteen 
(15)  days  after  the  effective  date  of  this  modification;  (c)  competi- 
tive situations  caused  otherwise  than  by  a  member  of  the  Industry, 
provided  that  full  details  shall  be  reported  to  the  Chairman  of  the 
Supervising  Agency  immediately  following  the  execution  of  any 
agreement  made  pursuant  to  this  sub-section  (c)." 

Amendment  16.  In  Article  VII,  to  be  Article  VII-A:  Insert  a 
new  Section  11  to  read  as  follows: 

"  Section  11.  All  agreements  between  members  of  the  Industry 
and  resellers  of  gases  shall  specify  that  the  reseller  is  required  and 
bound  in  the  handling  of  such  products  to  comply  with  the  provi- 
sions set  forth  in  the  foregoing  Sections  1,  3  and  4,  provided,  how- 
ever, that  nothing  in  this  Section  shall  be  construed  to  mean  that 
resellers  of  gas  are  bound  to  file  the  same  rental  or  delivery  charges 
filed  by  any  member  of  the  Industry ;  and  it  shall  also  be  mandatory 
on  members  of  the  Industry  either  to  require  correction  of  any  re- 
})orted  infraction  of  such  Sections  by  a  reseller  or  to  terminate  its 
agreement  with  such  reseller  within  thirty  (30)  days  after  notice 
from  tlie  Supervising  Agency  that  such  reseller  has  been  guilty  of 
and  has  not  corrected  such  infraction." 

Amendment  17.  After  the  end  of  Article  VII,  to  be  Article  VII-A  r 
Insert  a  new  Article  VII-B — Trade  Practices — Special  Medical 
Gas  Provisions,  to  read  as  follows : 

"  In  addition  to  the  trade  practices  set  forth  in  Article  VII-A, 
the   following   practices    in   the   manufacture   and   distribution   of 


137 

medical  gases  constitute  unfair  methods  of  competition  and  are 
prohibited : 

"  Section  1.  Consigning  or  storing  products  of  the  Medical  Gas 
Industry  on  property  of  any  user  or  purchaser  or  prospective  pur- 
chaser thereof  to  be  paid  for  as  sold. 

"  Section  2.  Giving  or  lending  any  products  or  equipment  or 
other  facilities  in  conjunction  with  the  use  of  Medical  Gases  with- 
out making  adequate  and  proper  charge  therefor,  as  an  inducement 
to  obtain  any  competitor's  business  by  contract  or  otherwise;  pro- 
vided, however,  that  this  provision  shall  nto  be  construed  to  prohibit 
the  placing  of  equipment  on  trial  or  approval  in  good  faith  for  a 
period  not  to  exceed  thirty  (30)  days. 

"  Section  3.  Within  sixty  (60)  days  from  the  effective  date  of  this 
amendment  each  member  of  the  medical  gas  division  shall  file  a 
schedule  of  monthly  cylinder  rental  charges,  individually  prepared 
by  the  members,  with  the  Supervising  Agency,  which  schedule  shall 
take  effect  immediately  upon  being  filed  and  shall  be  based  upon 
the  net  value  of  cylinders  outstanding  at  the  end  of  each  month 
with  an  allowance  of  a  normal  free  loan  period  without  rental 
charges  of  thirty  days,  which  under  no  circumstances  shall  be  ex- 
tended beyond  ninety  (90)  days. 

"  Each  schedule  may  be  changed  by  filing  with  the  Supervising 
Agency  revised  schedule  to  take  effect  also  immediately  upon  filing. 
The  Supervising  Agency  shall  make  such  prices  available  to  the 
inspection  by  the  public  at  its  official  place  of  business  during  usual 
office  hours.  No  member  of  the  medical  gas  division  shall  charge 
less  for  rental  of  cylinders  than  the  rate  set  forth  on  a  cylinder 
rental  charge  schedule  as  filed  with  the  Supervising  Agency,  or 
rebate  such  charge  if  justly  made." 

Amendment  18.  In  Article  IX,  lines  8,  13  and  15,  change  the 
term  "  members  of  the  Code  "  to  read  "  members  of  the  Industry." 

Amendment  19.  In  Article  VII,  to  be  Article  VII-A:  Add  the 
following  Section  12 : 

"  Section  12.  The  provisions  set  forth  in  the  foregoing  Sections  3, 
4  and  5  shall  not  be  construed  to  require  making  or  collecting  charges 
for  or  with  respect  to  products  of  the  Industry  sold  under  contracts 
in  effect  at  the  effective  date  of  the  Code,  other  than  the  charges 
provided  for  in  such  contracts;  provided,  however,  that  the  said 
provisions  shall  apply  with  respect  to  extended  or  renewal  periods 
of  any  such  contract  extended  or  renewed  by  a  member  of  the 
Industry." 

Approved  Code  No.  155 — Amendment  No.  1. 
Register  No.  1150-02. 


80835—34- 


Approved  Code  No.  219 — Amendment  No.  3 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

BEDDING  MANUFACTURING  INDUSTRY 

As  Approved  on  July  27,  1934 


OKDER 


Approving   Amendment   of   Code   of   Fair    Competition   for   the 
Bedding  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Bedding  Manufacturing 
Industry,  and  notice  of  opportunity  to  file  objections  thereto  having 
been  issued,  and  the  annexed  report  on  said  amendment,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vestecl  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dat^d  December  30, 
1933,  and  otherwise;  do  hereby  incorporate,  by  reference  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment 
be.  and  it  is  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  ag  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

July  27,  193 It. 

(139) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  amendment  of  the  Code  of  Fair  Com- 
petition for  the  Bedding  Manufacturing-  Industry  as  approved  by 
me  January  23,  1934.  Application  Avas  made  under  date  of  May  4, 
1934,  by  the  Code  Authority  for  the  Bedding  Manufacturing  Indus- 
try, for  amendment  of  the  provisions  of  Article  VIII  of  the  Code. 
Fair  notice  of  opportunity  to  file  objections  to  this  proposed  amend- 
ment was  given  to  all  interested  parties. 

This  amendment  is  drawn  up  and  has  been  proposed  in  accordance 
with  Office  Memorandum  No.  228,  dated  June  7,  1934.  It  is  intended 
to  permit  the  prohibition,  in  times  of  emergency,  of  the  sale  of 
products  below  minimum  prices  to  be  determined. 

This  amendment  does  not  in  any  way  affect  the  labor  provisions 
of  the  Code. 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  amendment  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof  and  will  provide  for  the  general 
welfare  by  ])romoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of 
the  present  productive  capacity  of  industries,  by  avoiding  undue 
restriction  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provision  of  said  Title  of  said  Act,  including  without  limitation 
sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7,  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not  oper- 
ate to  discriminate  against  them. 

(140) 


141 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

I  believe  the  amendment  to  be  fair  to  labor,  to  the  consmner,  and  to 
the  industry,  and  for  these  reasons,  therefore,  I  have  approved  this 
amendment. 

Kespectfully, 

Hugh  S.  Johnson, 

Adtninistrator. 

July  27.  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR  THE 
BEDDING  :MANUFACTURING  INDUSTRY 

Article  VIII  of  the  Code  of  Fair  Competition  for  the  Bedding 
Manufacturing^  Industry,  shall  be  and  herebj^  is  amended  b}'  the 
addition  thereto  of  the  following  paragraphs : 

"  (a)  If  the  Administrator,  after  investigation  shall  at  any  time 
find  both  (1)  that  an  emergency  has  arisen  within  the  industry 
adversely  affecting  small  enterprises  or  wages  or  labor  conditions, 
or  tending  toward  monopoly  or  other  acute  conditions  which  tend 
to  defeat  the  purposes  ot  the  Act;  and  (2)  that  the  determination 
of  the  stated  minimum  price  for  a  specified  product  within  the 
industry  for  a  limited  period  is  necessary  to  mitigate  the  conditions 
constituting  such  emergency  and  to  effectuate  the  purposes  of  the 
Act,  the  Code  Authority  may  cause  an  impartial  agency  to  in- 
vestigate costs  and  to  recommend  to  the  Administrator  a  determina- 
tion of  the  stated  minimum  price  of  the  product  affected  bj'  the 
emergency  and  thereupon  the  Administrator  may  proceed  to  de- 
termine such  stated  minimum  price. 

'•  (b)  "When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  National  In- 
dustrial Recovery  Act,  he  shall  publish  such  price.  Thereafter,  dur- 
ing such  stated  p.eriod,  no  member  of  the  industry  shall  sell  such 
specified  products  at  a  net  realized  price  below  said  stated  minimum 
price  and  any  such  sale  shall  be  deemed  destructive  price  cutting. 
From  time  to  time,  the  Code  Authority  may  recommend  review  or 
reconsideration  or  the  Administrator  may  cause  any  determinations 
hereunder  to  be  reviewed  or  reconsidered  and  appropriate  action 
taken." 

Approved  Code  No.  219 — Amendment  No.  3. 
Ke.i,'istry  No.  1007-1-01. 

(142) 


Approved  Code  No.  37 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

BUILDERS  SUPPLIES  TRADE 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  to  Code  or  Fair  Competition  for  the 
Builders  Supplies  Trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  the  Code  of  Fair  Competition  for  the  Builders'  Supplies 
Trade  Industry,  and  an  opportunity  to  be  heard  thereon  having 
been  duly  afforded  to  all  interested  parties  and  the  annexed  report 
on  said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as  con- 
stituted after  being  amended  comply  in  all  respects  with  the  perti- 
nent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be  and 
it  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended,  such  approval  and  such  amendment  to  take  effect  on 
the  date  hereof. 

Hugh  S.  Johnson, 
Adrmnistrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  AdmAnistrator. 

Washington,  D.C, 

July  27,  193Jf. 

(143) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  a  modification  of  the  Code  of  Fair  Com- 
petition for  the  Builders  Supplies  Trade  Industry,  in  accordance 
with  Administrative  Order  X-;3(),  of  jNIay  26,  1934,  relative  to  col- 
lection of  Expenses  of  Code  Administration. 

This  amendment  is  proposed  in  substitution  for  Article  VII,  Para- 
graj)lis  one,  two  and  three  of  the  Builders  Supplies  Trade  Industry 
Code,  approved  October  3,  1033.  An  opportunity  to  be  heard  has 
been  accorded  to  all  interested  parties. 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  amendment  to  said  Code  having'  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  wdiich  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through  in- 
creasing purchasing  power,  by  reducing  and  relieving  unemployment, 
by  improving  standards  of  labor,  and  by  otherwise  rehabilitating 
industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion sub-sect i(m  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and 
sub-section  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

Said  amendment  is  accordingly  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
JrLY27,  1934. 

(H4) 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  BUILDERS  SUPPLIES  TRADE 

Strike  out  paragraphs  one,  two  and  three  of  Article  VII  of  the 
Code  of  Fair  Competition  for  the  Builders  Supplies  Trade  Industry,, 
and  substitute  therefor  the  following : 

"  1.  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

"(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  whicli  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

"(b)  To  submit  to  the  Administrator  for  his  approval,  sub- 
ject to  such  notices  and  opportunity  to  be  heard  as  he  may  deem 
necessary  (1)  an  itemized  budget  of  its  estimated  expenses  for 
the  foregoing  purposes,  and  (2)  an  equitable  basis  upon  which 
the  funds  necessary  to  support  such  budget  shall  be  contributed 
by  members  of  the  Trade; 

"(c)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain  equita- 
ble contribution  as  above  set  forth  by  all  members  of  the  Trade, 
and  to  that  end,  if  necessary,  to  institute  legal  proceedings 
therefor  in  its  own  name. 

"  2.  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regu- 
lations pertaining  thereto  issued  by  the  Administrator.  Only  mem- 
bers of  the  Trade  complying  with  the  Code  and  contributing  to  the 
expenses  of  its  administration  as  hereinabove  provided,  unless  duly 
exempted  from  making  such  contributions,  shall  be  entitled  to  par- 
ticipate in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration. 

"  3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget  and  shall  in  no  event  exceed  the  total  amount  con- 
tained in  the  approved  budget,  except  upon  approval  of  the  Admin- 
istrator ;  and  no  subsequent  budget  shall  contain  any  deficiency  item 
for  expenditures  in  excess  of  prior  budget  estimates  except  those 
Avhich  the  Administrator  shall  have  so  approved." 

Approved  Code  No.  37 — Amendment  No.  1. 
Registry  No.  1013-3-02. 

(145) 


Approved  Code  No.  40 — Amendment  No,  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 


FOR  THE 


ELECTRIC  STORAGE  AND  WET  PRIMARY 
BATTERY  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  to  Code  of  Fair  Competition  for  the 
Electric  Storage  and  Wet  Primary  Battery  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provision  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  the  Code  of  Fair  Competition  for  the  Electric  Storage  and 
Wet  Primary  Battery  Industry  (a  copy  of  said  amendment  is 
attached  hereto  and  clenominated  Exhibit  "A"),  and  as  contained 
in  a  Published  Notice  of  Opportunity  to  be  Heard,  Administrative 
Order  No.  40-5,  dated  June  27,  1934,  and  no  objections  having  been 
filed  as  provided  in  said  Published  Notice,  and  the  annexed  report 
on  said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States.  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said  annexed 
report  and  do  find  that  said  amendment  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of  said 
Act,  and  do  hereby  order  that  said  amendment  be  and  it  is  hereby 
approved,  and  that  the  previous  approval  of  said  Code  is  hereby 
amended  to  include  an  approval  of  said  Code  in  its  entirety  as 
amended,  such  approval  and  such  amendment  to  take  effect  ten  (10) 
days  from  the  date  hereof,  unless  good  cause  to  the  contrary  is  shown 
to  the  Administrator  before  that  time  and  the  Administrator  issues 
a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 
Division  Administrator. 

Washington,  D.C, 

July  ^7,  1931 

(147) 


REPORT  TO  THE  PRESIDENT 

The  President, 

llie  White  House. 

Sir:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  an  amendment  to  the  Code  of  Fair  Competition  for  the 
Electric  Storage  and  Wet  Primary  Batt-ery  Industry,  submitted  by 
the  Code  Authority  for  the  said  Industry, 

The  existing  provision  of  Article  IX  of  the  Code  for  said  Industry 
is  entirely  inadequate  in  view  of  Executive  Order  6678.  dated  April 
14,  1934,  and  Administrative  Order  X-36,  dated  May  26,  1934,  and 
it  is  therefore  evident  that  the  proposed  amendment  to  Article  VI 
of  said  Code,  the  provisions  of  which  follow  closely  the  text  of  the 
above  mentioned  Orders,  will  overcome  the  existing  inadequate 
provisions. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for  the 
general  welfare  by  promoting  the  organization  of  industry  for  the 
purpose  of  cooperative  action  among  trade  groups,  by  inducing  and 
maintaining  united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue 
restrictions  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  poAver,  by  reducing  and  reliev- 
ing unemployment,  by  improving  standards  of  labor,  and  by  other- 
wise rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and  Subsec- 
tion (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminat^^  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(148) 


149 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment. 

Hugh  S.  Johnson, 

Administrator. 
July  27,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  ELECTRIC  STORAGE  AND  WET  PRIMARY  BAT- 
TERY INDUSTRY 

EXHIBIT    "a" — AMENDMENT 

Delete  Article  IX  and  amend  Article  VI  by  adding  a  new  section 
tliereto,  to  read  as  follows: 

3  (a)  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized  : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  Code; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  ma}'  deem 
necessary  (1)  an  itemized  budget  of  its  estimated  expenses  for 
the  foregoing  purposes,  and  (2)  an  equitable  basis  upon  which 
the  funds  necessary  to  support  such  budget  shall  be  contributed 
by  members  of  the  industry; 

(3)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain  equi- 
table contribution  as  above  set  forth  by  all  members  of  the 
industry,  and  to  that  end,  if  necessary,  to  institute  legal  proceed- 
ings therefor  in  its  own  name. 

(b)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  industry  complying  with  the  code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Code  Authority  or  to  receive  the  benefits  of  any  of  its  volun- 
tary activities  or  to  make  use  of  any  emblem  or  insignia  of  the 
National  Recovery  Administration. 

(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Admin- 
istrator shall  have  so  approved. 

Approved  Code  No.  40 — Ainendmeut  No.  1. 
Registry  No.  699-1-05. 

(150) 


Approved  Code  No.  98 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

FIRE  EXTINGUISHING  APPLIANCE  MANUFACTUR- 
ING INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  to  Code  of  Fair  Competition  for  the  Fire 
Extinguishing  Appliance  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Fire  Extinguishing 
ApiDliance  Manufacturing  Industry,  and  hearings  having  been  duly 
held  thereon  and  the  annexed  report  on  said  amendment,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code 
as  constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  such  approval  and  such  amendment  to  take 
effect  10  days  from  the  date  hereof,  unless  good  cause  to  the  con- 
trary is  shown  to  the  Administrator  before  that  time  and  the  Admin- 
istrator issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
AdTTiinistrator  for  Industrial  Recovery. 

Approval  recommended: 
C.  E.  Adams, 

Division  AdTTiinistrator. 

Washington,  D.C, 

July  27,  1931^. 

(151) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  an  amendment  to  the  Code  of  Fair  Competition  for  the  Fire 
ExtintTuishino;  Appliance  Manufacturing  Industry,  submitted  by  the 
Code  Authority  for  the  said  Industry. 

The  existing  provision  of  Article  VI  Section  2  (h)  of  the  Code 
for  said  Industry  is  entirely  inadequate  in  view  of  Executive  Order 
6678,  dated  April  14,  1934,  and  Administrative  Order  X-36,  dated 
May  26,  1934,  and  it  is  therefore  evident  that  the  proposed  amend- 
ment to  Article  VI  of  said  Code,  the  provisions  of  which  follow 
closely  the  text  of  the  above  mentioned  Orders,  will  overcome  the 
existing  inadequate  provisions. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  inclustry  for  the  purpose  of 
cooperative  action  among  trade  groups,  by  inducing  and  maintaining 
united  action  of  labor  and  management  under  adequate  governmental 
sanction  and  supervision,  by  eliminating  unfair  competitive  prac- 
tices, by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  the  industries,  by  avoiding  undue  restrictions 
of  production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through  in- 
creasing purchasing  power,  by  reducing  and  relieving  unemployment, 
by  improving  standards  of  labor,  and  by  otherwise  rehabilitating 
industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and  Sub- 
section (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
(»perat€  to  discriminate  against  them. 

(152) 


153 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 
For  these  reasons,  therefore,  I  have  approved  this  amendment. 

Hugh  S.  Johnson, 

A  dministrator. 
July  27,  1934. 


80835—34- 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  FIRE  EXTINGUISHING  APPLIANCE  MANUFAC- 
TURING INDUSTRY 

Amend  Article  VI  by  deletino-  Section  2  (h)  and  substituting  in 
lieu  thereof  the  followin<r : 

(h)  1.  It  being  found  necessary  in  order  to  support  the  admin- 
istration of  this  Code  and  to  maintain  the  standards  of  fair  compe- 
tition established  liereunder  and  to  effectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized  : 

(a)  To  incur  such  reasonable  obligations  as  are  necessarj^  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations 
out  of  funds  Avhich  may  be  raised  as  hereinafter  ])rovided  and 
wiiich  shall  be  held  in  trust  for  the  purposes  of  the  Code. 

(b)  To  submit  to  the  A(hiiinistrator  for  his  approyal,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  nec- 
essary, (1)  an  itemized  budget  of  its  estimated  expenses  for  the 
foregoing  purposes,  and  (2)  an  e^juitable  ba^is  upon  which  the 
funds  necessary  to  support  such  budget  shall  be  contributed  by 
members  of  the  Industry; 

(c)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain  equi- 
table contribution  as  above  set  forth  by  all  members  of  the  in- 
dustry, and  to  that  end.  if  necessary,  to  institute  legal  proceed- 
ings therefor  in  its  own  name.  • 

2.  Each  member  of  the  industry  sludl  i)a3'  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  industry  complying  with  the  Code  and  con- 
tributing to  tlie  expenses  of  its  administration  as  hereinabove  pro- 
vided, shall  be  entitled  to  j^arti  ipate  in  the  selection  of  members  of 
the  Code  Authority  or  to  receive  tlie  benefits  of  any  of  its  voluntary 
activities  or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Recovery  Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  sub- 
sequent budget  shall  contain  any  deficiency  item  for  expenditures 
in  excess  of  prior  budget  estimates  except  those  v.hich  the  Adminis- 
trator shall  have  so  approved. 

Aii)rovecl  Code  No.  98 — Ameudiimit  No.  1. 
lit'gistiy  No.  1314-01. 

(l.")4) 


Appro\ed  Code  No.  266 — Amendment  No.  1 

AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

INLAND  WATER  CARRIER  TRADE  INTHE 
EASTERN  DIVISION  OF  THE  UNITED  STATES 
OPERATING  VIA  THE  NEW  YORK  CANAL 
SYSTEM 

As  Approved  on  July  27,  1934 


OKDER 


ArPROviNG  Amexdmext  to  Code  of  Fair  Competition  for  the 
IxLAND  Water  Carrier  Trade  in  the  Eastern  Division  of  the 
United  States  Operating  Via  the  New  York  Canal  System 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industiial 
Recover}^  Act.  approved  June  IG,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Inland  Water  Carrier 
Trade  in  the  Eastern  Divi.sion  uf  the  United  States,  operating  via 
the  New  York  Canal  System,  and  opportunity  to  be  heard  having  been 
duly  afforded  all  interested  parties  and  the  annexed  report  on  said 
amendment,  containing  findings  with  respect  thereto,  having  been 
made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States.  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority'  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  G543-A,  dated  December  30, 
1933.  and  otherwise,  do  hereby  incorporate  by  reference,  said  annexed 
report  and  do  find  that  said  amendment  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of 
said  Act.  and  do  hereby  order  that  said  amendment  be  and  it  is 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended,  such  approval  and  such  amendment  to  take  effect  ten 
(10)  days  from  the  date  hereof,  unless  good  cause  to  the  contrary  is 
shown  to  the  Administrator  before  that  time  an.d  the  Administrator 
issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 
D  ivls'io  1 1  A  d7)im  is  t  rat  or. 

Washington,  D.C, 

July  27,  193 If. 

(155) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  an  Amendment  to  the  Code  of  Fair  Competition  for  the 
Inland  Water  Carrier  Trade  in  the  Eastern  Division  of  the  United 
States  operatinj^  via  the  New  York  Canal  System,  submitted  by  the 
Code  Authority  for  the  said  Trade. 

The  existing-  provision  of  Article  X,  Section  9  of  the  Code  for 
said  Trade,  is  entirelv  inadequate  in  view  of  Executive  Order  6678 
and  Administrative  Order  X-36,  and  it  is  therefore  evident  that  the 
proposed  amendment  to  Article  X  of  said  Code,  the  provisions  of 
which  follow  closely  the  text  of  the  above  mentioned  Orders,  will 
overcome  the  existing  inadequate  provisions. 

FINDINGS  m 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendment  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  tlie  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue  re- 
strictions of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Secticm  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  iDehalf  of  the  Trade  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(150) 


157 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore.  I  have  approved  this  amendment. 
Respectfully, 

Hugh  S.  Johnson, 

Administ7'atoi\ 
July  27,  1934. 


A:ViEXDMENr  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  IXLAXD  AVATER  CARRIER  TRADE  IN  THE  ExVST- 
ERN  DIVISION  OF  THE  UNITED  STATES  OPERATING 
YIA  THE  NEW  YORK  CANAL  SYSTEM 

Amend  Article  X  by  deleting  the  present  Section  9  and  substitut- 
in«^  in  lieu  thereof  a  new  Section  9  reading  as  follows : 

Section  9  (1).  It  being  found  necessary,  in  order  to  support  the 
administration  of  this  Code  and  to  maintain  the  standards  of  fair 
conqjetition  established  b}'  this  Code  and  to  effectuate  the  policy  of 
the  Act,  the  Code  Authority  is  authorized,  subject  to  the  approval  of 
the  Administrator: 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  ajid  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary, 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  {'2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  sucii  budget  shall  be  contributed  by  members  of  the 
Trade ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Aclmin.istrator,  to  determine  and  secure  equitable  con- 
tribution as  above  set  forth  by  all  such  members  of  the  Trade,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

(2).  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regula- 
tions pertaining  thereto  issued  by  the  Administrator.  Only  members 
of  the  Trade  complying  with  the  code  and  contributing  to  the  ex- 
penses of  its  administration  as  hereinabove  provided,  shall  be  entitled 
to  participate  in  the  selection  of  members  of  the  Code  Authority 
or  to  receive  the  benefits  of  any  of  its  voluntary  activities  or  to 
make  use  of  any  eiublem  or  insignia  of  the  National  Recovery 
Administration. 

(a)  The  expenses  of  administering  the  Code  shall  be  prorated 
equitably  among  all  members  of  the  Trade  on  the  basis  of  tonnage 
carried  and  at  the  rate  of  assessment  provided  in  the  budget  for  the 
Trade  approved  by  the  Administrator.  A  report  of  the  tonnage 
carried  the  preceding  month  shall  be  filed  with  the  Code  Authority 
by  each  member  of  the  Trade  within  ten  ( 10)  days  after  the  close  of 
each  calendar  month. 

(b)  Changes  in  the  rate  of  assessment  provided  in  the  budget 
for  the  Trade  may  be  made  upon  application  by  the  Code  Authority 
to  the  Administrator  and  become  effective  upon  his  approval. 

(158) 


159 

(3).  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  and  shall  in  no  event,  exceed  the  total  amount 
contained  in  the  approved  budget,  except  upon  approval  of  the  Ad- 
ministrator; and  no  subsequent  budget  shall  contain  any  deficiency 
item  for  expenditures  in  excess  of  prior  budget  estimates  except 
those  which  the  Administrator  shall  have  so  approved. 

Approved  Code  No.  266 — Amendiiieut  No.  1. 
Registry  No.  1417-14. 


Approved  Code  No.  113 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

LIMESTONE  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment   of   Code  of   Fair    Competition   for   the 
Limestone  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Limestone  Industry, 
and  a  Notice  of  Opportunity  to  be  Heard  having  been  duly  given 
thereon  and  the  annexed  report  on  said  amendment,  containing  find- 
ings with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Adtninistrator, 

Washington,  D.C, 

July  27, 19S1^. 

(161) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  a  modification  of  the  Code  of  Fair  Com- 
petition for  the  Limestone  Industry,  in  accordance  with  Administra- 
tive Order  X-36,  of  May  2G,  1934,  relative  to  collection  of  Expenses 
of  Code  Administration. 

This  amendment  is  proposed  in  substitution  for  Article  VI,  Sec- 
tion 1  (e),  sub-section  6,  of  the  Limestone  Code,  approved  November 
14,  1933.  An  opportunity  to  be  heard  has  been  accorded  to  all 
interested  parties. 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
jjaid  amendment  to  said  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
"uell  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  wdll  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by  in- 
creasing the  consumption  of  industrial  and  agi'icultural  products 
through  increasing  purchasing  powder,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
subsection  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empow-ers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  wnll  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

Said  amendment  is  accordingly  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  27,  1934. 

(162) 


AMENDMENT   TO    CODE    OF   FAIR   COMPETITION    FOR 
THE  LIMESTONE  INDUSTRY 

Delete  present  Sub-section  C,  of  Section  1,  (e)  of  Article  VI  and 
substitiue  the  following  as  subsection  6 : 

a.  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  act,  the 

"Code  Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  code ; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem 
necessary  (1)  an  itemized  budget  of  its  estimated  expenses  for 
the  foregoing  purposes,  and  (2)  an  equitable  basis  upon  which 
the  funds  necessary  to  support  such  budget  shall  be  contributed 
by  members  of  the  industry; 

(3)  After  such  biidget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain  equi- 
table contribution  as  above  set  forth  by  all  members  of  the 
industry,  and  to  that  end,  if  necessary,  to  institute  legal  pro- 
ceedings therefor  in  its  own  name. 

b.  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contributions,  shall  be  entitled  to 
partici])ate  in  the  selection  of  members  of  the  Code  Authority  or 
to  receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make 
use  of  any  emblem  or  insignia  of  the  National  Recovery  Adminis- 
tration. 

c.  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget,  excej^t  upon  approval  of  the  Administrator; 
and  no  subsequent  budget  shall  contain  any  deficiency  item  for  ex- 
penditures in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  shall  have  so  approved. 

Approved  Code  No.  113-  Amendment  No.  2. 
Registry  No.  1026-09. 


Approved  Code  No.  9 — Amendment  No.  16 

AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving   Amendment   of    Code    of    Fair   Competition   for    the 
Lumber  and  Timber  Products  Industry 

An  application  having  been  duly  made  pursuant  to  and  and  in 
full  compliance  with  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16.  1933,  for  approval  of  an  amend- 
ir;er!t  to  the  Co;le  of  Fair  Crmpetition  for  the  Lumber  and  Timber 
Products  Industries,  and  an  opportunity  to  file  objections  thereto 
having  been  given,  and  the  annexed  report  on  said  amendment,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President: 

NOW,  THEREFORE.  On  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  Number  6543-A,  dated  De- 
cember 30.  1933.  and  otherAvise,  do  hereby  incorporate  by  reference, 
said  ajmexed  report  and  do  find  that  said  amendment  and  the  Code 
as  constituted,  after  being  amended,  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety,  as  amended. 

Hugh  S.  Johnson, 
Adm'nthtrator  for  Induatr'ml  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington.  D.C, 

July  27,  WSJi. 

(165) 


REPORT  TO  THE  PRESIDENT 

The    pRK.SIDKXT, 

The  White  House. 

Sir;  Under  the  Code  of  Fair  Competition  for  the  Lumber  and 
Timber  Products  Iridustries,  as  approved  b}^  you  on  Aueriist  19,  1933, 
the  Lumber  Code  Authority  has  submitted  its  Amendment  No.  70 
whieli  is  included  and  attached. 

Notice  of  Opportunity  to  File  Objections  to  the  Amendment  vras 
pul)lished  on  May  16,  1934,  allowing  a  fifteen  (15)  day  period  in 
which  interested  parties  might  file  their  objections.  I  am  informed 
by  the  Deputy  Administrator  that  no  objections  were  filed  with  him 
either  during  or  subsequent  to  the  period  above  mentioned. 

The  Amendment  is  in  accordance  with  model  code  provisions  for 
mandatory  contributions  and  authorizes  the  Lumber  Code  Authority 
to  conduct  investigations  and  make  reports  to  the  Administrator,  to 
incur  reasonable  obligations  for  administration  of  the  Code  and 
maintenance  of  the  standards  of  fair  competition  established  by  the 
Code  and  to  collect  fees  on  an  equitable  basis  of  contribution  for 
the  support  of  the  Lumber  Code  Authority. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
Amendment  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  Amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  ol)struc- 
tions  to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  tlie  purpose 
of  cooperative  action  of  labor  and  management  under  aiU^quate  gov- 
ernmental sancti<m  and  supervision,  b}'  eliminating  unfair  c(jmpeti- 
tive  practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  com])lies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said Amendment  on  behalf  of  the  industry  as  a  wdiole. 

(d)  The  Amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(166) 


167 

(e)  The  Amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them, 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendment. 

For  these  reasons,  therefore,  I  have  approved  this  Amendment  to 
the  Code. 

Kespectfully, 

Hugh  S.  Johnson, 

A  dirdnis  trator. 
July  27,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR  THE 
LUMBER  AND  TIAIBER  PRODUCTS  INDUSTRY 

Amendment  No.  TO:  Amend  Article  IV  by  .substituting  a  period 
for  the  comma  after  the  words  '•  as  the  Authority  may  require  ",  and 
by  striking  therefrom  the  foHowing: 

"and  each  person  subject  to  the  jurisdiction  of  this  Code  and  ac- 
cepting the  benefits  of  the  activities  of  the  Authority  hereunder 
shall  pay  to  the  Authority  his  proportionate  share  of  the  amounts 
necessary  to  pa}^  the  cost  of  assembly,  analysis  and  publication  of 
such  reports  and  data,  and  of  the  maintenance  of  the  said  Authority 
and  its  activities.  Said  proportionate  share  shall  be  based  upon 
value  of  sales  or  footage  of  production,  as  the  Authority  may  pre- 
scribe for  each  Division  or  Subdivision.  The  Authority  may  eon- 
duct  such  investigations  as  are  necessary  to  discharge  its  duties  here- 
under." 

De.^ignate  the  first  paragra]>h  of  Article  IV  as  "  Section  (a)"  and 
add  to  Section  (a)  the  following  sentence: 

"  To  the  extent  permitted  by  the  National  Industrial  Recovery  Act 
and  subject  to  such  rules  and  regulations  as  may  be  jjrescribed  by  the 
Administrator,  the  Authority  may  conduct  such  investigations  as 
ma}'  be  necessary  to  discharge  its  duties  under  the  Code." 

Add  the  following  as  Sections  (b)  and  (c)  : 

(b)  It  being  found  necessary,  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competi- 
tion establislied  by  this  Code  and  to  effectuate  the  policy  of  the  Act, 
the  Crxle  Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary — 

(a)  an  itemized  budget  of  its  estimated  expenses  for  the  fore- 
going purposes,  and 

(b)  an  equitable  basis  upon   which  the   funds  necessary  to 
'support  such  budget  shall  be  contributed  by  members  of  the 

Industry,  said  basis  to  include  the  provision  that  Code  fees  may 
be  assessed  upon  the  value  of  sales,  the  footage  of  shipments, 
the  footage  of  production,  the  footage  of  lumber  and  timber 
products  consumed,  or  upon  any  other  equitable  manner  which 
may  be  submitted  by  the  Code  Authority  and  approved  by  the 
Administrator; 

(3)  After  budget  and  basis  of  contribution  have  been  approved  by 
the  Administrator,  to  determine  and  secure  equitable  contribution 
as  above  set  forth  by  all  such  membei-s  of  the  Industry,  and  to  that 
end,  if  necessar}',  to  institute  legal  proceedings  therefor  in  its  own 
name. 


169 

(c)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  Code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contribution,  shall  be  entitled  to 
participate  in  the  selection  of  members  of  the  Code  Authority  or 
of  any  Division  or  Subdivision  Agency,  or  to  receive  the  benefits  of 
any  of  its  voluntary  activities  or  to  make  use  of  any  emblem  or 
insignia  of  the  National  Recovery  Administration. 

(d)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Adminis- 
trator shall  have  so  approved. 

Approved  Code  No.  9^ — Aineiidineut  No.  16. 
Registry  No.  313—1—06. 


SOS.-HS  ■  ;^4 


Approved  Code  No.  9 — Amendment  No.  17 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the 
Lumber  and  Timber  Products  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provision  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  Amend- 
ment to  a  Code  of  Fair  Competition  for  the  Lumber  and  Timber 
Products  Industries,  and  hearings  having  been  duly  held  thereon 
and  the  annexed  report  on  said  Amendment,  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  Amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  Amendment  be  and 
it  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended  : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

July  27,  1931^. 

(171) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  Under  the  Code  of  Fair  Competition  for  the  Lumber  and 
Timber  Products  Industries,  as  approved  by  you  on  August  19,  1933, 
the  Lumber  Code  Authority  has  submitted  its  Amendment,  which  is 
inchided  and  attached. 

This  is  a  report  of  the  Hearing  on  the  foregoing  Amendment  con- 
ducted January  22.  1934,  in  the  Ball  Room  of  the  Raleigh  Hotel, 
"Washington.  D.C.,  in  accordance  with  the  provisions  of  the  National 
Industrial  Recovery  Act. 

This  Amendment  changes  the  wage  rate  in  tlie  Black  Hills  Forest 
region  of  South  Dakota  and  Wyoming  to  equalize  the  wages  in  this 
region  with  the  wage  rates  which  prevail  in  the  territory  from  which 
the  employees  are  drawn.  The  present  Code  wage  rate  for  this 
region  is  the  same  as  in  the  dense  fir  forests  of  Oregon  and  Washing- 
ton, while  the  timber  operations  are  similar  to  those  in  Northern 
Minnesota  and  Wisconsin  and  the  laborers  are  drawn  from  the  latter 
two  States. 

Unless  the  wage  rates  in  these  two  territories  are  equalized  it  will 
be  impossible  for  the  operators  in  the  Black  Hills  Forest  region  to 
continue  to  give  satisfactory  employnient  to  labor  because  of  the 
excessive  cost  of  the  lumber  operation. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  Amendment  to  said  Code  and  the  Code  as  amended  are 
Avell  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  b}'  promoting  the  organization  of  industry  for  the  purpose  of 
cooi)erative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  re- 
striction of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act.  including  without  limi- 
tation subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(372) 


173 

(c)  The  Code  empowers  the  ('ode  Authorit}^  to  present  the  afore- 
said Amendment  on  behalf  of  the  industry  as  a  whole. 

(d)  The  Amendment  and  the  Code  as  amended  are  not  designed 
to  and  wall  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  Amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendment. 

For  these  reasons,  therefore,  I  have  approved  this  Amendment  to 
the  Code. 

Kespectfully, 

Hugh  S.  Johnson, 

Ad/ministrator. 
July  27.  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR  THE 
LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

Amendment  No.  30:  In  Article  VII  (d)  at  the  end  of  the  paren- 
thetical phrase  following  the  heading  ••  Western  Pine  "  insert,  "  and 
the  Blatk  Hills  Forest  region  of  South  Dakota  and  Wyoming"; 
and  at  the  end  of  the  item: 

Arizi  na.  New  Mexico,  and  Colorado  (South  of  38°  North  Latitude) 24 

add  tlie  following  nev:  item : 

Black  Hills  Forest  region  of  South  Dakota  and  Wyoming: 

Mills  and  factories SSVa 

Logging 281^ 

Approved  Code  No.  9 — Amendment  No.  17. 
Registry  No.  313-1-06. 

(174) 


Approved  Code  No.  9 — Amendment  No.  18 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDEE 


Approving  Amendments  to  the  Code  of  Fair  Competition  for  the 
Lumber  and  Timber  Products  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I,  of  the  National  Industrial 
Recovery  Act.  approved  June  16,  1933,  for  approval  of  amend- 
ments to  a  Code  of  Fair  Competition  for  the  Lumber  and  Timber 
Products  Industries,  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  amendments,  containing  findings  with 
respect  thereto,  having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendments  and  the  Code  as  con- 
stituted after  being  amended  comply  in  all  respects  with  the  pertinent 
provisions  and  will  promote  the  policy  and  purposes  of  said  Title  of 
said  Act,  and  do  hereb^^  order  that  said  amendments  be  and  they  are 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety  as 
amended. 

Hugh  S.  Johnson, 
AdmAnistrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Admdnist7^ator. 

Washington,  D.C, 

July  27,  19S4. 

(175) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  On  August  19,  1933,  you  approved  a  Code  of  Fair  Competi- 
tion for  the  Lumber  and  Timber  Products  Industries. 

This  is  a  report  on  a  Hearing  on  Amendments  Xos.  34  and  37  to 
that  Code  conducted  in  Washington,  D.C..  beginning  on  January  22, 
1934.  in  accordance  with  the  National  Industrial  Recovery  Act. 

The  Amendments  contemjdate  the  establishment  of  a  Wooden  Pail 
and  Tub  Subdivision  to  the  AVooden  Package  Division  of  the  Lumber 
and  Timber  Products  Code  and  were  presented  by  representatives 
of  the  industry  over  which  the  contemplated  Subdivision  will  have 
jurisdiction,  said  to  represent  94.3  per  cent  of  the  value  of  such  prod- 
ucts manufactured  and  distributed  in  the  United  States  and  repre- 
senting with  approval  93  per  cent  of  the  invested  capital. 

In  1928  approximately  one  thousand  and  seven  hundred  (1,700) 
employees  were  engaged  in  the  Wooden  Pail  and  Tub  Industr}^  and 
the  sales  for  that  year  are  estimated  at  $3,427,720.00.  The  estimated 
demand  for  1934  for  the  products  of  the  industry  is  below  the  sales 
for  1933  which  were  estimated  at  $1,634,926.01. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
Amendments  to  said  Code  having  found  as  herein  set  forth  and  on 
tlie  basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  Tlie  Amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  tlie  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  re- 
strictions of  production  (except  as  may  be  temi)orariiy  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  impioving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said Amendments  on  behalf  of  the  industry  as  a  whole. 

(176) 


177 

(d)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendments. 

For  these  reasons,  therefore,  I  have  approved  these  Amendments 
to  the  Code. 

Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
JiHLT  27,  1934. 


AMENDMENT  TO    CODE   OF   FAIR   COMPETITION   FOR 
THE  LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

Amendment  No.  34:  In  Article  VII  (d)  at  the  end  of  the  para- 
graph headed  '*  AVooden  Package  "  insert  the  following : 

H.  Woodeu  Pail  and  Tub  Subdivision: 

Southern  Group:  Maryland,  West  Virginia,  Virginia,  North  Caro- 
lina, South  Carolina,  Georgia,  Florida,  Alabama,  Tennessee.  Ken- 
tucky, Mississippi,  Louisiana,  Arkansas,  Oklahoma,  New  Mexico, 
Arizona,  Texas,  and  Pemiscot,  Dunklin,  and  New  Madrid  Coun- 
ties  in    Missouri 2St 

Western  Group:  Montana,  Idaho,  Washington,  Oregon,  California, 
Nevada,  and  Utah 4fV 

Central  and  Eastern  Group:  All  other  territory '^Ot 

Aniendnient  No.  37:  In  Schedule  "A"',  following  the  section  headed 
"  3()a.  American  Veneer  Package  Subdivision  "'  insert  the  following 
new  section : 

"  80B.    WOODEN  PAIL  AND  TUB  SI  BDI%aSION 

"  Subdivision  (Art.  II  c)  :  The  Wooden  Pail  and  Tub  Subdivision 
shall  consist  of  all  manufacturers  of  the  products  hereinafter 
enumerated. 

"  Products  (Art.  II  a). — Wooden  pails,  tubs,  kits,  buckets,  without 
bilge;  cannikins;  staves,  heading  and/or  hoops  therefor;  excepting, 
however.  l)utter  tubs  and  parts  therefor. 

•"Administrative  agency  (Art.  IJI). —  (a)  The  Wooden  Pail  and 
Tub  Subdivision  Administrative  Agency  is  designated  as  the  agency 
of  the  Authority  and  of  the  Coordinating  Committee  of  the  Wooden 
Package  Division  for  the  administration  of  the  Code  in  this  Sub- 
division. Said  Administrative  Agency  is  authorized  to  make  rules 
and  regulations  necessary  to  administer  the  Code  in  this  Subdivision, 
and  shall  designate  and  authorize  such  agencies  as  may  be  recjuired 
for  this  purpose. 

''(b)  Within  twenty  (20)  days  after  tlie  etfec.ive  date  iiereof,  the 
Wooden  Pail  and  Tub  Association  shall  call  a  meeting  for  the  pur- 
pose of  electing  the  Administi'ative  Agency  of  this  Subdivision.  Due 
notice  of  said  meeting  shall  be  sent  to  every  known  member  of  the 
industry  in  writing  or  by  such  other  methods  as  are  reasonably  cal- 
culated to  notify  all  interested  parties  of  said  election.  The  said 
Administrative  Agency  shall  consist  of  six  (6)  members,  two  of 
whom  shall  be  elected  by  a  majority  vote  of  the  members  of  the  in- 
dustry who  are  not  members  of  the  Association,  if  there  be  any  such, 
each  person  to  have  one  vote  in  pei-son.  by  letter  or  by  proxy.  The 
remaining  members  shall  be  elected  by  a  majority  vote  of  the  mem- 
bers of  the  industry  who  are  members  of  said  Association,  each  per- 
son to  have  one  vote  in  person,  by  letter  or  by  proxy.  The  members 
of  the  Administrative  Agency  shall  serve  for  one  year  or  until  their 
successors  are  elected." 

Approved  Code.  No.  9 — Amendment  No.  18. 
Registry  No.  :il3-l-0(5. 

(178) 


Approved  Code  No.   124 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

MOTION  PICTURE  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the 
MonoN  Picture  Industry 

An  application  having  been  dul}^  made  pursuant  to  and  in  full 
•compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recover^'  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
jnent,  to  a  Code  of  Fair  Competition  for  the  Motion  Picture  Indus- 
try, and  the  annexed  report  on  said  amendment  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Admmistrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  6543-A,  dated  December  30,  1933, 
and  otherwise,  do  hereby  incorporate  by  reference,  said  annexed 
report  and  do  find  that  said  amendment  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of 
Said  Act.  and  do  hereby  order  that  said  amendment  be  and  it  is 
hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  en- 
tirety as  amended,  such  approval  and  such  amendment  to  take  effect 
ten  days  from  the  date  hereof,  unless  good  cause  to  the  contrary 
is  shown  to  the  Administrator  before  that  time  and  the  Adminis- 
trator issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Adnninistrator  for  Industrial  Recovery. 

Approval  recommended : 
Sol  a.  Rosenblatt, 

Division  Administrator. 

Washington,  D.C. 

July  27,  193^. 

(179) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  The  Code  Authority  of  the  Motion  Picture  Industry  sub- 
mitted on  July  3,  1934,  proposed  amendments  for  the  Code  of  Fair 
Competition  for  the  Motion  Picture  Industry.  Those  amendments 
as  submitted  were  presented  to  the  Legal  Division  of  the  National 
Recovery  Administration  and  received  its  approval. 

The  main  body  of  these  amendments  being  in  accord  with  an 
Executive  Order  signed  Iw  you  and  dated  April  14.  1934,  a  public 
hearing  was  not  deemed  necessary,  and  in  lieu  of  the  public  hearing 
a  notice  of  opportunity  to  file  objections  (Administrative  Order  No. 
124-24)  was  printed  and  distributed  in  the  same  manner  as  a  notice 
of  hearing.  Ten  days  were  given  in  this  notice  of  opportunity  to 
file  objecti(ms  as  a  time  within  which  objections  to  these  amendments 
were  to  be  received. 

In  their  final  form,  these  amendments  were  approved  by  the  Legal 
Division  and  the  Research  and  Planning  Divisio7i  of  the  National 
Recovery  Administration.  The  reports  of  the  remaining  Boards  are 
not  necessary  since  these  amendments  are  confined  to  the  collection 
of  expenses  of  Code  Administration  and  a  model  clause  regarding 
the  liability  of  members  of  the  Code  Authority. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ments to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of 
the  present  productive  capacity  of  industries,  by  avoiding  undue  re- 
striction of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving^ 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(180) 


181 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendments  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendments. 

For  these  reasons,  these  amendments  have  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
July  27,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR  THE 
MOTION  PICTURE  INDUSTRY 

Amend  Article  II  as  follows:  Add  to  Section  10,  sub-section  (b) 
the  following : 

Upon  approval  by  the  Administrator  of  an  itemized  budget  of 
such  expenses  and  an  equitable  basis  of  contribution  thereto,  each 
such  member  shall  be  legally  obligated  foi-.  and  shall  pay  to  the 
Code  Authority,  his  or  its  respective  equitable  contribution,  subject 
to  rules  and  regulation  pertaining  thereto  issued  by  the  Adminis- 
trator. Failure  to  pay  such  equitable  contribution  shall  constitute 
a  violation  of  this  Code.  In  addition  to  all  other  rights  and  remedies 
with  respect  thereto,  the  Code  Authority  shall  have  the  right  to  in- 
stitute legal  proceedings  for  the  collection  of  any  such  equitable 
contribution. 

Add  as  Section  II  the  following  new  paragraph : 

11.  Nothing  contained  in  this  Code  shall  constitute  the  members 
of  the  Code  Authority  partners  for  any  purpose.  Nor  shall  anv 
member  of  the  Code  Authority  be  liable  in  any  manner  to  anyone 
for  an}'  act  of  any  other  member,  officer,  agent  or  employee  of  the 
Code  Authority.  Nor  shall  any  member  of  the  Code  Authority, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties  hereunder, 
be  liable  to  anyone  for  any  action  or  omission  to  act  under  this  Code, 
except  for  his  own  willful  malfeasance  or  non-feasance. 

Approved  Code  No.  124 — Ameudment  No.  2. 
Registry  No.  1639-03. 

(182) 


Approved  Code  No.  239 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

PORCELAIN  BREAKFAST  FURNITURE 
ASSEMBLING  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  or  Code  of  Fair  Competition  for  the  Por- 
celain Breakfast  Furniture  Assembling  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Porcelain  Breakfast 
Furniture  Assembling  Industry,  and  notice  of  opportunity  to  file 
objections  thereto  having  been  issued,  and  the  annexed  report  on  said 
amendment,  containing  findings  with  respect  thereto,  having  been 
made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  belialf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
JPresident.  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933.  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the  per- 
tinent provisions  and  vrill  promote  the  policy  and  purposes  of  said 
Title  of  said  Act.  and  do  hereby  order  that  said  amendment  be  and 
it  is  liereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

Hugh  S.  Johnson, 
Admimstrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Admmistrator. 

AVashington,  D.C. 

July  27.  193Jf. 

(183) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  amendment  of  the  Code  of  Fair  Com- 
petition for  the  Porcelain  Breakfast  Furniture  Assembling  Industry 
as  approved  by  me  on  January  30,  1934.  Application  was  made 
under  date  of  June  20,  1934,  by  the  Code  Authority  for  the  Porce- 
lain Breakfast  Furniture  Assembling  Industry,  for  amendment  of 
the  provisions  of  Article  VII,  Part  A,  Section  5,  of  the  Code.  Fair 
notice  of  opportunity  to  file  objections  to  this  amendment  was 
given  to  all  interested  parties. 

This  amendment  was  drawn  up  and  proposed  in  accordance  with 
Executive  Order  No.  6678.  dated  April  14,  1934,  and  with  the  Legal 
Division's  May  22  suggested  Avording  for  such  amendments.  It  is 
intended  to  govern  the  collection  of  assessments  for  code  adminis- 
tration by  the  Porcelain  Breakfast  Furniture  Code  Authority. 

This  amendment  does  not  in  any  way  affect  the  labor  provisions 
of  the  Code  or  anything  other  than  assessment  for  expenses  of  code 
administration. 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  amendment  to  said  Code  having  found  as  herein  set  forth,  and 
on  the  basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  bv  promoting  the  fullest  ])ossible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  re- 
striction of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  reliev- 
ing unemployment,  by  improving  standards  of  labor,  and  bv  other- 
wise rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  ])erti- 
nent  ])rovisions  of  said  Title  of  s^iid  Act,  inchiding  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Autliority  to  present  the  afore- 
said amendment  on  behalf  of  the  Industry  as  a  whole. 

(184) 


185 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  riglit  to  be  heard  prior  to  approval  of 
said  amendment. 

I  believe  the  amendment  to  be  fair  to  labor,  to  the  consumer  and 
to  the  industry,  and  for  these  reasons,  therefore,  I  approve  this 
amendment. 

Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  27,  1934. 


S0835— 34- 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  PORCELAIN  BREAKFAST  FURNITURE  ASSEM- 
BLING INDUSTRY 

Article  VII,  Part  A,  Section  5,  of  the  Code  of  Fair  Competition 
for  the  Porcelain  Breakfast  Furniture  Assembling  Industry  shall 
be  and  hereby  is  amended  to  read  as  follows : 

''  Section  5.  (1)  It  being  found  necessary  in  order  to  support  the 
Administration  of  this  code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act,  the  Code  Authority  is  authorized : 

"(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  he  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

"(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry ; 

"(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
j^roved  by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  industry,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

"(2)  Each  member  of  the  industry  shall  pa}^  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contributions,  shall  be  entitled  to 
l)articipate  in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration. 

"(3)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved." 

Approved  Code  No.  239 — Amendnicnt  No.  1. 
Registry  No.  312-04. 

(180) 


Approved  Code  No.  235 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

TEXTILE  PROCESSING  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Approving  Amendment  to  Code  of  Fair  Competition  for  the 
Textile  Processing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Textile  Processing 
Industry,  and  an  opportunity  to  file  objections  thereon  having  been 
given  and  the  annexed  report  on  said  amendment,  containing  find- 
ings with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

^  NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as  con- 
stituted after  being  amended  comply  in  all  respects  with  the  perti- 
nent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be  and 
it  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended,  such  approval  and  such  amendment  to  take  effect  10 
days  from  the  date  hereof,  unless  good  cause  to  the  contrary  is 
shown  to  the  Administrator  before  that  time  and  the  Administrator 
issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 

R.  L.  Houston, 

Division  Admin istrator. 

Washington.  D.C, 

July  27,  193^. 

(1S7) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Bouse. 

Sir  :  This  is  a  report  on  the  results  of  the  Xotice  of  an  Opportu- 
nity to  File  Objections  to  the  amendment  to  the  Code  of  Fair  Compe- 
tition for  the  Textile  Processing  Industry,  which  was  issued  June 
18,  1934,  with  the  provision  that  objections  against  the  Proposed 
Amendment  could  be  filed  any  time  prior  to  July  2,  1934.  The 
amendment,  which  is  attached,  was  presented  by  the  duly  qualified 
and  authorized  representatives  of  the  Industry  complying  with 
statutory  requirements. 

In  accordance  with  customary  procedure,  all  complaints  received 
were  given  careful  consideration  and  all  statutory  and  regulatory 
requirements  were  complied  with. 

PROVISIONS  OF  THE  AMENDMENT 

This  amendment  authorizes  the  Code  Authority  to  incur  such  rea- 
sonable obligations  as  are  necessary  and  proper  for  the  administra- 
tion of  the  Code  and  to  submit  an  itemized  budget  and  an  equi- 
table basis  upon  which  the  funds  necessary  to  support  such  budget 
shall  be  contributed  by  members  of  the  Industry.  It  is  also  pro- 
vided that  only  members  of  the  Industry  complying  with  the  Code 
and  contributing  to  the  expenses  of  its  administration,  unless  duly 
exempted,  shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Code  Authority  or  to  make  use  of  anj^  emblem  or  insignia 
of  the  National  Recovery  Administration. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendment  to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  })olicies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foi'eign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  coo]ierative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive ])ractices.  by  promoting  the  fullest  ])ossible  utilization  of  the 
present  ])roductive  capacity  of  industries,  by  avoiding  undue  restric- 
tion  of  production    (except  as  may  be  tenqjorarily  required),  by 

(1S8) 


189 

increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  the  standards  of  labor,  and  by  other- 
wise rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  Tlie  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons  this  amendment  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dniin  istrator. 
JUI.Y  27,  1934. 


MODIFICATIOX  OF  CODE  OF  FAIR  COMPETITION  FOR 
THE  TEXTILE  PROCESSING  INDUSTRY 

Article  III,  Section  2  is  hereby  amended  to  read  as  follows: 
2.   (a)   It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competi- 
tion established  liereiinder  and  to  eifectuate  the  policy  of  the  Act, 
the  Code  Authorit}^  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  Code : 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  nuiy  deem 
necessary  (1)  an  itemized  budget  of  its  estimated  expenses  for 
the  foregoing  purposes,  and  (2)  an  equitable  basis  upon  Avhich 
the  funds  necessary  to  support  such  budget  shall  be  contributed 
by  members  of  the  Industr3\ 

(3)  After  such  budget  and  basis  of  contribution  have  been 
ap])roved  by  the  Adininistrator,  to  determine  and  obtain  ecjui- 
table  contribution  as  above  set  forth  by  all  members  of  the 
Industr}',  and  to  that  end,  if  necessary,  to  institute  legal  pro- 
ceedings therefor  in  its  own  name. 

(b)  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  Code  and  contrib- 
uting to  the  expenses  of  the  administration  as  hereinabove  provided, 
unless  duly  exempted  from  making  such  contributions,  shall  be  en- 
titled to  paiticipate  in  the  selection  of  members  of  the  Code  Author- 
ity or  to  receive  tlie  benefits  of  any  of  its  voluntary  activities  or  to 
make  use  of  any  emblem  or  insignia  of  the  National  Recovery  Ad- 
ministration. Failure  to  contribute  to  the  expenses  of  the  admin- 
istration of  this  Code,  as  provided  herein,  shall  constitute  a  violation 
of  the  Code. 

(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
excej)t  upon  approval  of  the  Administrator:  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess  of 
prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

Appi-oved  Code  No.  2.3.5 — Aniendnient  No.  2. 
Keyistry  No.  299-1-13. 

(190) 


Approved  Code  No.  51 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

UMBRELLA  MANUFACTURING  INDUSTRY 

As  Approved  on  July  27,  1934 


ORDER 


Appro\t:ng  Ame>'dments  to   Code  of   Fair   Competitiox   for  the 
Umbrella  ]\Iaxufacturixg  Industry 

An  application  having  been  dul}^  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
■Recovery  Act,  approved  June  16,  1933,  for  approval  of  Amendments 
to  the  Code  of  Fair  Competition  for  the  Umbrella  Manufacturing 
Industry,  and  hearings  having  been  duly  held  thereon  and  the  an- 
nexed report  on  said  Amendments,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursiumt  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6o43-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said  annexed 
report  and  do  find  that  said  Amendments  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  2:)romote  the  policy  and  purposes  of  said  Title  of 
said  Act,  and  do  hereby  order  that  said  Amendments  be  and  they 
are  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

It  is  further  ordered  that  wherever  in  said  Code  or  Amendments 
to  said  Code  the  words  "  Planning  and  Fair  Practice  Agency  "  are 
used,  the  words  "  Code  Authority  "  shall  be  substituted  therefor. 

Hugh  S.  Johxsox^. 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berrt, 

Division  Administrafor. 

Washington,  D.C, 

Juhj  27,  1934, 

(191) 


EEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  The  public  hearing  on  the  Amendments  to  the  Code  of  Fair 
Competition  for  the  UmbreUa  Manufacturing  Industry  of  the  United 
States,  submitted  by  the  Planning  and  Fair  Practice  Agency  for 
said  Industry,  located  at  347  Fifth  Avenue,  New  York,  was  con- 
ducted in  Washington  on  June  14,  1934,  in  accordance  with  the 
provisions  of  the  National  Industrial  Recoveiy  Act. 

Provisions  are  incorporated  in  these  Amendments  which  will  tend 
to  improve  the  working  conditions  of  the  employees  within  this 
Industry.  There  are  also  submitted  herewith  Amendments  which 
will  allow  the  Administrator  additional  control  over  the  actions  of 
the  Code  Authority  for  this  Industry.  Other  Amendments  deal 
with  fair  trade  practices,  some  of  Avhich  are  a  re-statement  of  those 
already  in  the  Code  Avhile  others  are  new  to  the  Industry.  It  is 
felt  that  the  adoption  of  these  additional  fair  trade  practices  by 
the  Industry  will  encourage  fair  competition  within  that  Industry. 

The  Amendment  submitted  by  the  Industry,  which  has  to  do  with 
the  authority  of  the  Administrator  to  determine  an  emergency,  is 
of  utmost  importance  and  necessity  to  this  Industr}^  It  was  clearly 
shown  at  the  public  hearing  on  the  proposed  Amendments  that  one 
unit  in  the  Industry  could  meet  the  entire  consumer  demand  for 
the  products  of  this  Industry  whereas  there  are  seventy-seven  (77) 
members  of  the  Industry  engaged  in  the  manufacture  of  umbrellas. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
Amendments  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  Amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
%velfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  Imiitation 

(192) 


193 

sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said Amendments  on  behalf  of  the  industry  as  a  whole. 

(d)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendments. 

This  Industry  has  cooperated  in  a  most  satisfactory  manner  with 
the  Administration  in  the  preparation  of  these  Amendments  to  this 
Code.  From  the  evidence  adduced  during  this  hearing  and  from 
recommendations  and  reports  from  the  various  Advisory  Boards,  it 
is  believed  that  these  Amendments  as  now  proposed  and  revised 
represent  an  effective,  practical,  equitable  solution  for  this  Industry 
and  for  these  reasons  have  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dminis  t  rat  or. 
July  27,  1934. 


AMENDMENT  TO   CODE   OF  FAIR   COMPETITION  FOR 
THE  UMBRELLA  MANUFACTURING  INDUSTRY 

Article  III — Hours 

Add  as  additional  Section : 

3.  No  employer  shall  knowingly  permit  anj'  employee  to  work 
for  any  time  which,  when  added  to  the  time  spent  at  work  for  an- 
other employer  or  employers  in  this  industry,  exceeds  the  maximum 
permitted  herein. 

AimcLE  IV — Wages 

Delete  present  Section  3  and  insert  in  lieu  thereof : 
3.  A  person  whose  earning  capacity  is  limited  because  of  age  or 
physical  or  mental  handicap  may  be  employed  on  light  work  at  a 
wage  below  the  minimum  established  by  this  Code  if  the  employer 
obtains  from  the  State  authority  designated  by  the  United  States 
Department  of  Labor  a  certificate  authorizing  his  empIo3aiient  at 
such  wages  for  such  hours  as  shall  be  stated  in  the  certihcate.  Each 
employer  shall  file  monthly  with  the  Planning  and  Fair  Practice 
Agency  a  list  of  all  such  persons  employed  by  him,  showing  the 
wages  paid  to,  and  the  maximum  hours  of  work  for  yuch  employeeSc 
Add  as  additional  Sections: 

6.  Female  employees  performing  substantially  the  same  work  as 
male  employees  shall  receive  the  same  rate  of  pay  as  male  employees. 

7.  No  employer  shall  reclassify  employees  or  duties  of  occupations 
performed  or  engage  in  any  other  subterfuge  so  as  to  defeat  the 
purposes  or  provisions  of  the  Act  or  of  this  Code. 

8.  Ever}'  employer  shall  provide  for  the  safety  and  health  of  em- 
ployees during  the  hours  and  at  the  places  of  their  employment. 
Standards  for  safety  and  health  shall  be  submitted  to  the  Adminis- 
trator Avithin  three  months  after  the  effective  date  of  this  Amend- 
ment. 

Article  V — Child  Labor 

Delete  present  article  and  insert  in  lieu  thereof: 

No  person  under  sixteen  (10)  years  of  age  shall  be  employed  in 
the  Industry.  No  person  under  eighteen  (18)  years  of  age  shall  be 
emplo3^ed  in  the  industry  at  operations  or  occupations  hazardous  in 
nature  or  detrimental  to  health.  The  Planning  and  Fair  Practice 
Agency  shall  submit  to  the  Administrator  for  his  approval  within 
sixty  (60)  days  after  the  effective  date  of  this  Amendment  a  list  of 
such  occupations.  In  any  State  any  employer  shall  be  deemed  to 
have  complied  with  this  provit^ion  as  to  age  if  he  shall  have  on  file  a 
certificate  or  permit,  duly  signed  by  the  Authority  in  such  State 
empowered  to  issue  employment  or  age  certificates  or  permits  show- 
ing that  the  employee  is  of  the  required  age. 

(r.)4) 


195 
Article  VII — Administration 

Add  as  additional  Sections : 

6.  If  the  Administrator  shall  at  any  time  determine  that  any 
action  of  the  Planning  and  Fair  Practice  Agency  or  any  agency 
thereof  may  be  unfair  or  iinjust  or  contrary  to  the  public  interest, 
the  Administrator  may  require  that  such  action  be  suspended  to 
afford  an  opportunity  for  investigation  of  the  merits  of  such  action 
and  further  consideration  by  such  Planning  and  Fair  Practice 
Agency  or  agency  pending  final  action  which  shall  not  be  effective 
unless  the  Administrator  approves  or  unless  he  shall  fail  to  disap- 
prove after  thirty  (30)  days'  notice  to  him  of  intention  to  proceed 
with  such  action  in  its  original  or  modified  form. 

7.  Each  trade  or  industrial  association  directly  or  indirectly  par- 
ticipating in  the  selection  or  activities  of  the  Planning  and  Fair 
Practice  Agency  shall  (1)  impose  no  inequitable  restrictions  on 
membership,  and  ('2)  submit  to  the  Administrator  true  copies  of  its 
articles  of  association,  by-laws,  regulations,  and  any  amendments 
when  made  thereto,  together  with  such  other  information  as  to  mem- 
bership, organization,  and  activities  as  the  Administrator  may  deem 
necessary  to  effectuate  the  purpose  of  the  Act. 

8.  In  order  that  the  Planning  and  Fair  Practice  Agenc}^  shall  at 
all  times  be  truly  representative  of  the  Industry  and  in  other  re- 
spects comply  with  the  provisions  of  the  Act,  the  Administrator  may 
prescribe  such  hearings  as  he  may  deem  proper  and  tliereafter  if  he 
shall  find  that  the  Planning  and  Fair  Practice  Agency  is  not  truly 
representative  or  does  not  in  other  respects  comply  with  the  provi- 
sions of  the  Act,  maA^  require  an  appropriate  modification  of  the 
Planning  and  Fair  Practice  Agency. 

9.  Nothing  contained  in  this  Code  shall  constitute  the  members  of 
the  Planning  and  Fair  Practice  Agency  partners  for  any  purpose. 
Nor  shall  any  member  of  the  Planning  and  Fair  Practice  Agency  be 
liable  in  any  manner  to  anyone  for  any  act  of  any  other  member, 
officer,  agent  or  employee  of  the  Planning  and  Fair  Practice  Agency. 
Nor  shall  any  member  of  the  Planning  and  Fair  Practice  Agency, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties  here- 
under, be  liable  to  anyone  for  any  action  or  omission  to  act  under 
this  Code,  except  for  his  own  wilful  malfeasance  or  non-feasance. 

10.  (a)  If  the  Administrator,  after  investigation  shall  at  any  time 
find  both  (1)  that  an  emergency  has  arisen  within  the  industry  ad- 
versely affecting  small  enterprises  or  wages  or  labor  conditions,  or 
tending  toward  monopoly  or  otlier  acute  conditions  which  tend  to 
defeat  the  purposes  of  the  Act;  and  (2)  that  the  determination  of 
the  stated  minimum  price  for  a  specified  product  within  the  industry 
for  a  limited  period  is  necessary  to  mitigate  the  conditions  consti- 
tuting such  emergency  and  to  effectuate  the  purposes  of  the  Act,  the 
Planning:  and  Fair  Practice  Agency  may  cause  an  impartial  agency 
to  investigate  costs  and  to  reconnnend  to  the  Administrator  a  deter- 
mination of  tlie  stated  minimum  price  of  the  product  affected  by  the 
emergency  and  thereu.pon  the  Administrator  may  proceed  to  deter- 
mine such  stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 


196 

price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  National  In- 
dustrial Recovery  Act,  he  shall  publish  such  price.  Thereafter,  dur- 
ing such  stated  period,  no  member  of  the  industry  shall  sell  such 
specified  i^roducts  at  a  net  realized  price  below  said  stated  mininium 
jjrice  and  any  such  sale  shall  be  deemed  destructive  price  cutting. 
From  time  to  time,  the  Planning  and  Fair  Practice  Agency  may 
recommend  review  or  reconsideration  or  the  Administrator  may 
cause  any  determinations  hereunder  to  be  reviewed  or  reconsidered 
and  appropriate  action  taken. 

Article  VIII — Prices  and  Terms  of  Payment 

Section  1.  Delete  period  at  end  of  first  sentence  and  add : 
provided,  however,  that  any  member  of  this  industry  may  sell  his 
products  below  his  cost  in  order  to  meet  bona  fide  competition  of  com- 
parable products  in  any  specific  instance,  provided  the  competitive 
price  does  not  violate  provisions  of  the  Code. 

Section  2.  Delete  period  at  end  of  Section  and  add : 
provided,  however,  that  any  member  of  this  Industry  may  sell  his 
products  below  his  cost  in  order  to  meet  bona  fide  competition  of 
comparable  products  in  au}'^  specific  instance. 

Article  IX — Unfair  Methods  of  Competition 

Delete  present  1  (a)  and  insert  in  lieu  thereof: 

1.  (a)  Xo  member  of  the  industrj^  shall  secretly  offer  or  make  any 
payment  of  allowance  or  a  rebate,  refund,  commission,  credit,  un- 
earned discount  or  excess  allowance,  whether  in  the  form  of  money 
or  otherwise,  nor  shall  a  member  of  the  industry  secretly  offer  or 
extend  to  any  customer  any  special  service  or  privilege  not  extended 
to  all  customers  of  the  same  class,  for  the  purpose  of  influencing  a 
sale. 

Add  as  additional  sub-sections : — 

(p)  No  member  of  the  Industry  shall  publish  advertising  (whether 
printed,  radio,  display,  or  of  any  other  nature),  which  is  mislead- 
ing or  inaccurate  in  any  material  particular,  nor  shall  any  member 
in  any  way  misrepresent  any  goods  (including  but  wdthout  limita- 
tion its  use,  trade-mark,  grade,  quality,  quantity,  origin,  size,  sub- 
stance, character,  nature,  finish,  material  content  or  preparation)  or 
credit  terms,  values,  policies,  services,  or  the  nature  or  form  of  the 
business  conducted. 

((})  No  member  of  the  Industry  shall  knowingly  withhold  from 
or  insert  in  any  quotation  or  invoice  any  statement  that  makes  it 
inaccurate  in  any  material  particular. 

(r)  No  member  of  the  Industry  shall  publish  or  circulate  un- 
justified or  unwarranted  threats  of  legal  proceedings  which  tend  to 
or  have  the  effect  of  harassing  competitors  or  intimidating  their 
ciLstomers. 

(s)  No  member  of  the  Industry;  shall  require  that  the  purchase  or 
lease  of  any  goods  be  a  prerequisite  to  the  purchase  or  lease  of  any 
other  jjoods. 


197 
Article  X — General 

Delete  present  8  and  insert  in  lieu  thereof: 

8.  The  Planning  and  Fair  Practice  Agency  shall  have  the  poAver 
to  obtain  from  members  of  the  Industry  such  information  and  re- 
ports as  are  required  for  the  administration  of  the  Code.  In  addi- 
tion to  information  required  to  be  submitted  to  the  Planning  and 
Fair  Practice  Agency  members  of  the  Industry  subject  to  this  Code 
shall  furnish  such  statistical  information  as  the  Administrator  may 
deem  necessary  for  the  purposes  recited  in  Section  3  (a)  of  the  Act 
to  such  Federal  and  State  agencies  as  he  may  designate;  provided 
that  nothing  in  this  Code  shall  relieve  any  member  of  the  Industry 
of  any  existing  obligations  to  furnish  reports  to  any  Government 
agency.  No  individual  report  shall  be  disclosed  to  any  other  mem- 
ber of  the  Industry  or  any  other  party  except  to  such  other  Govern- 
mental agencies  as  may  be  directed  by  the  Administrator. 

Add  as  additional  Section : 

10,  All  employers  shall  post  and  keep  posted  copies  of  this  Code 
and  all  amendments  thereto  in  conspicuous  places  accessible  to  all 
employees.  Every  member  of  the  Industry  shall  comply  with  all 
rules  and  regulations  relative  to  the  posting  of  provisions  of  Codes 
of  Fair  Competition  which  may  from  time  to  time  be  prescribed  by 
the  Administrator. 

Approved  Code  No.  51 — Amendment  No.  2. 
Registry  No.  1661-1-01. 


Approved  Code  No.  436 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

FUR  MANUFACTURING  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Appro\t:xg  Amendment  to  Code  of  Fair  Competition  for  the  Fur 
Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  Xational  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  Amend- 
ment to  the  Code  of  Fair  Competition  for  the  Fur  Manufacturing 
Industry,  and  hearings  having  been  held  thereon  and  the  annexed 
report  on  said  Amendment,  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  Amendment  and  the  Code  as  con- 
stituted after  being  amended  comply  in  all  respects  with  the  per- 
tinent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  Amendment  be  and 
it  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

Hugh  S.  Johnson, 
Adnihiistrator  for  Industrial  Recovery. 

Approval  recommended. 
Sol,  a.  Rosenblatt, 

Division  A dministrator. 

Washington,  D.C, 

July  30, 193^. 

(199) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  The  Executive  Order  approviiifr  the  Code  of  Fair  Compe- 
tition for  the  Fur  Manufacturiufr  Industry  stayed  the  application 
of  the  provisions  of  Section  13  of  Article  VIII  of  the  said  Code 
pendin<r  further  study  of  the  issues  involved  and  recommendations 
of  the  Code  Authority.  Subsequent  to  the  approval  of  said  Code, 
the  Code  Authority  has  conducted  investi<iations  on  the  subject  and 
has  submitted  to  me  for  approval  a  proposed  amendment  of  said 
Section  13  of  Article  VIII.  Notice  of  Opportunity^  to  be  Heard 
was  duly  issued  and  all  objections  filed  were  given  due  consideration. 
The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  havino;  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter. 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  maintain- 
ing united  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  the  industries,  by  avoiding  undue  restriction 
of  production,  (except  as  may  be  temporarily  required),  by  increas- 
ing the  consumption  of  industrial  and  agricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemplo}^- 
ment.  by  improving  standards  of  labor,  and  b}''  otherwise  rehabili- 
tating industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act.  including  without  limitation 
subsection  (a)  of  Section  3.  subsection  (a)  of  Section  7,  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  j^ermit  m()no])olies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  otlier  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  the  amendments. 
Respectfully, 

Hugh  S.  Johnson, 

Achninistrator. 
July  30,  1934. 


AMENDMENT   TO   CODE   OF   FAIR   COMPETITION   FOR 
THE  FUR  MANUFACTURING  INDUSTRY 

The  Code  of  Fair  Competition  for  the  Fur  Manufacturing  Indus- 
try shall  be  amended  by  omittin<r  Section  13  of  Article  VIII  and 
substituting  therefor  the  following: 

"'  The  maximum  terms  of  sale  for  fur  coats  and  fur  scarfs  at  whole- 
sale shall  be  as  follows:  Eight  (8)  per  cent  ten  (10)  days,  sixty  (60) 
days  extra;  or  net  four  (4)  months  from  date  of  shipment.  No 
credit  terms  shall  be  granted  for  a  period  of  longer  than  four  (4) 
months  from  the  date  of  shipment.  All  sales  made  shall  be  plus 
the  manufacturer's  Federal  Excise  Tax  on  the  sale  price  of  each 
article  sold.  The  manufacturer's  Federal  Excise  Tax  on  the  sale 
price  of  each  article  sold  may  be  billed  separately  and  shall  be 
payable  not  later  than  the  twenty-fifth  day  following  the  date  of 
shipment.  All  credit  for  a  period  in  excess  of  ten  (10)  days  E.O.M. 
(end  of  month)  or  ten  (10)  days,  sixty  (60)  extra,  as  earlier  pro- 
vided, shall  be  covered  by  the  purchaser  giving  his  trade  acceptance 
for  the  purchase  price  thereof .  Merchandise  shipped  after  the 
twenty-ninth  day  of  any  month  may  be  dated  as  of  the  first  day  of 
the  following  month.  Anticipation  shall  not  be  allowed  at  a  rate 
in  excess  of  six  per  cent  per  annum. 

Approved  Code  No.  436 — Amendment  No.  1. 
Registry  No.  912-03. 

(201) 


80835—34- 


Approved  Code  No.  108 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

MOTOR  FIRE  APPARATUS  MANUFACTURING 

INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Approvixg  Amendment  to  Code  of  Fair  Competition  for  the 
Motor  Fire  xA.pparatus  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Slotor  Fire  Apparatus 
Manufacturing  Industry,  and  hearings  having  been  duly  held 
thereon  and  the  annexed  report  on  said  amendment,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorj^orate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be, 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  such  approval  and  such  amendment  to  take 
effect  10  days  from  the  date  hereof,  unless  good  cause  to  the  contrary 
is  shown  to  the  Administrator  before  that  time  and  the  Adminis- 
trator issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

July  30,  19S4. 

(203) 


REPORT  TO  THE  PRESIDENT  : 

The  President, 

The  White  House. 

Sir:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act  for  an  amendment  to  the  Code  of  Fair  Competition  for  the 
Motor  Fire  Apjoaratus  Manufacturing  Industry,  submitted  by  the 
Code  Authority  for  the  said  Industry. 

The  existing  provision  of  Article  VI,  Section  4,  of  the  Code  for 
said  Industry  is  entirely  inadequate  in  view  of  Executive  Order 
6678,  dated  April  14,  1934,  and  Administrative  Order  X-36,  dated 
May  26,  1934,  and  it  is  therefore  evident  that  the  proposed  amend- 
ment to  Article  VI  of  said  Code,  the  provisions  of  which  follow 
closely  the  text  of  the  above-mentioned  Orders,  wdll  overcome  the 
existing  inadequate  provisions. 

FINDINGS 

The  Deputy  Administrator,  in  his  final  report  to  me  on  said 
amendment  to  said  Code,  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are  i 
well  designated  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act,  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  among  trade  groups,  b}^  inducing  and  maintaining 
united  action  of  labor  and  management  under  adequate  governmen- 
tal sanction  and  supervision,  by  eliminating  unfair  competitive  prac- 
tices, by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  the  industries,  by  avoiding  undue  restiictions 
of  production  (except  as  may  be  temporarily  required),  by  increas- 
ing the  consumption  of  industrial  and  agricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabili- 
tating industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  "perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  r">t  permit  monopolies  or  monopolistic  practices. 

(204) 


205 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment. 

Hugh  S.  Johnson, 

Administrator. 
July  30,  1934. 


a:\ii:xdmext  to  code  of  fair  competition  for 
the  ^lotor  fire  apparatus  manufacturing 
industry 

Amend  Article  VI  by  deleting  Section  4  and  snbstituting  in  lieu 
thereof  the  following : 

4.  (a)  It  being  found  necessar}^  in  order  to  support  the  admin- 
istration of  this  Code  and  to  maintain  the  standards  of  fair  compe- 
tition established  hereunder  and  to  eiFectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code. 

('2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunitv  to  be  heard  as  he  may  deem  necessary, 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry ; 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

(b)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  tlie  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  Code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary' activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Administrator 
shall  have  so  approved. 

Approved  Code  No.  108 — Amendiiient  Xo.  ] 
Registry  1421-02. 

(20(5) 


Approved  Code  No.  79 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 


FOR  THE 


NOVELTY  CURTAINS,  DRAPERIES,  BEDSPREADS 
AND  NOVELTY  PILLOWS  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Apfrovixg  ^Modification  of  Code  of  Fair  Competition  for  the 
Xo^•ELTT  Curtains,  Draperies,  Bedspreads  and  Xovelty  Pillows 
Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act.  approved  June  16.  1933,  for  approval  of  a  modifica- 
tion of  a  Code  of  Fair  Competition  for  the  Novelty  Curtains,  Dra- 
peries, Bedspreads  and  Novelty  Pillows  Industry,  and  an  opportunity 
to  file  objections  thereon  having  been  given  and  the  annexed  report 
on  said  modification,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States.  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Pres- 
ident, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  jDrovisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modification 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  modified. 

Hugh  S.  Johnson, 
Achnhi'istrator  for  Industrial  Recovery. 

Approval  recommended : 
RoRERT  L.  Houston. 

Dlvis ion  A  dwAnistrator. 

Washington,  D.C. 

July  30,  lOSIf. 

(207) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Hearing  on  the  Amendments  to  the 
Code  of  Fair  Competition  for  the  Novelty  Curtains,  Draperies,  Bed- 
spreads and  Novelty  Pillows  Industry,  held  in  Room  2062,  Depart- 
ment of  Commerce  Building,  on  April  13,  1934.  The  Amendments 
which  are  attached  were  presented  by  the  Code  Authority. 

In  accordance  with  the  customary  procedure,  every  person  who 
had  filed  a  request  for  an  appearance  was  freely  heard  in  public, 
and  all  statutory  and  regulatory  requirements  were  complied  with. 

The  Amendments  include  an  addition  to  the  definition  of  the 
Industry  which  brings  under  the  provisions  of  the  Code,  manufac- 
turers of  kapok  pillow  fills,  chair  cushions,  and  bar  harbors,  the 
clauses  contained  in  the  Executive  Order  of  April  14  making  the 
payment  of  costs  of  Code  Administration  mandatory  upon  all  mem- 
bers of  the  Industry,  a  new  clause  prohibiting  rebates  to  take  the 
place  of  the  one  in  the  Code  at  the  present  time,  and  an  amend- 
ment to  the  clause  in  the  Code  prohibiting  the  selling  below  cost 
when  a  standard  system  of  cost  accounting  is  approved  by  the 
Administrator. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendment  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  proceedings  in  the  matter : 

I  find  that : 

(a)  The  amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  coojierative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  re- 
striction of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 

(208) 


209 

tion  Subsection  (a)  of  Section  3.  Subsection  (a)  of  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendments  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendments. 

For  the  above  reasons  these  amendments  have  been  approved 
by  me. 

Hugh  S.  Johnson, 

AdministratoT. 
July  30,  1934. 


AMEXDMEXT  TO  CODE  OF  FAIR  COMPETITIOX  FOR  THE 
NOVELTY  CI'RTAIXS.  DRAPERIES,  BEDSPREADS  AND 
NOVELTY  PILLOWS  IXDUSTRY 

Article  II,  Section  1  shall  be  amended  to  read  as  follows :  "  The 
term  "  Industry  "  as  used  herein  means  and  includes  the  using  or 
hiring  of  equipment,  or  the  engaging  or  hiring  of  anyone  owning 
or  hiring  equipment,  to  perform  the  operation  of  making  piece  goods 
into  novelty  curtains,  draperies,  bedspreads  (made  by  cutting  apart 
and/or  sewing  together  out  of  the  same  materials,  or  out  of  the 
same  materials  in  combination  with  other  materials  employing  plain 
or  fancy  stitching,  embroideries,  laces,  or  appliques  in  conjunction 
therewith,  but  excluding  bedspreads  made  out  of  one  piece  of  ma- 
terial cut  apart  for  size  only),  novelty  pillows,  chair  cushions  and 
bar  harbor  cushions,  together  with  kapok  fills  used  therein,  not  sold 
as  part  of  a  furniture  unit  and  not  included  within  the  definition  of 
the  Code  of  Fair  Competition  for  the  Bedding  Industry,  and  kapok 
pillow  fills  for  novelty  pillows." 

There  shall  be  added  to  Article  VI : 

"  7.  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

"(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

"(b)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry ; 

'•(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

"  8.  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, unless  duly  exempted  from  making  such  contributions,  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 

(210) 


211 

Authority  or  to  receive  the  benefits  of  any  of  its  vohmtary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Reco\ery 
Administration.  Failure  to  contribute  to  the  expenses  of  the  ad- 
ministration of  this  Code,  as  j3rovided  herein,  shall  constitute  a 
violation  of  the  Code. 

"•  9.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved." 

Section  5  of  Article  VII  shall  be  amended  to  read : 

"  5.  Rebates.  The  payment  or  allowance  of  rebates,  refunds,  or 
unearned  discounts  whether  in  the  form  of  money  or  otherwise  or 
the  extension  to  certain  purchasers  of  special  services  or  privileges 
not  extended  to  all  purchasers  on  like  terms  and  conditions." 

Section  11  of  Article  VII  shall  be  amended  by  omitting  the  last 
two  sentences  and  inserting:  "Cost  as  used  herein  shall  be  defined 
by  the  Code  Authority  subject  to  the  approval  of  the  xVdministrator. 
The  Code  Authority  may,  subject  to  the  approval  of  the  Adminis- 
trator, establish  a  simple  system  for  use  by  members  of  the  Industry 
to  collect  such  figures  as  are  necessary  to  determine  cost." 

Approved  Code  No.  79 — Ainendnient  No.  1. 
Registry  22&-1-06. 


Approved  Code  No.  138 — Amendment  No,  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

ANTI-FRICTION  BEARING  INDUSTRY 

As  Approved  on  July  31,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the 
Anti-Friction  Bearing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Indus- 
trial Recovery  Act,  approved  June  16,  1933,  for  the  approval  of  an 
amendment  to  a  Code  of  Fair  Competition  for  the  Anti-Friction 
Bearing  Industry,  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  amendment,  containing  findings  with 
respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A.  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the  per- 
tinent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  the  previous  approval 
of  said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  amended,  such  approval  and  such  amendment  to 
take  etfect  ten  (10)  days  from  the  date  hereof,  unless  good  cause  to 
the  contrary  is  shown  to  the  Administrator  before  that  time  and  the 
Administrator  issues  a  subsequent  order  to  that  eifect. 

Hugh  S.  Johnson. 
Adminhtmfo7'  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington.  D.C, 

July  31,  193!^. 

(213) 


REPORT  TO  THE  PRESIDENT 

The  President. 

The  White  House. 

Sir  :  This  is  a  report  on  tlie  Amendments  of  the  Code  of  Fair  Com- 
petition for  the  Anti-Friction  Bearing  Industry,  as  revised  after  a 
Public  Hearing  conducted  in  Washington,  D.C.,  on  April  5,  1934, 
in  accordance  with  Article  VIII,  Section  (g)  of  said  Code  as  ap- 
proved on  Xovember  27,  1933.  Due  opportunity  to  be  heard  was 
afforded  all  interested  parties. 

The  Amendments  provide  for  definite  terms  of  sale  which  will 
tend  to  prevent  destructive  price  cutting. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Amend- 
ments to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  ail  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  tlie  policies  and  purposes  of  Title  I  of  the 
Xalional  Indu^^trial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  w^ill  provide  for  the  general 
welfare  by  promoting  the  organization  of  industiy  for  the  purpose 
of  cooperative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tions of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and  Sub- 
section (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  a'gainst  them. 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  b?en  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  these  amendments  have  been  approved  l)y  me, 
subje'-t  however,  to  a  ten  day  waiting  period  as  provided   in  the 
Order  of  Approval. 
Respectfully, 

Hugh  S.  Johnson, 
Jui-Y  31,  1934.  Achninistrator. 


AMENDMENT  TO  CODE  OF  FAIK  COMPETITION  FOR  THE 
ANTI-FEICTION  BEARING  INDUSTRY 

Pursuant  to  Article  VIII  of  the  Code  of  Fair  Competition  for  the 
Anti-Friction  Bearing  Industry,  duly  approved  by  the  President,  on 
November  27.  1933.  and  further  to  effectuate  the  policies  of  Title  I 
of  the  National  Industrial  Recovery  Act,  the  following  amendments 
are  established  as  a  part  of  said  Code  of  Fair  Competition  and  shall 
be  binding  upon  every  member  of  the  Anti-Friction  Bearing 
Industry. 

AMENDMENTS 

Amend  Article  VII  by  relettering  present  Paragraph  (i)  so  that 
it  becomes  Paragraph  (j). 

Amend  Article  VII  by  inserting  a  new  Paragraph  (i)  therein  as 
follows : 

"(i)  Failure  to  adhere  to  the  following  terms  of  sale:  For  all 
sales,  terms  shall  be  not  to  exceed  net  cash  30  days  or  1%  discount 
for  cash  payment  as  follows :  On  bills  dated  1st  to  the  15th  inclusive 
if  paid  on  or  before  the  25th  of  the- month;  on  bills  dated  the  16th  to 
and  including  the  last  day  of  the  month,  if  paid  on  or  before  the 
10th  of  the  following  month;  excepting  that  on  sales  made  to  or 
through  distributors  or  jobbers  or  in  competition  with  distributors, 
jobbers  or  other  agencies,  not  subject  to  this  Code,  the  terms  may 
be  not  to  exceed  2%  10th  proximo." 

Approved  Code  No.  138 — Amendinent  No.  1. 
Registry  No.  1318-1-02. 

(21o) 


Approved  Code  No.  219 — Amendment  No.  4 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOB  THE 

BEDDING  MANUFACTUKING  INDUSTRY 

As  Approved  on  July  31,  1934 


ORDER 


Approving  Amendment  of   Code   of  Fair   Competition   for  the 
Bedding  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Bedding  Manufacturing 
Industry,  and  hearings  having  been  duly  held  thereon,  and  the 
annexed  report  on  said  amendment,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the  per- 
tinent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  I  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

July  31,  1934. 

80835 — 34 9  (217) 


REPOKT  TO  THE  PRESIDENT 

The  President, 

^      The  White  House.  ■  ..;/._::.:;. 

Sir  :  This  is  a  report  on  amendments  to  the  Code  of  Fair  Competi- 
tion for  the  Bedding  Maniifacturino:  Industry  as  approved  by  me  on 
January  23,  1934.  Application  was  made  under  date  of  April  7, 
1934  by  the  Code  Authority  for  the  Bedding  Manufacturing  Indus- 
try for  amendment  of  certain  of  the  provisions  of  Articles  II  and 
VII  of  the  said  Code.  All  interested  parties  were  given  opportunity 
to  present  their  views  at  a  Public  Hearing  held  on  these  proposed 
fourteen  amendments  on  May  4,  1934. 

Four  of  these  fourteen  amendments  have  been  approved  by  me. 
They  are  intended  to  clarify  the  language  of  that  section  of  the  Code 
which  prohibits  the  use  of  second-hand  or  previously  used  material 
in  the  manufacture  of  bedding  and  regulates  renovate  or  repair 
work,  to  clarify  the  Code's  definition  of  second-hand  and  previously 
used  material,  to  implement  existing  regulations  pertaining  to  the 
tagging  of  bedding,  and  to  require  compliance  Avith  all  provisions  of 
the  Code,  notwithstanding  requirements  of  State  statutes. 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  amendments  to  said  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  i)roceedings  in  this  matter: 

I  find  that : 

(a)  The  amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  wdiich  tend 
to  diminish  the  amount  thereof,  and  w^ill  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  suijervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, b}'  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and 
sub-section  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendments  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(218) 


219 

(e)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendments. 

Therefore,  I  have  approved  said  four  amendments. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  31,  1934. 


AMENDMENT  TO   CODE  OF   FAIR  COMPETITION  FOR 
THE  BEDDING  MANUFACTURING  INDUSTRY 

Amendment  No.  3 

Article  VII,  Part  I,  Section  1,  the  first  paragraph,  of  the  Bedding 
Code  shall  be  and  hereby  is  amended,  by  revising  the  said  paragraph 
to  read  as  follows : 

1.  Second-hand  material:  No  member  of  the  industry  shall  use 
second-hand  or  previously  used  material  in  the  manufacture  of  bed- 
ding. No  member  of  the  industry  shall  sell  any  remade,  renovated 
or  repaired  second-hand  bedding.  Remake,  renovate  or  repair  work 
on  bedding  is  permitted  only  when  a  member  of  the  industry  does 
such  work  for  the  owner  and  user  of  the  bedding  and  re-delivers  it 
direct  to  such  owner-user,  but  if  in  such  work  added  material  is 
needed,  such  added  material  shall  not  contain  any  previously  used 
material. 

Amendment  No.  4 

Article  VII,  Part  I,  Section  1,  second  paragraph,  of  the  Bedding 
Code  shall  be  and  hereby  is  amended,  by  deleting  at  the  end  thereof 
the  words  "  new  cotton  "  and  inserting  in  lieu  thereof  the  words, 
"  fibres  which  are  not  '  second-hand '  or  '  previously  used,' "  the 
paragraph  to  read  as  follows : 

The  terms  "  second-hand  "  or  "  previously  used  "  material  as  used 
herein  mean  (a)  any  material  which  has  been  used  in  the  manufac- 
ture of  another  article  or  used  for  any  other  purpose;  (b)  any 
material  made  into  thread,  yarn,  or  fabric,  and  subsequently  torn, 
shredded,  picked  apart,  or  otherwise  disintegrated.  (They  do  not 
include  metals  re-rolled  under  "  white  heat  "  or  by-products  obtained 
from  the  machining  of  fibres  which  are  not  "  second-hand  "  or  "  pre- 
viously used.") 

Amendment  No.  5 

Article  VII,  Part  I,  Section  3,  of  the  Bedding  Code  shall  be  and 
hereby  is  amended,  by  revising  said  Section  3  to  read  as  follows : 

3.  Tagging:  No  member  of  the  industry  shall  make  or  sell  a  mat- 
tress, pillow,  box  spring,  glider,  or  studio  couch  to  which  is  not  se- 
curely sewn  by  at  least  one  edge  a  cloth  or  cloth-backed  tag  at  least 
2x3  inches  in  size;  and  upon  the  face  of  said  tag  shall  be  legibly 
stamped  or  printed  in  English  (a)  the  materials  used  to  fill  such 
bedding;  (b)  the  name  and  address  of  the  maker  or  vendor  of  the 
bedding. 

(220) 


221 

When  bedding  is  remade,  renovated  or  repaired  as  authorized  in 
Section  1,  the  above  tag  shall  in  addition  be  legibly  stamped  or 
printed  on  the  face  thereof  with  the  word  "  Remade  "  or  "  Ren- 
ovated "  in  letters  at  least  one-eighth  inch  high.  In  the  case  of 
metal  beds,  springs,  cots  or  cribs,  the  tag  shall  be  securely  attached 
thereto. 

Nothing  likely  to  mislead  shall  appear  on  said  tag  and  it  shall 
contain  all  statements  required  hereunder,  and  shall  be  sewed  to  the 
outside  covering  of  every  article  of  such  bedding  before  the  filling  is 
inserted. 

The  name  "  felt "  shall  not  be  used  unless  the  material  described 
has  been  carded  in  layers  by  a  garnett  or  carding  machine. 

The  words  "  Second  Hand  "  in  bold  faced  letters  not  less  than 
tliree-quarters  of  an  inch  high  and  wide  shall  be  legibly  and  indelibly 
stenciled  on  top  and  bottom  of  every  second  hand  pillow,  mattress, 
pad,  box  spring,  studio  couch  or  glider,  and  on  top  of  the  head  and 
foot  end  angle  rails  of  every  second-hand  metal  bed,  spring,  cot  or 
crib,  if  such  bedding  has  been  used  but  not  remade,  renovated  or 
repaired. 

Amendment  No.  8 

Article  VII,  Part  I,  Section  4,  of  the  Bedding  Code  shall  be  and 
hereby  is  amended,  by  deleting  the  second  paragraph  of  subsection 
(g)  and  inserting  in  proper  order  a  new  paragraph  (i)  as  follows: 

(i)  This  Code  shall  not  be  construed  to  relieve  any  member  of  the 
Industry  from  the  requirements  of  State  statutes,  but  notwithstand- 
ing the  requirements  of  State  statutes,  each  member  of  the  Industry 
must  comply  with  the  provisions  of  this  Code. 

Approved  Code  No.  219' — Amendment  No.  4. 
Registry  No.  1607-1-01. 


Approved  Code  No.  139 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

MACHINE  TOOL  AND  EQUIPMENT  DISTRIBUTING 

TRADE 

As  Approved  on  July  31,  1934 


ORDER 


Approving  Modification   of   Code  of  Fair  Competition  for  the 
Machine  Tool  and  Equipment  Distributing  Trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modifica- 
tion to  a  Code  of  Fair  Competition  for  the  Machine  Tool  and  Equip- 
ment Distributing  Trade,  and  Notice  of  Opportunity  to  Be  Heard 
having  been  given  and  the  annexed  report  on  said  modification,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
lo  the  President ', 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said  annexed 
report  and  do  find  that  said  modification  and  the  Code  as  constituted 
after  being  modified  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of 
said  Act,  and  do  hereby  order  that  said  modification  be  and  it  is 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  modified,  such  approval  and  such  modification  to  take  effect  ten 
(10)  days  from  the  elate  hereof,  unless  good  cause  to  the  contrary  is 
shown  to  the  Administrator  before  that  time  and  the  Administrator 
issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Admimstrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

July  31,  193 ^. 

(223) 


REPOKT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Modification  of  the  Code  of  Fair  Com- 
petition for  the  Machine  Tool  and  Equipment  Distributing  Trade  to 
inchide  Executive  Order  6G78  of  April  14,  1934  relating  to  collection 
of  expenses  of  code  administration.  This  Modification  was  proposed 
in  accordance  with  Article  VIII  of  the  Code,  approved  November  27, 
1933  and  Notice  of  Opportunity  to  Be  Heard  was  given  from  June 
9  to  June  23,  1934. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Mod- 
ification of  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through  in- 
creasing purchasing  power,  by  reducing  and  relieving  unemployment, 
by  improving  standards  of  labor,  and  by  otherwise  rehabilitating 
industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 

For  these  reasons,  these  Modifications  have  been  approved  by  me, 
subject  however  to  a  ten  day  stay  in  the  order  of  approval. 
Respectfully, 

Hugh  S.  Johnson, 
July  31,  1934.  Adm,inistraior, 

(224) 


MODIFICATION  OF  CODE  OF  FAIR  COMPETITION, 
MACHINE  TOOL  AND  EQUIPMENT  DISTRIBUTING 
TRADE 

Purpose 

Pursuant  to  Article  VII  of  the  Code  of  Fair  Competition  for  the 
Machine  Tool  and  Equipment  Distributing  Trade,  duly  approved  by 
the  Administrator  on  November  27,  1933,  and  further  to  effectuate 
the  policies  of  Title  I  of  the  National  Industrial  Recovery  Act,  the 
following  modification  is  established  as  a  part  of  said  Code  of  Fair 
Competition  and  shall  be  binding  upon  every  member  of  the  Ma- 
chine Tool  and  Equipment  Distributing  Trade, 

MODIFICATIGN 

Modify  Article  V  by  deleting  Section  5,  and  substituting  in  lieu 
thereof  the  following : 

Section  6.  (1)  It  being  found  necessary  in  order  to  support  the 
administration  of  this  code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act,  the  Code  Authority  is  authorized : 

a.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code : 

b.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  niay  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  tor  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry : 

c.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  equitable  contribution 
as  above  set  forth  by  all  members  of  the  Industry,  and  to  that  end, 
if  necessary,  to  institute  legal  proceedings  therefor  in  its  own  name. 

(2)  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, unless  duly  exempted  from  making  such  contributions,  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

(225) 


226 


(3)  The  Code  Aiithority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget ;  and  shall  in  no  event  exceed  the  total  amount 
contained  in  the  approved  budget  except  upon  approAal  of  the  Ad- 
ministrator; and  no  subsequent  budget  shall  contain  any  deficiency 
item  for  expenditures  in  excess  of  prior  budget  estimates  except 
tliose  which  the  Administrator  shall  have  so  approved. 

(4)  Any  member  of  the  Trade  mav  become  a  member  of  the 
Associated  Machine  Tool  Dealers,  and  there  shall  be  no  inequitable 
restrictions  on  such  membership. 

Approved  Code  No.  139 — Amendment  No.  1. 
Registry  No.  1149-12. 


Approved  Code  No.  306 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

MICA  INDUSTRY 

As  Approved  on  July  31,  1934 


ORDER 


Approving  Amendment  to  Code  of  Fair  Competition  for  the 

Mica  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  the  approval  of  an 
amendment  to  a  Code  of  Fair  Competition  for  the  Mica  Industry, 
and  NOTICE  OF  OPPORTUNITY  TO  BE  HEARD  Adminis- 
trative Order  No.  306-5,  dated  June  11,  1934,  having  been  published 
and  no  objection  having  been  filed  as  provided  in  said  published 
notice,  and  the  annexed  report  on  said  amendment  containing  find- 
ings with  respect  thereto,  having  been  made  and  directed  to  the 
!Prp  s  I  CI  Gil  tj 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  such  approval  and  such  amendment  to  take 
effect  ten  (10)  days  from  the  date  hereof,  unless  good  cause  to  the 
contrary  is  shown  to  the  Administrator  before  that  time  and  the 
Administrator  issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
C.  E.  Adams, 

Division  Adnninistrator. 

Washington,-  D.C, 

July  31, 1934. 

(227) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  an  Amendment  to  the  Code  of  Fair  Competition  for  the 
Mica  Industry,  submitted  by  the  Code  Authority  for  the  said 
Industry. 

The  existing  provision  of  Article  VI,  Section  6  of  the  Code  for 
the  said  Industry,  is  entirely  inadequate  in  view  of  Executive  Order 
6678  and  Administrative  Order  X-36,  and  it  is  therefore  evident  that 
the  proposed  amendment  to  Article  VI  of  said  Code,  the  provisions 
of  wliich  follow  closely  the  text  of  the  above  mentioned  Orders, 
M'ili  overcome  the  existing  inadequate  provisions. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provision  of  said  Title  of  said  Act,  including  without  limitation 
sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  amenchnent  and  the  Code  as  amended  are  not  designed  to 
and  will  not  p  rmit  monopolies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(228); 


229 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment. 

Kespectively, 

Hugh  S.  Johnson, 

A  dminis  trator, 

July  31,  1934. 


AMENDMENT   TO   CODE  OF   FAIR   COMPETITION   FOR 
THE  MICA  INDUSTRY 

Section  6  of  Article  VI  shall  be  stricken  from  the  Code  of  Fair 
Competition  for  the  Mica  Industry  and  the  following  inserted  in 
lieu  thereof : 

(6)  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  the  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  Code. 

(2)  Submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  neces- 
sary, (a)  an  itemized  budget  of  the  estimated  expenses  for  the 
foregoing  purposes,  and  (b)  an  equitable  basis  upon  which  the 
funds  necessary  to  support  such  budget  shall  be  contributed  by 
members  of  the  industry. 

(3)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain  equi- 
table contribution  as  above  set  forth  by  all  members  of  the 
industry,  and  to  that  end,  if  necessary,  to  institute  legal  pro- 
ceedings therefor  in  its  own  name. 

(6a)  Each  member  of  the  industry  shall  be  liable  for  his  or  its 
equitable  contribution  to  the  expenses  of  the  maintenance  of  the  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Failure  on  the  part  of  a  member  of  the  industry  to  make  such  con- 
tribution shall  be  a  violation  of  this  Code.  Only  members  of  the 
industry  complying  with  the  Code  and  contributing  to  the  expenses 
of  its  administration  as  hereinabove  provided,  shall  be  entitled  to 
participate  in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities,  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration. 

(6b)  "  The  Code  Authority  shall  neither  incur  nor  pay  any  obli- 
gation substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget,  and  shall  in  no  event,  exceed  the  total  amount 
contained  in  the  approved  budget,  except  upon  approval  of  the 
Administrator;  and  no  subsequent  budget  shall  contain  any  defi- 
ciency item  for  expenditure  in  excess  of  prior  budget  estimates  ex- 
cept those  which  the  Administrator  shall  have  so  approved." 

Approved  Code  No.  306 — Amendment  No.  1. 
Registry  No.  1013-13. 

(230) 


Approved  Code  No.  256 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

SCHIFFLI,  THE  HAND  MACHINE  EMBROIDERY, 
AND  THE  EMBROIDERY  THREAD  AND  SCALLOP 
CUTTING  INDUSTRIES 

As  Approved  on  July  31, 1934 


ORDEE 


Approving  Amendment  to  Code  of  Fair  Competition  for  the  Schif- 
FLi,  the  Hand  Machine  Embroidery,  and  the  Embroidery  Thread 
AND  Scallop  Cutting  Industries 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Schiffli,  Hand  Machine 
Embroidery  and  Embroidery  Thread  and  Scallop  Cutting  Indus- 
tries, and  notice  of  opportunity  to  file  objections  having  been 
published  thereon,  and  the  annexed  report  on  said  amendment,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  wull  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereb}^  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended. 

Hugh  S.  Johnson, 
AdTministrator  for  Industrial  Recovery. 

Approval  recommended: 
Sol  a.  Rosenblatt, 

Division  Administrator. 

Washington,  D.C, 

July  31,  193If. 

(231) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  ^ylute  Homo. 

Sik:  The  notice  of  opportunity  to  file  objections  to  the  proposed 
assessment  amendment  to  the  Code  of  Fair  Competition  for  the 
Schiffli,  Hand  Machine  Embroidery  and  Embroidery  Thread  and 
Scallop  Cutting  Industries,  as  submitted  by  the  Code  Authority, 
was  published  on  May  29,  1934.  During  the  period  designated  for 
the  filing  of  objections,  no  objections  were  received. 

The  proposed  amendment  was  submitted  by  the  Code  Authority 
in  accordance  with  your  Order  of  April  14,  1934. 

The  proposed  amendment  was  revised  pursuant  to  instructions, 
issued  by  the  Legal  Division. 

In  final  form  this  amendment  has  been  approved  by  the  Indus- 
trial Advisory  Board,  the  Consumers'  Advisory  Board,  the  Research 
and  Planning  Division  and  the  Legal  Division  of  the  National 
Recovery  Administration.  The  failure  of  the  Labor  Advisory 
Board  to  take  notice  of  the  proposed  amendment  does  not  constitute 
an  objection  thereto. 

The  Deputy  Administrator  in  his  final  report  to  me  on  the  amend- 
ment to  said  Code,  having  found  as  herein  set  forth  and  on  the  basis, 
of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices  by  promoting  the  fullest  possible  utilization  of  the  pres- 
ent productive  capacity  of  industries,  by  avoiding  undue  restriction 
of  production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through  in- 
creasing purchasing  power,  by  reducing  and  relieving  unemployment, 
by  improving  standards  of  labor,  and  by  otherwise  rehabilitating 
industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7  and 
subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amen(hnent  on  behalf  of  the  Industries  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed! 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(232) 


233 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed' 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said; 
amendment. 

For  these  reasons,  this  amendment  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator^ 
July  31,  1934. 


808.'{5— H4 10 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  SCHIFFLI,  THE  HAND  MACHINE  EMBROIDERY, 
AND  THE  EMBROIDERY  THREAD  AND  SCALLOP  CUT- 
TING INDUSTRIES 

Subsection  (f)  of  Section  8,  Article  V,  of  the  Code  shall  be  deleted. 

The  following  sections  shall  be  added  to  Article  V  of  the  Code  of 
Fair  Competition  for  the  Schiffli,  Hand  Machine  Embroidery  and 
Embroidery  Thread  and  Scallop  Cutting  Industries,  and  shall  be 
designated  as  Sections  12,  13,  and  14  under  said  Article  V. 

"  12.  It  being  found  necessary  in  order  to  support  the  admin- 
istration of  this  Code  and  to  maintain  the  standards  of  fair  compe- 
tition established  hereunder  and  to  effectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized : 

"(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

"  (b)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  mav  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industries : 

"(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved bj^  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industries,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

"  13.  Each  member  of  the  Industries  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  Industries  complying  with  the  Code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided  (unless 
duly  exempted  from  making  such  contribution),  shall  be  entitled  to 
participate  in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities. 

"  14.  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  and  shall  in  no  event  exceed  the  total  amount  con- 
tained in  the  approved  budget,  except  upon  ajiproval  of  the  Adminis- 
trator; and  no  subsequent  budget  shall  contain  any  deficiency  item 
for  expenditures  in  excess  of  prior  budget  estimates  except  those 
which  the  Administrator  shall  have  so  approved." 

Approved  Code  No.  256 — Amendment  No.  1. 
Registry  No.  231-1-05. 

(234) 


Approved  Code  No.  471 — Amendment  No.  1 

AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

TRAILER  MANUFACTURING  INDUSTRY 

As  Approved  on  July  31, 1934 


ORDER 


Approving  Modification  or  Code  of  Fair  Competition   for  the 
Trailer  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modification 
of  a  Code  of  Fair  Competition  for  the  Trailer  Manufacturing  Indus- 
try, as  contained  in  a  Published  Notice  of  Opportunity  to  be  Heard, 
Administrative  Order  No.  471-2,  dated  July  2,  1934,  and  no  objec- 
tions having  been  filed  as  provided  in  said  Published  Notice,  and  the 
annexed  report  on  said  modification,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  6543-A,  dated  December  30,  1933, 
and  otherwise,  do  hereby  incorporate,  by  reference,  said  annexed 
report  and  do  find  that  said  modification  and  the  Code  as  constituted 
after  being  modified  comply  in  all  respects  with  the  pertinent  provi- 
sions and  will  promote  the  policy  and  purposes  of  said  Title  of  said 
Act,  and  do  hereby  order  that  said  modification  be  and  it  is  hereby 
approved,  and  that  the  previous  approval  of  said  Code  is  hereby 
amended  to  include  an  approval  of  said  Code  in  its  entirety  as 
modified,  such  approval  and  such  modification  to  take  effect  ten  (10) 
days  from  the  date  hereof,  unless  good  cause  to  the  contrary  is 
shown  to  the  Administrator  before  that  time  and  the  Administrator 
issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administi'ator  for  Industrial  Recovery. 

Approval  recommended : 

C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

JuLy  31,  193k. 

(235) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House^ 

Sie:  An  application  has  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  the  National  Industrial  Recovery 
Act,  for  a  modification  of  the  Code  of  Fair  Competition  for  the 
Trailer  Manufacturing  Industry. 

The  existing  provision  of  Article  VI,  Section  6  of  the  Code  for 
the  said  Industry,  is  entirely  inadequate  in  view  of  Executive  Order 
6678  and  Administrative  Order  X-36,  and  it  is  therefore  evident 
that  the  proposed  modification  of  Article  VI  of  said  Code,  the  pro- 
visions of  which  follow  closely  the  text  of  the  above  mentioned 
Orders,  will  overcome  the  existing  inadequate  provisions. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modi- 
fication of  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recoverj'^  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue 
restrictions  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  a*;ricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10,  thereof. 

(c)  The  Trailer  Manufacturers'  Association  was  and  is  a  trade 
association  truly  representative  of  the  aforesaid  Industry,  and  that 
said  association  imposed  and  imposes  no  inequitable  restrictions  on 
admission  to  membership  therein  and  has  applied  for  this  modifi- 
cation. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(236) 


237 


(e)  The  modification  and  the  Code  as  modified  are  not  designed 
"to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
•operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 

For  these  reasons,  therefore,  I  have  approved  this  modification. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
July  31,  1934. 


MODIFICATION  OF  CODE  OF  FAIR  COMPETITION  FOR 
THE  TRAILER  MANUFACTURING  INDUSTRY 


PURPOSE 

Pursuant  to  Article  IX  of  the  Code  of  Fair  Competition  for  the 
Trailer  Manufacturing  Industry,  duly  approved  by  the  Administrator 
on  June  26,  1934,  and  further  to  effectuate  the  policies  of  Title  I  of 
the  National  Industrial  Act,  the  following  modification  is  established 
as  a  part  of  said  Code  of  Fair  Competition  and  shall  be  binding 
upon  every  member  of  the  Trailer  Manufacturing  Industry. 

MODIFICATION 

Delete  Section  6  of  Article  VI,  and  in  place  thereof,  insert  the 
following : 

Sectiox  6.  (a)  It  being  found  necessary  in  order  to  support  the 
administration  of  this  code  and  to  maintain  the  standards  of  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act,  the  Code  Authority  is  authorized : 

1.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary  (a) 
an  itemized  budget  of  its  estimated  expenses  for  the  foregoing  pur- 
poses, and  (b)  an  equitable  basis  upon  which  the  funds  necessary  to 
support  such  budget  shall  be  contributed  by  members  of  the  industry ; 

3.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  equitable  contribution 
as  above  set  forth  by  all  members  of  the  industry,  and  to  that  end, 
if  necessary,  to  institute  legal  proceedings  therefor  in  its  own  name. 

(b)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contributions,  shall  be  entitled  to 
participate  in  the  selection  of  members  of  the  Code  Authority  or  to 
receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration. 

(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 

(238) 


239 

substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  and  shall  in  no  event  exceed  the  total  amount  con- 
tained in  the  approved  budget,  except  upon  approval  of  the  Admin- 
istrator; and  no  subsequent  budget  shall  contain  any  deficiency  item 
for  expenditures  in  excess  of  prior  budget  estimates  except  those 
which  the  Administrator  shall  have  so  approved. 

Approved  Code  No.  471 — Amendment  No.  1. 
Registry  No.  1420—01. 


Approved  Code  No.  423 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

DROP  FORGING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the  Drop 

Forging  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Drop  Forging  Industry, 
and  opportunity  to  be  heard  having  been  afforded  all  members  of  the 
Industry,  and  no  objections  having  been  filed,  and  the  annexed  report 
on  said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as  con- 
stituted after  being  amended  comply  in  all  respects  with  the  perti- 
nent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be  and 
it  is  hereby  approved,  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  i,  1931^. 

(241) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  amendment  to  the  Code  of  Fair  Com- 
petition for  the  Drop  Forging  Industry.  Notice  of  opportunity  to 
be  heard  was  sent  to  all  members  of  the  Industry  on  July  2,  1934, 
and  no  objections  were  filed  with  the  Administration.  The  amend- 
ment, which  is  attached,  was  presented  by  the  Code  Authority. 

The  Code  of  Fair  Competition  for  the  Drop  Forging  Industry 
provides  in  Article  IX,  Section  2  that 

"  This  Code,  except  as  to  provisions  required  by  the  Act,  may  be 
modified  or  amended  from  time  to  time,  such  modifications  or  amend- 
ments to  be  based  upon  application  by  the  Code  Authority  to  the 
Administrator  and  such  notice  and  hearing  as  he  shall  specify,  and 
to  become  elfective  on  approval  of  the  Administrator." 

This  amendment  provides  that  Section  4  of  Article  VI  be  de- 
leted and  that  certain  provisions  be  inserted  to  facilitate  the  collec- 
tion of  assessments  from  each  member  of  the  Industry. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  amendment  to  said  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for  the 
general  welfare  by  promoting  the  organization  of  industry  for  the 
purpose  of  cooperative  action  among  trade  groups,  by  inducing  and 
maintaining  united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of 
the  present  productive  capacity  of  industries,  by  avoiding  undue 
restriction  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  reliev- 
ing unemployment,  by  improving  standards  of  labor,  and  by 
otherwise  rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limitation 
Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7  and  Sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  Industry  as  a  whole. 

(242) 


243 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment. 
Respectfully, 

Hugh  S.  Johnson, 

Adtninistrator. 
August  1,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  DROP  FORGING  INDUSTRY 

Amend  said  Code  by  striking  out  Article  VI,  Section  4  and 
inserting  in  place  of  said  Section  the  following  Amendment: 

1.  It  being  found  necessary  in  order  to  support  the  administration 
of  this  code  and  to  maintain  the  standards  of  fair  competition  estab- 
lished hereunder  and  to  effectuate  the  policy  of  the  Act,  the  Code 
Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  Industry,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

2.  Each  member  of  the  industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Code  Authority, 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regula- 
tions pertaining  thereto  issued  by  the  Administrator.  Only  mem- 
bers of  the  industry  complying  with  the  code  and  contributing  to  the 
expenses  of  its  administration  as  hereinabove  provided,  unless  duly 
exempted  from  making  such  contributions,  shall  be  entitled  to  par- 
ticipate in  the  selection  of  members  of  the  Code  Authority  or  to 
make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

Approved  Code  No.  423 — Amendment  No.  1. 
fiegistry  No.  1110-02. 

(244) 


Approved   Code  No.   45 — Amendment   No.   2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

SADDLERY  MANUFACTURING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Appro\ing  Amendment  of  Code  of  Fair  Competition  for  the 
Saddlery  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Indus- 
trial Recovery  Act,  approved  June  16,  1933,  for  approval  of  an 
amendment  to  a  Code  of  Fair  Competition  for  the  Saddlery  Manu- 
facturing IndustiT,  and  notice  of  opportunity  to  be  heard  having 
been  duly  given  thereon  and  the  annexed  report  on  said  amendment, 
containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  amended. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August,  1,  193Jf. 

(245) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Hoiise. 

Sir:  This  is  a  report  on  the  amendments  to  the  Code  of  Fair 
Competition  for  the  Saddlery  Manufacturing  Industry,  which  has 
been  submitted  in  accordance  with  Executive  Order  No.  G678. 

This  amendment  enables  the  Code  Authority  to  incur  such  reason- 
able obligations  as  are  necessary  to  support  the  administration  of 
the  code  and  to  maintain  the  standards  of  fair  competition  estab- 
lished by  this  code.  It  also  enables  the  Code  Authority  to  submit  an 
itemized  budget,  and  an  equitable  basis  upon  which  the  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  the  members  of 
the  industry.  Such  contributions  are  made  mandatory  by  this 
amendment. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  code,  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  amendments  to  said  code  and  the  code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  groups,  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  the  industries,  by  avoiding  undue 
restrictions  of  production  (except  as  may  be  temporarily  required), 
bj^  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  reliev- 
ing unemployment,  by  improving  standards  of  labor,  and  by  other- 
wise rehabilitating  industry. 

(b)  The  code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  5,  Subsection  (a)  of  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  amendments  and  the  code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  amendments  and  the  code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of 
said  amendments. 

For  these  reasons  the  amendments  have  been  aj^proved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dminis  trator. 
August  1,  1934. 

(246) 


AMENDMENT   TO   CODE   OF   FAIR    COMPETITION   FOE 
THE  SADDLERY  MANUFACTURING  INDUSTRY 

The  following  shall  be  substitiited  for  Article  VI,  Section  3 : 
1.  It  being  found  necessary  to  support  the  administration  of  this 
Code  in  order  to  effectuate  the  policy  of  the  Act  and  to  maintain 
the  standards  of  fair  competition  established  hereunder,  the  Code 
Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  shall  be  held  in  trust  for  the  purposes  of  the  Code 
and  raised  as  hereinafter  provided. 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary: 

(1)  An  itemized  budget  of  its  estimated  expenses  for  the  fore- 
going purposes,  and 

(2)  An  equitable  basis  upon  which  the  funds  necessary  to  support 
such  budget  shall  be  contributed  by  all  members  of  the  Industry 
entitled  to  the  benefits  accruing  from  the  maintenance  of  such 
standards,  and  the  administration  thereof; 

(c)  After  such  budget  and  basis  of  assessment  have  been  approved 
by  the  Administrator,  to  determine  and  collect  equitable  assessments 
as  set  forth,  and  to  that  end,  if  necessary,  to  institute  legal  proceed- 
ings therefor  in  its  own  name. 

(d)  Each  member  of  the  Industry  shall  be  liable  for  his  or  its 
equitable  assessment  to  the  expense  of  the  maintenance  of  the  Code 
Authority  as  hereinabove  provided. 

(e)  Only  members  of  the  Industry  complying  with  the  Code 
and  contributing  to  the  expenses  of  its  administration  as  provided 
in  Section  3  hereof  (unless  duly  exempted  from  making  such  con- 
tribution) shall  be  entitled  to  participate  in  the  selection  of  the 
members  of  the  Code  Authority  or  to  receive  the  benefit  of  its  volun- 
tary activities  or  to  make  use  of  any  emblem  or  insignia  of  the 
National  Recovery  Administration. 

(f)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator  first  obtained; 
and  no  subsequent  budget  shall  contain  any  deficiency  item  for 
expenditures  in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  shall  have  so  approved. 

Approved  Code  No.  45 — Amendment  No.  2. 
Registry  No.  915-01. 

(247) 


Approved  Code  No.  54 — Amendment  No.  3 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

THROWING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving  Amendment  of  Code  of  Fair  Competition  for  the 
Throwing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Throwing  Industry,  and 
hearings  having  been  duly  held  thereon  and  the  annexed  report  on 
said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pureuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  such  approval  and  such  amendment  to  take 
effect  ten  (10)  days  from  the  date  hereof,  unless  good  cause  to  the 
contrary  is  shown  to  the  Administrator  before  that  time  and  the 
Administrator  issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

Augmt  1,  1,934. 

80835—34 11  (249) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Hcni-9e. 

Sir  :  The  attached  modification  of  Section  4  of  the  Code  of  Fair 

Competition  for  the  Throwinji'  Industiy  has  been  made  so  that  the 

Code  Administration  Connnittee  may  assess  members  of  the  Industry 

for  the  purpose  of  raising  funds  to  meet  the  costs  of  administration. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendment  of  said  Code  havinir  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  amendment  of  said  Code  and  the  Code  as  amended  are 
■well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
Avhich  tend  to  diminish  the  amount  thereof,  and  will  provide  for 
the  general  welfare  by  promoting  the  organization  of  industiy  for 
the  purpose  of  cooperative  action  among  trade  groups,  by  inducing 
and  maintaining  united  action  of  labor  and  management  under 
adequate  governmental  sanction  and  supervision,  by  eliminating 
unfair  competiti\  e  ])ractices,  by  promoting  the  fullest  possible  utili- 
zation of  the  present  })roductive  cajjacity  of  industries,  hj  avoiding 
undue  restriction  of  production  (except  as  may  be  temporarily 
required),  by  increasing  the  consumption  of  industrial  and  agricul- 
tural products  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
by  otherwise  rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the 
pertinent  provisions  of  said  Title  of  said  Act,  including  without 
limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  Section  7  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Administration  Committee  to 
present  the  aforesaid  amendment  on  behalf  of  the  Industry  as  a 
whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  this  amendment  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  1,  1934. 

(250) 


AMENDMENT   TO   CODE  OF   FAIR   COMPETITION  FOR 
THE  THROWING  INDUSTRY 

Sections  4(c)  and  4(h)(4)  of  the  Code  of  Fair  Competition  for 
the  Throwing  Industry,  as  amended  on  April  19,  1934.  shall  be  de- 
leted and  the  following  Section  inserted  in  the  place  of  Section  4(c)  : 

''(c)  1.  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  competi- 
tion established  hereunder  and  to  effectuate  the  policy  of  the  Act.  the 
Code  Administration  Committee  is  authorized : 

"(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  maj'  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code : 

"'(b)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  neces- 
sary (1)  an  itemized  budget  of  its  estimated  expenses  for  the  fore- 
going purposes,  and  (2)  an  equitable  basis  upon  which  the  funds 
necessary  to  support  such  budget  shall  be  contributed  by  members 
of  the  Industry : 

"(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end.  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

"  2.  Each  member  of  the  Industry'  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Admin- 
istration Committee  determined  as  hereinabove  provided,  and  sub- 
ject to  rules  and  regulations  pertaining  thereto  issued  by  the  Ad- 
ininistrator.  Only  members  of  the  Industry  complying  with  the 
Code  and  contributing  to  the  expenses  of  its  administration  as  here- 
inabove provided,  unless  dtiiy  exempted  from  making  such  contri- 
butions, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Code  Administration  Committee  or  to  receive  the  benefits  of 
any  of  its  voluntary  activities  or  to  make  use  of  any  emblem  or 
insignia  of  the  National  Recovery  Administration. 

"■  8.  The  Code  Administration  Committee  shall  neither  incur  nor 
pay  any  obligation  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget  except  tipon  approval  of  the  Administrator; 
and  no  subsequent  budget  shall  contain  any  deficiency  item  for  ex- 
penditures in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  shall  have  so  approved. 

"  4.  In  voting  for  the  Code  Administration  Committee  each  em- 
ployer in  this  Industry,  complying  with  the  above  requirements, 
shall  have  one  vote  for  each  5.000  spindles  or  fraction  thereof  oper- 
ated by  him  and  registered  with  the  Code  Administration  Com- 
mittee."' 

Apiuuved  Code  No.  54 — Ameiidment  No.  3. 
Registry  No    274-1-01. 

(251) 


Approved  Code  No.  270 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR  THE 

WOOD  HEEL  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


ApruovixG  Amendment  to  Code  of  Fair  Competition  for  the  Wood 

Heel  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recover}'  Act,  approved  June  16.  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Wood  Heel  Industry, 
and  hearings  having  been  duly  held  thereon  and  the  annexed  report 
on  said  amendment,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933.  and  otherwise;  do  hereby  incorporate  by  reference,  said  an- 
nexed report  and  do  find  that  said  amendment  and  the  Code  as 
''x'onstituted  after  being  amended  comj^ly  in  all  respects  with  the  per- 
tinent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act.  and  do  hereby  order  that  said  amendment  be  and  it 
is  hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended. 

Hugh  S.  Johnson, 
Administrafor  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

D ivis  10 n  A dmimstrator. 

Washington,  D.C, 

August  U  193Jt. 

(253) 


REPORT  TO  THE  PRESIDENT 

The  President. 

The  White  House. 

Sir:  This  is  a  report  on  an  amendment  to  Article  VI,  Section  7 
of  the  Code  of  Fair  Competition  for  the  Wood  Heel  Industry  ap- 
l)n)ved  on  Februaiy  9.  1934,  and  on  which  a  notice  of  opportunity 
to  be  heard  was  published  on  July  7  in  accordance  witli  the  pro- 
visions of  Title  I  of  the  National  Industrial  Recovery  Act.  This 
amendment  has  been  submitted  in  accordance  with  Article  X,  Sec- 
tion '2  of  the  Code, 

The  purpose  and  effect  of  this  amendment  are  to  authorize  the  Code 
Authority  to  submit  a  budget  and  method  of  assessment  upon  which 
funds  shall  be  contributed  by  members  of  the  Industry. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  ])roceedings  in  this  matter: 

I  find  that: 

(a)  The  Amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for  the 
general  welfare  by  promoting  the  organization  of  industry  for  the 
purpose  of  cooperative  action  of  labor  and  management  under  ade- 
quate governmental  sanction  and  supervision,  by  eliminating  unfair 
competitive  practices,  by  promoting  the  fullest  possible  utilization  of 
the  ])resent  productive  capacity  of  industries,  by  avoiding  undue 
restrictions  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry, 

(b)  The  Code  as  amended  complies  in  all  respects  with  the 
pertinent  provisions  of  said  Title  of  said  Act,  including  without 
limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7 
and  Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said Amendment  on  behalf  of  the  Industry  as  a  whole, 

(d)  The  Amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monoj)olies  or  monopolistic  practices. 

(e)  The  Amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them, 

(254) 


255 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendment. 

For  these  reasons,  therefore,  I  have  approved  this  Amendment. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  1,  1934. 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  WOOD  HEEL  INDUSTRY 

Modify  Article  VI.  Enforcement,  by  deleting  Section  7  and  sub- 
stituting in  lieu  thereof  the  following: 

*•  Section  7. — Expenses  of  Code  Authority. — 

"  (1)  It  being  found  necessary  in  order  to  support  the  administra- 
tion of  this  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

"  a.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  lunds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code. 

"  b.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary : 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
industry : 

''  c.  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  industry,  and  to 
that  end.  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

*'  (2)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  industry  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, unless  duly  exempted  from  making  such  contribution,  shall  be 
entitled  to  participate  in  the  selection  of  members  of  the  Code  Au- 
thority or  to  receive  benefits  of  any  of  its  voluntary  activities  or  to 
make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

''  (3)  The  Code  Authority  shall  neither  incur  nor  pay  any  obli- 
gation substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget,  and  shall  in  no  event  exceed  the  total  amount 
contained  in  the  approved  budget,  except  upon  approval  of  the  Ad- 
ministrator; and  no  subsequent  budget  shall  contain  any  deficiency 
item  for  expenditures  in  excess  of  prior  budget  estimates  except 
those  which  the  Administrator  shall  have  so  approved." 

Approved  Code  No.  270 — Amendment  No.  1. 
Registry  No.  325-01. 

(256) 


Approved  Code  No.  194 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

BLOUSE   AND    SKIRT   MANUFACTURING 
INDUSTRIES 

As  Approved  on  August  2,  1934 


ORDER 


Approving   Amendment  to   Code   of   Fair    Competition   for   the 
Blouse  and  Skirt  Manufacturing  Industries 

An  application  having  been  cluh'  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act.  approved  June  16.  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Blouse  and  Skirt  Manu- 
facturing Industries  and  notice  of  opportunity  to  be  heard  having 
been  published  thereon  and  the  annexed  report  on  said  amendment, 
containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise,  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended. 

Hugh  S.  Johnson, 
Ad'tmnistrator  for  Industrial  Recovery. 

Approval  recommended : 

William  P.  Farnsworth, 

Acting  Division  Administrator. 

Washington.  D.C, 

August  2,  1934. 

(257) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  procedure  followed  by  the  National 
Recovery  Administration  in  approving  an  amendment  to  the  Code- 
of  Fair  Competition  for  the  Blouse  and  Skirt  Manufacturing  Indus- 
tries, as  approved  on  December  30,  1933,  which  empowers  the  Code 
Authority  to  assess  members  of  the  Industries  in  order  to  obtain 
funds  for  purposes  of  Code  administration.  This  amendment  car- 
ries out  the  terms  of  your  Order  of  April  14,  1934. 

This  amendment  was  submitted  by  the  Code  Authority  for  the 
Blouse  and  Skirt  Manufacturing  Industries  on  behalf  of  the  Blouse 
and  Skirt  Manufacturing  Industries.  A  notice  of  opportunity  to 
be  heard  to  the  amendment,  as  proposed  by  the  Code  Authority, 
was  subsequently  issued,  and  an  adequate  opportunity  was  given 
all  interested  parties  to  voice  their  objection  to  the  approval  of  this 
amendment.  No  objections,  however,  were  filed  with  the  Deputy 
Administrator. 

The   Deputy   Administrator   in   his   final   report   to  me   on   this 
amendment  to  said  Code,  having  found  as  herei''  set  forth  and  on  the 
, basis  of  all  the  proceedings  in  this  matter; 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act,  including  the  removal  of  obstruc- 
tion to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  i:)urpose 
of  cooperative  action  among  trade  groups,  b}'  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate 
governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by  in- 
creasing the  consumption  of  agricultural  and  industrial  products 
through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said amendment  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  tO' 
and  will  not  permit  monopolies  or  monopolistic  practices, 

(258) 


259 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of  said 
amendment. 

For  these  reasons  this  Amendment  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  2,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  BLOUSE  AND  SKIRT  MANUFACTURING  IN- 
DUSTRIES 

The  f()llowin;nr  shall  be  added  to  Article  V  of  the  Code  of  Fair  Com- 
petition for  the  Blouse  and  Skirt  Manufacturing  Industries  and 
shall  be  designated  as  Sections  5.  6,  7,  and  8. 

Sectiox  5.  It  being-  found  necessary  in  order  to  support  the  ad- 
ministration of  this  Code  and  to  maintain  the  standards  oi  fair 
competition  established  hereunder  and  to  effectuate  the  policy  of  the 
Act.  the  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purpose,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  pur[)oses  of  the  Code; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heai'd  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry. 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Achninistrator.  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

Section  6.  Each  member  of  the  Industry  shall  pay  his  or  its  equi- 
table contribution  to  the  expenses  of  the  maintenance  of  the  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  Code  and  con- 
tribiiting  to  the  expenses  of  its  administration  as  hereinabove  ])ro- 
vided  (unless  duly  exempted  from  making  such  contribution),  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities. 

Section  7.  Failure  on  the  part  of  any  member  of  the  Industry  to 
contribute  his  or  its  equitable  contribution  to  the  expenses  of  main- 
taining the  Code  Authority,  determined  as  hereinabove  provided, 
shall  be  a  violation  of  this  Code,  subject,  however,  to  rules  and  regu- 
lations issued  by  the  Administrator  which  pertain  thereto. 

Section  8.  The  Code  Authority  shall  neither  incur  nor  pay  any 
obligations  substantially  in  excess  of  the  amount  thereof  as  esti- 
mated in  its  approved  budget ;  and  shall  in  no  event  exceed  the  total 
amount  contained  in  the  approved  budget,  except  upon  approval  of 
the  Administrator;  and  no  subsequent  budget  shall  contain  any  de- 
ficiency items  for  expenditures  in  excess  of  prior  budget  estimates 
except  those  which  the  Administrator  shall  have  so  approved. 

Approved  Code  No.  194 — Ameudiuent  No.  1. 
Registry  No.  210-01. 

(2G0) 


[^,  Approved  Code  No.  414 — Amendment  No.  1 

AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

BOBBIN  AND  SPOOL  INDUSTRY 

As  Approved  on  August  2,  1934 


OKDER 


Modification  or  Code  of  Fair  Competition  for  the  Bobbin  and 

Spool  Industry 

An  application  havinfr  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Eecovery  Act,  approved  June  IG.  1933,  for  approval  of  a  modifica- 
tion of  the  Code  of  Fair  Competition  for  the  Bobbin  and  Spool 
Industry,  and  as  contained  in  a  Published  Notice  of  Opportunity  to 
File  Objections,  Administrative  Order  No.  414-4  dated  July  7,  1934, 
aAd  no  objections  having  been  filed  as  provided  in  said  Published 
Notice,  and  the  annexed  report  on  said  modification,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 
President, 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  65'43-A,  dated  December  30,  1933, 
and  otherwise,  do  hereby  incorporate,  by  reference,  said  annexed 
report  and  do  find  that  said  modification  and  the  Code  as  consti- 
tuted after  being  modified  comply  in  all  respects  with  the  pertinent 
provisions  and  will  promote  the  policy  and  purposes  of  said  Title 
of  said  Act,  and  do  hereby  order  that  said  modification  be  and  it  is 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  modified,  such  approval  and  such  modification  to  take  effect  ten 
(10)  days  from  the  elate  hereof,  unless  good  cause  to  the  contrary  is 
shown  to  the  Administrator  before  that  time  and  the  Administrator 
issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Administrator  for  Jyidustrial  Recover  p. 

Approval  recommended :  : 

Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  2.  193k. 

(2«3  ) 


REPORT  TO  THE  PRESIDENT 

The  Presidext, 

The  White  House. 

Sir  :  An  application  has  been  duly  made  pursuant  to  and  in  full 
conij^liance  with  the  provisions  of  the  National  Industrial  Recovery 
Act  for  modification  of  the  Code  of  Fair  Competition  for  the  Bobbin 
and  Spool  Industry,  submitted  by  the  Code  Authority  for  the  said 
Industry. 

The  existing  provision  of  Article  VI,  Section  9.  of  the  Code  for 
said  Industrv  is  entirelv  inadequate  in  view  of  Executive  Order  No. 
6678,  dated  April  14,  1934,  and  Administrative  Order  X-36,  dated 
May  26.  1934.  and  it  is  therefore  evident  tliat  the  proposed  modifica- 
tion of  Article  VI,  Section  9,  of  said  Code,  the  provisions  of  which 
are  in  accordance  with  the  text  of  the  above  mentioned  'Orders,  will 
enable  the  Industry  to  secure  the  desired  result. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modi- 
fication of  said  Code  havinjr  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  tliis  matter. 

I  find  that : 

(a)  Tlie  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act,  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  among  trade  groups,  by  inducing  and  maintaining 
united  action  of  labor  and  management  under  adequate  governmental 
sanction  and  su[)ervision,  by  eliminating  unfair  competitive  practices, 
by  promoting  the  fullest  possible  utilization  of  the  present  productive 
capacity  of  the  industries,  by  avoiding  undue  restrictions  of  produc- 
tion (except  as  may  be  temi)orarily  required),  by  increasing  the  con- 
sumption of  industrial  and  agricultural  products  tiirough  increasing 
})urchasing  power,  by  reducing  and  relieving  unemployment,  by  im- 
})roving  standards  of  labor,  and  by  otherwise  rehabilitating  industr3\ 

(b)  The  CVxle  as  modified  complies  in  all  respects  with  the  perti- 
nent jirovisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  T,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(262) 


263 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
jnodification. 

For  these  reasons,  therefore,  I  have  approved  this  modification. 
EespectfuUy, 

Hugh  S.  Johnson, 

Administrator, 
August  2,  1934. 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  BOBBIN  AND  SPOOL  INDUSTRY 

Purpose 

Pursuant  to  Article  VI.  Section  11  (e)  of  the  Code  of  Fair 
Competition  for  the  Bobbin  and  Spool  Industry  duly  approved  by 
the  President  on  May  3,  1984.  and  further  to  effectuate  the  policies 
of  Title  I  of  the  National  Industrial  Recovery  Act.  the  following 
modification  is  established  as  a  part  of  said  Code  of  Fair  Competi- 
tion and  shall  be  binding  upon  every  member  of  the  Bobbin  and 
Spool  Industry. 

^Modification 

Delete  entire  Section  d  of  Article  VI,  and  insert  in  lieu  thereof 
the  following  new  Section  9. 

""Section  9.  (a).  It  being  found  necessary  in  order  to  support 
the  administration  of  this  Code  and  to  maintain  the  standards  of 
fair  competition  established  hereunder  and  to  effectuate  the  policy 
of  tlie  Act.  tlu'  Code  Authority  is  authorized : 

••  (1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

"(S)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  o})portunity  to  be  heard  as  he  may  deem  necessary 
(a)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (b)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry ; 

"(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contributions  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

"•(b)  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
'^■ontril)Ution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  ])rovided.  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  Industry  complying  with  the  Code  and  contributing 
to  the  expenses  of  its  administration,  as  hereinabove  provided,  unless 
duly  exempted  from  making  such  contributions,  shall  be  entitled  to 
participate  in  the  selection  of  members  of  the  Code  Authority  or 
to  receive  the  benefits  of  any  of  its  voluntary  activities  or  to  make 
use  of  any  emblem  or  insignia  of  the  National  Recovery  Adminis- 
tration. 

(264) 


265 

"(c)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tions substantially  in  excess  of  the  amount  thereof  as  estimated  in 
its  approved  budget,  and  shall  in  no  event  exceed  the  total  amount 
contained  in  the  budget,  except  upon  approval  of  the  Administrator; 
and  no  subsequent  budget  shall  contain  any  deficiency  item  for  ex- 
penditures in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  shall  have  so  approved." 

Approved  Code  No.  414 — Amendment  No.  1. 
Registry  No.  1333-1-06. 


80835—34- 


Approved  Code  No.  1 — Amendment  No.  9 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

COTTON  TEXTILE  INDUSTRY 

As  Approved  on  August  2,  1934 


ORDER 


Approving  Modification  of  Code  of  Fair  Competition  for  the 
Cotton  Textile  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Cotton  Textile  Industry, 
and  opportunity  to  be  heard  thereon  having  been  duly  afforded  to  all 
interested  parties  and  the  annexed  report  on  said  amendment,  con- 
taining findings  v^^ith  respect  thereto,  having  been  made  and  directed 
to  til©  PrGsiQGnt  * 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  the  purposes  of 
said  Title  of  said  Act.  and  do  hereby  order  that  said  amendment  be 
and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended. 

Hugh  S.  Johnson, 
AdTninistrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  2,  193 If. 

(267) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  I  have  the  honor  to  submit  herewith  an  amendment  to  the 
Code  of  Fair  Competition  for  the  Cotton  Textile  Indiistiy.  The 
amendment,  which  is  attached,  was  presented  by  the  Code  Authority. 

Xotice  of  opportunity  to  be  heard  on  this  amendment  was  given 
and  no  objections  were  received. 

The  amendment  provides  that  that  portion  of  sub-division  4  of 
the  second  paragraph  of  Section  1,  defining  piece  dyeing  machines 
as  "  productive  machinery  "*  shall  be  stricken  out  and  that  "  piece 
dyeing  machines  where  the  same  are  used  in  production  of  unprinted 
fabrics  "  shall  be  inserted,  because  of  the  fact  that  in  cases  where 
a  fabric  after  being  dyed  in  the  piece  is  to  be  printed,  the  piece 
dyeing  machine  no  longer  remains  the  productive  machinery. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendment  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for 
the  general  welfare  by  promoting  the  organization  of  industry  for 
the  purpose  of  cooperative  action  among  trade  groups,  by  inducing 
and  maintaining  united  action  of  labor  and  management  under 
adequate  governmental  sanction  and  supervision,  by  elinunating 
unfair  competitive  practices,  by  promoting  the  fullest  possible  utili- 
zation of  the  present  productive  capacit}'  of  industries,  by  avoiding 
undue  restriction  of  production  (except  as  may  be  temporarily  re- 
quired), by  increasing  the  consumption  of  industrial  and  agricul- 
tural products  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
by  otherwise  rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  Said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7  and 
Su})section  (b)  of  Section  10  thereof. 

(c)  The  Code  Authority  is  empowered  to  present  the  aforesaid 
amendment  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  amendment  and  the  Code  a.s  amended  are  not  designed 
to  and   will  not  permit  monopolies  or  monopolistic  practices. 

(268) 


269 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  the  above  reasons  this  amendment  has  been  approved  by  me. 

Hugh  S.  Johnson, 

A  dminis  trator. 
August  2,  1934. 


AMENDMENT   TO    CODE    OF    FAIR    COMPETITION   FOR 
THE  COTTON  TEXTILE  INDUSTRY 

That  subdivision  (4)  of  the  second  paragraph  of  Section  I  of 
the  Code  reading  as  follows : 

"(4)  Piece  dyeing  machines"  shall  be  stricken  out  and  that  the 
following  be  substituted  in  lieu  thereof : 

"(4)  Piece  dyeing  machines  where  the  same  are  used  in  the  pro- 
duction of  unprint^d  fabrics; ". 

Approved  Code  No.  1 — Amendment  No.  9. 
Registry  No.  299-25. 

(270) 


Approved  Code  No.  9 — Amendment  No.  19 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

As  Approved  on  August  2,  1934 


ORDER 


AppRO^^NG  Amendment  of  Code  of  Fair  Competition  for  the 
Lumber  and  Timber  Products  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act.  approved  June  16,  1933,  for  approval  of  an  Amend- 
ment to  a  Code  of  Fair  Competition  for  the  Lumber  and  Timber 
Products  Industries,  and  hearings  having  been  duly  held  thereon 
and  the  annexed  report  on  said  Amendment,  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States.  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  Amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  Amendment 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in 
its  entirety  as  amended. 

Hugh  S.  Johnson, 
Administrator  foi^  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  2, 1931^. 

(271) 


REPOKT  TO  THE  PRESIDENT 

The  President, 

The  'White  House. 

Sir  :  On  Aiig'iist  19.  1933.  yon  approved  the  Code  of  Fair  Compe- 
tition for  the  Lumber  and  Timber  Products  Industries. 

This  is  a  report  on  Amendment  No.  72  to  that  Code,  Public  Hear- 
ing on  which  was  conducted  in  Washington.  D.C..  on  June  22,  1934. 
This  Amendment  will  (a)  clarify  the  nature  of  the  products  under 
the  Pacific  Veneer  Package  Subdivision  of  the  Code,  (b)  eliminate 
the  overlapping  of  jurisdiction  in  certain  of  the  subdivisions  under 
the  Wooden  Package  Division;  and  (c)  include  certain  items,  par- 
ticularly wooden  veneer  baskets,  which  logically  belong  under  this 
subdivision  but  which  are  not  included  in  the  list  of  products  as  at 
present  written. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  amend- 
ment to  said  Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  ])urposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of  cooperative  action  among  trade  grou])S.  by  inducing  and  main- 
taining united  action  of  labor  and  management  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tions of  production  (exce})t  as  nuiy  be  temporarily  required),  by 
increasing  the  consumption  of  industrial  and  agricultural  products 
through  increasing  i)urchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation Subsection  (a)  of  Section  3.  Subsection  (a),  of  Section  7, 
and  Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Autliority  to  present  the  afore- 
said amendment  on  behalf  of  the  industry  as  a  whole. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendment  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(272) 


273 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment  to 
the  Code. 

Respectfully, 

Hugh  S.  Johnson, 

A  dministrator, 
August  2,  1934. 


AMENDMENT   TO   CODE    OF    FAIR    COMPETITION    FOR 
THE  LUMBER  AND  TIMBER  PRODUCTS  INDUSTRY 

Amendment  No.  72 

In  Schedule  A  28,  Pacific  Veneer  Package  Subdivision,  strike  out 
the  paragraph  headed  Subdivision  (Art.  He)  and  Products  (Art. 
II  a)  and  substitute  therefor  the  following: 

Subdivision  (Art.  II  c)  and  Products  (Art.  Ha):  The  Pacific 
Veneer  Package  Subdivision  of  the  Wooden  Package  Division  con- 
sists of  manufacturers  of  baskets  and  hampers  made  entirely  of 
"Nvood  veneer,  or  wood  veneer  in  combination  with  other  materials, 
or  wood  in  combination  with  other  materials,  and  wooden  veneer 
boxes,  shooks,  crates,  trays  and  the  component  parts  thereof,  includ- 
ing veneer  hoops,  basket  and  hamper  bottoms  in  the  States  of  Idaho, 
Washington  Oregon,  California,  Arizona,  Nevada,  Utah  and  that 
part  of  the  otates  of  Montana,  Wyoming,  Colorado  and  New  Mexico 
west  of  the  108th  degree  west  longitude. 

Approved  Code  No.  9 — Amendment  No.  19. 
Registry  No.  313-1-06. 

(274) 


Approved  Code  No.  154 — Ariiendment  No.  1 

AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

METAL  TANK  INDUSTRY 

As  Approved  on  August  2,  1934 


ORDER 


Approving  Amendments  to  the  Code  of  Fair  Competition  for  the 
Metal  Tank  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  amendments 
to  the  Code  of  Fair  Competition  for  the  Metal  Tank  Industry,  and 
hearings  having  been  duly  held  thereon  and  the  annexed  report  on 
said  amendments,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  6543-A,  dated  December  30,  1933, 
and  otherwise,  do  hereby  incorporate  by  reference,  said  annexed 
report  and  do  find  that  said  amendments  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of 
said  Act,  and  do  hereby  order  that  said  amendments  be  and  they  are 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended,  such  approval  and  such  amendments  to  take  effect 
fifteen  days  from  the  date  hereof,  unless  good  cause  to  the  contrary 
is  shown  to  the  Administrator  before  that  time  and  the  Administra- 
tor issues  a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Adniimstrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Adinhustrator. 

Washington,  D.C, 

August  2^  193 Jf. 

(275) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Amendments  to  the  Code  of  Fair 
Competition  for  the  Metal  Tank  Industry,  as  revised  after  a  Piibhc 
Hearin<r  conducted  in  Washington  on  ]\Iay  ii9.  1934,  in  accordance 
witli  Article  IX.  Section  (<r)  of  said  Code  as  approved  on  December 
15.  1933.  Due  opportunity  to  be  heard  was  afforded  all  interested 
parties. 

The  Amendments  provide  for  mandatory  assessments  against 
members  of  the  Industry  for  the  expense  of  Code  Administration; 
revisions  of  and  additions  to  the  trade  practice  provisions  to  meet  the 
needs  of  the  Industry, 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
Amendments  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  Amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
Xational  Industrial  Recovery  Act,  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  Industry  for  the  purpose  of 
cooperative  action  among  trade  groups,  by  inducing  and  maintaining 
united  action  of  labor  and  management  under  adequate  governmental 
sanction  and  supervision,  by  eliminating  unfair  competitive  prac- 
tices, by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  indu.^trial  and  agricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabilitat- 
ing industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act.  including  without  limita- 
tion Subsection  (a)  of  Section  3.  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said Amendments  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  Avill  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  Amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(276) 


277 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Amendments. 

For  these  reasons,  these  Amendments  have  been  approved  by  me. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  2.  1934. 


AMENDMENT    TO    CODE    OF   FAIR   COMPETITION   FOR 
THE  :\IETAL  TANK  INDUSTRY 

Purpose 

Pursuant  to  Article  IX,  Section  (g)  of  the  Code  of  Fair  Competi- 
tion for  the  Metal  Tank  Industry,  duly  approved  by  the  President 
on  December  15,  1933.  and  further  to  effectuate  the  policies  of  Title 
I  of  the  National  Industrial  Recovery  Act,  the  following  amend- 
ments are  established  as  a  part  of  said  Code  of  Fair  Competition  and 
shall  be  binding  upon  every  member  of  the  Metal  Tank  Industry. 

Article  YI — Administration 

The  second  sentence  of  Subsection  (c)  of  Section  1  is  hereby 
amended  by  deleting  the  words  *"'  creating  and  '•  to  read  as  follows : 

Any  member  of  the  Industrj^  may  participate  in  the  preparation 
and  any  revision  of  and  additions  or  supplements  to  this  Code  by 
assuming  his  share  of  the  responsibility  of  administering  it  and 
paying  his  proper  prorata  share  of  the  cost  of  administering  it.  either 
by  becoming  a  member  of  the  Association  or  by  paying  his  proper 
share  of  the  costs  to  the  Code  Authority. 

There  is  hereby  added  at  the  end  of  Section  2  a  new  sub-section 
lettered  (i)  to  read  as  follows: 

(i)  Nothing  contained  in  this  Code  shall  constitute  the  members 
of  the  Code  Authorit}^  partners  for  any  purpose.  Nor  shall  any  mem- 
ber of  the  Code  Authority  be  liable  in  any  manner  to  anj'  one  for  any 
act  of  any  other  member,  officer,  agent  or  employee  of  the  Code 
Authority.  Nor  shall  any  member  of  the  Code  Authority  exercising 
reasonable  diligence  in  the  conduct  of  his  duties  hereunder  be  liable 
to  any  one  for  any  action  or  omission  to  act  under  the  Code,  except 
for  his  own  wilful  malfeasance  or  nonfeasance. 

There  are  hereby  added  at  the  end  of  Section  2  new  sections 
numbered  Section  3,  Section  4.  and  Section  5  to  read  as  follows : 

Section  3.  It  being  found  necessary  in  order  to  support  the  admin- 
istration of  this  Code  and  to  maintain  the  standards  of  fair  compe- 
tition established  hereunder  and  to  effectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
projier  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  Ije  raised  as  hereinafter  provided  and  which 
sliall  be  held  in  trust  for  the  purposes  of  the  Code; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opi)ortunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
jMirposes.  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry; 

(278) 


279 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  Industry,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

Section  4.  Each  member  of  the  Industry  sliall  pay  his  or  its  equi- 
table contribution  to  the  expenses  of  the  maintenance  of  the  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industrj^  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration  as  hereinabove  pro- 
vided, unless  duly  exempted  from  making  such  contribution,  shall  be 
entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

Section  5.  The  Code  Authority  shall  neither  incur  nor  pay  any 
obligation  substantially  in  excess  of  the  amount  thereof  as  estimated 
in  its  approved  budget ;  and  shall  in  no  event  exceed  the  total  amount 
contained  in  the  approved  budget  except  upon  approval  of  the  Ad- 
ministrator: and  no  subsequent  budget  shall  contain  any  deficiency 
item  for  expenditures  in  excess  of  prior  budget  estimates  except  those 
Avhich  the  Administrator  shall  have  so  approved. 

Article  YII — Trade  Practices 

Section  1.  sub-section  (d)  is  hereby  deleted,  and  there  is  added  a 
new  sub-section  lettered  (d)  to  read  as  follows: 

(d)  Secretly  offering  or  making  any  payment  or  allowance  of  a 
rebate,  refund,  commission,  credit,  unearned  discount  or  excess  allow- 
ance, whether  in  the  form  of  money  or  otherwise,  or  secretly  offering 
or  extending  to  any  customer  am^  special  service  or  privilege  not  ex- 
tended to  all  customers  of  the  same  class,  for  the  purpose  of 
influencing  a  sale. 

Section  1,  sub-section  (s)  is  herebj^  amended  to  read  as  follows: 

(s)  Changing  quotations,  except  (1)  to  make  them  conform  to 
revisions  in  price  lists:  (2)  to  adjust  such  quotations  to  changes  in 
specifications:  (3)  to  correct  bona  fide  errors. 

There  is  hereby  added  at  the  end  of  Section  1,  sub-section  (v)  a 
ncAv  sub-section  lettered  (w)  to  read  as  follows: 

(w)  Giving,  permitting  to  be  given,  or  offering  to  give,  anything 
of  value  for  the  purpose  of  influencing  or  rewarding  the  action  of 
any  employee,  agent,  or  representative  of  another  in  relation  to  the 
business  of  the  employer  of  such  employee,  the  principal  of  such 
agent  or  the  represented  party,  without  the  Itnowledge  of  such  em- 
ployer, principal  or  party.  This  provision  shall  not  be  construed 
to  prohibit  free  and  general  distribution  of  articles  commonly  used 
for  advertising  except  so  far  as  such  articles  are  actually  used  for 
commercial  bribery  as  hereinabove  defined. 

Section  2  is  hereby  amended  to  read  as  follows : 

Section  2,  Any  deviation  from  the  provisions  of  this  Code,  or  any 
amendments  thereto,  by  any  member  of  the  Industry,  either  directly 


280 

or  indirectly,  shall  be  considered  an  unfair  method  of  competition 
and  a  violation  of  this  Code  by  such  member. 

Article  XI 

There  is  hereby  added  at  the  end  of  Article  X  a  new  article  num- 
bered Article  XI  to  read  as  follows : 

Article  XI — Effecti\t:  Date  of  Amendments 

The  foregoing  amendments  shall  become  effective  on  the  date  of 
approval  by  the  Administrator. 

Approved  Code  No.  154 — Amendment  No.  1. 
Registry  No.  1136-01. 


Approved  Code  No.  182 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

RETAIL  FOOD  AND  GROCERY  TRADE 

As  Approved  on  August  2,  1934 


OEDER 


Approving  Modification   of  Code  of  Fair   Competition   for  the 
Eetail  Food  and  Grocery  Trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modifica- 
tion to  a  Code  of  Fair  Competition  for  the  Retail  Food  and  Grocery 
Trade,  and  hearings  having  been  duly  held  thereon  and  the  annexed 
report  on  said  modification,  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act.  and  do  hereby  order  that  said  modification  be 
and  it  is  hereby  approved  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  modified. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Armin  W.  Rilet, 

Divisw/i  Administrator. 

Washington,  D.C, 

August  2,  19 3 If. 

(281) 


80835—34— — 13 


REPORT  TO  THE  PRESIDENT 

The  President. 

Thi  W/i/fe  House. 

Sir:  This  is  a  report  on  a  modification  of  subsection  (f),  Section 
1.  of  Article  X  of  the  ai)proved  Code  of  Fair  Competition  for  the 
Retail  Food  and  Grocery  Trade,  number  182.  This  Code  was  ap- 
proved by  you  on  December  30,  1933. 

Pursuant  to  Executive  Order  No.  G678.  dated  April  14.  1934,  the 
Code  Authority  for  the  Retail  Food  and  Grocery  Trade,  in  accord- 
ance with  subsection  (d).  Section  1,  of  Article  X  of  said  Code,  hav- 
ing found  it  necessary  in  order  to  support  the  administration  of  this 
Code  and  to  maintain  standards  of  fair  competition,  established  by 
this  Code,  and  to  effectuate  the  policies  of  the  Act.  has  made  applica- 
tion for  a  modification  of  said  Code  in  order  to  i)rovi(le  for  a  method 
of  assessment  and  to  support  the  expense  of  the  administration  of 
this  Code. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modi- 
fication to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  the  industry  for  the  purpose 
of  cooperative  action  of  labor  and  man^agement  under  adequate  gov- 
ernmental sanction  and  supervision,  by  eliminating  unfair  competi- 
tive practices,  by  promoting  the  fullest  possible  utilization  of  the 
present  productive  capacity  of  industries,  by  avoiding  undue  restric- 
tion of  production  (except  as  may  be  temporarily  required),  by  in- 
creasing the  consumption  of  industrial  and  agricultural  products 
through  increasing  purchasing  power,  by  reducing  and  relieving  un- 
employment, by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  per- 
tinent provision  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7  and 
subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said mmlification  on  behalf  of  the  industry  as  a  whole. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(282) 


283 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modifications. 

In  accordance  with  Executive  Order  No.  6678,  dated  April  14, 
1934,  the  modification  of  this  Code  has  been  approved  by  me. 
Kespectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  2,  1934. 


AMEXDMEXT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  RETAIL  FOOD  AND  GROCERY  TRADE 

Delete  subsection  (f),  Section  1,  of  Article  X,  and  insert  in  lieu 
thereof  the  following: 
(f)  Expenses: 

1.  It  being  found  necessary  in  order  to  support  the  administration 
of  this  code  and  to  maintain  the  standards  of  fair  competition  estab- 
lished hereunder  and  to  effectuate  the  policy  of  the  National  Indus- 
irial  Recovery  Act,  the  National  Food  and  Grocery  Distributors' 
Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the  trade ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  trade,  and  to  that 
end.  if  necessary,  to  institute  legal  proceedings  therefor  in  its  own 
name. 

2.  Each  member  of  the  trade  shall  pay  his  or  its  equitable  contri- 
bution to  the  expenses  of  the  maintenance  of  the  National  Food  and 
Grocery  Distributors'  Code  Authority,  determined  as  hereinabove 
provided,  and  subject  to  rules  and  regulations  pertaining  thereto 
issued  by  the  Administrator.  Only  members  of  the  trade  complying 
with  the  Code  and  contributing  to  the  expenses  of  its  administration 
as  hereinabove  provided,  shall  be  entitled  to  participate  in  the  selec- 
tion of  members  of  the  Food  and  Grocery  Distributors'  Code  A.u- 
thorities  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  ]jay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator ;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

Approvefl  Ccnle  No.  182 — Amendment  No.  2. 
Eegistry  No.  123-01. 

(284) 


Approved  Code  No.  184 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

SHOE  AND  LEATHER  FINISH,  POLISH  AND 
CEMENT  MANUFACTURING  INDUSTRY 

As  Approved  on  August  2,  1934 


ORDER 


Approving  Amendments  of  Code  of  Fair  Competition  for  the 
Shoe  and  Leather  Finish,  Polish  and  Cement  Manufacturing 
Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Competition  for  the  Shoe  and  Leather 
Finish,  Polish  and  Cement  Manufacturing  Industry,  and  hearings 
having  been  duly  held  thereon  and  the  annexed  report  on  said 
amendments,  containing  findings  with  respect  thereto,  having  been 
made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  amendment  and  the  Code  as 
constituted  after  being  amended  comply  in  all  respects  with  the  per- 
tinent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  amendments  be  and 
they  are  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  amended,  provided,  however,  that  the  following  changes 
be  and  they  are  hereby  made : 

1.  Subsection  (I)  of  Section  1  of  Article  VII  be  deleted. 

2.  That  the  following  be  inserted  as  Article  VII,  Section  1,  Sub- 
section (J)  3 : 

3.  (a)  Wilfully  destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  member  of  the  Industry  or  of 
any  other  Industry  or  the  customers  of  either  may  at  any  time  com- 
plain to  the  Code  Authority  that  any  quoted  price  constitutes  unfair 
competition  as  destructive  price-cutting,  imperiling  small  enterprises 

(285) 


286 

or  tending  toward  monopoly  or  the  impairment  of  code  wages  and 
working  conditions.  The  Code  Authority  shall  within  five  days 
afford  an  opportunity  to  the  member  using  the  price  to  answer  such 
complaint  and  shall  within  fourteen  days  make  a  ruling  or  adjust- 
ment thereon.  If  such  ruling  is  not  concurred  in  by  either  party 
to  the  complaint,  all  papers  shall  be  referred  to  the  Research  and 
Planning  Division  of  N.R.A.  which  shall  render  a  report  and  recom- 
mendation thereon  to  the  Administrator. 

(b)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  policies. 

(c)  "Wlien  an  emergency  exists  as  to  any  given  product,  sale 
below  the  stated  minimum  price  of  such  product,  in  violation  of 
Section  2  hereof,  is  forbidden. 

This  order  shall  become  effective  ten  days  after  the  date  hereof 
unless  within  that  time  good  cause  to  the  contrary  shall  be  shown 
to  the  Administrator  and  he  shall  issue  a  subsequent  order  to  that 
effect. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  AdTThinistrator.  ■     ■  '■' 

Washington,  D.C. 

Aug%ist  i?,  193^.  _: 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Rouse. 

Sir  :  A  Code  of  Fair  Competition  for  the  Shoe  and  Leather  Finish, 
Polish  and  Cement  Manufacturing  Industry  was  approved  by  you 
on  December  30,  1933,  and  became  effective  on  January  8,  1934. 

Since  that  time,  it  has  been  deemed  advisable  to  bring  within  the 
scope  of  the  above  Code  a  group  which  is  closely  allied  to  the  Shoe 
and  Leather  Finish,  Polish  and  Cement  Manufacturing  Industry. 
This  group  is  the  Fabric  Cleaner  Industry. 

The  Code  Authority  for  the  Shoe  and  Leather  Finish,  Polish  and 
Cement  Manufacturing  Industry  and  a  group  representing  approxi- 
mately seventy -five  (75%)  per  cent  of  the  Fabric  Cleaner  manu- 
facturers, submitted  an  application  to  include  the  above  mentioned 
group  under  the  approved  Code.  A  Public  Hearing  on  the  proposed 
amendments  was  conducted  in  Washington,  May  22nd,  1934,  in  ac- 
cordance w^th  the  provisions  of  the  National  Industrial  Recovery 
Act. 

By  amending  the  definition  of  the  Industry  and  the  definition  of 
the  Shoe  Polish  Division,  under  which  Division  the  Fabric  Cleaner 
manufacturers  will  be  classified,  the  group  has  been  included  under 
the  provisions  of  the  Shoe  and  Leather  Finish,  Polish  and  Cement 
Manufacturing  Industry's  Code.  The  Code  Authority  has  been  en- 
larged to  fourteen  (14)  members  in  order  that  it  may  be  truly  repre- 
sentative of  the  Industry.  The  Code  has  also  been  amended  to  allow 
the  Code  Authority  to  assess  members  of  the  Industry  in  order  that 
the  Code  may  be  properly  administered.  There  has  also  been  added 
a  provision  for  the  formulation  of  methods  of  cost  finding  and  ac- 
counting, which  provision  applies  only  to  the  Shoe  and  Leather 
Finish  and  Cement  Division. 

THE   INDUSTRY 

The  Fabric  Cleaner  Industry  includes  the  manufacture  of  liquids 
for  cleaning  wearing  apparel  sold  under  a  trade  name,  and  not  sold 
as  a  basic  commodity.  There  are  about  550  establishments  listed  as 
manufacturers  to  some  extent  of  fabric  cleaners.  Most  of  these  firms 
are  small  or  operate  part-time  under  this  classification.  The  larger 
shoe  polish  manufacturers  generally  make  fabric  cleaners  as  do  some 
oil  companies  and  chemical  special  manufacturers. 

The  aggregate  number  of  employees  in  1929  is  estimated  at  about 
1,000.  Annual  business  is  estimated  at  about  $2,500,000  in  recent 
years. 

The  restrictions  of  the  definition,  together  with  the  general  lack  of 
organization  in  the  Industry  make  it  impossible  to  obtain  accurate 
statistical  data  regarding  it. 

(287) 


288 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
amendments  to  said  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  The  amendments  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  Industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  super\nsion,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through  in- 
creasing purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabili- 
tating Industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7,  and 
subsection  (b)  of  Section  10  thereof. 

(c)  The  Fabric  Cleaner  Group  of  Manufacturers  was  and  is  an 
industrial  group,  which,  together  with  the  Code  Authority  are 
truly  representative  of  the  aforesaid  Industry  and  that  said  group 
and  said  Code  Authority  imposed  and  imposes  no  inequitable  re- 
strictions on  admission  to  membership  therein  and  has  applied  for 
these  amendments. 

(d)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  amendments  and  the  Code  as  amended  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendments. 

For  these  reasons,  therefore,  the  amendments  have  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
August  2,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOE  THE 
SHOE  AND  LEATHER  FINISH,  POLISH  AND  CEMENT 
MANUFACTURING  INDUSTRY 

Article  II,  Section  1  shall  be  amended  to  read  as  follows: 

"  The  term  '  Shoe  and  Leather  Finish,  Polish  and  Cement  Manu- 
facturing Industry  '  as  used  herein  includes  the  manufacturing  for 
shoes  and  leathers  of:  Blackings,  dressings,  liquid  rubber  cements 
(meaning  adhesives),  pastes,  pyroxylin  cements,  rubber  (synthetic 
or  natural,  either  dispersed  or  dissolved),  polishes,  dyes,  and  clean- 
ers, stitching  waxes,  burnishing  waxes,  finishes,  binders,  topcoats, 
reenforcing  materials  for  innersoles,  and  other  similar  chemical  prod- 
ucts for  use  on  shoes  or  leather,  or  liquids  for  cleaning  wearing  ap- 
parel sold  under  a  trade  name,  and  not  sold  as  a  basic  commodity, 
together  with  such  allied  or  related  products  as  may  from  time  to 
time,  upon  the  approval  of  the  President,  be  included  under  the 
provisions  of  this  Code." 

Article  II,  Section  2.  The  following  sentence  shall  be  added 
thereto : 

"  This  division  shall  include  the  manufacturers  of  liquids  for 
cleaning  wearing  apparel  sold  under  a  trade  name,  and  not  sold  as 
a  basic  commodity." 

Article  VI,  Section  2,  shall  be  amended  to  read  as  follows : 

"  Section  2.  Organization  and  Constitution  of  Code  Authority 
Board. — The  Code  Authority  Board  shall  be  composed  of  members  of 
the  Industry  and  shall  consist  of  fourteen  (14)  members  to  be  se- 
lected as  follows:  Eight  (8)  members  of  the  Code  Authority  Board 
shall  be  appointed  by  the  Administrator  from  members  of  the  Shoe 
Polish  Division,  of  whom  six  (6)  are  to  be  appointed  from  members 
who  are  primarily  manufacturers  of  Shoe  Polish  and  of  whom  two 
(2)  are  to  be  appointed  from  members  who  are  primarily  Cleaning 
Fluid  Manufacturers,  and  six  (6)  members  from  the  Shoe  and 
Leather  Finish  and  Cement  Division  to  be  selected  as  follows :  The 
Executive  Committee  of  the  Association  of  Manufacturers  of  Shoe 
and  Leather  Finishes  and  Cements  shall  submit  the  names  of  twelve 
(12)  nominees,  of  whom  six  shall  be  elected  by  the  majority  vote  of 
the  members  of  the  Industry  as  a  whole.  Five  of  the  six  elected 
by  this  method  shall  be  members  of  the  Association." 

Article  VI,  Section  7,  shall  be  deleted  and  the  following  sub- 
stituted therefor : 

"  7.  1.  It  being  found  necessary  in  order  to  support  the  adminis- 
tration of  this  Code  and  to  maintain  the  standards  of  fair  compe- 
tition established  hereunder  and  to  effectuate  the  policy  of  the  Act, 
the  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(289) 


290 

(b)  To  submit  to  the  Administrator  for  his  approval  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary: 

(1)  An  itemized  budget  of  its  estimated  expenses  for  the  fore- 
going purposes,  and 

(2)  An  equitable  basis  upon  which  the  funds  necessary  to  support 
such  budget  shall  be  contributed  by  members  of  the  Industry. 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

2.  Each  member  of  the  Industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  Industry  complying  with  the  Code  and  contributing 
to  tlie  expenses  of  its  administration  as  hereinabove  provided,  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  Administrator ;  and  no  subsequent  bud- 
get shall  contain  any  deficiency  item  for  expenditures  in  excess  of 
prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved." 

Article  VI,  Subsections  F  and  G  of  Section  9  shall  be  deleted. 

There  shall  be  a  new  section  added  to  Section  1,  Article  VII,  which 
shall  be  hereinafter  known  as  Section  J : 

"  Section  J.  1.  The  Code  Authority  shall  cause  to  be  formulated 
methods  of  cost  finding  and  accounting  capable  of  use  by  all  mem- 
bers of  the  Industr}^,  and  shall  submit  such  methods  to  the  Admin- 
istrator for  review.  If  approved  by  the  Administrator,  full  infor- 
mation concerning  such  methods  shall  be  made  available  to  all  mem- 
bers of  the  Industry.  Thereafter,  each  member  of  the  Industry  shall 
utilize  such  methods  to  the  extent  fomid  practicable.  Nothing  here- 
in contained  shall  be  construed  to  permit  the  Code  Authority,  any 
agent  thereof,  or  any  member  of  the  Industry  to  suggest  uniform 
additions,  percentages,  or  differentials  or  other  uniform  items  of 
cost  which  are  designed  to  bring  about  arbitrary  uniformity  of  costs 
or  prices. 

2.  (a)  If  the  Administrator,  after  investigation,  shall  at  any  time 
find  both  (1)  that  an  emergency  has  arisen  within  the  Industry 
adversely  affecting  small  enterprises  or  wages  or  labor  conditions, 
or  tending  toward  monopoly  or  other  acute  conditions  which  tend 
to  defeat  the  purposes  of  the  Act;  and  (2)  that  the  determination 
of  the  stated  minimum  price  for  a  specified  products  within  the 
Industry  for  a  limited  period  is  necessary  to  mitigate  the  conditions 
constituting  such  emergency  and  to  effectuate  the  purposes  of  the 
Act,  the  Oode  Authority  may  cause  an  impartial  agency  to  investi- 
gate costs  and  to  recommend  to  the  Administrator  a  determination  of 
the  stated  minimum  price  of  the  product  affected  by  the  emergency 


291 

and  thereupon  the  Administrator  may  proceed  to  determine  such 
stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  National  Indus- 
trial Recovery  Act,  he  shall  publish  such  price.  Thereafter,  during 
such  stated  period,  no  member  of  the  Industry  shall  sell  such  speci- 
fied products  at  a  net  realized  price  below  said  stated  minimum  price 
and  any  such  sale  shall  be  deemed  destructive  price  cutting.  From 
time  to  time,  the  Code  Authority  may  recommend  review  or  recon- 
sideration or  the  Administrator  may  cause  any  determinations  here- 
under to  be  reviewed  or  reconsidered  and  appropriate  action  taken. 

Approved  Code  No.  184 — Amendment  No.  1. 
Registry  No.  621-0'5. 


Approved  Code  No.  196 — Amendment  No.  2 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

WHOLESALE  FOOD  AND  GROCERY  TRADE 

As  Approved  on  August  2,  1934 


ORDEE 


Approving  Modification  of  Code  of  Fair  Competition  for  the 
Wholesale  Food  and  Grocery  Trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modi- 
fication to  a  Code  of  Fair  Competition  for  the  Wholesale  Food  and 
Grocery  Trade,  and  hearings  having  been  duly  held  thereon  and  the 
annexed  report  on  said  modification,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Reeoverj, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said  an- 
nexed report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the  perti- 
nent provisions  and  will  promote  the  policy  and  purposes  of  said 
Title  of  said  Act,  and  do  hereby  order  that  said  modification  be  and 
it  is  hereby  approved  and  that  the  previous  approval  of  said  Code 
is  hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  modified. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery, 

Approval  recommended: 
Armin  W.  Riley, 

Division  Ad/niinistrator. 

Washington,  D.C, 

August  2, 193^. 

(293) 


REPORT  TO  THE  PRESIDENT  ^ 

The  President, 

The  White  House. 

Sir:  Thi>;  is  a  report  on  a  modification  of  subsection  (f).  Section  1, 
of  Article  VIII  of  the  approved  Code  of  Fair  Competition  for  the 
Wholesale  Food  and  Grocery  Trade,  number  196.  This  Code  was 
approved  bv  vou  on  Januarv  4,  1934. 

Pursuant  to  Executive  Order  No.  6678,  dated  April  14,  1934,  the 
Code  Authority  for  the  Wholesale  Food  and  Grocer}^  Trade,  in  ac- 
cordance with  subsection  (d),  Section  1,  of  Article  VIII  of  said 
Code,  haviufj  found  it  necessary  in  order  to  support  the  administra- 
tion of  this  Code  and  to  maintain  standards  of  fair  competition, 
established  by  this  Code,  and  to  effectuate  the  policies  of  the  Act,  has 
made  application  for  a  modification  of  said  Code  in  order  to  pro- 
vide for  a  method  of  assessment  and  to  support  the  expense  of  the 
administration  of  this  Code. 

The  Deput}'  Administrator  in  his  final  report  to  me  on  said  modi- 
fication to  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of 
the  National  Industrial  Recovery  Act  including  the  removal  of 
obstructions  to  the  free  flow  of  interstate  and  foreign  commerce 
which  tend  to  diminish  the  amount  thereof,  and  will  provide  for  the 
general  welfare  by  promoting  the  organization  of  the  industry  for 
the  purpose  of  cooperative  action  of  labor  and  management  under 
adequate  governmental  sanction  and  supervision,  by  eliminating  un- 
fair competitive  practices,  by  promoting  the  fullest  possible  utiliza- 
tion of  the  present  productive  capacity  of  industries,  by  avoiding 
undue  restriction  of  production  (except  as  may  be  temporarily  re- 
quired), bv  increasing  the  consumption  of  industrial  and  agricul- 
tural products  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemploj'ment,  by  improving  standards  of  labor,  and 
by  otherwise  rehabilitating  industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  perti- 
nent provision  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7  and 
subsection  (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said modification  on  behalf  of  the  industry  as  a  whole. 

(d)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(294) 


295 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modifications. 

In  accordance  with  Executive  Order  No.  6678,  dated  April  14, 
1934,  the  modification  of  this  Code  has  been  approved  by  me. 
Respectfully, 

Hugh  S.  Johnson, 

AdTnmistrator. 
August  2,  1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  WHOLESALE  FOOD  AND  GROCERY  TRADE 

Delete  subsection   (f).  Section  1,  of  Article  VIII,  and  insert  in 
lieu  thereof  the  following : 
(f)  Expenses: 

1.  It  being  found  necessary  in  order  to  support  the  administration 
of  this  code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  polic}^  of  the  National 
Industrial  Recovery  Act.  the  National  Food  and  Grocery  Distribu- 
tors' Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  liereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
trade ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  trade,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

2.  Each  member  of  the  trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  National  Food 
and  Grocery  Distributors'  Code  Authority,  determined  as  herein- 
above provided,  and  subject  to  rules  and  regulations  pertaining 
thereto  issued  by  the  Administrator.  Only  members  of  the  trade 
complying  with  the  Code  and  contributing  to  the  expenses  of  its 
administration  as  hereinabove  provided,  shall  be  entitled  to  partici- 
pate in  the  selection  of  members  of  the  Food  and  Grocery  Dis- 
tributors' Code  Authorities  or  to  receive  the  benefits  of  any  of  its 
voluntary  activities  or  to  make  use  of  any  emblem  or  insignia  of 
the  National  Recovery  Administration. 

3.  The  Code  Authority  shall  neither  incur  nor  pay  2li\\  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  ajaproval  of  the  Administrator;  and  no  subsequent 
budget  shall  contain  any  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  Administrator  shall 
have  so  approved. 

Approved  Code  No.  196 — Amendment  No.  2. 
Registry  No.  123-3-10. 

(296) 


Approved  Code  No.  18 — Amendment  No.  3 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

CAST  IRON  SOIL  PIPE  INDUSTRY 

As  Approved  on  August  3,  1934 


ORDEK 


Approving   Amendment  to   Code   of   Fair   Competition   for   the 
Cast  Iron  Soil  Pipe  Industry 

An  application  having  been  duh^  made  jDursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  an  amend- 
ment to  a  Code  of  Fair  Comj)etition  for  the  Cast  Iron  Soil  Pipe 
Industry,  and  hearings  having  been  duly  held  thereon  and  the  an- 
nexed report  on  said  amendment,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  6543-A,  dated  December  30, 
1933,  and  otherwise,  do  hereby  incorporate  by  reference,  said  annexed 
report  and  do  find  that  said  amendment  and  the  Code  as  constituted 
after  being  amended  comply  in  all  respects  with  the  pertinent  pro- 
visions and  will  promote  the  policy  and  purposes  of  said  Title  of 
said  Act,  and  do  hereby  order  that  said  amendment  be,  and  it  is 
hereby  approved,  and  that  the  previous  approval  of  said  Code  is 
hereby  modified  to  include  an  approval  of  said  Code  in  its  entirety 
as  amended,  such  approval  and  such  amendment  to  take  effect  fifteen 
(15)  days  from  the  date  hereof,  unless  good  cause  to  the  contrary 
is  shown  to  the  Administrator  before  that  time  and  the  Administrator 
issues  a  subsequent  order  to  that  effect, 

Hugh  S.  Johnson, 
Administrator  for  Iiidustrial  Recovery. 

Apj)roval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington.  D.C. 

August  3,  1934. 

80835—34 14  (297) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  lYhite  House. 

Sir:  This  is  a  report  on  a  Public  Hearing  on  the  Approved  Code 
of  Fair  Competition  for  the  Cast  Iron  Soil  Pipe  Industry,  held  in 
Washington,  D.  C,  January  23,  1934,  in  accordance  with  the  pro- 
visions of  the  National  Industrial  Recovery  Act. 

The  Code  of  Fair  Competition  for  the  Cast  Iron  Soil  Pipe  Indus- 
try was  approved  by  the  President  September  7,  1933,  and  amended 
by  Order  of  the  President  dated  December  18,  1933. 

The  Code  of  Fair  Competition  for  the  Cast  Iron  Soil  Pipe  Indus- 
try, which  was  among  the  first  submitted  to  the  Administration,  did 
not  contain  many  provisions  which  experience  has  since  shown  are 
necessary  to  effectuate  the  purposes  of  the  Act,  and  accordingly  after 
numerous  protests  were  received  by  the  Administration  as  to  the 
hardship  the  Code  was  working  on  members  of  the  Industry,  a 
Public  Hearing  was  ordered  by  the  Administration  to  provide  an 
opportunity  for  anyone  to  file  objections  or  offer  amendments  to 
this  Code. 

At  the  Public  Hearing  the  Cast  Iron  Soil  Pipe  Industry  repre- 
sented by  its  Administrative  Agency,  the  Cast  Iron  Soil  Pipe  Asso- 
ciation, submitted  a  proposed  amendment  to  revise  its  Code  of  Fair 
Competition.  Said  amendment  was  duly  heard  at  the  hearing  and 
all  protests  were  duly  considered. 

The  amendment  provides  for  the  addition  of  certain  standard 
provisions  in  order  that  the  Code  might  conform  to  the  present 
policy  of  the  Administration;  it  further  provides  for  the  establish- 
ment of  a  Code  Authority  which  will  be  representative  of  the  In- 
dustry and  conform  to  the  standards  of  the  Administration. 

The  Code  no  longer  contains  any  provisions  or  appendices  which 
might  be  construed  to  mean  the  mandatory  use  of  the  Birmingham 
basing  point. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  auiendment  to  said  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  amendment  to  said  Code  and  the  Code  as  amended  are 
well  designed  to  j^romote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which 
tend  to  diminish  the  amount  tiiereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose 
of   cooperative   action   of   labor   and    management   under   adequate 

(298) 


299 

governmental  sanction  and  supervision,  by  eliminating  unfair  com- 
petitive practices,  by  promoting  the  fullest  possible  utilization  of 
the  present  productive  capacity  of  industries,  by  avoiding  undue 
restriction  of  production  (except  as  may  be  temporarily  required), 
by  increasing  the  consumption  of  industrial  and  agricultural  prod- 
ucts through  increasing  purchasing  power,  by  reducing  and  relieving 
unemployment,  by  improving  standards  of  labor,  and  by  otherwise 
rehabilitating  industry. 

(b)  The  Code  as  amended  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7 
and  sub-section  (b)  of  Section  10  thereof. 

(c)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(d)  The  amendment  and  the  Code  as  amended  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(e)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
amendment. 

For  these  reasons,  therefore,  I  have  approved  this  amendment, 
provided  that  such  approval  and  such  amendment  take  effect  fifteen 
(15)  days  from  the  date  hereof,  unless  good  cause  to  the  contrary 
is  shown  before  that  time,  and  I  issue  a  subsequent  order  to  that 
effect. 

Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  3, 1934. 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR  THE 
CAST  IRON  SOIL  PIPE  INDUSTRY 

Amend  Section  1,  by  deleting  in  its  entirety,  and  the  following  sub- 
stituted therefor : 

Section  1(a)  For  the  purpose  of  this  Code  the  term  "  Industry  " 
means  and  includes  the  business  of  producing  and  selling  Cast  Iron 
Soil  Pipe  and  Cast  Iron  Soil  Pipe  Fittings. 

Sectiox  1  (b)  The  term  "  cast  iron  soil  pipe "  as  used  herein 
means  pipe  for  carrying  soil  and  liquid  waste  matter  from  plumbing 
fixtures  of  buildings  into  the  main  sewer  system,  also  for  ventilating 
purposes  in  connection  witli  plumbing  systems  within  buildings, 
and  for  carrying  other  liquids  where  not  under  pressure.  It  is  manu- 
factured in  lengths  of  five  (5)  feet  only,  and  in  diameter  ranging 
from  2  inches  to  15  inches,  with  a  wall  thickness  of  %  inch  to  iV 
inch.  Cast  Iron  Soil  Pipe  is  manufactured  from  pig  iron  and  scrap 
iron  by  casting  horizontally  in  green  sand  molds  and  green  sand 
cores — by  the  hand-ramming  stripping-plate  methods.  Its  process 
of  manufacture  and  use  is  not  comparable  with  cast  iron  pressure 
pipe,  which  is  manufactured  in  lengths  of  six  (6)  to  eighteen  (18) 
feet  by  the  "  pit  cast  "  and  "  centrifugal  "  methods,  and  ranges  in 
diameter  from  two  (2)  to  ninety-six  (96)  inches,  and  is  used  for 
carrying  liquids  and  gas  under  pressure. 

Sectiox  1  (c)  The  term  "  fittings  "  as  used  herein  means  cast  iron 
soil  pipe  fittings,  cast  iron  service,  valve,  roadway  and  meter  boxes. 

Section  1  (d)  The  term  "  member  of  the  Industry  "  means  and 
includes,  but  without  limitation,  any  individual,  partnership,  asso- 
ciation, corporation,  trust,  receivership  or  other  form  of  enterprise 
engaged  in  the  industry,  either  as  an  employer  or  on  his  or  its  own 
behalf. 

Section  1  (e)  The  term  "  association  "  as  used  herein  means  the 
Cast  Iron  Soil  Pipe  Association. 

Section  1  (f)  The  term  ''employee"  as  used  herein  means  and 
includes  any  and  all  persons  engaged  in  this  industry,  however  com- 
pensated, except  a  member  of  the  industry. 

Section  1  (g)  The  term  ''  employer  "  as  used  herein  includes  any 
one  by  whom  such  employee  is  compensated  or  employed. 

Section  1  (h)  The  term  "President",  "Act",  and  "Administra- 
tor ",  as  used  herein  mean  respectively  the  President  of  the  United 
States.  Title  I  of  the  National  Industrial  Recovery  Act,  and  the 
Administrator  for  Industrial  Recovery. 

Section  1  (i)  Population  for  the  purposes  of  this  Code  shall  be 
determined  by  reference  to  the  latest  Federal  Census. 

Section  1  (j)  The  term  "Code"  where  used  in  this  amendment 
5-hall  mean  the  Code  of  Fair  Competition  of  the  Cast  Iron  Soil 
Pipe  Industry  as  approved  by  the  President,  and  its  Amendments. 

Amend  Section  3,  by  adding  the  following  new  subsections. 

Section  3  (f)  Wage  Adjustmentf^  Above  Minimum. — Equitable 
adjustments  of  compensation  of  employees  receiving  more  than  the 

(300) 


301 

minimum  rates  of  pay  herein  prescribed  shall  be  made  by  all  em- 
ployers who  have  not  heretofore  made  such  adjustments,  and  all 
employers  shall  within  thirty  (30)  days  after  approval  of  this  Sec- 
tion, report  in  full  to  the  Code  Authority  concerning  such  adjust- 
ments whether  made  prior  to  or  subsequent  to  such  approval,  pro- 
vided, however,  that  in  no  event  shall  hourly  rates  of  pay  be  reduced. 

Section  3  (g)  Female  Employees. — Female  employees  performing 
substantially  the  same  work  as  male  employees  shall  receive  the  same 
rate  of  pay  as  male  employees,  and,  where  they  displace  men,  they 
shall  receive  the  same  rate  of  pay  as  the  men  they  displace. 

Section  3  (h)  Handicapped  Persons. — A  person  whose  earning 
capacity  is  limited  because  of  age  or  physical  or  mental  handicap 
or  other  infirmity,  may  be  employed  on  light  work  at  a  wage  below 
the  minimum  established  by  this  Code  if  the  employer  obtains  from 
the  State  authority  designated  by  the  United  States  Department  of 
Labor  a  certificate  authorizing  such  person's  employment  at  such 
wages  and  for  such  hours  as  shall  be  stated  in  the  certificate.  Such 
authority  shall  be  guided  by  instructions  of  the  United  States  De- 
partment of  Labor  in  issuing  certificates  to  such  persons.  Each  em- 
ployer shall  file  monthly  with  the  Code  Authority  a  list  of  all  such 
persons  employed  by  him,  showing  the  wages  paid  to  and  the  maxi- 
mum hours  of  work  for  such  employee. 

Amend  Section  4,  by  adding  the  folloAving  new  subsections. 

Section  4  (e)  The  hourly  limitations  of  Section  4  (a)  of  the  Code 
shall  not  apply  to  any  employee  engaged  in  emergency  maintenance 
or  emergency  repair  work,  involving  breakdowns,  and  protection  of 
life  and  property;  provided,  however,  that  time  and  one-half  (II/2) 
the  regular  rates  shall  be  paid  for  all  hours  worked  in  excess  of  eight 
(8)  hours  per  day,  or  forty  (40)  per  week. 

Section  4  (f)  Piecework  Compoisatlon — Minimum  Wages. — 
This  Section  establishes  a  minimum  rate  of  pay  which  shall  apph', 
irrespective  of  whether  an  employee  is  actually  compensated  on  a 
time  rate,  piece-work,  or  other  basis. 

Amend  Section  5,  by  adding  the  following  new  subsections. 

Section  .5  (a)  ReclassifiGation  of  Em.ployees. — No  employer  shall 
reclassify  employees  or  duties  of  occupations  performed,  or  engage  in 
any  other  subterfuge  so  as  to  defeat  the  purposes  or  provisions  of  the 
Act  or  of  this  Code. 

Section  5  (b)  Standards  for  Safety  and  Health. — Every  em- 
ployer shall  provide  for  the  safety  and  health  of  his  employees  at 
the  place  and  during  the  hours  of  their  employment.  Standards  for 
safety  and  health  shall  be  submitted  by  the  Code  Authority  to  the 
Administrator  within  three  (3)  months  after  the  effective  date  of 
this  Amendment. 

Section  5  (c)  State  La/ws. — No  provision  in  this  Code  shall  super- 
sede any  State  or  Federal  law  which  imposes  more  stringent  require- 
ments on  employers  as  to  age  of  employees,  wages,  hours  of  work, 
or  as  to  safety,  health,  sanitary,  or  general  working  conditions,  or 
insurance,  or  fire  protection,  than  are  imposed  by  this  Code. 

Section  5  (d)  Posting. — All  employers  shall  post  and  keep  posted 
copies  of  this  Code  in  conspicuous  places  accessible  to  all  employees. 
Every  member  of  the  Industry  shall  comply  with  all  rules  and  regu- 
lations relative  to  the  posting  of  the  i3rovisions  of  Codes  of  Fair 


302 

Competition  which  may  from  time  to  time  be  prescribed  by  the 
Administrator. 

Sectiox  5  (e)  Xo  employer  shall  knowingly  permit  any  employee 
to  work  for  any  time,  which,  when  added  to  the  time  spent  at  work 
for  another  employer  or  employers  in  this  Industry  exceed  40  hours 
per  week.  * 

Section  5  (f )  No  employee  shall  be  dismissed  or  demoted  by  reason 
of  making  a  complaint  or  giving  evidence  with  respect  to  an  alleged 
violation  of  the  Code. 

Amend  Section  7  by  deleting  in  its  entirety,  and  substituting  the 
following  therefor : 

Section  7  (a)  There  shall  be  forthwith  constituted  a  Code  Author- 
ity consisting  of  the  six  (6)  members  of  the  Code  Committee  of  the 
Cast  Iron  Soil  Pipe  Association  and  one  (1)  member  to  be  elected 
from  among  the  members  of  the  industry  who  are  not  members  of 
the  Association,  by  a  fair  method  of  selection  which  shall  be  subject 
to  review  and  disapproval  by  the  Administrator, 

In  addition  to  the  membership  as  above  provided  there  may  be  one 
(1)  to  three  (3)  members,  without  vote,  to  be  appointed  by  the 
Administrator. 

Section  7  (b)  Each  trade  or  industrial  association,  directly  or 
indirectly  participating  in  the  selection  or  activities  of  the  Code 
Authoritj^  shall, 

(1)  impose  no  inequitable  restrictions  on  membership,  and 

(2)  submit  to  the  Administrator  true  copies  of  its  articles  of 
association,  by-laws,  regulations,  and  any  amendments  when  made 
thereto,  together  with  such  other  information  as  to  membership, 
organization,  and  activities  as  the  Administrator  may  deem  necessary 
to  effectuate  the  purposes  of  the  Act. 

Section  7  (c)  In  order  that  the  Code  Authority  shall  at  all  times 
be  truly  representative  of  the  industry,  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  prescribe 
such  hearings  as  he  may  deem  proper ;  and  thereafter  if  he  shall  find 
that  the  Code  Authority  is  not  truly  representative  or  does  not  in 
other  respects  comply  with  the  provisions  of  the  Act,  may  require 
an  appropriate  modification  in  the  method  of  selection  of  the  Code 
Authority. 

Section  7  (d)  Xo  member  of  the  Code  Authority  shall  partici- 
pate as  a  member  of  such  Code  Authority  in  any  proceedings  in 
which  he  is  interested  by  virtue  of  any  connections  with  the  Com- 
plainant or  Respondent,  and  in  the  event  of  any  such  disqualification 
the  Administrator  may  appoint  an  alternate,  who  shall  be  a  member 
of  the  same  group  as  the  disqualified  member,  to  act  in  the  place  of 
the  disqualified  member  of  the  Code  Authority. 

Section  7  (e)  Xothing  contained  in  this  Code  shall  constitute 
the  members  of  the  Code  Authority  partners  for  any  purpose;  nor 
shall  any  j^rovisions  of  this  Code  be  considered  to  render  any  member 
of  the  CN:)ck^  Authority,  exercising  reasonable  diligence  in  the  conduct 
of  his  duties  hereunder,  liable  to  anyone  for  any  action  or  omission 
to  act  under  this  Code,  except  for  his  own  wilful  malfeasance  or 
nonfeasance. 

Section  7  (f)  The  Code  Authority  is  hereby  designated  as  the 
agency  to  administer,  supervise  and  promote  observance  of  the  pro- 


303 

visions  of  this  Code,  subject  to  the  right  of  the  Administrator  upon 
review   to   disapprove   any   action   taken   by   the    Code   Authority. 

Section  7  (g)  The  Code  Authority  may  adoj)t  by-laws  and  rules 
and  regulations  for  its  procedure  and  for  the  administration  and 
enforcement  of  the  Code,  subject  to  the  approval  of  the  Admin- 
istrator. 

Section  7  (h)  The  Code  Authority  shall  have  the  right  to  use 
such  other  agencies  or  individuals  as  it  deems  proper  for  the  carrying 
out  of  any  of  its  activities  provided  for  herein,  provided  that  nothing 
herein  shall  relieve  the  Code  Authority  of  its  duties  or  responsi- 
bilities under  this  Code  and  that  such  agencies  shall  at  all  times  be 
subject  to  and  comply  with  the  provisions  hereof. 

Section  7  (i)  Upon  complaint  of  anj^  member  or  upon  its  own 
initiative,  the  Code  Authority  shall  investigate  alleged  violations  of 
this  Code  under  such  rules  and  regulations  as  the  Administrator 
may  prescribe. 

Section  7  (j)  In  order  that  the  Administrator  may  be  informed 
of  the  extent  of  observance  of  the  provisions  of  this  Code  and  the 
extent  to  which  the  policy  of  the  Act  is  being  effectuated  in  the 
Industry,  the  Code  Authority  shall  make  such  reports  to  the  Ad- 
ministrator as  he  may  require  and  obtain  from  members  of  the 
Industry  through  an  impartial  non-member  of  Industry  such  in- 
formation and  reports  as  are  required  for  the  administration  of 
this  Code.  No  individual  reports  shall  be  disclosed  to  any  other 
member  of  the  industry  or  any  other  party  except  to  such  govern- 
mental agencies  as  may  be  directed  bj^  the  Administrator. 

Section  7  (k)  In  addition  to  information  required  to  be  sub- 
mitted to  the  Code  Authority,  all  or  any  of  the  persons  subject  to 
this  Code  shall  furnish  such  statistical  information  as  the  Ad- 
ministrator may  deem  necessary  for  the  purposes  recited  in  Section 
3  (a)  of  the  Act  to  such  Federal  and  State  agencies  as  the  Adminis- 
trator may  designate;  nor  shall  anything  in  this  Code  relieve  any 
person  of  any  existing  obligation  to  furnish  reports  to  Government 
agencies. 

Section  7  (1)  The  Code  Authority  shall  appoint  a  trade  practice 
committee  which  shall  meet  with  the  trade  practice  committees  ap- 
pointed under  such  other  codes  as  may  be  related  to  this  Industry, 
for  the  purpose  of  formulating  fair  trade  practices  to  govern  their 
inter-relationships  under  this  code  and  under  such  others  to  the  end 
that  such  fair  trade  practices  may  be  proposed  to  the  Administrator, 
and  when  approved  by  him  shall  become  a  part  of  this  code  and  such 
other  Codes. 

Seciton  7  (m)  The  Code  Authority  shall  establish,  subject  to  the 
approval  of  the  Administrator,  uniform  specifications  for  the  types 
and  sizes  of  pipe  and  fittings  in  accordance  with  Federal  specifica- 
tions— WW-P-401,  and  amendments  thereto,  and  shall  cause  such 
tests  and  inspections  to  be  made  from  time  to  time  as  will  adequately 
safeguard  the  public  interest.  When  such  uniform  specifications 
have  been  prepared  and  approved  by  the  Administrator  they  shall 
be  published  to  all  members  of  the  Industry.  Thereafter  no  mem- 
ber of  the  Industry  shall  knowingly  sell  or  offer  to  sell  any  product 
of  the  Industry  without  it  being  plainly  marked  that  it  does  or  does 
not  conform  to  the  above  specifications.     This  provision  shall  not 


304 

apply  to  products  manufactured  prior  to  the  eifective  date  of  these 
amendments. 

Section  7  (n)  If  the  Administrator  shall  determine  that  any 
action  of  a  code  authority  or  any  agency  thereof  may  be  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  further  consideration 
by  such  code  authority  or  agency  pending  final  action  which  shall  not 
be  effective  unless  the  Administrator  approves  or  unless  he  shall  fail 
to  disapprove  after  thirty  days'  notice  to  him  of  intention  to  proceed 
with  such  action  in  its  original  or  modified  form. 

Amend  Section  8.  by  deleting  in  its  entirety,  and  substitute  the 
following  therefore : 

Section  8  (a)  It  being  found  necessary  to  support  the  Adminis- 
tration of  this  Code,  in  order  to  effectuate  the  policy  of  the  Act  and 
to  maintain  the  standards  of  fair  competition  established  hereunder, 
the  Code  Authority  is  authorized: 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out  of 
funds  which  shall  be  held  in  trust  for  the  purposes  of  the  Code  and 
raised  as  hereinafter  provided; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary : 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  all  members  of  the 
Industry. 

(3)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  collect  equitable 
contribution  as  above  set  forth,  and  to  that  end,  if  necessary,  to 
institute  legal  proceedings  therefor  in  its  own  name. 

Section  8  (b)  Each  member  of  the  industry  shall  pay  his  or  its 
equitable  contribution  to  the  expenses  of  the  maintenance  of  the  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  with  the  Code  and  contrib- 
uting to  the  expenses  of  its  Administration  as  hereinabove  provided, 
unless  duly  exempted  from  making  such  contributions,  shall  be  en- 
titled to  participate  in  the  selection  of  members  of  the  Code  Authority 
or  to  receive  the  benefits  of  any  of  its  voluntaiy  activities  or  to  make 
use  of  any  emblem  or  insignia  of  the  National  Recovery  Administra- 
tion. 

Section  8  (c)  The  Code  Authority  shall  neither  incur  nor  pay  any 
obligation  in  excess  of  the  amount  thereof  as  estimated  in  its  ap- 
proved budget,  except  upon  approval  of  the  Administrator;  and  no 
subsequent  budget  shall  contain  any  deficiency  item  for  expenditures 
substantially  in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  shall  have  so  approved. 

Amend  Section  9  and  Section  10  by  deleting  them  entirely. 

Amend  Section  11,  by  deleting  in  Section  11  (B)  the  following 
"  or  plumbers'  cast  iron  specialties  ", 

Further  amend  Section  11  by  deleting  Section  11  (e)  and  11  (f) 
and  substituting  the  following  therefor: 


305 

Section  11  (e)  Quoting  a  total  or  lump-sum  price  on  any  schedule 
of  pipe  and  fittings. 

Section  11  (f)  No  member  of  the  industry  shall  secretly  offer  or 
make  any  payment  or  allowance  of  a  rebate,  refund,  commissions, 
credit,  unearned  discount  or  excess  allowance,  whether  in  the  form  of 
money  or  otherwise,  nor  shall  a  member  of  the  industry  secretly 
offer  or  extend  to  any  customer  any  special  service  or  privilege  not 
extended  to  all  customers  of  the  same  class,  for  the  purpose  of  influ- 
encing a  sale. 

And  further  amend  Section  11  by  adding  the  following  New  Sub- 
Sections. 

Section  11  (g)  Guaranteeing  against  advances  and  declines  in 
published  prices  of  the  products  of  the  Industry. 

Section  11  (h)  Predating  or  post-dating  anj^  quotation  or  invoice 
or  accepting  any  pre-dated  order  or  other  predated  contract  for  the 
sale  of  any  products  of  the  Industry. 

Section  11  (i)  No  member  of  the  Industry  shall  give  any  cash 
discount  at  a  rate  exceeding  two  percent  (2%).  Such  discount  shall 
be  allowed  only  on  invoices  paid  on  or  before  the  10th  of  the  month 
for  shipments  made  from  the  16th  to  the  end  of  the  previous  month, 
inclusive,  and  on  invoices  paid  on  or  before  the  25th  of  the  month 
for  shipments  made  from  the  1st  to  the  loth,  inclusive,  of  the  current 
month;  provided  that  the  period  may  be  extended  to  thirty  (30)  days 
from  date  of  invoice,  covering  shipments  by  water  between  the  Pacific 
Coast  States  and  States  situated  East  of  the  Mississippi  River. 

Section  11  (j)  In  no  instance  shall  a  cash  discount  be  allowed  on 
transactions  financed  through  the  medium  of  a  trade  acceptance  or 
a  promissory  note. 

Section  11  (k)  To  accept  bonds  or  other  securities  in  part  or  in 
whole  payment  for  products  at  a  price  which  results,  at  the  time  of 
the  sale,  in  the  seller  receiving  less  than  the  effective  filed  price  for 
the  product. 

Amend  Section  14  by  deleting  in  its  entirety,  and  substituting  the 
following  therefor: 

Section  14  (a)  A  member  of  the  Industry  may  commit  himself  to 
furnish  products  of  the  Industry  over  an  extended  period,  at  prices, 
for  use  in  the  construction  of  a  particular  project;  if  the  character 
of  the  project  is  clearly  defined  and  identified,  and  if  the  volume  of 
products  to  be  delivered  is  specified  within  minimum  and  maximum 
limits  defined  in  terms  of  quantity  on  the  basis  of  anticipated  require- 
ments, provided  that  such  prices  and/or  conditions  of  sale  are  not 
different  than  those  effective  prices  and/or  conditions  of  sale  filed 
with  the  Code  Authority  by  such  member  of  the  Industry,  and  effec- 
tive on  the  date  when  such  commitment  is  made. 

Further  amend  the  Code  by  adding  the  following  new  Section,  to 
become  Section  19: 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  monopo- 
lies or  monopolistic  practices,  or  to  eliminate,  oppress  or  discriminate 
against  small  enterprises. 

Approved  Code  No.  IS — Amendment  No.  3. 
Registry  No.  1128-01. 


Approved  Code  No.  244 — Amendment  No.  4 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

CONSTRUCTION  INDUSTRY 

As  Approved  on  August  3,  1934 


ORDER 


Approving  Modification  of  Code  of  Fair  Competition  for  the 
Construction  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modifi- 
cation to  a  Code  of  Fair  Competition  for  the  Construction  Industry, 
and  due  notice  and  opportunity  to  be  heard  having  been  given 
thereon  and  the  annexed  report  on  said  modification,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recov- 
ery, pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modification 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of 
said  Code  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  modified. 

Hugh  S.  Johnson, 
Administrator  for  Inditstrml  Recovery. 

Approval  recommended: 

Geo.  L.  Berry,  ^f" 

Division  Administrator. 

Washington,  D.C, 

August  S,  19S4. 

(307) 


REPORT  TO  THE  PRESIDENT 

The  President. 

The  White  House. 

Sir  :  This  is  a  report  on  a  modification  of  the  Code  of  Fair  Compe- 
tition for  the  Construction  Industry  which  was  approved  by  you  on 
January  31,  1934. 

The  effect  of  this  amendment,  modifying  the  powers  and  duties  of 
the  Construction  Code  Authority,  will  be  to  give  the  Construction 
Code  Authority  power  to  administer  the  Construction  Code  in  any 
branch  of  the  Industry  for  which  no  Divisional  Code  Authority  shall 
have  been  established. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modifi- 
cation of  said  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  The  modification  of  said  Code  and  the  Code  as  Modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
Xational  Industrial  Recoveiy  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general 
welfare  by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  aj^ricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabilitat- 
ing industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and 
sub-section   (b)  of  Secticm  10  thereof. 

(c)  The  Code  euipcwers  the  Code  Authority  to  present  the  afore- 
said modification  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  modification  aud  the  Code  as  modified  are  not  designed 
to  and  Avill  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  ste])s  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 

For  these  reasons  this  modification  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
August  3,  1934. 

(308) 


AMENDMENT  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  CONSTRUCTION  INDUSTRY 

Modify  Article  IV  A,  Section  2  by  deleting  subsection  (f)  and 
substituting  in  lieu  thereof  the  following: 

(f)  It  shall  administer  this  Code  in  any  branch  of  the  industry 
for  which  no  Divisional  Code  Authority  shall  have  been  established ; 
and,  if  in  its  opinion  the  policies  of  the  Act  require,  it  may  recom- 
mend to  the  Administrator  that  an  additional  chapter  of  this  Code 
be  established  for  any  such  Division  of  the  industry. 

Approved  Code  No.  244 — Amendment  No.  4. 
Registry  No.  1616-2-31. 

(309) 


Approved  Code  No.  161 — Amendment  No.  4 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR   THE 

FUR  DRESSING  AND  FUR  DYEING  INDUSTRY 

As  Approved  on  August  3,  1934 


ORDER 


Approving  Modification  of  Code  of  Fair  Competition  for  the 
Fur  Dressing  and  Fur  Dyeing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  modification 
to  the  Code  of  Fair  Competition  for  the  Fur  Dressing  and  Fur  Dye- 
ing Industry,  and  opportunity  to  be  heard  having  been  afforded  all 
members  of  said  industry,  and  the  annexed  report  on  said  modifica- 
tions, containing  findings  with  respect  thereto,  having  been  made  and 
QirGCtGu.  to  tlif*  I^rGsidpnt  * 

NOW,  therefore',  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate,  by  reference,  said 
annexed  report  and  do  find  that  said  modification  and  the  Code  as 
constituted  after  being  modified  comply  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  do  hereby  order  that  said  modification 
be  and  it  is  hereby  approved,  and  that  the  previous  approval  of  said 
Code  is  hereby  modified  to  include  an  approval  of  said  Code  in  its 
entirety  as  modified. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  3,  1934. 

(311) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Siu:  This  is  a  report  on  the  modification  to  the  Code  of  Fair  Com- 
petition for  the  Fur  Dressing  and  Fur  Dying  Industry-,  whicli  has 
been  submitted  in  accordance  with  Executive  Order  No.  6678. 

This  modification  enables  the  Code  Authority  to  incur  such  reason- 
able obligations  as  are  necessary  to  support  the  administration  of 
the  code  and  to  maintain  the  standards  of  fair  competition  established 
by  this  code.  It  also  enables  the  Code  Authority  to  submit  an  item- 
ized budget,  and  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  the  members  of 
the  industry.  Such  contributions  are  made  mandatory  by  this 
modification. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  mod- 
ification of  said  code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  prtx'eedings  in  this  matter : 

I  find  that : 

(a)  The  modification  of  said  code  and  the  code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act  including  the  removal  of  obstruc- 
tions to  the  free  flow  of  interstate  and  foreign  commerce  which  tend 
to  diminish  the  amount  thereof,  and  will  provide  for  the  general  wel- 
fare by  promoting  the  organization  of  industry  for  the  purpose  of 
cooperative  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarily  required),  by  increasing 
the  consumption  of  industrial  and  agricultural  products  through 
increasing  purchasing  power,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabili- 
tating industry. 

(b)  The  code  as  modified  complies  in  all  respects  with  the  perti- 
nent provision  of  said  Title  of  said  Act,  including  without  limitation 
sub-section  (a)  of  Section  3,  sub-section  (a)  of  Section  7  and  sub- 
section (b)  of  Section  10  thereof. 

(c)  The  Code  empowers  the  Code  Authority  to  present  the  afore- 
said modification  on  behalf  of  the  Industry  as  a  whole. 

(d)  The  modification  and  the  code  as  modified  are  not  designed 
to  and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  code  as  modified  are  not  designed  to 
and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(312) 


313 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 

For  these  reasons  this  modification  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Ad7ninistrator. 
August  3, 1934. 


80835—34 15 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  FUR  DRESSING  AND  FUR  DYEING  INDUSTRY 

The  following  shall  be  substituted  for  Sub-section  (b)  of  Section 
8,  Article  VI,  of  the  Code  of  Fair  Competition  for  the  Fur  Dressing 
and  Fur  Dyeing  Industry. 

1.  It  being  found  necessary  in  order  to  support  the  administration 
of  this  code  and  to  maintain  the  standards  of  fair  competition  estab- 
lished hereunder  and  to  effectuate  the  policy  of  the  Act,  the  Code 
Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  neces- 
sary (1)  an  itemized  budget  of  its  estimated  expenses  for  the 
foregoing  purposes,  and  (2)  an  equitable  basis  upon  which  the 
funds  necessary  to  support  such  budget  shall  be  contributed  by 
members  of  the  industry; 

(c)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Admmistrator.  to  determine  and  obtain  equi- 
table contribution  as  above  set  forth  by  all  members  of  the  in- 
dustry, and  to  that  end,  if  necessary,  to  institute  legal  proceed- 
ings therefor  in  its  own  name. 

2.  Each  member  of  the  industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expense  of  the  maintenance  of  the  Code  Authority 
determined  as  hereinabove  provided,  and  subject  to  rules  and  regu- 
lations pertaining  thereto  issued  by  the  Administrator.  Only  mem- 
bers of  the  industry  complying  with  the  code  and  contributing  to  the 
expense  of  its  administration  as  hereinabove  provided  (unless  duly 
excepted  from  making  such  contribution)  shall  be  entitled  to  partici- 
pate in  the  selection  of  the  members  of  the  Code  Authority  Board^ 
or  to  receive  the  benefits  of  its  activities  or  to  make  use  of  any 
registry  number  or  emblem  or  insignia  of  the  National  Recovery 
Administration  issued  pursuant  to  the  provisions  of  this  code.  Such 
registry  number,  emblem  or  insignia  of  the  National  Recovery 
Administration  may  be  withheld,  removed  or  revoked  only  in 
accordance  Avith  the  rules  and  regulations  promulgated  from  time 
to  time  by  the  Administrator. 

3.  The  Code  Authority  shall  neitlier  incur  nor  pay  any  obligation 
substantially  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget ;  and  shall  in  no  event  exceed  the  total  amount  con- 
tained in  the  approved  budget  except  upon  approval  of  the  Adminis- 

(314) 


315 

trator;  and  no  subsequent  budget  shall  contain  any  deficiency  item 
for  expenditures  in  excess  of  prior  budget  estimates  except  those 
which  the  Administrator  shall  have  so  apiDroved. 

Approved  Code  No.  161 — Amendment  No.  4. 
Registry  No.  911-28. 


Approved  Code  No.  329 — Amendment  No.  1 
AMENDMENT  TO  CODE  OF  FAIR  COMPETITION 

FOR    THE 

UPHOLSTERY  SPRING  AND  ACCESSORIES 
MANUFACTURING  INDUSTRY 

As  Approved  on  August  4,  1934 


ORDER 


Approving  Modification  of  Code  of  Fair  Competition  for  the 
Upholstery  Spring  and  Accessories  Manufacturing  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  modification 
to  a  Code  of  Fair  Competition  for  the  Upholstery  Spring  and  Ac- 
cessories Manufacturing  Industry,  and  as  contained  in  a  Published 
Notice  of  Opportunity  to  be  Heard,  Administrative  Order  No.  329-7, 
dated  July  9,  1934,  and  no  objections  having  been  filed  as  provided  in 
said  Published  Notice,  and  the  annexed  report  on  said  modification 
containing  findings  with  respect  thereto  having  been  made  and 
QirGctcQ  to  tllB  PrGSlClGritj  * 

NOW,  therefore',  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  6543-A,  dated  December  30,  1933, 
and  otherwise,  do  hereby  incorporate  by  reference  said  annexed  report 
and  do  find  that  said  modification  ancl  the  Code  as  constituted  after 
being  modified  comply  in  all  respects  with  the  pertinent  provisions 
and  will  promote  the  policy  and  purposes  of  said  Title  of  said  Act, 
and  do  hereby  order  that  said  modification  be  and  it  is  hereby 
approved,  and  that  the  previous  .approval  of  said  Code  is  hereby 
modified  to  include  an  approval  of  said  Code  in  its  entirety  as  modi- 
fied, such  approval  and  such  modification  to  take  effect  ten  (10) 
days  from  the  date  hereof,  unless  good  cause  to  the  contrary  is  shown 
to  the  Administrator  before  that  time  and  the  Administrator  issues 
a  subsequent  order  to  that  effect. 

Hugh  S.  Johnson, 
Admiinistrator  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 
Division  Administrator. 
Washington,  D.C, 

August  4,  1934. 

(317) 


EEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  A  proposed  modification  to  the  Code  of  Fair  Competition  f  or 
the  Upholstery  Spring  and  Accessories  ^Manufacturing  Industry  was 
submitted  to  the  Xational  Recovery  Administration  on  May  19,'^1934, 
by  the  Upholstery  Spring  and  Accessories  Manufacturers'  Associa- 
tion. Inc..  in  accordance  with  Article  XIII  of  said  Code  approved  on 
March  10.  1934. 

This  modification  of  the  Code  was  submitted. to  the  Legal  Division 
and  at  their  suggestion  the  modification  was  revised  and  resubmitted 
on  June  7,  1934,  in  its  present  form  for  approval. 

Xotice  of  Opportunity  to  be  Heard  prior  to  July  21,  1934,  was 
published  on  July  9.  1934.     Xo  requests  for  hearing  were  filed. 

This  modification  of  the  Code  provides  for  the  submission  of  a 
Budget  and  equitable  Basis  of  Assessment  and  the  collection  of  such 
assessment  to  cover  the  expenses  of  Code  administration. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  modifi- 
cation of  said  Code  having  found  as  herein  set  forth  aiirl  on  the  basis 
of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  The  modification  of  said  Code  and  the  Code  as  modified  are 
well  designed  to  promote  the  policies  and  purposes  of  Title  I  of  the 
Xational  Industrial  Act,  including  the  removal  of  obstructions  to 
the  free  flow  of  interstate  and  foreign  commerce  which  tend  to  dimin- 
ish the  amount  thereof,  and  will  provide  for  the  general  welfare 
by  promoting  the  organization  of  Industry  for  the  purpose  of  coop- 
erative action  among  trade  groups  by  inducing  and  maintaining 
united  action  of  labor  and  management  under  adequate  govern- 
mental sanction  and  supervision,  by  eliminating  unfair  competitive 
practices,  by  promoting  the  fullest  possible  utilization  of  the  present 
productive  capacity'  of  industries,  by  avoiding  undue  restriction  of 
production  (except  as  may  be  temporarih^  required),  by  increasing 
the  consumption  of  industrial  and  agi'icultural  products  through 
increasing  purchasing  poAver,  by  reducing  and  relieving  unemploy- 
ment, by  improving  standards  of  labor,  and  by  otherwise  rehabili- 
tating industry. 

(b)  The  Code  as  modified  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion sub-section  (a)  of  Section  3,  sub-section  (a)  of  .Section  7  and 
sub-section  (b)  of  Section  10  thereof. 

(c)  The  Upholstery  Spring  and  Accessories  Manufacturers'  Asso- 
ciation, Inc.,  was  and  is  an  industrial  association,  truly  representative 
of  the  aforesaid  Industiy  and  said  Association  imposed  and  imposes 
no  inequitable  restrictions  on  admission  to  membership  therein  and 
has  applied  for  this  modification. 

(318) 


319 

(d)  The  modification  and  the  Code  as  modified  are  not  designed  to 
and  will  not  permit  monopolies  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
modification. 

For  these  reasons,  therefore,  I  have  approved  the  modification 
of  the  Upholstery  Spring  and  Accessories  Manufacturing  Industry- 
Code. 

Eespectfully, 

Hugh  S.  Johnson, 

Administrator. 
August  4,  1934. 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  UPHOLSTERY  SPRING  AND  ACCESSORIES  MAN- 
UFACTURING INDUSTRY 

Article  Til,  Section  4,  is  hereby  deleted. 

Article  YII^  Section  5,  is  hereby-  redesignated  as  Article  VII,  Sec- 
tion 4. 

Article  VII,  Section  6,  is  hereby  redesignated  as  Article  VII,  Sec- 
tion 5,  and  sub-paragraph  (i)  is  modified  to  read  as  follows: 

Section  5,  sub-paragraph  (i).  It  being  found  necessary,  in  order 
to  support  the  administration  of  this  Code  and  to  maintain  the 
standards  of  fair  competition  established  by  this  Code  and  to  effect- 
uate the  policy  of  the  Act.  the  Code  Authority  is  authorized ; 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code. 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary, 
(a)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (b)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  Members  of  the 
Industry : 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  secure  equitable 
contribution  as  above  set  forth  by  all  Members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name ; 

(4)  Each  member  of  the  industry  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  by  the  Administrator.  Only 
members  of  the  industry  complying  with  the  code  and  contributing 
to  the  expenses  of  its  administration  as  hereinabove  provided,  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

(5)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approval 
budget,  except  upon  approval  of  the  Administrator;  and  no  sub- 
sequent budget  shall  contain  any  deficiency  item  for  expenditures 
in  excess  of  prior  budget  estimates  except  those  which  the  Adminis- 
trator shall  have  so  approved. 

Article  VII,  Section  7,  is  hereby  redesignated  as  Article  VII,. 
Section  6. 

Approved  Code  No.  329 — Amendment  No.  1. 
Registry  No.  1154-01. 

(320) 


SUPPLEMENTS 


Approved  Code  No.  201 — Supplement  No.  14 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

WOOLENS  AND  TRIMMINGS  DISTRIBUTING 

TRADE 

As  Approved  on  July  23,  1934 


ORDER 


SUPPLEMEXTAL    CoDE    OF    FaIR    Co:MPETITIOX    FOR    THE    WoOLENS    AND 

Trimmings  Distributing  Trade 

A    DIVISION    OF    the    "WHOLESALING     OR     DISTRIBUTING     TRADE 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Woolens  and  Trimmings 
Distributing  Trade  to  the  Code  of  Fair  Competition  for  the  Whole- 
saling or  Distributing  Trade,  and  hearings  having  been  duly  held 
thereon  and  the  annexed  report  on  said  Supplemental  Code,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  wnll  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved;  provided,  however,  that  the  provisions  of  Article  IV, 
Section  3  be  and  they  hereby  are  stayed  pending  my  further  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovei^. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington.  D.C, 

July  23.  1934. 

(321) 


REPOET  TO  THE  PRESIDENT 

The  President. 

The  White  House. 
Sir  :  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code  of 
Fair  Competition  of  the  "Woolens  and  Trimmings  Distributing 
Trade,  conducted  in  the  Green  Room  of  the  Raleigh  Hotel  on  May 
8.  1934,  The  Supplemental  Code,  which  is  attached,  was  presented 
by  duly  qualified  and  authorized  representatives  of  the  Trade,  com- 
plying with  the  statutory  requirements. 

THE    TRADE 

According  to  the  census  of  "\'\niolesale  Distribution  for  the  year 
1929,  there  Avere  136  establishments  distributing  tailors'  trimmings 
and  supplies,  and  employing  585  persons  Avith  annual  net  sales  of 
$11,327,000.  However,  this  figure  does  not  include  the  further  break- 
down by  the  census  of  Wholesale  Distribution  under  woolens  and 
worsteds.  Under  this  heading  for  1929  there  were  327  establish- 
ments employing  2.548  people  with  annual  net  sales  of  $95,459,000. 
The  figures  submitted  hj  the  Trade  state  that  there  are  225  con- 
cerns emploving  2.500  persons  vrith  ago-regate  annual  sales  of 
$40,000,000.  'It  is  believed  that  the  Trade'sligures  represent  a  fairly 
true  picture  of  the  Trade  as  could  be  included  under  the  definition  of 
this  Supplemental  Code. 

PROVISIONS    OF   THE    CODE 

The  provisions  containing  supplemental  definitions  are  considered 
inclusive  and  accurate. 

The  Administrative  provisions  supplementing  the  General  Code 
establish  a  Divisional  Code  Authority  which  is  fairly  and  adequately 
re])resentative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practice  supplemental  provisions  are  not  considered  in 
any  way  objectionable. 

FIXDIXGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis  of 
all  the  proceedings  in  this  matter; 

I  find  that 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  inter- 
state and  foreign  commerce  which  tend  to  diminish  the  amount 
thereof,  and  will  provide  for  the  general  welfare  by  promoting  the 
organization    of   industry    for   the   purpose   of   cooperative   action 

(322) 


323 

among  trade  groups,  by  inducing  and  maintaining  united  action 
of  labor  and  management  under  adequate  governmental  sanction  and 
supervision,  by  eliminating  unfair  competitive  practices,  by  pro- 
moting the  fullest  possible  use  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,   and  by  otherwise   rehabilitating  industry. 

(b)  Said  Trade  normally  employs  not  more  than  50,000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade;  and  that  said  association  imposes  no  inequi- 
table restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discrim- 
inate against  them. 

(/)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of  this 
Supplemental  Code. 

For  these  reasons,  the  Supplemental  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  23,  1934. 


SUPPLEMEXTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  WOOLEXS  AXD  TRIMMINGS  DISTRIBUTING 
TRADE 

A  DIVISION  OF  THE  WHOLESALING  OR  DISTRIBUTING  TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  this  Supplemental  Code  is  established  as  a  Code  of  Fair 
Competition  for  the  "Woolens  and  Trimmings  Distributing  Trade 
pursuant  to  Article  VI,  Section  1  (c)  of  the  Code  of  Fair  Competi- 
tion for  the  Wholesaling  or  Distributing  Trade,  approved  by  the 
President  of  the  United  States  on  January  12,  1934.  All  provisions 
of  the  said  General  Code  which  are  not  in  conflict  with  the  provi- 
sions of  this  Supplemental  Code  are  hereby  specifically  incorporated 
by  reference  in  this  Supplemental  Code  and  made  part  hereof.  Such 
provisions  of  the  General  Code  together  with  the  provisions  of  this 
Supplemental  Code  are  the  standards  of  fair  competition  for  and 
are  binding  upon  every  member  of  said  AVoolens  and  Trimmings 
Distributing  Trade. 

Article  II — Definitions 

supplementing  article  II  or  the  general  code 

Section  1.  Wholesaler  or  Distributor. — The  term  "  Wholesaler  " 
or  "  Distributor  "  as  used  herein,  shall  be  defined  to  mean  any  in- 
dividual, partnership,  association,  corporation,  or  other  form  of 
enterprise  or  definiteh^  organized  division  thereof  organized  for  the 
specific  purpose  of  rendering  a  general  distribution  service,  engaged 
in  the  selling  of  Woolens  and  Trimmings  to  Merchant  Tailors 
through  the  use  of  salesmen,  advertising,  catalogues,  and/or  other 
sales  promotion  devices. 

Section  2.  The  Trade. — The  term  "  the  Trade  "  as  used  herein, 
shall  be  defined  to  mean  the  business  in  which  Wholesalers  or  Dis- 
tributors as  above  defined,  are  engaged. 

Section  3.  Divisional  Code  Authority. — The  term  "  Divisional 
Code  Authority  ".  as  used  herein,  shall  be  defined  to  mean  the  Divi- 
sional Code  Authority  for  the  Woolens  and  Trimmings  Distributing 
Trade,  a  Division  of  the  Wholesaling  or  Distributing  Trade. 

Section  4.  General  Code. — The  term  "  General  Code  ",  as  used 
herein,  shall  be  defined  to  mean  the  Code  of  Fair  Competition  for 
the  Wholesaling  or  Distributing  Trade. 

Section  5.  Woolens  and  Trimmings. — The  term  "  Woolens  and 
Trimmings  "  as  used  herein,  shall  be  defined  to  include  all  types  of 
woolens  and  tailors  trimmings  and  expendable  supplies,  customarily 
used  by  Merchant  Tailors. 

(324) 


325 

Section  6.  Merchant  TaAlors. — The  term  "  Merchant  Tailors  "  as 
used  herem,  includes  Merchant  Tailors,  Custom  Tailors,  Tailoring 
Departments  of  retail  or  department  stores  and  any  retail  establish- 
ment where  clothes  are  made  or  sold  to  the  individual  measurement. 

Section  7.  Season. — The  "  Spring  Season  "  as  used  herein,  is  de- 
fined as  commencing  January  1,  and  expiring  June  30th;  and  the 
"  Fall  Season "  is  defined  as  commencing  July  1  and  expiring 
December  31st. 

Article  III — Administration 

SUPPLEMENTING  ARTICLE  VI  OF  THE  GENERAL  CODE 

Section  1.  (a)  The  Divisional  Code  Authority  shall  consist  of 
seven  (7)  members  from  among  the  Trade  or  representatives  thereof, 
five  (5)  to  be  selected  by  the  Board  of  Directors  of  the  National 
Woolens  &  Trimmings  Association;  one  (1)  to  be  selected  by  the 
Pacific  Coast  Woolens  &  Trimmings  Association  and  one  (1)  to  be 
selected  by  the  Administrator,  to  represent  those  members  of  the 
Trade  who  are  not  members  of  either  Association. 

(b)  The  terms  of  office  of  members  of  the  Divisional  Code  Au- 
thority and  the  method  of  electing  their  successors,  either  for  full 
new  terms  or  for  unexpired  terms,  shall  be  established  in  the  Bj'-Laws 
of  the  Divisional  Code  Authority. 

Section  2.  Subject  to  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Administrator,  the  Divisional  Code  Authority  shall 
have  the  following  duties  and  powers  in  addition  to  those  prescribed 
in  the  General  Code : 

(a)  To  appoint  a  Trade  Practice  Committee  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other 
Codes  of  Fair  Competition  as  may  be  related  to  the  Trade,  except 
other  Supplemental  Codes  to  the  General  Code,  for  the  purpose  of 
formulating  fair  trade  practices  to  govern  the  relationship  between 
production  and  distribution  employers  under  this  Supplemental  Code 
and  under  such  others  to  the  end  that  such  fair  trade  practices  may 
be  proposed  to  the  Administrator  as  an  amendment  to  this  Supple- 
mental Code  and  such  other  Codes  of  Fair  Competition. 

(b)  To  organize,  elect  officers,  hire  emploj^ees,  and  perform  such 
other  acts  as  may  be  necessary  for  the  purposes  of  administration  of 
this  Supplemental  Code. 

(c)  To  adopt  By-Laws  and  rules  and  regulations  for  its  procedure. 

(d)  To  use  such  Trade  Associations  and  other  agencies  as  it 
deems  proper  for  the  carrying  out  of  any  of  its  activities  provided 
for  herein ;  provided  that  nothing  herein  shall  relieve  the  Divisional 
Code  Authority  of  its  duties  or  responsibilities  under  this  Supple- 
mental Code  and  that  such  Trade  Associations  and  Agencies  shall 
at  all  times  be  subject  to  and  comph'  with  the  provisions  hereof. 

(e)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions 
to  govern  members  of  the  Trade  in  their  relations  with  each  other  or 
with  other  trades,  measures  for  industrial  planning,  and  stabiliza- 
tion of  employment;  and  including  modifications  of  this  Supple- 
mental Code  which  shall  become  effective  as  part  hereof  upon  ap- 


326 

proval  by  the  Administrator  after  such  notice  and  hearing  as  he  may 
specify. 

(f)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  the  Supplemental 
Code.  In  addition  to  information  required  to  be  submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Code  Authority  mem- 
bers of  the  Trade  subject  to  this  Supplemental  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act,  to  such 
federal  and  state  agencies  as  he  may  designate ;  provided  that  noth- 
ing in  this  Supplemental  Code  shall  relieve  any  member  of  the  Trade 
of  any  existing  obligations  to  furnish  reports  to  any  governmental 
agency.  Xo  individual  report  shall  be  disclosed  to  any  other  member 
of  the  Trade  including  Members  of  the  Divisional  Code  Authority  or 
any  other  party  except  to  such  other  governmental  agencies  as  may 
be  directed  by  the  Administrator,  Xo  such  data  or  information 
shall  be  published,  except  in  combination  with  similar  data,  and  in 
such  manner  as  to  avoid  the  disclosure  of  confidential  information. 

Section  3.  It  being  found  necessary  in  order  to  support  the  Ad- 
ministration of  this  Supplemental  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  hereunder  and  to  effectuate  the 
policy  of  the  Act,  the  Divisional  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Trade; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Trade,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

Section  4.  Each  member  of  the  Trade  shall  pay  his  or  its  equita- 
ble contribution  to  the  expenses  of  the  maintenance  of  the  Divisional 
Code  Authority,  determined  as  hereinabove  provided,  and  subject 
to  rules  and  regulations  pertaining  thereto  issued  by  -the  Adminis- 
trator. Only  members  of  the  Trade  compl3dng  with  the  Code  and 
contributing  to  the  expenses  of  its  administration  as  hereinabove 
provided,  shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Divisional  Code  Authority  or  to  receive  the  benefits  of  any 
of  its  voluntary  activities  or  to  make  use  of  any  emblem  or  insignia 
of  the  Xational  Recovery  Administration. 

Section  5.  The  Divisional  Code  Authority  shall  neither  incur  nor 
pay  any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 


327 

Section  6.  Nothing  contained  in  this  Supplemental  Code  shall  con- 
stitute the  members  of  the  Divisional  Code  Authority  partners  for 
any  purpose  nor  shall  any  member  of  the  Divisional  Code  Authority 
be  liable  in  any  manner  to  anyone  for  any  act  of  any  other  member, 
officer,  agent,  or  employee  of  the  Divisional  Code  Authority.  Nor 
shall  any  member  of  the  Divisional  Code  Authority  exercising  rea- 
sonable diligence  in  the  conduct  of  his  duties  hereunder  be  liable  to 
an^^one  for  any  action  or  omission  to  act  under  this  Supplemental 
Code  except  for  his  OAvn  wilful  misfeasance  or  non-feasance. 

Section  7.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  Agency  thereof,  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Adminis- 
trator may  require  that  such  action  be  suspended  to  afford  an  oppor- 
tunity for  investigation  of  the  merits  of  such  action  and  for  further 
consideration  by  such  Divisional  Code  Authority  or  Agency,  pending 
final  action,  which  shall  not  be  effective  unless  the  Administrator 
approves  or  unless  he  shall  fail  to  disapprove  after  thirty  (30)  days' 
notice  to  him  of  intention  to  proceed  with  such  action  in  its  original 
or  modified  form. 

Section  8.  In  order  to  assist  in  making  effective  the  reports  from 
the  Trade  and  in  eliminating  unfair  competition,  the  Divisional 
Code  Authority  shall,  within  one  month  after  the  effective  date  of 
the  Supplemental  Code,  appoint  a  committee  so  constituted  as  to 
give  producer,  consumer,  and  governmental  representation,  to  make 
a  study  with  a  view  to  the  establishment  of  classifications  and  stand- 
ards of  quality  of  products  of  the  Trade,  wherever  such  standards 
are  deemed  feasible.  The  findings  and  recommendations  of  this 
committee  shall,  within  six  months,  be  submitted  to  the  Adminis- 
trator, and  after  such  hearings  and  investigations  as  he  may  desig- 
nate, and  upon  approval  b}^  him,  shall  be  made  a  part  of  this  Supple- 
mental Code  and  be  binding  upon  every  member  of  the  Trade. 

Article  IV — Trade  Practices 

supplementing  article  VII  or  the  general  code 

Section  1.  The  following  maximum  terms,  discounts  and  datings 
shall  prevail  and  any  violation  thereof  shall  be  deemed  a  violation 
of  this  Supplemental  Code : 

(a)  Maximum  terms  and  cash  discounts  shall  be  five  per  cent 
(5%),  ten  (10)  days;  three  per  cent  (3%),  forty  (40)  days;  net, 
sixty  (60)  da3^s. 

(b)  An  Order,  for  woolens  of  less  than  thirty  (30)  yards,  and/or 
an  order  for  trimmings,  the  total  purchase  price  of  which  is  less 
than  Seventy-five  Dollars  ($75.00),  shipped  prior  to  the  twenty- 
fifth  (25)  day  of  any  month,  may  be  dated  as  of  the  first  day  of 
the  following  month. 

(c)  An  Order,  for  woolens  of  less  than  thirty  (30)  yards,  and/or 
an  order  for  trimmings,  the  total  purchase  price  of  which,  is  less 
than  Seventy-five  Dollars  ($75.00),  shipped  on  or  after  the  twenty- 
fifth  (25)  day  of  any  month,  may  be  dated  as  of  the  first  day  of 
the  second  month  following. 

(d)  In  addition  to  the  dating  provided  for  in  paragraphs  (b), 
and  (c) ,  a  Stock  Order,  for  woolens  of  not  less  than  thirty  (30)  yards 

80835—34 16 


and/or  a  Stock  Order  for  trimmings  the  total  purchase  price  of 
which  is  not  less  than  Seventy-live  Dollars  ($75.0U)  shipped  at  one 
time  after  March  1st,  for  the  Spring  Season  and  after  September 
1st  for  the  Fall  Season,  may  carry  an  additional  thirt}^  (30)  days' 
dating. 

(e)  An  Advance  Order  for  woolens  of  not  less  than  thirty  (30) 
yards,  and/or  an  Advance  Order  for  trimmings,  the  total  pur- 
chase price  of  which  is  not  less  than  Seventy-Five  Dollars  ($75.00) 
placed  at  one  time  and  providing  for  one  specified  date  of  delivery, 
may  be  dated  April  1st  for  the  Spring  season  for  good^  shipped  on 
or  after  Januar}'  1st  of  such  season  and  October  1st  for  the  Fall 
season,  for  goods  shipped  on  or  after  July  1st  of  such  season. 

(f)  Members  of  the  Trade  shall  charge  interest  on  all  past 
due  accounts  at  the  rate  of  6%  per  annum,  unless  the  legal  rate 
be  lower,  in  which  case  such  lower  rate  shall  prevail.  Interest  shall 
be  computed  from  maturitj^  or  from  the  30th  day  after  maturity. 

(g)  The  rate  allovved  for  Anticipation  shall  not  be  in  excess  of 
six  per  cent  (6%)  per  annum. 

(h)  The  deduction  of  a  cash  discount  is  not  allowable  when  pay- 
inent  is  made  by  Note  or  Trade  Acceptance. 

Section  2.  There  shall  be  no  discrimination  in  the  price  of  woolens 
and  trimmings  to  Merchant  Tailors.  Goods  shall  be  quoted  or 
priced  on  a  net  basis  and  no  discounts  shall  be  allowed  therefrom 
except  discounts  for  cash  payment  provided  for  in  paragraph  (a) 
Section  1  of  this  Article. 

Provided,  however,  that  nothing  in  this  Section  shall  be  construed 
to  prevent  reasonable  and  fair  price  differentials  from  being  allowed 
on  the  basis  of  quantity  purchased  and/or  shipped  and/or  billed  at 
one  time  to  a  single  buyer  or  on  the  basis  of  such  other  factors  as  the 
Administrator  shall  deem  proper. 

Section  3.  It  shall  be  an  unfair  trade  practice  for  any  Whole- 
saler to  sell  or  offer  to  sell  woolens  and/or  trinnnings  at  such  prices 
or  upon  such  terms  or  conditions  of  sale  that  the  buyer  will  pay 
less  therefor  than  said  Wholesaler's  individual  cost.  Such  cost 
shall  include  the  actual  net  invoice  cost  of  the  woolens  or  trimmings 
to  the  Wholesaler  plus  transportation  cost  to  the  Wholesaler's  ware- 
house. Such  cost  shall  further  include  actual  wages  for  store  labor 
or  labor  involved  in  direct  handling  when  determined  in  accordance 
with  an  accounting  formula  to  be  determined  by  the  Divisional  Code 
Authority  and  approved  by  the  Administrator.  Nothing  herein  con- 
tained shall  be  construed  to  permit  the  Divisional  Code  Authority, 
any  agent  thereof,  or  any  member  of  the  Trade  to  suggest  uniform 
additions,  percentages  or  differentials  or  other  uniform  items  of  cost 
which  are  designed  to  bring  about  arbitrary  uniformity  of  costs  or 
prices. 

Nothing  contained  in  the  above  paragraph  shall  be  interpreted  to 
prevent  the  sale  below  cost  at  prices  necessary  for  their  disposal  of 
discontinued  lines  from  previous  selling  seasons,  surplus  merchan- 
dise accumulated  from  previous  selling  seasons,  or  damaged  mer- 
chandise, or  forced  liquidation  of  current  stocks  clue  to  financial  em- 
barrassment, provided  that  in  such  cases  of  forced  liquidation  the 
approval  of  the  Divisional  Code  Authority,  subject  to  the  disap- 
proval of  the  Administrator,  must  be  secured  before  such  sale  may 


329 

be  made,  and  the  member  of  the  Trade  shall  certify  that  he  is  acting 
in  good  faith.^ 

Section  4.  No  goods  shall  be  delivered  on  consignment  except 
where  the  Divisional  Code  Authority  may  allow  under  circumstances 
to  be  denned  by  it.  Goods  shall  not  be  delivered  on  a  sale  or  return 
basis  nor  shall  goods  be  delivered  upon  memorandum  or  for  display 
or  otherwise  for  the  purpose  of  evading  the  terms  of  this  provision. 
Nothing  in  this  section  shall  be  construed  to  prohibit  the  delivery 
of  samples  not  exceeding  sixty-five  (65)  square  inches  in  size. 

Section  5.  (a)  All  woolen  lengths  based  on  a  fifty-six  inch  (56") 
width  or  over,  on  double  width  six-quarters  (6/4)  goods  and  on  a 
twenty-eight  inch  (28")  width  or  over  on  single  width  three-quar- 
ters {%)  goods,  must  be  measured  not  to  exceed  thirty-seven  inches 
(37")  to  the  yard.  All  linings  shall  be  measured  not  to  exceed 
thirty-six  inches  (36")  to  the  yard. 

(b)  No  claim  may  be  allowed  for  short  measure  for  anj'  lengih 
delivered  measin-ing  thirty-six  inches  (36")  to  the  yard  before  being- 
shrunk. 

(c)  No  allowances  for  short  measure  shall  be  made  after  the  goods 
are  cut  by  the  purchaser. 

Section  6.  Nothing  contained  in  this  Supplemental  Code  shall  be 
construed  as  preventing  the  establishment  of  higher  prices  for  pur- 
chases from  samples  than  for  purchases  for  stock. 

Section  7.  It  shall  be  an  unfair  trade  practice  for  members  of 
the  Trade  to  give  special  personal  use  discounts,  lower  prices,  gratui- 
ties, or  other  merchandise  to  any  Merchant  Tailor,  or  any  employee 
of  any  Merchant  Tailor. 

Article  V — jModification 

This  Supplemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President,  in  accordance 
with  the  provisions  of  sub-section  (b)  of  Section  10  of  the  Act, 
from  time  to  time,  to  cancel  or  modify  any  order,  approval,  license, 
rule  or  regulation  issued  under  Title  I  of  said  Act. 

Article  VI — Effecti\'e  Date 

This  Supplemental  Code  shall  become  effective  on  the  10th  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  14. 
Registry  No.  286-02. 


^  Stayed — See  paragraph  2  of  order  approving  this  Code. 


Approved  Code  No.  244 — Supplement  No.  19 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

HEATING,  PIPING,  AND   AIR  CONDITIONING 
CONTRACTORS'  INDUSTRY 

As  Approved  on  July  25,  1934 


ORDER 


SUPPLEMEXTARY     CoDE     OF     FaIR     CoMPETITTOX     FOR     THE     HeATIXG, 

Piping,  and  Air  Conditioning  Contractor's  Industry 
a  division  of  the  construction  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  In- 
dustrial Recovery  Act,  approved  June  16.  1933,  and  pursuant  to  and 
in  full  compliance  with  the  provisions  of  Section  5  of  Article  VIII 
of  Chapter  I  of  the  Code  of  Fair  Competition  for  the  Construction 
Industry,  approved  January  31,  1934,  for  approval  of  Chapter  XVI 
of  said  Code,  which  Chapter  XVI  is  applicable  to  the  Heating, 
Piping  and  Air  Conditioning  Contractors'  Division  of  the  Con- 
struction Industry,  and  hearings  having  been  held  thereon  and  the 
annexed  report  on  said  Code,  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A.  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Chapter  complies  in  all  re- 
spects with  the  pertinent  provisions  and  will  promote  the  policy  and 
purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that  said 
Chapter  XVI  be  and  it  is  hereby  approved  and  that  the  previous 
approval  of  said  Code  of  Fair  "Competition  for  the  Construction 
Industry  is  hereby  modified  to  include  an  approval  of  said  Code  in 
its  entirety  as  supplemented  by  said  Chapter  XVI; 

Provided^  however^ 

(1)  That  with  reference  to  the  provisions  of  Section  1  of  Article 
II,  the  approval  herein  given  is  on  condition  that  the  Administrator 
may  review  or  reconsider  the  provisions  of  said  section  at  any  time 
within  a  period  of  one  hundred  and  eighty   (180)   days  from  the 

(331) 


OOf) 


effectiA'e  date  of  this  Chapter,  and.  upon  the  basis  of  such  reports, 
studies  or  hearings  as  he  may  obtain  or  conduct,  may  require  such 
modification  of,  or  make  such  determination  ^^ith  respect  to,  the  pro- 
visions of  this  section  as  he  shall  by  his  further  order  direct;  and 
provided  further,  that  if  it  shall  be  represented  to  the  Administrator 
and  he  shall  determine  that  the  provisions  of  this  section  impose  un- 
due hardship  upon  employers  or  employees  or  both,  -within  any  region 
or  locality,  he  may  at  any  time  grant  such  stay  of  or  exemption 
from  the  provisions  of  this  section  within  such  region  or  locality 
as  he  may  determine  is  necessary  to  effectuate  the  policy  declared 
by  Title  I  of  the  National  Industrial  Recover}'^  Act; 

(2)  That  ■with  reference  to  the  provisions  of  Article  I,  relating 
to  the  definition,  the  approval  herein  given  is  on  condition  that 
the  provisions  of  this  Article  be  reviewed  or  reconsidered  upon  due 
notice  and  public  hearing  within  a  period  of  sixty  (GO)  days  after 
the  effective  date  of  this  Chapter  and  upon  the  basis  of  such  hearing 
and  for  the  purpose  of  elimination  of  duplication  of  administrative 
facilities  or  operations  or  jurisdiction,  the  Administrator  may  re- 
Cjuire  such  modification  of  or  make  such  other  determination  with 
respect  to  the  provisions  of  this  Article  or  his  approval  of  this 
Code  as  he  shall  by  his  further  order  direct;  and.  provided  further, 
that  if  it  shall  be  represented  to  the  Administrator  and  he  shall 
determine  that  the  provisions  of  this  Article  impose  undue  hard- 
ship upon  any  member  of  the  industry  within  any  region  or  locality 
or  to  any  class  of  members  of  the  industry  he  may  at  any  time  grant 
such  stay  of  or  exemption  from  this  Code  as  he  mRj  determine  is 
necessary  to  effectuate  the  policy  declared  by  Title  I  of  the  National 
Industrial  Recovery  Act; 

(3)  That  with  reference  to  the  provisions  of  paragraph  (d), 
Article  TV.  the  approval  herein  given  is  on  condition  that  the  Ad- 
ministrator may  review  or  reconsider  the  provisions  of  said  para- 
graph within  a  period  of  ninety  (90)  days  after  the  effective  date  of 
this  Chapter,  and  upon  the  basis  of  such  reports,  studies  or  hearing 
as  he  may  obtain  or  conduct,  may  require  such  modification  of,  or 
make  such  other  determination  with  respect  to,  the  provisions  of 
this  paragraph  as  he  shall  by  his  further  order  direct;  and,  provided 
further,  that  the  Divisional  Code  Authority  for  said  Chapter  shall 
cause  a  survey  to  be  made  with  reference  to  the  provisions  of  said 
paragraph  and  shall  furnish  statistics  and  other  information  per- 
taining thereto,  and  such  other  information  as  may  be  required  by 
the  Administrator,  to  the  Administrator  within  ninety  (90)  days 
after  the  effective  date  of  said  Chapter,  and  that  on  the  basis  of  such 
information  or  otherwise,  the  Administrator  may  thereupon  order 
the  approval,  modification  or  deletion  of  said  paragraph  as  afore- 
said. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Geo.  L.  Berry. 

Division  A dministrator. 

Washington.  D.C, 

July  26,  193^. 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Heating,  Piping  and  Air  Condition- 
ing Contractors  Chapter  of  the  Code  of  Fair  Competition  for  the 
Construction  Industry  which  is  described  as  Chapter  I  and  which 
was  approved  by  you  on  January  31,  1934. 

This  Chapter  is  a  revision  after  a  public  hearing  conducted  in 
Washington,  D.C.  on  September  11,  1933,  and  reconvened  hearings 
conducted  in  Washington,  D.C.  on  April  12  and  April  26,  1934,  in 
accordance  with  the  provisions  of  the  National  Industrial  Recovery 
Act.  This  Chapter  amplifies  Chapter  I  and  is  designated  Chapter 
XVI.  It  applies  specitically  to  the  Heating,  Piping  and  Air  Con- 
ditioning Contractors  Division  of  the  Construction  Industry. 

PROVISIONS   FOR   HOURS    AND   WAGES 

In  addition  to  the  hour  and  wage  provisions  of  Chapter  I  of 
the  Construction  Industry  Code,  as  approved  by  you  on  January 
31,  1934,  this  Chapter  XVI  provides  a  minimum  wage  of  not  less 
than  $1.20  per  hour  for  journeymen  steamfitters  in  the  Northern 
Zone,  as  defined  in  this  Chapter;  not  less  than  $1.10  per  hour  in  the 
Central  Zone,  as  defined  in  this  Chapter ;  not  less  than  $1.00  per  hour 
in  the  Southern  Zone,  as  defined  in  this  Chapter;  and  in  all  zones, 
as  defined  in  this  Chapter,  that  not  less  than  $12.00  per  week  shall 
be  paid  apprentices.  The  wage  scale  provided  by  this  Chapter  for 
journeymen  steamfitters  is  identical,  both  as  to  zones  and  as  to  wages 
for  skilled  workers,  with  the  corresponding  provisions  of  the  Plumb- 
ing Contracting  Division  of  the  Construction  Industry  Code,  ap- 
proved b}^  you  May  15,  1934. 

ECONOMIC  EFFECT  OF  THE  CODE 

According  to  the  statistical  analysis  of  the  Division  of  Research 
and  Planning,  the  total  volume  of  work  in  this  Division  of  the  Con- 
struction Industry  in  1929  amounted  to  approximately  $500,000,000. 
In  1932  this  volume  of  work  had  dropped  to  about  $196,000,000.  Ac- 
cording to  the  information  supplied  by  the  sponsors  of  this  Chapter, 
the  aggregate  volume  of  business  in  1933  amounted  to  $73,179,000. 
In  1929,  according  to  the  statistical  analysis  of  the  Division  of  Re- 
search and  Planning,  this  Division  of  the  Construction  Industry 
employed  84.500  workers;  in  1933,  31,900  workers. 

It  is  reasonable  to  suppose  that  with  the  establishment  of  higher 
uniform  rates  of  pay,  the  limitation  of  the  hours  of  work,  and  the 
prohibition  of  unfair  trade  practices,  both  employers  and  employees 
in  this  Industry  will  be  materially  benefited  without  detriment  to  the 
consumer. 

(333) 


334 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Heat- 
ing. Piping  and  Air  Conditioning  Contractors  Cliapter  of  the  Code 
of  Fair  Competition  for  the  Construction  Industry,  having  found  as 
herein  set  forth  and  on  the  basis  of  all  the  proceedings  in  this  matter ; 

I  lind  that : 

(a)  Said  Heating,  Piping  and  Air  Conditioning  Contractors 
Chapter  and  said  Code  of  Fair  Competition  for  the  Construction  In- 
dustry, as  supplemented  by  said  Heating,  Piping  and  Air  Condition- 
ing Contractors  (^hapter,  are  well  designed  to  promote  the  policies 
and  purposes  of  Title  I  of  the  National  Industrial  Recovery  Act,  in- 
cluding removal  of  obstructions  to  the  free  flow  of  interstate  and  for- 
eign commerce  which  tend  to  diminish  the  amount  thereof  and  will 
provide  for  the  general  welfare  by  promoting  the  organization  of 
industrv  for  the  purpose  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintaining  united  action  of  labor  and  man- 
agement under  adequate  governmental  sanctions  and  superA'ision,  by 
eliminating  imfair  competitive  practices,  by  promoting  the  fullest 
possible  utilization  of  the  persent  productive  capacity  of  ndustres,  by 
avoiding  undue  restriction  of  production  (except  as  may  be  tempo- 
rarily required),  by  increasing  the  consumption  of  industrial  and 
agrcultural  products  through  increasing  purchasing  power,  by  re- 
ducing and  relieving  unemployment,  by  improving  standards  of  labor, 
and  by  otherwise  rehabilitating  industry. 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees: and  is  not  classified  by  me  as  a  major  industry. 

(c)  Said  Heating.  Piping  and  Air  Conditioning  Contractors  Chap- 
ter and  the  Code  of  Fair  Competition  for  the  Construction  Industry, 
as  supplemented  by  said  Heating,  Piping  and  Air  Conditioning  Con- 
tractors Chapter,  as  approved  comply  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,  and 
Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant  associa- 
tion is  an  industrial  association  truly  representative  of  the  aforesaid 
Industry;  and  that  said  Association  imposes  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

(d)  Said  Heating,  Piping  and  Air  Conditioning  Contractors 
Chapter  and  the  Code  of  Fair  Competition  for  the  Construction  In- 
dustry, as  supplemented  by  said  Heating,  Piping  and  Air  Condition- 
ing Contractors  Chapter  are  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  Said  Heating,  Piping  and  Air  Conditioning  Contractors 
Chapter  and  the  Code  of  Fair  Competition  for  the  Construction  In- 
dustry, as  supplemented  by  said  Heating,  Piping  and  Air  Condi- 
tioning Contractors  Chapter,  are  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  am)roval  of  said 
Heating,  Piping  and  Air  Conditioning  Contractors  Chapter  and  of 
said  Code,  as  supplemented  by  this  Heating,  Piping  and  Air  Condi- 
tioning Contractors  Chapter  thereof. 


335 

For  these  reasons,  therefore,  I  have  approved  said  Heating,  Piping 
and  Air  Conditioning  Contractors  Chapter  of  the  Code  of  Fair  Com- 
petition of  the  Construction  Industry. 
Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
July  25,  1934. 


Chapter  XVI 

SUPPLEMEXTARY  CODE  OF  FAIR  COMPETITIOX  FOR 
THE  HEATIXG.  PIPING,  AXD  AIR  COXDITIOXIXG  COX- 
TRACTORS'  DIVISION  OF  THE  CONSTRUCTION  IN- 
DUSTRY 

Article  I — Definitions^ 

Section  1.  (a)  The  term  "  Heatino;,  Piping,  and  Air  Conditioning 
Contractors  Division  ",  or  "  this  division  ",  as  used  herein  shall  in- 
clude the  furnishing  and  installing  of  systems,  or  parts  thereof,  for 
steam  and  hot  water  heating,  ventilating,  refrigeration,  air  condi- 
tioning, power  piping,  industrial  process  piping,  sprinkler  piping, 
temperature  control  piping,  high  and  Ioav  pressure  boilers,  stokers, 
oil  burning  units,  pneumatic  jiiping,  hydraulic  power  piping,  and  all 
apparatus,  appurtenances  and  piping  systems  in  connection  there- 
with, regardless  of  whether  sucli  piping  conveys  steam,  water,  air, 
brine,  ammonia,  oil  or  other  fluids  or  other  commercial  products,  or 
l^roducts  in  course  of  manufacture;  and 

(b)  pipe  covering  and  painting  when  required  bv.  and  included  in, 
the  contract  for  any  of  the  services  or  operations  described  in  para- 
gra]:)li  (a)  of  this  section,  and  not  performed  under  sub-contract  let 
by  a  member  of  this  division;  and 

(c)  sheet  metal  work  when  required  by.  and  included  in,  the  con- 
tract for  any  of  the  services  or  operations  described  in  paragraph 
(a)  of  this  section,  and  not  performed  under  a  sub-contract  let  by 
a  member  of  this  division;  provided,  however,  that  the  work  de- 
scribed in  this  paragraph  shall  be  performed  under  conditions  no 
less  stringent  than  prescribed  in  any  Chapter  of  this  code  relating 
to  Roofing  and  Sheet  Metal  Contractors,  and  provided  further  that 
no  bids  for  such  work  shall  be  submitted  under  such  Chapter  or  any 
assessment  be  charged  thereunder  against  members  of  the  Heating, 
Piping,  and  Air  Conditioning  Contractors  Division. 

(d)  such  branches  or  subdivisions  of  the  services  or  operations 
included  in  paragraphs  (a),  (b)  and  (c)  of  this  section  as  may  from 
time  to  time  be  included  under  the  provisions  of  this  Chapter. 

(e)  the  provisions  of  this  Chapter  shall  not  apply  to  any  of  the 
operations  above  mentioned  when  performed  ])y  a  manufacturer  on 
his  own  premises  and  by  his  own  employees  and  not  for  compensa- 
tion or  hire  but  for  such  manufacturer's  own  use  within  the  scope  of 
such  manufacturer's  industry,  as  defined  in  the  approved  code  of 
such  industr}^,  provided,  however,  that  such  operations  are  confined 
to  repair  and  maintenance  items  chargeable  to  operating  expenses 
and  to  minor  items  of  replacement  chargeable  to  capital  expendi- 
tures.    Nor  shall  the  provisions  of  this  Chapter 'apply  to  the  super- 

'  S.  e  paragraph  2   (2)   of  order  approving  tliis  Code. 

(336) 


vision  by  supervisors  and  specially  trained  technicians  at  tlie  site  in 
connection  with  the  installation  of  a  manufacturer's  product,  pro- 
vided such  services  are  required  to  safeguard  the  manufacturer's  re- 
sponsibility for  the  performance  of  such  product. 

Section's.  The  words  "  sprinkler  piping  •'  as  used  in  this  Article 
shall  be  construed  as  not  including  the  installation  of  automatic 
sprinkler  equipment  for  fire  protection  purposes,  as  such  installations 
are  under  the  jurisdiction  of  the  Automatic  Sprinkler  Code. 

Sectiion  3.  Home-owners  and  householders,  including  farmers, 
shall  not  be  deemed  to  be  included  within  the  definition  contained  in 
Section  1  in  their  performance  individually  or  by  their  permanent 
servants  or  other  help  of  like  character  on  their  home  premises  of 
any  services  described  in  such  definition :  nor  shall  any  such  person, 
orany  building  owner  or  tenant,  performing  such  services  by  his 
permanent  employees  and  not  for  hire  on  or  in  buildings  or  structures 
owned  or  occupied  by  him,  be  deemed  to  be  included  in  such 
definition. 

The  terms  "  permanent  employees  "  and  ''  permanent  servants  "  as 
used  in  this  section  mean  and  include  any  employee  or  servant  who 
is  given  regular  and  continuous  employment  for  a  period  of  not  less 
than  six  (6)  months. 

Section  4.  The  term  '*  combination  bid  "  is  herein  defined  as  any 
bid  including  any  work  within  this  division,  together  with  work  not 
within  this  division. 

Section  o.  The  term  "Association  "  as  used  herein  shall  mean  the 
Heating,  Piping  and  Air  Conditioning  Contractors  National  Asso- 
ciation. 

Section  6.  The  term  "journeyman  steamfitter  "  is  herein  defined 
to  mean  any  employee  qualified  by  examination  who  has  served  at 
least  five  years  as  a  learner  in  the  steamfitting  trade  (either  as  an 
apprentice  or  helper). 

Section  7.  The  term  "  apprentice  "'  is  herein  defined  as  a  learner 
of  the  steamfitting  trade  who  is  undergoing  a  definite  course  of  train- 
ing, which  when  completed  will  make  him  a  journeyman  steamfitter. 

Article  II — Hours.  Wages  and  Conditions  or  Eimflgymiint 

Section  1.  (a)  In  the  Northern  Zone,  no  journeyman  steamfitter 
shall  be  paid  less  than  $1.20  per  hour;  in  the  Central  Zone,  no  jour- 
neyman steamfitter  shall  be  paid  less  than  $1.10  per  hour:  in  tlie 
Southern  Zone,  no  journeyman  steamfitter  shall  be  paid  less  than 
$1.00  per  hour,  and  in  all  zones,  no  apprentice  shall  be  paid  less  than 
$12.00  per  week. 

(b)  The  Northern  Zone  shall  consist  of:  Maine,  New  Hampshire, 
Vermont,  INIassachusetts,  Rhode  Island,  Connecticut,  New  York, 
New  Jersey,  Indiana,  Wisconsin,  ]Minnesota,  Nebraska,  Wyoming, 
Oregon,  South  Dakota,  Idaho.  Pennsylvania.  Ohio,  Michigan,  Illi- 
nois. Iowa,  North  Dakota,  Montana  and  Washington. 

(c)  The  Southern  Zone  shall  consist  of:  South  Carolina,  Geor- 
gia, Florida,  Arkansas,  Alabama,  Mississippi,  Louisiana,  Arizona, 
Oklahoma,  Texas  and  New  JSIexico. 

(d)  The  Central  Zone  shall  consist  of:  Delaware,  Maryland,  Vir- 
ginia, Tennessee,  Colorado,  Utah,  California,  North  Carolina,  West 


Virginia.  Kentucky.  Missouri.  Kansas,  Nevada  and  District  of 
Columbia. - 

Section  '2.  Watchmen  shall  not  be  permitted  to  Avork  more  than 
fifty-six  (oG)  hours  per  ■week. 

Section  3.  Employees  engaged  in  professional,  executive,  or  super- 
visory Avork  are  exempt  from  the  provisions  relating  to  hours  and 
wages  of  Chapter  I  and  of  this  Chapter  onh^  when  receiving  over 
thirty-five  dollars  ($35.00)  per  week. 

Section  4.  Xo  employee  shall  be  paid  at  a  lower  rate  of  wages 
than  provided  in  Chapter  I  of  this  Code. 

Section  5.  (a)  All  wages  due  shall  be  payable  Aveekly  in  lawful 
currency  or  by  negotiable  check.  These  Avages  shall  be  exempt  from 
any  payment  for  pensions,  insurance  or  sick  benefits  other  than  those 
voluntarily  paid  by  employees.  EmploA'ers  or  their  agents  shall  not 
accept,  directly  or  indirectly,  rebates  on  such  w^ages  or  give  anything 
of  value  nor  extend  any  favors  to  any  person  for  the  purpose  of 
influencing  rates  of  wages  or  Av'orking  conditions  of  their  employees. 

The  provisions  of  this  section  regarding  payment  of  wages  at  the 
end  of  each  weekly  period  shall  not  apply  to  persons  employed  in  a 
managerial  or  executive  capacity  who  earn  not  less  than  thirty-five 
dollars  ($35.00)  per  week,  nor  to  persons  employed  in  clerical  or 
office  Avork.  who  shall  be  paid  at  the  end  of  pay  periods  not  to  exceed 
monthly  periods. 

(b)  Every  employer  shall  make  reasonable  provisions  for  the 
safety  and  health  of  his  employees  at  the  place  and  during  the  hours 
of  their  employment.  Standards  for  safety  and  health  shall  be  sub- 
mitted by  the  Divisional  Code  Authority  to  the  Administrator  as 
soon  as  practicable  after  the  effectiA'e  date  of  this  Code. 

Section  6.  No  member  of  this  Division  shall  directly  or  indirectly 
sublet  (whether  by  the  practice  knoAvn  as  "lumping"  of  labor  or 
other Avise)  to  any  employee,  other  journeyman,  helper  or  laborer, 
solely  the  labor  services  Avithin  the  scope  of  this  Chapter. 

In  no  case  shall  a  member  of  this  Division  avoid  or  evade  the  labor 
provisions  of  this  Chapter  by  contracting  his  work  to  any  person  or 
persons  subject  to  labor  provisions  less  stringent  than  those  provided 
in  this  Chapter. 

Article  III — Administration 

Section  1.  (a)  A  DiA'isional  Code  Authority  is  hereby  constituted 
to  administer  this  Code  within  this  Division.  The  Divisional  Code 
Authority  shall  consist  of  eleA^en  (11)  indiA'iduals,  or  such  other 
number  as  may  be  approved  from  time  to  time  by  the  Administrator. 

(b)  SeA'en  (7)  members  of  the  Divisional  Code  Authority  shall 
be  members  or  rejoresentatives  of  the  Association,  appointed  by  its 
Board  of  Directors.  The  four  (4)  remaining  members  shall  be  ini- 
tially selected  on  a  fair  basis  from  non-members  of  the  Association 
within  this  Division  by  the  Board  of  Directors,  subject  to  review 
by  the  Administrator,  the  said  non-members  to  serve  until  their  suc- 
cessors shall  haA'e  been  selected  (by  a  method  of  selection  satisfactory 
to  and  approA'ed  by  the  Administrator),  by  the  members  of  this 
Division  Avho  are  not  members  of  the  Association. 


-See  paragraph  2   (1)   of  order  approving  this  Code. 


339 

(c)  After  said  Divisional  Code  Authority  has  been  duly  estab- 
lished,  the  members  thereof  may,  in  manner  and  form  required  by 
law,  incorporate  in  the  State  where  the  interests  of  said  body  are 
best  served,  provided,  however,  that  said  corporation  is  not  organized 
for  profit. 

Section  2.  Review  of  Acts  of  Code  Authorities.— li  the  Adminis- 
trator shall  determine  that  any  action  of  the  Divisional  Code  Author- 
ity or  any  agency  thereof  may  be  unfair  or  unjust  or  contrary  to  the 
public  interest,  the  Administrator  may,  to  the  extent  of  his  power 
under  the  Act,  require  that  such  action  be  suspended  to  afford  an 
opportunity  for  investigation  of  the  merits  of  such  action  and  further 
consideration  by  the  Divisional  Code  Authority  or  agency  pending 
final  action  which  shall  not  be  effective  unless  the  Administrator 
approves  or  unless  he  shall  fail  to  disapprove  after  thirty  days'  notice 
to  him  of  intention  to  proceed  with  such  action  in  its  original  or 
modified  form. 

Section  3.  It  being  found  necessary,  in  order  to  support  the  admin- 
istration of  this  Chapter  and  to  maintain  the  standards  of  fair  com- 
petition established  by  this  code  and  to  effectuate  the  policies  of 
the  Act,  the  Divisional  Code  Authority  is  authorized,  subject  to  the 
approval  of  the  Administrator: 

(a)  to  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which  shall 
be  held  in  trust  for  the  purposes  of  this  Chapter. 

(b)  to  submit  to  the  Administrator  for  his  approval  within  4:hirty 
days  after  the  effective  date  of  this  Divisional  Chapter,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary, 
(1)  an  itemized  budget  of  the  estimated  expenses  for  the  foregoing 
purposes  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  this 
division. 

(c)  after  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  secure  equitable  contributions 
as  above  set  forth  by  all  such  members  of  this  division,  and  to  that 
end,  if  necessary,  to  instigate  legal  proceedings  thereunder  in  its  own 
name,  provided,  however,  that  a  member  of  this  division  shall  be 
deemed  in  violation  of  this  code  onl}"  if  he  fails  to  pay  such  assess- 
ment after  thirty  days  of  the  receipt  of  the  notice  of  assessment. 

Section  4.  Only  members  of  the  division  complying  with  this  code 
and  contributing  to  the  expenses  of  the  administration  of  this  Chap- 
ter as  provided  in  Section  3  of  this  Article  shall  be  entitled  to  partici- 
pate in  the  selection  of  the  members  of  the  Divisional  Code  Author- 
ity or  to  receive  the  benefits  of  its  voluntary  activities  or  to  make  use 
of  any  emblem  or  insignia  of  the  National  Recovery  Administration, 
After  the  requirements  of  the  Administrator  have  been  complied 
with,  non-payment  by  a  member  of  this  division  of  an  equitable 
share  of  the  costs  of  code  administration  to  the  Divisional  Code 
Authority  or  to  its  pro^^erly  authorized  agency,  constitutes  a  viola- 
tion of  this  code. 


340 
Article  IV — Fair  Trade  Practice  Regulations 

The  followintr  provisions  are  adopted  as  rules  of  Fair  Trade 
Practice  for  members  of  this  division,  and  any  violation  of  said  rules 
shall  constitute  an  unfair  method  of  competition  and  a  violation  of 
this  Code : 

(a)  Xo  member  of  this  Division  shall  induce  or  attempt  to  induce 
the  breach  of  a  contract  between  a  competitor  and  his  customer, 
provided  that  nothing  in  this  rule  shall  be  taken  to  prevent  a  mem- 
ber of  this  Division  -who  has  quoted  upon  the  plans  and/or  speci- 
fications involved  from  calling  to  the  attention  of  the  purchaser,  with 
the  approval  of  the  Divisional  Code  Authority,  even  though  contract 
has  been  made,  that  the  plans  and/or  specifications  upon  which  the 
contract  has  been  awarded  or  the  work  as  being  installed  do  or  does 
not  conform  in  quantity  or  quality  to  the  plans  and/or  specifications 
on  which  the  interested  member  of  this  division  has  quoted. 

(b)  Xo  member  of  this  Division  shall  advertise,  name,  mark  or 
bill  materials,  fixtures,  apparatus,  or  installations  as  to  quantity  or 
quality  in  any  manner  which  is  intended  to  or  does  mislead  or 
deceive  purchasers. 

(c)  Xo  member  of  this  Division  shall  receive,  pay  or  allow  secret 
rebates,  refunds,  credits  or  unearned  discounts,  whether  in  the  form 
of  money  or  otherwise,  or  extend  to  certain  purchasers  confidential 
l^rices.  special  service,  or  privileges  not  specifically  mentioned  in  his 
original  specifications. 

(d)  Xo  member  of  this  Division  shall  agree  to  furnish  or  sell 
labor,  materials,  fixtures,  apparatus  or  installations  for  any  job  at 
less  than  the  estimated  cost  thereof.  In  connection  with  this  rule 
estimated  cost  is  defined  as  the  sum  of  the  estimated  cost  of  labor 
including  liability  and  compensation  insurance,  and  cost  of  material 
including  freight  and  cartage,  filing  fees  and  any  other  direct  expense 
applicable'  to  the  job  and  an  amount  for  overhead.  The  amount  for 
overhead  shall  not  be  less  than  twelve  and  one-half  percent  (121/2 %) 
of  the  combined  cost  of  labor  including  liability  and  compensation 
insurance,  and  the  cost  of  material  including  freight  and  cartage.  It 
shall  be  a  defense  to  any  charge  of  violation  of  this  paragraph  if  the 
23arty  charged  shall  satisfy  the  Administrator  that  his  bid  was  not 
less  than  the  estimated  costs  of  any  other  member  of  the  industr3\^ 

(e)  Xo  member  of  this  Division  shall  substitute  any  materials, 
fixtures,  apparatus  or  installations  for  the  kind  specified  without 
written  approval  of  the  engineer  or  architect  if  any,  and  the 
purchaser. 

(f)  Xo  member  of  this  Division  shall  give,  permit  to  be  given, 
or  directly  offer  to  give,  anything  of  value  for  the  purpose  of  influ- 
encing or  reAvarding  the  action  of  any  employee,  agent  or  representa- 
tive of  another  relation  to  the  business  of  the  employer  of  such  em- 
ployee, the  principal  of  such  agent  or  the  represented  part}'^,  without 
the  knowledge  of  such  employer,  principal  or  party.  Commercial 
bribery  })rovisions  shall  not  be  construed  to  prohibit  free  and  general 
distribution  of  articles  commonly  used  for  advertising  except  so  far 
as  such  articles  are  actually  used  for  commercial  bribery  as  herein- 
above defined. 


•See  paragraph  2   i  3)   of  order  approving  tliis  Code. 


341 

(g)  Xo  member  of  this  Division  shall  make  or  cause  to  be  made 
or  iDublished.  any  statement  which  is  false  or  inaccurate,  in  any 
material  particular,  concerning  the  goods,  prices,  values,  credit  terms, 
jjolicies  or  services  of  a  competitor. 

(h)  No  member  of  this  Division  shall  accept  or  give  securities, 
bonds,  mortgages,  stock,  promissory  notes,  or  other  personal  or  real 
property,  as  whole  or  part  payment  for  work  or  material,  at  other 
than  its  fair  market  value,  to  be  determined  in  doubtful  cases,  by 
indeiDendent  and  competent  appraisal. 

(i)  Second  hand  material,  obsolete  or  outmoded  material  shall  be 
offered  and  installed  only  as  such. 

(j)  No  member  of  this  Division  shall  furnish  plans  and/or  speci- 
fications for  installation  of  work  covered  by  this  Code,  for  use  of 
any  owner  or  owners  or  his  or  their  representative  for  the  purpose 
of  taking  competitive  bids,  except  in  accordance  with  the  provisions 
of  the  Construction  Industry  Code  (in  Chapter  I  or  in  an  Engi- 
neering Division  Chapter)  which  take  jurisdiction  over  Engineering. 

(k)  No  member  of  this  Division  when  as  an  individual  using  the 
tools  of  the  trade  shall  Avork  a  greater  number  of  hours  or  charge 
for  his  services  a  lower  hourly  rate  than  provided  for  in  Chapter  I 
or  in  this  Chapter. 

(1)  To  protect  the  public  against  inadequate  installations,  mem- 
bers of  this  Division  shall  install  all  work  in  accordance  with  the 
applicable  municipal  or  state  law  then  existing  and,  Avhere  not  con- 
flicting therewith,  in  accordance  with  the  published  Engineering 
Standards  of  the  Association,  except  where  otherwise  required  by 
definitely  prepared  plans  and  written  specifications  furnished  by  the 
owner  or  his  authorized  representative.  When  the  welding  process 
is  used  the  Avork  shall  be  done  in  accordance  with  the  Welding  Stand- 
ards and  Specifications  of  the  Association.  The  standards  of  the 
Association  mentioned  in  this  paragraph  shall  not  be  binding  upon 
members  of  the  industry  until  approved  by  the  Administrator. 

(m)  No  member  of  this  Division  shall  place  (for  the  same  ma- 
terial for  a  specific  job  for  which  he  has  the  contract)  blanket  orders 
or  future  delivery  contracts  with  more  than  one  concern  when  the 
total  so  ordered  is  in  excess  of  the  material  estimated  to  be  required 
for  such  job.  Future  delivery  orders  or  contracts  for  specific  jobs 
shall  contain  sufficient  information  to  identify  definitely  the  job  for 
which  the  orders  are  placed. 

(n)  No  member  of  this  Division  shall  be  a  party  to  the  unfair 
practice  of  "  bid  peddling  "  or  "  bid  shopping  "  as  defined  in  Chapter 
I  hereof. 

(o)   In  competitive  bidding,  the  following  rules  shall  apply: 

(o-l)  No  member  of  this  Division  shall  submit  bids  to  anyone  not 
bound  by  this  Code  unless  he  expressly  agrees  to  comply  with  the 
regulations  governing  an  awarding  authority  provided  in  Article 
VII  of  Chapter  I  hereof. 

(o-2)  In  order  to  provide  a  check  on  the  accuracy  and  fairness 
of  estimates,  any  member  of  this  Division  bidding  on  any  job 
amounting  to  two  hundred  and  fifty  dollars  ($250.00)  or  more  shall 
simultaneously  with  the  submitting  of  bid  or  bids  file  copies  of  his 
bid  or  bids  and  all  revisions  thereof  with  an  impartial  depository 
designated  by  the  Divisional  Code  Authority  or  its  authorized  repre- 


342 

sentative;  the  same  to  be  kept  sealed  and  confidential  until  twenty- 
four  (24)  hours  after  the  bids  are  due  or  until  after  the  letting  of 
the  contract,  following  which  the  low  or  successful  bid  only  may  be 
disclosed  to  the  bidders,  except  that  a  Committee  of  review  may  have 
confidential  access  to  the  files  of  bid  depositories. 

(0-3)  In  the  case  of  combination  bids,  or  revisions  thereof,  the 
bid  for  the  work  not  included  in  this  Division  shall  be  separate  and 
distinct  from  any  bid  for  work  within  this  Division,  and  the  com- 
bination bid  shall  be  the  aggregate  of  said  separate  and  distinct  bids. 

(o-4)  Each  bid  filed  in  accordance  with  paragraph  (o-2)  of  this 
Section  shall  be  accompanied  by  a  fee  of  one  dollar  ($1.00).  For  the 
purposes  of  this  paragraph,  identical  (except  for  name  and  ad- 
dress of  recipient)  copies  of  the  same  bid  given  to  different  parties 
for  the  same  job  shall  be  construed  as  one  bid.  The  Divisional  Code 
Authority  shall  use  funds  so  received  to  pay  the  expenses  of  oper- 
ating bid  depositories.  Account  of  the  receipts  and  expenditures  of 
bid  depositories  shall  be  kept  and  the  same  shall  be  open  to  the 
Administrator  or  his  representatives  for  inspection. 

(o-5)  Upon  request  of  any  bidder  a  committee  shall  be  appointed 
by  the  Divisional  Code  Authority  or  its  authorized  representative, 
which  committee  shall  be  empowered  to  investigate  any  bid  to 
determine  whether  any  provisions  of  this  Code  have  been  violated 
in  such  bid.  In  the  event  such  committee  shall  find  the  rules 
of  fair  competition  have  been  violated,  the  violations  shall  be  re- 
ported to  the  Divisional  Code  Authority  for  such  action  as  it  deems 
proper  in  accordance  with  this  Code,  including  in  appropriate  cases, 
with  the  approval  of  the  Administrator,  report  to  the  Federal 
District  Attorney  or  the  Federal  Trade  Commission. 

Article  V — Posting 

Copies  of  Chapter  I  and  this  Chapter  shall  be  kept  continuously 
posted  from  the  time  of  effective  date  in  a  conspicuous  place  in 
the  office  or  shop  of  each  member  of  this  Division. 

Article  VI — Modification 

Subject  to  the  provisions  of  Article  IV,  B,  Section  2  (c),  of 
Chapter  I  hereof,  the  provisions  of  this  Chapter  except  as  to  pro- 
visions required  by  the  Act,  may  be  modified  on  the  basis  of  ex- 
perience or  changes  in  circumstances,  such  modifications  to  be  based 
upon  application  to  the  Administrator  and  such  notice  and  hearing 
as  he  shall  specify,  and  to  become  effective  on  his  approval.  Any 
such  application  may  be  made  by  the  Divisional  Code  Authority. 

Article  VII — Eeference  to  Provisions  of  Chapter  I 

The  provisions  of  Sections  7  (a)  and  10  (b)  of  the  Act,  which 
are  set  forth  in  Sections  1  and  6  respectively  of  Article  VIII  of 
Chapter  I  of  this  Code,  are  specifically  incorporated  herein  by  ref- 
erence with  the  same  force  and  effect  as  if  set  forth  herein  in  full; 
all  other  provisions  of  Cliapter  I  of  this  Code,  except  as  herein 
provided,  apply  within  this  Division  with  the  same  force  and 
effect  as  if  set  forth  herein  in  full. 


343 

Article  VIII — Effective  Date 

This  Code  shall  become  effective  in  this  Division  on  the  fifteenth 
<(15th)  day  aft€r  its  approval  by  the  President. 

Approved  Code  No.  244 — Supplement  No.  16. 
Registry  No.  113CM)3. 


•80835—84 17 


Approved  Code  No.  308 — Supplement  No.  6 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

TROUT  FARMING  INDUSTRY,  EASTERN  SECTION 

As  Approved  on  July  25,  1934 


ORDER 


Approving   Supplementary   Code   of   Fair   Competition   for   the 
Trout  Farming  Industry,  Eastern  Section 

A  division  of  the  fishery  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Divisional 
Code  of  Fair  Competition  for  the  Trout  Farming  Industry,  Eastern 
Section,  a  Division  of  the  Fishery  Industry,  and  hearings 
having  been  duly  held  thereon  and  the  annexed  report  on  said  code, 
containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Pres- 
ident, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933.  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  code  complies  in  all  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act;  and  do  hereby  order  that  said  code  of  fair 
competition  be  and  it  is  hereby  approved. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery, 

Approval  recommended : 
Armin  W,  Riley, 

Division  Adnimistrator. 

Washington,  D.C, 

July  ^.5,  1934. 

(345) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Hotise. 
Sir:  This  is  a  report  on  the  Divisional  Code  of  Fair  Competition 
for  tlie  Trout  Farming  Industry,  Eastern  Section  (a  Division  of  the 
Fishery  Industr}'),  as  revised  after  Public  Hearing,  conducted  in 
"Washington,  D.C.,  on  March  16,  1934,  in  accordance  with  the  pro- 
visions of  the  National  Industrial  Recovery  Act. 

I.    DESCRIPTION   OF  THE   INDUSTRY 

The  industry  includes  the  artificial  propagation  of  several  varieties 
of  brook  trout  and  the  selling  in  the  Eastern  Section  of  the  United 
States  of  trout  eggs  for  hatching,  live  trout  of  various  ages  for  stock- 
ing of  streams,  and  mature  trout  for  food  purposes. 

The  industry,  on  account  of  the  requirement  of  large  quantities 
of  cold  water,  is  of  necessity  confined  to  the  northern  states  or  to 
localities  of  such  elevation  that  the  average  temperature  of  the 
available  water  supplies  is  quite  low.  The  industry  always  faces  the 
possibility  of  severe  losses  through  the  influx  of  warm  surface  waters, 
the  infection  of  the  ponds  by  one  or  more  of  the  disease  producing 
bacteria  and  fungi  and  through  improper  handling  of  the  fish  or 
eggs  at  certain  stages  of  their  development.  These  losses  can  be 
avoided  to  a  large  extent  through  the  knowledge  and  skill  of  trained 
employees  and  for  this  reason  it  is  impracticable  to  increase  employ- 
ment greatly. 

Under  nonnal  economical  conditions  the  production  of  eggs  was 
the  most  important  part  of  the  business.  Such  eggs  were  sold  to 
Federal,  state  and  private  agencies  for  hatching.  The  small  fish 
were  usually  taken  care  of  for  a  short  time  and  then  liberated  into 
the  public  or  private  streams.  To  a  much  lesser  extent  immature 
fish  and  some  adults  were  also  sold  and  used  for  propagation  pur- 
poses in  public  and  private  waters.  Only  the  excess  stock  of  mature 
fish  were  formerly  used  for  market  purposes.  However,  in  recent 
years  there  has  been  a  decline  in  the  demand  for  eggs  and  fish  for 
stocking  purposes.  This  has  been  due  to  the  reduction  in  appropria- 
tions for  such  purposes  to  state  and  Federal  governments,  and  to  the 
inability  of  private  individuals  and  clubs  to  restock  their  preserves 
as  copiously  as  formerly.  As  a  result,  the  number  of  mature  fish 
tended  to  increase  and  these  have  added  to  the  supply  which  were 
normally  sold  for  food  purposes.  Most  of  the  output  used  for  food  is 
sold  to  hotels,  clubs  and  restaurants.  The  demand  is  limited  as  the 
price  of  brook  trout  must  of  necessity  be  high  and  only  comparatively 
few  people  are  in  a  position  to  purchase  such  food  luxuries. 

Late  statistics  of  this  industry  are  not  available,  but  in  1929  the 
sales  of  all  products  of  the  industry  in  the  Eastern  Section  amounted 

(346) 


347 

to  nearly  $400,000,  of  which  something  over  one-third  consisted  of 
receipts  for  eggs.  It  is  believed  that  this  proportion  is  now  lower. 
The  production  of  the  Eastern  Section  probably  now  approximates 
50%  of  the  total  of  the  United  States. 

II.    LABOR  PROVISIONS 

The  code  provides  for  a  reduction  in  the  hours  of  labor  and  an 
increase  in  the  rates  of  pay.  Only  a  comparatively  small  number  of 
additional  employees  will  be  put  on  the  payrolls  as  there  has  been 
but  little  unemployment  among  trained  fish  culturists.  The  absence 
of  recent  statistics  prevents  any  definite  statement  as  to  the  effect 
of  increased  wages  but  it  is  estimated  that  this  may  increase  purchas- 
ing power  among  employees  by  some  fifteen  or  twenty  percent. 

III.    UNFAIR  METHODS  OF   COMPETITION 

In  addition  to  the  usual  unfair  practices,  the  code  provides  for 
standardization  of  the  method  of  basing  prices  for  the  several 
products  of  the  industry.  The  provision  prohibiting  the  industry 
from  selling  its  products  on  consignment  will,  according  to  repre- 
sentatives of  the  industry,  be  of  real  value  in  maintaining  price 
levels  and  will  thus  enable  the  industry  to  live  up  to  the  labor  and 
wage  provisions  of  the  code. 

rv.   FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
divisional  code,  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter; 

I  find  that : 

(a)  Said  divisional  code  is  well  designed  to  promote  the  policies 
and  purposes  of  Title  I  of  the  National  Industrial  Kecovery  Act, 
including  removal  of  obstructions  to  the  free  flow  of  interstate  and 
foreign  commerce  which  tend  to  diminish  the  amount  thereof  and 
will  provide  for  the  general  welfare  by  promoting  the  organization 
of  industry  for  the  purpose  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintainmg  united  action  of  labor  and 
management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial,  fishery,  and  agricultural  products  through  increasing 
purchasing  power,  by  reducing  and  relieving  unemployment,  by 
improving  standards  of  labor,  and  by  otherwise  rehabilitating 
industry. 

(b)  Said  industry  normally  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  divisional  code  as  approved  complies  in  all  respects  with 
the  pertinent  provisions  of  said  Title  of  said  Act,  including  without 
limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7, 
and  Subsection  (b)  of  Section  10  thereof;  and  that  the  applicant 
association  is  an  industrial  association  truly  representative  of  the 


348 

aforesaid  industry;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  divisional  code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  divisional  code  is  not  designed  to  and  will  not  eliminate 
or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
divisional  code. 

For  these  reasons,  therefore,  I  have  approved  this  divisional  code. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  25,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  TROUT  FARMING  INDUSTRY,  EASTERN  SEC- 
TION 

A  DIVISION  OF  THE  FISHERY  INDUSTRY 

Article  I — Purpose 

Section  1.  The  National  Code  of  Fair  Competition  for  the  Fishery 
Industry  with  the  exceptions  and  additions  hereinafter  specifically 
enumerated  shall  constitute  the  code  of  fair  competition  for  the  trout 
farming  division,  Eastern  Section,  of  the  fishery  industry  in  accord- 
ance with  Article  VIII,  Title  C,  Section  1,  of  said  national  code,  and 
shall  be  the  standard  of  fair  competition  for  the  trout  farming  divi- 
sion. Eastern  Section,  of  the  fishery  industry,  and  shall  be  binding 
upon  every  member  thereof. 

Article  II — Definitions 

Section  1.  Wherever  a  term  is  used  in  this  divisional  code  which  is 
defined  in  said  national  code,  the  definition  thereof  contained  in  said 
national  code  shall  apply  to  the  trout  farming  industry.  As  used 
herein : 

(a)  The  term  "trout  farming  industry"  means  the  commercial 
propagation  of  trout  in  protected  private  waters  in  the  "  Eastern 
Section  " ;  including, 

(1)  the  raising  and  marketing  of  trout  eggs  for  hatching, 

(2)  the  raising  and  marketing  of  live  trout  for  stocking,  and 

(3)  the  raising  and  marketing  of  trout  for  consumption  as  human 
food. 

(b)  The  terms  "  trout  farm  "  and  "  hatchery  "  mean  all  real  prop- 
erty (including  farm  lands,  ponds,  streams,  buildings,  and  equip- 
ment) owned,  leased,  or  used  for  the  commercial  propagation  of 
products  of  the  trout  farming  industry. 

(c)  The  term  "  Executive  Committee  "  means  the  supervisory  body 
provided  for  in  Article  VIII,  Title  C,  Section  1,  paragraph  (e),  of 
said  national  code,  and  created  pursuant  to  Article  VIII,  Title  B, 
hereof. 

(d)  The  term  "Eastern  Trout  Growers  Association,  Incorpo- 
rated "  means  the  corporation  so  named,  sectional  in  scope. 

(e)  The  term  "  trout  "  means :  brook  trout,  {Salvelinus  fontinalis)  ; 
rainbow  trout,  {Salmo  irideus)  ;  cutthroat  trout,  {Sahiio  leioisi)  ; 
brown  trout,  {Salmo  fa7%o)  ;  Loch  Leven  trout,  {Salmo  levenensis)  ; 
lake  trout,  {Ci'-istivo')ner  namaycush)  ;  landlocked  salmon,  {Salmo 
solar  sehago). 

(f)  The  term  "Eastern  Section"  includes  all  States  east  of  the 
Mississippi  River,  except  Michigan  and  Wisconsin. 

(g)  The  term  "  price  terms  "  means  prices,  discounts,  rebates,  al- 
lowances, and  all  other  terms  or  conditions  of  sale. 

(349) 


350 


Article  III — Hours  of  Labor 

Section  1.  The  labor  hour  provisions  contained  in  Article  III  of 
said  national  code  shall  apply  to  the  trout  farming  industry,  withi 
the  following  exception : 

(a)  Article  III,  Section  2,  of  said  national  code  shall  not  apply 
to  the  trout  farming  industry,  and  in  lieu  thereof  the  following 
shall  apply : 

'•  No  other  employee  shall  be  permitted  to  work  more  than  ninety 
hours  in  an}^  two  consecutive  weeks  or  more  than  six  days  in  any 
seven,  with  the  following  exceptions :" 

(1)  Exception  (d)  of  Article  III,  Section  2,  of  said  national 
code; 

(2)  Exception  (e)  of  Article  III,  Section  2,  of  said  national 
code; 

(3)  Exception  (f)  of  Article  III,  Section  2,  of  said  national 
code; 

(4)  Exception  (g)  of  Article  III,  Section  2,  of  said  national 
code;  and 

(5)  ExceiDtion  (h)  of  Article  III,  Section  2,  of  said  national 
code. 

Article  IV — ^Wages 

Section  1.  The  labor  wage  provisions  contained  in  Article  IV  of 
said  national  code  shall  apply  to  the  trout  farming  industry,  with 
the  following  exception : 

(a)  Article  IV,  Section  2,  of  said  national  code  shall  not  apply  to 
the  trout  farming  industry,  and  in  lieu  thereof  the  following  shall 
apply : 

No  other  employee  shall  be  paid  less  than  at  the  rate  of  $15,75  per 
week,  for  those  who  work  by  the  week;  or  350  per  hour,  for  those 
who  work  by  the  hour. 

Article  V — General  Labor  Provisions 

Section  1.  The  mandatory  clauses  from  Section  7  (a)  of  the  Act 
and  the  other  general  labor  provisions  contained  in  Article  V  of 
said  national  code,  with  the  exception  of  Section  10  of  said  Article, 
are  specifically  incorporated  herein  by  reference  and  shall  apply  to 
the  trout  farming  industry,  and  in  addition  thereto  the  following: 

(a)  No  person  under  eighteen  years  of  age  shall  be  permitted 
to  work  at  occupations  or  operations  which  are  deemed  to  be  hazard- 
ous in  nature  or  detrimental  to  health.  The  Executive  Committee 
shall  submit  before  August  15,  1934,  a  list  of  such  occupations  or 
operations  to  the  Administrator. 

(b)  The  agreement  of  hire  shall  provide  that  wages  shall  be 
exempt  from  fines;  and  from  charges  and  deductions,  except  for 
employees'  voluntary  contributions  to  pension,  insurance,  or  benefit 
funds,  and  except  as  may  be  required  by  State  legislation  enacted 
for  the  benefit  of  employees;  and  shall  provide  also  that  no  employer 
shall  withhold  wages  of  employees  beyond  the  customary  time  for 
payment  of  wages  to  co-employees,  except  upon  service  of  legal 
process  or  other  papers  lawfully  requiring  same.     Deductions  for 


351 

other  purposes  may  be  made  only  when  an  agreement  covering  the 
■same  is  in  writing  and  kept  on  file  by  the  employer,  open  to  the  in- 
spection of  the  x\dministrator. 

(c)  The  agreement  of  hire  shall  provide  further  that  wages  shall 
be  paid  at  least  semi-monthly. 

Article  VI — Unfair  Methods  of  Competition 

Section  1.  In  addition  to  the  unfair  methods  of  competition  pro- 
visions contained  in  Article  VI  of  said  national  code,  the  following 
shall  apply  in  like  manner  to  the  trout  farming  industry  : 

(a)  Consignment  Selling. — To  sell  in  the  Eastern  Section  products 
of  the  trout  farming  industry  on  consignment. 

(b)  Terms  of  Sale. — To  accept  less  than  the  net  invoice  price  on 
products  of  the  trout  farming  industry,  without  lawful  reason. 

(c)  Inducing  Breach  of  Contract. — To  induce  maliciously  a 
breach  of  any  existing  contract  for  the  sale  or  purchase  of  products 
of  the  trout  farming  industry,  or  to  prevent  maliciously  the  per- 
formance of  any  contractual  obligations  for  the  sale  or  purchase  of 
products  of  the  trout  farming  industry. 

(d)  Disparagement  of  Competitors. — To  impute  falsely  to  com- 
j)etitors  dishonorable  business  conduct,  inability  to  perform  contracts, 
or  questionable  credit  standing;  or  to  represent  falsely  the  grade 
or  quality  of  their  products. 

(e)  Flat  Rate  Selling. — To  sell  or  offer  to  sell,  or  having  sold,  to 
deliver,  trout  by  count  without  itemizing  the  number  of  each  size 
within  1/^  inch  tolerance  above  or  below  the  stated  size. 

(f)  Cost  Finding. — To  fail  to  utilize,  to  the  extent  found  prac- 
ticable, the  cost  finding  and  accounting  method  promulgated  pur- 
suant to  Article  VIII,  Title  C,  Section  1,  paragraph  (e),  hereof. 
No  member  of  the  trout  farming  industry  shall  suggest  uniform 
additions,  percentages  or  differentials  or  other  uniform  items  of  cost 
which  are  designed  to  bring  about  arbitrary  uniformity  of  costs  or 
prices. 

(g)  Alloivance  for  Claims. — To  give  or  grant  any  allowance  for 
a  claim  on  trout  eggs  or  live  trout  or  permit  any  reduction  by  a 
customer  from  the  sales  price  as  an  allowance  for  a  claim  on  trout 
eggs  or  live  trout  unless  such  claim  or  deduction  is  requested  within 
seven  da3's  after  receipt  of  such  products;  and  further,  unless  such 
claim  or  deduction  is  supported  by  a  written  statement  from  the 
buyer,  certifying  to  all  essential  facts.  To  fail  forthwith  to  forward 
to  the  Executive  Committee  a  complete  statement  regarding  the 
claim  or  deduction  and  the  settlement  thereof. 

(h)  Price  Basis. — To  sell  or  offer  for  sale,  quote  any  price,  or 
make  any  business  settlement  on  any  other  basis  than  the  following : 

(1)  Trout  eggs  by  the  thousand,  f.o.b.,  hatchery, 

(2)  Market  trout  by  weight,  f.o.b.,  hatchery, 

(3)  Live  trout  by  count,  itemized  by  inches  in  length,  from  fry  to 
and  including  nine  inches  in  length,  and 

(4)  Live  trout  over  nine  inches  in  length,  by  weight,  f.o.b. 
hatchery. 

(i)  Payment  of  Assessments  for  Code  Adininistration. — To  fail 
to  pay  the  assessments  as  provided  for  in  Article  VIII,  Title  D, 
hereof. 


352 

(j)  Filing  Prices. — To  fail  to  file  with  a  confidential  and  disin- 
terested agent  of  the  Executive  Committee  or,  if  none,  then  with 
such  an  agent  designated  by  the  Administrator,  identified  lists  of 
all  of  his  price  terms,  which  lists  shall  completely  and  accurately 
conform  to  and  represent  the  individual  pricing  practices  of  the 
member  filing  same.  Such  lists  shall  contain  the  price  terms  for 
all  such  standard  products  of  the  trout  farming  industry  (trout 
eggs,  nuirket  trout  and  live  trout)  as  are  sold  or  offered  for  sale 
by  said  member  and  for  such  non-standard  products  of  said  mem- 
ber as  shall  be  designated  by  the  Executive  Committee.  Said  price 
terms  shall  in  the  first  instance  be  filed  within  fifteen  days  after 
the  date  of  approval  of  this  divisional  code.  Price  terms  and  re- 
vised price  terms  shall  become  effective  immediately  upon  receipt 
thereof  by  said  agent. 

(k)  Increased  Prices. — To  file  a  higher  price  within  forty-eight 
(48)  hours  after  having  filed  a  revision  in  price  terms. 

(1)  Adherence  to  Filed  Prices. — To  sell  or  offer  to  sell  any  prod- 
ucts of  the  trout  farming  industry,  for  which  price  terms  have  been 
filed  pursuant  to  the  provisions  of  this  Article,  except  in  accordance 
with  such  price  terms :  Provided  ho^vever.,  that  the  provisions  of 
this  paragraph  shall  not  be  construed  to  apply  to  the  purchase  or 
exchange  among  members  of  the  trout  farming  industry  of  products 
of  the  trout  farming  industry  for  resale  to  non-members  of  the 
industry. 

(m)  Agreement  on  Prices. — To  enter  into  any  agreement,  under- 
standing, combination  or  conspiracy  to  fix  or  maintain  price  terms, 
or  cause  or  attempt  to  cause  any  member  of  the  trout  farming  indus- 
try to  change  his  price  terms  by  the  use  of  intimidation,  coercion, 
or  any  other  influence  inconsistent  with  the  maintenance  of  the  free 
and  open  market  which  it  is  the  purpose  of  this  Article  to  create. 

(n)  Destructive  Price  Cutting. — To  engage  wilfully  in  destruc- 
tive price  cutting.  Any  member  of  the  trout  farming  industry  or 
of  any  other  industry  or  the  customers  of  either  may  at  any  time 
complain  to  the  Executive  Committee  that  any  filed  price  con- 
stitutes unfair  competition  as  destructive  price  cutting,  imperiling 
small  enterprise  or  leading  toward  monopoly  or  the  impairment  of 
code  wages  and  working  conditions. 

(0)  Emergency  Basis  for  Prices. — To  sell  below  the  stated  mini- 
mum price  for  any  given  product  of  the  trout  farming  industry 
when  an  emergency  exists  as  to  am'  such  product  in  accordance  with 
the  following  provisions: 

(1)  If  the  Administrator,  after  investigation,  shall  at  any  time 
find  both  (a)  that  an  emergency  has  arisen  within  the  trout  farming 
industry  adversely  affecting  small  enterprises  or  wages  or  labor 
conditions,  or  tending  toward  monopoly  or  other  acute  conditions 
which  tend  to  defeat  the  purposes  of  the  Act;  and  (b)  that  the 
determination  of  the  stated  minimum  price  for  a  specified  product 
within  the  trout  farming  industry  for  a  limited  period  is  necessary 
to  mitigate  the  conditions  constituting  such  emergency  and  to  effec- 
tuate the  purpose  of  the  Act,  the  Executive  Committee  may  cause 
an  impartial  agency  to  investigate  costs  and  to  recommend  to  the 
Administrator  a  determination  of  the  stated  minimum  price  of  the 
product  affected  by  the  emergency  and  thereupon  the  Administrator 
may  proceed  to  determine  such  stated  minimum  price;  and 


353 

(2)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  Act,  he  shall 
publish  such  price.  Thereafter,  during  such  stated  period,  no  mem- 
ber of  the  trout  farming  industr}^  shall  sell  such  specified  products 
at  a  net  realized  price  below  said  stated  minimum  price  and  any 
such  sale  shall  be  deemed  destructive  price  cutting;  provided  that 

(3)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  policies. 

Article  VII — iNFORMATioisr,  Books  axd  Records 

Section  1.  The  provision  contained  in  Article  Vll  of  said 
national  code  shall  apply  to  the  trout  farming  industry. 

Article  VIII — Administration 

title  a — supervisory  bodies 

Section  1.  The  provisions  contained  in  Article  VIII  of  said  na- 
tional code  shall  apply  to  the  trout  farming  industry,  with  the  fol- 
lowing modifications: 

title  b — executive  committee,  selection 

Section  1.  The  Eastern  Trout  Growers  Association,  Incorporated, 
shall  within  thirty  days  after  the  effective  date  of  this  divisional  code 
conduct  an  election  in  which  all  members  of  the  trout  farming  in- 
dustry may  participate  equally  for  the  purpose  of  electing  an  Exec- 
utive Committee  of  five  members  to  administer  this  divisional  code; 
and  at  such  election  all  votes  cast  by  mail  or  by  proxy  shall  have 
equal  weight  with  those  cast  in  person.  Subsequent  elections  shall 
be  conducted  by  the  Executive  Committee  then  in  office. 

Section  2.  Only  members  of  the  trout  farming  industry  comply- 
ing with  this  divisional  code  and  contributing  to  the  expenses  of  its 
administration  as  provided  in  Title  D  of  this  Article  shall  be  en- 
titled to  participate  in  the  election  of  the  members  of  the  Executive 
Committee  or  to  receive  the  benefit  of  its  voluntary  activities. 

Section  3.  In  addition  to  the  membership  as  above  provided,  there 
may  be  one  to  three  members  on  the  Executive  Committee  to  be  ap- 
pointed by  the  Administrator  to  serve  without  vote  for  such  periods 
respectively  as  he  may  designate. 

Section  4.  The  Executive  Committee  shall  have  the  same  privi- 
leges and  be  subject  to  the  same  limitations  as  the  National  Code 
Authority  has  and  is  subject  to  in  Article  VIII,  Title  A,  Sections  2, 
3,  4,  5  and  6,  of  said  national  code. 

title  c — executive  committee,  powers  and  duties 

Section  1.  The  Executive  Committee  shall  supervise  the  effectua- 
tion of  the  iDurposes  of  this  divisional  code  pursuant  to  the  provisions 
of  Article  VIII  of  said  national  code,  and  is  authorized  further : 

(a)  To  designate  a  confidential  and  disinterested  agent  for  the 
purpose  of  carrying  out  the  provisions  of  Article  VI,  Section  1,  para- 


354 

graph  (j).  hereof.  Said  agent  shall  receive  price  terms  filed  by 
members  of  the  trout  farming  industry  in  accordance  with  Article 
VI.  Section  1.  paragraph  (j),  hereof,  and  innnediately  upon  receipt 
thereof,  said  agent  shall  by  telegraph  or  other  equally  prompt 
means  notify  said  member  of  the  time  of  such  receipt.  Such  lists 
and  revisions,  together  with  the  effective  time  thereof,  shall  upon  re- 
ceipt be  immediately  and  simultaneously  distributed  to  all  members 
of  the  trout  farming  industry  and  to  all  their  customers  who  have 
applied  therefor  and  have  offered  to  defray  the  cost  actually  in- 
curred by  the  Executive  Committee  in  the  preparation  and  distribu- 
tion thereof  and  l)e  available  for  inspection  by  any  of  their  customers 
at  the  olHce  of  such  agent.  Said  lists  or  revisions  or  any  part  thereof 
shall  not  be  made  available  to  any  person  until  released  to  all  mem- 
bers of  the  trout  farming  industry  and  their  customers,  as  aforesaid; 
provided,  that  prices  filed  in  the  first  instance  shall  not  be  released 
until  the  expiration  of  the  fifteen  day  period  after  the  approval  of 
this  divisional  code  provided  for  in  Article  VI,  Section  1,  paragraph 
(j),  hereof. 

(b)  To  maintain  a  permanent  file  of  all  price  terms  filed  as  herein 
providetl.  and,  except  upon  written  consent  of  the  Administrator,  to 
refrain  from  destroying  any  part  of  such  records.  Upon  request  the 
Executive  Committee  shall  furnish  to  the  Administrator  or  any  duly 
designated  agent  of  the  Administrator,  copies  of  any  such  lists  or 
revisions  of  price  terms. 

(c)  To  afford  an  opportunity  for  a  hearing  within  five  days,  upon 
receipt  of  a  complaint  under  Article  VI,  Section  1,  paragraph  (n), 
hereof,  to  the  member  of  the  trout  farming  industry  against  whom 
such  complaint  is  made.  The  Executive  Committee  shall  within 
fourteen  clays  make  a  ruling  or  adjustment  thereon.  If  such  ruling 
is  not  concurred  in  by  either  party  to  the  complaint,  all  papers  shall 
be  referred  to  the  Research  and  Planning  Division  of  the  N.R.A. 
which  shall  render  a  report  and  recommendation  thereon  to  the 
Administrator. 

(d)  To  recommend  review  or  reconsideration  of  any  determina- 
tions effected  under  Article  VI,  Section  1,  paragraph  (o),  subpara- 
graph (2),  hereof,  or  the  Administrator  may  cause  the  same  to  be 
reviewed  or  reconsidered  and  appropriate  action  taken. 

(e)  To  cause  to  be  formulated  methods  of  cost  finding  and  ac- 
counting capable  of  use  by  all  members  of  tlie  trout  farming  indus- 
try. When  such  cost  finding  and  accounting  methods  shall  have 
been  formulated  same  shall  be  submitted  to  the  Administrator  for 
review.  If  approved  by  the  Administrator,  full  information  con- 
cerning such  methods  shall  be  made  available  to  all  members  of  the 
trout  farming  industry.  Nothing  herein  contained  shall  be  con- 
strued to  permit  the  Executive  Committee  to  suggest  uniform  addi- 
tions, percentages  or  differentials  or  other  uniform  items  of  cost 
which  are  designed  to  bring  about  arbitrary  uniformity  of  costs 
or  of  prices. 

(f)  To  investigate  the  wisdom  and  propriety  of  establishing 
quality  grades  for  the  products  of  the  trout  farming  industry,  and 
to  formulate  a  recommendation  for  transmission  to  the  National 
Code  Authority,  as  provided  for  in  Article  VIII,  Title  B,  Section  1, 
paragraph  (f),  of  said  national  code. 


355 

(g)  To  cooperate  with  the  Administrator  in  regulating  the  use 
of  any  N.R.A.  insignia  solely  by  those  members  of  the  trout  farm- 
ing industry  who  are  complying  with  this  divisional  code. 

TITLE  D — EXPENSES 

Section  1.  If  the  assessments  provided  for  in  Article  VIII,  Title 
E,  Section  1,  of  said  national  code  shall  fail  to  provide  sufficient 
funds  for  the  proper  administration  of  this  divisional  code,  each 
member  of  the  trout  farming  industry  shall  bear  his  proportionate 
share  of  any  additional  expense,  if  the  Administrator  shall  approve 
an  assessment  for  the  same. 

Section  2.  It  being  found  necessary  in  order  to  support  the  ad- 
ministration of  this  divisional  code  and  to  maintain  the  standards 
of  fair  competition  established  hereunder  and  to  effectuate  the  policy 
of  the  Act,  the  Executive  Committee  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  this  divisional  code. 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the  trout 
farming  industry. 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  by  all  members  of  the  trout  farming 
industry,  and  to  that  end,  if  necessary,  to  institute  legal  proceedings 
therefor  in  its  own  name. 

Section  3.  Each  member  of  the  trout  farming  industry  shall  pay 
his  or  its  equitable  contribution  to  the  expense  of  the  administration 
of  said  national  code  and  of  this  divisional  code,  as  in  said  codes  pro- 
vided, subject  to  rules  and  regulations  pertaining  thereto  issued  by 
the  Administrator. 

Section  4.  The  Executive  Committee  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Article  IX — Modification  and  Monopolies 

Section  1.  This  divisional  code  and  all  the  provisions  thereof  are 
expressly  subject  to  the  right  of  the  President,  in  accordance  with 
the  provisions  of  Subsection  (b)  of  Section  10  of  the  Act,  from 
time  to  time  to  cancel  or  modify  any  order,  approval,  license,  rule, 
or  regulation,  issued  under  the  Act;  and  specifically,  but  without 
limitation,  to  the  right  of  the  President  to  cancel  or  modify  his 
approval  of  this  divisional  code  or  any  condition  imposed  by  him 
upon  approval  thereof.     The  other  provisions  contained  in  Articles 


356 

IX  and  X  of  said  national  code  shall  apply  to  the  trout  farming 
industry  whether  or  not  in  said  Articles  of  said  national  code  specific 
reference  is  made  to  this  divisional  code. 

Aeticle  X — Effective  Date 

Section  1.  This  divisional  code  shall  become  effective  on  the  second 
Monday  following  its  approval  by  the  President. 

Approved  Code  No.  308 — Supplement  No.  6. 
Registry  No.  117-31. 


Approved  Code  No.  347 — Supplement  No.  35 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR  THE 

OIL  FIELD  PUMPING  ENGINE  MANUFACTURING 

INDUSTRY 

As  Approved  on  July  25,  1934 


ORDER 


Approving  Supplementary  Code  or  Fair  Competition  for  the  Oil 
Field  Pumping  Engine  Manufacturing  Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Oil  Field  Pumping  Engine 
Manufacturing  Subdivision  of  Machineiy  and  Allied  Products  In- 
dustry, and  hearing  having  been  duly  held  thereon  and  the  annexed 
report  on  said  Supplemental  Code  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No,  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  rejDort  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is 
hereby  approved  subject  to  the  condition  that  the  provisions  of 
Article  VIII,  Section  (a),  insofar  as  they  prescribe  a  waiting  period 
between  the  filing  with  the  Code  Authority  (or  such  agency  as  may 
be  designated  in  the  Supplemental  Code)  and  the  effective  date  of 
price  lists,  as  originally  filed  and/or  revised  price  lists  or  revised 
terms  and  conditions  of  sale,  be  and  they  hereby  are  stayed  pending 
my  further  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended. 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

July  25,  193J^. 

(357) 


REPORT  TO  THE  PRESIDENT 

The  President. 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplemental  Code  of  Fair  Competi- 
tion for  the  Oil  Field  Pumping  Engine  ^Manufacturing  Subdivision 
of  the  Machinery  and  Allied  Products  Iiulustry,  public  hearing  hav- 
ing been  conducted  thereon  in  Washington,  D.C,  December  21,  1933, 
in  accordance  with  the  provisions  of  Title  I  of  the  National  Indus- 
trial Recovery  Act.  Every  person  who  filed  a  request  for  an  appear- 
ance was  freely  heard  in  public  and  all  statutory  and  regulatory 
requirements  were  complied  with. 

GENERAL  STATEMENT 

The  Oil  Field  Pumping  Engine  Manufacturers  Association  being^ 
truly  representative  of  this  Subdivision  of  the  Machinery  and  Allied 
Products  Industry,  has  elected  to  avail  itself  of  the  option  of  sub- 
mitting a  Supplemental  Code  of  Fair  Competition,  as  provided  in 
paragraph  (2),  Article  I  of  the  Basic  Code  for  the  Machinery  and 
Allied  Products  Industry  approved  by  j^ou  on  the  seventeenth  day 
of  March,  1934. 

This  Subdivision  represents  a  part  of  the  capital  goods  Industry,, 
manufacturing  and  selling  internal  combustion  engines  of  slow- 
speed,  stationary,  oil-well  pumping  type,  using  natural  gas  or  oiL 
for  fuel,  accessories  thereto  and  parts  thereof. 

ECONOMIC   EFFECT 

In  1929,  this  Subdivision  of  the  Industry  employed  approximately 
1,657  persons;  1,496  are  estimated  to  have  been  factory  workers. 

Since  1929,  annual  sales  decreased  approximately  85%  in  1932  and 
employment  67%  as  of  the  first  quarter  of  1933.  Since  then,  factory 
employment  has  increased  to  1,046  or  113%,  and  man-hours  117%, 

In  June  1933,  about  65%  of  the  factory  workers  were  working 
more  than  40  hours  per  week,  and  28%  were  receiving  less  than  40 
cents  per  hour  with  a  lowest  minimum  wage  ranging  between  25  and 
29.5  cents.  The  lowest  minimum  wage  paid  by  any  reporting  con- 
cern as  of  October  15,  1933,  ranged  between  30  and  34.9  cents. 

The  mininnim  wage  provisions  for  this  Subdivision  are  based  on 
a  flat  minimum  hourly  rate  of  32  cents  per  hour  for  the  South  and 
the  following  city  population  differentials  for  all  other  sections  of 
the  United  States: 

Over  50,0(X)  population 40<;''  per  hour 

lO.rKJO  to  50.000  populatiou 3Sc' per  hour 

10,000  popuhition  and  under SG^- per  hour 

(358) 


359 

In  addition  to  the  minimum  wage  rates  shown  above,  the  Supple- 
mental Code  provides  that  women  engaged  in  substantially  the  same 
work  as  men  shall  receive  the  same  rate  of  pay  as  such  men  employ- 
ees, and  that  the  minimum  wage  for  women  employees  engaged  in 
plant  operations  shall  be  not  less  than  87.5  per  cent  of  the  proper  rate 
for  the  locality  in  which  emploj^ed  as  specified,  and  the  minimum  in 
the  South  shall  be  not  less  than  32  cents  per  hour. 

Estimated  number  of  factory  workers  receiving  less  than  designated  hourly 

rates 


Proposed  minimum  hourly  rates 


40  cents  (other  U.S.) 
38  cents  (other  U.S.) 
36  cents  (other  U.S.) 
32  cents  (South) 


Distribution  of  factory 
workers  receiving  less 
than  the  minimum 
regardless  of  location 


Based  on  the  distribution  as  of  June  15,  1933,  and  on  the  specified 
percentages  of  the  number  of  factory  workers  receiving  less  than  the 
designated  rates  shown  in  the  above  table,  the  adoption  of  the  pro- 
posed minimum  rates  will  probably  cause  an  increase  in  factory  pay- 
rolls. The  estimated  increase  as  of  June  15,  1933,  regardless  of  loca- 
tion of  the  workers,  will  probably,  under  the  most  favorable  condi- 
tions, not  exceed  4.0  percent  assuming  only  upward  adjustment  in  the 
brackets  below  the  40-cent  minimum  and  no  change  in  man-hour 
requirements. 

Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  employed  in  this  Sup- 
plemental Code. 

Article  III.  The  labor  provisions  of  the  Basic  Code  for  the  Ma- 
chinery and  Allied  Products  Industry  as  approved  March  17.  1934, 
are  incorporated  by  reference  as  the  labor  provisions  of  this  Supple- 
mental Code. 

Article  IV  adopts  the  relevant  portions  of  Article  II  "  Definitions  " 
and  Article  VI  "Administration  ",  and  Article  VIII,  "  Modifications 
and  Termination  "  of  the  Basic  Code  for  the  Machinery  and  Allied 
Products  Industry,  as  approved  March  17,  1934. 

Article  V  establishes  a  Code  Authority  consisting  of  seven  mem- 
bers, one  of  whom  may  be  elected  from  and  by  the  emploj^ers  who 
are  non-members  of  the  Applicant  Association.  The  Administrator, 
in  his  discretion,  may  appoint  one  additional  member  (without  vote 
and  without  expense  to  the  Subdivision). 

Article  VI  provides  for  an  accounting  system  and  methods  of 
cost  finding  and/or  estimating. 

Article  VII  provides  for  the  determination  of  a  lowest  reasonable 
cost,  when  an  emergency  exists  in  the  Subdivision  as  a  result  of  de- 
structive price-cutting.  The  Administrator  may  approve,  disapprove, 
or  modify  the  determination. 

80835—34 18 


360 

Article  VIII  i^rovides  for  methods  of  setting  up,  revising  and  filing 
price  lists  and  discount  sheets  and  terms  of  sale  and  payment. 

Article  IX  sets  forth  the  fair  trade  practices  which  have  been 
especially  designed  to  effect  fair  competition  in  this  Subdivision. 

Article  X  defines  export  territory  and  provides  that  filed  price  lists 
are  not  applicable  to  export  shipments. 

Article  XI  contains  the  mandatory  provisions  contained  in  Section 
10  (b)  of  the  Act,  and  also  provides  for  the  submission  of  proposed 
amendments  to  the  Supplemental  Code. 

Article  XII  provides  for  the  withdrawal  of  this  Subdivision  from 
jurisdiction  of  the  Basic  Code  Authority  and  for  the  continued  func- 
tioning of  this  Subdivision  as  an  individual  industry  under  its  own 
code. 

Article  XIII  stipulates  that  there  shall  be  no  inequitable  restric- 
tions and  provides  against  monopolies. 

Article  XIV  gives  the  effective  date  of  this  Supplemental  Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supplemental  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the  poli- 
cies and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  inter- 
state and  foreign  commerce  which  tend  to  diminish  the  amount 
thereof  and  will  provide  for  the  general  welfare  by  promoting  the 
organization  of  industry  for  the  purpose  of  cooperative  action  among 
the  trade  groups,  by  inducing  and  maintaining  the  united  action  oi 
labor  and  management  under  adequate  governmental  sanctions  and 
supervision,  by  eliminating  unfair  competitive  practices,  by  promot- 
ing the  fullest  possible  utilization  of  the  present  productive  ca- 
i:)acity  of  industries,  by  avoiding  undue  restriction  of  production 
(except  as  may  be  temporarily  required),  by  increasing  the  con- 
sumption of  industrial  and  agricultural  products  through  increasing 
purchasing  power,  by  reducing  and  relieving  unemployment,  by  im- 
proving standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000 
employees,  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  comj^lies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  gi'oup  is  an  industrial  association  truly  representative  of 
the  aforesaid  Subdivision  of  the  industry;  and  that  said  association 
imposes  no  inequitable  restrictions  on  admission  to  membership 
therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not 
permit  monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
airainst  them. 


361 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplemental  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code,  provided  that  certain  provisions  relating  to  price  publication 
are  stayed  as  stated  in  the  Order. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator, 
July  25, 1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  OIL  FIELD  PUMPING  ENGINE  MANUFACTURING 
INDUSTRY 

A  DmSION  OF  THE  MACHINERY  AND  ALLIED  PRODUCTS  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  the  following  provisions  are  established  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Oil  Field  Pumping  Engine 
Manufacturing  Subdivision  of  the  Machinery  and  Allied  Products 
Industry,  and  together  with  the  Code  of  Fair  Competition  of  Ma- 
chinery and  Allied  Products  Industry,  shall  be  the  standard  of  fair 
comi)etition  for  this  Subdivision,  and  shall  be  binding  on  every 
emplo3^er  therein. 

Article  II — Definitions 

''Applicant  "  means  the  Oil  Field  Pumping  Engine  Manufacturers' 
Association,  a  trade  organization,  all  members  of  which  are  engaged 
in  the  manufacture  for  sale  of  the  products  of  the  Oil  Field  Pump- 
ing Engine  Manufacturing  Subdivision  of  the  Machinery  and  Allied 
Products  Industry, 

"■  Industry  ''  means  the  Machinery  and  Allied  Products  Industry, 
as  defined  in  its  Code  of  Fair  Competition  as  approved  by  the  Presi- 
dent, and  as  such  definition  may  from  time  to  time  be  amended. 

"  Subdivision  "  means  the  Oil  Field  Pumping  Engine  Manufactur- 
ing Subdivision  of  the  Machinery  and  Allied  Products  Industry  as 
defined  and  set  forth  in  paragraph  20,  Article  II  of  the  Code  of  Fair 
Competition  of  the  Machinery  and  Allied  Products  Industry  as 
follows : 

"■•  Oil  Field  Pumping  Engine  Manufacturing  Subdivision  "  means 
the  manufacture  for  sale  of  internal  combustion  engines  of  the  slow- 
speed,  stationary,  oil-well  pumping  type,  using  natural  gas  or  oil  for 
fuel,  accessories  thereto  and  parts  thereof,  and  includes  all  those 
engaged  in  such  manufacture  for  sale." 

"  Code  "  means  the  Code  of  Fair  Competition  for  the  Machinery 
and  Allied  Products  Industry  as  approved  by  the  President  March 
17,  1934:,  and  as  from  time  to  time  amended. 

"  Person  "  means  a  natural  person,  a  partnership,  a  corporation,  an 
association,  a  trust,  a  trustee,  a  trustee  in  bankruptcy,  a  receiver  or 
other  entity. 

"  Employer  "  means  any  person  engaged  in  this  Subdivision  either 
on  his  own  behalf  or  as  an  employer  of  labor. 

"  Employee  "  means  anyone  who  is  employed  in  the  Subdivision  by 
any  such  employer. 

(362) 


363 

"  The  Act  "  means  Title  I  of  the  National  Industrial  Recovery  Act. 

"  The  President  "  means  the  President  of  the  United  States. 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Kecovery. 

"■  Basic  Code  Authoritj^ "  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Products  Industry  as  constituted  by  the  Code. 

"  Code  Authority  "  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Supplemental  Code. 

''  Group  Code  Authority "  means  the  Code  Authority  for  any 
group  or  product  classification  within  this  Subdivision. 

"'  Publish  "  means  to  make  available  to  the  public. 

Article  III — Employment  Provisions 

The  following  Articles  of  the  Code,  viz:  Article  III,  "Working 
Hours  " ;  Article  IV,  "  Wages  " ;  and  Article  V,  "  General  Labor  Pro- 
visions "  are  hereby  made  a  part  of  this  Supplemental  Code,  with 
the  same  effect  as  if  they  were  written  into  this  Supplemental  Code. 

Article  IV — Adoption  or  Other  Provisions  of  Code 

The  following  Articles  of  the  Code,  viz :  Article  II  "  Definitions  " 
and  Article  VI,  "Administration  ",  to  the  extent  that  they  shall  be 
applicable  to  this  Supplemental  Code  as  such  or  as  it  may  hereafter 
be  administered  as  an  autonomous  Code ;  and  Article  VIII,  "  Modifi- 
cations and  Termination  "  are  hereby  made  a  part  of  this  Supple- 
mental Code,  with  the  same  effect  as  if  they  were  written  into  this 
Supplemental  Code. 

Article  V — Administration 

(a)  A  Code  Authority  for  this  Subdivision  is  hereby  constituted 
to  administer,  supervise  and  facilitate  the  enforcement  of  the  Code 
and  of  this  Supplemental  Code  in  the  manner  and  to  the  extent  pro- 
vided in  the  code  and  in  this  Supplemental  Code. 

(b)  During  a  period  not  to  exceed  sixty  (60)  days  following  the 
effective  date  and  pending  the  election  of  the  permanent  Code  Au- 
thority, the  executive  committee  of  the  Applicant  shall  constitute  a 
temporary  Code  Authority.  The  Administrator  in  his  discretion 
may  appoint  one  additional  member  (without  vote  and  without  ex- 
pense to  the  Subdivision ) . 

(c)  The  Applicant  shall,  b}^  written  notice  sent  by  registered  mail 
to  all  employers  known  to  the  Applicant,  call  a  meeting  of  employers 
to  be  held  within  sixty  (60)  days  after  the  effective  date  of  this 
Supplemental  Code  for  the  purpose  of  adopting  procedural  rules  and 
regulations  for  the  election,  organization  and  operation  of  the  per- 
manent Code  Authority  and  electing  a  permanent  Code  Authority 
which  shall  consist  of  seven  members,  one  of  whom  may  be  elected 
from  and  by  the  employers  who  are  non-members  of  the  Applicant, 
if  such  representation  shall  be  so  desired  by  such  employers.  The 
Administrator,  in  his  discretion,  may  appoint  one  additional  mem- 
ber (without  vote  and  without  expense  to  the  Subdivision).  The 
permanent  Code  Authority  so  elected  and  appointed  shall  succeed  the 
temporary  Code  Authority. 


364 

Any  vacancy  on  the  Code  Authority  due  to  death  or  resignation 
or  because  a  member  thereof  has  ceased  to  be  connected  with  the 
Subdivision  shall  be  filled  at  a  meeting  of  emploj^ers  called  b}'  Code 
Authority  on  at  least  ten  (10)  days'  notice  by  registered  mail  sent 
to  all  known  employers  in  the  Subdivision  and  by  a  vote  similar 
to  the  vote  by  which  the  retired  member  was  originally  elected. 

In  order  that  the  Code  Authority  shall  at  all  times  be  truly  rep- 
resentative of  the  Subdivision  and  in  other  respects  comply  with 
the  provisions  of  the  Act,  the  Administrator  may  prescribe  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find 
that  the  Code  Authority  is  not  truly  representative  or  does  not  in 
other  respects  comply  with  the  provisions  of  the  Act,  may  require 
an  appropriate  modification  of  the  Code  Authority. 

Each  trade  or  industrial  association  directly  or  indirectly  par- 
ticipating in  the  selection  or  activities  of  the  Code  Authority  shall 
(1)  impose  no  inequitable  restrictions  on  membership,  and  (2)  sub- 
mit to  the  Administrator  true  copies  of  its  articles  of  association, 
By-Laws,  regulations  and  any  amendments  when  made  thereto, 
together  with  such  other  information  as  to  membership,  organiza- 
tion, and  activities  as  the  Administrator  may  deem  necessary  to 
effectuate  the  purposes  of  the  Act. 

(d)  Any  employer  shall  be  entitled  to  vote  at  the  election  of  the 
permanent  Code  Authority  and  at  other  meetings  of  employers  and 
share  in  the  benefits  of  the  activities  of  Code  Authority  and  may 
participate  in  any  endeavors  of  Code  Authority  in  the  preparation 
of  any  amendment  or  revisions  of,  or  additions  or  supplements  to, 
this  Supplemental  Code  by  paying  or  agreeing  to  pay,  as  and  when 
assessed,  his  proper  pro  rata  share  of  the  reasonable  cost  of  admin- 
istering this  Supplemental  Code  as  determined  by  Code  Authority. 

(e)  Action  by  employers  in  any  Subdivision  meeting  for  the  elec- 
tion of  Code  Authority  shall  be  by  vote  of  the  employers  entitled  to 
vote  as  provided  in  Section  (d)  of  this  Article  V,  and  who  are  pres- 
ent in  person  or  by  proxy,  each  such  employer  to  have  one  vote  only. 
Action  by  employers  in  any  Subdivision  meeting  for  the  adoption  of 
procedural  rules,  revisions  or  additions  to  the  Supplemental  Code, 
or  the  transaction  of  other  business  of  the  Subdivision  under  this 
Supplemental  Code,  shall  be  by  vote  of  the  employers  in  the  Sub- 
division who  are  entitled  to  vote  thereat  as  provided  in  Section  (d), 
Article  V  of  the  Supplemental  Code  and  are  present  in  person  or  by 
proxy  duly  executed  and  filed  with  Code  Authority;  cast  and  com- 
puted in  the  manner  provided  in  Section  (d)  Article  VI  of  the 
Code.  All  questions  as  to  the  number  of  votes  which  each  employer 
shall  be  entitled  to  cast  at  any  meeting  of  employers  other  than  the 
meeting  held  to  vote  for  the  election  of  the  permanent  Code  Author- 
ity shall  be  determined  by  Code  Authority  in  accordance  with  Sec- 
tion (d)  Article- VI  of  the  Code. 

(f)  Employers  in  this  Subdivision  having  a  common  interest  and 
common  problems  may  be  grouped  by  Code  Authority  for  adminis- 
trative purposes.  There  shall  be  a  group  Code  Authority  approved 
or  appointed  by  Code  Authority  for  each  such  group. 

(g)  If  formal  complaint  is  made  to  Code  Authority  that  provi- 
sions of  this  Supplemental  Code  have  been  violated  by  an}^  employer. 
Code  Authority  or  the  proper  Group  Code  Authority  may,  to  the 


365 

extent  permitted  by  the  Act,  cause  such  investigation  or  audit  to  be- 
made  as  may  be  deemed  necessary.  If  such  investigation  is  made  by 
Group  Code  Authority,  it  shall  report  the  result  of  such  investiga- 
tion or  audit  to  Code  Authority  for  action. 

(h)  The  Code  Authority  may  appoint  a  Trade  Practice  Commit- 
tee which  shall  meet  with  the  Trade  Practice  Committees  appointed 
under  such  other  codes  as  may  be  related  to  the  Subdivision  for  the- 
purpose  of  formulating  fair  trade  practices  to  govern  the  relation- 
ships between  production  and  distribution  employers  under  this 
Supplemental  Code  and  under  such  others  to  the  extent  that  such 
fair  trade  practices  may  be  proposed  to  the  Administrator  as  amend- 
ments to  this  Supplemental  Code  and  such  other  Codes. 

Article  VI — Accounting  and   Costing 

The  Code  Authority  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of  use 
by  all  employers  of  the  Subdivision.  After  such  system  and  meth- 
ods have  been  formulated,  full  details  concerning  them  shall  be  made 
available  to  all  employers.  Thereafter  all  employers  shall  deter- 
mine and/or  estimate  costs  in  accordance  with  the  principles  of  such 
methods. 

Article  VII — Selling  Below  Reasonable  Cost 

When  the  Code  Authority  determines  that  an  emergency  exists  in 
this  Subdivision  and  that  the  cause  thereof  is  destructive  price- 
cutting  such  as  to  render  ineii'ective  or  seriously  endanger  the  main- 
tenance of  the  i^rovisions  of  this  Supplemental  Code,  the  Code 
Authority  may  cause  to  be  determined  the  lowest  reasonable  cost  of 
the  products  of  this  Subdivision,  such  determination  to  be  subject 
to  such  notice  and  hearing  as  the  Administrator  may  require.  The 
Administrator  may  approve,  disapprove,  or  modify  the  determina- 
tion. Thereafter,  during  the  period  of  the  emergency,  it  shall  be 
an  unfair  trade  practice  for  any  emploj^er  of  the  Subdivision  to  sell 
or  offer  to  sell  any  jjroducts  of  the  Subdivision  for  which  the  lowest 
reasonable  cost  has  been  determined,  at  such  prices  or  upon  such 
terms  or  conditions  of  sale  that  the  buyer  will  paj^  less  therefor  than 
the  lowest  reasonable  cost  of  such  products. 

When  it  appears  that  conditions  have  changed,  the  Code  Author- 
ity, upon  its  own  initiative  or  upon  the  request  of  any  interested 
party,  shall  cause  tlie  determination  to  be  reviewed. 

Article  VIII — Price  Lists 

(a)  If  and  when  Code  Authority  determines  that  in  any  group 
of  the  Subdivision  it  has  been  the  generally  recognized  practice  to 
sell  a  specified  product  on  the  basis  of  net  price  lists,  or  price  lists 
with  discount  sheets,  and  terms  of  sale  and  payment,  each  employer 
engaged  in  the  manufacture  of  such  product,  shall,  within  ten  (10) 
days  after  notice  of  such  determination,  file  with  Code  Authority  a 
net  price  list,  or  a  price  list  with  discount  sheet,  as  the  case  may  be, 
individually  prepared  by  him,  showing  his  current  prices,  or  prices 


366 

and  discounts,  and  terms  of  sale  and  payment  for  such  specified 
product,  and  Code  Authority  shall  immediately  publish  and  send 
copies  thereof  to  all  known  employers  who  are  cooperating  under 
this  Supplemental  Code  as  described  in  Article  V  (d)  and  engaged 
in  the  manufacture  of  such  specified  products. 

Revised  price  lists  and/or  discount  sheets  and/or  terms  of  sale  and 
payment  may  be  filed  from  time  to  time  thereafter  with  the  Code 
Authority  hj  any  such  employer,  to  become  operative  upon  the  date 
specified  therein,  but  such  revised  price  lists  and/or  discount  sheets 
and  or  terms  of  sale  and  payment  shall  be  filed  with  the  Code  Au- 
thority ten  (10)  days  in  advance  of  the  operative  date.  Copies 
thereof,  with  notice  of  the  operative  date  specified,  shall  be  imme- 
diately published  and  sent  to  all  employers  cooperating  under  this 
Supplemental  Code  as  described  in  Article  V  (d),  any  of  whom  may 
file,  if  he  so  desires,  revisions  of  his  price  lists  and/or  discount 
sheets  and/or  terms  of  sale  and  payment,  which  shall  become  effective 
upon  the  date  when  the  revised  price  list  and/or  discount  sheet 
and/or  terms  of  sale  and  payment  first  filed  shall  go  into  effect.^ 

(b)  If  and  when  Code  Authority  shall  determine  that  in  any  group 
of  the  Subdivision  not  now  selling  its  product  on  the  basis  of  price 
lists,  with  or  without  discount  sheets,  with  terms  of  sale  and  payment, 
the  distribution  or  marketing  conditions  in  the  group  are  the  same  as, 
or  similar  to  the  distribution  or  marketing  conditions  in  a  group 
where  the  use  of  price  lists,  with  or  without  discount  sheets 
and  terms  of  sale  and  payment  is  well  recognized,  and  that  a  system 
of  selling  on  net  price  lists  or  price  lists  and  discount  sheets  with 
terms  of  sale  and  payment  for  such  specified  product  should  be  put 
into  effect  in  such  group,  then  each  employer  in  such  group  shall, 
within  twenty  (20)  days  after  notice  of  such  determination,  file  with 
Code  Authority  net  price  lists  or  price  lists  and  discount  sheets,  with 
terms  of  sale  and  payment,  showing  his  prices  and  discounts  and 
terms  of  sale  and  payment,  and  the  Code  Authority  shall  immediately 
publish  and  send  copies  thereof  to  all  known  employers  who  are 
cooperating  under  this  Supplemental  Code,  and  such  price  lists 
and/or  discount  sheets  and/or  terms  of  sale  and  payment  may  be 
thereafter  revised  in  the  manner  hereinbefore  provided.  Provided 
that  Code  Authority  shall  make  no  determination  to  place  any  prod- 
uct of  the  Subdivision  (not  now  on  a  price  list  basis)  on  a  price  list 
basis,  as  provided  in  tliis  Section  unless  affirmative  consent  to  such 
determination  is  given  by  a  majority  vote  of  employers  who  are  at 
that  time  cooperating  under  this  Supplemental  Code  as  described  in 
Article  V  (d).  and  are  engaged  in  miiiiufacturing  such  product.  The 
eligibility  requirements,  method  and  effect  of  such  voting  shall  be 
the  same  as  is  provided  by  Article  V. 

(c)  Code  Authority  for  the  purpose  of  determining  the  lowest 
reasonable  cost,  shall,  to  the  extent  permitted  by  the  Act,  have  power 
on  its  own  initiative  or  on  the  complaint  of  any  employer,  to  investi- 
gate any  price  or  the  terms  of  sale  and  payment  for  any  product; 
and,  for  the  purpose  of  the  investigation  thereof,  to  require  an  em- 
ployer to  furnish  sucli  information  concerning  the  cost  of  manufac- 
turing and  selling  such  product  as  Code  Authority  shall  deem  neces- 
sary or  proper  for  such  purpose,  and  as  the  Act  may  allow.     Upon 

^  See  paragraph  2   (3)   of  order  approving  this  Code. 


367 

request,  said  information  thus  obtained  shall  be  available  to  the 
Administrator. 

No  employer  shall  sell  directly  or  indirectly  by  any  means  whatso- 
ever, any  product  of  the  Subdivision  covered  by  provisions  of  this 
Article  VIII  at  a  price  or  at  discounts  or  on  terms  of  sale  and  pay- 
ment, different  from  those  provided  in  his  own  current  net  price 
lists,  or  price  lists  and  discount  sheets,  and  terms  of  sale  and  payment. 

Article  IX — Trade  Practices 

Each  of  the  following  acts  and  practices  is  deemed  to  be  inimical 
to  the  best  interests  of  the  Subdivision  and  of  the  public  and  each  is, 
therefore,  hereby  declared  to  be,  and  to  constitute,  an  unfair  method 
of  competition  and  is  hereby  prohibited,  viz : 

1.  The  secret  payment  or  allowance  of  a  rebate,  refund,  commis- 
sion, credit,  unearned  discount  or  excess  allowance,  whether  in  the 
form  of  monej^  or  otherwise  or  the  offering  or  extending-  to  any 
customer  any  special  service  or  privilege  not  extended  to  all  cus- 
tomers of  the  same  class,  for  the  purpose  of  influencing  a  sale. 

2.  No  employer  of  the  Subdivision  shall  give,  permit  to  be  given, 
or  directly  offer  to  give,  anything  of  value  for  the  purpose  of  in- 
fluencing or  rewarding  the  action  of  any  employee,  agent,  or  repre- 
sentative of  another  in  relation  to  the  business  of  the  employer  of 
such  employee,  the  principal  of  such  agent  or  the  represented  party, 
without  the  knowledge  of  such  employer,  principal  or  party.  Com- 
mercial bribery  provisions  shall  not  be  construed  to  prohibit  free 
and  general  distribution  of  articles  commonly  used  for  advertising 
except  so  far  as  such  articles  are  actually  used  for  commercial 
bribery  as  hereinabove  defined. 

3.  Any  discrimination  between  purchasers  of  the  same  class  by 
the  sale  of  any  standardized  article,  having  a  published  price,  at 
any  price  below  the  seller's  published  price,  by  means  of  direct  or 
indirect  price  concessions,  or  by  means  of  any  privilege  not  extended 
to  such  purchasers  generally. 

4.  No  employer  of  the  Subdivision  shall  publish  advertising 
(whether  printed,  radio,  display  or  of  any  other  nature),  which  is 
misleading  or  inaccurate  in  any  material  particular,  nor  shall  any 
employer  in  any  way  misrepresent  any  goods  (including  but  without 
limitation  its  use,  trade-mark,  grade,  quality,  quantity,  origin,  size, 
substance,  character,  nature,  finish,  material,  content  or  preparation) 
or  credit  terms,  values,  policies,  services,  or  the  nature  or  form  of 
the  business  conducted. 

5.  The  publishing  or  circularizing  of  threats  of  suits  for  infringe- 
ment of  patents  or  trade-marks,  or  of  any  other  legal  proceedings, 
not  in  good  faith,  which  would  tend  to  harass  competitors  or  intimi- 
date their  customers. 

6.  The  engaging  in  destructive  price-cutting  by  any  employer  of 
this  Subdivision. 

Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  shall  not  apply  to  direct  export  sales  of  any  product,  or 
to  sales  of  any  product  destined  ultimately  for  export.     The  term 


368 

*'  export ''  shall  include  all  shipments  to  all  places  without  the  several 
states  of  the  United  States  and  the  District  of  Columbia;  provided, 
however,  that  no  shipment  to  any  territory  or  possession  of  the 
United  States  shall  be  considered  an  export  when  any  employer  is 
engaged  in  the  Subdivision  in  such  territory  or  possession. 

AUTICLE    XI — ^^lODIFICATIONS 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  any  order,  approval,  license, 
rule  or  regulation  issued  under  Title  I  of  the  Act. 

(b)  Any  amendments,  additions,  revisions,  or  supplements  of  this 
Supplemental  Code,  proposed  by  Code  Authority,  and  authorized 
by  the  aflEirmative  vote  of  two  thirds  of  the  employers  shall  be  in 
full  force  and  effect  upon  approval  by  the  President.  The  eligibility 
requirements,  method  and  effect  of  such  voting  shall  be  the  same 
as  provided  by  Article  V  hereof. 

Article  XII — Withdrawal 

Upon  thirty  (30)  days'  notice  to  the  Basic  Code  Authority  and  to 
the  Administrator,  this  Subdivision  may,  upon  the  concurring  af- 
firmative vote  of  employers  within  the  said  Subdivision  entitled  to 
cast  two-thirds  or  more  of  all  the  votes  that  might  be  cast  by  all 
employers  within  the  Subdivision  entitled  to  vote  thereon,  withdraw 
from  the  jurisdiction  of  the  Basic  Code  Authority.  The  eligibility 
of  voters  and  the  method  and  effect  of  such  voting  shall  be  in  ac- 
cordance with  the  provisions  of  Article  V  hereof.  After  and  in  the 
event  such  withdrawal  is  accomplished,  this  Supplemental  Code, 
together  with  the  provisions  of  the  Code,  shall  become  and  be  the 
sole  code  governing  this  Subdivision  and  the  Code  Authority  shall, 
for  this  Subdivision,  become  and  be  the  sole  Code  Authority  and  shall 
perform  all  the  functions  with  respect  thereto. 

Article  XIII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Supplemental  Code  presented  by  it  is  not 
designed  to  promote  monopoly,  and  shall  not  be  so  construed  or 
applied  as  to  oppress  or  eliminate  small  enterprises  or  discriminate 
against  them,  and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIV — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on 
all  persons  engaged  in  the  Subdivision  on  the  eleventh  day  after  its 
approval. 

Approved  Code  No.  347 — Supplement  No.  35. 
Registry  No.  1328-05. 


Approved  Code  No.  201 — Supplement  No.  15 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR  THE 

BUTTON  JOBBERS'  OR  WHOLESALERS'  TRADE 

As  Approved  on  July  26,  1934 


ORDER 


Supplementary  Code  of  Fair  Competitiox  for  the  Button 
Jobbers'  or  Wholesalers'  Trade 

a  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recover}'  Act,  approved  June  16,  1933,  for  the  approval  of  a  Sup- 
plemental Code  of  Fair  Competition  for  the  Button  Jobbers'  or 
Wholesalers'  Trade  to  the  Code  of  Fair  Competition  for  the  Whole- 
saling or  Distributing  Trade,  and  hearings  having  been  duly  held 
thereon  and  the  annexed  report  on  said  Code,  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  i,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  Authority  vested  in  me  by  Executive  Orders  of  the  Pres- 
ident, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Supplemental  Code  complies  in  all 
respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act ;  and  do  hereby  order  that  said 
Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby  approved, 
subject,  however,  to  the  following  conditions: 

(1)  The  Trade  Practice  Committee  set  up  in  Article  III,  Section 
5  (a)  is  hereby  empowered  to  confer  with  the  Code  Authority  for 
the  Medium  and  Low  Priced  Jewelry  Manufacturing  Industry  or 
any  agency  designated  by  that  Code  Authority  to  arrive  at  some 
mutual  proposal  to  be  submitted  to  the  Administrator,  on  the  subject 
of  maximum  discounts. 

(2)  Any  member  of  the  Trade  or  of  any  other  Trade  or  Industry 
or  the  customers  of  either  may  at  any  time  complain  to  the  Supple- 
mental Code  Authority  that  any  price  constitutes  unfair  competi- 
tion as  destructive  price  cutting,  imperiling  small  enterprises  or 
tending  toward  monopoly  or  the  impairment  of  Code  wages  and 

(369) 


370 

working  conditions.  The  Supplemental  Code  Authority  shall  within 
five  (5)  days  afford  an  opportunity  to  the  member  of  the  Trade 
complained  of  to  answer  such  complaint  and  shall  within  fourteen 
(14)  days  make  a  ruling  or  adjustment  thereof.  If  such  ruling  is 
not  concurred  in  by  either  party  to  the  complaint,  all  papers  shall 
be  referred  to  the  Research  and  Planning  Division  of  N.R.A. 
which  shall  render  a  report  and  recommendations  thereon  to  the 
Administrator. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

July  ^6,  19S4. 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Home. 
Sir  :  This  is  a  report  of  the  Hearino;  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Button  Jobbers'  or  Wholesalers'  Trade 
conducted  in  Room  D  of  the  Washington  Hotel  on  May  10,  1934. 
The  Supplemental  Code  which  is  attached  was  presented  by  a  duly 
qualified  and  authorized  representative  of  the  Trade  complying  with 
the  statutory  requirements. 

THE    TRADE 

According  to  statistics  furnished  by  members  of  the  Button  Jab- 
bers' or  Wholesalers'  Trade,  it  is  estimated  that  in  the  Men's  Wear 
Division  there  are  approximately  twenty-five  (25)  concerns  with 
aggregate  annual  sales  of  $4,500,000.  and  in  the  Women's  Wear  Divi- 
sion there  are  approximately  one  hundred  and  thirty  (130)  concerns 
with  aggregate  annual  sales  of  $16,000,000.  In  the  Men's  Wear 
Division  approximately  four  hundred  (400)  persons  are  employed 
compared  with  three  hundred  (300)  in  1929.  In  the  Women's  Wear 
Division  approximately  sixteen  hundred  and  fifty  (1,650)  persons 
are  now  employed  compared  with  twelve  hundred  and  fifty  (1,250) 
in  1929. 

PROVISIONS  OF  THE  CXDDE 

Since  this  Code  is  supplemental  to  the  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade,  it  contains  no  labor 
provisions. 

The  provisions  containing  supplemental  definitions  are  considered 
inclusive  and  accurate. 

The  supplement  to  the  Administrative  provisions  of  the  General 
Code  establishes  a  Divisional  Code  Authority  which  is  fairly  and 
adequately  representative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practices  proposed  are  not  considered  in  any  way 
objectionable, 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis  of 
all  the  proceedings  in  this  matter ; 

I  find  that 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 
ancl  will  provide  for  the  general  welfare  by  promoting  the  organi- 
zation of  trade  for  the  purpose  of  cooperative  action  among  trade 

(371) 


groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate*  governmental  sanction  and  supervision^ 
by  eliminating  unfair  competitive  practices,  by  promoting  the  fullest 
possible  use  of  the  present  productive  capacity  of  industries,  by 
avoiding  undue  restriction  of  production  (except  as  may  be  tempo- 
rarily required),  b}'  increa.'iing  the  consumption  of  industrial  and 
agricultural  i:)roducts  through  increasing  purchasing  power,  by  re- 
ducing and  relieving  unemi)loyment.  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  employs  not  more  than  50,000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade;  and  that  said  association  imposes  no  inequi- 
table restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  Avill  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of 
this  Supplemental  Code. 

For  these  reasons,  the  Supplemental  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Ad?7iinistrator. 
July  26,  1934. 


SUPPLEMENTAKY  CODE   OF  FAIR  COMPETITION  FOR 
THE  BUTTON  JOBBERS'  OR  WHOLESALERS'  TRADE 

A   DIVISION   OF  THE   WHOLESALING   OR   DISTRIBUTING   TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  Button  Jobbers'  or  Wholesalers'  Trade 
pursuant  to  Article  VI,  Section  1  (c)  of  the  General  Code  of  Fair 
Competition  for  the  Wholesaling  or  Distributing  Trade,  approved 
by  the  President  of  the  United  States  on  January  12,  1934.  All 
provisions  of  the  said  General  Code  which  are  not  in  conflict  with 
the  provisions  of  this  Supplemental  Code  are  hereby  incorporated 
by  reference  in  this  Supplemental  Code  and  made  part  hereof.  Such 
provisions  of  the  General  Code  together  with  the  supplementing  pro- 
visions of  this  Code  are  the  standards  of  fair  competition  for  and 
are  binding  upon  every  member  of  said  Button  Jobbers'  or  Whole- 
salers' Trade. 

Article  II — Definitions 

Section  1.  The  term  "  Trade  ",  as  used  herein,  shall  mean  the 
business  of  selling  at  wholesale  to  the  following  trades  the  following 
articles  purchased  or  secured  from  a  manufacturer  or  other  primary 
seller : 

(a)  Buttons,  buckles,  slides,  and  ornaments  used  on  ladies',  misses', 
and  children's  apparel,  made  of  various  kinds  of  material  to : 

(1)  The  cutting-up  trade,  manufacturing  ladies',  misses',  and 
children's  apparel. 

(2)  Retail  Department,  dry  goods,  and  trimming  stores. 

(3)  Chain  Stores. 

(4)  Wholesale  Drv  Goods  and  notion  jobbers  and  jobbers  in  this 
Trade. 

(b)  Buttons  and  small  wear  used  on  men's  and  boys'  clothing  to 
the  cutting-up  trade  manufacturing  such  clothing  and  to  tailor  trim- 
ming jobbers. 

Section  2.  The  term  "  Wholesaler  "  or  "  Jobber  "  as  used  herein 
shall  include,  but  without  limitation,  any  individual,  association, 
partnership,  corporation,  or  any  other  form  of  business  enterprise 
or  a  definitely  organized  division  thereof,  engaged  in  business  in 
this  Trade  as  it  is  defined  in  Section  1  hereof. 

Section  3.  The  term  '"  Member  of  the  Trade  "  as  used  herein,  shall 
mean  any  Wholesaler  engaged  in  the  Trade  as  it  is  defined  in  Sec- 
tions 1  and  2  hereof. 

Section  4.  The  term  "  Divisional  Code  Authority  ",  as  used  herein,, 
shall  mean  the  Divisional  Code  Authority  for  the  Button  Jobbers'  or 
Wholesalers'  Trade,  a  division  of  the  Wholesaling  or  Distributing 
Trade. 

(373) 


374 

Sectiox  5.  The  term  "  General  Code  ",  as  used  herein,  shall  mean 
the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade, 

Abticle  III — Administration 

SUPPLEMENTING  ARTICLE  VI,  OF  THE  GENERAL  CODE 

Section  1.  For  the  purposes  of  representation  on  the  Divisional 
Code  Authorit}^  and  administration,  tlie  Button  Jobbers'  or  Whole- 
salers' Trade  shall  be  divided  into  two  divisions  as  follows : 

(a)  Women's  Wear  Division,  embracing  the  Trade  as  defined  in 
Article  II,  Section  1,  Subsection  (a)  hereof. 

(b)  Men's  Wear  Division,  embracing  the  Trade  as  defined  in 
Article  II,  Section  1,  Subsection  (b)  hereof. 

Section  2.  The  Divisional  Code  Authority  for  this  Trade  shall 
consist  of  sixteen  (16)  members  of  the  Trade;  nine  (9)  to  be  ap- 
pointed by  the  Board  of  Directors  of  the  Button  Merchants'  Asso- 
ciation of  America,  Inc.,  as  representing  the  Women's  Wear  Division; 
five  (5)  to  be  appointed  by  the  Board  of  Directors  of  the  Men's 
Wear  Button  Jobbers'  Association,  Inc.,  as  representing  the  Men's 
Wear  Division;  and  two  (2)  to  be  selected  in  a  fair  manner  to  be 
approved  by  the  Administrator  from  members  of  the  Trade  who 
are  not  members  of  either  of  said  Associations,  one  (1)  from  the 
Women's  Wear  Division  and  one  (1)  from  the  Men's  AVear  Division. 

Section  3.  (a)  The  Members  of  the  Divisional  Code  Authority 
appointed  by  the  Button  Merchants'  Association  of  America,  Inc., 
together  with  the  one  member  selected  to  represent  the  members  of 
the  AVomen's  Wear  Division  who  are  not  members  of  the  said 
Association  shall  constitute  the  control  committee  for  the  Women's 
Wear  Divisi(m  of  the  Trade. 

(b)  It  shall  be  the  duty  of  this  control  committee  to  exercise  the 
functions  of  the  Divisional  Code  Authority  necessary  to  secure  the 
proper  administration  of  the  provisions  of  this  Supplemental  Code 
in  the  Women's  AVear  Division  of  the  Trade. 

(c)  The  members  of  the  Divisional  Code  Authority  appointed  by 
the  Men's  AVear  Button  Jobbers'  Association,  Inc.  together  with  the 
one  member  selected  to  represent  the  members  of  the  Men's  AVear 
Division  who  are  not  members  of  the  said  Association  shall  consti- 
tute the  control  committee  for  the  Men's  Wear  Division  of  the  Trade. 

(d)  It  shall  be  the  duty  of  this  control  committee  to  exercise  the 
functions  of  the  Divisional  Code  Authority  necessary  to  secure  the 
proper  administration  of  the  provisions  of  this  Supplemental  Code 
in  the  Men's  AA^'ear  Division  of  the  Trade. 

Section  4.  The  terms  of  office  of  members  of  the  Divisional  Code 
Authority  and  the  method  of  selecting  their  successors,  whether  for 
full  new  terms  or  for  unexpired  terms,  shall  be  established  in  the 
by-laws  of  the  Divisional  Code  Authority. 

Section  5.  The  Divisional  Code  Authority  shall  have  the  follow- 
ing duties  and  powers,  in  addition  to  those  prescribed  in  the  General 
Code,  subject  to  review  by  the  Administrator: 

(a)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  other  Codes  of 
Fair  Competition  except  other  Supplemental  Codes  of  Fair  Competi- 
tion to  the  General  Code,  for  the  purposes  of  fornudating  Fair  Trade 


375 

Practices  to  govern  the  relationships  between  production  and  dis- 
tribution employers  under  this  Supplemental  Code  and  under  such 
other  Codes  of  Fair  Competition,  to  the  end  that  such  Fair  Trade 
Practices  may  be  proposed  to  the  Administrator  as  amendments  to 
this  Supplemental  Code  and  to  such  other  Codes  of  Fair  Competi- 
tion.^ 

(b)  To  organize,  elect  officers,  hire  employees,  appoint  agents, 
and  perform  such  other  acts  as  may  be  necessary  for  the  proper 
administration  of  this  Supplemental  Code  and  the  General  Code. 

(c)  To  adopt  by-laws  and  rules  and  regulations  for  its  procedure. 

(d)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein  provided  that  nothing  herein  shall  relieve  the  Divisional  Code 
Authority  of  its  duties  or  responsibilities  under  this  Supplemental 
Code,  and  that  such  trade  associations  and  agencies  shall  at  all 
times  be  subject  to  and  comply  with  the  provisions  hereof. 

(e)  To  obtain  from  members  of  the  Trade,  through  a  confidential 
agency,  such  information  and  reports  as  are  required  for  the  admin- 
istration of  the  Code. 

In  addition  to  information  required  to  be  submitted  to  the  General 
Code  Authority  and  to  the  Divisional  Code  Authority  members  of 
the  Trade  subject  to  this  Code  shall  furnish  such  statistical  informa- 
tion as  the  Administrator  may  deem  necessary  for  the  purposes 
recited  in  Section  3  (a)  of  the  Act,  to  such  federal  and  state  agencies 
as  he  may  designate;  provided  that  nothing  in  this  Code  shall 
relieve  any  member  of  the  Trade  of  any  existing  obligations  to  fur- 
nish reports  to  any  government  agency. 

No  individual  report  shall  be  disclosed  to  any  other  member  of 
the  Trade  or  any  other  party  except  to  such  other  governmental 
agencies  as  may  be  directed  by  the  Administrator. 

(f)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions 
to  govern  members  of  the  Trade  in  their  relations  with  each  other 
or  with  other  trades,  measures  for  industrial  planning,  and  stabiliza- 
tion of  employment;  and  including  modifications  of  this  Supple- 
mental Code  which  shall  become  effective  as  part  hereof  upon  ap- 
proval by  the  Administrator  after  such  notice  and  hearing  as  he  may 
specify. 

Section  6.  Upon  the  request  of  the  Divisional  Code  Authority,  the 
Administrator  may  appoint  an  impartial  person  to  make  such  in- 
spection of  the  books  and  records  of  any  member  of  the  Trade  as 
may  be  necessary  to  ascertain  whether  or  not  any  violation  of  this 
Supplemental  Code  has  been  or  is  being  committed. 

Section  T.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  members  of  the  Divisional  Code  Au- 
thority be  liable  in  any  manner  to  anyone  for  any  act  of  any  other 
member,  officer,  agent,  or  employee  of  the  Divisional  Code  Authority. 
Nor  shall  any  member  of  the  Divisional  Code  Authority,  exercising 
reasonable  diligence  in  the  conduct  of  his  duties  hereunder,  be  liable 
to  anyone  for  any  action  or  omission  to  act,  under  this  Supplemental 
Code,  except  for  his  own  willful  malfeasance  or  nonfeasance. 


^  See  paragraph  2    (1)   of  order  approvinjj  this  Code. 
80835—34 19 


376 

Section  8.  If  the  Administrator  shall  determine  that  anj'  action  of 
the  Divisional  Code  Authority  or  any  agency  thereof,  may  be  un- 
fair or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration of  such  Divisional  Code  Authority  or  agencj^,  pending 
final  action,  which  shall  not  be  effective  unless  the  Administrator 
approves  or  unless  he  shall  fail  to  disapprove  after  thirty  days' 
notice  to  him  of  intention  to  proceed  with  such  action  in  its  original 
or  modified  form. 

Section  9.  (a)  It  being  found  necessary  in  order  to  support  the 
administration  of  this  Supplemental  Code  and  to  maintain  the 
standards  of  fair  comjDetition  established  hereunder  and  to  effectuate 
the  policy  of  the  Act,  the  Divisional  Code  Authority  is  authorized: 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  this  Supplemental  Code. 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
Fuch  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  tlie  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  the 
Trade ; 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Trade,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

(b)  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Trade  complying  with  the  Supplemental  Code 
and  contributing  to  the  expenses  of  its  administration  as  herein- 
above provided,  unless  duly  exempted  from  making  such  contribu- 
tions, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Divisional  Code  Authority  or  to  receive  the  benefits  of  any 
of  its  voluntary  activities  or  to  make  use  of  any  emblem  or  insignia 
of  the  National  Recovery  Administration. 

(c)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligations  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  ex- 
penditures in  excess  of  prior  budget  estimates  except  those  which 
the  Administrator  .shall  have  so  ai)proved. 

Article  IV — Trade  Practice  Provisions 

SUPPLEMENTING   ARTICLE   VII   OF  THE  GENERAL  CODE 

Section  1.  Provisions  applying  to  transactions  between  members 
of  the  Trade  and  any  of  their  customers  in  both  the  Women's  Wear 
and  Men's  Wear  Divisions : 


377 

(a)  Stlling  on  Consignment. — No  merchandise  shall  be  shipped 
on  memorandum  or  on  consignment  for  sale  by  any  member  of  this 
Trade ;  the  terms  "  memorandum  "  and  "  consignment  "  to  mean 
that  no  option  shall  be  given  to  return  merchandise  for  exchange 
or  credit  after  delivery  of  such  merchandise,  except  where  the  said 
terms  "  memorandum "  and  "  consignment  "  are  hereafter  other- 
wise defined  except  that  the  Divisional  Code  Authority  with  the 
approval  of  the  Administrator  may  permit  shipments  on  consign- 
ment where  special  circumstances  of  the  Trade  require  the  practice. 

(b)  Shipments. — All  shipments  of  merchandise  to  customers  shall 
be  made  F.O.B.  point  of  shipment,  except  shipments  by  members  of 
this  Trade  from  point  to  point  within  the  metropolitan  area  of 
trade  distributing  centers,  except  where  it  is  hereafter  otherwise 
provided. 

Section  2.  Provisions  applying  to  Women's  Wear  Division : 

(a)  Provisions  applicable  to  transactions  with  the  cutting-up  trade 
manufacturing  ladies',  misses',  and  children's  apparel : 

(1)  Terms  and  DisGOunt. — The  maximum  terms  of  credit  to  cus- 
tomers of  members  of  this  division  of  the  Trade  shall  be  two  per 
cent  (2%)  cash  discount  ten  (10)  days  e.o.m.  Payment  may  be  an- 
ticipated at  the  rate  of  six  per  cent  (6%)  per  annum.  No  deferred 
datings  are  permitted  except  that  goods  shipped  after  the  twenty- 
fourth  (24th)  day  of  any  month  may  be  considered  as  shipped  on 
the  first  (1st)  day  of  the  following  month. 

(2)  Rehates. — The  giving  or  distribution  of  merchandise  gratis  in 
any  quantity  in  the  form  of  samples;  the  absorption  of  transporta- 
tion costs;  the  promise  to  accept  and/or  the  acceptance  of  merchan- 
dise for  credit  after  the  season;  the  allowance  of  discounts  for  adver- 
tising or  for  payment  for  space  in  newspapers,  magazines,  guides, 
or  directories  on  behalf  of  any  customer  to  be  used  in  promoting  the 
sale  of  merchandise  to  the  consumer  shall  be  deemed  acts  of  unfair 
competition  and  are  prohibited,  except  that  the  furnishing  of  one 
(1)  specimen  button,  buckle,  slide,  or  ornament  of  any  one  (1)  color 
to  any  one  (1)  customer;  the  absorption  of  transportation  costs  on 
shipments  by  members  of  this  division  of  the  Trade  from  point  to 
point  within  the  metropolitan  area  of  trade  distributing  centers,  and 
the  supplying  of  advertising  cuts  and  matrices  shall,  however,  not 
be  included  in  such  jorohibition. 

(b)  Provisions  ap])iicable  to  transactions  with  retail  department, 
dry  goods,  and  trimming  stores: 

(1)  Terms  and  Discounts. — The  maximum  terms  of  credit  by  mem- 
bers of  this  subdivision  of  the  Trade  to  retail  department,  dry  goods, 
and  trimming  stores  shall  be  eight  percent  (8%)  cash  discount,  ten 
(10)  days  e.o.m.  on  regular  goods  and  three  percent  (3%)  cash  dis- 
count, ten  (10)  days  e.o.m.  on  pearl  goods.  Payment  may  be  antici- 
pated at  the  rate  of  six  percent  (6% )  per  annum.  No  deferred  dat- 
ings are  permitted,  except  that  goods  shipped  after  the  twenty- 
fourth  (24th)  day  of  any  month  may  be  considered  as  shipped  on 
the  first  (1st)  day  of  the  following  month. 

(2)  Selling  on  Consignment. — No  merchandise  shall  be  shipped  on 
memorandum  or  on  consignment  for  sale  by  any  member  of  this  diAa- 
sion  of  the  Trade  to  retail  department,  dry  goods,  and  trimming 
stores;  the  term  "memorandum"  and  "consignment"  to  mean  that 
no  option  to  return  merchandise  for  exchange  or  credit  shall  be  gi^-en 


378 

for  a  period  greater  than  ten  (10)  days  after  delivery  of  the  mer- 
chandise except  that  the  Divisional  Code  Authority/ with  the  ap- 
pioval  of  the  Adminii?trator,  may  permit  shipments  on  consignment 
where  special  circumstances  of  the  Trade  require  the  practice. 

(3)  Eehates. — The  giving  or  distribution  of  merchandise  gratis 
in  any  quantity  in  the  form  of  samples;  the  absorption  of  transpor- 
tation costs;  the  promise  to  accept  and/or  the  acceptance  of  mer- 
chandise for  credit  after  the  season ;  the  giving  to  resident  offices 
or  group  buying  offices  of  special  consideration,  secret  rebates,  or 
advantages  greater  than  tlie  discount  and  terms  provided  in  this 
Code;  the  allowance  of  discounts  for  advertising  or  for  payment  for 
space  in  newspapers,  magazines,  guides,  or  directories  on  behalf  of 
any  customer  to  be  used  in  promoting  the  sale  of  merchandise  to  the 
consumer  shall  be  deemed  acts  of  unfair  competition  and  are  pro- 
hibited, except  that  furnishing  of  one  (1)  specimeji  button,  buckle, 
slide,  or  ornament  of  any  one  (1)  color  to  any  one  (1)  customer; 
the  absorption  of  transportation  costs  on  shipments  by  members  of 
this  division  of  the  Trade  from  point  to  point  within  the  metropoli- 
tan area  of  trade  distributing  centers,  and  the  supplying  of  adver- 
tising cuts  and  matrices  shall,  however,  not  be  included  in  such 
prohibition. 

(c)   Provisions  applicable,  to  transactions  with  chain  stores: 

(1)  For  the  purposes  of  this  Code,  a  "chain  store"  is  defined  as 
one  of  a  group  of  stores  of  the  same  ownership  all  of  them  selling 
the  same  articles  at  the  same  standard  price. 

{'2,)  Terms  and  Discount. — The  maximum  terms  of  credit  by  mem- 
bers of  this  division  of  the  Trade  to  chain  stores  on  the  sale  of 
buttons  shall  be  two  per  cent  (2%)  cash  discount,  ten  (10)  days 
e.o.m,,  F.O.B.  point  of  shipment,  and  free  delivery  on  shipments 
by  members  of  this  division  of  the  Trade  from  point  to  point  within 
the  metropolitan  area  of  trade  distributing  centers.  Payment  may 
be  anticipated  at  the  rate  of  six  per  cent  (6%)  per  annum. 

(3)  The  maximum  terms  of  credit  by  members  of  this  division 
of  the  Trade  to  chain  stores  on  the  sale  of  slides,  buckles,  and  orna- 
ments shall  be  two  per  cent  (2%)  cash  discount,  ten  (10)  days  e.o.m., 
F.O.B.  point  of  shipment,  and  free  delivery  on  shipments  by  mem- 
bers of  this  division  of  the  Trade  from  point  to  point  within  the 
metropolitan  area  of  trade  distributing  centers;  or  net  ten  (10)  days, 
free  delivery.  Payment  may  be  anticipated  at  the  rate  of  six  per 
cent  (6%)  per  annum. 

(4)  Shipiiients. — All  shipments  of  merchandise  by  members  of  this 
division  of  the  Trade  to  customers  shall  be  as  provided  in  Section  1 
(b)  of  this  Article,  or  as  provided  in  subdivisions  (2)  and  (3)  of 
this  Subsection. 

(5)  Rebates. — The  giving  or  distribution  of  merchandise  gratis  in 
any  quantity  in  the  form  of  samples;  the  absorption  of  transporta- 
tion costs;  the  promise  to  accept  and/or  the  acceptance  of  mer- 
chandise for  credit  after  the  season;  the  allowance  of  discounts  for 
advertising  or  for  payment  for  space  in  newspapers,  magazines, 
guides,  or  directories  on  behalf  of  any  customer  to  be  used  in  pro- 
moting the  sale  of  merchandise  to  the  consumer  shall  be  deemed  acis 
of  unfair  competition  and  are  prohibited,  except  that  the  furnishing 
of  one  (1)  specimen  button,  buckle,  slide,  or  ornament  of  any  one 


379 

(1)  color  to  any  one  (1)  customer;  the  absorption  of  transportation 
costs  on  shipments  by  members  of  this  division  of  the  Trade  from 
point  to  point  within  the  metropolitan  area  of  trade  distributing 
centers,  and  the  supplying  of  aclvertising  cuts  and  matrices  shall, 
however,  not  be  included  in  such  prohibition. 

(d)  Provisions  applicable  to  transactions  with  wholesale,  dry 
goods,  and  notion  jobbers,  and  jobbers  in  this  Trade: 

(1)  Terms  and  Discounts. — The  maximum  terms  of  credit  by 
members  of  this  division  of  the  Trade  to  jobbers  shall  be  two  per 
cent  (2%)  cash  discount,  ten  (10)  days,  sixty  (60)  days  extra.  Pay- 
ment may  be  anticipated  at  the  rate  of  six  per  cent  (6%)  per  annum. 

(2)  Sam-pies.,  Savvple  Cards,  Electros,  and  Cuts. — The  cliarge  for 
samples  for  buttons  actually  used  in  selling  by  the  jobbers  shall  be 
at  full  selling  prices;  sample  cards  and  labor  on  same  shall  be  fur- 
nished to  jobbers  free  of  charge. 

Section  3.  Provisions  applying  to  transactions  with  the  cutting- 
up  trade  manufacturing  men's  and  boys'  clothing  and  to  transactions 
with  tailor  trimming  jobbers  in  the  Men's  Wear  Division; 

(a)  Terms  and  Discount. — The  maximum  terms  of  credit  to  cus- 
tomers of  members  of  this  Trade  shall  be  net  ten  (10)  days,  e.o.m. 
Payment  may  be  anticipated  at  the  rate  of  six  per  cent  (6%)  per 
annum.  No  deferred  datings  are  permitted,  except  that  goods 
shipped  after  the  twenty-fourth  (24th)  day  of  any  month  may  be 
considered  as  shipped  on  the  first  (1st)  day  of  the  following  month. 

(b)  Rebates. — The  giving  or  distribution  of  merchandise  gratis 
in  any  quantity  in  the  form  of  samples;  the  absorption  of  trans- 
portation costs;  the  promise  to  accept  and/or  the  acceptance  of 
merchandise  for  credit  after  thirty  (30)  days  from  date  of  delivery 
thereof  to  the  customers ;  the  allowance  of  discounts  for  advertising 
or  for  payment  for  space  in  newspapers,  magazines,  guides,  or  di- 
rectories on  behalf  of  any  customer  to  be  used  in  promoting  the 
sale  of  merchandise  to  the  consumer  are  prohibited,  except  that 
the  furnishing  of  one  (1)  specimen  button  or  one  (1)  sample  of 
small  wear  of  any  one  (1)  color  to  any  one  (1)  customer;  the  ab- 
sorption of  transportation  costs  on  shipments  by  members  of  this 
Trade  from  point  to  point  within  the  metropolitan  area  of  trade 
distributing  centers  and  the  supplying  of  advertising  cuts  and  mat- 
rices shall,  however,  not  be  included  in  such  prohibition. 

Article  V — Costs  and  Price  Cuttixg  - 

Section  1.  The  standards  of  fair  competition  for  the  Trade  with 
reference  to  pricing  practices  are  declared  to  be  as  follows : 

(a)  Wilfully  destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden. 

(b)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  policies. 

(c)  When  an  emergenc}^  exists  as  to  any  given  product,  sale  below 
the  stated  minimum  price  of  such  product,  in  violation  of  Section  2 
hereof,  is  forbidden. 

2  See  paragraph  2  (2)  of  order  approving  this  Code. 


380 

Section  2.  Emergency  Provisions. —  (a)  If  the  Administrator, 
after  investigation,  shall  at  anj^  time  find  both  (1)  that  an  emer- 
gency has  arisen  within  the  Trade  adversely  affecting  small  enter- 
prises or  wages  or  labor  conditions  which  tend  to  defeat  the  pur- 
poses of  the  Act;  and  (2)  that  the  determination  of  the  stated  mini- 
mum price  for  a  specified  product  within  the  Trade  for  a  limited 
period  is  necessary  to  mitigate  the  conditions  constituting  such 
emergency  and  to  effectuate  the  purposes  of  the  x\ct,  the  Divisional 
Code  Authority  ma}'  cause  an  impartial  agency  to  investigate  costs 
and  to  recommend  to  the  Administrator  a  determination  of  the 
stated  minimum  price  of  the  product  affected  by  the  emergency 
and  thereupt)n  the  Administrator  may  proceed  to  determine  such 
stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimmn  price  for  a  specified  product  for  a  stated  period,  which 
l^rice  shall  be  reasonably  calculated  to  mitigate  the  conditions  of  such 
emergenc}'  and  to  effectuate  the  purposes  of  the  National  Industrial 
Recovery  Act,  he  shall  publish  such  price.  Thereafter,  during  such 
stateil  period,  no  member  of  the  Trade  shall  sell  such  specified  prod- 
ucts at  a  net  realized  price  below  said  stated  minimum  price  and 
any  such  sale  shall  be  deemed  destructive  price  cutting.  From  time 
to  time,  the  Divisional  Code  Authority  may  reconnnend  review  or 
reconsideration  or  the  Administrator  may  cause  any  determinations 
hereunder  to  bo  reviewed  or  reconsidered  and  appropriate  action 
taken. 

Section  3.  Co.sf  finding. — The  Divisional  Code  Authority  shall 
cause  to  be  for]ntdated  methods  of  cost  finding  and  accounting  capa- 
ble of  use  by  all  members  of  the  Trade,  and  shall  submit  such  meth- 
ods to  the  Administrator  for  review.  If  approved  by  the  Adminis- 
trator, full  information  concerning  such  methods  shall  be  made 
available  to  all  members  of  the  Trade.  Thereafter,  each  member  of 
the  Trade  shall  utilize  such  methods  to  the  extent  found  practicable. 
Nothing  herein  contained  shall  be  construed  to  permit  the  Divisional 
Code  Authority,  any  agent  thereof,  or  any  member  of  the  Trade  to 
suggest  uniform  additions,  percentages  or  differentials  or  other  uni- 
form items  of  cost  which  are  designed  to  bring  about  arbitrary  uni- 
formity of  costs  or  prices. 

Artici.k  VI — Powi:r  of  President  to  IModify 

This  Supplemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President  in  accordance  with 
the  provisions  of  the  Sub-section  (b)  of  Section  10  of  the  Act,  from 
time  to  time  to  cancel  or  modify  any  order,  approval,  license,  rule  or 
regulation  issued  under  Title  I  of  said  Act. 

Article  VII — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  10th  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201— Supplement  No.  15. 
Registry  No.  1612-05. 


Approved  Code  No.  201 — Supplement  No.  16 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR   THE 

SHEET  METAL  DISTRIBUTING  TRADE 

As  Approved  on  July  27,  1934 


ORDER 


AppRO\aNG    Supplementary    Code   of   Fair   Competition   for   the 
Sheet  Metal  Distributing  Trade 

A  DIVISION  OF  the  WHOLESALING  OR  DISTRIBUTING  TRADE 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Sheet  Metal  Distributing 
Trade  to  the  Code  of  Fair  Competition  for  the  Wholesaling  or 
Distributing  Trade,  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  Supplemental  Code,  containing  findings 
with  respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is 
hereby  approved;  subject,  however,  to  the  condition  that  the  pro- 
visions of  Article  IV,  Section  1  be  deleted  from  said  Code  and  the 
following  provisions  substituted  therefor : 

"Section  1(a)  Destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  sale  shall  be  deemed  prhna  fade 
destructive  price  cutting  if  the  net  sales  price  shall  be  less  than  the 
seller's  net  invoice  cost  plus  transportation  charges  to  seller's 
warehouse. 

"  Notwithstanding  the  provisions  of  this  Section  any  wholesaler 
may  sell  any  article  of  merchandise  at  a  price  as  low  as  the  price 
set  by  any  competitor  on  merchandise  which  is  identical  or  essen- 
tially the  same,  where  such  competitor's  price  does  not  violate  this 
Section  or  where  such  competitor  is  not  subject  to  the  provisions  of 
this  Supplemental  Code. 

(381) 


382 

"  Notwithstanding  the  provisions  of  this  Section  it  shall  not  be 
deemed  destructive  price  cutting  for  a  wholesaler  to  sell  the  follow- 
ing merchandise  at  less  than  net  mvoice  cost  plus  transportation 
charges,  as  provided  above:  obsolete  goods,  bona  tide  cioseout  mer- 
chandise, damaged  merchandise,  stocks  being  liquidated,  merchandise 
sold  for  charitable  purposes  or  to  unemployment  relief  agencies,  and 
such  other  merchandise  as  may  be  designated  by  the  Divisional  Code 
Autliority. 

"(b)  If  the  Administrator  shall  at  any  time  find  (1)  that  an 
emergency  has  arisen  within  the  trade,  adversely  affecting  small 
enterprises  or  wages  or  labor  conditions,  or  tending  toward  monop- 
oly or  other  acute  conditions  which  tend  to  defeat  the  purposes  of 
the  Act,  and  (2)  that  the  finding  of  a  basis  for  determining  mini- 
mum prices  for  all  or  any  specified  products  sold  by  the  trade  is 
necessary  for  a  limited  period  to  correct  the  conditions  constituting 
such  emergency  and  to  effectuate  the  purposes  of  the  Act,  the  Code 
Authority  may  cause  an  impartial  agency  to  investigate  costs  and 
to  recommend  to  the  Administrator  a  basis  for  determining  mini- 
mum prices  of  said  products.  Thereupon  the  Administrator  may 
fix  a  basis  for  determining  the  minimum  price  of  any  of  said  prod- 
ucts for  a  stated  period.  During  such  period  no  member  of  the  trade 
shall  sell  such  products  at  a  net  realized  price  below  the  minimum 
price  determined  in  accordance  with  the  base  so  fixed.  From  time 
to  time  the  Code  Authority  may  recommend  review  or  reconsidera- 
tion or  the  Administrator  may  cause  any  det-ermination  hereunder 
to  be  reviewed  or  reconsidered,  and  appropriate  action  taken." 

Hugh  S.  Johnson, 
AdTninistrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 
Washington,  D.  C, 

July  27,  1931t. 


REPORT  TO  THE  PRESIDENT 

The  Presidext, 

The  White  House. 
Sir:  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Sheet  Metal  Distributing  Trade,  con- 
ducted in  Room  2062,  Department  of  Commerce  Building,  Washing- 
ton, D.  C,  on  April  6,  1934.  The  Supplemental  Code  which  is 
attached  was  presented  by  duly  qualified  and  authorized  representa- 
tives of  the  Trade,  complying  with  the  statutory  requirements,  said 
to  represent  about  68  per  cent  in  number  and  about  68  per  cent  in 
volume  of  sales  of  the  Trade  which  could  be  included  under  this 
Supplemental  Code. 

THE  TRADE 

The  Census  of  Wholesale  Distribution  does  not  separately  classify 
this  Trade,  According  to  what  appear  to  be  carefully  and  intelli- 
gently compiled  statistics  furnished  by  members  of  the  Trade  there 
are  at  the  present  time  185  concerns  engaged  in  this  business.  In 
1929  there  were  approximately  185  concerns  so  engaged.  Total 
annual  sales  in  the  Trade  in  1929  were  about  $38,000,000,  and  em- 
ployees were  approximately  5,000  in  number.  In  1933  sales  had 
declined  to  about  $22,000,000,  while  the  number  of  employees  had 
fallen  to  about  4,500. 

prom:sioxs  of  the  supplemental  code 

Since  this  Code  is  supplemental  to  the  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade,  it  contains  no  labor  pro- 
visions. The  provisions  containing  supplementary  definitions  are 
inclusive  and  accurate. 

The  supplement  to  the  administrative  provisions  of  the  General 
Code  establishes  a  Divisional  Code  Authority  which  is  fairly  and 
adequately  representative  of  all  the  different  elements  m  the  Trade. 
The  Constitution  and  By-laws  contain  no  inequitable  restrictions  on 
membership.  The  method  provided  for  the  election  of  the  members 
of  the  Divisional  Code  Authority  adequately  protects  those  members 
of  the  Trade  which  are  not  members  of  the  Association. 

The  Trade  Practice  rules  contained  in  this  Supplemental  Code  are 
not  in  any  respect  objectionable  and  are  designed  to  promote  fair 
competition  in  the  Trade. 

FIXDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code,  having  found  as  herein  set  forth,  and  on  the  basis 
of  all  the  proceedings  in  this  matter; 

(383) 


384 

I  find  that— 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  inter- 
state and  foreign  commerce  which  tend  to  diminish  the  amount 
thereof,  and  will  provide  for  the  general  welfare  by  promoting  the 
organization  of  industry  for  the  purposes  of  cooperative  action 
among  trade  groups,  bj^  inducing  and  maintaining  united  action  of 
labor  and  management  under  adequate  governmental  sanction  and 
supervision,  by  eliminating  unfair  competitive  practices,  by  promot- 
ing the  fullest  possible  use  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temporarily  required),  by  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving  stand- 
ards of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  employ's  not  more  than  50,000  employees 
and  is  not  classified  b}^  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  association  imposes  no  inequitable 
restrictions  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  Avill  not  operate  to  discrim- 
inate against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of  this 
Supplemental  Code. 

For  these  reasons  the  Supplemental  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dimnistrator. 
July  27,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  SHEET  METAL  DISTRIBUTING  TRADE 

A  DIVISION   OF   THE   WHOLESALING   OR   DISTRIBUTING   TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  this  Supplemental  Code  is  established  as  a  Code  of  Fair 
Competition  for  the  Sheet  Metal  Distributing  Trade  pursuant  to 
Article  VI,  Section  1  (c)  of  the  Code  of  Fair  Competition  for  the 
Wholesaling  or  Distributing  Trade,  approved  by  the  President  of 
the  United  States  on  January  12,  1934.  All  provisions  of  the  said 
General  Code  which  are  not  in  conflict  with  the  provisions  of  this 
Supplemental  Code  are  hereby  incorporated  by  reference  in  this 
Supplemental  Code  and  made  a  part  hereof.  Such  provisions  of  the 
General  Code  together  with  the  supplementing  provisions  of  this 
code  are  the  standards  of  fair  competition  for  and  are  binding  upon 
every  member  of  said  Sheet  Metal  Distributing  Trade. 

Article  II — Definitions 

Section  1.  The  term  "  Distributor  ",  as  used  herein,  shall  mean 
any  individual,  partnership,  corporation,  association,  or  other  form 
of  enterprise  or  definitely  organized  division  thereof,  specifically  set 
up  to  render  a  general  distribution  service,  whose  business  is  selling 
to  sheet  metal  contractors,  roofers,  fabricators,  retailers,  industrial, 
and  other  users;  who  carries  an  adequately  diversified  stock  of  fer- 
rous and/or  ferrous  coated  sheet  metals  including,  but  without  limi- 
tation, galvanized  sheets,  metal  roofing  and  siding,  tin  plate,  sheet 
zinc,  and  kindred  lines  defined  as  eaves  trough,  conductor  pipe  and 
elbows,  tinners'  tools,  solder,  but  not  including  iron  and  steel  sheets, 
except  galvanized  sheets;  buys  such  merchandise;  warehouses  a  re- 
serve stock  of  it  for  servicing  the  Trade  through  salesmen,  advertis- 
ing, and/or  sales  promotion  devices;  resells  it;  assumes  the  credit  risk 
and/or  such  other  obligations  as  are  incident  to  the  transportation, 
warehousing  and  distribution  of  sheet  metals  and  kindred  lines. 
The  term  shall  not  include  any  distributors  whose  business  is  prin- 
cipally the  distribution  of  sheet  steel  seconds. 

Section  2.  The  term  "  Divisional  Code  Authority  ".  as  used  herein, 
shall  mean  the  Divisional  Code  Authority  for  the  Sheet  Metal  Dis- 
tributing Trade,  a  Division  of  the  Wholesalinsf  or  Distributing 
Trade. 

Section  3.  The  term  "General  Code",  as  used  herein,  shall  mean 
the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade. 

(385) 


Article  III — Administration 

SUPPLEMENTING  ARTICLE  VI  OF  THE  GENERAL  CODE 

Section  1.  The  Divisional  Code  Authority  for  the  Sheet  Metal 
Distributing  Trade  shall  be  composed  of  fifteen  (15)  members. 

Section  2.  The  members  of  such  Divisional  Code  Authority  shall 
be  elected  as  follows : 

(a)  The  Executive  Committee  of  the  National  Association  of 
Sheet  Metal  Distributors  shall  nominate  as  candidates,  twenty  (20) 
persons  from  amonu'  the  members  of  the  Trade  who  are  members  of 
the  Association.  The  Administrator  shall  nominate  ten  (10)  can- 
didates from  members  of  the  Trade  who  are  not  members  of  the 
Association. 

(b)  The  Plxecutive  Committee  of  the  Association  shall  send  out  to 
all  members  of  the  Association,  a  ballot  upon  which  are  listed  the 
names  of  the  twent}^  (20)  candidates  nominated  by  the  Assixiiation. 
At  least  ten  (10)  additional  blank  spaces  shall  appear  on  the  ballot 
in  which  a  voter  may  write  his  personal  choices.  To  each  ballot 
shall  be  attached  a  letter  of  assent  to  and  compliance  with  this  Sup- 
plemental Code  and  the  General  Code.  At  the  same  time,  the  Execu- 
tive Committee  of  the  Association  shall  send  out  to  all  members  of 
the  Trade,  not  members  of  the  Association,  w'ho  names  are  discover- 
able after  diliaent  search,  the  ballot  containing'  the  ten  (10)  candi- 
dates nominated  by  the  Administration.  At  least  five  (5)  addi- 
tional blank  spaces  shall  appear  on  the  ballot  in  which  a  voter  may 
write  his  personal  choices.  To  each  ballot  sliall  be  attached  a  letter 
of  assent  to  and  compliance  w^ith  this  Supplemental  Code  and  the 
General  Code. 

(c)  Twenty  (20)  days  after  the  mailing  of  these  ballots,  the  Exec- 
utive Committee  of  the  National  Association  of  Sheet  Metal  Dis- 
tributors shall  publicly  count  the  votes  which  it  has  received,  only 
those  ballots  being  counted  which  are  accompanied  b}^  a  signed  letter 
of  assent  and  compliance.  The  ten  (10)  members  of  the  Trade,  who 
are  members  of  the  Association  receiving  the  highest  number  of  votes 
and  the  five  (5)  members  of  the  Trade  not  members  of  the  Associa- 
tion, receiving  the  highest  number  of  votes,  shall  be  declared  elected 
members  of  the  Divisional  Code  Authorit3^ 

(d)  The  Executive  Conunittee  of  the  National  Association  of 
Sheet  Metal  Distributors  shall  certify  to  the  Administrator  the 
method  of  conducting  the  election  and  the  results  thereof. 

Section  3.  Vacancies  in  the  membership  of  the  Divisional  Code 
Authority  whether  to  fill  unexpired  terms  or  full  nev>^  terms  shall  be 
filled  bj'  the  same  method  of  election  as  that  provided  in  Section  2 
of  this  Article  III. 

Section  4.  The  Divisional  Code  Authority  shall  cause  to  be  se- 
lected a  Regional  Committee  of  not  more  than  three  (3)  members 
for  each  of  such  regional  areas  as  it  may  establish  to  act  as  its  agent 
in  handling  such  matters  as  may  be  referred  to  such  Committee 
provided  that  nothing  herein  shall  relieve  the  Divisional  Code  Au- 
thority of  any  of  its  responsibilities  under  tliis  Supplemental  Code 
or  uncler  the  General  Code  and  provided  further  that  such  regional 
committee  sliall  at  all  times  be  subject  to  and  comply  with  the 
provisions  hereof. 


387 

Section  5.  The  Divisional  Code  Authority  shall  have  the  follow- 
ing duties  and  powers,  in  addition  to  those  prescribed  in  the  General 
Code,  subject  to  such  rules  and  regulations  as  may  be  issued  from 
time  to  time  by  the  Administrator : 

(a)  To  adopt  by-laws,  and  rules  and  regulations  for  its  procedure. 

(b)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein  provided  that  nothing  herein  shall  relieve  the  Divisional  Code 
Authority  of  its  duties  or  responsibilities  under  this  Code,  and  that 
such  trade  associations  and  agencies  shall  at  all  times  be  subject  to 
and  comply  with  the  provisions  hereof. 

(c)  To  organize,  elect  officers,  hire  employees,  appoint  agents,  and 
perform  such  other  acts  as  may  be  necessary  for  the  proper  admin- 
istration of  this  Supplemental  Code  and  the  General  Code. 

(d)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  the  Code.  In  addi- 
tion to  information  required  to  be  submitted  to  the  General  Code 
Authority  and  to  the  Divisional  Code  Authority  members  of  the 
Trade  subject  to  this  Code  shall  furnish  such  statistical  information 
as  the  Administrator  may  deem  necessary  for  the  purposes  recited 
in  Section  3  (a)  of  the  Act,  to  such  federal  and  state  agencies  as  he 
may  designate;  provided  that  nothing  in  this  Code  shall  relieve  any 
member  of  the  Trade  of  any  existing  obligations  to  furnish  reports 
to  any  government  agency.  No  individual  report  shall  be  disclosed 
to  any  other  member  of  the  Trade  or  any  other  party  except  to  such 
other  governmental  agencies  as  may  be  directed  by  the  Adminis- 
trator. 

(e)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other  codes 
as  may  be  related  to  the  Trade  (except  those  appointed  by  another 
Divisional  Code  Authority  under  the  General  Code)  for  the  pur- 
pose of  formulating  Fair  Trade  Practices  to  govern  the  relationships 
between  production  and  distribution  employers  under  this  Supple- 
mental Code  and  under  such  others,  to  the  end  that  such  Fair  Trade 
Practices  may  be  proposed  to  the  Administrator  as  an  amendment 
to  this  Supplemental  Code  and  such  other  Codes. 

Section  6.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose,  nor  shall  any  member  or  members  of  the  Divisional 
Code  Authority  or  any  Regional  Committee  be  liable  in  any  manner 
to  anyone  for  any  action  or  omission  to  act,  under  this  Supplemental 
Code,  except  for  his  own  willful  malfeasance  or  nonfeasance. 

Section  7.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  agency  thereof,  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
Ta'dj  require  that  ,such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  Code  Authority  or  agency,  pending 
final  action,  which  shall  be  effective  in  case  the  Administrator  ap- 
proves or  unless  he  shall  fail  to  disapprove  after  thirty  days'  notice 
to  him  of  intention  to  proceed  with  such  action  in  its  original  or 
modified  form. 


388 

Section  8.  (a)  It  being  found  neces3ary  in  order  to  support  the 
adniinijstration  of  this  Supplemental  Code  and  to  maintain  the 
standards  of  fair  competition  established  hereunder  and  to  effectuate 
the  policy  of  the  Act,  the  Divisional  Code  Authority  is  authorized: 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligation^ 
out  of  funds  which  may  be  raised  as  hereinafter  provided  and 
which  shall  be  held  in  trust  for  tlie  purposes  of  the  Code; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject 
to  such  notice  and  opportunity  to  be  heard  as  he  may  deem 
necessary  (1)  an  itemized  budget  of  it^  estimated  expenses  for 
the  foregoing  purposes,  and  (2)  an  equitable  basis  upon  which 
the  funds  necessary  to  support  such  budget  shall  be  contributed 
by  members  of  the  Trade ; 

(3)  After  such  budget  and  basis  of  contribution  have  been 
ajjproved  by  the  Administrator,  to  determine  and  obtain  equita- 
ble contribution  as  above  set  forth  by  all  members  of  the  Trade, 
and  to  that  end,  if  necessar}'^,  to  institute  legal  proceedings 
therefor  in  its  own  name. 

(b)  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Trade  complying  Avith  the  Code  and  contribut- 
ing to  the  expenses  of  its  administration  as  hereinabove  provided, 
unless  duly  exempted  from  making  such  contribution,  shall  be  en- 
titled to  participate  in  the  selection  of  members  of  the  Divisional 
Code  Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  ac- 
tivities or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Kecovery  Administration. 

(c)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Article  IV — Trade  Practices 

SUPPLEMENTING  ARTICLE  A^I  OF  THE  GENERAL  CODE 

It  shall  be  an  unfair  trade  practice  for  any  member  of  the  Trade : 
Section  1.  (a)  To  sell  or  offer  for  sale  any  goods  at  less  than  the 
cost  to  the  seller.  Such  cost  shall  be  defined  to  mean  the  actual  net 
invoiced  purchase  price  or  market  price  whichever  is  lower  plus 
transportation  charges  to  seller's  warehouse  plus  actual  wages  in- 
volved in  the  delivery  of  goods  by  the  seller  when  determined  in 
accordance  with  an  accounting  formula  developed  by  an  impartial 
agency  chosen  with  the  advice  of  the  Administrator  and  published 
from  time  to  time  by  the  Divisional  Code  Authority  after  approval 
by  the  Administrator. 

(b)  Notwithstanding  the  provisions  of  this  Section,  any  wholesaler 
may  sell  any  article  of  merchandise  at  a  price  as  low  as  the  price  set 


389 

by  any  competitor  on  merchandise  which  is  identical  or  essentially 
the  same,  and  ^Yhere  such  competitor's  price  does  not  violate  this 
Section  or  where  such  competitor  is  not  subject  to  the  provisions  of 
this  Supplemental  Code. 

(c)  Ncjtwithstanding  the  foregoing  provisions  of  this  Section  a 
wholesaler  may  sell  the  following  merchandise  at  less  than  the  prices 
established  under  the  said  provisions:  obsolete  goods,  bona  fide 
closeout  merchandise,  damaged  merchandise,  stocks  being  liquidated, 
merchandise  sold  for  charitable  purposes  or  to  unemployment  relief 
agencies,  and  such  other  merchandise  as  the  Divisional  Code 
Authority  may  designate.^ 

Section  2.  To  buy,  carry  in  stock,  or  sell  what  is  commonly  known 
as  sheet  steel  "  seconds  '',  unless  plainly  stamped  "  seconds  "  on  each 
sheet  and  unless  invoiced  as  ""  seconds  ". 

Section  3.  To  allow  for  shipment  direct  from  the  mill,  terms 
of  credit  or  cash  discounts  other  than  those  which  are  received  by  the 
distributor. 

Article  V — Permissive  Trade  Practices 

SUPPLEMENTING  ARTICLE  VIII   OF  THE   GENERAL  CODE 

Section  1.  Within  ten  (10)  days  after  request  to  do  so  by  the 
Divisional  Code  Authority  each  member  of  the  Trade  shall  file  with 
a  confidential  and  disinterested  agent  of  the  Divisional  Code  Au- 
thority, or  if  none  then  with  such  an  agent  designated  by  the  Admin- 
istrator, a  i^rice  schedule  for  each  of  such  regions  as  may  be  desig- 
nated, such  identified  list  to  include  all  of  his  prices,  discounts, 
rebates,  allowances  and  all  other  terms  or  conditions  of  sale  herein- 
after in  this  Article  referred  to  as  "  price  terms  ",  which  lists  shall 
completely  and  accurately  conform  to  and  represent  the  individual 
prices  and  practices  of  such  member.  Such  lists  shall  contain  the 
price  terms  for  all  such  standard  products  of  the  Trade  as  are  sold 
or  offered  for  sale  by  said  member  and  for  such  nonstandard  products 
of  said  member  as  shall  be  designated  by  the  Divisional  Code 
Authority. 

Price  terms  and  revised  price  terms  shall  become  effective  im- 
mediately upon  receipt  thereof  by  said  agent.  Immediatel}^  upon 
receipt  thereof,  said  agent  shall  by  telegraph  or  other  equally  prompt 
means  notify  said  member  of  the  time  of  such  receipt.  Such  lists 
and  revisions,  together  with  the  effective  time  thereof,  shall  upon 
receipt  be  immediately  and  simultaneously  distributed  to  all  members 
of  the  Trade  and  to  all  of  their  customers  who  have  applied  therefor 
and  have  offered  to  defray  the  cost  actually  incurred  by  the  Divi- 
sional Code  Authority  in  the  preparation  and  distribution  thereof 
and  be  available  for  inspection  by  any  of  their  customers  at  the 
office  of  such  agent.  Said  lists  or  revisions  or  any  part  thereof  shall 
not  be  made  available  to  any  person  until  released  to  all  members 
of  the  Trade  and  their  customers,  as  aforesaid;  provided  that  prices 
filed  in  the  first  instance  shall  not  be  released  until  the  expiration  of 
the  aforesaid  ten  (10)  day  period  after  the  request  of  the  Divisional 
Code  Authority.     The  Divisional  Code  Authority  shall  maintain  a 

^  Amended — See  paragraph  2  of  order  approving  this  Code. 


390 

permanent  file  of  all  price  terms  filed  as  herein  provided,  and  shall 
not  destro}"  any  part  of  such  records  except  upon  written  consent 
of  the  Administrator.  Upon  request  the  Divisional  Code  Authority 
shall  furnish  to  the  Administrator  or  anv  duly  designated  agent  of 
the  Administrator  copies  of  any  such  lists  or  revisions  of  price  terms. 

Section  2.  When  any  member  of  the  Trade  has  filed  any  revision, 
such  member  shall  not  file  a  higher  price  within  forty-eight  (48) 
hours. 

Section  3.  No  member  of  the  Trade  shall  sell  or  offer  to  sell  any 
product  of  the  Trade,  for  which  price  terms  have  been  filed  pursuant 
to  the  provisions  of  this  Article,  except  in  accordance  with  such  price 
terms. 

Section  4.  No  member  of  the  Trade  shall  enter  into  any  agree- 
ment, understanding,  combination  or  conspiracy  to  fix  or  maintain 
price  terms,  nor  cause  or  attempt  to  cause  any  member  of  the  Trade 
to  change  his  price  terms  b}"  the  use  of  intimidation,  coercion,  or  any 
other  influence  inconsistent  with  the  maintenance  of  the  free  and 
open  market  which  it  is  the  purpose  of  this  Article  to  create. 

Section  5,  Subject  to  the  approval  of  the  Administrator  the 
Divisional  Code  Authoritj^  may  establish  for  shipment  out  of  ware- 
house, a  maximum  period  of  free  credit,  discount  for  early  payment, 
and  rate  of  interest  for  invoices  not  paid  in  full  within  such  period, 
in  accordance  with  the  requirements  of  the  different  areas. 

Article  VI — Power  of  President  to  Modify 

This  Supplemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President  in  accordance  with 
the  provisions  of  the  Sub-section  (b)  of  Section  10  of  the  Act,  from 
time  to  time  to  cancel  or  modify  any  order,  approval,  license,  rules 
or  regulations  issued  under  Title  I  of  said  Act. 

Article  VII — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  day 
after  its  approval. 

Approved  Code  No.  201 — Supplement  No.  IG. 
Registry  No.  1135-03. 


Approved  Code  No.  88 — Supplement  No.  2 
SUPPLEMENTARY   CODE   OF   FAIR   COMPETITION 

FOR   THE 

FILING  SUPPLY  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Supplementary  Code  of  Fair  Competition  for  the  Filing  Supply 
Industry,  a  Division  of  the  Business  Furniture,  Storage  Equip- 
ment AND  Filing  Supply  Industry 

An  api^lication  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Filing  Supply  Industry  to 
the  Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Industry,  and  hearings  having  been 
duly  held  thereon  and  the  annexed  report  on  said  Supplemental  Code, 
containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  Code  complies  in 
all  respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that 
said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved;  provided,  however,  that  the  Provisions  of  Article  VII, 
Section  1,  insofar  as  they  prescribe  a  waiting  period  between  the  fil- 
ing with  the  designated  agency  and  the  effective  date  of  revised  price 
lists  or  revised  terms  and  conditions  of  sale  be  and  they  are  hereby 
stayed  pending  my  further  order  either  within  a  period  of  60  days 
from  the  effective  date  of  this  Supplemental  Code  or  after  the  com- 
pletion of  a  study  of  open  i^rice  associations  now  being  conducted 
by  the  National  Recovery  Administration. 

Hugh  S.  Johnson, 
AdmmistratoT  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 

Division  Administrator . 

Washington,  D.C, 

July  30,  193 Jf. 

80835—34 20  (391) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  The  proposed  Supplemental  Code  of  Fair  Competition  for 
the  Filing  Supply  Industry  was  submitted  to  the  Administrator  on 
December  4.  1983  by  a  group  of  manufacturers  engaged  in  the  pro- 
duction of  Filing  Supplies,  representing  approximately  85%  of  the 
total  known  volume  of  the  ^Members  of  the  Industry  engaged  in  the 
manufacture  and  national  distribution  of  the  products  covered  by 
said  Code. 

A  hearing  was  conducted  in  Washington  on  December  20,  1933. 
The  Code  was  revised  during  the  recess  and  is  submitted  in  its 
present  form  for  approval.  Every  person  who  requested  an  appear- 
ance was  properly  heard  in  accordance  with  statutorj^  and  regu- 
latory requirements. 

The  Code  of  Fair  Competition  for  the  Filing  Supply  Industry 
is  a  supplement  to  the  Code  of  Fair  Competition  for  the  Business 
Furniture,  Storage  Equipment  and  Filing  Supply  Industry,  ap- 
proved on  November  4,  1933,  and  its  effect  on  labor  and  wages  was, 
therefore,  included  in  my  report  to  you  submitted  with  the  proposed 
Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Industry  under  date  of  November  2, 
1933. 

RESUME  OF  CODE 

Article  I,  Purposes,  states  the  purpose  of  the  Code. 

Article  II,  Definitions,  accurately  defines  specific  terms  applicable 
to  the  Filing  Supply  Industry  as  used  in  this  Code. 

Article  III,  Labor  Provisions,  adopts  the  Labor  Provisions  as 
set  forth  in  Articles  V,  VI,  VII  and  Exhibit  A  of  the  Code  of  Fair 
Competition  of  the  Business  Furniture,  Storage  Equipment  and 
Filing  Supply  Industry,  as  approved  on  November  4,  1933,  making 
specific  reference  to  the  inclusion  of  Section  7  (a)  of  Title  I  of 
the  National  Industrial  Recovery  Act,  and  further  provides  for  a 
minimum  wage  rate  of  400  per  hour  for  male  factory  employees  and 
35<^  per  hour  for  female  factory  employees. 

Article  IV,  Organization,  Powers  and  Duties  of  Code  Committee, 
establishes  a  Code  Authority  of  seven  members  to  be  selected  by  a 
fair  method  of  election.  It  further  provides  that  not  more  than 
three  additional  members,  without  vote,  may  be  appointed  by  the 
Administrator  for  such  terms  as  he  may  specify.  This  Article  also 
sets  forth  the  powers  and  duties  of  said  Code  Authority. 

Article  V,  Planning  and  Classification,  provides  that  Members  of 
the  Industry  shall  make  available  samples  of  all  Industry  Products 
to  a  Planning  and  Classification  Board  and  further  provides  that 
new  stock  items  shall  be  classified  by  said  Board  before  presenta- 

(392) 


393 

tion  to  the  general  public.  This  Article,  however,  in  no  way  restricts 
the  manufacture  of  any  Industry  Product. 

Article  VI,  Discrimination,  prevents  discrimination  between 
customers  of  the  same  class. 

Article  VII,  Marketing  and  Trade  Practice  Rules,  sets  forth  trade 
practices  for  the  Industry  including  an  Open  Price  Association. 

Article  VIII,  Extras  and  Deductions  Not  Covered  in  Price  Sched- 
ules, provides  that  Members  of  the  Industry  shall  include  in  their 
prices  all  costs  of  additions  to  and  deductions  from  variations  of 
Industry  Products  not  covered  in  their  Price  Schedules. 

Article  IX,  Specials,  prevents  a  manufacturer  from  pricing  a 
special  item  in  competition  with  a  stock  item  at  an  unfair  price  for 
the  purpose  of  evading  his  then  currently  effective  Price  Schedule. 

Article  X,  Price  Increases,  provides  that  the  increase  in  selling 
prices  shall  be  limited,  in  so  far  as  possible,  to  actual  increases  in 
seller's  costs. 

Article  XI,  Monopolies,  provides  that  no  provisions  of  the  Code 
shall  eliminate,  oppress  or  discriminate  against  small  enterprises. 

Article  XII,  Modification,  makes, all  the  provisions  of  the  Code 
expressly  subject  to  the  right  of  the  President  to  cancel  or  modify 
any  order,  approval,  license,  rule  or  regulation  issued  under  Sub- 
section (b)  of  Section  10  of  the  Act. 

Article  XIII,  Termination,  provides  that  the  Code  shall  expire  on 
June  16,  1935,  or  on  the  earliest  date  prior  thereto  on  which  the 
President  or  Congress  shall  by  joint  resolution  declare  the  emergency 
recognized  by  Title  I  of  the  Act  to  be  ended. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Supple- 
mental Code  having  found  as  herein  set  forth  and  on  the  basis  of 
all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  Industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  Industry. 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees, and  is  not  classified  by  me  as  a  major  Industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  limita- 
tion subsection  (a)  of  section  3,  subsection  (a)  of  section  7,  and 
subsection  (b)  of  section  10  thereof,  and  that  the  applicant  associa- 
tion is  an  industrial  association  truly  representative  of  the  afore- 


394 

said   Industry,   and   that   said   association   imposes   no   inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Code. 

For  these  reasons,  therefore,  this  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  30,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  FILING  SUPPLY  INDUSTRY,  A  DIVISION  OF  THE 
BUSINESS  FURNITURE,  STORAGE  EQUIPMENT  AND 
FILING  SUPPLY  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  to  supplement  and  to  make  specifically  applicable  the 
provisions  of  the  Code  of  Fair  Competition  approved  November  4, 
1933,  for  the  Business  Furniture,  Storage  Equipment  and  Filing 
Supply  Industry  this  Supplemental  Code  is  hereby  established  as  a 
Code  of  Fair  Competition  for  the  Filing  Supply  Industry  and  shall 
be  the  standards  of  Fair  Competition  for  this  Industry  and  be 
binding  upon  every  member  thereof. 

Article  II — Definitions 

In  addition  to  the  definitions  contained  in  Article  II  of  the  Code 
of  Fair  Competition  for  the  Business  Furniture,  Storage  Equipment 
and  Filing  Supply  Industry  the  terms  enumerated  in  this  article 
shall  have  the  meaning  herein  defined  wherever  used  in  this  Code 
or  in  any  supplement  appertaining  thereto. 

Section  1.  The  term  "  Filing  Supply  Industry  "  or  "  Industry  " 
as  used  herein  means  the  manufacture  and  original  sale  of  industry 
products  by  a  Member  of  the  Industry  either  by  himself  or  by  his 
agent  which  includes  without  limitation  any  person  or  corporation 
occupying  a  subsidiary  or  controlling  relationship  or  one  of  common, 
mutual  or  joint  ownership  or  control  to  a  Member  of  the  Industry. 

(a)  The  term  "  Industry  Product  "  as  used  herein  includes,  with- 
out limitation  the  products  listed  under  Filing  Supply  Division  in 
Article  II  of  the  Code  of  Fair  Competition  for  the  Business  Furni- 
ture, Storage  Equipment  and  Filing  Supply  Industry. 

Section  2.  The  term  "  National  Emergency  Committee  "  as  used 
herein  means  the  National  Emergency  Committee,  the  Code  Author- 
ity for  the  Business  Furniture,  Storage  Equipment  and  Filing 
Suppl}^  Industry,  elected  pursuant  to  paragraph  1  of  Article  III  of 
the  Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Industry  as  approved  on  November 
4,  1933,  by  President  Roosevelt. 

Section  3.  The  term  "  Exhibit  B  "  wherever  mentioned  in  this 
Supplemental  Code  means  Extiibit  B  attached  to  and  made  a  part 
of  the  Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Industry  as  approved  by  President 
Roosevelt  on  November  4,  1933. 

Article  III — Labor  Provisions 

The  provisions  governing  labor,  of  the  Code  of  Fair  Competi- 
tion for  the  Business  Furniture,   Storage  Equipment  and   Filing 

(395) 


396 

Supply  Industry,  as  set  forth  in  Articles  V,  VI,  and  VII,  and 
Exhibit  "A"  of  said  Code,  as  approved  by  the  President  on  Novem- 
ber 4,  1933,  are  made  conditions  of  this  Code,  including  Sections 
(a),  (b),  and  (c)  of  said  Article  V,  bv  which  the  provisions  of 
Subsections  (1),  (2),  and  (3)  of  Section  7  (a)  of  Title  I  of  the 
Act  are  made  conditions  of  the  Code,  are  specifically  incorporated 
herein  and  made  a  part  hereof  as  the  Wage,  Hour  and  Labor  pro- 
visions of  this  Code;  provided,  however,  that  the  minimum  rate  of 
pay  for  factory  labor  under  this  Code,  shall  not  be  less  than  at  the 
rate  of  forty  cents  (40^)  per  hour  for  male  employees  and  thirty- 
five  cents  (350)  per  hour  for  female  employees. 

Article  IV — Orgaxization,  Powers  and  Duties  of  Code  Committee 

Section  1.  The  Code  Committee  to  administer  this  Code  is  hereby 
constituted  which  shall  consist  of  seven  (7)  voting  meml)ers  to  be 
selected  from  Members  of  the  Industry.  The  election  of  all  mem- 
bers of  the  Code  Committee  shall  be  by  a  fair  and  equitable  method 
of  election  to  be  approved  by  the  Administrator. 

Section  2.  In  addition  to  the  above  membership  there  may  be  not 
more  than  three  additional  members,  without  vote  and  without  com- 
jDensation  from  the  Industry  to  be  appointed  by  the  Administrator 
to  serve  for  such  term  from  date  of  appointment  as  he  may  specify. 

Section  3.  Each  trade  or  industrial  association  directly  or  indi- 
rectly participating  in  the  selection  or  activities  of  the  Code  Com- 
mittee shall  (1)  impose  no  inequitable  restrictions  on  membership, 
and  (2)  submit  to  the  Administrator  true  copies  of  its  articles  of 
association,  by-laws,  rules  and  regulations,  and  any  Amendments 
when  made  thereto,  together  with  such  other  information  as  to  mem- 
bership, organization,  and  activities  as  the  Administrator  may  deem 
necessary  to  effectuate  the  purposes  of  the  Act. 

Section  4.  In  order  that  the  Code  Committee  shall  at  all  times  be 
truly  representative  of  the  Industry  and  in  other  respects  comply 
with  the  provisions  of  the  Act,  the  Administrator  may  prescribe  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that 
the  Code  Committee  is  not  truly  representative  or  does  not  in  other 
respects  comply  with  the  provisions  of  the  Act,  may  require  an 
appropriate  modification  in  the  method  of  selection  of  the  Code 
Committee. 

Section  5.  Nothing  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Committee  partners  for  any  purpose,  nor  shall 
any  member,  officer,  agent,  or  employee  of  the  Code  Committee  be 
liable  in  any  manner  to  anyone  for  any  act  of  any  other  member, 
officer,  agent,  or  employee  of  the  Code  Committee.  Nor  shall  any 
member  of  the  Code  Committee,  exercising  reasonable  diligence  in 
the  conduct  of  his  duties  hereunder,  be  liable  to  anyone  for  any  action 
or  omission  to  act  under  this  Code,  except  for  his  own  willful 
misfeasance  or  nonfeasance. 

Section  6.  Subject  to  such  rules  and  regulations  as  may  be  issued 
by  the  Administrator,  the  Code  Committee  shall  have  the  following 
further  powers  and  duties,  the  exercise  of  which  shall  be  reported  to 
the  Administrator  through  the  National  Emergency  Committee  and 
shall  be  subject  to  the  Administrator's  right  on  review,  to  disapprove, 
after  such  hearing  as  he  may  prescribe,  any  action  taken  by  the 


397 

Code  Committee.  If  the  Administrator  shall  determine  at  any  time 
that  any  action  of  the  Code  Committee  or  any  agency  thereof  is  un- 
fair or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  further  considera- 
tion by  such  Code  Committee  or  agency  pending  final  action  which 
shall  not  be  effective  unless  the  Administrator  approves  or  unless  he 
shall  fail  to  disapprove  after  thirty  days'  notice  to  him  of  intention 
to  proceed  with  such  action  in  its  original  or  modified  form. 

(a)  To  make  investigations  as  to  the  functioning  and  observance 
of  any  of  the  provisions  of  this  Code  at  its  own  instance  or  upon 
the  complaint  of  any  person  affected  and  shall  report  the  result 
thereof  to  the  National  Emergency  Committee.  To  receive  com- 
plaints of  violations  of  this  Code  or  disputes  arising  thereunder,  make 
investigations  thereof,  jDrovide  hearings  thereon,  adjust  such  com- 
plaints and  bring  to  the  attention  of  the  National  Emergency  Com- 
n?ittee  unadjusted  complaints  of  violations  or  disputes. 

(b)  To  aid  the  National  Emergency  Committee  in  the  execution 
of  the  provisions  of  this  Code  and  provide  for  the  compliance  of  the 
Industry  with  the  provisions  of  the  Act. 

(c)  To  adopt  By-Laws  and  Rules  and  Regulations  for  its  pro- 
cedure and  for  the  administration  and  enforcement  of  the  Code.  The 
Code  Committee  shall  promptly  furnish  to  the  Administrator  through, 
the  National  Emergency  Committee  true  copies  of  the  By-Laws, 
Rules,  and  Regulations  adopted  pursuant  to  this  paragraph. 

(d)  To  obtain  from  Members  of  the  Industry  through  a  con- 
fidential agency  (for  the  purposes  of  this  paragraph  the  Secretary 
of  the  Committee  may  be  considered  as  said  agency)  such  statistical 
information  and  reports  as  are  required  for  tlie  administration  of 
the  Code  and  to  provide  for  submission  by  Members  of  the  Industry 
of  such  statistical  information  and  reports  as  the  Administrator  may 
deem  necessary  for  the  purposes  recited  in  Section  3  (a)  of  the 
Act,  which  information  and  reports  shall  be  submitted  b}'  Members 
of  Industry  to  such  Federal  and/or  State  agencies  as  the  Adminis- 
trator may  designate;  provided,  that  nothing  in  this  Code  shall 
relieve  any  Member  of  the  Industry  of  any  existing  obligations  to 
furnish  reports  to  any  Government  agency.  No  individual  statis- 
tical reports  shall  be  disclosed  to  any  other  ^Member  of  the  Industry 
or  any  other  part}^  except  to  such  confidential  agent  or  to  such  Gov- 
ernmental agencies  as  may  be  directed  by  the  Administrator. 

(e)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Code  Commit- 
tee of  its  duties  or  responsibilities  under  this  Code  and  that  such 
trade  associations  and  agencies  shall  at  all  times  be  subject  to  and 
comply  with  the  provisions  hereof. 

(f)  To  make  recommendations  to  the  National  Emergency  Com- 
mittee and  the  Administrator  for  the  coordination  of  the  administra- 
tion of  this  Code  with  such  other  codes,  if  any,  as  may  be  related  to 
the  Industry. 

(g)  To  cooperate  with  tlie  Administrator  in  regulating  the  use 
of  anj^  N  R  A  Insignia  by  those  Members  of  the  Industry  who  are 
complying  with  this  Code. 


398 

(h)  To  recommend  to  the  Administrator  through  the  National 
Emergenc}'  Committee  further  fair  trade  practice  provisions  to  gov- 
ern Members  of  the  Industry  in  their  relations  with  each  other  or 
with  other  industries,  and  to  recommend  to  the  Administrator 
through  the  National  Emergency  Committee  measures  for  industrial 
planning,  including  stabilization  of  employment. 

(i)  To  formulate  within  thirty  (30)  days  after  the  approval  of 
the  Code  a  cost  formula  subject  to  the  approval  of  the  Administrator 
which  cost  formuLa  shall  set  forth  the  items  to  be  included  and  the 
items  to  be  excluded  in  arriving  at  cost  as  used  in  this  Code. 

(j)  To  aid  the  National  Emergency  Committee  in  the  establish- 
ment of  a  Planning  and  Classification  Board  piu'suant  to  Article 
VIII  of  the  Code  of  Fair  Competition  for  the  Business  Furniture, 
Storage  Equipment  and  Filing  Supply  Industry. 

Article  V — Planning  and  Classification 

Section  1.  In  order  to  effectuate  the  purpose  of  Article  VIII  of 
the  Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Industry,  Members  of  the  Industry 
shall  submit  a  list  and  make  available  samples  of  all  items  of  indus- 
try products  now  being  offered  for  sale  as  stock  merchandise  within 
thirty  (30)  da3's  after  the  election  of  the  Planning  and  Classification 
Boaixl  to  said  Board  for  proper  classification  and  assignment  of 
such  to  their  respective  industry  base  products  listed  in  Schedule  A 
attached  hereto  and  hereby  made  a  part  of  this  Code. 

Section  2.  No  stock  item  not  included  in  the  list  originally  sub- 
mitted by  him  shall  be  sold  or  offered  for  sale  by  any  member  until 
after  classification  by  the  Planning  and  Classification  Board,  as 
above  provided,  and  approval  of  said  classification  by  the  Code  Com- 
mittee, nor  until  after  all  requirements  for  publication  contained  in 
Article  VI  hereof  have  been  completely  fulfilled.  All  action  under 
this  Article  shall  be  taken  within  thirty  (30)  days  after  submission 
by  the  member.  In  no  event  shall  this  Article  be  construed  as  per- 
mitting the  Planning  and  Classification  Board  to  restrict  the  manu- 
facture of  any  industry  product. 

Article  VI — Discrimination 

Section  1.  No  member  shall  make  any  sale,  contract  of  sale,  or 
offer  of  sale,  directly  or  indirectly  by  any  means  whatever,  of  any 
industry  products  at  a  price  or  on  terms  and  conditions  more  favor- 
able to  one  purchaser  of  the  same  class  than  to  another,  whether 
such  purchasers  shall  be  private  individuals,  corporations,  or  firms, 
or  Federal,  State,  Municipal,  or  other  public  bodies;  provided  that 
this  shall  not  prevent  price  differences  necessarily  resulting  from 
differences  in  the  model,  grade,  quantity,  or  point  of  delivery  of 
the  products  sold. 

Section  2.  No  member  shall  make  any  purchase  of  or  allowance 
for  used  industry  products  in  connection  with  a  sale  of  new  industry 
products  or  as  an  independent  cash  transaction,  directly  or  indi- 
rectly, by  any  means  whatever,  at  a  price  or  on  terms  and  conditions 
more  favorable  to  one  seller  than  to  another. 


399 
Article  VII — Marketing  and  Trade  Practice  Rules 

Section  1.  Price  Schedules.— {a)  Each  Member  of  the  Industry 
within  thirty  (30)  days  after  the  effective  date  of  this  Code  shall 
file  with  the  Code  Committee  as  many  copies  as  the  Code  Committee 
may  require,  of  price  lists  and  schedules  of  additions  to  and  deduc- 
tions from  base  prices  at  which  such  member  is  offering  industry 
products  for  sale  as  stock  merchandise  and  terms  or  conditions  of 
sale  to  each  of  the  classes  of  customers  defined  in  Schedule  A  which 
is  attached  hereto  and  made  a  part  of  this  Code. 

(b)  The  original  schedules  filed  in  accordance  with  the  above 
paragraph  (a)  shall  become  effective  on  the  date  of  filing  thereof 
with  the  Code  Committee. 

(c)  The  Code  Committee  forthwith  on  such  original  filing  shall 
notify  all  interested  Members  of  the  Industry  of  the  contents  thereof. 

(d)  Any  Member  of  the  Industry  desiring  to  change  any  price  or 
prices  and/or  schedules  of  additions  to  and  deductions  from  base 
prices,  and/or  terms  or  conditions  of  sale  shall  notify  the  Code 
Authority  of  such  intention  by  filing  a  revised  schedule,  which  shall 
become  effective  ten  (10)  days  thereafter.  The  revised  schedule  so 
filed  with  the  Code  Committee  shall  be  immediately  distributed 
among  the  interested  Members  of  the  Industry  who  thereupon,  at  any 
time  before  the  effective  date  of  the  revised  schedules  so  filed,  may 
file,  if  they  so  desire,  revisions  of  their  schedules  to  meet  such  revi- 
sions in  the  revised  schedule  first  filed,  and  which  shall  become  effec- 
tive upon  the  date  the  revised  schedule  first  filed  becomes  effective. 
In  the  event  that  any  Member  of  Industry  shall  not  receive  within 
the  ten  (10)  day  period  sufficient  notice  of  the  filing  by  any  other 
Member  of  Industry  of  revisions  in  such  other  Member  of  Industry's 
price  or  prices  and/or  terms  or  conditions  of  sale  as  will  enable  him 
to  meet  such  revisions  of  such  other  member  on  the  effective  date 
thereof,  then  if  such  member  shall  file  with  the  Code  Committee  such 
revisions  of  his  price  or  prices  and/or  terms  or  conditions  of  sale  as 
may  be  required  to  meet  the  revisions  filed  with  such  other  member, 
"Within  48  hours  after  the  receipt  of  notice  thereof,  the  revisions  so 
filed  by  such  member  shall  become  effective  on  the  same  date  as  the 
revisions  of  such  other  member,  or  if  they  be  already  effective  shall 
become  effective  immediately. 

(e)  Published  or  filed  prices  shall  include  terms  or  payment,  f.o.b. 
point,  or  points,  of  origin  or  delivery,  and  such  other  provisions  as 
may  be  necessary  to  fully  inform  the  trade  and  consuming  public  of 
all  conditions  of  sale. 

(f)  Original  schedules  and  all  revisions  thereof  shall  be  made 
available  to  the  public. 

(g)  Subject  to  the  approval  of  the  Code  Committee,  the  Planning 
and  Classification  Board  shall  prescribe  rules  and  regulations  pro- 
viding for  the  sale  of  distress  merchandise,  surplus  inventories,  and 
products  not  up  to  specification ;  and  to  meet  the  competition  of  other 
materials  competitive  with  the  products  of  this  Industry,  which  shall 
become  effective  upon  approval  by  the  Administrator. 

(h)  No  publication  of  prices,  terms  or  conditions  of  sale  applying- 
to  sales  of  industry  products  by  one  manufacturer  to  another  manu- 
facturer of  kindred  products  for  resale  by  them  shall  be  required. 


400 

Xo  such  sale,  however,  shall  be  made  at  less  than  the  manufacturer's 
cost  as  deterniined  pursuant  to  section  6,  subsection  (i)  of  Article  IV.^ 
Section  2.  Trade  Practice  Rules. — The  following  trade  practices' 
in  addition  to  Exhibit  B,  are  declared  to  constitute  methods  of  un- 
fair competition  between  Members  of  the  Industry,  and  no  Member 
of  the  Industry  shall  use  or  engage  in  any  of  them,  directly  or  in- 
directl}',  through  any  officer,  agent  or  employee.  Engaging  in  any 
one  of  such  trade  practices  or  of  any  other  practices  which  hereafter 
may  be  declared  to  be  unfair  methods  of  competition  by  the  Code 
Committee,  approved  by  the  Administrator,  shall,  after  such  hear- 
ing or  hearings  as  he  may  prescribe,  be  deemed  a  violation  of  this 
Code. 

(a)  Selling,  offering  for  sale,  or  participating  in  any  sale  of  any 
industry  product  by  a  Member  of  the  Industry  at  any  price  other 
than  that  set  forth  in  his  then  currently  effective  schedule  or  upon 
any  terms  or  conditions  contrary  to  those  contained  in  such  schedule. 

(b)  Failing  to  file  such  schedules  or  changes  therein,  as  required 
by  Section  1  of  this  Article. 

(c)  Failing  to  submit  the  list  of  stock  items  of  industry  products 
being  offered  for  sale  by  a  Member  of  Industry  pursuant  to  Ar- 
ticle V. 

(d)  Selling  or  offering  for  sale  a  stock  item  not  included  in  the 
original  list  submitted  by  a  Member  of  the  Industry  before  classi- 
fication b}^  the  Planning  and  Classification  Board  pursuant  to  the 
provisions  of  Section  2  of  Article  V. 

(e)  Permitting,  directly  or  indirectly,  the  consummation  of  any 
sale  made  with  the  intent,  or  having  the  effect,  of  violating  the 
provisions  of  the  Act  or  the  Trade  Practices  of  this  Code. 

(f )  Pricing  to  the  Consumer  and/or  selling  industry  products  by 
any  Member  of  the  Industry  at  a  price  below  his  or  its  cost  as  deter- 
mined i^ursuant  to  paragraph  (i),  Section  6  of  Article  IV;  provided, 
however,  that  a  member  may  meet  the  price  of  a  competitor  whose 
price  does  not  violate  the  Code;  and  provided  further  that  a  member 
mav  make  such  sales  as  necessary  to  dispose  of  distress  merchandise 
and/or  products  not  up  to  specification,  pursuant  to  such  rules  and 
regulations  as  issued  by  the  Code  Committee  under  Section  1  (a)  of 
this  Article.  Full  information  concerning  such  sales  shall  be  re- 
ported to  the  Code  Authority  and  to  all  Members  of  the  Industry. 

(g)  Failing  to  report  to  the  Code  Committee  within  ten  (10)  days 
after  the  effective  date  of  this  Code  all  buying  contracts  or  agree- 
ments in  force  and  to  publish  and  make  available  to  all  interested 
parties  consolidated  lists  showing  discounts,  terms  and  expiration 
dates  of  such  contracts  or  agreements. 

(h)  Promulgating,  renewing,  extending  or  automatically  con- 
tinuing after  the  effective  date  of  this  Code  any  buying  contracts  or 
agreements  unless  they  be  firm  binding  obligations  on  all  parties 
thereto,  specifying  that  applicable  discounts  and  terms  of  selling  as 
filed  shall  be  based  upon  definite  quantities  of  Industry  Products 
delivered  within  a  specified  time  not  exceeding  one  year.  Provided, 
however,  that  subsections  (g)  and  (h)  of  this  section  2  shall  not 
apply  to  sales  made  between  Members  of  the  Industry, 

1  See  paragraph  2  of  order  approving  this  Code. 


401 

(i)  Falsely  marking  or  labelling  any  industry  product. 

(j)  Failing  to  comply  with  any  rule  or  regulation  of  the  Code 
Committee  promulgated  under  the  powers  and  duties  delegated  to 
it  by  this  Code. 

Article  VIII — Extras  and  Deductions  Not  Covered  in  Price 

Schedules 

Each  Member  of  the  Industry  on  the  basis  of  cost  as  determined 
pursuant  to  paragraph  (i),  Section  6  of  Article  IV,  shall  include 
in  his  price  the  minimum  additions  to  and  the  maximum  deductions 
from  the  base  prices  of  the  various  lines  of  industry  products,  which 
maximum  deductions  and  minimum  additions  a  Member  of  the  In- 
dustry shall  use  to  determine  the  prices  of  variations  from  his  base 
products,  and  make  information  regarding  each  such  sale  available 
to  the  Code  Committee. 

Article  IX — Specials 

No  item  of  industry  products  which  is  not  covered  by  the  pub- 
lished list  prices  of  the  manufacturer  thereof  shall  be  sold  or  offered 
for  sale  in  competition  with  a  stock  item  at  net  prices,  discounts, 
or  terms  more  favorable  to  the  purchaser  than  the  most  favorable 
published  discounts,  terms,  or  net  prices  applying  to  the  nearest 
comparable  listed  stock  item. 

Article  X — Price  Increases 

Whereas  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  more  difficult  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price 
increases  except  such  as  may  be  required  to  meet  individual  cost 
should  be  delayed,  but  when  made  such  increases  should,  so  far  as 
possible,  be  limited  to  actual  additional  increase  in  the  seller's  costs. 

Article  XI — Monopolies 

No  provision  of  this  Code  shall  be  so  applied  as  to  promote 
monopolies  or  monopolistic  practices,  or  to  eliminate,  oppress  or 
discriminate  against  small  enterprises. 

Article  XI I — Modification 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel  or  modify  any  order,  approval,  license,  rule,  or  regu- 
lation issued  under  said  Act;  and  specifically  but  without  limitation, 
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. 

Section  2.  Such  of  the  provisions  of  this  Code  as  are  not  required 
to  be  included  herein  by  the  Act  may  with  the  approval  of  the  Ad- 


402 

ministrator,  be  amended  as  provided  in  Section  3  hereof  in  such 
manner  as  may  be  indicated  by  the  needs  of  the  public,  by  changes 
in  circumstances,  or  by  experience ;  all  of  the  provisions  of  this  Code, 
unless  so  modified  or  eliminated,  shall  remain  in  effect  until  June  16, 
1935. 

Section  3.  An  Amendment  may  be  proposed  by  any  interested 
party,  either  to  the  National  Emergency  Committee  or  directly  by 
or  to  the  Administrator.  All  proposed  Amendments  shall  be  re- 
ferred to  the  Code  Authority,  who  shall  give  Members  of  the  Indus- 
tr}^  an  opportunity  to  be  heard  thereon;  and  thereafter  the  Code 
Authority  shall  make  such  recommendations  thereon  as  is  deemed 
proper,  provided,  however,  that  when  approved  by  the  Adminis- 
trator, as  necessary  to  effectuate  the  policies  of  the  Act,  after  such 
notice  and  hearing  as  he  may  prescribe,  any  proposed  Amendment 
shall  thereupon  become  effective  as  a  part  of  the  Code. 

Section  4.  The  National  Emergency  Committee  may  make  recom- 
mendations for  modifications  of  this  Code  to  the  Administrator 
which  shall  become  effective  as  a  part  of  this  Code  upon  approval 
by  the  Administrator  after  such  notice  and  hearing  as  he  may 
prescribe. 

Abticle  XIII — Termination 

This  Code  and  all  Supplementary  Provisions  thereto  shall  expire 
on  June  16,  1935.  or  on  the  earliest  date  prior  thereto  on  which  the 
President  shall,  by  proclamation,  or  the  Congress  shall,  by  Joint 
Resolution,  declare  that  the  emergency  recognized  by  Title  I  of  the 
Act  has  ended. 

Approved  Code  No.  88 — Supplement  No.  2. 
Registry  No.  1137-03. 


SCHEDULE   A 

Filing  Supply  Division — Divisional  Supplemental  Code 

industry  ease  peoducts 

The   industry    base   products   are   hereby    listed    graded,    and    classified    as 
follows : 
Product  1.  Index  cards  and  record  card  forms : 
Cards,  3x5  inches — 

100%  rag. 

75%  rag. 

50%  rag. 

25%  rag. 

#1  sulphite. 

#2  sulphite. 
Product  2.  Vertical  letter  and  card  index  guides  and  indexes: 
Vertical  file  guides.  Letter  size,  %-cut  blank — 

25  point  Pressboard. 

17  point  Manila. 
Card  guides,  3x5  inches — 

Bristol,  blank. 

25  point  Pressboard. 
Product  3.  Filing   folders,    not   handfolded    and    expanding   and   with    open 
ends  : 

Letter  size — 

1st  grade  Manila  8  point  square  cut. 

2d  grade  Manila  8  point  square  cut. 

Kraft  8  point  square  cut. 

Jute  or  Duracel  8  point  square  cut. 

Pressboard  25  point  square  cut. 
MlsceUaneous — 

100  division,  not  celluloided. 
Product  4.  Celluloid  index  tab  strips. 

Note. — Revision  of  this  list  may  be  made  from  time  to  time  by  the  Code 
Committee,  or  by  the  Administrator  in  his  discretion. 

DEFINITION    OF    CUST0MB31S 

Retailer  (Agent  or  Dealer) — One  who  buys  direct  from  manufacturer  or 
his  jobber  for  resale  solely  to  consumer  and  who  carries  his  own  stock. 

Jobber — One  who  maintains  an  adequate  wholesale  stock  and  who  buys 
from  the  manufacturer  for  resale  solely  to  retailer. 

Jobber  Dealer — One  who  buys  from  the  manufacturer  for  resale  to  both 
the  retailer  and  consumer,  but  who  transacts  a  sufficient  volume  of  legitimate 
jobber  business  to  properly  retain  this  classification. 

Consumer — One  who  buys  direct  from  manufacturer's  agent,  dealer,  or  his 
representative  for  his  own  consumption  on  a  one-order-one-delivery  basis. 

DISCOUNTS 

The  discounts  as  provided  in  Article  VII  allowed  to  each  of  the  above  de- 
fined classes  of  customers,  shall  be  applied  to  all  list  prices  published  under 
the  provisions  of  said  Article,  and  shall  truly  represent  variance  in  cost  of 
distribution  to  the  ultimate  consumer. 


Terms  of  sale  for  all  industry  products  shall  be  as  follows : 

Wholesale  Sales. — All  classes  of  purchasers — 2  percent  10th  prox.,  net  30th 

prox. 

Retail  Sales. — Extension  of  terms  to  be  not  more  than  30  days.    No  discount 

for  early  payment. 

(403) 


Approved  Code  No.  88 — Supplement  No.  1 
SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 

FOR  THE 

FIRE  RESISTIVE  SAFE  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Supplementary  Code  of  Fair  Competition  for  the  Fire  Resistive 

Safe  Industry 

A  DI^^SION  OF  the  business  furniture,  storage  equipment  and 

FILING  SUPPLY  INDUSTRY 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Fire  Resistive  Safe  In- 
dustry to  the  Code  of  Fair  Competition  for  the  Business  Furniture, 
Storage  Equipment,  and  Filing  Supply  Industr}',  and  hearings  hav- 
ing been  duly  held  thereon  and  the  annexed  report  on  said  Supple- 
mental Code,  containing  findings  with  respect  thereto,  having  been 
made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A  dated  December  30, 
1933,  and  otherwise;  do  hereb}^  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  Code  complies  in 
all  respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that 
said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved;  provided,  however,  that  the  Provisions  of  Article  VII, 
Section  1,  insofar  as  they  prescribe  a  waiting  period  between  the 
filing  with  the  designated  agency  and  the  effective  date  of  revised 
price  lists  or  revised  terms  and  conditions  of  sale  be  and  they  are 
hereby  stayed  pending  my  further  order  either  within  a  period  of 
60  days  from  the  effective  date  of  this  Supplemental  Code  or  after 
the  completion  of  a  stud}'  of  open  price  associations  now  being 
conducted  by  the  National  Recovery  Administration. 

Hugh  S.  Johnson, 
Adniimsti'ator  for  Industrial  Recovery. 

Approval  recommended : 
C.  A.  Adams, 

D  Iv  Is  ion  A  dm  in  is  t  rat  or. 

Washington,  D.C, 

Juhj  30,  193k. 

(405) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sie:  The  proposed  Supplemental  Code  of  Fair  Competition  for 
the  Fire  Resistive  Safe  Industry  was  submitted  to  the  Adminis- 
trator on  November  28,  1933,  by  the  Safe  iManufacturers  National 
Association,  representing  85%  of  the  known  Members  of  the  Industry. 

A  hearing  was  conducted  in  Washington  on  December  20,  1933. 
The  Code  was  revised  during  the  recess  and  is  submitted  in  its  press- 
ent  form  for  approval.  Every  person  who  requested  an  appearance 
was  properly  heard  in  accordance  with  statutor}^  and  regulatory 
requirements. 

The  Code  of  Fair  Competition  for  the  Fire  Resistive  Safe  Industry 
is  a  supplement  to  the  Code  of  Fair  Competition  for  the  Business 
Furniture,  Storage  Equipment,  and  Filing  Supply  Industry,  ap- 
proved on  November  4,  1933,  and  its  effect  on  labor  and  wages  was, 
therefore,  included  in  my  report  to  3'ou  submitted  with  the  proposed 
Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment,  and  Filing  Supply  Industry  under  date  of  November  2, 
1933.  ^    _  ' 

The  following  pertinent  statistics,  however,  representing  a  consoli- 
dation of  reports  from  25  Members  of  the  Industry,  have  been  sub- 
mitted to  the  Administration.  Sales  declined  from  $7,000,000  in  the 
year  1929  to  $600,000  in  the  year  1933,  a  drop  of  roughly  91%.  The 
number  of  employees  coincidently  declined  from  an  average  of  2,000 
in  the  year  1929  to  750  in  June  1933,  a  drop  of  roughly  63%.  Since 
the  latter  date  marked  improvement  in  sales  has  been  experienced, 
totally  absorbing  the  lag  and  has  resulted  in  the  return  of  many 
employees  to  the  factories.  Improvement  will  further  be  aided  by 
the  Fair  Trade  Practices  contained  in  the  Code,  which  prevent  the 
past  abuses  prevalent  in  the  Industry. 

RESUME  or  CODE 

Article  I,  Purposes,  states  the  purpose  of  the  Code. 

Article  II,  Definitions,  accurately  defines  specific  terms  applicable 
to  the  Fire  Resistive  Safe  Industry  as  used  in  this  Code. 

Article  III,  Labor  Provisions,  adopts  the  Labor  Provisions  as  set 
forth  in  Articles  V,  VI,  VII,  and  Exhibit  A  of  the  Code  of  Fair 
Competition  of  the  Business  Furniture,  Storage  Equipment,  and 
Filing  Supply  Industry,  as  approved  on  November  4,  1933,  making 
specific  reference  to  the  inclusion  of  Section  7  (a)  of  Title  I  of  the 
National  Industrial  Recovery  Act,  and  further  provides  for  a  mini- 
mum wage  rate  of  400  for  male  and  female  factory  employees. 

Article  IV,  Organization,  Powers,  and  Duties  of  Code  Conunittee, 
establishes  a  Code  Authority  of  five  members  to  be  selected  by  a  fair 

(406) 


407 

method  of  election.  It  further  provides  that  not  more  than  three 
additional  members,  without  vote,  may  be  appointed  by  the  Admin- 
istrator for  such  terms  as  he  may  specify.  This  Article  also  sets 
forth  the  i)owers  and  duties  of  said  Code  Authority. 

Article  Y,  Planning  and  Classification,  provides  that  Members  of 
the  Industry  shall  make  available  samples  of  all  Industry  Products 
to  a  Planning  and  Classification  Board  and  further  provides  that 
new  stock  items  shall  be  classified  by  said  Board  before  presentation 
to  the  general  public.  This  Article,  however,  in  no  way  restricts 
the  manufacture  of  any  Industry  Product. 

Article  VI,  Discrimination,  prevents  discrimination  between  cus- 
tomers of  the  same  class. 

Article  VII,  Marketing  and  Trade  Practice  Rules,  sets  forth  trade 
practices  for  the  Industry,  including  an  Open  Price  Association. 

Article  VIII.  Extras  and  Deductions  Not  Covered  in  Price  Sched- 
ules, provides  that  Members  of  the  Industry  shall  include  in  their 
])rices  all  costs  of  additions  to  and  deductions  from  variations  of 
Industry  Products  not  covered  in  their  Price  Schedules. 

Article  IX,  Specials,  prevents  a  manufacturer  from  pricing  a 
special  item  in  competition  with  a  stock  item  at  an  unfair  price  for 
the  purpose  of  evading  his  then  currently  effectiA^e  Price  Schedule. 

Article  X,  Monopolies,  provides  that  no  provisions  of  the  Code 
shall  eliminate,  oppress,  or  discriminate  against  small  enterprises. 

Article  XI,  Price  Increases,  provides  that  the  increase  in  selling 
prices  shall  be  limited,  insofar  as  possible,  to  actual  increases  in 
seller's  costs. 

Article  XII,  Termination,  provides  that  the  Code  shall  expire  on 
June  16,  1935,  or  on  the  earliest  date  prior  thereto  on  which  the 
President  or  Congress  shall  by  joint  resolution  declare  the  emergency 
recognized  by  Title  I  of  the  Act  to  be  ended. 

Article  XIII,  Modification,  makes  all  the  provisions  of  the  Code 
expressly  subject  to  the  right  of  the  President  to  cancel  or  modify 
any  order,  approval,  license,  rule,  or  regulation  issued  under  Sub- 
;section  (b)  of  Section  10  of  the  Act. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter: 

I  find  that : 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recov- 
ery Act,  including  removal  of  obstructions  to  the  free  flow  of  inter- 
state and  foreign  commerce  which  tend  to  diminish  the  amount 
thereof  and  will  provide  for  the  general  welfare  by  promoting  the 
organization  of  Industry  for  the  purpose  of  cooperative  action  among 
the  trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  ftdlest  possible  utilization  of  the  present  productive  capacity 
of  industries,  by  avoiding  undue  restriction  of  production  (except 
as  may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  Industry. 

80835—34 21 


408- 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
ployees, and  is  not  classified  by  me  as  a  major  Industry. 

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including,  without  limita- 
tion, subsection  (a)  of  section  3,  subsection  (a)  of  section  7,  and 
subsection  (b)  of  section  10  thereof,  and  that  the  applicant  associa- 
tion is  an  industrial  association  truh^  representative  of  the  aforesaid 
Industry,  and  that  said  association  imposes  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

(d)  The  Code  is  not  designed  to  and  will  not  permit  monopolies 
or  monopolistic  practices. 

(e)  The  Code  is  not  designed  to  and  will  not  eliminate  or  oppress 
small  enterprises  and  will  not  operate  to  discriminate  against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said  Code. 

For  these  reasons,  therefore,  this  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dnrdnistrator. 
July  30,  1934. 


SUPPLEMENTARY   CODE  OF   FAIR   COMPETITION   FOR 

THE  FIRE  RESISTIVE  SAFE  INDUSTRY 
a  division  of  the  business  furniture,  storage  equipment,  and  filing 

supply  industry 

Article  1 — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  to  supplement  and  to  make  specifically  applicable 
the  provisions  of  the  Code  of  Fair  Competition,  approved  November 
4,  1933,  and  amended  June  15,  1934,  for  the  Business  Furniture, 
Storage  Equipment,  and  Filing  Supply  Industry  this  Supplemental 
Code  is  hereby  established  as  a  Code  of  Fair  Competition  for  the 
Fire  Resistive  Safe  Industry  and  shall  be  the  standards  of  Fair 
Competition  for  this  Industry  and  shall  be  binding  upon  every 
member  thereof. 

Article  II — Definitions 

In  addition  to  the  definitions  contained  in  Article  II  of  the  Code 
of  Fair  Competition  for  the  Business  Furniture,  Storage  Equip- 
ment, and  Filing  Supply  Industry,  the  terms  enumerated  in  this 
Article  shall  have  the  meaning  herein  defined  wherever  used  in  this 
Code  or  in  any  supplement  appertaining  thereto. 

Section  1.  The  term  ''  Fire  Resistive  Safe  Industry  "  or  "  Indus- 
try "  as  used  herein  means  the  manufacture  and  original  sale  and/or 
wholesale  distribution  of  industry  products  bj^  a  Member  of  the 
Industry,  either  by  himself  or  by  his  agent.  Avhich  includes  without 
limitation  any  person  or  corporation  occupying  a  subsidiary  or  con- 
trolling relationship  or  one  of  common,  mutual,  or  joint  ownership 
or  control  to  a  Member  of  the  Industry. 

(a)  The  term  "  Industry  Product  "  as  used  herein  includes  with- 
out limitation  the  products  listed  under  Fire  Resistive  Safe  Divi- 
sion in  Article  II  of  the  Code  of  Fair  Competition  for  the  Business 
Furniture,  Storage  Equipment,  and  Filing  Supply  Industry. 

Si:c.  2.  The  term  '*  Wholesale  Distribution  "  as  used  herein  means 
and  includes  the  distribution  by  all  those  engaged  in  the  sale  and 
delivery  of  Industry  products,  both  for  resale  to  the  consumer 
thereof,  who  maintain  at  least  five  (5)  salesrooms  and  two  ware- 
houses. 

Sec.  3.  The  term  "  Stock  Items  "  as  used  herein  means  an  industry 
product  which  is  offered  for  general  use. 

Sec.  4.  The  term  "  Bureau  of  Standards  Certification  "  as  applied 
to  any  industry  product  means  that  said  product  is  certified  to  have 
been  built  in  accordance  with  Federal  Specifications  AA-S-81. 

Sec.  5.  The  term  "  Manufacturers  Certification  "  as  applied  to  any 
product  means  tliat  said  product  has  been  built  by  a   member  of 

(409) 


410 

the  Iiuliistrv  and  classitied  by  the  Phniiiin<>'  and  Chisslfication 
Board  in  accordance  with  the  classifications  specified  in  Section  3  of 
Article  VII. 

Sec.  G.  The  term  "  National  Emergency  Committee  ''  as  used  herein 
)nean>-  the  National  Enierfjency  Committee,  the  Code  Autliority  for 
the  Business  Furniture,  Stora'ie  Equipment,  and  Filing  Supply  In- 
dustry, elected  j)ursuant  to  paragraph  1  of  Article  III  of  the  Code 
of  Fair  Competition  for  the  Business  Furniture,  Storage  Equipment, 
and  Filing  Sui)ply  Industry  as  approved  on  November  4,  1933,  by 
President  Roosevelt. 

Sec.  7.  The  term  "  Exhibit  B  "  wherever  mentioned  in  this  Sup- 
plemental Code  means  P^xhibit  B  attaclied  to  and  made  a  part  of  the 
Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
EquipnuMit.  and  Filing  Supply  Industry  as  approved  by  President 
Koosevelt  on  November  4,  1933. 

Article  III — Laror  Provisions 

The  provisions  governing  labor,  of  the  Code  of  Fair  Competition 
for  the  Business  Furniture.  Storage  Equipment,  and  Filing  Supply 
Industry,  as  set  forth  in  Articles  V,  VI,  and  VII,  and  Exhibit  A  of 
said  Code,  as  approved  by  the  President  on  November  4.  1933,  are 
nuide  conditions  of  this  Code,  including  Sections  (a),  (b),  and  (c) 
of  said  Article  V,  by  which  the  provisions  of  Subsections  (1),  (2), 
and  (3)  of  Section  7  (a)  of  Title  I  of  the  Act  are  made  conditions 
of  the  Code,  are  specificalh'  incorporated  herein  and  nuide  a  part 
hereof  as  the  Wage.  Hour,  and  Labor  provisions  of  this  Code;  pro- 
vided, however,  that  the  minimum  rate  of  pay  for  both  nuile  and 
female  factory  employees,  under  this  Code,  shall  be  at  the  rate  of 
forty  cents  (40^)  per  hour. 

Article  IV — Organization,  Powers,  and  Duties  or  Ccde 

Committee 

Section  1.  The  Code  Committee  to  administer  this  Code  is  hereby 
constituted,  which  shall  consist  of  five  (5)  voting  members  to  be 
selected  from  Members  of  the  Industry.  The  election  of  all  mem- 
bers of  the  Code  Committee  shall  be  by  a  fair  and  equitable  nu^thod 
of  election  to  be  approved  by  the  Administrator. 

Sec.  2.  In  addition  to  the  above  membership,  there  may  be  not 
more  than  thi'ee  additioiuil  members,  without  vote  and  without  com- 
pensation from  the  Industry,  to  be  appointeil  by  the  Athninistrator 
to  serve  for  such  term  from  date  of  appointment  as  he  may  specify. 

Sec.  3.  Each  trade  or  industrial  association  directly  or  indirectly 
]>articii)ating  in  the  selection  or  activities  of  the  Code  Committee 
shall  (1)  impose  no  inequitable  restrictions  on  membershij),  and  (2) 
submit  to  tlie  Administrator  true  copies  of  its  articles  of  association, 
by-laws,  rules,  and  regulations  and  any  Amendments  when  made 
thereto,  together  with  such  other  information  as  to  membership,  or- 
ganization, and  activities  as  the  Adnunistrator  may  deem  necessary 
to  eifectuate  the  purposes  of  the  Act. 

Sec.  4.  In  order  that  the  Code  Committee  shall  at  all  times  be  truly 
representative  of  the  Industry  and  in  other  respects  comply  with 


411 

the  provisions  of  the  Act,  the  Administrator  may  prescribe  such  hear- 
ings as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that  the 
Code  Committee  is  not  truly  representative  or  does  not  in  other  re- 
spects comply  with  the  provisions  of  the  Act,  may  require  an  ap- 
propriate modification  in  the  method  of  selection  of  the  Code 
Committee. 

Sec.  5.  Nothing  contained  in  this  Code  shall  constitute  the  mem- 
bers of  the  Code  Committee  partners  for  any  purpose.  Nor  shall  any 
member,  officer,  agent,  or  employee  of  the  Code  Committee  be  liable 
in  any  manner  to  anyone  for  any  act  of  any  other  member,  officer, 
agent,  or  employee  of  the  Code  Committee.  Nor  shall  any  member  of 
the  Code  Committee,  exercising  reasonable  diligence  in  the  conduct 
of  his  duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission 
to  act  under  this  Code,  except  for  his  own  willful  misfeasance  or 
nonfeasance. 

Sec.  6.  Subject  to  such  rules  and  regulations  as  may  be  issued  by 
the  Administrator,  the  Code  Committee  shall  have  the  following 
further  powers  and  duties,  the  exercise  of  which  shall  be  reported 
to  the  Administrator  through  the  National  Emergency  Committee 
and  shall  be  subject  to  the  Administrator's  right,  on  review,  to  dis- 
approve, after  such  hearing  as  he  may  prescribe,  any  action  taken 
by  the  Code  Committee.  If  the  Administrator  shall  determine  at 
any  time  that  any  action  of  the  Code  Committee  or  any  agency 
thereof  is  unfair  or  unjust  or  contrary  to  the  jiublic  interest,  the 
Administrator  ma}'  require  that  such  action  be  suspended  to  afford 
an  opportunity  for  investigation  of  the  merits  of  such  action  and 
further  consideration  by  such  Code  Committee  or  agency  pending 
final  action  which  shall  not  be  effective  unless  the  Administrator 
approves  or  unless  he  shall  fail  to  disapprove  after  thirty  days' 
notice  to  him  of  intention  to  proceed  with  such  action  in  its  original 
or  modified  form. 

(a)  To  make  investigations  as  to  the  functioning  and  observance 
of  any  of  the  provisions  of  this  Code  at  its  own  instance  or  upon  the 
complaint  of  any  person  affected  and  shall  report  the  resu.lt  thereof 
to  the  National  Emergency  Committee.  To  receive  complaints  of 
violations  of  this  Code  or  disputes  arising  thereunder,  make  investi- 
gations thereof,  provide  hearings  thereon,  adjust  such  complaints, 
and  bring  to  the  attention  of  the  National  Emergency  Committee 
unadjusted  complaints  of  violations  or  disputes. 

(b)  To  aid  the  National  Emergency  Committee  in  the  execution 
of  the  provisions  of  this  Code  and  provide  for  the  compliance  of 
the  Industry  with  the  provisions  of  the  Act. 

(c)  To  ado})t  Bylaws  and  Rules  and  Regulations  for  its  procedure 
and  for  the  administration  and  enforcement  of  the  Code.  The  Code 
Committee  shall  promptly  furnish  to  the  Administrator  through 
the  National  Emergency  Committee  true  copies  of  the  Bylaws, 
Rules,  and  Regulations  adopted  pursuant  to  this  paragraph. 

(d)  To  obtain  from  Members  of  the  Industry  through  a  confiden- 
tial agency  (for  the  purposes  of  this  paragraph  the  Secretary  of  the 
Committee  may  be  considered  as  said  agency)  such  statistical  infor- 
mation and  reports  as  are  required  for  the  administration  of  the 
Code  and  to  provide  for  submission  by  Members  of  the  Industry  of 


412 

such  statistical  information  and  reports  as  the  Administrator  may 
deem  necessary-  for  the  purposes  recited  in  Section  3  (a)  of  the  Act, 
which  information  and  reports  shall  be  submitted  bj^  Members  of 
Industry  to  such  Federal  and/or  State  agencies  as  the  "IVdministrator 
may  designate;  provided,  that  nothing  in  this  Code  shall  relieve  any 
Member  of  the  Industry  of  any  existing  obligations  to  furnish  re- 
ports to  any  Government  agency.  No  individual  statistical  reports 
shall  be  disclosed  to  any  other  Member  of  the  Industry  or  any  other 
party  except  to  such  confidential  agent  or  to  such  Governmental 
agencies  as  may  be  directed  by  the  Administrator. 

(e)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proi>er  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Code  Com- 
mittee of  its  duties  or  respo;;sibilities  under  this  Code  and  that  such 
trade  associations  and  agencies  shall  at  all  times  be  subject  to  and 
comply  with  the  provisions  hereof. 

(f)  To  nuike  reconnnendations  to  the  National  Emergenc}-  Com- 
mittee and  the  Administrator  for  the  coordination  of  the  adminis- 
tration of  this  Code  with  such  other  codes,  if  any,  as  may  be  related 
to  the  Industry. 

(g)  To  cooperate  with  the  Administrator  in  regulating  the  use 
of  any  N.R.A.  insignia  solely  by  those  Members  of  the  Industry 
who  are  comi)lying  Avith  this  Code. 

(li)  To  recommend  to  the  Administrator  through  the  National 
Emergency  Committee  further  fair  trade  practice  provisions  to 
govern  Members  of  the  Industry  in  their  relations  with  each  other 
or  with  other  industries,  and  to  recommend  to  the  Administrator 
through  the  National  Emergency  Committee  measures  for  indus- 
trial planning,  including  stabilization  of  employment. 

(i)  To  formulate  within  thirty  (30)  daj^s  after  the  approval  of 
the  Code  a  cost  formula  subject  to  the  approval  of  the  Administrator 
which  cost  fornuda  shall  set  forth  the  items  to  be  included  and  the 
items  to  be  excluded  in  arriving  at  cost  as  used  in  this  Code. 

(j)  To  aid  the  National  Emergency  Committee  in  the  establish- 
ment of  a  Planning  and  Classification  Board  pursuant  to  Article 
VIII  of  the  Code  of  Fair  Competition  for  the  Business  Furniture, 
Storage  Equijiment,  and  Filing  Supply  Industry. 

Article  V — Planning  and  Classification 

Section  1.  In  order  to  effectuate  the  purpose  of  Article  VIII  of 
the  Code  of  Fair  Competition  for  the  Business  Furniture,  Storage 
Equipment,  and  Polling  Supply  Industry,  Members  of  the  Industry 
shall  submit  a  list  of  all  items  of  industry  products  now  being 
offered  for  sale  as  stock  merchandise  within  thirty  (30)  days  after 
the  election  of  the  Planning  and  Classification  Board  to  said  Board 
for  proper  classification  and  assignment  of  such  to  their  respective 
industry  base  products  listed  in  Schedule  A  attached  hereto  and 
hereby  made  a  part  of  this  Code. 

Sec.  2,  No  stock  item  not  included  in  the  list  origiiudly  submitted 
b}''  him  shall  be  sold  or  offered  for  sale  by  any  member  until  after 
classification  by  the  Planning  and  Classificati(m  Board,  as  above 
provided,  and  approval  of  said  classification  by  the  Code  Committee, 


413 

nor  until  after  all  requirements  for  publication  contained  in  Article 
VII  hereof  have  been  conijDletely  fulfilled.  All  action  under  this 
Article  shall  be  taken  within  thirty  (30)  days  after  submission  by 
the  Member.  In  no  event  shall  this  Article  be  construed  as  per- 
mitting the  Planning  and  Classification  Board  to  restrict  the  Manu- 
facture of  any  industry  product. 

Article  VI — Disci!Imination 

Section  1.  Xo  member  shall  make  any  sale  or  contract  of  sale,  or 
offer  of  sale,  directly  or  indirectly  by  any  means  Avhatever,  of  any 
industry  products  at  a  price  or  on  terms  and  conditions  more  favor- 
able to  one  purchaser  of  the  same  class  than  to  another,  whether  such 
purchasers  shall  be  private  individuals,  corporations,  or  firms,  or 
Federal,  State,  Municipal,  or  other  public  bodies;  provided  that  this 
shall  not  prevent  price  differences  necessarily  resulting  from  differ- 
ences in  the  model,  grade,  quantity,  or  point  of  delivery  of  the 
products  sold. 

Sec.  2.  No  member  sliall  make  any  purchase  of  or  allowance  for 
used  industry  products  in  connection  with  a  sale  of  new  industry 
products  or  as  an  independent  cash  transaction,  directly  or  indirectly, 
by  any  means  whatever,  at  a  price  or  on  terms  and  conditions  more 
favorable  to  one  seller  than  to  another. 

Article  VII — Marketing  and  Trade  Practice  Rules 

Section  1.  Price  Schedules. 

(a)  Each  Member  of  the  Industry  within  thirty  (30)  days  after 
the  effective  date  of  this  Code  shall  file  with  the  Code  Committee  as 
many  copies  as  the  Code  Committee  may  require  of  schedules  con- 
taining price  lists  at  which  such  member  is  offering  industry  products 
for  sale  as  stock  merchandise  and  terms  or  conditions  of  sale  to  the 
classes  of  customers  defined  in  Schedule  A  which  is  attached  hereto 
and  made  a  part  of  this  Code. 

(b)  The  original  schedules  filed  in  accordance  with  the  above  para- 
graph (a)  shall  become  effective  on  the  date  of  filing  thereof  with 
the  Code  Committee. 

(c)  The  Code  Committee  forthwith  on  such  original  filing  shall 
notify  all  known  Members  of  the  Industry  of  the  contents  thereof. 

(d)  Any  Member  of  the  Industry  desiring  to  change  any  price 
or  prices  and/or  terms  or  conditions  of  sale  shall  notify  the  Code 
Committee  of  such  intention  by  filing  a  revised  schedule,  which  shall 
become  effective  ten  (10)  daj's  thereafter.  The  revised  schedule  so 
filed  with  the  Code  Committee  shall  be  immediately  distributed 
among  the  known  Members  of  the  Industry,  who  thereupon,  at  any 
time  before  the  effective  date  of  the  revised  schedules  so  filed,  may 
file,  if  they  so  desire,  revisions  of  their  schedules  to  meet  such  revi- 
sions in  the  revised  schedule  first  filed,  and  which  shall  become  effec- 
tive upon  the  date  the  revised  schedule  first  filed  becomes  effective. 
In  the  event  that  any  Member  of  Industry  shall  not  receive  within 
the  ten  (10)  day  period  sufficient  notice  of  the  filing  by  any  other 
Member  of  Industry,  of  revisions  in  such  other  Member  of  Industry's 
price  or  prices  and/ or  terms  or  conditions  of  sale  as  will  enable  him 


414 

to  meet  such  revisions  of  such  other  member  ou  the  effective  date 
thereof,  then  if  such  member  shall  file  with  the  Code  Couiuiittee  such 
revisions  of  his  price  or  prices  and  or  terms  or  conditions  of  sale  a& 
may  be  required  to  meet  the  revisions  tiled  by  such  other  member 
"within  48  hours  after  the  receipt  of  notice  thereof,  the  revisions  so 
filed  by  such  member  shall  become  effective  on  the  same  date  as  the 
revisions  of  such  other  member;  or  if  they  be  alread}'  effective,  shall 
become  effective  immediately. 

(e)  Filed  prices  sliall  include  terms  of  pa^'ment,  length  of  book- 
ings or  contracts,  and  f.o.b.  point  or  points  of  origin  or  delivery, 
and  such  (jther  provisions  as  nuiy  be  necessary  to  fully  inform  the 
trade  and  consuming  public  of  all  conditions  of  sale. 

(f)  Original  schedules  and  all  revisions  thereof  shall  be  made- 
available  to  the  public. 

(g)  Sul)ject  to  the  approval  of  the  Code  Connnittee,  the  Planning; 
and  Classification  Board  shall  i)rescribe  rules  and  regulations  pro- 
viding for  the  sale  of  destandardized  or  obsolete  products  which 
shall  become  effective  upon  approval  by  the  Administrator,  and  no 
current  line  shall  be  designated  or  sold  as  destandardized  or  obsolete 
unless  iji  fact  such  line  has  been  discontinued. 

(h)  Xo  publication  of  ])rices,  terms,  or  conditions  of  sale  applying; 
to  sales  of  industry  products  by  one  manufacturer  to  a  wholesale 
distributor,  or  to  another  numufacturer  of  kindred  products  for 
resale  b}'^  them,  shall  be  required.  No  such  sale,  however,  shall  be 
made  at  less  than  the  manufacturer's  cost  as  determined  pursuant 
to  section  6,  subsection  (i)  of  Article  IV.^ 

Sec.  2.  Trade  Practice  Rules. 

The  following  trade  practices  in  addition  to  Exhibit  B  are  de- 
clared to  constitute  methods  of  unfair  comi)etition  between  Members 
of  the  Industry,  and  no  Member  of  the  Industry  shall  use  or  engage 
in  any  of  them,  directly  or  indirectly,  through  any  officer,  agent,  or 
emploj^ee.  Engaging  in  any  one  of  such  trade  practices  or  of  any 
other  practices  which  hereafter  may  be  declared  to  be  unfair  methods 
of  competition  by  the  Code  Committee,  approved  by  the  Adminis- 
trator, shall,  after  such  hearing  or  hearings  as  he  may  prescribe^ 
be  deemed  a  violation  of  this  Code. 

(a)  Selling,  offering  for  sale,  or  participating  in  any  sale  of  any 
industrj'  product  by  a  Member  of  the  Industry  at  any  ];)rice  other 
than  that  set  forth  in  his  then  currently  effective  schedule  or  upon 
any  terms  or  conditions  contrary  to  those  contained  in  such 
schedule. 

(b)  Failing  to  file  such  schedules  or  changes  therein,  as  required 
by  Section  1  of  this  Article. 

(c)  Failing  to  submit  the  list  of  stock  items  of  industry  products 
being  offered  for  sale  by  a  Member  of  Industry  pursuant  to. 
Article  V. 

(d)  Selling  or  offering  for  sale  a  stock  item  not  included  in  the 
original  list  submitted  by  a  Member  of  the  Industry  before  classifica- 
tion by  the  Plaiming  and  Classification  Board  pursuant  to  the  pro- 
visions of  Section  2  of  Article  V. 


>  See  paragraph  2  of  order  approving  tbis  Code. 


415 

(e)  Permitting,  directly  or  indirectly,  the  consummation  of  any 
sale  made  with  the  intent,  or  having  the  effect,  of  violating  the 
provisions  of  the  Act  or  the  Trade  Practices  of  this  Code. 

(f )  Pricing  to  the  Consumer  and/or  selling  industry  products  by 
any  Member  of  the  Industry  at  a  price  below  his  or  its  cost  as  de- 
termined pursuant  to  paragraph  (i).  Section  6,  of  Article  IV;  pro- 
vided, however,  that  a  member  may  meet  the  price  of  a  competitor 
whose  price  does  not  violate  the  Code;  and  provided  further  that  a 
member  may  make  such  sales  as  necessary  to  dispose  of  destandard- 
ized  or  obsolete  merchandise  or  products,  pursuant  to  such  rules  and 
regulations  as  issued  by  the  Code  Committee  under  Section  1  (g) 
of  this  Article.  Full  information  concerning  such  sales  of  de- 
standardized  or  obsolete  products  shall  be  made  available  to  the 
Code  Committee  and  to  all  Members  of  the  Industry. 

(g)  Promulgating,  renewing,  extending,  or  automaticall}^  con- 
tinuing after  the  effective  date  of  this  Code  any  buying  contracts  or 
agreements  unless  they  be  firm  binding  obligations  on  all  parties 
thereto,  specifying  that  applicable  discounts  and  terms  of  selling  as 
filed  shall  be  based  upon  definite  quantities  of  industry  products 
delivered  within  a  specified  time  not  exceeding  one  year.  Provided, 
however,  that  Subsections  (g)  and  (h)  of  this  Section  2  shall  not 
apply  to  sales  made  between  Members  of  the  Industry. 

(h)  Failing  to  file  within  ten  (10)  days  after  the  effective  date  of 
this  Code  all  other  existing  buying  arrangements  containing  terms 
contrary  to  the  provision  of  this  Code. 

(i)   Falsely  marking  or  labelling  any  industry  product. 

(j)  Representing  to  a  prospective  purchaser  that  a  Fire  Resistive 
Safe  is  "  indestructible  "  or  "  Never  needs  replacement "  or  similar 
statements  which  are  untrue,  or  unfair  to  the  public,  or  create  a  false 
;sense  of  permanent  security. 

(k)  Defaming  his  competitors  or  their  products  by  advertising, 
exhibition,  or  publishing  information  in  any  form  of  alleged  or 
actual  failure  of  such  competitors'  products. 

(1)  Selling  any  industry  product  with  any  responsibility  except 
that  for  one  year  a  Member  of  the  Industry'  may  be  responsible  for 
defective  materials  and  workmanship,  but  such  responsibility  shall 
only  apply  in  the  event  that  the  part  of  the  equipment  involved  has 
not  been  serviced  or  altered  by  any  others  than  the  Member  of  the 
Industry  who  sold  such  product. 

(m)  Claiming  that  a  Classified  industry  product  gives  more  pro- 
tection than  that  specified  by  said  classification. 

(n)  Failing  to  comply  with  any  rule  or  regulation  of  the  Code 
Committee  promulgated  under  the  powers  and  duties  delegated  to 
it  by  this  Code. 

Section  3.  As  certain  grades  of  fire  resistance,  as  classified  here- 
after, have  been  set  up  by  the  U.S.  Bureau  of  Standards,  the  Under- 
writers Laboratories,  and  the  National  Fire  Protection  Association, 
which  classifications  have  been  adopted  by  the  Industry  as  its 
standards,  it  shall  be  an  unfair  method  of  competition  to  offer  for 
sale  or  to  sell,  except  as  herein  provided,  any  industry  product  unless 
it  has  a  label  of  permanent  nature  applied  to  the  outside  face  of  said 
safe  or  container  or  to  the  inside  face  of  outer  door,  properly  classi- 
fying it  in  one  of  the  following  groups : 


416 

CLASS  A  OR  FOUR-HOUR  SAFES 

Safes  bearing  Underwriters',  Bureau  of  Standards',  or  Manufac 
turers'  certification  for  four-hour  fire  protection  with  or  without 
Underwriters'  T-20  burghiry  or  relocking  hibel. 

CLASS   B   OR   TWO- II  OUR    SAFES 

Safes  bearing  Underwriters",  Bureau  of  Standards",  or  Manufac- 
turers' certification  for  two-hour  fire  protection,  with  or  without 
Underwriters  T-20  burglary  or  relocking  Label. 

CLASS  C  OR  ONE-HOUR  SAFES 

Safes  bearing  Underwriters'.  Bureau  of  Standards,  or  Manufac- 
turers' certification  for  one-hour  protection. 

IXSPECTEn    IXSULATEI)    OR    4r)-MIXUTE    SAFES 

Safes  bearing  Underwriters',  Bureau  of  Standards',  or  Manufac- 
turers' certification  for  4o-minute  protection. 

INSULATED    SAFES    OR    CONTAINERS    AFFORDING    LESS    THAN     4  5    MINUTES 

CERTIFIED   PROTECTION 

Such  safes  or  containers  must  bear  a  label  "  Not  intended  to  pro- 
tect valuable  documents  and  records." 

CONTAINERS  NOT  INTENDED  FOR  FIRE  PROTECTION 

These  must  bear  the  following  label :  ''  This  Container  Not  in- 
tended for  Fire  Protection." 

INSULATI:D  filing  cabinets  (safe  FILES  OR  FIRE  FILES),  INSULATED 
TRAYS,  INSULATED  RECORD  DESKS,  AND  LIGHT  INSULATED  CONTAINERS 
WITH  OR  WITHOUT  HORIZONTAL  SLIDE-IN  DOORS 

Such  products  are  not  regarded  as  competitive  with  safes  as  they 
serve  an  entirely  different  purpose.  Such  products  must  bear  a  label 
indicating  their  degree  of  fire  protection. 

Vault  doors  have  likewise  been  classified  and  shall  be  labelled  as 
follows : 

INSULATED  VAULT  DOORS  BEARING  UNDERWRITERS'  OR  MANUFACTURERS' 
CERTIFICATION    (NOT  INCLUDING  BANK   AND  SECURITY  VAULT  DOORS) 

Vault  doors  bearing  Underwriters'  or  Manufacturers'  certification 
for  six  hours. 

Vault  doors  bearing  Underwriters'  or  Manufacturers'  certification 
for  four  hours. 

Vault  doors  bearing  Underwriters  or  Manufacturers'  certification 
for  two  hours. 

Vault  doors  bearing  Underwriters  or  ]\taiuifacturers'  certification 
for  one  hour. 


417 

Vault  doors  bearing  Underwriters  or  Manufacturers'  certification 
for  half  hour. 

UNINSULATED    PLATE    TYPE    VAULT    DOOR      (NOT    INCLUDING    BANK    AND 

SECURITY  VAULT  DOORS) (NOT  INCLUDING  VAULT  DOORS   SOLD  TO   THE 

UNITED  STATES  GOVERNMENT) 

As  uninsulated  plate  t3'pe  vault  doors  are  not  intended  for  fire 
protection  of  valuable  records,  documents  or  merchandise,  they  shall 
be  labelled  as  follows :  '•'  Not  insulated  for  fire  protection." 

All  other  stock  items  shall  be  properly  classified  in  accordance 
Avith  their  resistive  qualities  by  the  Planning  and  Classification 
Board  of  the  Industry  and  be  labelled  accordingly. 

Nothing  contained  in  the  above  list  of  Unfair  Trade  Practices 
shall  in  an}'  mamier  affect  or  interfere  with  the  making  of  quota- 
tions or  the  manufacture  under  contract  of  Industry  products,  in 
accordance  Avith  Federal,  State,  Municipal  or  private  specifications, 
])rovided,  however,  that  such  Industr}^  products  shall  not  be  sold 
or  offered  for  sale  as  a  substitute  for.  or  in  competition  with  Industry 
products  of  the  standard  classifications  as  above  set  forth. 

Article  YIII — Extras  and  Deductions  Not  Covered  in  Price 

Schedules 

Each  member  of  the  Industiy  on  the  basis  of  cost  as  determined 
pursuant  to  paragraph  (i).  Section  6  of  Article  IV,  shall  include 
in  his  price  the  minimum  additions  to  and  the  maximum  deductions 
from  the  base  prices  of  the  various  lines  of  industry  products,  which 
maximum  deductions  and  minimum  additions  a  member  of  the  In- 
dustry shall  use  to  determine  the  prices  of  variations  from  his  base 
products,  and  make  information  regarding  each  such  sale  available 
to  the  Code  Committee. 

Article  IX — Specials 

No  item  of  industry  products  which  is  not  covered  by  the  pub- 
lished list  prices  of  the  manufacturer  thereof  shall  be  sold  or  offered 
for  sale  in  competition  with  a  stock  item  at  net  prices,  discounts,  or 
terms  more  favorable  to  the  purchaser  than  the  most  favorable  pub- 
lished discounts,  terms,  or  net  prices  applying  to  the  nearest  com- 
parable listed  stock  item. 

Article  X — Monopolies 

No  provision  of  this  Code  shall  be  so  applied  as  to  promote  monop- 
olies or  monopolistic  practices,  or  to  eliminate,  oppress,  or  discrim- 
inate against  small  enterprises. 

Article  XI — Price  Increases 

Whereas  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  more  difficult  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price  in- 
creases except  such  as  may  be  required  to  meet  individual  cost  should 


418 

be  delayed,  but  when  made  such  increases  should,  so  far  as  possible, 
be  limited  to  actual  additional  increase  in  the  seller's  costs. 

Article  XII — Termination 

This  Code  and  all  Supplementary  Provisions  thereto  shall  expire 
on  June  16,  1935,  or  on  the  earliest  date  prior  thereto  on  which  the 
President  shall  by  proclamation,  or  the  Congress  shall  by  Joint 
Resolution,  declare  that  the  emergency  recognized  by  Title  1  of  the 
Act  has  ended. 

Article  XIII — Modification 

Section  1.  This  Code  and  all  the  provisions  thereof  are  expressly 
made  subject  to  the  right  of  the  President,  in  accordance  with  the 
provisions  of  subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel  or  modify-  any  order,  approval,  license,  rule,  or  regu- 
lation issued  under  said  Act;  and  specifically,  but  without  limita- 
tion, 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. 

Sec.  2.  Such  of  the  provisions  of  this  Code  as  are  not  required 
to  be  included  herein  by  the  Act  nuiy  with  the  approval  of  the  Ad- 
ministrator be  amended  as  provided  in  Section  3  hereof  in  such 
manner  as  may  be  indicated  by  the  needs  of  the  public,  by  changes  in 
circumstances,  or  by  ex])erience ;  all  of  the  provisions  of  this  Code, 
unless  so  modified  or  eliminated,  shall  remain  in  effect  until  June 
16,  1935. 

Sec.  3.  An  Amendment  may  be  proposed  by  any  interested  party, 
either  to  the  Code  Committee  or  directly  by  or  to  the  Administrator. 
All  projiosed  Amendments  shall  be  referred  to  the  Code  Committee, 
who  shall  give  Members  of  the  Industry  an  opportunity  to  be  heard 
thereon:  and  thereafter  the  Code  Counnittee  shall  make  such  rec- 
ommendations thereon  as  is  deemed  pro]:)er;  provided,  however,  that 
when  ;ij)proved  by  the  Administratoi',  as  necessary  to  effectuate  the 
policies  of  the  Act,  after  such  notice  and  hearing  as  he  may  prescribe, 
any  proposed  Amendment  shall  thereupon  become  effective  as  a 
part  of  the  Code. 

Sec.  4.  The  Code  Committee  may  make  recommendations  for 
modifications  of  this  Code  to  the  Administrator  which  shall  become 
effective  as  a  part  of  this  Code  upon  approval  by  the  Administrator 
after  such  notice  and  hearing  as  he  may  |3rescribe. 

Approved  Code  No.  88— Supplement  No.  1. 
Registry  No.  1133-16. 


SCHEDULE  A 

Fire  Resistive  Saie  Division  Supplemental  Code 

inuustuy  13ase  products 

The  Industry  bas^e  products  are  hereby  listed  as  follows : 
Fire  Resistive  Safes 

Insulated  Vault  Doors  (not  including  l)ank  and  security  vault  doors) 
Insulated  Filing  Cabinets  (siiife  liles  or  lire  filee) 
Insulated  Trays 

Light  Insulated  Containers  with  or  without  horizontal  slide-in  doors 
Containers  not  intended  for  fire  protection 
Uninsulated  Plate  Type  Vault  Dooi's   (not  including  bank  and  security 

vault  doors) 
Insulated  Record  Desks 
Safe  Interiors 
Burglary  and  robbery  resistive  eliests  and  lockers  (except  for  bank  use) 

Revision  of  this'  list  may  be  made  from  time  to  time  by  the  Code  Committee  or 
by  the  Administrator  at  his  discretion. 

DEFINITION    OF   CUSTOMERS 

ExGlusire  Dealer. — An  exclusive  dealer  is  a  retailer  (individual,  firm,  or 
corporation)  with  whom  a  member  of  the  Industry  has  a  written  agreement 
giving  the  dealer : 

(1)  Sole  selling  rights  of  all  or  part  of  his  line  in  a  defined  territory. 

(2)  Assistance  in  actual  resiale  of  merchandise. 

(3)  Complete  complement  of  literature,  advertising  aids,  etc.,  necessary  for 
promotion  of  resale  of  merchandise  covered,  and  giving  the  member  of  the 
Industry : 

( a )  Ample  display  representation  ; 

(b)  Ample  stock  representation; 

(c)  Exclusive  sales  representation; 

(d)  Complete  co-operation  in  maintaining  selling  policies  of  the  member  of 
the  Industry. 

Ko)i-Exclusii>e  Dealer. — A  non-exclusive  dealer  is  a  ret.iiler  (individual,  firm, 
or  corporation)  wbo  maintains  a  place  of  business  for  the  resale  of  industry 
products. 

Retail  Buyers. — A  retail  buyer  is  a  purchaser  of  definite  quantities  of  Indus- 
try products  for  his  use  and  consumption  and  not  for  resale. 

Jobber. — A  jobber  is  anyone  who  engages  in  the  sale  of  industry  products 
at  retail  or  to  retailers,  but  who  does  not  maintain  more  than  four  salesrooms 
and  one  warehouse. 

Broken^. — A  broker  is  anyone,  other  than  above  defined,  who  purchases. 
Industry  Products  for  resale  at  retail. 

DISCOUNTS 

The  discounts  as  provided  in  Article  VII  allowed  to  each  of  the  above-defined 
classes  of  customers  shall  be  applied  to  all  list  prices  published  under  the  provi- 
sions of  said  Article,  and  shall  truly  represent  variance  in  cost  of  distribution 
to  the  ultimate  consumer. 


Terms  of  sale  for  all  Industry  Products  shall  be  as  follows: 

(1)  ^Vholesale  Sale-"!. — All  classes  of  purchases,  2% — 10th  prox.  net  30th  prox.. 

(2)  Retail  Hales. — No  discount  for  cash. 

(3)  Deferred  Bailments. — Maximum,  12  months,  with  down  payment  of  10%> 
with  order  and  109J:  on  delivery  and  6%  to  be  cbarged  on  deferred  payments. 

(419) 


Approved  Code  No.  84 — Supplement  No.  44 
SUPPLEMENTARY  CODE   OF   FAIR   COMPETITION 

FOR  THE 

PULP  AND  PAPER  MILL  WIRE   CLOTH 
MANUFACTURING  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Approving  Supplejientary  Code  of  Fair  Competition  for  the  Pulp 
AND  Paper  Mill  Wire  Cloth  Manufacturing  Indusit^y 

A  division  of  the  fabricated  metal  products  manufacturing  and 

METAL  FINISHING  AND  METAL  COATING  INDUSTRY 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  and  in  accordance  with  the 
provisions  of  Section  I  of  Article  VI  of  the  Basic  Code  for  the  Fabri- 
cated Metal  Products  Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Industry,  approved  November  2,  1933,  for  approval  of  a 
Supplementary  Code  of  Fair  Competition  for  the  Pulp  and  Paper 
Mill  Wire  Cloth  Manufacturing  Industry,  and  hearing  having  been 
duly  held  thereon;  and  the  annexed  report  on  said  Supplementary 
Code,  containing  findings  with  respect  thereto,  having  been  made  and 
directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Supplementary  Code  complies  in  all 
respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act ;  and  do  hereby  order  that  said 
Supplementary  Code  of  Fair  Competition  be  and  it  is  hereby 
approved. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  A dmin istra t or. 

Washington,  D.C, 

July  30^  193^. 

(421) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  Supplementary  Code  of  Fair  Compe- 
tition for  the  Pulp  and  Paper  Mill  Wire  Cloth  Manufacturing  Indus- 
try, a  division  of  the  Fabricated  Metal  Products  Manufacturin*]^  and 
Metal  Finishing  and  Metal  Coating  Industry,  the  hearing  having 
been  conducted  thereon  in  Washington,  D.C..  February  IG,  1934,  in 
accordance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act. 

GENERAL   STATEMENT 

The  Pulp  and  Paper  Mill  Wire  Cloth  Manufacturing  Industry,, 
being  truly  representative  of  this  division  of  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry,  has  elected  to  avail  itself  of  the  option  of  submitting  a 
Supplementarv  Code  of  Fair  Competition,  as  provided  for  in  Section 
1  of  Article  VI  of  the  Basic  Code,  for  the  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and  Metal  Coating  Indus- 
trj'^  approved  by  you  on  the  second  day  of  November,  1933. 

RESUME    OF   THE   CODE 

Article  I  states  the  purpose  of  the  Supplementary  Code. 

Article  II  accurately  defines  specific  terms  employed  in  the  Supple- 
mentary Code. 

Article  III :  This  Industry  is  a  division  of  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  and  the  labor  provisions  of  its  Basic  Code,  as  approved 
November  2,  1933,  are  the  labor  provisions  of  this  Supplementary 
Code. 

Article  IV  establishes  a  Supplementary  Code  Authority  consisting: 
of  seven  (7)  members  to  be  elected  by  the  members  of  the  Industry 
at  a  meeting  called  by  the  Temporary  Supplementary  Code  Com- 
mittee, and  gives  the  Administrator  the  authority  to  appoint  one 
additional  member  without  vote  and  provides  machinery  for  obtain- 
ing statistics  and  the  administration  of  the  Supplementary  Code. 

Article  V  provides  for  an  accounting  system  and  methods  of  cost 
linding  and/or  estimating. 

Article  VI  provides  against  selling  below  allowable  cost  as  ileter- 
mined  by  a  uniform  method  of  costing. 

Article  VII  provides  for  methods  of  setting  up  and  revising  price 
lists. 

Article  VIII  sets  forth  the  unfaii'  trade  practices  of  this  Supple- 
mentary Code  which  has  been  especially  designed  to  offset  unfair- 
competition  in  this  division  of  the  Industry. 

(422) 


423 

Article  IX  provides  against  monopolies  and  monopolistic  practices. 

Article  X  contains  the  mandatory  provisions  contained  in  Section 
10(b)  and  also  provides  for  the  submission  of  proposed  amendments 
to  the  Supplementary  Code. 

Article  XI  recognizes  that  price  increases  be  limited  to  actual 
additional  increases  in  the  seller's  costs. 

Article  XII  states  the  effective  date  and  duration  of  this  Supple- 
mentary Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supplementary  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  Said  Supplementary  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  industry  for  the  purposes  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temporarily  required),  by  increasing  the  consumption  of  industrial 
and  agricultural  products  through  increasing  purchasing  power,  by 
reducing  and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Industry  normally  ehiplo3^s  not  more  than  50,000  em- 
ployees: and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplementary  Code  as  approved  complies  in  all  respects 
Avith  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  industrial  association  truly  representative 
of  the  aforesaid  Industry;  and  that  said  association  imposes  no  in- 
equitable restrictions  on  admission  to  membership  therein. 

(d)  The  Supplementary  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplementary  Code  is  not  designed  to  and  will  not 
eliminate  or  oppress  small  enterprises  and  will  not  operate  to  dis- 
criminate against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplementary  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplementary 
Code. 

Respectfully, 

Hugh  S.  Johnson, 

Adimnistrator. 
July  30,  1934. 

80835—34 22 


SUPPLEMENTARY  CODE  OF  FAIR  CO^IPETITION  FOR 
THE  PULP  AND  PAPER  MILL  AYIRE  CLOTH  MANUFAC- 
TURING INDUSTRY 

A    DIVISION    OF   THE   FABRIC ATEl)   METAL    PIH)I)ICTS    :\r AXUFACTUKIXG   AND 
METAL   FINISHING   AND   :METAL    COATING    INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Supple- 
mentary Code  of  Fair  Competition  for  the  Pulp  and  Paper  Mill 
Wire  Cloth  Manufacturing  Industry,  pursuant  to  Article  YI  of 
the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and  Metal  Coating  Indus- 
try, approved  by  the  President  of  the  United  States  on  the  second 
day  of  November,  1933,  and  the  provisions  of  this  Supplementary 
Code  shall  be  the  standards  of  fair  competition  for  such  industry 
and  shall  be  binding  upon  every  member  thereof. 

Article  II — Definitions 

Section  1.  The  term  "  Pulp  and  Paper  Mill  Wire  Cloth  Manu- 
facturing Industiy  ''  means  the  manufacture  for  sale  of  cloth  or 
screen  of  brass,  copper,  bronze,  steel,  nickel,  monel  metal,  alloys,  or 
combinations  thereof,  for  use  in  pulp  or  paper  mills. 

Section  2.  The  terms  "  President  ",  ''Act  "  and  "Administrator  " 
as  used  herein  shall  mean  respectively  the  President  of  the  United 
States.  Title  I  of  the  National  Industrial  Recovery  Act,  and  the 
Administrator,  for  Industrial  Recovery. 

SEcrnoN  3.  The  term  "  member  of  this  Industry  "  as  used  herein 
includes  but  without  limitation  any  individual,  partnership,  asso- 
ciation, corporation  or  other  form  of  enterprise  engaged  in  this  In- 
dustry either  as  an  employer  or  on  his  or  its  own  behalf. 

Section  4.  The  term  "  Basic  Code  "  as  used  herein  is  defined  to 
mean  the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  as  approved  by  the  President  of  the  United  States  on  the 
second  day  of  November,  1933. 

Section  5.  The  term  "  employee  "  as  used  herein  includes  any  and 
all  persons  engaged  in  the  Industry  however  compensated  except  a 
member  of  the  Industry. 

Section  6.  The  term  "  em]Dloyer  "  as  used  herein  includes  anyone 
by  whom  any  such  employee  is  compensated  or  employed. 

Section  7.  The  term  "  Supplementary  Code  Authority  "  as  used 
herein  means  the  agency  which  is  to  administer  this  Supplementary 
Code  as  hereinafter  provided. 

(424) 


425 

Section  8.  The  term  "  Supplementary  Code  Committee  "  as  used 
herein  is  defined  to  mean  the  committee  authorized  to  present  this 
Supplementary  Code. 

Section  9.  The  term  "  Confidential  xVgent  •'  as  used  herein  is  de- 
fined to  mean  the  impartial  agency  designated  by  the  Supplemen- 
tary Code  Authority. 

Section  10.  Tlie  term  "Association  ''  is  defined  to  mean  the  Wire 
Cloth  Manufacturers'  Association  or  its  successor. 

Section  11.  The  term  "Federation"  as  used  herein  is  defined  to 
mean  the  Fabricated  Metal  Products  Federation  or  its  successor. 

Article  III — Employment  Provisions 

This  Industry  is  a  division  of  the  Fabricated  ISIetal  Products 
Manufacturing  and  Metal  Finishing  and  ^Nletal  Coating  Industry 
and  without  limitations  the  wage,  hour  and  labor  provisions  in 
Article  III  of  its  Basic  Code  as  approved  by  the  President,  Novem- 
ber 2,  1933,  including  Section  1  of  said  Article  III.  by  which  the 
provisions  of  sub-sections  (1),  (2)  and  (3)  of  Section  7,  (a)  of 
Title  I  of  the  Act  are  made  conditions  of  this  Code,  are  specifically 
incorporated  herein  and  made  a  ])art  hereof  as  the  wage,  hour  and 
labor  provisions  of  this  Supplementary  Code. 

Article  IV — Organizattox  and  Administration 

Section  1.  During  the  period  not  to  exceed  sixty  (GO)  days  fol- 
lowing the  effective  date,  the  Supplementary  Code  Committee  of  the 
Industry  shall  constitute  a  temporary  Supplementary  Code  xVuthor- 
ity  until  tlie  Supplementary  Code  Authority  is  elected.  There  sliall 
be  constituted  within  the  sixty-day  period  a  Supplementary  Code 
Authority  consisting  of  seven  members  to  be  elected  by  the  members 
of  the  Industry,  at  a  meeting  called  by  the  Temporary  Sipplemen- 
tary  Code  Authority,  ui^on  ten  (10)  clays'  notice  sent  oy  registered 
mail  to  all  members  of  the  Industry  whose  names  may  be  ascertained 
after  a  diligent  search,  who  may  vote  either  in  person  or  by  proxy. 
The  members  of  the  Supplementary  Code  Autliority  first  elected 
shall  serve  until  the  following  annual  meeting  of  the  Association, 
and  thereafter,  members  of  the  Supplementary  Code  Authority  shall 
be  elected  at  each  annual  meeting  of  the  Association  to  serve  until 
the  following  annual  meeting.  The  members  of  the  Supplementary 
Code  Authority  shall  be  elected  in  the  following  manner: 

(a)  Five  (5J  members  who  sliall  be  members  of  the  Association  by 
a  majority  vote  of  the  members  of  the  Industry  present  in  person 
or  by  proxy,  each  member  to  have  one  vote. 

(b)  Two  (2)  members  who  are  members  of  this  Industry,  but  not 
members  of  the  Association  to  be  selected  and  elected  by  the  non- 
members  of  the  Association  present  in  person  or  by  proxy  each 
member  to  have  one  vote. 

In  case  the  non-members  fail  to  elect  the  non-members  as  herein- 
above provided,  the  Administrator  shall  appoint  such  non-members 
from  a  list  of  four  non-members  to  be  furnished  by  the  Confidential 
Agent. 

A  vacancy  in  the  membership  of  the  Supplementary  Code  Author- 
ity shall  be  filled  by  a  majorit}^  vote  of  the  remaining  members  of 


426 

the  Supplementary  Code  Authority;  provided,  however,  that  the 
member  of  the  Supplementary  Code  Authority  who  is  chosen  to  fill 
such  vacancy  shall  be  selected  from  the  class  ot  membership  in  which 
the  vacancy  has  occurred. 

In  addition  thereto  the  Administrator  may  appoint  a  member  of 
the  Supplementary  Code  Authority  who  shall  be  Avithout  vote  and 
shall  serve  without  expense  to  the  Industry,  unless  the  Supplementary 
Code  Authority  atri'ees  to  pay  such  expense.  The  rei)resentative  who 
may  be  appointed  b}^  the  Administrator  shall  be  given  reasonable 
notice  of  all  meetinj^s  and  may  sit  at  all  meetings  of  the  Supple- 
mentary  Code  Authority. 

Section'  2.  Each  trade  or  industrial  association  directly  or  indi- 
rectly participating  in  the  selectiim  or  activities  of  the  Supplementary 
Code  Authorit}'  sludl  (1)  impose  no  inecjuitable  restrictions  on  mem- 
bership, and  (2)  shall  submit  to  the  Administrator  true  copies  of  its 
Articles  of  Association,  By-Laws.  Keguhitions  and  any  amendments 
when  made  thereto,  together  with  such  other  infornuition  as  to  mem- 
bershij),  organization  and  activities  as  may  be  reasonably  necessary 
to  effectuate  the  purposes  of  the  Act. 

Section  3.  In  order  that  the  Supplementary  Code  Authority 
shall,  at  all  times,  be  truly  representative  of  the  Industry  and  in 
other  respects  comply  with  the  provisions  of  the  Act,  the  Adminis- 
trator may  prescribe  such  Hearings  as  he  may  reasonably  deem 
proi)er;  and,  thereafter,  if  he  shall  find  that  the  Supplementary  Code 
Authority  is  not  truly  representative  or  does  not  in  other  respects 
com})ly  with  the  provisions  of  the  Act,  may  require  the  removal 
of  any  or  all  of  the  members  thei'cof  and  may  make  appropriate 
modification  or  modifications  of  the  Supplementary  Code  Authority, 

Sectiox  4.  All  members  of  the  Industry  are  subject  to  the  jurisdic- 
tion of  this  Suj)plementary  Code;  shall  be  entitled  to  partici])ate 
in  and  share  the  benefits  of  the  Sui)plenieiitary  Code;  shall  be  en- 
titled to  vote  in  the  selection  of  members  of  the  Supplementary 
Code  Authority  as  provided  in  Section  1  of  this  Article. 

Section  5.  It  being  found  necessary  in  order  to  support  the  ad- 
ministration of  this  Sui)i)lementary  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  hereunder  and  to  effectuate  the 
policy  of  the  Act,  the  Supplementary  Code  Authority  is  authorized: 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  puri)oses  and  to  meet  such  obligaticms  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  ])ur])oses  of  the  Supplementary  Code; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry. 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 


427 

Each  member  of  the  Industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Supplementary 
Code  Authorit3%  determined  as  hereinabove  provided,  and  subject 
to  rules  and  regulations  pertaining  thereto  issued  by  the  Adminis- 
trator. Only  members  of  the  Industry  complying  with  the  Supple- 
mentary Code  and  contributing  to  the  expenses  of  its  administration 
as  hereinabove  provided,  shall  be  entitled  to  participate  in  the  selec- 
tion of  members  of  the  Supplementary  Code  Authority  or  to  receive 
the  benefits  of  any  of  its  voluntary  activities  or  to  make  use  of  any 
emblem  or  insignia  of  the  National  Recovery  Administration. 

The  Supplementary  Code  xVuthority  shall  neither  incur  nor  pay 
any  obligations  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Section  6.  Nothing  contained  in  this  Supplementary  Code  shall 
constitute  the  members  of  the  Supplementary  Code  Authority  part- 
ners for  any  purpose.  Nor  shall  any  member  of  the  Supplementary 
Code  Authority  be  liable  in  any  manner  to  anyone  for  any  act  of 
any  other  member,  officer,  agent  or  employee  of  the  Supplementary 
Code  Authority,  nor  shall  any  member  of  the  Supplementary  Code 
Authority,  exercising  reasonable  diligence  in  the  conduct  of  his 
duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission 
to  act  under  this  Supplementary  Code,  except  for  his  own  willful 
juaifeasance  or  non-feasance. 

Section  7.  The  Supplementary  Code  Authority  shall  also  from 
time  to  time  furnish  to  the  Basic  Code  Authority  designated  in  said 
Basic  Code,  such  information  as  may  be  required  to  be  furnished 
under  terms  of  said  Basic  Code. 

Section  8.  The  Supplementary  Code  Authority  shall  have  all  the 
powers  and  duties  which  shall  be  necessary  and  proper  to  enable  it 
to  fully  administer  this  Supplementary  Code  and  to  effectuate  its 
purposes. 

Without  limitation  to  the  foregoing  or  any  other  powers  or  duties 
provided  for  in  this  Supplementary  Code,  the  Supplementary  Code 
Authority  shall  have  the  following  further  powers  and  duties: 

(a)  To  insure  the  execution  of  the  provisions  of  this  Supple- 
mentary Code  and  to  secure  compliance  of  the  Industry  with  the 
provisions  of  the  Act. 

(b)  To  adopt  by-laws  and  rules  and  regulations  for,  and  keep 
records  of  its  procedure  and  the  administration  of  this  Supplemen- 
tary Code. 

(c)  To  obtain  from  members  of  the  Industry  such  information 
and  reports  as  are  required  for  the  administration  of  the  Supple- 
mentary Code.  In  addition  to  information  required  to  be  submit- 
ted to  the  Supplementary  Code  Authority,  members  of  the  Industry 
subject  to  this  Supplementary  Code  shall  furnish  such  statistical 
information  as  the  Administrator  may  deem  necessary  for  the  pur- 
poses recited  in  Section  3  (a)  of  the  Act  to  such  Federal  and  State 
agencies  as  he  may  designate ;  provided  that  nothing  in  this  Supple- 
mentary Code  shall  relieve  any  member  of  the  Industry  of  any  exist- 
ing obligations  to  furnish  reports  to  any  Government  agenc}'.     No 


428 

individual  report  :?hall  be  disclosed  to  any  other  member  of  the  In- 
dustry or  any  other  party  exeei)t  to  such  othei-  Governmental 
aofencies  as  may  be  directed  by  the  Administrator. 

id)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proi)er  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Supplementary 
Code  Authority'  of  its  duties  or  responsibilities  under  this  Supple- 
mentary Code  and  that  such  trade  associations  and  agencies  shall  at 
all  times  be  subject  to  and  comply  with  the  provisions  hereof. 

(e)  To  make  recommendations  to  the  Administi'ator  for  the  co- 
ordination of  the  administration  of  this  Supplementary  Code  with 
such  other  codes,  if  any.  as  may  be  related  to  the  Industry. 

(f )  To  recommend  to  the  Administrator  further  fair  trade  practice 
provisions  to  govern  members  of  tlie  Industry  in  their  relations  with 
each  other  or  with  other  industries  and  to  recommend  to  the  Admin- 
istrator measures  for  industrial  planning,  including  stabilization  of 
employment. 

(g)  To  set  up  definitions  for  the  various  classes  of  customers 
within  this  Industry  after  submission  to  and  with  the  approval  of 
the  Administrator  after  notice  and  hearing,  and  when  so  approved 
by  the  Administrator,  quotations,  prices,  discounts,  credit  terms, 
allowances  or  other  conditions  of  sale,  shall  be  made  on  the  basis  of 
such  definitions  and  deviations  therefrom  shall  constitute  unfair 
methods  of  competition  and  a  violation  of  this  Supplementary  Code. 

Sectiox  9.  The  Supplementary  Code  Authority  shall  have  the 
power  under  such  rules  and  regulations  as  the  Administrator  may 
prescribe  to  investigate  all  complaints  filed  by  one  member  of  the 
Industry  against  another  member  of  the  Industry. 

Section  10.  If  the  Administrator  shall  determine  that  any  action 
of  a  Supplementray  Code  Authority  or  any  agency  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  further  considera- 
tion by  such  Supplementary  Code  Authority  or  agency  pending  final 
action  which  shall  not  be  effective  unless  the  Administrator  approved 
or  unless  ho  shall  fail  to  disapprove  after  thirty  days'  notice  to  him 
of  intention  to  proceed  with  such  action  in  its  original  or  modified 
form. 

Section  11.  Each  member  of  the  Industry  subject  to  the  jurisdic- 
tion of  this  Supplementary  Code  shall  comply  with  all  requirements 
of  the  Supplementary  Code  Authority  made  or  taken  pursuant  to 
the  provisions  of  this  Supplementary  Code,  and  the  failure  of  any 
member  of  the  Industry,  within  a  reasonable  time  so  to  do.  shall 
constitute  a  violation  of  this  Supjilementary  Code. 

Section  12.  Every  em])loyer  shall  provide  for  the  safety  and 
health  of  employees  during  the  hours  and  at  the  places  of  their  em- 
ployment. Standards  for  safety  and  health  shall  be  submitted  by 
the  Supplementary  Code  Authority  to  the  Administrator  within  six 
months  aftei-  the  effective  date  oi  the  Supplementary  Code. 

Section  13.  To  appoint  a  Trade  Practice  Committee  which  shall 
meet  with  the  trade  practice  committees  appointed  under  such  other 
codes  as  may  be  related  to  the  Industry  for  the  purpose  of  formu- 


429 

lating  fair  trade  practices  to  govern  the  relationships  between  em- 
ployers under  this  code  and  under  such  other  codes  to  the  end  that 
such  fair  trade  practices  may  be  proposed  to  the  Administrator  as 
amendments  to  this  code  and  such  other  codes. 

Article  V — Accounting  and  Costing 

Section  1.  The  Supplementary  Code  Authority  shall  cause  to  be 
formulated  an  accounting  system  and  methods  of  cost  finding  and/or 
estimating  capable  of  use  by  ail  members  of  the  Industry.  After 
such  system  and  methods  have  been  formulated  and  approved  by  the 
Administrator,  full  details  concerning  them  shall  be  made  available 
to  all  members  of  the  Industry.  Thereafter,  all  members  of  the 
Industr}^  shall  determine  and/or  estimate  costs  in  accordance  with 
the  principles  of  such  methods. 

Section  2.  When  the  Supplementary  Code  Authority  determines 
that  an  emergency  exists  in  this  Industry  and  that  the  cause  thereof 
is  destructive  price-cutting  such  as  to  render  inelfective  or  seriously 
endanger  the  maintenance  of  the  provisions  of  this  Supplementary 
Code,  the  Supplementary  Code  Authority  may  cause  to  be  deter- 
mined the  lowest  reasonable  cost  of  the  products  of  this  Industry, 
such  determination  to  be  subject  to  such  notice  and  hearing  as  the 
Administrator  may  require.  The  Administrator  may  approve,  dis- 
approve, or  modify  the  determination.  Thereafter,  during  the  pe- 
riod of  the  emergency,  it  shall  be  an  unfair  trade  practice  for  any 
member  of  the  Industry  to  sell  or  olfer  to  sell  any  products  of  the 
Industry  for  wdiich  the  lovv^est  reasonable  cost  has  been  determined 
at  such  prices  or  upon  such  terms  or  conditions  of  sale  that  the 
buyer  wnll  pay  less  therefor  than  the  lowest  reasonable  cost  of  such 
products. 

When  it  appears  that  conditions  have  changed,  the  Supplementary 
Code  Authority,  upon  its  own  initiative  or  upon  the  request  of 
any  interested  party,  shall  cause  the  determination  to  be  reviewed. 

Article  YI — Selling  Beloav  Cost 

No  member  of  this  Industiy  shall  sell  or  exchange  any  of  the 
products  of  this  Industry,  at  a  price,  or  ui)on  terms  aiid  conditions, 
which  will  result  in  the  purchaser  paying  for  the  goods  received, 
less  than  the  allowable  cost  thereof  to  the  seller,  determined  in 
accordance  wnth  a  uniform  method  of  costing  above  described  in 
Article  V;  provided,  however,  that  dropped  lines,  or  seconds,  or 
inventories  which  must  be  converted  into  cash  to  meet  emergency 
needs  may  be  disposed  of  b}^  anj^  member  of  this  Industry,  at  any 
price  and  on  any  terms  and  conditions,  but  only  if  such  member 
of  this  Industry,  not  less  than  twt)  weeks  before  such  disposal,  has 
filed  with  the  Supplementary  Code  Authority  or  its  Confidential 
Agent,  a  statement  in  writing,  setting  forth  the  fact  of,  and  reasons 
for,  such  proposed  disposal,  and  provided  further,  that  any  mem- 
ber of  this  Industry  maj^  sell  below  his  costs  in  order  to  meet  com- 
petitive prices  w'hich  do  not  violate  this  Supplementary  Code,  and 
which  are  filed  in  accordance  Avitli  the  provisions  of  Article  VII  of 


430 

this  Supplementary  Code,  or  to  meet  competition  from  products 
of  equivalent  desifrn,  character,  quality,  or  specifications  manufac- 
tured outside  the  I'nitcd  States,  ])rovided  that  he  has  first  so  re- 
ported to  the  Supplementary  Code  Authority  and  in  such  report  has 
cited  the  competition  vhich  caused  him  to  take  such  action. 

Article  VII — Puice  Lists 

Section  1.  If  the  Sui)plementary  Code  Authority  determines  that 
it  has  been  the  generally  recognized  practice  in  this  Industry,  or  in 
any  branch  or  subdivision  thereof,  to  sell  certain  products  of  this 
Industry  on  the  basis  of  net  price  lists,  or  jirice  lists  and  discount 
sheets,  each  member  of  this  Industry  manufacturin*!;  and  selliuir 
sucli  products  shall,  within  ten  (10)  days  after  notice  of  such  deter- 
mination, file  with  the  Sui^plementary  Code  Authority  throuo-h  its 
Confidential  Agent  a  net  price  list,  or  price  list  and  discount  sheet, 
in  such  form  and  for  such  products  as  the  Supplementary  Code 
Authority  may  prescribe  ancl  the  Supplementary  Code  Authority 
tlirough  its  Confidential  Agent  shall  immediately  send  copies  thereof 
to  all  known  manufacturers  of  such  products.  Such  ])rice  lists  sliall 
be  avaihible  to  all  interested  buyers  at  the  office  of  the  Confidential 
Agent. 

Changes  in  prices  and/or  revised  price  lists  and/o)'  discount  sheets 
and/or  all  other  conditions  of  sale  of  such  prochict  shall  be  filed 
from  time  to  time  thereafter  with  the  Supplementary  Code  Authority 
through  its  Confidential  Agent  by  any  member  of  this  Industry  by 
fastest  possible  written  transmission  to  become  effective  immediately 
upon  actual  receipt  by  the  Supplementary  Code  Authority  througli 
its  Confidential  Agent.  Copies  of  changes  in  prices  and/or  revised 
price  lists  and/or  discount  sheets  and/or  all  other  conditions  of  sale 
shall  be  immediately  sent  by  the  Supplementary  Code  Authority  by 
fastest  possible  written  transmission  to  all  known  members  of  this 
Industry  and  shall  })e  available  to  all  interested  buyers  at  the  office  of 
the  Confidential   Agent. 

Section  2.  Each  member  of  the  Industry  shall  furnish  the  Sup- 
plementary Code  Authority  for  distribution  with  such  number  of 
copies  of  his  price  lists  and/or  discount  sheets  as  the  Supplementary 
Code  Authority  may  prescribe. 

Section  3.  No  member  of  the  Industry  shall  sell,  directly  or  indi- 
rectly, by  any  means  whatsoever,  any  product  of  the  Industry  cov- 
ered by  provisions  of  this  Article  VII  at  a  price  or  at  discounts,  or 
on  other  conditions  of  sale  more  favorable  than  those  provided  in  his 
own  current  net  price  lists,  or  price  lists  and  discount  sheets. 

Article  VIII — Unfair  Trade  Practices 

In  addition  to  the  Unfair  Trade  Practices  covered  by  Article  V 
of  the  Basic  Code  except  Section  A  thereof,  and  for  all  purposes  of 
this  Supplementary  Code  the  following  described  acts  shall  ccmsti- 
tute  unfair  j)ractices.  Any  member  of  the  Industry  who  shall  di- 
rectly or  indirectly  through  any  officer,  employee,  agent  or  represent- 
ative use  or  einidoy  any  of  such  unfair  practices  shall  be  guilty  of 
a  violation  of  this  Supplementary  Code, 


431 

Rule  1.  Classification. — No  member  of  the  Industry  shall  falsely 
classify  any  product  of  this  Industry  for  the  purpose  of  securing 
lower  freight  rates. 

Rule  ±Comhi nation  Sales. — No  member  of  the  Industry  shall 
sell  or  offer  to  sell  commodities  other  than  products  of  this  Industry 
at  prices  below  the  cost  therefor  to  the  members  of  this  Industry 
for  such  product  in  order  to  influence  sales. 

Rule  3,  Commissions. — No  member  of  the  Industry  shall  split  com- 
missions or  other  compensation  received  by  an  employee  or  agent 
of  the  seller,  with  the  buyer,  for  the  purpose  or  with  the  eifect  of 
influencing  a  sale. 

Rule  ^.Contracts. — No  member  of  the  Industry  shall  make  any 
sale  or  contract  of  sale  of  any  product  under  any  description  which 
does  not  fully  describe  such  product  in  terms  customarily  used  in 
the  Industry. 

Rule  5.  Espionage  of  Competitors. — No  member  of  the  Industry 
shall  procure,  otherwise  than  with  the  consent  of  any  Member  of  the 
Industry,  any  information  concerning  the  business  of  such  member 
which  is  properly  regarded  as  a  trade  secret,  or  confidential  within 
an  organization. 

Rule  6.  Guaranties. — No  member  of  the  Industry  shall  make  or 
issue  any  guaranties  as  to  life  or  tonnage  cost  of  wires. 

Rule'T.  Service,  Extra. — No  member  of  the  Industry  shall  render 
to  any  purchaser  of  any  product  in  or  in  connection  with  the  sale  of 
such  product  any  service,  unless  fair  compensation  for  such  service 
shall  be  paid  by  such  purchaser. 

Rule  8.  Lump  Sum  Bids  and  Contracts. — No  member  of  the  In- 
dustry shall  submit  a  bid  or  bids  for  two  or  more  commodities,  one 
of  which  is  Pulp  and/or  Paper  Mill  Wire  Cloth,  in  which  the  unit 
price  of  each  commodity  is  not  clearly  stated.  Accepting  orders 
or  contracts  for  sale  at  a  lump  sum  where  the  contract  does  not 
specify  the  exact  quantity,  quality,  and  unit  price  of  the  product 
puchased. 

Rule  9.  SeUing  on  Consignment. — No  member  of  the  Industry 
shall  ship  goods  on  consignment  except  under  circumstances  to  be 
defined  by  the  Supplementary  Code  Authority  and  approved  by 
the  Administrator,  where  peculiar  circumstances  of  the  Industry 
require  the  practice. 

Rule  10.  Protection  Against  Decline  or  Advance. —  (a)  No  mem- 
ber of  the  Industry  shall  protect  a  purchaser  against  decline  in 
price  or  protect  a  purchaser  against  advance. 

(b)  The  acceptance  of  any  order  specifying  shipment  beyond 
ninety  (90)  days  from  receipt  of  order  and/or  any  agreement  to  hold 
finished  merchandise  in  the  manufacturer's  plant  subject  to  requisi- 
tion by  the  buyer,  except  under  extraordinary  conditions  beyond 
the  control  of  the  bu3^er. 

(c)  The  revealing  by  any  member  of  the  Industry  to  any  pro- 
spective buyer  of  an  intention  to  change  his  price  until  proposed 
changes  have  become  effective. 

Rule  11.  Make  and  Hold  CJrders. — No  member  of  the  Industry 
shall  accept  "  Make  and  Hold  Orders  " ;  to  make  up  and/or  stock 
wires  for  a  customer  with  his  knowledge  in  the  absence  of  a  definite 
order  as  in  Rule  ten  (10)  preceding. 


432 

Rule  12.  Service  AlJoicances. — No  member  of  the  Industry  shall 
make  any  allowance  for  short  or  unsatisfactory  service  of  pulp  and 
l^aper  mill  wire  cloth  unless  the  entire  wire  is  returned  to  the  manu- 
facturer. 

Rule  13.  Damage  in  Transit. — No  member  of  the  Industry  shall 
assume  responsibility  for  allej^ed  danuiiie  in  transit. 

Rule  14.  Secret  Rebates. — No  member  of  the  Industry  for  the 
purpose  of  influencino;  a  sale,  or  any  other  purpose  shall  offer  or 
make  any  secret  payment  or  allowance  of  a  rebate,  refund,  com- 
mission, credit,  unearned  discount  or  excess  allowance,  whether  in 
the  form  of  uKmey  or  otherwise,  nor  shall  a  member  of  the  Industry 
offer  or  extend  to  any  customer  any  special  service  or  privilege  not 
extended  to  all  customers  of  the  same  class. 

Rule  15.  Threats  of  Law  Suits. — No  member  of  the  Industry  shall 
publish  or  circulate  unjustified  or  unwarranted  threats  of  leo;al  pro- 
ceedings which  tend  to  or  have  the  effect  of  harassing  competitors 
or  intimidating  their  customers. 

Rule  16.  Interference  nv'th  Another'' s  Contracts. — No  member  of 
the  Industry  shall  attempt  to  induce  the  breach  of  a  contract  be- 
tween a  competitor  and  his  customer  or  source  of  supply;  nor  shall 
any  such  member  interfere  Avith  or  obstruct  the  performance  of 
such  contractual  duties  or  services. 

Rule  17.  No  member  of  the  Industry  shall  sell  on  terms  more 
favorable  than  thirty  (30)  days  net.  / 

Article  IX — Monopolies 

No  provision  of  this  Supplementary  Code  shall  be  so  applied  as 
to  permit  monopolies  or  monopolistic  practices,  or  to  eliminate,  op- 
press or  discriminate  against  small  enterprises. 

Article  X — Modifications 

Section  1.  This  Supplementary  Code  and  all  the  provisions 
thereof  are  expressly  made  subject  to  the  riglit  of  the  President,  in 
accordance  with  provisions  of  subsection  (1))  of  Section  10  of  the 
Act.  from  time  to  time  to  cancel  or  modify  any  order,  ajjproval, 
license,  rule  or  regulation  issued  under  said  Act. 

Section  2.  This  Supplementary  Code,  except  as  to  provisions  re- 
quired by  the  Act,  may  be  modified  or  amended  on  the  basis  of 
experience  or  changes  in  circumstances,  such  modifications  or 
amendments  to  be  based  upon  application  by  the  Supplementary 
Code  Authority  or  other  representative  group  within  the  Industry 
to  the  Administrator  and  such  Notice  and  Hearing  as  he  shall  specify 
and  to  become  effective  and  be  a  part  of  this  Supplementary  Code 
on  approval  by  the  Administrator. 

Article  XI — Price  Increase 

Whereas  the  policy  of  the  Act  to  increase  real  purchasing  power 
will  be  made  more  difficult  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price 
increases  except  such  as  may  be  required  to  meet  individual  costs 


433 

should  be  delayed  and  when  made,  such  increases  should  so  far 
as  possible,  be  limited  to  actual  additional  increases  in  the  seller's 
costs. 

Article  XII — Effective  Date  and  Duration 

This  Supplementary  Code  shall  become  effective  at  12 :01  o'clock 
A.M.,  Eastern  Standard  Time,  on  the  tenth  day  after  it  is  approved 
by  the  President  and  shall  continue  in  effect  until  June  16,  1935, 
or  the  earliest  date  prior  thereto  on  which  the  President  shall,  by 
proclamation,  or  the  Congress  shall,  by  joint  resolution  declare  that 
the  emergency  recognized  by  Section  1  of  Title  I  of  the  National 
Industrial  Recovery  Act,  has  ended. 

Approved  Code  No.  84 — Supplement  No.  44. 
Registry  No.  1&46-1-02 


Approved  Code  No.  347 — Supplement  No.  36 
SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 

FOR   THE 

REFRIGERATING  MACHINERY  INDUSTRY 

As  Approved  on  July  30,  1934 


ORDER 


Approving  Supplementary  Code  of  Fair  Competition  for  the 
Refrigerating  Machinery  Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  tlul}'  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  1(5.  1038,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Refrigerating  Maclimery 
Subdivision  of  Machinery  and  Allied  Products  Industry,  and  hear- 
ings having  been  duly  held  thereon  and  the  annexed  report  on  said 
Supplemental  Code  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President: 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  ])rovisions  and  will  promote  the 
])olicy  and  purposes  of  said  Title  of  said  Act ;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved  subject  to  the  following  conditions:  (1)  that  the  provisions 
of  Articles  VI,  VII,  VIII,  and  IX  be  and  they  hereby  are  stayed  for 
a  period  of  fifteen  (15)  days;  then  to  become  effective  unless  I,  by 
my  further  order,  otherwise  direct;  within  which  time  cause  may  be 
shown,  if  any  there  be,  why  the  above  provisions  should  not  become 
effective ;  and  that  the  Code  Authority  send  notice  of  the  stay  of 
these  provisions  and  of  the  opportunitj'^  to  show  cause  why  they 
should  not  become  effective  to  all  known  employers  of  the  Subdi- 
vision; and  (2)  that  the  provisions  of  Article  VIII,  Section  (a), 
insofar  as  the}^  prescribe  a  waiting  period  between  the  filing  with 
the  Code  Authority  (or  such  agency  as  may  be  designated  in  the 
'Supplemental  Code)  and  the  effective  date  of  price  lists  or  revised 

(435) 


436 

terms  and  conditions  of  sale,  be  and  they  hereb}'  are  stayed  pending 
my  further  order. 

Hugh  S.  Johnson, 
Administ^'ator  for  Industrial  Recovei^. 

Approval  recommended : 
Barixin  AV.  Murray, 

DhnMon  Admin  is  f  nit  or. 

Washington,  D.C, 

July  30,  193Jf. 


REPORT  TO   THE   PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Supplemental  Code  of  Fair  Com- 
petition for  the  Refrigerating  Machinery  Subdivision  of  Machinery 
and  Allied  Products  Industry,  a  Public  Hearing  on  which  was 
lield  in  Washington,  D.C.,  on  December  21,  1933.  The  Hearing 
was  conducted  in  full  accordance  with  the  provisions  of  Title  I 
of  the  National  Recovery  Act. 

GENERAL   STATEMENT 

The  Refrigerating  Machinery  Subdivision  being  representative 
of  the  manufacturers  of  the  products  defined  in  Article  II  of  the 
Supplemental  Code,  has  elected  to  formulate  and  submit  a  Sup- 
plemental Code  of  Fair  Competition  as  provided  in  the  second 
paragraph  of  Article  I  of  the  Code  of  Fair  Competition  for  the 
Machinerv  and  Allied  Products  Industry  approved  on  the  seven- 
teenth day  of  March  1934. 

The  Refrigerating  Machinery  Subdivision  means  the  engineering, 
design,  and  production  of  commercial  and  industrial  ice  making  and 
refrigerating  machinery  and  equipment  incidental  thereto.  It  is 
expressly  stated  for  the  pui-poses  of  this  Code  that  it  is  to  apply 
to  the  engineering,  design,  manufacture,  and  sale,  as  well  as  erec- 
tion and/or  installation  of  such  machinery  and  equipment  incidental 
thereto.  Any  work  or  process  incidental  to  and  carried  on  by  an 
employer  at  his  plant  or  elsewhere  as  a  part  of  the  manufacture 
of  any  product  of  the  Subdivision  shall  be  governed  by  the  pro- 
visions of  this  Code  rather  than  of  any  other  Code. 

ECONOMIC  EFFECT 

This  Subdivision  has  been  severely  affected  by  the  recent  depres- 
sion. This  is  evidenced  by  the  steady  decline  in  annual  sales  after 
1929  from  $37,769,000  in  1929  to  $20,580,000  in  1932  or  45.2  per  cent. 

In  1929  this  Subdivision  employed  approximately  6,759  factory 
workers,  which  total  declined  to  about  4,339  workers  as  of  November 
15,  1933  or  35.8  per  cent.  Approximately  56  per  cent  of  the  workers 
were  working  more  than  40  hours  per  week  as  of  June  15,  193'3  as 
compared  to  an  average  work  week  of  50.6  hours  in  1929. 

Estimated  man  hours  declined  from  an  average  of  342,000  per  week 
in  1929  to  133,210  as  of  November  15.  1933  or  61  per  cent.  Until 
there  is  a  further  increase  in  man  hour  requirements,  the  adoption 
of  the  40  hour  week  will  probably  cause  no  increase  in  employment 
in  this  Subdivision. 

(437) 


438 

,  Estimated  weekly  earnings  declinetl  from  an  average  of  $27.02  in 
1929  to  a  minimum  of  $13.38  in  the  last  half  of  1932,  or  50.5  per  cent. 

Based  on  the  distribution  as  of  June  15,  1933  and  the  specified 
percentages  of  number  of  wage  earners  receiving  less  than  rates 
previously  prevalent  in  this  Subdivision,  the  adoption  of  the  pro- 
posed minimum  hourly  rates  will  cause  an  increase  in  factory  pay- 
rolls in  this  Subdivision. 

The  wage  provisions  for  the  Subdivision,  which  is  operating 
under  the  Code  of  the  Machinery  and  Allied  Products  Industry, 
provide  that  employees  engaged  in  plant  operations  shall  be  paid  as 
follows:  (1)  in  cities  of  more  than  50,000  population  and  their 
immediate  vicinity,  40  cents  per  hour;  (2)  in  cities  of  more  than 
10.000  but  not  more  than  50,000  population  and  their  immediate 
vicinity,  which  cities  are  not  in  the  immediate  vicinity  of  a  city  of 
more  than  50,000  population,  38  cents  per  hour ;  (S)  in  cities  of  10,000 
population  or  less  and  their  immediate  vicinity,  which  cities  are  not 
in  the  immediate  vicinity  of  a  city  of  more  than  10,000  population, 
3C  cents  per  hour,  except  that  employees  engaged  in  plant  operations 
in  all  localities  in  the  states  of  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Tennessee,  Alabama,  Mississippi,  Arkan- 
sas, Louisiana,  Texas,  and  Oklahoma,  shall  be  paid  not  less  than  32 
cents  per  hour. 

When  females  do  substantially  the  same  work  as  males  or  replace 
males,  they  shall  receive  the  same  pay.  However,  no  female  employee 
shall  be  paid  less  than  871/2  %  of  the  proper  rate  for  the  locality  in 
which  employed. 

Employees  other  than  those  engaged  in  plant  operations  shall  re- 
ceive not  less  than  $15.00  per  week. 

Office  boys  and  girls  and  apprentices  shall  be  paid  not  less  than 
80%  of  the  minimum  wage. 

This  Supplemental  Code  provides  that  no  person  under  sixteen 
years  of  age  shall  be  employed  in  this  Subdivision. 

RESUME   OF   SUPPLEMENTAL   CODE 

Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  applicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code. 

Article  III  provides  for  the  adoption  of  the  employment  provi- 
sions of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry  as  approved  by  you  and  as  from  time  to  time 
amended. 

Article  IV  provides  for  the  adoption  of  Articles  II,  VI,  and  VIII, 
of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry  in  accordance  with  the  conditions  of  this  Article 
governing  their  adoption. 

Article  V  provides  for  the  establishment  of  the  Code  Authority 
and  defines  its  powers  and  duties. 

Article  VI  provides  for  an  accounting  system  and  methods  of 
cost  finding  and/or  estimating. 

Article  VII  ])rovides  that  no  products  shall  be  sold  or  exchanged 
below  a  reasonable  cost  when  the  Code  Authority  determines  that 
an  emergency  exists. 


439 

Article  VIII  provides  for  methods  of  setting  up,  revising,  and 
filing  price  lists  and  discount  sheets  and  terms  of  sale  and  payment. 

Article  IX  sets  forth  trade  practices  for  the  Subdivision. 

Article  X  provides  that  no  provision  of  this  Suppleii^ental  Code 
relating  to  pricing  and  marketing  shall  apply  to  export  sales. 

Article  XI :  This  Supplemental  Code  and  all  the  provisions 
thereof  are  expressly  made  subject  to  the  right  of  the  President  in 
accordance  with  subsection  (b)  of  Section  10  of  the  Act,  from  time 
to  time  to  cancel  or  modify  any  order,  approval,  license,  rule  or 
I'egulation  issued  under  said  Act.  Provision  is  also  made  that  modi- 
fications may  be  submitted  by  the  Code  Authority  to  the  Adminis- 
trator for  approval. 

Article  XII  provides  means  for  withdrawal  of  this  Subdivision 
from  the  Basic  Code  and  its  continuance  as  an  autonomous  Code. 

Article  XIII  establishes  that  no  provision  of  this  Supplemental 
Code  shall  be  so  applied  as  to  permit  monopolies  and  monopolistic 
practices  as  to  eliminate,  oppress,  or  discriminate  against  small 
enterprises. 

Article  XIV  states  the  effective  date  of  this  Supplemental  Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me 
on  said  Supplemental  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000 
employees;  and  is  not  classified  by  me  as  a  major  industr3^ 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act.  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the  ap- 
plicant association  is  an  industrial  association  truly  representative  of 
the  aforesaid  Subdivision;  and  that  said  Association  imposes  no  in- 
equitable restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

80835—84 23 


440 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discrim- 
inate against  them. 

(f)  Tho^  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  the  said 
Supi^lemental  Code. 

P\)r  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code,  provided  that  certain  provisions  relating  to  accounting  and 
costing,  selling  below  reasonable  cost,  price  lists,  and  unfair  trade 
practices  are  stayed  as  stated  in  the  Order. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator, 
JUI.Y  30.  1934. 


SUPPLEMENTARY  CODE  OF   FAIR  COMPETITION   FOR 
THE  REFRIGERATING  MACHINERY  INDUSTRY 

A  DIVISION  OF  THE  MACHINERY  AND  ALLIED  PRODUCTS  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Refrigerating  Machinery 
Subdivision  of  the  ^lachinery  and  Allied  Products  Industry,  and 
together  with  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  shall  be  the  standard  of  fair  competition 
for  this  Subdivision,  and  shall  be  binding  on  every  Employer  thertin. 

Article  II — Definitions 

^^Applicant "  means  the  Refrigerating  Machinery  Association,  a 
trade  organization,  all  members  of  which  are  engaged  in  the  manu- 
facture for  sale  of  the  products  of  the  Refrigerating  Macliinery 
Subdivision  of  the  Machinery  and  Allied  Products  Industry. 

"  I iidustr^/  "  means  the  Machinery  and  Allied  Products  Industry,  as 
defined  in  its  Code  as  approved  by  the  President,  and  as  such  defini- 
tion nuiy  from  time  to  time  be  amended. 

"  Suhdivkion  "  means  the  Refrigerating  Machinery  Subdivision 
of  the  Machinery  and  Allied  Products  Industry  as  defined  and  set 
forth  in  paragraph  26,  Article  II  of  the  Code  of  Fair  Competition 
for  the  Machinery  and  Allied  Products  Industry  as  follows: 

'■  Refrigerafhig  Mach'nienj  Subdivision  "  means  the  engineering, 
design,  and  production  of  conunercial  and  industrial  ice  making  and 
refrigerating  machinery  and  equipment  incidental  thereto.  It  is 
expressly  stated  for  the  purposes  of  this  Code  that  it  is  to  apply  to 
the  engineering,  design,  manufacture,  and  sale,  as  well  as  erection 
and/or  installation  of  such  machinery  and  equipment  incidental 
thereto.  .  Any  work  or  process  incidental  to  and  carried  on  by  an 
Employer  at  his  plant  or  elsewhere  as  a  part  of  the  manufacture  of 
any  product  of  the  Subdivision  shall  be  governed  by  the  provisions 
of  this  Code  rather  than  any  other  Code. 

'■  Code  "  means  the  Code  of  Fair  Competition  for  the  Machinery 
and  Allied  Products  Industry  as  approved  by  the  President,  March 
17,  1934.  and  as  from  time  to  time  amended. 

'•  Person  "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankruptcy,  a  receiver 
or  other  entity, 

'"'' Employer  "  means  any  person  engaged  in  this  Subdivision  either 
on  his  own  behalf  or  as  an  employer  of  labor. 

''Emyloyee  "  means  any  one  Avho  is  employed  in  the  Subdivision 
by  any  such  Employer. 

(441) 


442 

'■''The  Act  "  means  Title  I  of  the  National  Industrial  Recovery  Act. 

^'■The  President''''  means  the  President  of  the  United  States. 

'"The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

''■Ba.sic  Code  Authorifi/^^  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Prochicts  Industry  as  constituted  by  the  Code. 

^^Code  Authoi^ity "'  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Supplemental  Code. 

"Group  Code  Authority/ "  means  the  Code  Authority  for  any 
group  or  product  classification  within  this  Subdivision. 

'■''Puhlish  "  means  to  make  available  to  the  public. 

Article  III — Employment  Provisions 

The  following  Articles  of  the  Code,  viz ;  Article  III,  "  Working 
Hours  " ;  Article  IV,  "  Wages  '' ;  and  Article  V,  "  General  Labor 
Provisions  "  are  hereby  made  a  part  of  this  Supplemental  Code, 
with  the  same  effect  as  if  thev  were  written  into  this  Supplemental 
Code. 

Article  IV — Adoption  of  Other  Provisions  or  Code 

The  following  Articles  of  the  Code,  viz ;  Article  II,  "  Defini- 
tions " ;  Article  VI,  "Administration  ",  to  the  extent  that  they  shall 
be  applicable  to  this  Supplemental  Code  as  such  or  as  it  may  here- 
after be  administered  as  an  autonomous  Code;  and  Article  VIII, 
"  Modifications  and  Termination  ",  are  hereby  adopted  and  made  a 
part  of  this  Supplemental  Code  with  the  same  effect  as  if  they  were 
written  into  this  Supplemental  Code. 

Article  V — Administration  ^ 

(a)  The  permanent  Code  Authority  to  admiliister,  supervise  and 
to  facilitate  the  enforcement  of  the  Code  and  this  Supplemental 
Code,  heretofore  duly  elected  in  accordance  with  Article  VI,  Sec- 
tion (g)  of  the  Code,  shall  be  (if  such  method  of  election  is 
approved  by  the  Administration)  the  Code  Authority  of  this  Sub- 
division until  its  successors  are  duly  elected  and  qualified  in  accord- 
ance with  the  procedural  rules  and  regulations  of  this  Subdivision 
(duly  adopted  in  accordance  with  Article  VI,  Section  (g)  of  the 
Code)  and  with  the  following  sections  of  this  Article  V.  When  its 
successors  shall  have  been  duly  elected  and  qualified,  they  shall  con- 
stitute the  Permanent  Code  Authority. 

(b  It  being  found  necessary  in  order  to  support  the  Administra- 
tion of  this  Supplemental  Code  and  to  maintain  the  standards  of 
fair  competition  established  hereunder  and  to  effectuate  the  policy 
of  the  Act,  the  Code  Authority  is  authorized : 

1.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  Code ; 


*  See  paragraph  2  of  order  approving  this  Code. 


443 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary : 

(A)  An  itemized  budget  of  its  estimated  expenses  for  the 
foregoing  purposes,  and 

(B)  An  equitable  basis  upon  which  the  funds  necessary  to 
support  such  budget  shall  be  contributed  by  all  employers  of 
the  Subdivision; 

(C)  After  such  budget  and  basis  of  contribution  have  been 
approved  by  the  Administrator,  to  determine  and  obtain 
equitable  contributions  as  above  set  forth  by  all  employers  of 
the  Subdivision,  and  to  that  end,  if  necessary,  to  institute  legal 
proceedings  therefor  in  its  own  name. 

3.  Each  employer  of  the  Subdivision  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Author- 
ity, determined  as  hereinabove  provided,  and  subject  to  rules  and 
regulations  pertaining  thereto  issued  hj  the  Administrator.  Only 
employers  of  the  Subdivision  complying  with  the  Code  and  con- 
tributing to  the  expenses  of  its  administration,  as  hereinabove  pro- 
vided, unless  duly  exempted  from  making  such  contributions,  shall 
be  entitled  to  participate  in  the  selection  of  the  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  any  of  its  voluntary  activities 
or  to  make  use  of  any  emblem  or  insignia  of  the  National  Recovery 
Administration. 

4.  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Administra- 
tor shall  have  so  approved. 

(c)  In  order  that  the  Code  Authority'  shall  at  all  times  be  truly 
representative  of  the  Subdivision  and  in  other  respects  comply  with 
the  provisions  of  the  Act,  the  Administrator  may  prescribe  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find 
that  the  Code  Authority  is  not  truly  representative  or  does  not  in 
other  respects  comply  with  the  provisions  of  the  Act,  may  require 
an  appropriate  modification  in  the  method  of  selection  of  the  Code 
Authority. 

(d)  Action  by  Employers  in  any  Subdivision  meeting  for  the 
election  of  Code  Authority  shall  be  by  vote  of  the  Employers  entitled 
to  vote  as  provided  in  Section  (b3)  of  this  Article  V,  and  who  are 
present  in  person  or  by  jDroxy,  each  such  Emploj^er  to  have  one  vote 

(e)  Action  by  Employers  in  any  Subdivision  meeting  for  the 
adoption  of  procedural  rules,  revisions  or  additions  to  the  Supple- 
mental Code,  or  the  transaction  of  other  business  of  the  Subdivision 
under  this  Supplemental  Code,  shall  be  by  vote  of  the  Employers 
who  are  entitled  to  vote  thereat  as  provided  in  Section  (b3),  Article 
V  of  this  Supplemental  Code  and  are  present  in  person  or  by  proxy 
duly  executed  and  filed  with  Code  Authority;  cast  and  computed  in 
the  manner  provided  in  Section  (d).  Article  VI  of  the  Code.  All 
questions  as  to  the  number  of  votes  which  each  Employer  shall  be 
entitled  to  cast  at  any  meeting  of  Employers  other  than  the  meet- 
ing held  to  vote  for  the  election  of  the  permanent  Code  Authority 


444 

shall  be  determined  bv  Code  Authority,  in   accordance   with  Sec- 
tion (d).  Article  VI  of  the  Code. 

(f)  Enii)k)vcrs  in  this  Subdivision  liavin<>'  a  common  interest  and 
common  problems  may  be  o;rouped  by  Code  Authority  for  atlminis- 
trative  purposes.  There  shall  be  a  Group  Code  Authority  approved 
or  appointed  by  Code  Authority  for  each  such  «rouix 

(g)  If  formal  complaint  is  made  to  Code  Authority  that  provi- 
sions of  this  Supplemental  Code  have  been  violated  by  any  Employer, 
Code  Authority  or  the  proper  Group  Code  Authority  shall  investi- 
gate the  complaint,  and  to  that  end.  nuiy  to  the  extent  permitted  by 
the  Act,  cause  such  investigation,  examination  or  audit  to  be  made,  as 
may  be  deemed  necessary.  If  such  investioation  is  made  by  Grouj) 
Code  Authority,  it  shall  rej)ort  the  result  of  such  investigation  or 
audit  to  Code  Authority  for  action. 

(h)  The  Code  Authority  may  appoint  a  Trade  Practice  Connnit- 
tee  which  shall  meet  with  the  Trade  Practice  Committees  appointed 
under  such  other  Codes  as  may  be  related  to  the  Subdivision  for  llie 
purpose  of  fornudating  fair  trade  practices  to  govern  the  relation- 
ships between  production  and  distribution  Euiployers  under  this 
Supplemental  Code  and  under  such  others  to  the  end  that  such  fair 
trade  practices  may  be  proposed  to  the  Administrator  as  amend- 
ments to  this  Supplemental  Code  and  such  other  Codes. 

Akticle  VI  ^ — Accounting  and  Costino 

The  Code  Authority  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of  use 
by  all  Employers  of  this  Subdivision.  After  such  system  and 
methods  have  been  formulated,  full  details  concerning  them  shall 
be  made  available  to  all  employers.  Thereafter  all  Employers  shall 
determine  and 'or  estimate  costs  in  accordance  with  the  principles  of 
such  methods. 

Article  VII ' — Selling  Below  Reasonahle  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  in  this  Subdivision  and  that  the  cause  thereof  is  de- 
structive price-cutting  such  as  to  renckn-  ineHective  or  seriously  en- 
danger the  maintenance  of  the  provisions  of  this  Su])plemental 
Code,  the  Code  Authority  may  cause  to  be  determined  the  lowest 
reasonable  cost  of  the  products  of  this  Subdivision,  such  deter- 
mination to  be  subject  to  such  notice  and  hearing  as  the  Adminis- 
tratoi'  nuiy  require.  Tlie  Administrator  nuiy  a})j)rove,  tlisa]){)rove, 
or  modify  the  determination.  Thereafter,  during  the  period  of  the 
emei'gency,  it  shalbbe  an  unfair  trade  practice  for  an}-  employer  of 
the  Subdivision  to  sell  or  oiler  to  sell  any  products  of  the  Subdivision 
for  which  the  lowest  reasonable  cost  has  been  determined  at  such 
prices  or  upon  such  terms  or  conditions  of  sale  that  the  buyer  will  pay 
less  therefor  than  the  lowe.st  reasonable  cost  of  such  products. 

When  it  appears  that  conditions  have  changed,  the  Code  Author- 
ity, upon  its  own  initiative  or  upon  the  request  of  an}^  interested 
party,  shall  cause  the  determination  to  be  reviewed. 


'  See  parr.graph  2  of  onler  approving  this  Code. 


445 

Section  2.  The  foregoing  Section  (1)  shall  not  apply  to  (a) 
dropj^ed  lines,  or  (b)  seconds,  or  (c)  inventories  which  must  be 
converted  into  cash  to  meet  emergency  needs,  all  of  which  may  be 
disposed  of  by  any  emploj^er  at  any  price  and  on  any  terms  or  con- 
ditions, but  onW  if  such  employer,  not  less  than  two  weeks  before 
such  proposed  disposal,  has  filed  with  Code  Authority  a  statement 
in  writing  setting  forth  the  facts  of,  and  reasons  for,  such  proposed 
disposal  and  the  price  terms  and  conditions  of  sale,  and  Code  Au- 
thority has  not,  (with  the  approval  of  the  Administrator),  before 
the  termination  of  such  two  week  period,  in  writing,  disapproved 
the  proposed  disposal.  Notice  of  such  disposal,  if  not  disapproved, 
shall  be  sent  immediately  to  all  employers  manufacturing  products 
of  equivalent  design,  character,  quality  or  specifications,  who  may 
sell  such  products  at  prices  and  on  terms  and  conditions  as  favor- 
able as  those  stipulated  in  the  proposed  disposal,  when  meeting  the 
competition  of  such  proposed  disposal. 

Section  3.  The  foregoing  Section  (1)  shall  not  apply  to  a  sale 
made  in  order  to  meet  competition  on  products  manufactured  out- 
side the  United  States.  For  such  disposal,  any  employer  may  sell, 
at  prices  and  on  terms  and  conditions  as  favorable  as  those  of  the 
competing  foreign  product,  but  only  if  he  has  first  reported  to  the 
Code  Authority  his  intention  so  to  sell,  and  the  facts  as  to  the 
competition  which  justifies  such  action. 

Article  VIII  ^ — Price  Lists 

(a)  If  and  when  the  Code  Authority  of  this  Subdivision  deter- 
mines that  in  any  branch  or  group  of  the  Subdivision  it  has  been 
the  generally  recognized  practice  to  sell  a  specified  product  on  the 
basis  of  net  price  lists,  or  price  lists  with  discount  sheets,  and  terms 
of  sale  and  payment,  each  employer  shall,  within  ten  (10)  days 
after  notice  of  such  determination,  file  with  the  Code  Authority  a 
net  price  list,  or  a  price  list  and  discount  sheet,  as  the  case  may  be, 
individually  prepared  by  him,  showing  his  current  prices,  or  prices 
and  discounts,  and  terms  of  sale  and  payment,  for  such  specified 
product,  and  the  Code  Authority  shall  immediately  publish  and 
send  copies  thereof  to  all  known  employers  who  are  cooperating  in 
this  Supplemental  Code  as  described  in  Section  (b3)  of  Article  V 
hereof. 

Revised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  payment  for  such  product  may  be  filed  from  time  to  time  there- 
after with  the  Code  Authority  by  any  employer,  but  such  revised 
price  lists  and/or  discount  sheets  and/or  terms  of  sale  and  payment 
shall  be  filed  with  the  Code  Authority  ten  (10)  days  in  advance  of 
the  eft'ective  date.  Copies  of  such  revised  price  lists  and/or  discount 
sheets  and/or  terms  of  sale  and  payment,  for  such  product,  with 
notice  of  the  effective  date  specified,  shall  be  immediately  published 
and  sent  to  all  known  employers  who  are  cooperating  in  this  Sup- 
plemental Code  as  described  in  Section  (b3)  of  Article  V  hereof,  any 
of  whom  may  file,  if  he  so  desires,  to  become  effective  upon  the  date 
when  the  revised  price  list  and/or  discount  sheet  and/or  terms  of 
sale  and  payment  first  filed  shall  go  into  effect,  revisions  of  his  price 

1  See  paragraph  2  of  order  approving  this  Code. 


U6 

lists  and/or  discount  sheets  and/or  terms  of  sale  and  payment  estab- 
lishing prices  or  prices  and  discounts  not  lower  or  terms  of  sale  and 
payment  not  more  favorable  than  those  established  in  the  revised 
price  lists  and/or  discount  sheets  and/or  terms  of  sale  aixl  payment 
first  filed.  Nothing  in  the  foregoing  shall  constitute  a  limitation 
upon  the  right  of  any  employer  to  file  revised  lists  fixing  his  own 
prices,  discounts  and/or  terms  of  sale  and  payment,  which  prices 
and  discounts  maj^  be  either  more  or  less  favorable  than  those  con- 
tained in  any  other  price  list,  to  be  effective  as  provided  in  the  first 
sentence  of  tliis  paragraph.'^ 

(b)  If  and  when  the  Code  Authority  shall  determine  that  in  any 
branch  or  group  of  the  Subdivision  not  now  selling  its  product  on 
the  basis  of  price  lists,  with  or  without  discount  sheets,  with  terms 
of  sale  and  payment,  the  distribution  or  marketing  conditions  in  said 
branch  or  group  are  the  same  as,  or  similar  to,  the  distribution  or 
marketing  conditions  in  a  brancli  or  group  of  the  Subdivision  where 
the  use  of  price  lists,  with  or  without  discount  sheets,  and/or  terms  of 
sale  and  payment,  is  well  recognized,  and  that  a  sj^stem  of  selling  on 
net  price  lists  or  price  lists  and  discount  sheets  with  terms  of  sale  and 
paj'ment  for  such  product  should  be  put  into  effect  in  such  branch 
or  group,  then  each  employer  of  such  branch  or  group  shall  within 
ten  (10)  days  after  notice  of  such  determination,  file  with  the  Code 
Authority  net  price  lists  or  price  lists  and  discount  sheets,  containing 
terms  of  sale  and  payment,  showing  his  current  prices  and  discounts 
and  terms  of  sale  and  payment,  and  such  price  lists  and/or  discount 
sheets  and/or  terms  of  sale  and  paj^ment  may  be  thereafter  revised  in 
the  manner  hereinabove  provided ;  and  such  methods  of  pricing  and 
revisions  thereof  shall  be  "  published  and  sent "  as  described  in  Ar- 
ticle VIII  (a)  ;  provided,  however,  that  the  Code  Authority  shall 
make  no  determination  to  place  any  product  of  the  Subdivision  (not 
now  on  a  price  list  basis)  on  a  price  list  basis,  as  provided  in  this 
paragraph  (b)  of  Article  VIII,  unless  the  employers  who  are  at 
that  time  engaged  in  manufacturing  such  product  and  are  at  that 
time  cooperating,  have  given  their  affirmative  consent  to  such  deter- 
mination. The  eligibility  requirements,  method  and  effect  of  such 
voting  shall  be  the  same  as  provided  in  section   (e)   of  Article  V. 

Each  employer  shall  prepare  and  shall  furnisli  the  Code  Authority 
for  distribution  with  such  number  of  copies  of  his  price  lists  and/or 
discount  sheets  and/or  terms  of  sale  and  payment  as  Code  Author- 
ity may  prescribe. 

(c)  No  emploj'er  shall  sell  directly  or  indirectly  by  any  means 
whatsoever,  any  product  of  the  Subdivision  covered  by  provisions 
of  this  Article  VIII  at  a  price  or  at  discounts,  or  on  terms  of  sale 
and  payment,  different  from  those  provided  in  his  own  current  net 
price  lists,  or  price  lists  and  discount  sheets,  provided  that  nothing 
in  the  above  shall  prevent  an  employer  from  adding  to  liis  own  price 
and/or  price  list  and  discount  sheets  by  increasing  his  job  price  to 
include  unusual  selling,  engineering,  servicing,  financing,  financial 
risks,  or  other  similar  special  charges  provided,  however,  that  in  the 
event  of  an  employer  quoting  a  higher  price  than  the  price  published 
in  his  own  price  list  and/or  price  list  and  discount  sheets,  to  take 

*  See  paragraph  2  of  order  approving  this  Code. 


447 

care  of  unusual  selling,  engineering,  servicing,  financing,  financial 
risks,  or  other  similar  special  charges,  he  shall  not  subsequently 
quote  a  lower  price  on  said  prospective  sale  than  that  price  first 
quoted,  except  in  accordance  with  revised  price  lists  duly  filed  or 
unless  he  simultaneously  eliminates  part  or  all  of  the  unusual  engi- 
neering, servicing,  financing,  financial  risks  or  other  similar  special 
charges,  for  which  a  corresponding  reduction  only  may  be  made. 

(d)  Wherever  by  the  provisions  of  this  Article  VIII  an  employer 
is  or  may  be  required  to  or  permitted  to  file  terms  of  sale  and  pay- 
ment, such  terms  shall  mean  usual  or  standard  terms,  and  to  cover 
any  special  and/or  unusual  terms  definite  formulae  for  determining 
such  special  and/or  unusual  terms  shall  be  filed. 

(e)  If  and  when  Code  Authority  shall  determine  that  it  is  unde- 
sirable to  continue  the  filing  of  net  price  lists  and/or  price  lists 
with  discount  sheets  and/or  fixed  terms  of  sale  and  payment  on 
any  product  in  respect  of  which  such  filing  has  heretofore  been 
required,  such  filing  shall  cease  and  the  provisions  of  this  Article 
shall  not  apply  to  such  product  unless  and  until  Code  Authority 
shall  again  determine  that  such  filing  be  made. 

(f )  The  Code  Authority  shall  from  time  to  time,  with  the  approv- 
al of  the  Administrator,  formulate,  prescribe  and  distribute  to 
persons  in  the  Industry  regulations  with  respect  to  minimum  cash 
payments,  and/or  maximum  deferred  terms,  and/or  carrying  or 
finance  charges. 

Article  IX^ — Unfair  Trade  Practices 

The  following  practices  constitute  Unfair  Methods  of  Competi- 
tion for  employers  of  the  Subdivision.  They  are  prohibited  and  are 
in  violation  of  this  Code : 

1.  No  Employer  shall  Imowingly  make  any  misrepresentation  in 
connection  with  the  sale  or  advertisement  for  sale  and/or  marketing 
of  any  products  of  this  Subdivision  with  the  intent  or  effect  of  mis- 
leading or  deceiving  buyers,  or  prospective  buyers,  regarding  their 
quality,  composition,  or  service  features. 

2.  No  employer  shall  give,  permit  to  be  given,  or  directly  offer  to 
give,  anything  of  value  for  the  purpose  of  influencing  or  rewarding 
the  action  of  any  employee,  agent  or  representative  of  another  in 
relation  to  the  business  of  the  employer  of  such  employee,  the  princi- 
pal of  such  agent  or  the  represented  party,  without  the  knowledge 
of  such  Employer,  principal  or  party.  This  Commercial  bribery 
provision  shall  not  be  construed  to  prohibit  free  and  general  distri- 
bution of  articles  commonly  used  for  advertising  except  so  far  as 
such  articles  are  actually  used  for  commercial  bribery  as  hereinabove 
defined. 

3.  No  employer  shall  induce  or  attempt  to  induce  by  any  means 
any  party  to  a  commercial  agreement  with  another  Employer  to 
violate  such  agreement. 

4.  No  Employer  shall  secretly  offer  or  make  any  payment  or 
allowance  of  a  rebate,  refund,  commission  credit,  unearned  discount 
or  excess  allowance,  whether  in  the  form  of  money  or  otherwise,  nor 


^  See  paragraph  2  of  order  approving  this  Code. 


448 

shall  any  Employer  secretly  offer  or  extend  to  any  customer  any 
special  service  or  privileire  not  extended  to  all  customers  of  the  same 
class,  for  the  purpose  of  influencing  a  sale. 

5.  Xo  Employer  shall  publish  or  circulate  threats  of  suits  for  in- 
fringement of  patents  or  trade  marks,  or  of  any  other  legal  proceed- 
ings not  made  in  good  faith,  with  the  tendency  or  effect  of  harassing 
competitors  or  intimidating  their  customers. 

6.  No  Employer  shall  procure,  otherwise  than  with  the  consent 
of  any  other  employer,  any  information  concerning  the  business  of 
such  employer,  which  is  properly  regarded  by  such  employer  as  a 
trade  secret  or  confidential  within  his  or  its  organization. 

7.  Xo  Employer  shall  accept  a  contract  wherein  the  Employer  as- 
sumes responsibility  for  indirect  or  consequential  damages  nor  shall 
any  Employer  grant  a  guaranty  covering  defective  workmanship, 
material  or  design  to  extend  for  a  longer  period  than  one  year.  The 
term  *"  indirect  or  consequential  damages  "  is  defined  to  mean  dam- 
ages (1)  other  than,  or  in  excess  of,  the  reasonable  cost  of  repairing 
or  replacing  any  defective  machinery,  equipment  or  parts  furnished 
b}'  the  Employer  under  the  contract,  or  (2)  other  than  stipulated, 
liquidated  damages  relating  to  delivery,  completion  and/or 
performance. 

8.  Xo  Employer  shall  guarantee  cost  of  power  consumed  or  cost 
of  products  ])roduced  by  products  of  the  Subdivision. 

9.  Xo  Em])loyer  shall,  except  in  order  to  comply  with  the  written 
specifications  of  any  agency  of  the  Federal  Government,  State  Gov- 
ernment, or  any  Subdivision  thereof,  accept  contracts  embodying 
penalty  or  bonus  clauses  relative  to  dates  of  completion  of  contracts. 

10.  Xo  Employer  shall  guarantee  cost  of  maintenance  of  products 
of  the  Subdivision. 

11.  Xo  Employer  shall  make  an  allowance  or  trade-in  value  to  a 
buyer  for  used  or  second-hand  products. 

12.  Xo  Employer  shall  indulge  in  destructive  price-cutting. 

Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  shall  not  apply  to  direct  export  sales  of  any  product.  A 
similar  exemption  may  be  granted  by  the  Code  Authority  as  to  sales 
of  any  product  destined  ultimately  for  export.  The  term  "  export 
trade  "  wherever  used  in  this  Code  means  solely  trade  or  commerce 
in  goods,  wares,  or  merchandise  exported,  or  in  the  course  of  being 
exported  from  the  United  States  or  any  Territory  thereof  to  any 
foreign  nation ;  but  the  words  "  export  trade  "  shall  not  be  deemed  to 
include  the  production,  manufacture,  or  selling  for  consumption  or 
for  resale,  within  the  United  States  or  any  Territory  thereof,  of 
such  goods,  wares,  or  merchandise,  or  any  act  in  the  course  of  such 
production,  manufacture,  or  selling  for  consumption  or  for  resale. 

Article  XI — Modifications 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  any  order,  approval,  license, 
rule  or  regulation  issued  under  Title  I  of  the  Act.  Any  amend- 
ments,  additions,   revisions   or   supplements   of   this   Supplemental 


449 

Code  authorized  by  the  affirmative  vote  of  66%%  of  the  Employers 
in  this  Subdivision  shall  be  in  full  force  and  ejffect  upon  approval 
by  the  Administrator.  The  eligibility  requirements,  method  and 
effect  of  such  voting  shall  be  the  same  as  provided  by  Article  V, 
Section  (e)  hereof. 

Article  XII — Withdrawal 

Upon  thirty  (30)  days'  notice  to  the  Basic  Code  Authority  and 
to  the  Administrator,  this  Subdivision  may,  upon  the  concurring 
affirmative  vote  of  Employers,  within  the  said  Subdivision  entitled 
to  cast  two-thirds  or  more  of  all  the  votes  that  might  be  cast  by  all 
Employers  within  the  Subdivision  entitled  to  vote  thereon,  withdraw 
from  tiie  jurisdiction  of  the  Basic  Code  Authority.  The  eligibility 
of  voters  shall  be  in  accordance  with  Article  Y,  Section  (b3)  and  the 
method  and  effect  of  such  voting  shall  be  in  accordance  with  the 
provisions  of  Article  Y,  Section  (e)  hereof.  After  and  in  the  event 
such  withdrawal  is  accomplished  this  Supplemental  Code,  together 
with  the  provisions  of  the  Code  shall  become  and  be  the  sole  code 
governing  this  Subdivision,  and  the  Code  Authority  shall  for  this 
Subdivision  become  and  be  the  sole  Code  Authority  and  shall  per- 
form all  the  functions  with  respect  thereto. 

Article  XIII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Supplemental  Code  presented  by  it  is 
not  designed  to  promote  monopoly,  and  shall  not  be  so  construed  or 
applied  as  to  oppress  or  eliminate  small  enterprises  or  discriminate 
against  them,  and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIY — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on  all 
employers  engaged  in  the  Subdivision  on  the  eleventh  day  after 
its  approval. 

Approved  Code  No.  347 — Six{)i)lenient  No.  36. 
Registry  No.  132S-09. 


Approved  Cade  No.  201 — Supplement  No.  17 
SUPPLEMENTARY   CODE   OF   FAIR   COMPETITION 

FOR  THE 

WHOLESALE  HARDWARE  TRADE 

As  Approved  on  July  30,  1934 


ORDER 


Supplementary   Code  of   Fair   Competition  for  the  Wholesale 

Hardware  Trade 

A  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Wliolesale  Hardware  Trade 
to  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade,  and  hearings  having  been  duly  held  thereon  and  the  annexed 
report  on  said  Supplemental  Code,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933.  and  otherwis?;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  thai  said  Supplemental  Code  complies  in 
all  respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that 
said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved ;  subject,  hoAvever,  to  the  condition  that  the  provisions  of 
Article  IV,  Section  6  be  deleted  from  said  Code  and  the  following 
provisions  substituted  therefor: 

"Sec.  6  (a).  Destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  sale  shall  be  deemed  prima  facie 
destructive  price  cutting  if  the  net  sales  price  shall  be  less  than  the 
seller's  net  invoice  cost  plus  transportation  charges  to  seller's 
warehouse. 

"  Notwithstanding  the  j)rovisions  of  this  Section  any  wholesaler 
may  sell  any  article  of  merchandise  at  a  price  as  low  as  the  price 
set  by  any  competitor  on  merchandise  which  is  identical  or  essen- 
tially the  same,  where  such  competitor's  price  does  not  violate  this 

(451) 


452 

Section  or  where  sueli  competitor  is  not  subject  to  the  provisions  of 
this  Supi)leint'nt;il  Code. 

••  Xotwitlistanding  the  provisions  of  this  Section  it  shall  not  be 
deemed  destructive  price  cutting  for  a  wholesaler  to  sell  the  follow- 
ing merchandise  at  less  than  net  invoice  cost  plus  transportation 
charges,  as  provided  above:  obsolete  goods,  bona  fide  closeout  mer- 
chandise, damaged  merchandise,  stocks  being  liquidated,  merchan- 
dise sold  for  cliaritable  purposes  or  to  unemployment  relief  agencies, 
and  such  other  merchandise  as  may  be  designated  by  the  Divisional 
Code  Authority. 

"(b)  If  tlie  Administrator  shall  at  any  time  find  (1)  that  an 
emei'gency  has  arisen  within  the  traile,  adversely  affecting  small 
enterprises  or  wages  or  labor  conditioiis,  or  tending  toward  monopoly 
or  other  acute  conditions  which  tend  to  defeat  the  purposes  of  the 
Act,  and  (2)  that  the  finding  of  a  basis  for  determining  mininuim 
prices  for  all  or  f\ny  specified  products  sold  bj^  the  trade  is  neces- 
sary for  a  limited  jioi-iod  to  correct  the  conditions  constituting  such 
emergency  and  to  effectuate  the  pur])oses  of  the  Act,  the  Code 
Authority  may  cause  an  impartial  agency  to  investigate  costs  and 
to  recommend  to  the  Administrator  a  basis  for  determining  minimum 
prices  of  said  })roducts.  Thereupon  the  Administrator  may  fix  a 
basis  for  determining  the  minimum  price  of  any  of  said  products 
for  a  stated  })eriod.  During  such  period  no  member  of  the  trade 
shall  sell  sucli  products  at  a  net  realized  price  below  the  minimum 
price  determined  in  accordance  with  the  base  so  fixed.  From  time 
to  time  the  Code  Authority  may  recommend  review  or  reconsidera- 
tion or  the  Administrator  may  cause  any  determination  hereunder 
to  be  reviewed  or  reconsidered,  and  appropriate  action  taken." 

Hugh  S.  Johnson, 
Administrator  for  Irulustrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

July  30,1934. 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House 
Sir:  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Wholesale  Hardware  Trade,  a  division 
of  the  Wholesaling  or  Distributing  Trade,  conducted  in  the  Oak 
Room  of  the  Raleigh  Hotel  on  Thursday,  April  19,  1934.  The  Sup- 
j)lemental  Code,  which  is  attached,  was  presented  by  duly  qualified 
and  authorized  representatives  of  the  Trade. 

THE   TRADE 

Due  to  the  overlapping  of  this  Trade  with  other  trades,  com- 
pletely accurate  statistics  are  not  available.  According  to  data 
submitted  by  the  Trade,  in  1933  there  were  approximately  1,249 
concerns  with  aggregate  annual  sales  of  $866,158,332.  The  Trade 
employed  about  41.497  persons  in  1930. 

PROVISIONS    OF    THE    CODE 

This  Code  contains  no  Supplemental  Labor  Provisions,  the  em- 
ployees being  subject  to  the  wage  and  hour  provisions  of  the  Code 
of  Fair  Competition  for  the  Wholesaling  or  Distributing  Trade. 
The  Labor  Advisory  Board  in  its  report  protests  against  the  non- 
inclusion  of  Supplemental  Labor  Provisions. 

In  his  final  report  to  me  the  Deputy  Administrator  points  out 
that  the  overlapping  and  intermeshing  of  competition  exists  in  this 
Trade  to  a  most  unusual  degree  and  for  that  reason  it  is  essential 
that  this  Trade  operate  under  the  Code  of  Fair  Competition  for  the 
Wholesaling  or  Distributing  Trade. 

The  provisions  containing  supplemental  definitions  are  considered 
inclusive  and  accurate. 

The  administrative  provisions  establish  a  Divisional  Code  Author- 
it}^  which  fairly  represents  all  the  different  elements  in  the  Trade. 

The  trade  practices  proposed  are  not  considered  to  be  objectionable. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis  of 
all  the  ])roceedings  in  this  matter: 

I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 

(453) 


454 

and  will  provide  for  the  general  welfare  bj'  promoting  the  organi- 
zation of  industry  for  the  purpose  of  cooperative  action  among  trade 
groups,  b}^  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  governmental  sanctions  and  supervision, 
by  eliminating  unfair  competitive  practices,  by  promoting  the  fullest 
possible  use  of  the  present  productive  capacity  of  industries,  by  "avoid- 
ing undue  restriction  of  production  (except  as  may  be  temporarily 
recjuired),  by  increasing  the  consumption  of  industrial  and  agricul- 
tural products  through  increasing  purchasing  power,  by  reducing 
and  relieving  unemployment,  by  improving  standards  of  labor,  and 
by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  employs  not  more  than  50,000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  T,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of  this 
Supplemental  Code. 

For  these  reasons,  the  Supplemental   Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator. 
July  30,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  WHOLESALE  HARDWARE  TRADE 

A  DIVISION  OF  THE  WHOLESALING  OR  DISTRIBUTING  TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  Wholesale  Hardware  Trade  pursuant  to 
Article  VI,  Section  1  (c)  of  the  Code  of  Fair  Competition  for  the 
Wholesaling  or  Distributing  Trade,  approved  by  the  President  of 
the  United  States  on  January  12,  1934.  All  provisions  of  the  said 
General  Code  which  are  not  in  conflict  with  the  provisions  of  this 
Supplemental  Code  are  hereby  incorporated  by  reference  in  this 
Supplemental  Code  and  made  a  part  hereof.  Such  provisions  of  the 
General  Code  together  with  the  supplementing  provisions  of  this 
Code  are  the  standards  of  fair  competition  for  and  are  binding  upon 
every  member  of  said  Wholesale  Hardware  Trade. 

Article  II — Definitions 

supplementing  article  II  OF  the  general  code 

Section  1.  Wholesaler. — The  term  "  wholesaler  "  as  used  herein 
shall  mean  any  individual,  partnership,  association,  corporation,  or 
other  form  of  enterprise,  or  an  organized  division  thereof  set  up  to 
render  and  rendering  a  general  distribution  service,  which  deals  pri- 
marily in  hardware  and  kindred  lines,  which  buys  and  maintains  at 
his  or  its  place  of  business  an  adequate  stock  of  hardware  and/or 
kindred  lines,  and  which,  through  salesmen,  advertising  and/or  sales 
promotion  devices,  sells  to  retailers  and/or  to  institutional,  com- 
mercial and/or  industrial  users  for  manufacturing,  equipment,  sup- 
ply, and/or  maintenance  purposes  only,  but  which  does  not  sell  in 
significant  amounts  to  ultimate  consumers.  It  is  the  character  of  a 
concern's  selling  rather  than  the  character  of  its  buying  which 
distinguishes  it  as  a  wholesaler. 

Sec.  2.  The  Trade. — The  term  "  Trade  "  as  used  herein,  shall  mean 
the  business  in  which  "  wholesalers  ",  as  above  defined,  are  engaged. 

Sec.  3.  General  code. — The  term  "  General  Code  "  as  used  herein 
shall  mean  the  Code  of  Fair  Competition  for  the  Wholesaling  or 
Distributing  Trade. 

Sec.  4.  Supplemental  code. — The  term  "  Supplemental  Code  " 
as  used  herein  shall  mean  this  Supplemental  Code  of  Fair  Compe- 
tition for  the  Wholesale  Hardware  Trade. 

Sec.  5.  Divisional  code  authority. — The  term  "  Divisional  Code 
Authority  "  for  the  Wholesale  Hardware  Trade,  a  Division  of  the 
Wliolesaling  or  Distributing  Trade. 

80835—34 24  (455)        - 


456 

Si:c.  6.  Consign nient. — The  term  *' consignment  "  as  used  herein 
shall  mean  delivering  or  leaving  merchandise  \vith  a  customer,  the 
title  to  remain  in  the  wholesaler  until  such  time  as  the  retailer  shall 
sell  the  merchandise. 

Sec.  T.  Kindred  lin-es. — The  term  "  kindred  lines '"  as  used  herein 
shall  include  all  such  lines  as  have  heretofore  customarily  been  car- 
ried by  wholesale  hardware  distributors. 

Article  III — Administration 

SUPPLEMENTING    ARTICLE   VI    OF   THE   GENERAL    CODE 

Section  1.  The  Divisional  Code  Authority  shall  be  composed  of 
seventeen  (17)  members,  one  (1)  member  to  represent  each  of  the 
loUowing  ten   (10)   geographical  areas: 

1.  New  England :  ISIaine,  New  Hampshire,  Vermont,  Massachu- 
setts, Connecticut,  Rhode  Island, 

2.  North  Middle  Atlantic :  New  York,  New  Jersey,  Delaware, 
Pennsylvania, 

3.  South  ^Middle  Atlantic :  ^Maryland,  Virginia,  North  Carolina, 
iSoutli  Carolina,  District  of  Columbia,  Georgia, 

4.  Gulf:  Florida,  Alabama.  Louisiana,  Tennessee,  Mississippi, 

5.  SoutliAvestern :  Texas,  Oklahoma,  Arkansas, 

6.  Eastern  Central:  Ohio,  West  Virginia,  Indiana,  Kentucky, 
Michigan  (except  the  Upper  Peninsula), 

7.  Northwestern:  Minnesota,  Montana,  North  Dakota,  Wisconsin 
(North  and  West  of  a  line  drawn  from  Green  Bay  to  La  Crosse), 
the  Upper  Peninsula  of  Michigan, 

8.  West  Central:  Illinois,  Iowa  (East  of  a  line  drawn  directly- 
North  and  South  through  Des  Moines  and  including  Des  Moines), 
Missouri  (East  of  a  line  drawn  directly  North  and  South  through 
Fulton  and  including  Fulton),  AVisconsin  (South  and  East  of  a  line 
drawn  from  La  Crosse  to  Green  Bay), 

9.  Missouri  River :  Missouri  (West  of  a  line  drawn  directly  North 
and  South  through  Fulton  but  not  including  Fulton),  Kansas,  Iowa 
(West  of  a  line  drawn  directly  North  and  South  through  Des  Moines 
but  not  including  Des  Moines) ,  Nebraska,  South  Dakota, 

10.  Rocky  Mountains  and  Pacific  Coast:  Colorado,  Utah,  Arizona, 
California,^  Oregon,  Washington,  Idaho,  Nevada,  New  Mexico, 
Wyoming,  and  seven  (7)  members  at  large. 

Sec.  2.  The  members  of  the  Divisional  Code  Authority  shall  be 
elected  in  the  following  manner: 

(a)  The  Executive  Committee  of  the  National  Wholesale  Hard- 
ware Association  shall  appoint  two  (2)  members  and  the  Execu- 
tive Committee  of  the  Southern  Hardware  Jobbers  Association  shall 
appoint  one  (1)  member  of  an  Electoral  Board  of  three  persons  to 
conduct  the  election. 

(b)  The  Electoral  Board  shall  send  out  nominating  ballots  to  all 
wholesalers  discoverable  by  diligent  search.  Each  of  these  ballots 
shall  contain  spaces  in  which  the  voter  may  write  the  names  of  his 
choices  for  the  member  of  the  Divisional  Code  Authority  and  an 
alternate  member  thereto,  for  his  geographical  area.  To  each  nomi- 
;iating  ballot  shall  be  attached  a  letter  assenting  to  and  promising  to 


457 

comply  with  this  Supplemental  Code  and  the  General  Code. 
Twenty  (20)  days  after  these  ballots  are  sent  out  the  Electoral 
Board  shall  publicly  count  the  votes  which  are  then  in  its  possession. 
Only  those  ballots  which  are  accompanied  by  a  signed  statement  of 
assent  and  compliance  shall  be  counted.  The  person  in  each  area 
receiving  the  highest  number  of  votes  for  the  j^osition  of  member 
of  the  Divisional  Code  Authority  shall  be  declared  to  be  a  candidate  v 
for  that  position  in  that  area.  The  person  receiving  the  highest 
number  of  votes  for  alternate  in  each  area  shall  be  declared  to  be 
the  candidate  for  the  position  of  alternate  in  that  area. 

(c)  The  Executive  Committees  of  the  Natiomil  Wholesale  Hard- 
ware Association  and  the  Southern  Hardware  Jobbers  Association 
shall  nominate  seven  (7)  candidates  at  large  and  seven  (7)  alter- 
nates at  large. 

(d)  The  Electoral  Board  shall  prepare  and  mail  to  all  wholesalers 
'discoverable  by  diligent  search  ballots  containing  the  names  of  all 
the  candidates  and  alternates  nominated  according  to  the  foregoing 
paragraphs.  These  ballots  shall  contain  for  each  position  a  blank 
space  in  which  the  voter  may  write  his  personal  choice.  Wholesalers 
in  all  geographical  areas  shall  vote  for  all  members  of  the  Divisional 
Code  Authority  and  for  all  alternates.  Twenty  (20)  days  after  the 
mailing  of  these  ballots  the  Electoral  Board  shall  publicly  count  the 
votes  which  it  has  received.  Only  those  ballots  shall  be  counted 
which  are  accompanied  by  a  signed  statement  of  assent  and  compli- 
ance or  by  a  statement  that  the  voter  has  previously  submitted  such 
■a  statement  of  assent  and  compliance.  The  candidates  for  member 
of  the  Divisional  Code  Authority  and  for  alternate  receiving  the 
highest  vote  for  each  of  the  geographical  areas  and  the  seven  (7) 
.candidates  at  large  and  the  seven  (7)  alternates  at  large  receiving  the 
highest  vote  shall  be  declared  to  be  elected. 

(e)  The  Electoral  Board  shall  certify  to  the  Administrator  the 
method  in  which  it  has  conducted  the  election  and  the  results  of  the 
same. 

Sec.  3.  The  terms  of  office  of  members  of  the  Divisional  Code 
Authority  and  the  method  of  electing  their  successors  whether  for 
full  new  terms  or  for  unexpired  terms  shall  be  established  in  the 
by-laws  of  the  Divisional  Code  Authority,  subject  to  the  approval  of 
the  Administrator. 

Sec.  4.  The  Divisional  Code  Authority  shall  have  the  following 
duties  and  powers  subject  to  such  rules  and  regulations  as  the  Ad- 
ministrator may  prescribe : 

(a)  To  represent  the  Trade  in  conferring  with  the  President  or  his 
agents  or  the  General  Code  Authority,  with  respect  to  the  Adminis- 
tration of  this  Supplemental  Code  and  the  General  Code  and  in 
respect  to  the  Act  and  any  orders  or  regulations  issued  thereunder. 

(b)  To  study  the  trade  practice  provisions  of  this  Supplemental 
Code  and  the  operations  thereof,  and  make  such  recommendations 
from  time  to  time  to  the  Administrator  as  it  may  deem  desirable  for 
modification  of  or  addition  thereto,  which  upon  the  approval  of  the 
Administrator  or  his  agents  after  such  hearing  as  he  may  prescribe, 
shall  become  a  part  of  this  Supplemental  Code  and  have  full  force 
and  effect  as  provisions  thereof. 


458 

(c)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
■with  the  Trade  Practice  Committees  appointed  under  such  other 
Codes  as  may  be  related  to  the  Trade  except  other  Codes  supple- 
mental to  the  General  Code,  for  the  i)urpose  of  fornudatino-  Fair 
Trade  Practices  to  govern  the  relationships  between  production  and 
distribution  employers  under  this  Supplemental  Code  and  under  such 
other  Codes  to  the  end  that  sucli  Fair  Practices  may  be  proposed  to 
the  Administnitor  as  amendments  to  this  Supplemental  Code  and 
such  other  Codes. 

(d)  To  appoint  such  rcaional  committees  and  agents  as  the  Divi- 
sional Code  Authority  may  establish  to  assist  the  Divisional  Code 
Authority  in  achninistering  this  Supplemental  Code  and  the  Gen- 
eral Code,  provided,  however,  that  nothing  herein  shall  relieve  the 
Divisional  Code  Authority  of  its  responsibilities  as  such. 

(e)  To  organize,  elect  officers,  hire  employees,  and  perform  such 
other  acts  as  may  be  necessary  for  the  proper  administration  of  the 
Supplemental  Code  and  the  General  Code. 

(f)  To  appoint  a  Special  Committee  on  Overlapping  which  shall 
meet  Avith  Trade  Pi'actice  Committees  and/or  Special  Committees 
on  Overlapping  which  may  be  ap[)ointed  by  the  General  Code  Au- 
thority and/or  by  the  Divisional  Code  Authorities  administering 
other  "Supplemental  Wholesaling  and  Distributing  Codes  covering 
kindred  lines  and/or  by  the  Code  Authorities  administering  other 
basic  codes  covering  the  wholesaling  and  distributing  of  kindred 
lines,  for  the  purpose  of  formulating  recommendations  to  be  sub- 
mitted to  the  resjiective  Code  Authorities  and  to  the  Administrator 
for  stich  modifications  of  this  Sui)plemental  Code  and/or  such  other 
Code  or  Codes  as  may  be  necessary  to  eliminate,  insofar  as  possible, 
conflicts  between  the  fair  trade  practice  provisions  of  this  Supple- 
mental Code  and  such  other  Code  or  Codes. 

(g)  To  adopt  bylaws  and  rules  and  regulations  for  its  procedure, 
(h)   To   use  such   trade   associations   and   such   other   agents   or 

agencies  as  it  deems  proper  for  the  carrying  out  of  any  of  its  activi- 
ties provided  for  herein,  provided  that  nothing  herein  shall  relieve 
the  Divisional  Code  Authority  of  its  duties  or  responsibilities  under 
this  Supplemental  Code  or  under  the  General  Code  and  that  such 
trade  associations  and  agencies  shall  at  all  times  be  subject  to  and 
comply  with  the  provisions  hereof. 

(i)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  information  required  to  be  .submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Cofle  Authority  mem- 
bers of  the  Trade  subject  to  this  Supplemental  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act,  to  such 
federal  and  state  agencies  as  he  may  designate ;  provided  that  noth- 
ing in  this  Supplemental  Code  shall  relieve  any  member  of  the 
Trade  of  any  existing  obligations  to  furnish  reports  to  any  gov- 
ernment agency.  No  individual  report  shall  be  disclosed  to  any 
other  member  of  the  Trade  or  any  other  party  except  to  such  other 
governmental  agencies  as  may  be  directed  by  the  Administrator. 

Sec.  5.  Nothing  contained  in  this  Supplemental  Code  shall  consti- 
tute the  members  of  the  Divisional  Code  Authority  partners  for  any 


459 

purpose  nor  shall  an}'  member  of  the  Divisional  Code  Authority, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties,  here- 
under, be  liable  to  anyone  for  any  action  or  omission  to  act,  under 
this  Supplemental  Code  except  for  his  own  wilful  malfeasance  or 
nonfeasance. 

Sec.  6.  If  the  Administrator  shall  determine  that  any  action  of 
the  Divisional  Code  Authority  or  any  agency  thereof,  may  be  unfair 
or  unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  sus])ended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  for  further  consid- 
eration by  such  Divisional  Code  Authority  or  agency,  pending  final 
action,  which  shall  not  be  effective  unless  the  Administrator  approves 
or  unless  he  shall  fail  to  disajjprove  after  thirty  days'  notice  to  him 
of  intention  to  ])roceed  with  such  action  in  its  original  or  modified 
form. 

Sec.  7.  (a)  It  being  found  necessary  in  order  to  support  the  ad- 
ministration of  this  Supplemental  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  hereunder  and  to  effectuate  the 
policy  of  the  Act,  the  Divisional  Code  Authorit}^  is  authorized. 

1.  To  incur  such  reasonable  obligations  as  are  necessary  and  proper 
for  the  foregoing  purpose,  and  to  meet  such  obligations  out  of  funds 
which  may  be  raised  and  hereinafter  provided  and  which  shall  be 
held  in  trust  for  the  purposes  of  this  Supplemental  Code ; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  suppoit  such  budget  shall  be  contributed  by  members  of  the 
Trade ; 

3.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  equitable  contribution 
as  above  set  forth  by  all  members  of  the  Trade,  and  to  that  end,  if 
necessary,  to  institute  legal  proceedings  therefor  in  its  own  name. 

(b)  Each  member  of  the  Trade  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Divisional 
Code  Authority,  determined  as  hereinabove  provided,  and  subject  to 
rules  and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  such  members  of  the  Trade  complying  with  the  Supplemental 
Code  and  contributing  to  the  expenses  of  its  administration  as  here- 
inabove provided  unless  duly  exempted  from  making  such  contribu- 
tion shall  be  entitled  to  participate  in  the  selection  of  members  of 
the  Divisional  Code  Authority  or  to  receive  the  benefits  of  any  of  its 
voluntary  activities  or  to  make  use  of  any  emblem  or  insignia  of  the 
National  Recovery  Administration. 

(c)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator ;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  Avhich  the 
Administrator  shall  have  so  approved. 


460 

Article  IY — Tkade  Practices 

supplemextixg  article  vii  of  the  general  code 

The  followino;  ])ractices  are  hereby  declared  to  be  unfair  methods 
of  coinj)etition  and  are  prohibited : 

Section  1.  To  allow  cash  discounts  greater  than  2  percent  in 
anticipating  the  due  date  of  any  invoice.  This  shall  not  apply  to 
those  lines  where  manufacturers'  terms  provide  for  greater  cash 
discounts  in  anticipating  payment. 

Sec.  2.  To  allow  cash  discount  on  any  note  settlement  or  to  accept 
a  noninterest  bearing  note  in  payment  of  a  matured  obligation. 
Xoninterest  bearing  notes  may  be  accepted  from  insolvent  debtors. 

Sec.  3.  To  ship  any  goods  on  consignment  except  products  of 
manufacturers  Avhose  general  plan  of  distribution  is  by  consignment 
and  not  by  sale  for  resale. 

Sec.  4.  For  a  wholesaler  who.  in  addition  to  his  definitely  organ- 
ized wholesale  division,  operates  a  retail  store  or  division,  to  sell 
like  commodities  in  the  same  quantities  to  retailer  customers  at  a 
higher  figure  than  such  commodities  are  charged  or  billed  to  his 
retail  store  or  division. 

Sec.  5.  The  Divisional  Code  Authority  shall  study  the  subject 
of  terms  of  payment  and  future  datings  in  the  Wholesale  Hardware 
Trade  for  the  purpose  of  reconnnc'uding  uniform  terms  of  l>ay- 
ment  and  datings  for  that  Trade.  When  such  recommendation  shall 
have  been  approved  by  the  Administrator  after  such  hearing  as  he 
may  prescribe,  it  shall  be  an  unfair  trade  practice  for  any  whole- 
saler to  sell  upon  terms  of  payment  or  datings  other  than  those  so 
established. 

Sec.  6.  (a)  No  goods  shall  he  sold  or  offered  for  sale  at  Jess  than 
the  cost  to  the  seller.  Such  cost  shall  he  defined  to  mean  the  actual 
net  irn'oiced  purchase  price  or  market  price.,  ivhiehever  is  loirer, 
plus  transportation  charges  to  seller's  warehouse,  plus  the  actual 
roages  involved  in  the  delivery  of  goods  hij  the  seller  irhen  such 
wages  ai^e  determined  in  accordance  with  an  accounting  formula 
developed  hy  an  impartial  agency  chosen  with  the  advice  of  the 
Administrator  and  published  from  time  to  time  hy  the  Divisional 
Code  Authority  after  approval  hy  the  Administrator. 

{!))  Notwithstanding  the  provisions  of  this  Section.,  any  whole- 
saler may  sell  any  article  of  merchandise  at  a  price  as  low  as  the 
price  set  hy  any  competitor  on  merchandise  ivhich  is  identical  or 
essentially  the  same,  and  where  such  competitors  price  does  not 
violate  this  Section  or  where  such  competitor  is  not  suhject  to  the 
provisions  of  this  Supplemental  Code. 

{c)  Notwithstanding  the  foregoing  provisions  of  this  Section  a, 
wholesaler  may  sell  the  following  merchandise  at  less  than  the  prices 
estahlished  under  the  said  provisions:  ohsolete  goods.^  hona  fide  close- 
out  merchandise^  damaged  merchandise^  stocks  heing  Hquidated^ 
merchandise  sold  for  charitahle  purposes  or  to  unemployment  relief 
agencies.,  and  such  other  merchandise  as  inay  he  designated  hy  the 
Divisional  Code  Authority} 


1  Ttnlieized  section  deleted  and  amended  section   inscrtiHl   in   lieu.      See  i)ariigraph   2  of 
order  approving  this  Code. 


461 

Article  V — Subterfuge 

It  shall  be  an  unfair  trade  practice  for  any  member  of  the  Trade 
to  employ  subterfuge,  directly  or  indirectly,  to  avoid  or  attempt  to 
avoid  the  provisions  of  this  Supplemental  Code  or  of  the  General 
Code  or  the  purposes  and  intent  of  the  National  Industrial  Recovery 
Act,  which  are  among  other  things  to  increase  emplojanent,  provide 
better  wages,  promote  fair  competitive  methods,  better  business 
conditions,  and  promote  the  public  welfare. 

Article  VI — Poaver  or  the  President  to  Modify 

This  Supplemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President  in  accordance  with 
the  provisions  of  the  Subsection  (b)  of  Section  10  of  the  Act,  from 
time  to  time  to  cancel  or  modify  any  order,  approval,  license,  rule 
or  regulation  issued  under  Title  I  of  said  Act. 

Article  VII — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  17. 
Registry  No.  1114-01. 


Approved  Code  No.  84 — Supplement  No.  45 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

HAND  BAG  FRAME  MANUFACTURING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving  Supplementary  Code  of  Fair  Competition  for  the 
Hand  Bag  Frame  Manufacturing  Industi^y 

A  division  of  the  fabricated  metal  products  manufacturing  and 

METAL  FINISHING  AND  METAL  COATING  INDUSTRY 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  and  in  accordance  with  the 
provisions  of  Section  1  of  Article  VI  of  the  Basic  Code  for  the  Fab- 
ricated Metal  Products  Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Industry,  approved  November  2,  1933,  for  approval 
of  a  Supplementary  Code  of  Fair  Competition  for  the  Hand  Bag 
Frame  Manufacturing  Industry,  and  hearing  having  been  duly  held 
thereon;  and  the  annexed  report  on  said  Supplementary  Code,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President  i 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incorporate  by  reference  said  annexed 
report  and  do  find  that  said  Supplementary  Code  complies  in  all 
respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act ;  and  do  hereby  order  that  said 
Supplementary  Code  of  Fair  Competition  be  and  it  is  hereby 
approved. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  A  dnvinistrator. 

Washington,  D.C, 

August  i,  193Ji.. 

(463) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplementary  Code  of  Fair  Com- 
petition for  the  Hand  Bair  Frame  Manufacturing  Industry,  a  Divi- 
sion of  the  Fabricated  ]\Ietal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Industry,  the  hearing  having  been 
conducted  thereon  in  Washington,  D.C.,  April  27,  1934,  in  accord- 
ance with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act. 

GENERAL   STATE JIEXT 

The  Hand  Bag  Frame  Manufacturing  Industry,  being  truly  rep- 
resentative of  this  Division  of  the  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coating  Industry,  has 
elected  to  avail  itself  of  the  oj^tion  of  submitting  a  Supplementary 
Code  of  Fair  Competition,  as  i)rovided  for  in  Section  1  of  Article 
VI  of  the  Basic  Code,  for  the  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  ]Metal  Coating  Industry,  approved 
by  you  on  the  second  day  of  November,  1933. 

RESUME  OF  THE  CODE 

Article  I  states  the  purpose  of  the  Supplementary  Code. 

Article  II  accurately  defines  specific  terms  employed  in  the  Sup- 
plementary Code. 

Article  III :  This  Industry  is  a  Division  of  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  and  the  labor  provisions  of  its  Basic  Code  as  approved 
November  2,  1933,  are  the  labor  provisions  of  this  Supplementary 
Code. 

Article  IV  establishes  a  Supplementary  Code  Authority'  consist- 
ing of  six  (6)  members,  to  be  elected  by  the  members  of  the  Industry 
at  a  meeting  called  by  the  Temporary  Supplementary  Code  Au- 
thority, and  gives  the  Administrator  the  authority  to  appoint  one 
additional  member  without  vote  and  provides  machinery  for  obtain- 
ing statistics  and  the  administration  of  the  Supplementary  Code. 

Article  V  provides  for  the  formulation  of  an  accounting  system 
and  methods  of  cost  finding  and/or  estimating. 

Article  VI  provides  for  the  filing  of  prices  with,  a  confidential 
and  disinterested  agent  of  the  Supplementary  Code  Authority  or, 
if  none,  then  with  such  agent  designated  by  the  Administrator. 
Mechanism  is  also  provided  for  filing  of  price  revisions. 

Article  VII  sets  forth  the  standards  of  fair  competition  for  the 
Industry  with  reference  to  pricing  practices  and  forbids  wilfully 
destructive  price-cutting. 

Article  VIII  sets  forth  the  unfair  trade  practices  of  this  Supple- 
mentary Code  which  have  been  especially  designed  to  offset  unfair 
competition  in  this  Division  of  the  Industry. 

(464) 


465 

Article  IX  provides  for  reo^istration  of  designs. 

Article  X  provides  against  monopolies  or  monopolistic  practices. 

Article  XI  contains  the  mandatory  provisions  contained  in  Sec- 
tion 10  (b)  of  the  Act  and  also  provides  for  submission  of  proposed 
•amendments  to  the  Supplementary  Code. 

Article  XII  recognizes  that  price  increases  be  limited  to  actual 
additional  increases  in  the  seller's  costs. 

Article  XIII  gives  the  effective  date  and  duration  of  this  Supple- 
mentary Code. 

nXDINGS 

Tho  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supplementary  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that: 

(a)  Said  Supplementary  Code  is  well  designed  to  promote  the 
policies  and  purjjoses  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
iind  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temporarily  required),  by  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing  power, 
by  reducing  and  relieving  unemployment,  by  improving  standards 
of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Industry  normally  employs  not  more  than  50,000  em- 
l^loyees ;  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplementary  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
association  is  an  industrial  association  truly  representative  of  the 
aforesaid  Industry ;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Supplementary  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplementary  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discrimi- 
nate against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplementary  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplementary 
Code. 

Respectfully, 

Hugh  S.  Johnson. 

Administrator. 
August  1,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION   FOR 
THE  HAND  BAG  FRA^SIE  MANUFACTURING  INDUSTRY 

A  DIVISION   OF  THE  FABRICATED   METAL   PRODUCTS   MANUFACTURING    AND 
METAL  FINISHING  AND  METAL  COATING  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Code  is  established  as  a  Supplementary  Code  of 
Fair  Competition  for  the  Hand  Ba<r  Frame  Manufacturing  Indus- 
try, pursuant  to  Article  VI  of  tlie  Basic  Code  of  Fair  Competition 
for  the  Fabricated  Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Industry,  approved  by  the  President  on 
the  second  day  of  November,  1933.  and  the  provisions  of  this  Sup- 
plementary Code  shall  be  the  standards  of  fair  competition  of  such 
Industry  and  shall  be  binding  upon  every  member  of  the  Industry. 

Article  II — Definitions 

Section  1.  The  term  "  Hand  Bag  Frame  Manufacturing  Indus- 
try ",  hereinafter  referred  to  as  the  "  Industry  '\  is  defined  to  mean 
the  manufacture  and  assembly  for  sale  of  frames  made  of  metal  to 
be  used  for  ladies',  misses'  and  children's  hand  bags,  men's,  women's 
and  children's  pocketbooks  and  jiurses. 

Section  2.  The  terms  '"  President "',  "Act "  and  "Administrator  '^ 
as  used  herein  shall  mean  respectively  the  President  of  the  United 
States,  Title  I  of  the  National  Industrial  Recovery  Act,  and  the 
Administrator  for  Industrial  Recovery. 

Section  3.  The  term  "  member  of  the  Industry  "  as  used  herein 
includes  but  without  limitation,  any  individual,  partnership,  asso- 
ciation, corporation  or  other  form  of  enterprise  engaged  in  the  In- 
dustry, either  as  an  emploj^er  or  on  his  or  its  own  behalf. 

Section  4.  The  term  "Basic  Code"  as  used  herein  is  defined  to 
mean  the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  as  approved  by  the  President  on  the  second  day  of  No- 
vember,' 1933. 

Section  5.  The  term  "  employee  "  as  used  herein  includes  any  and 
all  persons  engaged  in  the  Industry,  however  compensated,  except 
a  member  of  tlie  Industry. 

Section  6.  The  term  "  employer  "  as  used  herein  includes  anyone 
by  whom  any  such  employee  is  compensated  or  employed. 

Section  7l  The  term  "Supplementary  Code  Authority"  as  used 
herein  means  the  agency  which  is  to  administer  this  Supplementary 
Code  as  hereinafter  provided. 

Section  8.  The  term  "Association  "  as  used  herein  is  defined  to 
mean  the  Hand  Bag  Frame  Manufacturers  Association,  Inc.,  or  its 
successor. 

(466) 


467 

Section  9.  The  term  "  Supplementary  Code  Committee  "  as  used 
herein  is  defined  to  mean  the  Committee  selected  by  the  Hand  Bag 
Frame  Manufacturers  Association,  Inc.  to  present,  make  such 
changes  as  necessary,  and  assent  to  and  sign  this  Supplementary 
Code  on  behalf  of  the  Association. 

Section  10.  The  term  "  Federation  "  as  used  herein  is  defined  to 
mean  the  Fabricated  Metal  Products  Federation,  or  its  successor. 

Section  11.  The  term  "  Confidential  Agent "  as  used  herein  is 
defined  to  mean  the  impartial  agency  designated  by  the  Supple- 
mentary Code  Authority. 

Article  III — Employment  Provisions 

This  Industry  is  a  division  of  the  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal  Coating  Industry 
and  without  limitation  the  wage,  hour  and  labor  provisions  in  Article 
III  of  its  Basic  Code  as  approved  by  the  President,  November  2, 
1933,  including  Section  1  of  said  Article  III,  by  which  the  provisions 
of  sub-sections  (1),  (2)  and  (3)  of  Section  7  (a)  of  Title  I  of  the 
Act  are  made  conditions  of  this  Code,  are  specifically  incorporated 
herein  and  made  a  part  hereof  as  the  wage,  hour  and  labor  provisions 
of  this  Supplementary  Code. 

Article  IV — Organization,  Administration  and  Duties 

Section  1.  During  the  period  not  to  exceed  sixty  (60)  days  follow- 
ing the  effective  date  of  this  Supplementary  Code,  the  Supple- 
mentary Code  Committee  shall  constitute  a  Temporary  Supplemen- 
tary Code  Authority  until  the  Supplementary  Code  Authority  is 
elected. 

There  shall  be  constituted  Avithin  the  sixty  (60)  days  period  a  Sup- 
plementary Code  Authority  consisting  of  six  (6)  members,  to  be 
elected  by  the  members  of  the  Industry,  at  a  meeting  called  by  the 
Temporary  Supplementary  Code  Authority,  upon  ten  (10)  days' 
notice  sent  by  registered  mail  to  all  members  of  the  Industry  whose 
names  maj^  be  ascertained  after  diligent  search,  who  may  vote  either 
in  person  or  by  proxy  or  by  mail.  The  members  of  the  Supple- 
mentary Code  Authority  first  elected  shall  serve  until  the  following 
annual  meeting  of  the  Association  in  Januar};-,  and  thereafter  mem- 
bers of  the  Supplementary  Code  Authority  shall  be  elected  by  the 
members  of  the  Industry  at  a  meeting  of  the  Industry  to  be  held 
at  the  time  and  place  of  each  annual  meeting  of  the  Association  to 
serve  until  the  following  annual  meeting. 

The  members  of  the  Supplementr}^  Code  Authority  shall  be 
elected  in  the  following  manner : 

(a)  Two  (2)  members  who  shall  be  members  of  the  Association 
and  who  are  also  members  of  the  Industry  by  a  majority  of  all  votes 
cast  by  the  members  of  the  Association  voting  in  person  or  by  proxy, 
or  by  mail,  each  member  to  have  one  vote. 

(b)  Three  (3)  members,  wiio  shall  be  members  of  the  Association 
and  who  are  also  members  of  the  Industry,  by  a  fifty-one  percent 
(51%)  of  all  votes  cast  by  the  members  of  the  Association  who  are 
also  members  of  the  Industry,  voting  in  person  or  by  proxy,  or  by 
mail,  each  member  to  have  one  vote  and  one  additional  vote  for  each 


468 

$10,000  annual  sales  of  the  previous  calendar  year  reported  to  the 
Sui)i)leinentary  Code  Authority.  Provided,  however,  that  no  one 
member  nuiy  cast  more  than  twenty-five  percent  (25%)  of  the  total 
number  of  votes  cast. 

(c)  One  (1)  member  who  is  not  a  member  of  the  Association,  who 
is  a  member  of  the  Industry  may  be  elected  by  a  majority  of  all 
votes  cast  by  those  members  of  the  Industry  who  are  not  members 
of  the  Association,  voting  in  person  or  by  proxy  or  by  mail,  each 
member  to  have  one  vote. 

A  vacancy  in  the  membership  of  the  Supplementary  Code  may  be 
filled  by  a  majority  vote  of  the  remaining  members  of  the  Sup- 
plementary Code  Authority.  If  the  vacancy  be  that  of  a  non- 
member  of  the  Association,  it  must  be  filled  by  the  election  of  a 
non-member. 

In  addition  thereto  the  Administrator  may  api)oint  a  member  of 
the  Su[)plementary  Code  Authority  who  shall  be  without  vote  and 
shall  serve  for  such  term  as  he  shall  specify  without  expense  to 
this  Industi'v.  unless  the  Supplementary  Code  Authority  agrees  to 
pay  such  expense.  The  representative  who  may  be  appointed  by  the 
Administrator  shall  be  given  reasonable  notice  of  and  may  sit  at  all 
meetings  of  the  Supplementary  Code  Authority. 

Sfxtion  2.  Each  trade  association  directly  or  indirectly  partici- 
pating in  the  selection  or  activities  of  the  Supplementary  Code  Au- 
thority shall:  (1)  impose  no  inequitable  restrictions  on  membership, 
and  (2)  shall  submit  to  the  Administrator  true  copies  of  its  Articles 
of  Association.  By-Laws.  Regulations,  and  any  amendments  when 
made  thereto,  together  with  sucli  other  information  as  to  member- 
ship, organization,  and  activities  as  the  Administrator  may  deem 
necessary  to  effectuate  the  purposes  of  the  Act. 

Section  3.  In  order  that  the  Supplementary  Code  Authority  shall, 
at  all  times,  be  truly  representative  of  the  Industry  and  in  other 
respects  comply  w'ith  the  provisions  of  the  Act,  the  Administrator 
may  prescribe  such  hearings  as  he  may  deem  proper;  and,  there- 
after, if  he  shall  find  that  the  Supplementary  Code  Authority  is  not 
truh'  representative  or  does  not  in  other  respects  comply  with  the 
])rovisions  of  the  Act.  may  require  the  removal  of  any  or  all  of  the 
members  and  may  make  appropriate  modification  or  modifications 
of  method  of  selection  of  the  Supplementary  Code  Authority. 

Section  4.  E^■el•y  employer  shall  provide  for  the  safety  and  iiealth 
of  emj)loyees  during  the  hours  and  at  the  places  of  their  employment. 
Standards  for  safety  and  health  shall  l)e  submitted  by  the  Supple- 
mentary Code  Authority  to  the  Administi-ator  within  six  months 
after  the  effective  date  of  the  Sni)i:)lementary  Code. 

Section  5.  It  being  found  necessary  in  oi'der  to  sui)i)ort  tlie  ad- 
ministration of  this  Supplementary  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  hereunder  and  to  effectuate  the 
policy  of  the  Act,  the  Supi)lementary  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  i)rovided  and  which 
shall  be  held  in  ti'ust  for  the  purjKjses  of  the  Sui)plementai'y  Code. 

(b)  To  submit  to  the  Administrator  for  his  apjiroval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary : 


469 

(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry. 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  members  of  the  Industry,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

Each  member  of  the  Industry  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Supplementary 
Code  Authority,  determined  as  hereinabove  provided,  and  subject  to 
rules  and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Industry  complying  Avith  the  Su[)[)iementary 
Code  and  contributing  to  the  expenses  of  its  administration  as  here- 
inabove provided,  unless  duly  exempted  from  making  such  contribu- 
tions, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Supplementary  Code  Authority  or  to  receive  the  benefits  of 
any  of  its  voluntary  activities  or  to  make  use  of  any  emblem  or 
insignia  of  the  National  Recovery  Administration. 

The  Supplementary  Code  Authority  shall  neither  incur  nor  pay 
any  obligations  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  items  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Section  6.  Nothing  contained  in  this  Supplementary  Code  shall 
constitute  the  members  of  the  Supplementary  Code  Authority 
partners  for  any  purpose.  Nor  shall  any  member  of  the  Supple- 
mentary Code  Authority  be  liable  in  any  manner  to  anyone  for  any 
act  of  any  other  member,  officer,  agent  or  employee  of  the  Supple- 
mentary Code  Authority,  nor  shall  any  member  of  the  Supplemen- 
tary Code  Authority,  exercising  reasonable  diligence  in  the  conduct 
of  his  duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission 
to  act  under  this  Supplementary  Code,  except  for  his  own  willful 
malfeasance  or  non-feasance. 

Section  7.  The  Supplementary  Code  Authority  shall  also  from 
time  to  time  furnish  to  the  Basic  Code  Authority,  designated  in  said 
Basic  Code,  such  information  as  may  be  required  to  be  furnished 
under  the  terms  of  said  Basic  Code. 

Section  8.  The  Supplementary  Code  Authority  shall  have  all  the 
powers  and  duties  Avhicli  shall  be  necessary  or  proper  to  enable  it  to 
fully  administer  this  Supplementary  Code  and  to  effectuate  its  pur- 
pose. Without  limitation  to  the  foregoing  or  any  other  powers  or 
duties  provided  for  in  this  Supplementary  Code,  the  Supplementary 
Code  Authority  shall  have  the  following  further  powers  and  duties : 

(a)  To  adopt  By-Laws  and  Rules  and  Regulations  for,  and  keep 
records  of,  its  procedure  and  the  administration  of  this  Supplement- 
ar}^  Code. 

(b)  To  obtain  from  members  of  the  Industry  such  information 
and  reports  as  are  required  for  the  administration  of  the  Supple- 
mentary Code,  which  information  and  reports  shall  be  submitted  by 
members  to  such  administrative  and/or  government  agencies  as  the 


470 

Administrator  inay  designate ;  provided  that  nothing  in  this  Supple- 
mentary Code  shall  relieve  any  member  of  the  Industry  of  any  exist- 
ing obligations  to  furnish  reports  to  any  government  agency.  No 
individual  reports  shall  be  disclosed  to  any  other  member  of  the 
Industry  or  any  other  party  except  to  such  governmental  agencies 
as  may  be  directed  by  the  Administrator. 

(c)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Supplementary 
Code  Authority  of  its  duties  or  responsibilities  under  this  Supple- 
mentary Code  and  that  such  trade  associations  and  agencies  shall  at 
all  times  be  subject  to*and  com])ly  witli  the  provisions  hereof. 

(d)  To  make  recommendations  to  the  Administrator  for  the  coor- 
dination of  the  administration  of  this  Supplementary  Code  with 
such  other  codes,  if  any,  as  may  be  related  to  or  affect  the  members 
of  the  Industry. 

(e)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions  to 
govern  members  of  the  Industry  in  their  relations  with  each  other  or 
with  other  Industries;  measures  for  industrial  planning,  and  stabili- 
zation of  employment;  and  including  modifications  of  this  Supple- 
mentary Code  which  shall  become  elFective  as  part  hereof  upon  ap- 
proval by  the  Administrator  after  such  notice  and  hearing  as  he  may 
specify. 

(f)  To  appoint  a  trade  practice  committee  which  shall  meet  with 
the  trade  practice  committees  appointed  under  such  other  codes  as 
may  be  related  to  the  Industry  for  the  purpose  of  fornnilating  fair 
practices  to  govern  the  relationships  between  production  and  distri- 
bution employers  under  this  Supplementary  Code,  and  under  such 
others  to  the  end  that  such  fair  trade  practices  may  be  proposed  to 
the  Administrator  as  amendments  to  this  Supplementary  Code  and 
such  other  codes. 

(g)  To  consider  the  subjects  of  contracts  in  existence  on  the  effect- 
ive date  of  this  Supplementary  Code,  and  make  recommendations  to 
members  of  this  Industry  and  the  Administrator  as  to  the  disposi- 
tion of  such  contracts. 

Section  9.  If  the  Administrator  believes  that  any  action  of  the 
Supplementary  Code  Authority  or  any  agency  thereof  is  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action.  Further  action  by  such 
Supplementary  Code  Authority  or  agency  regarding  the  matter  com- 
plained of  may  be  taken  if  approved  by  the  Administrator,  but  shall 
not  be  taken  if  disapproved  by  tlie  Administrator  within  thirty  (30) 
days  of  notice  to  him  of  intention  to  proceed  with  such  action. 

Section  10.  To  the  extent  permitted  by  the  Act  and  subject  to  such 
rules  and  regulations  as  the  Administrator  may  prescribe,  any  or 
all  information  furnished  to  the  Supplementary  Code  Authority  by 
any  member  of  this  Industry'  pursiumt  to  the  provisions  of  this  Sup- 
plementary Code  shall  be  subject  to  verification  by  an  impartial 
agency  agreed  upon  by  the  Supplementary  Code  Authority  and  the 
member  of  the  Industry  in  question,  and,  failing  such  agreement  such 
impartial  agency  shall  be  selected  by  the  Administrator,  which  im- 


471 

partial  agenc}'  ma}^  check  so  much  of  the  pertinent  books,  accounts 
and  records  of  such  members  of  the  Industry  as  may  be  required  to 
verify  the  accuracy  of  the  information  so  furnished. 

Article  V — Cost  Finding  and  Accounting 

The  Supplementary  Code  Authority  shall  cause  to  be  formulated 
methods  of  cost  hndino-  and  accountinfr  capable  of  use  by  all  mem- 
bers of  the  Industry,  and  shall  submit  such  methods  to  the  Adminis- 
trator for  review.  If  approved  by  the  Administrator,  full  informa- 
tion concerning  such  methods  shall  be  made  available  to  all  members 
of  the  Industry.  Thereafter,  each  member  of  the  Industry  shall 
utilize  such  methods  to  the  extent  found  practicable.  Nothing;  herein 
contained  shall  be  construed  to  permit  the  Supplementary  Code 
Authority,  any  agent  thereof,  or  any  member  of  the  Industry  to 
suggest  uniform  additions,  percentages  or  differentials  or  other  uni- 
form items  of  cost  which  are  designed  to  bring  about  arbitrary 
uniformity  of  co.sts  or  prices. 

Article  VI — Open  Price  Filing 

Section  1.  Each  memlier  of  the  Industry  shall  file  with  a  confi- 
dential and  disinterested  agent  of  the  Supplementary  Code  Author- 
ity or.  if  none,  then  with  such  an  agent  designated  by  the  Adminis- 
trator, identified  lists  of  all  his  prices,  discounts,  rebates,  allowances, 
and  all  other  terms  or  conditions  of  sale,  hereinafter  in  this  Article 
referred  to  as  ''  price  terms  '',  wdiich  lists  shall  completely  and  ac- 
curately conform  to  and  represent  the  individual  pricing  practices 
of  said  member.  Such  lists  shall  contain  the  price  terms  for  all  such 
standard  products  of  the  Industry  as  are  sold  or  offered  for  sale  by 
said  member  of  the  Industry  and  for  such  non-standard  products 
of  said  member  of  the  Industry  as  shall  be  designated  by  the  Sup- 
plementary Code  Authority.  Said  price  terms  shall  in  the  first  in- 
stance be  filed  wdthin  ten  (10)  days  after  the  date  of  approval  of  this 
Supplementary  Code.  Price  terms  and  revised  price  terms  shall  be- 
come effective  immediately  upon  receipt  thereof  by  said  agent.  Im- 
mediately upon  receipt  thereof,  said  agent  shall  by  telegraph  or 
other  equally  prompt  means  notify  said  member  of  the  Industry  of 
the  time  of  such  receipt.  Such  lists  and  revisions,  together  w^ith  the 
effective  time  thereof,  shall  upon  receipt  be  immediately  and  simul- 
taneously distributed  to  all  members  of  the  Industry  and  to  all  of 
their  customers  who  have  applied  therefor  and  liave  offered  to  de- 
fray the  cost  actually  incurred  by  the  Supplementary  Code  Author- 
ity in  the  preparation  and  distribution  thereof  and  be  available  for 
inspection  by  any  of  their  customers  at  the  office  of  said  agent.  Said 
lists  or  revisions  or  any  part  thereof  shall  not  be  made  available  to 
any  person  until  released  to  all  members  of  the  Industry  and  their 
customers,  as  aforesaid;  provided,  that  price  filed  in  the  first  instance 
shall  not  be  released  until  the  expiration  of  the  aforesaid  ten  (10) 
clays  period  after  the  approval  of  this  Supplementary  Code.  The 
Supplementary  Code  Authority  shall  maintain  a  permanent  file  of 
all  price  terms  filed  as  herein  provided,  and  shall  not  destroy  an 
part  of  such  records  except  upon  written  consent  of  the  Adminis- 

808:!.5 — ?,4 25 


472 

trator.  Upon  request  tlie  Supplementary  Code  Authority  shall  fur- 
nish to  the  Administrator  or  any  duly  designated  agent  of  the  Ad- 
ministrator copies  of  any  such  lists  or  revisions  of  price  terms. 

Sectiox  2.  When  any  member  of  the  Industry  has  filed  any  re- 
vision such  member  of  the  Industry  shall  not  file  a  higher  price 
within  forty-eight  (48)  hours. 

Section  '3.  No  member  of  the  Industry  shall  sell  or  offer  to  sell 
any  products/services  of  the  Industry,  for  which  price  terms  have 
been  filed  pursuant  to  the  provisions  of  this  Article,  except  in 
accordance  with  such  price  terms. 

Section  4.  Each  member  of  this  Industry  shall  furnish  the  said 
Agent  for  distribution  with  such  number  of  copies  of  his  price  list 
as  the  Supplementary  Code  Authorit}^  may  prescribe. 

Section  5.  Xo  member  of  the  Industry  shall  enter  into  any  agree- 
ment, understanding,  combination  or  conspiracy  to  fix  or  nuiintain 
price  terms,  nor  cause  or  attemi)t  to  cause  any  member  of  the  Indus- 
try to  change  his  price  terms  by  the  use  of  intimidation,  C(>ercion, 
or  any  other  influence  inconsistent  with  the  maintenance  of  the  free 
and  open  market  which  it  is  the  purpose  of  this  Article  to  create. 

Article  VII — Costs  and  Price  Cutting 

SEcmoN  1.  The  standards  of  fair  competition  for  the  Industry 
with  reference  to  pricing  practices  are  declared  to  be  as  follows : 

(a)  Wilfully  destructive  price  cutting  is  an  unfair  method  of  com- 
petition and  is  forbidden.  Any  member  of  the  Industry  or  of  any 
other  Industry  or  the  customers  of  either  may  at  any  time  complain 
to  the  Supplementary  Code  Authority  that  any  filed  price  consti- 
tutes unfair  competition  as  destructive  price  cutting,  imperiling 
small  enterprises  or  tending  toward  monopoly  or  the  impairment 
of  code  wages  and  working  conditions.  The  Supplementary  Code 
Authority  shall  within  five  (5)  days  afford  an  opportunity  to  the 
member  filing  the  price  to  answer  such  complaint  and  shall  within 
fourteen  (14)  days  make  a  ruling  or  adjustment  thereon.  If  such 
ruling  is  not  concurred  in  by  either  party  to  the  complaint,  all  papers 
shall  be  referred  to  the  Research  and  Planning  Division  of  NRA 
which  shall  render  a  report  and  recommendation  thereon  to  the 
Administrator. 

(b)  When  no  declared  emergency  exists  as  to  any  given  products, 
there  is  to  be  no  fixed  minimum  basis  for  prices.  It  is  intended  that 
sound  cost  estimating  methods  should  be  used  and  that  consideration 
should  be  given  to  costs  in  the  determination  of  pricing  ])olicies. 

(c)  When  an  emergency  exists  as  to  any  given  products,  sale  below 
the  stated  minimum  price  of  such  product,  in  violation  of  Section  2 
hereof,  is  forbidden. 

Section  2.  Emergency  Provisions. —  (a)  If  the  Administrator, 
after  investigation  shall  at  any  time  find  both  (1)  that  an  emergency 
has  arisen  within  the  Industry  adversely  affecting  small  enterprises 
or  wages  or  labor  conditions,  or  tending  toward  monopoly  or  other 
acute  conditions  which  tend  to  defeat  the  purposes  of  the  Act;  and 
(2)  that  the  determination  of  the  stated  minimum  price  for  a  speci- 
fied product  within  the  Industry  for  a  limited  period  is  necessary  ta 


473 

mitigate  the  conditions  constituting  such  emergency  and  to  effectuate 
the  purposes  of  the  Act,  the  Supplementary  Code  Authority  may 
caiLse  an  impartial  agency  to  investigate  costs  and  to  recommend  to 
the  Atbninistrator  a  determination  of  the  stated  minimum  price  of 
the  product  affected  by  the  emergency  and  thereupon  the  Adminis- 
trator may  proceed  to  determine  such  stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of 
such  emergency  and  to  effectuate  the  purposes  of  the  National  Indus- 
trial Eecovery  Act,  he  shall  publish  such  price.  Thereafter,  during 
such  stated  period,  no  member  of  the  Industry  shall  sell  such  specified 
products  at  a  net  realized  price  below  said  stated  minimum  price 
and  any  such  sale  shall  be  deemed  destructive  price  cutting.  From 
time  to  time,  the  Supplementary  Code  Authority  may  recommend 
review  or  reconsideration  or  the  Administrator  may  cause  any  deter- 
minations hereunder  to  be  reviewed  or  reconsidered  and  appropriate 
action  taken. 

Article  VIII — Unfair  Trade  Practices 

In  addition  to  the  Unfair  Trade  Practices  covered  by  Article  V 
of  the  Basic  Code,  except  Sections  A,  B,  E,  F  and  G  thereof,  as 
though  herein  repeated  and  set  forth  at  length  and  for  all  purposes 
of  this  Suj^plementary  Code  the  following  described  acts  shall  con- 
stitute unfair  practices.  Any  member  of  the  Industry  who  shall 
directly  or  indirectly  through  any  officer,  employee,  agent  or  repre- 
sentative use  or  employ  any  of  such  unfair  trade  practices  shall  be 
guilty  of  a  violation  of  this  Supplementary  Code. 

EuLE  1.  Xo  member  of  the  Industry  shall  publish  advertising 
(whether  printed,  radio,  display  or  of  any  other  nature)  which  is 
misleading  or  inaccurate  in  any  material  particular,  nor  shall  any 
member  in  any  way  misrepresent  any  goods  (including  but  without 
limitation  its  use,  trademark,  grade  quality,  quantity,  origin,  size, 
substance,  character,  nature,  finish,  material,  content  or  preparation) 
or  credit  terms,  values,  policies,  services,  or  the  nature  or  form  of 
the  business  conducted. 

Rule  2.  Xo  member  of  the  Industry  shall  use  advertising  or 
selling  methods  or  credit  terms  which  tend  to  deceive  or  mislead  the 
customers  or  prospective  customers. 

Rule  3.  No  member  of  the  Inclustr}^  shall  knowingly  withhold 
from  or  insert  in  any  quotation  or  invoice  any  statement  that  makes 
it  inaccurate  in  any  material  particular. 

Rule  4.  No  member  of  the  Industry  shall  brand  or  mark  or  pack 
any  goods  in  any  manner  which  is  intended  to  or  does  deceive  or 
mislead  purchasers  with  respect  to  the  brand,  grade,  quality, 
quantity,  origin,  size,  substance,  character,  nature,  finish,  material, 
content  or  preparation  of  such  goods. 

Rule  5.  No  member  of  the  Industry  shall  publish  or  circulate 
unjustified  or  unwarranted  threats  of  legal  proceedings  which  tend 
to  or  have  the  effect  of  harassing  competitors  or  intimidating  their 
customers. 


474 

KrLE  6.  No  member  of  the  Iiuliu^trv  shall  secretly  offer  or  make 
any  payment  or  allowance  of  a  rebate,  refund,  commission,  credit, 
unearned  discount  or  excess  allowance,  whether  in  the  form  of 
money  or  otherwise,  nor  shall  a  meml)er  of  the  Industry  secretly 
offer  or  extend  to  any  customer  any  special  service  or  privile<>-e  not 
extended  to  all  customers  of  the  same  class,  for  the  puri)ose  of  in- 
fhienciuir  a  >ale. 

livi.Y.  7.  No  member  of  the  huhistry  shall  ship  gooils  on  consign- 
ment except  under  methods  to  be  defined  by  the  Supplementary  Code 
Authority,  such  methods  to  be  approved  by  the  Administrator  where 
peculiar  circumstances  of  the  Industry  require  the  practice. 

Ri'LE  8.  Xo  member  of  the  Industry  shall  wilfully  induce  or 
attenii)t  to  induce  the  breach  of  existing  contracts  between  competi- 
tor,s  and  their  customers  by  any  false  or  deceptive  means,  or  inter- 
fere with  or  obstruct  the  performance  of  any  such  contractual  duties 
or  services  by  anj'  such  means,  with  the  ])urpose  and  effect  of  ham- 
pering, injuring  or  embarrassing  comj^etitors  in  their  business. 

KuLE  9.  Tlie  maximum  credit  terms  of  sale  for  this  Industry  shall 
be  two  percent  (2%)  fifteen  (15)  E.O.M.  Shipments  made  on  or 
after  the  twenty-fifth  (25th)  of  the  month  may  be  charged  as  of 
the  following  month.  A  discount  of  three  percent  i^%)  may  be 
allowed  for  payments  made  on  a  C.O.D.  or  R.O.G.  basis.  Antici- 
pation may  be  allowed  at  the  rate  of  six  percent  (6%)  ])er  annum. 

Rui.E  10.  No  member  of  the  Industry  shall  acce})t  for  credit  the 
cancellation  or  return  of  merchandise  shipped  in  full  conformity  to 
the  terms  and  conditions  of  the  contract  pursuant  to  wliich  it  was 
sold,  except  for  defects  in  material  or  workmanshiii. 

Rule  11.  No  member  of  the  Industry  shall  give,  permit  to  be 
given,  or  directh'  offer  to  give,  anything  of  value  for  the  purpose  of 
influencing  or  rewarding  the  action  of  any  employee,  agent  or  repre- 
sentative of  another  in  relation  to  the  business  of  the  employer  of 
such  enij^loyee,  the  ])rincipal  of  sucli  agent  or  the  re]n-esented  l)ai"ty 
without  the  knowledge  of  such  em[)loyer,  prin.cipal  or  party.  This 
provision  shall  not  be  construed  to  prohibit  free  and  general  distri- 
bution of  articles  commonly  used  for  advertising  except  so  far  as 
.such  articles  are  actually  used  for  commercial  bribery  as  licreinabove 
defined. 

Article  IX — Registration  of  Designs 

Seciiox  1.  Design  piracy  is  hereby  dechired  to  b?  an  unftiir 
method  of  com])etition.  The  term  "design  "  as  used  herein,  signifies 
designs  artistic  or  ornamental  and  not  functional  or  meclianical. 
No  member  of  the  Industry  shall  imitate  or  copy,  or  cause  to  be  imi- 
tated or  copied,  any  design  original  in  its  application  to  any  product 
of  the  Industry,  without  the  consent  of  the  owner  thereof,  if : 

(a)  A  drawing,  photograph  or  model  of  said  design  has  been  regis- 
tered with  a  disinterested  and  im})ai'tial  agency  to  be  designated  ))v 
the  Supplementary  Code  Authority  with  the  approval  of  the  Admin- 
istrat<^)r.  In  registering  such  design,  the  registrant  shall  indicate 
clearly  the  ]:)articular  or  particulars  in  which  such  design  is  original 
in  its  application  to  any  product  of  the  Industry,  shall,  in  addition, 
submit  a  sworn  statement  in  which  he  certifies  that,  to  the  best  of  his 
knowledge  and  belief,  .such  design  is  in  fact  original  as  aforesaid,  and 


475 

shall  specify  the  date  of  conception  of  such  design.  Such  disinter- 
ested and  impartial  agency  shall  accept  any  design  submitted  for 
registration  as  aforesaid,  and  shall  issue  a  certificate  of  registration 
to  the  registrant. 

(b)  Said  design  or  said  article  to  which  said  design  is  applied 
or  in  which  said  design  is  embodied  bears  the  mark  "  Registered 
design  "  or  "  Reg.  Code  Number  ",  and  the  date  of  registration. 

Provided,  that  the  prohibition  herein  against  piracy  of  any  design 
shall  expire  six  (6)  months  from  the  dat€  of  registration  thereof. 

Section  2.  A  committee  consisting  of  three  (3)  members  agreed 
upon  by  the  Supplementary  Code  Authority  and  the  parties  in  in- 
terest shall  be  set  up  to  conciliate  differences  occasioned  by  conflicts 
in  design  on  priority  of  rights  under  registered  designs.  Failing 
such  agreement,  the  controversy  may  be  submitted  to  arbitration  in 
accordance  with  the  Rules  of  the  American  Arbitration  Associa- 
tion at  the  option  of  the  parties  to  the  controversy  or  either  of  them, 
or  by  direction  of  the  committee.  After  all  possible  effort  has 
been  exerted  to  amicably  settle  such  differences,  the  committee  shall 
submit  to  the  Administration  in  writing  a  statement  setting  forth 
the  facts  pertaining  thereto,  with  recommendations  as  to  the  desired 
action  to  settle  such  differences. 

Section  3.  Nothing  contained  in  this  Article  IX  shall  be  con- 
strued to  limit  the  protection  afforded  to  designers  or  manufacturers 
in  respect  of  designs  under  existing  law. 

Article  X — Monopolies 

No  provision  of  this  Supplementary  Code  shall  be  so  applied  as 
to  permit  monopolies  or  monopolistic  practices,  or  to  eliminate, 
oppress  or  discriminate  against  small  enterprises. 

Article  XI — Modifications 

Section  1.  As  provided  by  Section  10 (b)  of  the  Act.  the  Presi- 
dent may  from  time  to  time  cancel  or  modify  any  order,  approval, 
license,  rule,  or  regulation  issued  under  Title  I  of  the  Act. 

Section  2.  This  Supplementary  Code,  except  as  to  provisions  re- 
quired by  the  Act,  may  be  modified  or  amended  on  the  basis  of 
experience  or  changes  in  circumstances,  such  modifications  or  amend- 
ments to  be  based  upon  application  by  the  Supplementary  Code 
Authority  or  other  representative  group  within  the  Industry  to  the 
Administrator  and  such  Notice  and  Hearing  as  he  shall  specify  and 
to  become  effective  and  be  a  part  of  this  Supplementary  Code  on 
approval  by  the  Administrator. 

Article  XII — Price  Increases 

Whereas  the  policy  of  the  Act  to  increase  real  jiui'chasing  power 
will  be  made  more  difficult  of  consummation  if  prices  of  goods  and 
services  increase  as  rapidly  as  wages,  it  is  recognized  that  price 
increases  except  such  as  may  be  required  to  meet  individual  costs 
should  be  delayed,  and  when  made,  such  increases  should,  so  far  as 
possible,  be  limited  to  actual  additional  increases  in  the  seller's  costs. 


476 

Article  XIII — Effecti\-e  Date  and  Duration 

This  Supplementary  Code  shall  become  elffective  at  12:01  o'clock 
A.M.,  Eastern  Standard  Time,  on  the  tenth  day  after  it  is  approved 
by  the  President  and  shall  continue  in  effect  until  June  16,  1935,  or 
the  earliest  date  prior  thereto  on  which  the  President  shall,  by 
proclamation,  or  the  Congress  shall,  by  joint  resolution,  declare 
that  the  emergency  recognized  by  Section  I  of  Title  I  of  the  Na- 
tional Industrial  Recovery  Act,  has  ended. 

Approved  Code  No.  84 — Supplement  No.  45. 
Jlegistry  No.  1122-1-04. 


I 


Approved  Code  No.  347 — Supplement  No.  37 
SUPPLEMENTARY   CODE   OF   FAIR   COMPETITION 

FOR   THE 

CONCRETE  MIXER  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Appro%ing  Supplementary  Code  of  Fair  Competition  for  the  Con- 
crete Mixer  Industry 

A  DI^^SION  of  the  machinery  and  allied  products  industry 

An  application  havino;  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16.  1933.  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Concrete  Mixer  Subdivi- 
sion of  Machinery  and  Allied  Products  Industry,  and  a  hearing 
having  been  duly  held  thereon  and  the  annexed  report  on  said  Sup- 
plemental Code,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authoritj^  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise ;  do  hereby  incor])orate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  Code  complies  in 
all  respects  with  the  pertinent  provisions  and  will  promote  the  pol- 
icy and  purpose  of  said  Title  of  said  Act ;  and  do  hereby  order  that 
said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved,  subject  to  the  following  conditions : 

(1)  That  the  provisions  of  Article  VIII,  Sections  (a)  and  (b), 
insofar  as  they  prescribe  a  waiting  period  between  the  filing  with 
the  Code  Authority  (or  such  agency  as  may  be  designated  in  the 
Supplemental  Code)  and  the  effective  date  of  price  lists,  as  orig- 
inally filed  and/or  revised  price  lists  or  revised  terms  and  conditions 
of  sale,  be  and  they  hereby  are  stayed  pending  my  further  order; 
and 

(2)  That  the  provisions  of  Article  IX,  Sections  8,  11-A  and  12 
be  and  they  hereby  are  stayed  pending  my  further  order. 

Hugh  S.  Johnson, 
Adtninistrator  for  IndMstHcd  Recovei'y. 

Approval  recommended: 
Barton  W.  Murray, 

Division  AdTninistrator. 


Washington,  D.C, 

August  7, 193 J,,. 


(477) 


REPORT   TO   THE   PRESIDENT 

The  President, 

The  White  House. 
Sir:  This  is  a  report  on  the  Supplenieiital  Code  of  Fair  Competi- 
tion for  tlie  Concrete  Mixer  Subdivision  of  Machinei'v  and  Allied 
Products  Industry,  a  public  hearing  on  which  was  held  in  Washing- 
ton, D.C..  on  December  21,  1938.  The  hearing  was  conducted  in 
full  accordance  with  the  provisions  of  Title  I  of  the  National  Indus- 
trial Recovery  Act. 

GENERAL     STATEMENT 

The  Concrete  Mixer  Subdivision,  being  truly  representative  of  the 
manufacturers  of  the  products  defined  in  Article  II  of  the  Supple- 
mental Code,  has  elected  to  formulate  and  submit  a  Sup})lemental 
Code  of  Fair  Competition  as  provided  in  the  second  paragraph  of 
Article  I  of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  approved  bv  you  on  the  seventeenth  dav  of 
March,  1934. 

This  Subdivision  includes  the  manufacture  for  sale  of  concrete 
mixers  of  the  building  mixer,  paving  mixer,  truck  mixer  and  agitator 
type,  and  parts  thereof. 

ECONOMIC    EFFECT 

The  Annual  sales  of  this  Subdivision  for  the  years  1928  to  1933 
were  as  follows:  1928,  $11,968,000;  1929,  $11,686,000;  1930,  $8,583,000; 
1931,  $6,043,000;  1932,  $2,345,000. 

Annual  sales  in  this  Subdivision  declined  steadily  from  $11,686,- 
000  in  1929  to  a  minimum  of  $2,345,000  in  1932,  or  80  per  cent.  Esti- 
mated sales  for  the  first  seven  months  in  1933  were  placed  at  $741,000, 
and  on  this  basis  are  not  likely  to  equal  the  1932  level. 

As  of  June  15,  1929,  the  Subdivision  emj^loyed  1,697  persons  in- 
cluding office  employees;  as  of  October  15,  1933;  total  employment 
had  declined  to  337  persons,  or  80  per  cent  below  the  previous  period. 

Factory  employment,  as  of  June  15,  1929,  declined  from  1,404  to 
266  workers  as  of  June  15.  1933,  or  81  per  cent.  Thereafter  employ- 
ment increased  again  to  approximately  273  workers,  or  3  per  cent 
as  of  October  15,  1933,  the  latest  date  for  which  figures  are  available. 

Since  1929,  man-hours  decreased  from  67,673  to  6,727,  or  90  per 
cent.  The  latest  available  figure  on  factory  employment  for  the 
fourth  quarter  in  1933,  is  273  workers  and  assuming  that  the  Depart- 
ment of  Labor  figures  are  representative  of  the  hours  worked  in  this 
Subdivision,  total  estimated  man-hours  have  increased  36  per  cent 
since  October  15,  1933.  Based  on  man-hour  requirements  as  of  the 
latest  date  reported,  the  40-hour  week  provision  in  tlie  Code  will 
cause  little  fuitlier  employment  in  this  Subdivision  in  1934  until 
production  increases.  If  it  is  assumed  that  20,000  man-hours  are 
representative  of  the  volume  of  increased  production  activity  and  a 
reasonable  measure  of  man-hour  requirements  in  a  more  normal 
period,  the  adoption  of  the  40-hour  week  would  require  a  force  of 

(478) 


479 

approximately  500  factory  emplovees,  or  35.6  per  cent  of  the  June 
15,  1929  level. 

The  probability  that  all  employees  in  this  Subdivision  will  be 
workinw  to  the  limit  of  the  maximum  40-hour  provision  is  remote ; 
consequently,  the  average  work  week  is  likely  to  be  shorter,  say  36 
assumed  effective  hours,  and  employment  correspondingly  greater; 
viz.,  556  workers  will  be  required  to  produce  the  20,000  man-hour 
volume. 

The  minimum  wage  provisions  for  the  Subdivisions  which  are 
operating  under  the  Code  of  the  Machinery  and  Allied  Products 
Industry,  are  based  on  a  flat  minimum  hourly  rate  of  32  cents  per 
hour  for  the  South  and  the  following  city  population  differentials 
for  all  other  sections  of  the  United  States :  Over  50,000  population, 
40  cents  per  hour;  10,000  to  50,000  population,  38  cents  per  hour; 
10,000  i)opulation  and  under,  36  cents  per  hour. 

In  addition  to  the  minimum  wage  rates  shown  above,  the  Code 
provides  that  women  engaged  in  substantially  the  same  work  as  men, 
shall  receive  the  same  rate  of  pay  as  such  men  employees;  that  the 
minimum  wage  for  women  employees  engaged  in  plant  operation 
shall  be  not  less  than  87.5  j^er  cent  of  the  proper  rate  for  the  locality 
in  Avhich  employed  as  specified;  and  that  the  minimum  in  the  South 
shall  be  not  less  than  32  cents  per  hour. 

Estimated  number  of  factory  irorkers  receiving  less  than  designated  hourly  rates 


Proposed  minimum  hourly  rates 


Distribution  of  factory 
workers  receiving  less 
than  the  minimum  re- 
gardless of  location 


40  cents  (other  U.S.) 
38  cents  (other  U.S.) 
36  cents  (other  U.S.) 
32  cents  (South) 


Approximate 
percent 


19.9 
15.8 
11.6 
4.6 


Approximate 
number 


Based  on  the  distribution  as  of  June  15,  1933  and  on  the  specified 
percentages  of  the  number  of  factory  workers  receiving  less  than 
the  designated  rates  shown  in  the  above  table,  the  adoption  of  the 
proposed  minimum  rates  will  probably  cause  an  increase  in  factory 
payrolls.  The  estimated  increase  as  of  June  15,  1933,  regardless  of 
location  of  the  workers,  will  probably,  under  the  most  favorable 
conditions,  not  exceed  about  2  per  cent  assuming  only  upward 
adjustment  in  the  brackets  below  the  40-cent  minimum  and  no 
change  in  man-hour  requirements. 

RESUME  or  SUPPLEMENTAL  CODE 


Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  applicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code, 

Article  III  provides  for  the  adoption  of  the  employment  pro- 
visions of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry. 


480 

Article  IV  provides  for  the  adoption  of  Articles  II.  VI,  VIII, 
and  IX  of  the  Code  of  Fair  Competition  for  the  ^Machinery  and 
Allied  Products  Industry. 

Article  V  provides  for  the  establishment  of  a  Code  Authority  and 
defines  its  powers  and  duties. 

Article  VI  provides  for  an  accounting  system  and  methods  of  cost 
rindin<ji:  and/or  estimating. 

Article  VII  provides  that  no  products  of  the  Subdivision  shall  be 
sold  or  offered  for  sale  below  a  reasonable  cost  when  the  Code  Author- 
ity determines  that  an  emergency'  exists  within  the  Subdivision. 

Article  VIII  provides  for  methods  of  setting  up,  revising  and  filing 
price  lists  and  discount  sheets  and  terms  of  sale  and  payment. 

Article  IX  sets  forth  trade  practices  for  the  Subdivision. 

Article  X  states  that  no  provision  of  this  Supplemental  Code 
relating  to  pricing  and  marketing  sliall  apply  to  export  sales. 

Article  XI  provides  that  this  Supplemental  Code  and  all  the  pro- 
visions thereof  are  expressly  made  subject  to  the  right  of  the  Presi- 
dent, in  accordance  with  Subsection  (b)  of  Section  10  of  the  Act, 
from  time  to  time  to  cancel  or  modify  any  order,  approval,  license, 
rule  or  regulation  issued  under  said  Act.  Provision  is  also  made 
that  modifications  may  be  submitted  by  the  Code  Authority  to  the 
Administrator  for  approval. 

Article  XII.  No  provision  of  this  Supplemental  Code  shall  be  so 
applied  as  to  permit  monopolies,  or  monopolistic  practices,  or  to 
eliminate,  oppress,  or  discriminate  against  small  enterprises. 

Article  XIII  states  the  effective  date  of  this  Supplemental  Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me 
on  said  Supplemental  Code  having  found  as  herein  set  forth  and 
on  the  basis  of  all  the  proceedings  in  this  matter : 
I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organi- 
zation of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Sulxlivision  normally  employs  not  more  than  50.000 
employees;  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection   (a)  of  Section  3,  Subsection   (a)  of 


481 

Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  industrial  association  truly  representative 
of  the  aforesaid  Subdivision;  and  that  said  association  imposes  no 
inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices, 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplemental  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code,  provided  that  certain  provisions  relating  to  price  publication 
are  stayed  as  stated  in  the  Order. 
Respectfully, 

Hugh  S.  Johnson, 

Adm,inistrator. 
August  1.  1934. 


SUPPLEMEXTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  CONCRETE  MIXER  INDUSTRY 

A    DIVISIOX    OF   THE    MACHINEKY   AND   ALLIED    PRODUCTS    INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  ot  Title  I  of  the  National  Iiuliistrial  Re- 
covery Act.  the  following  })rovisi()ns  are  established  as  a  Sui)ple- 
mental  Code  of  Fair  Coini)etition  for  the  Concrete  Mixer  Subdi- 
vision of  the  MachineiT  and  Allied  Products  Industry,  and  toi^etlier 
with  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry,  to  which  it  is  a  Supi)lement,  shall  be  the  stand- 
ard of  fair  competition  for  this  Subdivision,  and  shall  be  binding 
on  each  employer  therein. 

Article  II — Definitions 

'"'' Applicant "  means  the  Concrete  Mixer  Manufacturers  Insti- 
tute, all  members  of  which  are  engaged  in  the  manufacture  for  sale 
of  the  ])roducts  of  the  Concrete  Mixer  Subdivision  of  the  Machinery 
and  Allied  Products  Industry. 

''  I iidustry  "  means  the  Machinery  and  Allied  Products  Industry, 
as  defined  in  its  Code  of  Fair  Com})etition  as  approved  by  the 
President  March  17,  1934,  and  as  such  definition  may  from  time 
to  time  be  amended. 

"  ASubdivLshn  "  means  this  Concrete  Mixer  Sul)di vision  of  the 
Machinery  and  Allied  Products  Industry  as  defined  and  set  forth 
in  Paragra])li  (G)  of  Article  II  of  the  (^)de  of  Fair  Competition  for 
the  Machinery  and  Allied  Products  Industr}-   as  follows: 

"  Concrete  Mixer  Subdivision  means  the  manufacture  for  sale 
of  concrete  mixers  of  the  building  mixer,  paving  mixer,  truck 
mixer,  and  agitator  type,  and  parts  thereof,  and  includes  all  those 
engaged  in  such  manufacture  for  sale." 

"  Code  ''  means  the  Code  of  Fair  Competition  for  tlie  Machinery 
and  Allied  Products  Industry,  as  approved  by  the  President,  and 
as  from  time  to  time  amended. 

"  Person  "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankrui)tcy,  a  receiver, 
or  other  entity. 

'•  EwpJoyer "  means  any  perstm  engaged  in  this  Subdivision  of 
the  Industry,  either  on  his  own  behalf  or  as  an  employer  of  labor. 

"  Employee  -'  means  any  one  who  is  emi)loyed  in  the  Siibdivision 
bv  any  such  employer. 

" "  The  Act "  means  Title  I  of  the  National  Industrial  Recovery 
Act. 

"  The  President "  means  the  President  of  the  United  States. 

(482) 


483 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

"Basic  Code  Authority'''  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Products  Industry  as  constituted  by  the  Code. 

"  Code  Authonty "  means  the  Code  Authority  constituted  for 
this  Subdivision  as  provided  bv  tlie  Code  and  bv  this  Supnlemental 
Code. 

"  Group  Code  Authority ''  means  the  Code  Authority  for  any 
group  or  classification  of  products  within  this  Subdivision,  con- 
stituted under  the  authoritv  of  Article  V  of  this  Supplemental 
Code. 

'•  PuhJish  "  means  to  make  available  to  the   public. 

Article  III — Emplot:ment  Provisions 

The  following  Articles  of  the  Code,  viz :  Article  III,  "  Working 
Hours";  Article  IV.  "Wages'";  and  Article  V,  "General  Labor 
Provisions  ",  are  hereby  made  a  part  of  this  Supplemental  Code, 
with  the  same  effect  as  if  tliey  were  written  into  this  Supplemental 
Code. 

Article  IV — Adoption  of  Other  Provisions  of  Code 

The  following  Articles  of  the  Code,  viz :  Article  II,  "  Definitions  "; 
Article  VI.  "Admini>tration  ".  to  the  extent  that  they  shall  be  ap- 
plicable to  this  Supplemental  Code  as  such  or  as  it  may  hereafter  be 
administered  as  an  autonomous  Code :  Article  VIII,  *■'  Modifications 
and  Termination";  Article  IX,  "Withdrawal";  are  hereby  made  a 
part  of  this  Supplemental  Code  with  the  same  effect  as  if  they  were 
written  into  this  Supplemental  Code. 

Article  V — Organization  and  Administration 

A  Code  Authority  is  hereby  constituted  to  effectuate  the  adminis- 
tration of  this  Supplemental  Code. 

1.  (a)  During  the  period  not  to  exceed  sixty  days  following  the 
effective  date  of  this  Supplemental  Code,  the  Executive  Committee 
of  the  Concrete  Mixer  ^Manufacturers  Institute  shall  constitute  a  tem- 
porary Code  Authority.  This  Committee  shall  consist  of  five  mem- 
bers, and  the  Administrator,  in  his  discretion,  may  appoint  one 
additional  member  (without  vote  and  without  expense  to  the  Sub- 
division). 

To  permit  representation  of  employers  who  are  not  members  of 
the  Apj)licant,  the  latter  shall,  within  sixty  days  after  this  Supple- 
mental Code  shall  become  effective,  set  up  a  permanent  Code  Au- 
thority to  succeed  the  temjiorary  Code  Authority.  Such  permanent 
Code  Authority  shall  be  elected  at  a  meeting  of  emploj'ers  called  by 
the  Temporary  Code  Authority.  Ten  (10)  days'  notice  of  such 
meeting  shall  be  sent  by  registered  mail  to  all  known  employers  in 
this  Subvision  and  the  notice  shall  specifically  state  that  voting  at 
the  meeting  may  be  in  person  or  by  proxy.  This  permanent  Code 
Authority  shall  consist  of  five  members,  and  in  addition  thereto,  the 
Administrator's  appointee  (if  anj^)  as  referred  to  in  the  paragraph 
next  above. 


484 

Any  vacancy  on  the  Code  Authority  due  to  death,  resignation,  or 
because  a  member  thereof  has  ceased  to  be  connected  with  the  Sub- 
division, shall  be  filled  at  a  meeting  of  employers  called  by  the 
Code  Authority  on  at  least  ten  days'  notice  by  registered  mail  sent 
to  all  employers  in  this  Subdivision,  and  by  a  vote  similar  to  the 
vote  by  Avhich  the  retired  member  was  originally  selected. 

The  members  of  the  Code  Authority  shall  be  elected  by  a  vote  of 
the  employei-s,  Aoted  b}'^  person  or  proxy  at  such  a  meeting,  as 
follows : 

Three  members  shall  be  elected  by  a  simple  majority  vote,  one 
of  whom  shall  be  chosen  from  those  companies  who  manufacture 
building  mixers,  one  of  whom  shall  be  chosen  from  those  companies 
who  manufacture  paving  mixers,  and  one  of  whom  shall  be  chosen 
from  companies  manufacturing  truck  or  agitator  mixers. 

Two  members  shall  be  elected  from  the  membership  at  large  by 
a  51%  vote  weighed  on  the  basis  of  one  vote  for  the  first  $250,000.00 
sales  of  products  of  the  Industry  and  a  second  vote  for  sales  in 
excess  of  this  amount,  made  in  the  two  preceding  calendar  years 
as  reported  to  the  Secretary  of  the  Applicant,  but  each  employer 
shall  have  at  least  one  vote. 

Members  of  the  Code  Authority  shall  hold  office  for  one  year 
or  until  their  successors  are  elected  and  qualified. 

Any  employer  in  the  Subdivision  shall  be  eligible  for  membersliip 
in  Applicant. 

(b)  Aggregations  of  employers  having  a  connnon  interest  and 
common  problems  may  be  grouped  by  Code  Authority  for  adminis- 
trative purposes  into  various  groups,  or  product  classifications. 

In  each  group  or  product  classification  there  may  be  a  Group 
Code  Authority  approved,  or  appointed,  by  Code  Authority.  If 
formal  complaint  is  made  to  Code  Authority  that  provisions  of 
this  Supplemental  Code  have  been  violated  by  any  emj)loyer.  the 
Code  Authority  or  proper  Group  Code  Authority  may  cause  such 
investigation  to  be  made,  to  the  extent  permitted  by  the  xVct,  as 
may  be  deemed  necessary,  and  if  the  investigation  has  been  made 
by  Group  Code  Authority  it  shall  report  the  results  of  such  investi- 
gation to  Code  Authority  for  appropriate  action. 

The  Code  Authority  shall,  to  the  extent  permitted  by  the  Act, 
have  the  right  to  investigate  and  analyze  any  transaction  coming 
under  the  scope  of  this  Supplemental  Code,  on  which  any  unfair 
competition  is  alleged,  to  show  evidence  of  guilt  or  innocence  of 
the  employer  so  charged. 

2.  It  being  found  necessary  in  order  to  support  the  Aihuinisti-ation 
of  this  Supplemental  Code  and  to  maintain  the  standai'ds  of  Fair 
Competition  established  hereunder  and  to  efi'ectuate  the  policy  of  the 
Act,  the  Code  Authority  is  authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  wliich 
shall  be  held  in  trust  for  the  purposes  of  the  Supplemental  Code ; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 


485 

to  support  such  budget  shall  be  contributed  by  employers  of  the 
Subdivision ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable  con- 
tribution as  above  set  forth  b}^  all  employers  of  the  Subdivision,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in 
its  own  name. 

3.  Each  employer  of  the  Subdivision  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Code  Au- 
thority, determined  as  hereinabove  provided,  and  subject  to  rules 
and  regidations  pertaining  thereto  issued  by  the  Administrator. 
Only  employers  of  the  Subdivision  complying  with  the  Supple- 
mental Code  and  contributing  to  the  expenses  of  its  administration 
as  hereinabove  provided,  unless  duly  excepted  from  making  such 
contributions,  shall  be  entitled  to  participate  in  the  selection  of  mem- 
bers of  the  Code  Authority  or  to  receive  the  benefits  of  any  of  its 
voluntary  activities  or  to  make  use  of  any  emblem  or  insignia  of  the 
National  Recovery  Administration. 

4.  The  Code  Authority  shall  neither  incur  nor  pay  any  obligation 
in  excess  of  the  amount  thereof  as  estimated  in  its  approved  budget, 
except  upon  approval  of  the  i^^dministrator ;  and  no  subsequent 
budget  shall  contain  an}^  deficiency  item  for  expenditures  in  excess 
of  prior  budget  estimates  except  those  which  the  A(hninistrator  shall 
have  so  approved. 

5.  In  order  that  the  Code  Authority  shall  at  all  times  be  truly 
representative  of  the  Subdivision  and  in  other  respects  comply  with 
the  provisions  of  the  Act,  the  Administrator  may  provide  such  hear- 
ings as  he  may  deem  proper:  and  thereafter  if  he  shall  find  that  the 
Code  Authority  is  not  truly  representative  or  does  not  in  other 
respects  comply  with  the  provisions  of  the  Act,  may  require  an 
appropriate  modification  in  the  method  of  selection  of  the  Code 
Authority,  or  any  Group  Code  Authority. 

Article  VI — Accountixg  and  Costing 

Code  Authority  shall  cause  to  be  formulated  an  accounting  system 
and  methods  of  cost  finding  and/or  estimating  capable  of  use  by  all 
employers  of  the  Subdivision.  After  such  system  and  methods  have 
been  formulated,  full  details  concerning  them  shall  be  made  available 
to  all  employers.  Thereafter  all  employers  shall  determine  and/or 
estimate  costs  in  accordance  with  the  principles  of  such  methods. 

Article  VII — Selling  Below  Reasonable  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  in  this  Subdivision  and  that  the  cause  thereof  is  destruc- 
tive price-cutting  such  as  to  render  ineffective  or  seriously  endanger 
the  maintenance  of  the  provisions  of  this  Su]:)plemental  Code,  the 
Code  Authority  may  cause  to  be  determined  the  lowest  reasonable 
cost  of  the  products  of  this  Subdivision,  such  detennination  to  be 
subject  to  such  notice  and  hearing  as  the  Administrator  may  require. 
The  Administrator  may  approve,  disapprove,  or  modify  t:he  deter- 
mination.    Thereafter,  during  the  period  of  the  emergency,  it  shall 


486 

be  an  unfair  trade  practice  for  any  employer  of  the  Subdivision  to 
sell  or  offer  to  sell  any  products  of  the  Subdivision  for  which  the 
lowest  reasonable  cost  has  been  determined  at  such  prices  or  upon 
such  terms  or  conditions  of  sale  that  the  buyer  will  pay  less  therefor 
than  the  lowest  reasonable  cost  of  such  ]jro(lucts. 

When  it  appears  that  conditions  have  changed,  the  Code  Authority, 
upon  its  own  initiative  or  upon  the  recjuest  of  au}^  interested  part}^, 
shall  cause  the  determination  to  be  reviewed. 

Section  2.  The  foregoing  Section  (1)  shall  not  apply  to  (a) 
dropped  lines,  or  (b)  seconds,  or  (c)  inventories  which  must  be  con- 
verted into  cash  to  meet  emergency  needs,  all  of  which  may  be  dis- 
posed of  by  any  employer  at  any  })rice  and  on  any  terms  or  condi- 
tions, but  only  if  such  emjiloyer.  not  less  than  two  weeks  before  such 
proposed  disposal,  has  iiled  Avith  Code  Authority,  a  statement  in 
writing  setting  forth  the  facts  of.  and  reasons  for,  such  proposed 
disposal  and  the  price  and  terms  and  conditions  of  sale,  and  Code 
Authority  has  not,  (with  the  approval  of  the  Administrator),  before 
the  termination  of  such  two  week  period,  in  writing,  disapproved 
the  proposed  disposal.  Notice  of  such  disposal,  if  not  disapproved, 
shall  be  sent  immediately  to  all  employers  manufacturing  products 
of  equivalent  design,  character,  quality  or  specifications,  who  may 
sell  such  products  at  prices  and  on  terms  and  conditions  as  favorable 
as  those  stipulated  in  the  |)ro[)Osed  disposal,  when  meeting  the  com- 
petition of  such  proposed  disposal. 

Section  3.  The  foregoing  Section  (1)  shall  not  apply  to  a  sale 
made  in  order  to  meet  competition  on  products  manufactured  out- 
side the  United  States.  For  such  disposal,  any  employer  may  sell, 
at  prices  and  on  terms  and  conditions  as  favorable  as  those  of  the 
competing  foreign  product,  but  only  if  he  has  first  I'eported  to  the 
Code  Authority  his  intention  so  to  sell,  and  the  facts  as  to  the  com- 
petition which  justifies  such  action. 

Article  VIII — Price  Lists 

(a)  If  and  when  the  Code  Authority  determines  that  in  any  group 
of  the  Subdivision  it  has  been  the  generally  recognized  practice 
to  sell  a  specified  product  on  the  basis  of  net  jjrice  lists,  or  price  lists 
with  discount  sheets,  and  fixed  terms  of  sale  and  payment,  each 
manufacturer  of  such  product  shall,  within  ten  (10)  days  after 
notice  of  such  determination,  file  with  Code  Authority  a  net  price 
list,  or  a  price  list  with  discount  sheet,  as  the  case  may  be,  individually 
prepared  by  him  showing  his  current  prices,  or  prices  and  discounts, 
and  terms  of  sale  and  payment,  and  the  Code  Authority  shall  im- 
mediately publish  and  send  copies  thereof  to  all  known  manufac- 
turers of  such  specified  prcxlucts  who  are  cooperating  under  this 
Code  as  described  in  Article  V,  Section  (a). 

Kevised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  i)ayment  may  be  tiled  from  time  to  time  thereafter  with  the 
Code  Authority  by  any  manufacturer  of  such  product,  to  become 
operative  upon  the  date  si)ecified  therein,  but  such  revised  price 
lists  and/or  discount  sheets  and/or  terms  of  sale  and  payment  shall 
be  filed  with  the  Code  Authority  ten   (10)   days  in  advance  of  the 


487 

operative  date.  Copies  thereof,  with  notice  of  the  operative  date 
specified,  sliall  be  immediately  published  and  sent  to  all  known 
manufacturers  of  such  product,  any  of  whom  may  file,  if  he  so 
desires,  revisions  of  his  price  lists  and/or  discount  sheets  and/or 
terms  of  sale  and  pajanent,  which  shall  become  effective  upon  the 
date  when  the  revised  price  lists  and/or  discount  sheets  and/or 
terms  of  sale  and  payment  first  filed  shall  go  into  effect.^ 

(b)  If  and  when  the  Code  Authority  shall  determine  that  in  any 
group  of  the  Subdivision  not  now  selling  its  products  on  the  basis  of 
price  lists,  Avith  or  without  discount  sheets,  with  terms  of  sale  and 
paj'ment,  the  distribution  or  marketing  conditions  in  the  group  are 
the  same  as,  or  similar  to,  the  distribution  or  marketing  conditions  in 
a  group  where  the  use  of  price  lists,  with  or  without  discount  sheets, 
and  terms  of  sale  and  paj^ment  is  well  recognized,  and  that  a  system 
of  selling  on  net  price  lists  or  price  lists  and  discount  sheets  with 
terms  of  sale  aiid  payment  should  be  put  into  effect  in  such  group, 
then  each  manufacturer  of  the  product  or  products  of  such  group 
shall  within  twenty  (20)  days  after  notice  of  such  determination, 
file  with  the  Code  Authority  net  price  lists  or  price  lists  and  discount 
sheets,  with  terms  of  sale  and  payment,  showing  his  prices  and  dis- 
counts and  terms  of  sale  and  payment,  and  such  price  lists  and/or 
discount  sheets  ancl/or  terms  of  sale  and  payment  may  be  thereafter 
revised  in  the  manner  hereinbefore  provided;  and  such  methods  of 
pricing  and  revisions  thereof  shall  be  "  published  and  sent  "  as  de- 
scribed in  Article  VIII  (a).  Provided  that  Code  Authority  shall 
make  no  determination  to  place  any  product  of  the  Subdivision  (not 
now  on  a  price  list  basis)  on  a  price  list  basis,  as  provided  in  this 
paragraph  (b)  of  Article  VIII  unless  affirmative  consent  to  such 
determination  is  given  by  a  66%%  vote  of  the  employers  who  are  co- 
operating in  this  Code  and  wdio  are  at  that  time  engaged  in  manufac- 
turing such  product.  The  eligibility  requirements,  method,  and 
effect  of  such  voting  shall  be  the  same  as  is  provided  by  Article  V. 

No  employer  shall  sell  directlj^  or  indirectly  by  any  means  what- 
soever, any  product  of  the  Subdivision  covered  by  provisions  of  this 
Article  VIII  at  a  different  price,  or  on  more  favorable  terms  of  sale 
and  payment,  than  those  provided  in  his  own  current  net  price  lists, 
or  price  lists  and  discount  sheets,  and  terms  of  sale  and  payment.^ 

Article  IX — Trade  Practices 

Depnition  of  "  new  "  and  "  nsed'^  Products. — In  this  Supplemental 
Code,  the  phrase  "  new  "  product  shall  mean  any  product  which  has 
not  ])reviously  been  sold  and  placed  in  the  possession  of  the  pur- 
chaser and  which  product  has  not  been  used,  exclusive  of  discontinued 
models  and  repair  parts.  In  this  Supplemental  Code,  the  phrase 
"  used  ''  product  shall  mean  a  product  which  has  previously  been 
used  by  a  purchaser,  or  renter,  or  used  as  a  demonstrator  prior  to 
the  date  of  this  Supplemental  Code,  or  a  discontinued  model. 

Section  1.  PuhJiidied  Prices. — Published  prices  shall  include  ship- 
ping weights  and  all  prices  shall  be  f.o.b.  employer's  works,  subject 
to  the  provisions  of  Section  9. 

^  See  paragiajih  2   (1)   of  order  approving  this  Code. 
80«85— 34 26 


488 

Section  2.  F'n-m  Orders  Required. — Nov,-  products  shall  be  sold 
only  under  firm  sales  contracts  or  firm  purchase  orders,  and  such 
contracts  or  orders  shall  provide  for  shipment  within  ninety  (90) 
days  of  the  date  of  contract  or  order,  with  the  exception  of  orders  or 
contracts  for  shipment  of  pavers,  truck  mixers  or  agitators  before 
April  15th  of  any  year  when  taken  between  the  preceding  October 
15th  and  January  i5th,  and  accompanied  by  a  cash  deposit  of  not 
less  than  10%  of  "the  price  of  the  product  so  to  be  shipped. 

Sfx'TIox  3.  Payments  in  Cash. — Terms  of  payment  shall  specify 
tliat  all  payments  on  account  of  the  purchase  price  of  a  new  product 
shall  be  made  when  due  in  cash  or  negotiable  check. 

Section  4.  Doum  Pai/m^nt  in  Deferred -Paj/ment  Sales. — In  the 
case  of  a  sale  to  the  user  of  a  neAv  product  on  deferred  payment  terms, 
the  contract  of  sale  shall  call  for  a  cash  down  payment  of  not  less 
than  25%  of  the  total  f.o.b,  sales  price  either  before  the  time  of 
shipment  or  by  sight  draft  witli  bill  of  lading  attached. 

Section  5.  In^sfalhiie/ifs  hi  Deferred-Payment  Sales. — In  the  case 
of  a  sale  to  the  user  of  a  new  product  on  deferred  payment  terms, 
the  contract  of  sale  shall  require  that  the  unpaid  balance  of  the 
purchase  price  be  payable  in  equal  installments  due  no  less  fi-equently 
than  monthly,  the  first  installment  to  be  payable  in  not  more  than 
thirty  (30)  days  from  the  date  of  shipment,  the  last  installment 
to  be  payable  iii  not  more  than  nine  (9)  months  from  date  of  ship- 
ment in  respect  to  sales  of  paving  mixers,  truck  mixers  and  agitators, 
and  four  (4)  months  from  the  date  of  shipment  in  regard  to  sales 
of  building  mixers;  each  installment  shall  be  evidenced  by  a  note 
bearing  interest  at  not  less  than  the  rate  of  six  per  cent  {Q%)  per 
annum  unless  the  State  law  governing  the  contract  specifies  a  lower 
maximum  rate  of  interest  from  the  date  of  shipment. 

Section  6.  Cash  Discount. — Cash  discount  terms  on  sales  of  new 
jM-oducts  shall  not  exceed  five  percent  (5%)  for  cash  within  ten  (10) 
days  after  shipment,  or  sight  draft  against  bill  of  lading.  Cash 
discounts  shall  be  figured  upon  the  f.o.b  factory  price. 

Section  7.  Cash  Sales. — No  employer  shall  make  sales  of  new 
])roducts  on  a  cash  basis,  where  no  cash  discount  is  involved,  unless 
the  contract  of  sale  requires  that  full  payment  in  cash  be  made  bj'' 
the  purchaser  within  thirty-five  (35)  days  from  the  date  of  ship- 
ment. 

Section  8.  Guarantees. — No  employer  shall  guarantee  any  product 
except  against  defective  material  and  workmanship,  and  no  guar- 
antee on  any  product  shall  exteiftl  over  a  period  exceeding  six  (6) 
months  from  date  of  shipment  of  such  product.^ 

Section  9.  Governmental  Contracts. — In  view  of  the  legal  and 
other  requirements  of  Governmental  bodies  in  awarding  contracts 
for  the  purchase  of  machinery  by  such  bodies,  and  in  order  that 
members  of  the  Subdivision  may  be  in  a  position  to  bid  fairly  on 
such  contracts  without  violating  the  applicable  provisions  of  this 
Supplemental  Code,  any  employer  may  quote  a  delivered  price  to 
the  Federal  Government,  or  any  State,  County,  or  Municipal  Gov- 
ernment, on  any  product  of  the  Subdivision,  which  shall  be  not  less 
than  the  lowest  delivered  price  for  any  competing  product  of  the 
same  size  and  specification.     The  term  "  delivered  price  "  as  used 

-"See  pariigraph  2  (2)   of  order  approving  this  Code. 


489 

herein  shall  mean  the  published  price  of  the  competing  product  plus 
actual  transportation  charges  on  such  product  from  its  factory  to 
point  of  delivery;  provided  further  that  any  employer  may  quote, 
under  the  circumstances  described  hereinabove,  cash  discount  terms 
from  date  of  acceptance  at  destination. 

Section  10.  Repairs  and  Replacement  Parts. — So  long  as  the 
maker  (or  liis  successor  in  business)  of  any  product  of  the  Subdi- 
vision bearing  the  maker's  name  or  trademark,  which  has  required 
special  design,  research  or  development  expense,  continues  to  make 
and  supply  such  spare,  repair  and  replacement  parts  therefor,  it 
shall  be  an  unfair  trade  practice  for  any  other  employer  to  manu- 
facture any  repair  jDarts  for  such  product  of  the  Subdivision  unless 
the  name  of  such  other  person  manufacturing  such  repair  part  shall 
be  plainly  marked  on  the  part  (or,  if  this  be  impracticable,  on  the 
package  or  tag)  so  that  the  ultimate  user  may  be  clearly  informed 
that  such  repair  |)art  was  not  made  by  the  original  maker  (or  suc- 
cessor to  such  maker)  of  the  product  of  the  Subdivision  for  which 
said  repair  part  is  manufactured. 

Section  11.  Further  Unfair  Trade  Practices. — Each  of  the  fol- 
lowing practices  is  prohibited  as  constituting  unfair  competition : 

A.  Rentals. — The  renting  of  any  new  product,  with  the  excep- 
tion of  building  mixers  up  to  and  including  the  10-S  size,  which 
may  be  rented,  provided  that  no  rental  paid  on  such  products  shall 
lie  applied  against  the  purchase  price  of  such  products;  provided 
further  that  the  renting  of  truck  mixers  is  not  prohibited  where  sold 
under  a  lease  form  of  contract  where  full  list  price  is  paid  and 
v\diere  title  to  the  equipment  at  no  time  passes  to  the  customer;  and 
provided  further,  however,  that  this  paragraph  shall  not  apply  to 
the  first  installation  of  a  new  product  of  an  experimental  nature. 
Thi&  provision  shall  not  prevent  the  selling  of  products  of  the  Sub- 
division on  bailment  leases  in  those  States  where  such  transactions 
are  legally  recognized. ^ 

B.  Trials  and  Demonstrations. — Selling  any  new  product  subject 
to  acceptance  after  a  trial  or  demonstration  on  the  purchaser's  job, 
provided,  however,  that  in  any  case  of  the  first  new  product  of  any 
ilistinctl}'  new  type  or  size,  with  new  model  designation,  if  no  ma- 
chine of  the  same  type  and  size  has  previously  been  sold,  or  in  any 
■case  where  a  machine  may  be  sold  to  be  employed  for  a  distinctly 
recognized  new  use,  any  employer  may  include  in  the  contract  of  sale 
ci  provision  pernntting  recision  of  the  contract  by  the  customer  within 
ninety  (90)  days  from  date  of  shipment. 

C.  Trade-in,^. — Taking  or  purchasing  any  used  machine  or  at- 
tachment, used  equipment  or  any  other  property,  in  trade  on  the 
purchase  price  of  a  new  product,  or  directly  or  indirectly  making 
any  allowance  thereon,  or  granting  credit  therefor. 

i).  Lump  Siwi  Bidding  and  Contingent  Selling. — The  sale  of  any 
product  upon  other  than  a  unit  price  basis.  This  shall  not  prohibit 
the  cfranting  of  quantitv  discounts  in  accordance  with  filed  price 
lists.^ 

Tiie  making  of  any  contract  for  the  furnishing  of  any  product 
contingent  upon  the  sale  or  purchase  of  any  other  thing. 


2  See  paragraph  2   (2)   of  order  approving  this  Code. 


490 

E.  Discontinued  or  Non-Current  Model  Machines. — The  sale  or 
offering  for  sale  of  any  discontinued  or  non-current  model  product 
as  a  new  model  or  current  machine;  provided  further  that  when  a 
discontinued  or  non-current  model  machine  is  offered  for  sale,  the 
quotation  to  the  prospective  purchaser  shall  show,  in  writing,  the 
age  of  the  discontinued  or  non-current  model  product,  and  the  serial 
number  and  price  thereof. 

F.  Secret  Rebates. — Xo  employer  shall  secretly  offer  or  make  any 
pa^'ment  or  allowance  of  a  rebate,  refund,  commission,  credit,  un- 
earned discount  or  excess  allowance,  wliether  in  the  form  of  money 
or  otherwise,  nor  shall  an  employer  of  the  Subdivision  secretl}^  offer 
or  extend  to  any  customer  any  special  service  or  privilege  not  ex- 
tended to  all  customers  of  the  same  class,  for  the  purpose  of  influenc- 
ing a  sale. 

G.  Brihing  Employees. — Xo  employer  shall  give,  permit  to  be 
given,  or  offer  to  give,  anything  of  value  for  the  purpose  of  influenc- 
ing or  rewarding  the  action  of  any  emploj'ee,  agent,  or  representa- 
tive of  another  in  relation  to  the  business  of  the  employer  of  such 
employee,  the  principal  of  such  or  the  represented  party,  without 
tlie  knowledge  of  such  employer,  principal  or  part3\  This  provision 
shall  not  be  construed  to  prohibit  free  and  general  distribution  of 
articles  connnonly  used  for  advertising  except  so  far  as  such  articles 
are  actually  used  for  commercial  bribery  as  hereinabove  defined. 

H.  Inaccurate  Advertising. — Xo  employer  shall  jniblish  advertis- 
ing (whether  printed,  radio,  display  or  of  any  other  nature)  which  is 
misleading  or  inaccurate  in  any  nuiterial  particular,  nor  shall  any 
employer  in  any  way  misrepresent  any  goods  (including  but  with- 
out limitation  its  use,  tradenuirk,  grade.  qualit3\  quantity,  origin, 
size,  substance,  character,  nature,  finish,  material,  content,  or  prepa- 
ration) or  credit  terms,  values,  policies,  services,  or  the  nature  or 
form  of  the  business  conducted. 

I.  Patent  Infringement. — The  })ublishing  or  circularizing  of  any 
threat  of  suit  for  infringement  of  patent  or  tradenuirk,  or  of  any 
other  legal  proceedings,  not  in  good  faith,  which  would  tend  to  harass 
competitors  or  intimidate  their  customers. 

J.  Detailed  Drawings. — The  furnishing  to  any  purchaser,  and/or 
his  agent,  directly  or  indirectly  of  detailed  drawings  of  the  products 
of  this  Subdivision  without  filing  a  statement  of  such  proposed 
transaction  with  the  Code  Authority  which  shall  approve  or  with 
the  ap]>roval  of  the  Administratoi'  disapprove  the  transaction  within 
ten  (10)  days  by  written  notice  to  the  eni})loyer. 

K.  Destructive  Price  Cutting. — It  sliall  be  an  unfair  trade  prac- 
tice for  any  emploj^er  to  engage  in  destructive  price-cutting. 

Section  12. — Sales  Other  Ilian  From  Factory  /Stock. — Where  a 
building  mixer  is  sold  from  other  than  factory  stock,  the  price  to 
the  user  shall  not  be  less  than  the  f.o.b.  factory  price,  plus  a  freight 
charge  that  shall  not  be  less  than  the  carload  rate  of  freight  from 
the  factory  to  the  job,  and  plus  a  charge  to  cover  warehousing  and 
iiandling  whicli  shall  be  a  percentage  of  the  published  selling  price, 
said  percentage  to  lie  determined  by  the  Code  Authority  and  approved 
b}'  the  Administrator.^ 


See  paragraph  2   (2)   of  order  approving  tbis  Code. 


491 
Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  (Articles  VII,  VIII  and  IX)  shall  not  apply  to  direct 
export  sales  of  any  product,  or  to  any  product  destined  ultimatel}' 
for  export.  The  term  "  export  "  shall  include  all  shipments  to  all 
places  without  the  several  states  of  the  United  States  and  the  Dis- 
trict of  Columbia ;  provided,  however,  that  no  shipment  to  any  terri- 
tory or  possession  of  the  United  States  shall  be  considered  an  export 
when  any  employer  is  engaged  in  the  Industry  in  such  territory  or 
possession. 

Article   XI — IVIodifications 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President 
may  from  time  to  time  cancel  or  modify  any  order,  approval, 
license,  rule  or  regulation  issued  under  Title  I  of  the  Act. 

(b)  Any  amendments,  additions,  revisions,  or  supplements  of 
this  Supplemental  Code,  proposed  by  Code  Authority,  and  approved 
b}^  a  66%%  of  the  employers  shall  be  in  full  force  and  effect  upon 
approval  by  the  President.  The  eligibility  requirements,  method, 
and  effect  of  such  voting  shall  be  the  same  as  provided  by  Article  V. 

Article  XII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions 
on  membership  therein.  The  Supplemental  Code  presented  by  it 
is  not  designed  to  permit  monopoly,  and  shall  not  be  so  construed 
or  applied  as  to  oppress  or  eliminate  small  enterprises  or  discrim- 
inate against  them,  and  is  designed  to  effectuate  the  policy  of  the 
Act. 

Article  XIII — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on  all 
persons  engaged  in  the  Subdivision  on  the  eleventh  day  after  its 
approval  by  the  President. 

Approved  Code  No.  347 — Supplement  No.  37. 
Reiristry  No.  1399-52. 


Approved  Code  No.  347 — Supplement  No.  40 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR   THE 

DIESEL  ENGINE  MANUFACTURING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving    Supplementary    Code   of   Fair    Competition    for   the 
Diesel  Engine  Manufacturing  Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Diesel  Engine  Manufac- 
turing Subdivision  of  Machinery  and  Allied  Products  Industry,  and 
hearings  having  been  duly  held  thereon  and  the  annexed  report  on 
said  Supplemental  Code  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  65'43-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  Code  complies  in 
all  respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that  said 
Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby  approved 
subject  to  the  following  conditions : 

(1)  That  the  provisions  of  Article  VIII,  Section  (a),  insofar  as 
they  prescribe  a  waiting  period  between  the  filing  with  the  Code 
Authority  and  the  effective  date  of  revised  price  lists  and/or  dis- 
count sheets  and/or  terms  of  sale  and  payment ;  and  insofar  as  they 
empower  the  Code  Authority  to  shorten  the  waiting  period  be  and 
and  they  hereby  are  stayed  pending  my  further  order ; 

(2)  That  the  provisions  of  Article  VIII,  Sections  (c)  and  (f )  be 
and  they  herebj^  are  staj^ed  until  I  by  my  further  order  otherwise 
direct ; 

(3)  That  the  provisions  of  Article  VIII,  Section  (g)  be  and  they 
hereby  are  stayed  pending  the  submission  of  satisfactory  evidence 

(493) 


494 

coverino:  the  distribution  of  the  prochicts  of  the  Subdivision  to  the 
A(hninistrator; 

(4)  That  the  applicant  shall  amend  its  constitution  and  By-Laws 
to  the  satisfaction  of  the  Administrator  within  sixty  (60)  days  after 
the  effective  date  of  this  Code. 

Hugh  S.  Johnson, 
Admlnisfpato)'  for  IndustrlaJ  Recovery. 
Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  7,  1934. 


REPORT  TO  THE  PRESIDENT 

The  Pkesidext, 

The  ^yhlte  Hoitse. 
Sir  :  This  is  a  report  on  the  Supplemental  Code  of  Fair  Competi- 
tion for  the  Diesel  En<>ine  Mannfactiirino^  Subdivision  of  Machinery 
and  Allied  Products  Industry,  a  Public  Hearing  on  which  was  held 
in  Washington,  D.  C,  on  November  22,  1933,  and  reconvened  De- 
cember 21,  1933.  The  Hearing  was  conducted  in  full  accordance  with 
the  23rovisions  of  Title  I  of  the  National  Industrial  Recovery  Act. 

GENERAL  STATEMENT 

The  Diesel  Engine  Manufacturing  Subdivision,  being  truly  repre- 
sentative of  the  numufacturers  of  the  products  defined  in  Article  II 
of  the  Supplemental  Code,  has  elected  to  formulate  and  submit  a 
Supplemental  Code  of  Fair  Competition  as  provided  in  Article  I  of 
the  Code  of  Fair  Competition  for  the  Machinery  and  Allied  Products 
Inclustr}',  approved  by  you  on  the  seventeenth  day  of  March  1934. 

The  Diesel  Engine  Manufacturing  Subdivision  means  the  manu- 
facture for  sale  of  Diesel  engines  and/or  parts  thereof,  except  Diesel 
engines  used  (1)  in,  and  for  the  propulsion  of,  aeroplanes,  auto- 
mobiles, trucks  or  tractors,  and  (2)  in.  and  for  the  operation  of, 
portable  air  compressors,  and  includes  all  those  engaged  in  such 
manufacture  for  sale. 

ECX)NOMIC  EFFECT 

The  manufacture  of  Diesel  Engines  is  rapidly  expanding  into 
various  new  field  ap])lications,  although  the  total  volume  production 
of  the  Subdivision  has  been  very  seriously  curtailed  from  year  to 
3'ear  since  1929,  export  volume  declining  much  more,  proportionately, 
than  domestic  production.  With  any  general  revival  in  capital  goods 
production  the  volume  of  this  Subdivision  will  expand  rapidly. 
Volume  declined  from  $26,800,000  in  1929  to  $13,415,000  in  1931,  or 
practically  50%.  The  Subdivision  estimates  that  there  was  a  further 
decline  iii  1932  to  about  $8,260,000.  Exports  in  1929  represented 
almost  14%  of  total  production,  and  in  1932  only  7.5%. 

Official  statistics  on  employment  in  the  Diesel  engine  Subdivision 
are  not  available.  In  addition  to  the  9.588  wage  earners  in  1929. 
the  Subdivision  reported  about  2,400  executives,  supervisory,  admin- 
istrative, and  other  employees.  Wage  earners  in  February  1933, 
were  estimated  at  3,690,  rising  to  4,420  by  July  1933. 

The  Research  and  Planning  Division  report  it  is  difficult  to  deter- 
mine how  much  re-employment  will  be  effected  in  this  Subdivision 
as  a  result  of  the  reduction  in  hours.  This  Division  estimates  hours 
would  have  to  be  reduced  to  an  average  of  less  than  19  per  week  in 
order  to  re-employ  the  1929  labor  force  at  the  July  1933  level  of 
production. 

(495) 


496 

Average  weekly  wages  paid  to  factory  employees  amounted  to 
$32.53  in  1929  for  all  wage  earners  and  to  $23.69  for  unskilled  work- 
ers. By  February  1933.  these  averages  had  declined  to  $18.91  and 
$13.23  respectively,  but  in  July,  1933  they  increased  to  $21.99  and 
$16.55 — this  inci-ease  undoubtedly  being  due  to  the  longer  working 
week  prevailing  in  July  than  in  February. 

The  wage  provisions  for  the  Subdivision,  which  is  operating 
under  the  Code  of  the  Machinery  and  Allied  Products  Industry, 
provide  that  employees  engaged  in  plant  operations  shall  be  paid  as 
follows:  (1)  in  cities  of  more  than  50.000  population  and  their  im- 
mediate vicinity,  40  cents  per  hour;  (2)  in  cities  of  more  than  10,000 
but  not  more  than  50,000  population  and  their  innnediate  vicinity, 
which  cities  are  not  in  the  immediate  vicinity  of  a  city  of  more  than 
50,000  population,  38  cents  per  hour;  (3)  in  cities  of  10,000  popula- 
tion or  less  and  their  immediate  vicinity,  which  cities  are  not  in  the 
immediate  vicinity  of  a  city  of  more  than  10,000  population,  36 
cents  per  hour,  except  that  employees  engaged  in  plant  operations 
in  all  localities  in  the  states  of  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Tennessee,  Alabama,  Mississippi,  Arkan- 
sas, Louisiana,  Texas,  and  Oklahoma,  shall  be  paid  not  less  than  32 
cents  per  hour. 

"When  females  do  substantially  the  same  work  as  males  or  replace 
males,  the}^  shall  receive  the  same  pay.  However,  no  female  em- 
ployee shall  be  paid  less  than  87^4%  of  the  proper  rate  for  the 
locality  in  which  employed. 

Office  boys  and  girls  and  apprentices  shall  be  paid  not  less  than 
80%  of  the  minimum  wage. 

Employees  other  than  those  engaged  in  plant  operations  shall 
receive  not  less  than  $15.00  per  week. 

This  Supplemental  Code  provides  that  no  person  under  sixteen 
years  of  age  shall  be  employed  in  this  Subdivision. 

RESUME  OF  SUPPLEMENTAL  CODE 

iVrticle  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  a]>plicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code. 

Article  III  provides  for  the  adoption  of  the  employment  pro- 
visions of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Inihistry  as  approved  by  you  on  the  seventeenth  clay 
of  March,  1934  and  as  from  time  to  time  amended. 

Article  IV  provides  for  the  adoption  of  Articles  II,  VI,  VIII, 
and  IX  of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry  in  accordance  with  the  conditions  of  this 
Article  governing  their  adoption. 

Article  V  providers  for  the  establishment  of  the  Code  Authority 
and  defines  its  powers  and  (hities. 

Article  VI  provides  for  an  accounting  system  and  methods  of  cost 
finding  and/or  estimating. 

Article  VII  provides  that  no  products  shall  be  sold  or  exchanged 
below  a  reasonable  cost  when  the  Code  Authority  determines  that  an 
emergency  exists. 


497 

Article  VIII  provides  for  methods  of  setting  up,  revising,  and 
filing  price  lists  and  discount  sheets  and  terms  of  sale  and  payment. 

Article  IX  sets  forth  trade  practices  for  the  Subdivision. 

Article  X  establishes  that  no  provision  of  this  Supplemental  Code 
relating  to  pricing  and  marketing  shall  apply  to  export  trade. 

Article  XI :  This  Supplemental  Code  and  all  the  provisions  thereof 
are  expressly  made  subject  to  the  right  of  the  President  in  accord- 
ance with  subsection  (b)  of  Section  10  of  the  Act,  from  time  to  time 
to  cancel  or  modify  any  order,  approval,  license,  rule  or  regulation 
issued  under  said  Act.  Provision  is  also  made  that  modifications 
may  be  submitted  by  the  Code  Authority. 

Article  XII  provides  means  for  withdrawal  of  this  Subdivision 
from  the  Basic  C^ode  and  its  continuance  as  an  autonomous  Code. 

Article  XIII  establishes  that  no  provision  of  this  Supplemental 
Code  shall  be  so  applied  as  to  permit  monopolies  or  monopolistic 
practices  or  to  eliminate,  oppress,  or  discriminate  against  small 
enterprises. 

Article  XIV  states  the  eifective  date  of  this  Supplemental  Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supplemental  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing- 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000 
employees;  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  T,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  industrial  association  truly  representa- 
tive of  the  aforesaid  Subdivision;  and  that  said  association  imposes 
no  inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 


498 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  u])p^e^-s  small  enterprises  and  will  not  operate  to  discriminate 
aj^ainst  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  ap])roval  of  said 
Supplemental  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code,  provided  that  certain  provisions  relating  to  price  publication 
in  Article  VIII,  Section  (a),  trading  in  of  used  equipment  Article 
VIII.  Section  (c),  and  pooled  buying  Article  VIII,  Section  (f)  are 
stayed  as  stated  in  the  Order. 
Respectfully, 

Hugh  S.  Johnson, 

A  dininis  tratoy . 
August  1,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION   FOR 
THE  DIESEL  ENGINE  MANUFACTURING  INDUSTRY 

A  di\t:sion  of  the  machinery  and  allied  products  industry 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  follo\Yiiig  provisions  are  est.nblished  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Diesel  Engine  Manufactur- 
ing Subdivision  of  the  Machinery  and  Allied  Products  Industry,  and 
taken  together  with  the  Code  of  Fair  Competition  of  ?^Iachinery  and 
Allied  Products  Industry  shall  be  the  standard  of  fair  competition 
for  this  Subdivision,  and  shall  be  binding  on  each  employer  therein. 

Article  II — Definitions 

•-Aj^pliciint  "  means  the  Diesel  Flngine  Manufacturers'  Association, 
a  trade  organization,  all  members  of  which  are  engaged  in  the  manu- 
facture for  sale  of  the  products  of  the  Diesel  Engine  ^lanufacturing 
Subilivision  of  the  Machinery  and  Allied  Products  Industry.^ 

'•  Industry  "  means  the  Machinery  and  Allied  Products  Industry, 
■as  delined  in  its  Code  of  Fair  Competition  as  approved  by  the  Presi- 
dent and  as  such  definition  may  from  time  to  time  be  amended. 

"  Subdivision  "  means  this  Diesel  Engine  Manufacturing  Subdi- 
vision of  the  Machinery  and  Allied  Products  Industry  as  defined  and 
set  forth  in  Paragraph  10  of  Article  II  of  the  Code  of  Fair  Compe- 
tition of  the  Machinery  and  Allied  Products  Industry  as  follows : 

'*•  D'/esel  Engine  Manufacturing  /Subdivision  means  the  manufac- 
ture for  sale  of  Diesel  engines  and/or  parts  thereof,  except  Diesel 
engines  used  (1)  in.  and  for  the  propulsion  of.  aeroplanes,  automo- 
biles, trucks  or  tractors,  and  (2)  in,  and  for  the  operation  of,  portable 
air  compressors,  and  includes  all  those  engaged  in  such  manufacture 
for  sale." 

"  Diesel  Engine "  is  defined  to  mean  any  internal  combustion 
engine  utilizing  any  liquid  fuel  other  than  gasoline,  injecting  such 
fuel  under  pressure  into  the  combustion  chamber  or  chambers  of  said 
engine. 

"'  Code  "  means  the  Code  of  Fair  Competition  for  the  Machinery 
tind  Allied  Products  Industry,  as  approved  by  the  President,  and  as 
from  time  to  time  amended. 

''  Person  "  means  a  natural  person,  a  corporation,  a  partnership, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankniptc}^,  a  receiver, 
oi-  other  entity. 

"  Employer  "  means  any  person  engaged  in  the  Subdivision,  either 
as  an  employer  of  labor  or  in  his  own  behalf. 


'  See  paragraph  2(4)   of  order  approving  this  Code. 

(499) 


500 

"  The  Act  "  means  Title  1  of  tlie  National  Industrial  Recovery  Act. 

"  The  President "  means  the  President  of  the  United  States. 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

"  Basic  Code  Authority  "  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Products  Industry  as  constituted  by  the  Code. 

"  Code  Authority  '"  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Sup})lemental  Code. 

''  Group  Code  Authority "  means  the  Code  Authority  for  any 
grou^D  or  product  classification  within  this  Subdivision,  constituted 
under  the  authority  of  Article  V  of  this  Supplemental  Code. 

"  Publish  "  means  to  make  available  to  all  interested  partie?. 

Article  III — Employmext  Provisions 

The  following  Articles  of  the  Code,  viz :  Article  III,  '"  Working 
Hours  ",  Article  IV,  "Wages  ",  and  Article  V,  "  General  Labor  Pro- 
visions ",  are  hereby  made  a  part  of  this  Supplemental  Code,  with  the 
same  effect  as  if  they  were  written  into  this  Supplemental  Code. 

Article  IV — Aix)ption  of  Provisions  of  Code 

The  following  Articles  of  the  Code,  viz :  Article  II.  "  Definitions  ",. 
Article  VI.  "Administration  ",  to  the  extent  that  they  shall  be  ap- 
plicable to  this  Supplemental  Code  as  such  or  as  it  may  hereafter 
be  administered  as  an  autonomous  Code,  are  hereby  adopted  and 
made  a  part  of  this  Sup])lemental  Code  with  the  same  effect  as  if 
they  were  written  into  this  Supplemental  Code. 

Article  V — Administration 

(a)  To  administer  and  supervise,  and  to  facilitate  the  performance 
of  the  j^rovisions  of  this  Supplemental  Code  there  shall  be  a  commit- 
tee connected  with  the  Subdivision  called  the  "  Code  Authority." 

During  the  period  not  to  exceed  sixty  days  following  the  effective 
date  of  this  Supplemental  Code  the  Executive  Committee  of  Appli- 
cant shall  constitute  a  temporaiy  Code  Authority.  The  Administra- 
tor may  appoint  one  additional  member  of  such  temporaiy  Code 
Authority  without  vote  and  without  expense  to  the  Subdivision. 

The  permanent  Code  Authority  shall  consist  of  five  members  who 
shall  be  connected  with  employers  within  the  Subdivision.  The 
Administrator  may  appoint  one  additional  member  without  vote 
and  without  expense  to  the  Subdivision.  The  permanent  Code  Au- 
thority shall  be  elected  at  a  meeting  of  employers  called  by  the 
temporary  Code  Authority  and  held  within  the  period  of  sixty  days 
following  the  effective  date  of  this  Supplemental  Code  and  shall 
succeed  the  temporary  Code  Authority.  Ten  days'  notice  of  such 
meeting  shall  be  sent  by  registered  mail  to  all  known  employers 
in  the  Subdivision  and  the  notice  shall  specificallj^  state  that  voting 
at  the  meeting  may  be  in  joerson  or  by  proxy. 

The  members  of  the  permanent  Code  Authority  shall  be  elected 
in  the  following  manner:  (1)  One  member  by  a  majority  vote  of 
employers  present  in  person  or  by  proxy,  each  employer  to  have  one 


501 

vote,  and  (2)  four  members  by  a  fifty-one  per  cent  vote  by  employers 
jjresent  in  person  or  by  prox}^  weighted  on  the  basis  of  one  vote  for 
each  $100,000  of  sales  of  products  of  the  Subdivision  made  in  the 
calendar  year  1932  as  reported  to  the  Secretary  of  Applicant,  but 
each  employer  who  reports  his  sales  shall  have  at  least  one  vote. 
No  two  members  of  Code  Authority  shall  be  representatives  of  the 
same  employer.  Any  vacancy  due  to  death  or  resignation  or  because 
a  member  thereof  has  ceased  to  be  connected  with  the  Subdivision 
shall  be  filled  at  a  meeting  of  employers  called  by  Code  Authority 
on  at  least  ten  days'  notice  by  registered  mail  sent  to  all  known 
emjjloyers  in  the  Subdivision  and  by  a  vote  similar  to  the  vote  by 
which  the  retired  member  was  originally  elected. 

The  Code  Authority  may  adopt  rules  and  regulations  for  its 
procedure  and  employ  such  personnel  as  it  may  deem  necessary. 

Any  employer  in  the  Subdivision  shall  be  eligible  for  membership 
in  Diesel  Engine  Manufacturers'  Association.  Any  employer  shall 
be  entitled  to  vote  at  the  election,  and  share  in  the  benefits  of  the 
activities,  of  the  Code  Authority,  and  participate  in  any  endeavors 
of  Applicant  or  the  Code  Authority  in  the  preparation  of  any  revi- 
sions of,  or  additions  or  supplements  to,  this  Supplemental  Code; 
but  each  such  employer  shall  pay  his  proper  pro  rata  share  of  the 
reasonable  cost  of  creating  and  administering  this  Supplemental 
Code,  as  determined  by  the  Code  Authority,  or  by  becoming  a 
member  of  Applicant. 

In  order  that  the  Code  Authority  or  any  Group  Code  Authority 
shall  at  all  times  be  truly  representative  of  the  Subdivision  and  in 
other  respects  comply  with  the  provisions  of  the  Act,  the  Admin- 
istrator ma}"  prescribe  such  hearings  as  he  may  deem  proper;  and 
thereafter  if  he  shall  find  that  the  Code  Authority  or  any  Group 
Code  Authority  is  not  truly  representative  or  does  not  in  othn-  re- 
spects comply  with  the  provisions  of  the  Act,  may  require  an  appro- 
priate modification  of  the  Code  Authority  or  of  any  Group  Code 
Authority. 

(b)  Code  Authority  shall  study  in  cooperation  with  such  recog- 
nized Governmental  agencies  as  the  Bureau  of  Standards,  classifica- 
tions, specifications,  and  standards  of  quality,  with  a  view  to  their 
recommendation  to  and  adoption  by  the  Subdivision. 

(c)  Employers  having  a  common  interest  and  common  problems 
may  be  grouj^ed  by  Code  Authority  for  administrative  purposes  into 
various  groups  or  product  classifications  and  report  of  such  group- 
ings shall  be  made  to  the  Administrator. 

In  each  group  or  product  classification  there  shall  be  a  Group 
Code  Authority  appointed  by  Code  Authority.  If  formal  complaint 
is  made  to  Code  Authority  that  any  of  the  provisions  of  this  Sup- 
plemental Code  have  been  violated  by  any  employer,  such  complaint 
shall  be  immediately  i-eported  to  the  proper  Group  Code  Authority, 
which  shall  investigate  the  complaint,  and  to  that  end  may.  to  the 
extent  permitted  by  the  Act,  cause  such  investigation,  examination, 
or  audit  to  be  made  as  may  be  deemed  necessary,  and  shall  report 
the  results  of  such  investigation,  examination  or  audit  to  Code 
Authority. 

(d)  The  Code  Authority  may  appoint  a  trade  practice  committee 
which  shall  meet  with  the  trade  practice  committees  appointed  under 


502 

such  other  codes  as  may  be  rehited  to  the  Subdivision  for  the  pur- 
pose of  formulating  fair  trade  practices  to  govern  the  rehitionships 
between  production  and  distribution  emplovers  under  this  code  and 
under  such  others  to  the  end  that  such  fair  trade  practices  may  be 
proposed  to  the  Administrator  as  amendments  to  this  Code  and 
such  other  codes. 

(e)  The  Cofle  Authority  shall  have  the  right  to  investigate  any 
complaint  regarding  any  transaction  coming  under  the  scope  of  this 
Supplemental  Code,  on  which  any  unfair  competition  is  alleged,  and 
to  that  end  may.  to  the  extent  permitted  by  the  Act,  cause  such 
examination  or  audit  to  be  made  as  nuiy  be  deemed  necessary  and  to 
report  any  such  alleged  violation  to  the  proper  authorities  for  action. 

AUTICLE    VI ACCOI'NTING    AND    CoSTING 

The  Code  Authorit}'  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of  use 
by  all  employers  of  the  Subdivision.  After  such  sj'^stem  and  methods 
have  been  formulated,  full  details  concerning  them  shall  be  made 
available  to  all  employers.  Thereafter  all  emi)loyers  shall  determine 
and/or  estinuite  costs  in  accordance  with  the  principles  of  such 
methods. 

Article  VII — Selling  Below  Reasonable  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  as  to  any  product  or  products  in  this  Subdivision  and 
that  the  cause  thereof  is  destructive  price-cutting  such  as  to  render 
ineffective  or  seriously  endanger  the  maintenance  of  the  provisions 
of  this  Supplemental  Code,  the  Code  Authority  may  cause  to  be 
determined  the  lowest  reasonable  cost  of  such  product  or  products 
of  this  Subdivision,  such  determination  to  be  subject  to  such  notice 
and  hearing  as  the  Administrator  may  require.  The  Administrator 
may  approve,  disapprove,  or  modify  the  determination.  There- 
after, during  the  period  of  the  emergency,  it  shall  be  an  unfair  trade 
practice  for  any  employer  of  the  Subdivision  to  sell  or  offer  to  sell 
any  product  or  products  of  the  Subdivision  for  which  the  lowest 
reasonable  cost  has  been  determined  at  such  prices  or  upon  such 
terms  or  conditions  of  sale  that  the  buyer  will  pay  less  therefor 
than  the  lowest  reasonable  cost  of  such  ])roducts. 

When  it  appears  that  conditicms  have  changed,  the  Code  Au- 
thority, upon  its  own  initiative  or  upon  the  request  of  any  interested 
party,  shall  cause  the  determination  to  be  reviewed. 

Section  2.  The  f(jregoing  Section  (1)  shall  not  apply  to  (a) 
dropped  lines,  or  (b)  seconds,  or  (c)  inventories  which  must  be 
converted  into  cash  to  meet  emergency  needs,  all  of  which  may  be 
dispo.sed  of  by  any  employer,  at  any  price  and  on  any  terms  or 
conditions,  but  only  if  such  employer,  not  less  than  two  weeks  be- 
fore such  pro})ose(l  dis])osal,  has  filed  with  Code  Authority  a  state- 
ment in  writing  setting  forth  the  facts  of,  and  reasons  for,  such 
I)roposed  disposal  and  the  price  and  terms  and  conditions  of  sale, 
and  Code  Authority  has  not,  (with  the  approval  of  the  Adrninis- 
trator),  before  the  termination  of  such  two  week  period,  in  writing, 
disapproved  the  proposed  disposal. 


503 

Section  3.  The  foregoing  Section  (1)  shall  not  apply  to  a  sale 
made  in  order  to  meet  competition  on  jDrodiicts  manufactured  out- 
side the  United  States.  For  such  disposal,  any  employer  may  sell, 
at  prices  and  on  terms  and  conditions  as  favorable  as  those  of  the 
competing  foreign  product,  but  only  if  he  has  first  reported  to  the 
Code  Authority  his  intention  so  to  sell,  and  the  facts  as  to  the  compe- 
tition which  justifies  such  action. 

For  the  purpose  of  gathering  statistical  data  for  the  determina- 
tion or  revision  of  a  lowest  reasonable  cost  under  this  Article  VII, 
the  Code  Authority  shall  have  power,  on  its  own  initiative,  or  on 
the  request  of  any  employer,  to  investigate,  to  the  extent  permitted 
by  the  Act,  any  price  or  the  terms  of  sale  and  payment  for  any 
product  or  products  of  this  Subdivision  manufactured  by  any  eni- 
j)loyer;  and,  for  the  pur]:)Ose  of  the  investigation  thereof,  to  require, 
to  the  extent  permitted  by  the  Act,  such  employer  to  furnish  such 
information  concerning  the  cost  of  manufacturing  and  selling  such 
product  or  products  as  the  Code  Authority  shall  deem  necessary  or 
proper  for  such  purpose. 

Article  VIII — Price  Lists 

(a)  If  and  when  the  Code  Authority  determines  that  in  any  group 
of  the  Subdivision  it  has  been  the  generally  recognized  practice  to 
sell  a  specified  product  on  the  basis  of  net  price  lists,  or  price  lists 
with  discount  sheets,  and  fixed  terms  of  sale  and  payment,  each 
emplo3'er  manufacturing  such  product  shall,  within  ten  (10)  days 
after  notice  of  such  determination,  file  with  the  Code  Authority,  a 
net  price  list,  or  a  price  list  and  discount  sheet,  as  the  case  may  be, 
individually  prepared  by  him,  showing  his  current  prices,  or  prices 
and  discounts,  and  terms  of  sale  and  payment,  and  the  Code  Author- 
ity shall  immediately  publish  and  send  copies  thereof  to  all  known 
employers  in  the  Subdivision  manufacturing  such  specified  product. 

Revised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  payment  may  be  filed  from  time  to  time  thereafter  with  the 
Code  Authority  by  any  employer  manufacturing  such  product,  but 
such  revised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  payment  shall  be  filed  with  the  Code  Authority  twenty  (20)  days 
in  advance  of  the  effective  date  specified.  The  Code  Authority  or 
the  proper  Group  Code  Authority  may  establish  a  shorter  period  at 
any  time,  provided  no  revisions  then  waiting  operative  date  shall 
be  affected  thereby.  Copies  of  such  revised  price  lists  and/or  dis- 
count sheets  and/or  terms  of  sale  and  payment  with  notice  of  the 
effective  date  specified,  shall  be  immediately  published  and  sent  to 
all  known  employers  in  the  Subdivision  manufacturing  such  prod- 
uct, any  of  whom  may  file,  if  he  so  desires,  to  become  effective  upon 
the  date  when  the  revised  price  list  and/or  discount  sheet  and/or 
terms  of  sale  and  payment  first  filed  shall  go  into  effect,  revisions 
of  his  price  lists  and/or  discount  sheets  and/or  terms  of  sale  and 
payment  establishing  prices  or  prices  and  discounts  not  lower  or 
terms  of  sale  and  payment  not  better  than  those  established  in  the 
revised  price  lists  and/or  discount  sheets  and/or  terms  of  sale  and 
payment  first  filed.^ 


See  parairraph  2   (1)   of  order  approving  this  Code. 
80835—34 27 


504 

(b)  If  and  when  the  Code  Authority  shall  determine  that  in  any 
group  of  the  Subdivision,  not  now  selling  its  product  on  the  basis 
of  price  lists,  with  or  without  discount  sheets,  with  fixed  terms  of 
sale  and  payment,  the  distribution  or  marketing  conditions  in  said 
group  are  the  same  as,  or  similar  to,  the  distribution  or  marketing 
conditions  in  a  group  of  the  Subdivision  where  the  use  of  price 
lists,  with  or  without  discount  sheets,  and  fixed  terms  of  sale  and 
payment,  is  well  recognized,  and  that  a  system  of  selling  on  net 
price  lists  or  price  lists  and  discount  sheets  with  fixed  terms  of 
sale  and  payment  should  be  put  into  effect  in  such  group,  then  each 
emi)loyer  numufacturing  the  product  or  products  of  such  group  shall 
within  twenty  (20)  days  after  notice  of  such  determination,  file  with 
the  Code  Authority  net  price  lists  or  price  lists  and  discount  sheets, 
containing  fixed  terms  of  sale  and  payment,  showing  his  current 
prices  and  discounts  and  terms  of  sale  and  payment,  and  such  price 
lists  and/or  discount  sheets  and/or  terms  of  sale  and  payment  shall 
be  published  and  sent  to  all  known  employers  in  the  Subdivision 
manufacturing  such  product,  and  ma}'  thereafter  be  revised  in  the 
manner  hereinabove  provided;  provided,  however,  that  the  Code 
Authority  shall  make  no  determination  to  place  any  product  of  the 
Subdivision  (not  now  on  a  price  list  basis)  on  a  price  list  basis, 
as  provided  in  this  paragi'aph  (b)  of  Article  VIII,  unless  affirmative 
consent  to  such  determination  is  given  by  a  66%  per  cent  vote  of  em- 
ployers in  the  Subdivision  who  are  at  that  time  engaged  in  manu- 
facturing such  product,  and  who  are  entitled  to  vote  pursuant  to 
the  provisions  of  Section  (a)  of  Article  V  hereof,  weighted  on  the 
basis  of  one  vote  for  each  $50,000  of  sales  of  products  of  the  Sub- 
division made  in  the  latest  previous  calendar  jenv  for  which  sta- 
tistics have  been  reported  to  Code  Authority,  provided,  however, 
that  each  employer  who  reports  his  sales  shall  have  at  least  one  vote. 

(c)  No  emplo3'er  shall  take  or  accept  in  trade  any  second-hand 
or  old  equipment  in  part  payment  for  new  equipment,  pi-ovided,  Iioav- 
ever.  that  this  paragraph  shall  not  be  construed  to  prohibit  the  return 
to  the  vendor  within  one  year  from  the  date  of  shipment  of.  and  the 
allowance  by  the  vendor  of  an}'  fair  adjustment  on,  any  product 
which  shall  not  have  met  the  specified  purposes  for  which  it  was 
sold.  Any  employer  may  assist  in  finding  a  bona  fide  buyer  for 
second-hand  or  old  equipment,  but  in  no  case  shall  he  guarantee 
any  particular  return  thereon  or  therefor.^ 

(d)  Each  employer  shall  prepare,  and  shall  furnish  the  Code 
Authority  for  distribution  with,  such  number  of  copies  of  his  price 
lists  and/or  discount  sheets  and  terms  of  sale  and  payment  as  Code 
Authority  may  require  for  administration  and  distribution. 

(e)  Xo  employer  shall  bid,  quote  or  sell  directly  or  indirectly  by 
any  means  whatsoever,  any  product  of  the  Subdivision  covered  by 
the  provisions  of  this  Article  VIII  at  a  price  or  at  discounts  or  on 
terms  of  sale  and  payment  different  from  those  provided  in  his  own 
current  net  price  lists,  or  price  lists  and  discount  sheets,  with  terms 
of  sale  and  payment. 

(f)  No  employer  shall  sell  to  or  through  any  broker,  jobber,  com- 
mission account  or  sales  agency,  (this  is  known  in  the  trade  as 
"  pooled  buying  ")  who  or  which  is  in  fact  an  agent  for  an  organiza- 


•  See  paragraph  2   (2)   of  order  approving  this  Code. 


505 

tion  of  retailers  or  industrial  consumers,  with  the  result  that  any 
retailer  or  industrial  consumer  secures  a  discount,  allowance  or  price 
different  from  the  discount,  allowance  or  price  provided  for  pur- 
chasers of  the  same  class  in  the  employer's  own  current  net  price 
lists  or  price  lists  with  discount  sheets.^ 

(g)  No  employer  shall  sell  to  or  through  any  distributor  who 
shall  fail  to  agree  to  resell  in  accordance  with  the  provisions  of 
Articles  VII,  VIII  and  IX  of  this  Supplemental  Code.* 

Article  IX — Unfair  Practices 

(a)  No  employer  shall  pay  or  allow  any  rebate,  credit,  subsidy  of 
discount,  in  money  or  otherwise,  with  intent  to  influence  any  sale; 
except  as  expressly  provided  in  written  quotations,  written  contracts 
or  invoices,  or  in  price  lists,  discount  sheets,  or  terms  of  payment 
filed  with  Code  Authority. 

(b)  No  employer  shall  pay  or  promise  to  pay  money,  or  give  or 
promise  to  give  any  valuable  thing,  to  any  agent,  fiduciar}',  or 
representative  with  or  without  the  knowledge  of  his  ])rincipal  for 
the  purpose  of  influencing  any  sale  to  his  principal.  This  commer- 
cial bribery  provision  shall  not  be  construed  to  prohibit  free  and 
general  distribution  of  articles  commonly  used  for  advertising  except 
so  far  as  such  articles  are  actually  used  for  commercial  bribery  as 
herein  defined. 

(c)  No  employer  shall  untruthfully  advertise,  represent  or  mark 
any  product  Avith  intent  to  deceive  or  mislead  prospective  purchasers. 

(d)  No  employer  owning  a  patent  or  trade  maik  shall  intimidate 
customers  of  alleged  infringers  of  such  patent  or  trade  mark  by 
threats  of  suit  not  made  in  good  faith. 

(e)  So  long  as  any  employer,  or  his  successor  in  business,  manu- 
facturing any  product  of  this  Subdivision  wdiich  bears  the  manu- 
facturer's name  or  trade  mark  and  which  has  required  special  design- 
ing, research  or  development  exj^ense  continues  to  make  and  supply 
sucli  spare,  repair  or  replacement  parts  for  such  product,  no  other 
employer  shall  supply  such  spare,  repair,  or  replacement  parts  for 
such  product  unless  (1)  the  name  of  the  actual  manufacturer  of  such 
parts  shall  be  plainly  marked  on  each  part,  or,  if  this  is  impracti- 
cable, on  the  package  or  tag,  and  (2)  in  catalogues,  price  lists, 
quoted  prices,  advertisements,  or  advertising  literature  the  ultimate 
user  shall  be  clearly  informed  that  such  parts  were  not  made  by 
the  original  manufacturer  of  the  product  for  which  such  parts  are 
supplied. 

(f )  No  employer  shall  furnish  to  any  purchaser  (except  the  United 
States  Government  and  the  owners  of  ocean  going  ships,  or  as  may 
be  required  by  the  American  Bureau  of  Shipping,  or  Lloyds)  and/or 
his  agents,  directly  or  indirectly,  detailed  shop  draAvings  of  the 
products  of  this  Subdivision,  without  filing  a  statement  of  such 
proposed  disposal  with  the  Code  Authority,  which  may  approve,  or, 
with  the  approval  of  the  Administrator,  may  disapprove  the  disposal 
within  twenty  days  by  written  notice  to  the  employers. 

(g)  No  employer  shall  disseminate  false  or  misleading  or  dis- 
})araging  information  relative  to  competitor's  products,  selling  prices, 


*  See  paragraph   (.">)   of  order  approving  tins  Code. 


5U6 

reputation,  credit  or  finam-ial  standing,  ability  to  perform  work  or 
make  deliveries. 

(li)  Xo  emplo3^er  shall  wilfully  interfere  by  any  means  or  device 
whatsoever  with  any  existing  commercial  contract  or  order  dealing 
with  the  production,  manufacture,  transportation,  purchase  or  sale 
of  any  product  of  the  Subdivision. 

Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  shall  not  apply  to  direct  export  sales  of  any  product.  A 
similar  exemption  may  be  granted  by  the  Code  Authority  as  to  sales 
of  any  product  destined  ultimateh^  for  export.  Unless  otherwise 
determined  by  the  Code  Authority,  the  term  *'  export "  shall  include 
all  shipments  to  all  places  without  the  several  states  of  the  United 
States  and  the  District  of  Columbia;  provided,  however,  that  no 
shipment  to  any  territory  or  possession  of  the  United  States  shall 
be  considered  as  export  when  any  employer  is  engaged  in  the 
Subdivision  in  such  territory  or  possession. 

Article  XI — Modifications  and  Termination 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  any  order,  approval,  license,  rule 
or  regulation  issued  under  Title  I  of  the  Act. 

(b)  Any  additions  to,  amendments,  revisions,  or  supplements  of, 
this  Supplemental  Code,  approved  by  a  66%  per  cent  vote  of  em- 
ployers in  the  Subdivision  who  are  entitled  to  vote  pursuant  to  the 
provisions  of  Section  (a)  of  xVrticie  V  hereof,  weighted  on  the 
basis  of  one  vote  for  each  $100,000  of  sales  of  products  of  the  Sub- 
division made  in  the  latest  previous  calendar  year  for  which  statis- 
tics have  been  reported  to  Code  Authority,  provided,  however,  that 
each  employer  who  reports  his  sales  shall  have  at  least  one  vote, 
shall  be  in  full  force  and  effect  upon  approval  by  the  Administrator. 

(c)  This  Supplemental  Code  shall  terminate  on  June  16,  1935,  or 
on  such  date  prior  thereto  when  the  Act  shall  be  repealed  or  the 
President  shall,  b^^  proclamation,  or  the  Congress  shall,  by  joint 
resolution,  direct  that  the  emergency  recognized  by  Section  1  of  the 
Act  has  ended. 

Article   XII — ^AVithdraaval 

As  is  provided  by  Article  IX  of  the  Code,  upon  thirty  days'  notice 
to  Basic  Code  Authority  and  to  the  Administrator,  this  Subdivision 
may,  upon  a  66%  per  cent  affirmative  vote  of  employers  in  the 
Subdivision  who  are  entitled  to  vote  pursuant  to  the  provisions  of 
Section  (a)  of  Article  V  hereof,  weighted  on  the  basis  of  one  vote 
for  each  $50,000  of  sales  of  products  of  the  Subdivision  made  in  the 
latest  previous  calendar  year  for  which  statistics  have  been  reported 
CO  Code  Authority,  provided,  however,  that  each  employer  who  re- 
ports his  sales  shall  have  at  least  one  vote,  withdraw  from  the 
jurisdiction  of  Basic  Code  Authority.  After  and  in  event  such  with- 
drawal is  accomplished,  this  Supplemental  Code,  together  with  the 
provisions  of  the  Code,  except  such  portions  of  Articles  I,  II,  VI 


507 

and  VII  as  are  not  pertinent  thereto,  as  determined  by  the  Code 
Authority  and  the  Administrator,  shall  become  and  be  the  Code 
governing  this  Subdivision,  and  the  Code  Authority,  shall  for  this 
Subdivision,  become  and  be  the  only  Code  Authority,  and  shall  per- 
form all  the  functions  with  respect  to  such  Code. 

Article  XIII — Monopolies 

The  Supplemental  Code  presented  by  it  is  not  designed  to  pro- 
mote monopoly,  and  shall  not  be  so  construed  or  applied  as  to  op- 
press or  eliminate  small  enterprises  or  discriminate  against  them, 
and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIV — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on 
all  persons  engaged  in  the  Subdivision  on  the  eleventh  day  after  its 
approval. 

Approved  Code  No.  347 — Supplement  No.  40. 
Registry  No.  1312-01. 


Approved  Code  No.  347 — Supplement  No.  38 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR   THE 

JACK  MANUFACTURING  INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving   Supplementary   Code  of   Fair   Competition    for  the 
Jack   Manufacturing    Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Jack  Manufacturing  Sub- 
division of  Machinery  and  Allied  Products  Industry,  and  hearings 
having  been  duly  held  thereon  and  the  annexed  report  on  said 
Supplemental  Code  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President  : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved  subject  to  the  following  conditions: 

(1)  That  the  provisions  of  Article  VIII,  Section  (a),  insofar  as 
they  prescribe  a  waiting  period  between  the  filing  with  the  Code 
Authority  and  the  effective  date  of  revised  price  lists  and/or  dis- 
count sheets  and/or  terms  of  sale  and  payment,  be  and  they  hereby 
are  stayed  pending  my  further  order; 

(2)  That  the  provisions  of  Article  VIII,  Section  (e)  be  and  they 
hereby  are  stayed  pending  the  submission  by  the  Subdivision  of  satis- 
factory evidence  to  the  Administrator  of  the  need  of  these  provisions 
in  the  sale  of  its  products ; 

(3)  That  the  provisions  of  Article  IX,  Section  5  be  and  they 
hereby  are  stayed  for  a  period  of  fifteen  (15)  days,  then  to  become 

(509) 


510 

effective  unless  I  by  my  further  order  otherwise  direct ;  within  which 
time  cause  may  be  shown,  if  any  there  be,  why  the  above  provisions 
should  not  become  effective ;  and 

(4)  That  the  provisions  of  Article  IX,  Sections  6  and  7  be  and 
they  are  hereby  stayed  pending  my  further  Order. 

Hugh  S.  Johnson, 
AdTninistrator  for  Industrial  Recovery. 

Approval  recommended : 
Babton  W.  Murray, 

Division  Adininisti^ator. 

Washington,  D.C, 

August  i,  1931^. 


EEPORT  TO  THE  PKESIDENT 

The  President, 

The  White  House. 
Dear  Sir:  This  is  a  report  on  the  Supplemental  Code  of  Fair 
Competition  for  the  Jack  Maniifactiirinfr  Subdivision  of  Machinery 
and  Allied  Products  Industry,  a  Public  Hearing  on  which  was  held 
in  Washington,  D.C.,  on  December  21,  1933.  The  Hearing  was 
conducted  in  full  accordance  with  the  provisions  of  Title  I  of  the 
National  Industrial  Recovery  Act. 

GENERAL   STATEMENT 

The  Jack  Manufacturing  Subdivision  being  representative  of  the 
manufacturers  of  the  products  defined  in  Article  II  of  the  Supple- 
mental Code,  has  elected  to  formulate  and  submit  a  Supplemental 
Code  of  Fair  Competition  as  provided  in  the  second  paragraph  of 
Article  I  of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  approved  by  you  on  the  seventeenth  day 
of  March,  1934. 

The  Jack  Manufacturing  Subdivision  means  the  manufacture  for 
sale  of  jacks  and  parts  thereof  used  generally  in  the  construction, 
railroad,  mining,  and  general  industrial  field,  exclusive  of  automotive 
jacks,  and  includes  all  those  engaged  in  such  manufacture  for  sale. 

ECONOMIC   EFFECT 

This  Subdivision  has  been  severely  affected  by  the  depression. 
This  is  evidenced  by  the  steady  decline  in  annual  sales  from  $2,419,000 
in  1929  to  $516.000"in  1932,  or  78.7  per  cent.  Sales  for  the  first  seven 
months  of  1933  were  estimated  at  $345,000. 

In  1929  this  Subdivision  employed  293  factory  workers,  which 
total  declined  to  105  in  the  second  quarter  of  1933,  or  64%,  and 
increased  to  approximately  160  as  of  October  15,  1933. 

Approximately  26%  of  the  factory  workers  were  working  more 
than  40  hours  per  week  during  the  week  of  June  15,  1933.  The 
average  work  week  declined  from  47.5  hours  in  1929  to  28.0  hours 
as  of  June  15,  1933,  then  increased  to  30.5  hours  as  of  October  15, 
1933. 

Approximately  17.5  per  cent  of  the  total  factory  workers  employed 
as  of  June  15,  1933,  were  receiving  less  than  40  cents  per  hour;  14.4 
per  cent  were  receiving  less  than  38  cents  per  hour ;  and  5.6  per  cent 
were  receiving  less  than  32  cents  per  hour. 

The  wage  provisions  for  the  Subdivision,  which  is  operating  under 
the  Code  of  the  Machinery  and  Allied  Products  Industry,  provide 
that  employees  engaged  in  plant  operations  shall  be  paid  as  follows : 
(1)   in  cities  of  more  than  50.000  population  and  their  immediate 

(511) 


512 

vicinity,  40  cents  per  hour;  (2)  in  cities  of  more  than  10,000  but  not 
more  than  50,000  popuhition  and  their  innnediate  vicinity,  which 
cities  are  not  in  the  immediate  vicinity  of  a  cit}^  of  more  than  50,000 
popuhition,  38  cents  per  hour;  (3)  in  cities  of  10,000  popuhition  or 
less  and  their  innnediate  vicinity,  which  cities  are  not  in  the  imme- 
diate vicinity  of  a  city  of  more  than  10,000  population,  36  cents  per 
hour,  except  that  employees  engaged  in  plant  operations  in  all  local- 
ities in  the  states  of  Virginia,  North  Carolina,  South  Carolina, 
Georgia,  Florida,  Tennessee,  Alabama,  Mississippi,  Arkansas,  Louisi- 
ana, Texas,  and  Oklahoma,  shall  be  paid  not  less  than  32  cents  per 
hour. 

"When  females  do  substantially  the  same  work  as  males  or  replace 
males,  they  shall  receive  the  same  pay.  However,  no  female  em- 
ployee shall  be  paid  less  than  87y2%  of  the  proper  rate  for  the 
locality  in  wdiich  emploj^ed. 

Employees  other  than  those  engaged  in  plant  operations  shall 
receive  not  less  than  $15.00  per  week. 

Office  boj's  and  girls  and  apprentices  shall  be  paid  not  less  than 
80%  of  the  minimum  wage. 

This  Sui)i)lemental  Code  provides  that  no  person  under  sixteen 
years  of  age  shall  be  emploj'ed  in  this  Subdivision. 

RESUME  OF  SUPPLEMENTAL  CODE 

Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  applicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code. 

Article  III  provides  for  the  adoption  of  the  employment  provi- 
sions of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry  as  approved  by  you  March  seventeenth,  1934,  and 
as  from  time  to  time  amended. 

Article  IV  provides  for  the  adoption  of  Articles  II,  VI  and  VIII 
of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied  Prod- 
ucts Industry  in  accordance  with  the  condition  of  this  Article  govern- 
ing their  adoption. 

Article  V  provides  for  the  establishment  of  the  Code  Authority 
and  defines  its  pow'ers  and  duties. 

Article  VI  provides  for  an  accounting  system  and  methods  of  cost 
finding  and/or  estimating. 

Article  VII  provides  that  no  products  shall  be  sold  or  exchanged 
below  a  reasonable  cost  Mhen  the  Code  Authority  determines  that 
an  emergency  exists. 

Article  VIII  provides  for  methods  of  setting  up,  revising,  and 
filing  price  lists  and  discount  sheets  and  terms  of  sale  and  payment. 

Article  IX  sets  fortli  trade  practices  for  the  Subdivision. 

Article  X  establishes  that  no  provision  of  this  Supplemental  Code 
relating  to  pricing  and  marketing  shall  a))j)ly  to  export  trade. 

Article  XI  establishes  that  all  provisions  of  this  Supplemental 
Code  are  expressly  made  subject  to  the  right  of  the  President  in 
accordance  with  Subsection  (b)  of  Section  10  of  the  Act,  from  time 
to  time  to  cancel  or  modify  any  order,  apjn-oval,  license,  rule  or 
regulation  issued  under  said  Act.  Provision  is  also  made  that  modi- 
fications may  be  submitted  by  the  Code  Authority. 


513 

Article  XII  provides  means  for  withdrawal  of  this  Subdivision 
from  the  Basic  Code  and  its  continuance  as  an  autonomous  Code. 

Article  XIII  establishes  that  no  provision  of  this  Supplemental 
Code  shall  be  so  applied  as  to  permit  monopolies  and  monopolistic 
practices  or  to  eliminate,  oppress,  or  discriminate  against  small 
enterprises. 

Article  XIV  states  the  effective  date  of  this  Supplemental  Code. 

FIX  DINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supplemental  Code  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter : 

I  find  that : 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Kecovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  connnerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  Avelfare  by  promoting  the  organiza- 
tion of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  b}^  otherwise  rehabilitating  industry. 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000 
employees;  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  (3),  Subsection  (a)  of 
Section  T,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  association  representative  of  the  aforesaid 
Subdivision;  and  that  said  association  imposes  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  tliem. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplemental  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code,  provided  that  certain  provisions  relating  to  price  publication, 
trade  practices  and  product  sale  are  stayed  as  stated  in  the  Order. 
Respectfully, 

Hugh  S.  Johnson, 

Administrato7\ 
August  1,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  C0:MPETITI0X  FOR 
THE  JACK  MANUFACTURING  INDUSTRY 

A    DIVISION    OF   THE   MACHINERY   AND   ALLIED   PHODICTS   INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial 
Recovery  Act.  the  followin<>'  provisions  are  establislied  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Jack  Manufacturing  Sub- 
division of  the  Machinery  and  Allied  Products  Industry,  and  to- 
gether with  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  sluiU  be  the  standard  of  fair  competi- 
tion for  this  Subdivision,  and  shall  be  binding  on  every  employer 
therein. 

Article  II — Definitions 

'' A pplicmit "'  means  the  Jack  Manufacturing  Association,  a  trade 
organization,  all  members  of  which  are  engaged  in  the  manufacture 
for  sale  of  the  products  of  the  Jack  Manufacturing  Subdivision 
of  the  Machinery  and  Allied  Products  Industry. 

"  Industry  "  means  the  Machinerv  and  Allied  Products  Industry, 
as  defined  in  its  Code  as  approved  by  the  President,  and  as  such 
definition  may  from  time  to  time  be  amended. 

"  Subdivision  "  means  the  Jack  Manufacturing  Subdivision  of  the 
Machinery  and  Allied  Products  Industry  as  defined  and  set  forth 
in  paragraph  16  of  Article  II  of  the  Code  of  Fair  Competition  for 
the  Machinery  and  Allied  Products  Industry  as  follows: 

"  Jack  Manufacturing  Subdivision  means  the  manufacture  for 
sale  of  jacks  and  parts  thereof  used  generally  in  the  construction, 
railroad,  mining,  and  general  industrial  field,  exclusive  of  automo- 
tive jacks,  and  includes  all  those  engaged  in  such  manufacture  for 
sale." 

•'  Code  "  means  the  Code  of  Fair  Competition  for  the  Machinery 
and  Allied  Products  Industry  as  approved  by  the  President  March 
17,  1934,  and  as  from  time  to  time  amended. 

"  Person "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankruptcy,  a  receiver 
or  other  entity. 

''  Enij)loyer  "'  means  any  person  engaged  in  this  Subdivision  either 
on  his  own  behalf  or  as  an  employer  of  labor. 

'•  Emfloyee  "'  means  any  one  who  is  employed  in  the  Subdivision 
by  any  such  Employer. 

"  The  Act "  means  Title  I  of  the  National  Industrial  Recovery 
Act. 

"  The  President "  means  the  President  of  the  United  States. 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

(514) 


515 

^^  Basic  Code  Aufhorif}/'^  means  the  Code  Authority  for  the 
Machinery  and  Allied  Products  Industry  as  constituted  by  the  Code, 

"  Code  Authoi^ty  "  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Supplemental  Code. 

"  Group  Code  Authority "  means  the  Code  Authority  for  any 
group  or  product  classification  within  this  Subdivision. 

"  Publish  "  means  to  make  available  to  the  public. 

Article  III — Employment  Provisions 

The  followino-  Articles  of  the  Code,  viz:  Article  III,  "Working 
Hours  " ;  Article  IV,  "  Wages  '■ ;  and  Article  V,  "  General  Labor  Pro- 
visions "  are  hereby  made  a  part  of  this  Supplemental  Code,  with 
the  same  effect  as  if  they  were  written  into  this  Supplemental  Code. 

Article  IV — Adoption  of  Other  Provisions  of  Code 

The  following  Articles  of  the  Code,  viz :  Article  II,  "  Definitions '', 
Article  VI,  "Administration  ",  to  the  extent  that  they  shall  be  appli- 
cable to  this  Supplemental  Code  as  such  or  as  it  may  hereafter  be 
administered  as  an  autonomous  Code;  and  Article  VIII,  "Modifica- 
tions and  Termination  ",  are  hereby  adopted  and  made  a  part  of 
this  Supplemental  Code,  Avitli  the  same  effect  as  if  they  were  written 
into  this  Supplemental  Code. 

Article  V — Administration 

(a)  A  Code  xVuthority  for  this  Subdivision  is  hereby  constituted 
to  administer  and  supervise  and  to  facilitate  the  enforcement  of  the 
Code  and  of  this  Supplemental  Code  in  the  manner  and  to  the 
extent  provided  in  the  Code  and  in  this  Supplemental  Code. 

(b)  During  a  period  not  to  exceed  sixty  (60)  days  following  the 
effective  date  and  pending  the  election  of  the  permanent  Code  Au- 
thority, the  executive  committee  of  the  Applicant  shall  constitute  a 
temporary  Code  Authority. 

(c)  This  Subdivision,  having  held  an  election  for  permanent  Code 
Authority  under  the  provisions  of  the  Code  of  Fair  Competition  for 
the  Machinery  and  Allied  Products  Industry,  the  Code  Authority 
so  elected  shall  constitute  the  first  permanent  Code  Authority  for 
this  Subdivision  if  this  method  of  election  meets  with  the  approval 
of  the  Administration.  If  this  method  of  election  does  not  meet  with 
the  approval  of  the  Administration  then  the  provisions  hereinbelow 
provided  shall  apply  for  the  election  of  the  first  permanent  Code 
Authority.  For  elections  after  the  first,  the  provisions  of  this  Sup- 
plemental Code  for  election  of  a  permanent  Code  Authority  shall 
apply. 

(d)  The  Api)licant  shall,  by  written  notice  mailed  (registered) 
to  all  employers  known  to  the  Applicant  after  a  reasonably  dili- 
gent search,  call  a  meeting  of  employers  to  be  held  "'vithin  sixty  (60) 
days  after  the  effective  date  for  the  purpose  of  adopting  procedural 
rules  and  regulations  for  the  election,  organization  and  operation  of 
the  ])ermanent  Code  Authority  and  electing  a  permanent  Code  Au- 
thority^, which  shall  consist  of  not  less  than  three  nor  more  than 


516 

five  member?:,  ihc  Administrator  may.  in  his  discretion,  appoint  one 
additional  member  (without  vote  and  without  expense  to  the  Indus- 
try). The  permanent  Code  Authority  so  elected  and  appointed  shall 
succeed  the  temporary  Code  Authority. 

(e)  Anj^  employer  shall  be  entitled  to  vote  at  the  election  of  the 
permanent  Code  Authority  and  at  other  meetings  of  employers  and 
share  in  the  benefits  of  the  activities  of  Code  Authority  and  par- 
ticipate in  any  endeavors  of  Code  Authority  in  the  preparation  of 
any  amendments  or  revisions  of,  or  additions  or  supplements  to  this 
Sui)plemental  Code  by  paying  or  agreeing  to  pay,  as  and  when 
assessed,  his  proper  pro  rata  share  of  the  reasonable  cost  of  creating 
and  administering  this  Supplemental  Code  as  determined  by  Code 
Authority,  which  is  to  be  comi)uted  on  the  basis  of  the  number  of 
employees,  or  on  any  other  equitable  basis.  If  the  employee  basis  is 
used,  the  average  number  of  persons  employed  by  each  employer, 
for  assessment  purposes,  sliall  be  fixed  by  the  Code  Authority  prior 
to  the  beginning  of  each  fiscal  year,  based  upon  the  average  number 
of  persons  employed  during  the  preceding  calendar  year,  and  such 
figures  shall  not  be  changed  during  the  fiscal  year  for  which  fixed. 

(f)  Action  by  employers  in  any  Subdivision  meeting  for  the  elec- 
tion of  Code  Authority  shall  be  by  vote  of  the  employers  entitled  to 
vote  as  provided  in  Section  (e)  of  this  Article  V,  each  such  em- 
ployer to  have  one  vote  only.  Action  by  employers  in  any  Subdi- 
vision meeting  for  the  adoption  of  procedural  rules,  revisions  or 
additions  to  the  Supplemental  Code,  or  the  transaction  of  other  busi- 
ness of  the  Subdivision  under  this  Supplemental  Code,  shall  be  by 
vote  of  the  emploj^ers  in  the  Subdivision  who  are  entitled  to  vote 
thereat,  as  provided  in  Section  (e),  Article  V  of  the  Supplemental 
Code  and  are  present  in  person  or  by  proxy  duly  executed  and  filed 
M'ith  Code  Authority;  cast  and  computed  in  the  manner  provided  in 
Section  (d).  Article  VI  of  the  Code.  All  questions  as  to  the  number 
of  votes  which  each  employer  shall  be  entitled  to  cast  at  any  meeting 
of  employers  other  than  the  meeting  held  to  vote  for  the  election  of 
the  permanent  Code  Authority  shall  be  determined  by  Code  Author- 
ity, in  accordance  with  Section  (d).  Article  VI  of  the  Code. 

(g)  Employers  in  this  Subdivision  liaving  a  common  interest 
and  common  problems  may  be  grouped  by  Code  Authority  for 
administrative  pur]:>oses.  There  shall  be  a  Group  Code  Authority 
approved  or  appointed  by  Code  Authority  for  each  such  group. 

(h)  In  order  that  the  Code  Authority  sliall  at  all  times  be  truly 
representative  of  the  Subdivision  and  in  otiier  respects  comply  with 
the  provisions  of  the  Act,  the  Administrator  may  provide  such 
hearings  as  he  may  deem  proper;  and  thereafter  if  he  shall  find 
that  the  Code  Authority  i.s  not  truly  representative  or  does  not  in 
other  respects  comply  with  the  provisions  of  the  Act,  may  require 
an  ap])ropriate  modification  of  the  Code  Authority. 

(i)  If  formal  complaint  is  made  to  Code  Authority  that  provisions 
of  this  Sup])lemental  Code  have  been  violated  Ijy  any  employer. 
Code  Authority  or  the  }iroper  Group  Code  Authority  may  investi- 
gate such  complaint  and,  to  the  extent  permitted  by  the  Act,  cause 
such  investigation  or  audit  to  be  made,  as  may  be  deemed  necessary. 
If  such  investigation  or  audit  is  made  by  or  for  Group  Code  Au- 
thority it  shall  report  the  result  of  such  investigation  or  audit  to 
Code  Authority  for  action. 


517 

(j )  The  Code  Authority  may  appoint  a  Trade  Practice  Committee 
which  shall  meet  with  the  Trade  Practice  Committees  appointed 
under  such  other  Codes  as  may  be  related  to  the  Industry,  for  the 
purpose  of  formulating  fair  trade  practices  to  govern  the  relation- 
ships between  production  and  distribution  employers  under  this 
Supplemental  Code  and  under  such  others  to  the  extent  that  such 
fair  trade  practices  may  be  proposed  to  the  Administrator  as  amend- 
ments to  this  Supplemental  Code  and  such  other  codes. 

(k)  Except  as  otherwise  provided  in  the  Act,  all  individual  sta- 
tistics, data  and  information  filed  in  accordance  with  the  provisions 
of  the  Code  shall  be  kept  confidential,  except  with  the  consent  of 
the  member  filing  such  statistics  or  data  as  to  his  individual  sta- 
tistics. The  statistics,  data,  and  information  of  one  employer  shall 
not  be  revealed  to  any  other  employer,  except  that  for  the  purpose 
of  administering  or  enforcing  the  provisions  of  this  Code,  Code 
iluthority,  by  its  duly  authorized  representatives  (who  shall  not  be 
an  employer  or  in  the  employ  of  any  employer  affected  by  this 
Code),  shall  have  access  to  any  and  all  statistics,  data,  and  infor- 
mation that  may  be  furnished  in  accordance  with  the  provisions  of 
this  Code. 

Article  VI — Accounting  and  Costing 

The  Code  Authority  may  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of  use 
by  all  employers  of  the  Subdivision.  After  such  system  and  meth- 
ods have  been  formulated,  full  details  concerning  them  shall  be 
made  available  to  all  employers.  Thereafter  all  employers  shall 
determine  and/or  estimate  costs  in  accordance  with  the  principles 
of  such  methods. 

Article  VII — Selling  Below  Reasonable  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  in  this  Subdivision  and  that  the  cause  thereof  is  de- 
structive price-cutting  such  as  to  render  ineffective  or  seriously 
endanger  the  maintenance  of  the  provisions  of  this  Supplemental 
Code,  the  Code  Authority  may  cause  to  be  determined  the  lowest 
reasonal)le  cost  of  the  products  of  this  Subdivision,  such  determina- 
tion to  be  subject  to  such  notice  and  hearing  as  the  Administrator 
may  require.  The  Administrator  may  approve,  disapprove,  or 
modify  the  determination.  Thereafter,  during  the  period  of  the 
emergency,  it  shall  be  an  unfair  trade  practice  for  any  employer  of 
the  Subdivision  to  sell  or  offer  to  sell  any  products  of  the  Subdivi- 
sion for  which  the  lowest  reasonable  cost  has  been  determined  at 
such  prices  or  upon  such  terms  or  conditions  of  sale  that  the  buyer 
will  pay  less  therefor  than  the  lowest  reasonable  cost  of  such  product. 

"When  it  appears  that  conditions  have  changed,  the  Code  Author- 
ity, upon  its  own  initiative  or  upon  the  request  of  any  interested 
party,  shall  cause  the  determination  to  be  reviewed. 

Section  2.  The  foregoing  Section  1  shall  not  apply  to  dropped 
lines  wliich  may  be  disposed  of  by  any  employer  at  any  price  and 
on  any  terms  or  conditions,  but  only  if  such  employer,  not  less  than 
two  weeks  before  such  proposed  disposal,  has  filed  with  Code  Au- 


518 

thority  a  statement  in  writing  setting  forth  the  facts  of,  and  reasons 
for,  such  proposed  disposal  and  the  price  and  terms  and  conditions  of 
sale,  and  Code  Authority  has  not,  (with  the  approval  of  the  Admin- 
istrator), before  the  termination  of  such  two  Aveek  period,  in  writing, 
disapproved  the  proposed  disposal.  Notice  of  such  disposal,  if  not 
disapprovetl.  shall  be  sent  immediately  to  all  employers  manufactur- 
ing prochicts  of  equivalent  design,  character,  quality  or  specifications, 
who  ma,v  sell  such  products  at  prices  and  on  terms  and  conditions  as 
favorable  as  those  stipulated  in  the  proposed  disposal,  when  meeting 
the  competition  of  such  proposed  disposal. 

Section  3.  The  foregoing  Section  1  shall  not  apply  to  a  sale  made 
in  order  to  meet  competition  on  products  manufactured  outside  the 
United  States.  For  such  disposal,  any  employer  may  sell,  at  prices 
and  on  terms  and  conditions  as  favorable  as  those  of  the  competing 
foreign  product,  but  only  if  he  has  first  reported  to  the  Code  Au- 
thority his  intention  so  to  sell,  and  the  facts  as  to  the  competition 
which  justifies  such  action. 

Article  VIII — Price  Lists 

(a)  If  and  when  Code  Authority  determines  that  in  any  group 
of  the  Subdivision  it  has  been  the  generally  recognized  practice  to 
sell  a  specified  product  on  the  basis  of  net  price  lists,  or  price  lists 
with  discount  sheets,  and  terms  of  sale  and  payment,  each  employer 
engaged  in  the  manufacture  of  such  product  shall,  within  ten  (10) 
days  after  notice  of  such  determination,  file  with  Code  Authority  a 
net  price  list,  or  a  price  list  with  discount  sheet,  as  the  case  may  be, 
individually  prepared  by  him,  shoAving  his  current  prices,  or  prices 
and  discounts,  and  terms  of  sale  and  payment  for  such  specified 
product,  and  Code  Authority  shall  immediately  publish  and  send 
copies  thereof  to  all  known  employers  who  are  cooperating  under  this 
Supplemental  Code  as  described  in  Article  V  (e)  and  engaged  in  the 
manufacture  of  such  specified  products. 

Kevised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  payment  may  be  filed  from  time  to  time  thereafter  with  the  Code 
Authority  by  any  such  employer,  to  become  operative  upon  the  date 
specified  therein,  but  such  revised  price  lists  'ancl/or  discount  sheets 
and/or  terms  of  sale  and  payment  shall  be  filed  with  the  Code 
Authority  ten  (10)  days  in  advance  of  the  operative  date.  Copies 
thereof,  with  notice  of  the  operative  date  specified,  shall  be  imme- 
diately published  and  sent  to  all  employers  cooperating  under  this 
Supplemental  Code  as  described  in  Article  V  (e),  any  of  whom  may 
file,  if  he  so  desires,  revisions  of  his  price  lists  and/or  discount  sheets 
and/or  terms  of  sale  and  payment,  which  shall  become  effective  upon 
the  date  when  the  revised  price  list  and/or  discount  sheets  and/or 
terms  of  sale  and  payment  first  filed  shall  go  into  effect.  Each  em- 
ployer shall  prepare  and  furnish  the  Code  Authority  for  distribu- 
tion with  such  number  of  copies  of  his  price  lists  and/or  discount 
sheets  and  terms  of  sale  and  payment  as  Code  Authority  may 
prescribe.^ 

(b)  If  and  when  Code  Authority  shall  determine  that  in  any 
group  of  the  Subdivision  not  now  selling  its  product  on  the  basis 

1  See  paragraph  2  (1)  of  order  approving  this  Code. 


519 

of  price  lists,  with  or  without  discount  sheets,  with  terms  of  sale  and 
payment,  the  distribution  or  marketing  conditions  in  the  group  are 
the  same  as,  or  similar  to,  the  distribution  or  marketing  conditions 
in  a  group  where  the  use  of  price  lists,  with  or  without  discount 
sheets  and  terms  of  sale  and  payment  is  well  recognized,  and  that 
a  system  of  selling  on  net  price  lists  or  price  lists  and  discount  sheets 
with  terms  of  sale  and  payment  for  such  specified  product  should 
be  put  into  effect  in  such  group,  then  each  employer  in  such  group 
shall  within  twenty  (20)  days  after  notice  of  such  deternrlnation, 
file  with  Code  Authority  net  price  lists  or  price  lists  and  discount 
sheets,  with  terms  of  sale  and  payment,  showing  his  prices  and  dis- 
counts and  terms  of  sale  and  payment,  and  such  price  lists  and/or 
discount  sheets  and/or  terms  of  sale  and  payment  may  be  thereafter 
revised  in  the  manner  hereinbefore  provided ;  and  such  methods  of 
pricing  and  revisions  thereof  shall  be  "  published  and  sent  "  as  de- 
scribed in  Article  VIII  (a)  ;  provided  that  Code  Authority  shall 
make  no  determination  to  place  any  product  of  the  Subdivision  (not 
now  on  a  price  list  basis)  on  a  price  list  basis,  as  provided  in  this 
Section  unless  affirmative  consent  to  such  determination  is  given  by 
a  66%%  vote  of  employers  who  are  at  that  time  cooperating  under 
this  Supplemental  Code  as  described  in  Article  V  (e),  and  are 
engaged  in  manufacturing  such  product.  The  eligibility  require- 
ments, method,  and  effect  of  such  voting  shall  be  the  same  as  is  pro- 
vided by  Article  V. 

(c)  For  the  purpose  of  gathering  statistical  data  for  the  determi- 
nation or  revision  of  a  lowest  reasonable  cost  under  Article  VII,  the 
Code  Authorit}'  shall  have  power,  on  its  own  initiative,  or  on  the 
request  of  any  employer,  to  investigate,  to  the  extent  permitted  by 
the  Act,  any  price  or  the  terms  of  sale  and  payment  for  any  product 
shown  in  any  price  list  and/or  discount  sheet  filed  with  the  Code 
Authority  by  any  employer;  and,  for  the  purpose  of  the  investiga- 
tion thereof,  shall  appoint  competent  representatives  who  shall  not 
be  an  employer  or  in  the  employ  of  any  empioj'er  affected  by  the 
Code;  and  also  to  require,  to  the  extent  permitted  by  the  Act,  such 
employer  to  furnish,  under  restrictions  as  provided  in  the  two  para- 
graphs of  Section  (f).  Article  VI  of  the  Code,  such  information 
concerning  the  cost  of  manufacturing  and  selling  such  product  as 
the  Code  Authority  shall  deem  necessary  or  proper  for  such  purpose. 

(d)  No  employer  shall  sell  directly  or  indirectly  by  any  means 
Avhatsoever,  any  ])roduct  of  the  Subdivision  covered  by  provisions 
of  this  Article  VIII  at  a  price  or  at  discounts  or  on  terms  of  sale 
and  payment,  different  from  those  provided  in  his  own  current  net 
price  lists,  or  price  lists  and  discount  sheets,  and  terms  of  sale  and 
payment;  except  a,'^  provided  in  Article  VII,  Sections  2  and  3. 

(e)  No  employer  shall  evade  any  provision  of  this  Code  by  selling 
to  or  through  any  dealer,  jobber,  distributor  or  other  selling  agency 
which  shall  fail  to  agree  to  resell  in  accordance  with  the  provisions  of 
Articles  VII,  VIII  and  IX  of  this  Supplemental  Code.- 

Article  IX — Unfair  Trade  Practices 

Each  of  the  following  acts  and  practices  is  deemed  to  be  inimical 
to  the  best  interests  of  the  Subdivision,  and  of  the  public,  and  each  is, 

2  See  paragraph  2  (2)   of  order  approving  this  Code. 
80835—34 28 


520 

therefore,  hereby  dechired  to  be,  and  to  constitute,  an  unfair  method 
of  competition,  and  is  hereby  prohibited,  viz : 

1.  The  secret  offering  or  making  by  any  employer  of  any  payment 
or  allowance  of  a  rebate,  refund,  commission  credit,  unearned  dis- 
count or  excess  allowance,  whether  in  the  form  of  money  or  other- 
wise, nor  sliall  any  employer  secretl}'  offer  or  extend  to  any  customer 
any  special  service  or  privilege  not  extended  to  all  customers  of  the 
same  class,  for  the  purpose  of  influencing  a  sale. 

2.  The  giving  by  any  employer  or  permitting  to  be  given,  or 
directly  offering  to  give,  anything  of  value  for  the  purpose  of 
influencing  or  rewarding  the  action  of  any  employee,  agent,  or 
representative  of  another  in  relation  to  the  business  of  the  employer 
of  such  employee,  the  i)rir,ci])al  of  such  agent  or  the  represented 
party,  without  the  knowletlge  of  such  employer,  principal,  or  party. 
This  provision  shall  not  be  construed  to  prohibit  free  and  general 
distribution  of  articles  commonly  used  for  advertising  except  so  far 
as  such  articles  are  actually  used  for  conunercial  bribery  as  herein- 
above defined. 

3.  The  i)ublishing  of  advertising  (whether  printed,  radio,  display 
or  of  any  other  nature),  which  is  misleading  or  inaccurate  in  any 
material  particular,  nor  shall  any  employer  in  any  way  misrepresent 
any  goods  (including  but  without  limitation  its  use,  trade-mark, 
grade,  quality,  quantity,  origin,  size,  substance,  character,  nature, 
finish,  material,  content  or  preparation)  or  credit  terms,  values, 
policies,  services,  or  the  nature  or  form  of  the  business  conducted. 

4.  The  defamation  of  competitors,  by  falsely  imputing  to  them 
dislionorable  conduct,  inability  to  perform  contracts,  questionable 
credit  standing,  or  by  other  misrepresentations  with  the  tendency 
and  capacity  to  mislead  and  deceive  purchasers  or  prospective 
purchasers. 

5.  Any  discrimination  between  purchasers,  by  the  sale  of  any  arti- 
cles having  a  published  price  and  discounts,  at  any  price  and  dis- 
counts other  than  the  seller's  ])ublished  price  and  discounts,  by 
means  of  direct  or  indirect  price  concessions,  or  by  means  of  any 
privilege  not  extended  to  purchasers  of  the  same  class  generally.^ 

6.  The  selling  to,  or  through  any  broker,  commission  account  or 
sales  agency,  wdio  or  which  is  in  fact  an  agent  for  an  organization 
of  industrial  consumers,  with  the  result  that  any  industrial  con- 
sumer secures  a  discount,  allowance  or  price  other  than  the  dis- 
count, allowance  or  price  provided  for  purchasers  of  the  same  class 
in  the  employer's  own  current  net  price  lists  or  price  lists  with 
discount  sheets.* 

7.  The  taking  in  trade  or  accepting  in  trade  any  second-hand  or 
old  equipment  in  part  payment  for  new.  provided,  however,  that  this 
provision  shall  not  be  construed  to  ]3rohibit  in  any  way  the  return 
within  six  months  of  the  date  of  shipment,  to  the  Vendor  and  the 
allowance  of  any  fair  adjustment  thereon  by  the  Vendor  of  any 
product  which  shall  not  meet  the  ])urposes  for  which  it  was  sold. 
Any  emj^loyer  may,  however,  assist  in  finding  a  bona  fide  buyer  for 
said  equipment  but  shall  in  no  case  take  any  financial  interest  in  it.'* 

8.  The  indulging  in  destructive  price  cutting. 


•See  paragraph  2(3)  of  order  approving  this  Code. 
*  See  pariigrapli  2(4)   of  order  approving  this  Code. 


521 

Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  shall  not  apply  to  direct  export  sales  of  any  product.  A 
similar  exemption  may  be  granted  by  the  Code  Authority  as  to 
sales  of  an}'  product  destined  ultimately  for  export.  The  term 
^'  export  "  shall  include  all  shipments  to  all  places  without  the  sev- 
eral states  of  the  United  States  and  the  District  of  Columbia ;  pro- 
vided, however,  that  no  shipment  to  any  territory  or  possession  of 
the  United  States  shall  be  considered  an  export  when  any  employer 
is  engaged  in  the  Subdivision  in  such  territory  or  possession. 

Article  XI — Modifications 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  anj^  order,  approval,  license, 
rule  or  regulation  issued  under  Title  I  of  the  Act. 

(b)  Any  amendments,  additions,  revisions,  or  supplements  of  this 
Sup]:)lemental  Code,  proposed  by  Code  Authority,  and  authorized 
by  the  affirmative  vote  of  66%%  of  the  employers  shall  be  in  full 
force  and  effect  upon  approval  by  the  President.  The  eligibility 
requirements,  method  and  effect  of  such  voting  shall  be  the  same  as 
provided  by  Article  V  hereof. 

Article  XII — Withdrawal 

Upon  thirty  days  notice  to  the  Basic  Code  Authority  and  to  the 
Administrator,  this  Subdivision  may.  upon  the  concurring  affirmative 
vote  of  employers  within  the  said  Subdivision  entitled  to  cast  two- 
thirds  or  more  of  all  the  votes  that  might  be  cast  by  all  employers 
within  the  Subdivision  entitled  to  vote  thereon,  withdraw  from  the 
jurisdiction  of  the  Basic  Code  Authority.  The  eligibility  of  voters 
and  the  method  and  effect  of  such  voting  shall  be  in  accordance 
with  the  provisions  of  Article  V  hereof.  After  and  in  the  event  such 
withdrawal  is  accomplished  this  Supplemental  Code,  together  with 
the  provisions  of  the  Code,  shall  become  and  be  the  sole  code  govern- 
ing this  Subdivision,  and  the  Code  Authority  shall  for  this  Sub- 
division, become  and  be  the  sole  Code  Authority  and  shall  perform 
all  the  functions  with  respect  thereto. 

Article  XIII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Supplemental  Code  presented  by  it  is  not 
designed  to  promote  monopoly,  and  shall  not  be  so  construed  or 
applied  as  to  oppress  or  eliminate  small  enterprise  or  discriminate 
against  them,  and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIV — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on  all 
persons  engaged  in  the  Subdivision  on  the  eleventh  da}^  after  its 
approval. 

Approved  Code  No.  347 — Supplement  No.  38. 
Eegistrj  No.  1399-42. 


Approved  Code  No.  347 — Supplement  No.  39 
SUPPLEMENTARY   CODE   OF   FAIR  COMPETITION 

FOR    THE 

RAILWAY  APPLIANCE  MANUFACTURING 
INDUSTRY 

As  Approved  on  August  1,  1934 


ORDER 


Approving  Supplementary    Code   of   Fair   Competition    tor   the 
Railway  Appliance  Manufacturing  Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Railway  Appliance  Manu- 
facturing Subdivision  of  Machinery  and  Allied  Products  Industry 
and  hearings  having  been  duly  held  thereon  and  the  annexed  report 
on  said  Supplemental  Code,  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved  subject  to  the  following  conditions: 

(1)  That  the  provisions  of  Article  VIII,  Section  (a)  insofar  as 
they  prescribe  a  vvaiting  period  between  the  filing  with  the  Code 
Authority  (or  such  agency  as  may  be  designated  in  the  Supplemental 
Code)  and  the  effective  date  of  price  lists,  as  originally  filed  and/or 
revised  price  lists  or  revised  terms  and  conditions  of  sale,  be  and 
they  hereby  are  stayed  pending  my  further  order ; 

(2)  That  the  provisions  of  Article  VIII,  Section  (e)  be  and  they 
hereby  are  stayed  pending  the  submission  of  satisfactory  evidence 
concerning  distribution  of  the  products  of  the  Subdivision  to  the 
Administrator ; 

(523) 


524 

(3)  That  the  provisions  of  Article  IX,  Section  7  be  and  they^ 
hereby  are  staved  for  a  period  of  fifteen  (15)  days;  within  which 
time  cause  may  be  shown,  if  any  there  be,  why  the  above  provisions 
shoiikl  not  become  effective;  and 

(4)  That  the  provisions  of  Article  IX,  Sections  6  and  8  be  and 
they  hereby  are  stayed  pending  my  further  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  1,  193 Jf.. 


EEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplemental  Code  of  Fair  Competi- 
tion for  the  Raihvay  Appliance  Manufacturing  Subdivision  of  the 
Machinery  and  Allied  Products  Industry,  Public  Hearing  having 
been  conducted  thereon  in  Washington,  D.C.,  December  21,  1933,  in 
accordance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act. 

GENERAL   STATEMENT 

The  Railway  Appliance  Manufacturers  Association  being  repre- 
sentative of  the  manufacture  of  the  products  defined  in  Article  II 
of  the  Supplemental  Code,  has  elected  to  formulate  and  submit  a 
Supplemental  Code  of  Fair  Competition  as  provided  in  Article  I  of 
the  Code  of  Fair  Competition  for  the  Machinery  and  Allied  Prod- 
ucts Industry,  approved  by  3^ou  on  the  seventeenth  day  of  March, 
1934. 

The  Railway  Appliance  Manufacturing  Subdivision  means  the 
manufacture  for  sale  of  railway  hand  cars,  push  cars,  velocipede 
cars,  motor  cars  and  special  appliances  thereof,  locomotive  water 
cranes  and  parts  thereof,  and  includes  all  those  engaged  in  such 
manufacture  for  sale. 

ECONOMIC   EFFECT 

This  Subdivision  has  been  affected  by  the  depression  and  the  ill 
effect  may  be  attributed  to  the  fact  that  this  Subdivision  depends  to 
a  large  degree  on  the  railroads  as  a  market  for  its  products. 

Production  dropped  from  $4,740,000  in  1929  to  $1,210,000  in  1933, 
a  decrease  of  74.5  per  cent. 

Employment  totaled  875  persons  in  1929  as  against  450  in  1933, 
a  loss  of  48.5  per  cent. 

Total  payrolls  amounted  to  $1,361,000  in  1929  and  but  $350,000 
in  1933,  a  decline  of  74.2  per  cent. 

By  June  1933,  average  hours  per  man  per  week  for  factory  work- 
ers had  decreased  34.4  per  cent;  average  earnings  per  man  per  week 
had  decreased  50.4  per  cent. 

The  President's  Reemployment  Agreement  effected  increases  in 
employment  and  payrolls.  Substantial  business  improvement  is  ex- 
pected in  1934  because  of  governmental  loans  to  the  railroads  for 
purchase  of  maintenance  of  way  equipment. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter: 

(525) 


526 

I  fiml  that: 

(a)  Saiel  Sui)plemental  Code  is  "vvoll  designed  to  promote  the  poli- 
cies and  purposes  of  Title  I  of  the  Xatioiial  Industrial  Recovery  Act, 
including  removal  of  obstructions  to  the  free  flow  of  interstate  and 
foreign  commerce  which  tend  to  diminish  the  amount  thereof  and 
will  provide  for  the  general  welfare  by  promoting  the  organization 
of  industry  for  the  purpose  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  governmental  sanctions  and  supervi- 
sion, b}'  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temiDorarily  required),  by  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry, 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000  em- 
ployees; and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  industrial  association  representative  of 
the  aforesaid  Subdivision;  and  that  said  association  imposes  no 
inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  wall  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplemental  Code, 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code;  on  condition  that  certain  provisions  are  stayed,  as  stated  in 
the  Order. 

Respectfully, 

Hugh  S,  Johnson, 

Admi7iistrator. 
Washington,  D,C., 

August  1,  193  Jf.. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 
FOR  THE  RAILWAY  APPLIANCE  MANUFACTURING 
INDUSTRY 

A  DmSION  OF  THE  MACHINERY  AND  ALLIED  PRODUCTS  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  polic}^  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Railway  Appliance  Manu- 
facturing Subdivision  of  the  Machinery  and  Allied  Products  Indus- 
try, and  taken  together  with  the  Code  of  Fair  Competition  of 
Machinery  and  Allied  Products  Industry,  to  which  it  is  a  Supple- 
ment, shall  be  the  standard  of  fair  competition  for  this  Subdivision, 
and  shall  be  binding  on  each  employer  therein. 

Article  II — Definitions 

"Applicant "  means  the  Railway  Appliance  Manufacturers  Asso- 
ciation, a  trade  organization,  all  members  of  which  are  engaged  in 
the  manufacture  for  sale  of  the  products  of  the  Railway  Appliance 
Manufacturing  Subdivision  of  the  Machinery  and  Allied  Products 
Industry. 

"  Industry  "  means  the  Machinery  and  Allied  Products  Industry, 
as  defined  in  its  Code  of  Fair  Competition  as  approved  by  the  Presi- 
dent, March  17,  1934,  and  as  such  definition  may  from  time  to  time 
be  amended. 

"  Subdivision  "  means  the  Railway  Appliance  Manufacturing  Sub- 
division of  the  Machinery  and  Allied  Products  Industry  as  defined 
and  set  forth  in  Article  II  of  the  Code  of  Fair  Competition  of  the 
Machinery  and  Allied  Products  Industry  as  follows: 

"  Railway  Appliance  Manufacturing  Subdivision  means  the  manu- 
facture for  sale  of  railway  hand  cars,  push  cars,  velocipede  cars, 
motor  cars  and  special  appliances  thereof,  locomotive  water  cranes 
and  parts  thereof,  and  includes  all  those  engaged  in  such  manufacture 
for  sale." 

"  Code  "  means  the  Code  of  Fair  Competition  of  the  Machinery 
and  Allied  Products  Industry,  as  approved  by  the  President,  March 
17,  1934,  and  as  from  time  to  time  amended. 

"  Person  "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankruptcy,  a  receiver 
or  other  entity. 

"  Employer  "  means  any  person  engaged  in  this  Subdivision  of  the 
Industry  either  on  his  own  behalf  or  as  an  employer  of  labor. 

"  Employee  "  means  any  one  who  is  employed  in  the  Subdivision 
by  any  such  Employer. 

(527) 


528 

"  The  Act  "  means  Title  I  of  the  National  Industrial  Recovery  Act. 

"•  The  President  ""  means  the  President  of  the  United  States. 

"The  Administrator"  means  the  Achninistrator  for  Industrial 
Recovery. 

"  Basic  Code  Authority "  means  the  Code  Authority  for  the 
Machinery  and  Allied  Products  Industry  as  constituted  by  the  Code. 

""  Code  Authority  "  means  the  Code  Authority  constituted  for  this 
Subdivision,  as  provided  by  the  Code  and  by  this  Supplemental 
Code. 

"  Publish  "  means  to  make  available  to  any  interested  party. 

Article  III — Employment  Provisions 

The  following  Articles  of  the  Code,  viz :  Article  III,  "  Working 
Hours";  Article  IV,  "Wages";  and  Article  V,  "General  Labor 
Provisions  ",  are  hereby  made  a  part  of  this  Supplemental  Code, 
with  the  same  eflfect  as  if  thev  were  written  into  this  Supplemental 
Code. 

Article  IV — Adoption  of  Other  Provisions  or  Code 

The  following  Articles  of  the  Code,  viz :  Article  II,  "  Definitions  " 
and  Article  VI,  "  Administration  ",  to  the  extent  that  they  shall  be 
applicable  to  the  administration  of  this  Supplemental  Code  as  such 
or  as  it  may  hereafter  be  administered  as  an  autonomous  Code,  and 
Article  VIII,  "  JModifications  and  Termination";  are  hereby  mad(^ 
a  part  of  this  Supplemental  Code,  with  the  same  effect  as  if  they 
were  written  into  this  Supplemental  Code. 

Article  V — Administration 

(a)  A  Code  Authority  for  this  Subdivision  is  hereby  constituted 
to  administer,  supervise  and  facilitate  the  enforcement  of  the  Code 
and  of  this  Supplemental  Code  in  the  manner  and  to  the  extent 
provided  in  the  Code  and  in  this  Supplemental  Code. 

(b)  During  a  period  not  to  exceed  sixty  (60)  days  following 
the  effective  date  and  pending  the  election  of  the  permanent  Code 
Authority,  the  executive  Comnnttee  of  the  Applicant  shall  constitute 
a  temporary  Code  Authority. 

(c)  This  Subdivision,  having  held  an  election  for  permanent  Code 
Authority  under  the  provisions  of  the  Code  of  Fair  Competition 
for  the  Machineiy  and  Allied  Products  Industry,  the  Code  Author- 
ity so  elected  shall  constitute  the  first  permanent  Code  Authority 
for  this  Subdivision,  if  this  method  of  election  meets  with  the  ap- 
proval of  the  Administration.  If  this  method  of  election  does  not 
meet  with  the  approval  of  the  Administration,  then  the  provisions 
hereinbelow  provided  shall  apply  for  the  election  of  the  first  per- 
manent Code  Authority.  For  elections  after  the  first,  the  provisions 
of  this  Code  for  election  of  a  permanent  Code  Authority  shall  apply. 

The  Applicant  shall,  by  written  notice  mailed  to  all  employers 
known  to  the  Applicant,  call  a  meeting  of  employers,  to  be  held 
within  sixty  (60)  days  after  the  effective  date  for  the  purpose  of 
electing  a  permanent  Code  Authority  which  shall  consist  of  three 
members,  and  one  additional  member  to  be  elected  in  any  fair  man- 


529 

ner  with  the  approval  of  the  Administrator  bj'^  employers  in  this 
Subdivision,  entitled  to  vote  thereon,  as  provided  below,  who  are  not 
members  of  the  Applicant,  if  so  desired  by  such  non-members.  In 
voting  for  Code  Authority  each  employer  shall  be  entitled  to  cast 
one  vote,  in  person  or  by  duly  authorized  proxy.  The  Adminis- 
trator may,  in  his  discretion,  appoint  one  additional  member  (with- 
out vote  and  without  expense  to  the  Subdivision).  The  permanent 
Code  Authority  so  elected  and  appointed  shall  supersede  the  tem- 
porary Code  Authority  and  members  of  which  will  hold  office  for 
5uch  periods  as  shall  be  specified  in  the  Code  Authority  By-Laws. 

Any  vacancy  on  the  Code  Authority  due  to  death,  resignation,  or 
becaubC  a  member  thereof  has  ceased  to  be  connected  with  this  Sub- 
division shall  be  filled  at  a  meeting  of  employers  called  by  the  Code 
Authority  on  at  least  ten  days'  notice  by  registered  mail  sent  to  all 
known  employers  in  this  Subdivision,  and  in  a  manner  similar  to 
the  manner  in  which  the  retired  member  was  originally  elected. 

(d)  Any  employer  shall  be  entitled  to  vote  at  the  election  of  the 
permanent  Code  Authority  and  at  other  meetings  of  employers  and 
share  in  the  benefits  of  the  activities  of  Code  Authority  and  may 
participate  in  any  endeavors  of  Code  Authority  in  the  preparation 
of  any  amendments  or  revisions  of,  or  additions  or  supplements  to 
this  Supplemental  Code  by  paying  or  agreeing  to  pay  his  proper 
pro-rata  share  of  the  reasonable  cost  of  administering  this  Supple- 
mental Code  as  determined  by  Code  Authority. 

(e)  If  formal  complaint  is  made  to  Code  Authority  that  pro- 
visions of  this  Supplemental  Code  have  been  violated  by  any  em- 
ployer. Code  Authority  may  cause  such  investigation  or  audit  to  be 
made,  to  the  extent  permitted  by  the  Act,  as  may  be  deemed 
necessary. 

(f)  The  Code  Authority  may  aj^point  a  Trade  Practice  Com- 
mittee which  shall  meet  with  tlie  Trade  Practice  Committees  ap- 
pointed under  such  other  Codes  as  may  be  related  to  the  Subdivision 
for  the  ]jurp{)se  of  formulating  fair  trade  practices  to  govern  the 
relationships  between  production  and  distribution  employers  under 
this  Supplemental  Code  and  under  such  others  to  the  extent  that  such 
fair  trade  practices  may  be  proposed  to  the  Administrator  as 
amendments  to  this  Supplemental  Code  and  such  other  Codes. 

Article  VI — Accounting  and  Costing 

The  Code  Authority  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating,  capable  of 
use  by  all  employers  of  the  Subdivision.  After  such  system  and 
methods  have  been  formulated,  full  details  concerning  them  shall 
be  made  available  to  all  employers.  Thereafter  all  employers  shall 
determine  and/or  estimate  costs  in  accordance  Avith  the  principles 
of  such  methods. 

Article  VII — Selling  Bel<^w  Reasonable  Cost 

When  the  Code  Authority  determines  that  an  emergency  exists  in 
this  Subdivision,  and  that  the  cause  thereof  is  destructive  price- 
cutting  such  as  to  render  ineffective  or  seriously  endanger  the  mainte- 


530 

nance  of  the  provisions  of  this  Supplemental  Code,  the  Code  Au- 
thority may  cause  to  be  determined  the  lowest  reasonable  cost  of  the 
products  of  this  Subdivision,  such  determination  to  be  subject  to 
such  notice  and  hearing  as  the  Administrator  may  require.  The 
Administrator  may  approve,  disapprove,  or  modify  the  determina- 
tion. Thereafter,  durintj  the  period  of  emerirency,  it  shall  be  an 
unfair  trade  practice  for  any  employer  of  tlie  Subdivision  to  sell  or 
offer  to  sell  any  products  of  the  Subdivision  for  which  the  lowest 
reasonable  cost  has  been  determined  at  such  prices  or  upon  such  terms 
or  conditions  of  sale  that  the  buyer  will  pay  less  therefor  than  the 
lowest  reasonable  cost  of  such  products. 

"When  it  appears  that  conditions  have  changed,  the  Code  Au- 
thority, upon  its  own  initiative  or  upon  the  request  of  any  interested 
party,  shall  cause  the  determination  to  be  reviewed. 

Article  VIII — Price  Lists 

(a)  If  and  when  the  Code  Authority  of  this  Subdivision  deter- 
mines that  in  any  branch  or  group  of  the  Subdivision  it  has  been 
the  generally  recognized  practice  to  sell  a  specified  product  on  the 
basis  of  net  price  lists,  or  price  lists  with  discount  sheets,  and  terms 
of  sale  and  j)ayment,  each  employer  shall,  within  ten  (10)  days  after 
notice  of  such  determination,  file  with  the  Code  Authority  a  net 
price  list,  or  a  price  list  and  discount  sheet,  as  the  case  may  be, 
individually  prepared  by  him,  showing  his  current  prices,  or  prices 
and  discounts,  and  terms  of  sale  and  payment,  for  such  specified 
product,  and  the  Code  Authority  shall  immediately  publish  them 
and  send  copies  thereof  to  all  known  employers  who  are  cooperating 
in  this  Supplemental  Code  as  described  in  Section  (d)  of  x\rticle  V 
hereof. 

lie  vised  price  lists  and/or  discount  sheets  and/or  terms  of  sale 
and  payment  for  such  product  may  be  filed  from  time  to  time  there- 
after with  the  Code  Authority  by  any  employer  but  such  revised 
price  lists  and/or  discount  sheets  and  or  terms  of  sale  and  payment 
shall  be  filed  with  the  Code  Authority  ten  (10)  days  in  advance  of 
the  effective  date.  Copies  of  such  revised  price  lists  and/or  discount 
sheets  and/or  terms  of  sale  and  payment,  for  such  product,  with 
notice  of  the  effective  date  specified,  shall  be  immediately  publishod 
and  sent  to  ail  known  employers  who  are  cooperating  in  this  Sup- 
i:)lemental  Code  as  described  in  Section  (d)  of  Article  V  hereof, 
any  of  Avhom  may  file,  if  he  so  desires,  to  become  effective  upon  the 
date  when  the  revised  price  list  and /or  discount  sheet  and/or  terms 
of  sale  and  payment  first  filed  shall  go  into  effect,  revisions  of  his 
price  lists  and/or  discount  sheets  and  terms,  of  sale  and  payment 
establishing  prices  or  prices  and  discounts.^ 

(b)  If  and  when  the  Code  Authority  shall  determine  that  in  any 
branch  or  group  of  the  Subdivision  not  now  selling  its  product  on 
the  basis  of  price  lists,  with  or  Avithont  discount  sheets,  with  terms 
of  sale  and  payment,  the  distribution  or  marketing  conditions  in 
said  branch  or  group  are  the  same  as,  or  similar  to,  the  distribution 
or  marketing  conditions  in  a  branch  or  group  of  the  Subdivision 
where  the  use  of  price  lists,  with  or  without  discount  sheets,  and 


1  See  paragraph  2  (1)  of  order  approving  this  Code. 


531 

terms  of  sale  and  payment,  is  well  recognized,  and  that  a  system 
of  selling  on  net  price  lists  or  price  lists  and  discount  sheets  with 
terms  of  sale  and  payment  for  such  product  should  be  put  into 
effect  in  such  branch  or  group,  then  each  employer  of  such  branch 
■or  group  shall  within  ten  (10)  daj^s  after  notice  of  such  determina- 
tion, file  with  the  Code  Authority  net  price  lists  or  price  lists  and 
discount  sheets,  containing  terms  of  sale  and  payment,  showing  his 
current  prices  and  discounts  and  terms  of  sale  and  payment,  and 
such  price  lists  and/or  discount  sheets  and/or  terms  of  sale  and 
payment  may  be  thereafter  revised  in  the  manner  hereinabove  pro- 
vided, and  such  methods  of  pricings  and  revisions  thereof  shall  be 
"published  and  sent"  as  described  in  Article  VIII  (a);  provided, 
however,  that  the  Code  Authority  shall  make  no  determination  to 
place  any  product  of  the  Subdivision  (not  noAv  on  a  price  list  basis) 
on  a  price  list  basis,  as  provided  in  this  paragraph  (b)  of  Article 
VIII,  unless  the  employers  who  are  at  that  time  engaged  in  manu- 
facturing such  product  and  are  at  that  time  cooperating  in  this 
Code,  have  given  their  affirmative  consent  to  such  determination. 
"The  eligibility  requirements,  method,  and  effect  of  such  voting  shall 
be  the  same  as  provided  in  Article  V. 

(c)  Each  employer  shall  prepare  and  furnish  the  Code  Authority 
for  distribution  with  such  number  of  copies  of  his  price  lists  and/or 
discount  sheets  and  terms  of  sale  and  payment  as  Code  Authority 
.may  prescribe. 

(d)  No  employer  shall  sell  directly  or  indirectly  by  any  means 
whatsoever,  any  product  of  the  Subdivision  covered  by  provisions 
of  this  Article  VIII  at  a  price  or  at  discounts,  or  on  terms  of  sale 
.and  payment  different  from  those  provided  in  his  own  current  net 
price  lists,  or  price  lists  and  discount  sheets,  provided  that  nothing 
in  the  above  shall  prevent  an  employer  from  adding  to  his  own  price 
:and/or  price  list  and  discount  sheets  by  increasing  his  job  price 
to  include  unusual  selling,  engineering,  servicing,  financing,  financial 
risks,  or  other  similar  special  charges. 

(e)  No  employer  shall  evade  any  provision  of  this  Code  by  sell- 
ing to  or  through  any  dealer,  jobber,  distributor  or  other  selling 
.agency  which  shall  fail  to  agree  to  resell  in  accordance  with  the 
provisions  of  Articles  VII.  VIII  and  IX  of  this  Supplemental  Code.^ 

Article  IX — Trade  Practices 

Each  of  the  following  acts  and  practices  is  deemed  to  be  inimical 
to  the  best  interests  of  this  Subdivision,  and  of  the  public,  and  each 
is,  therefore,  hereby  declared  to  be,  and  to  constitute,  an  unfair 
method  of  competition  and  is  hereby  prohibited,  viz : — 

1.  No  employer  shall  engage  in  destructive  price  cutting. 

2.  No  employer  shall  secretly  offer  or  make  any  payment  or  allow- 
ance of  a  rebate,  refund,  commission  credit,  unearned  discount  or 
excess  allowance  whether  in  the  form  of  money  or  otherwise,  nor 
shall  an  employer  secretly  offer  or  extend  to  any  customer  any  special 
service  or  privilege  not  extended  to  all  customers  of  the  same  class, 
for  the  purpose  of  influencing  a  sale. 

3.  No  employer  shall  give,  permit  to  be  given,  or  offer  to  give, 
anything  of  value  for  the  purpose  of  influencing  or  rewarding  the 


2  See  paragraph  2   (2)   of  order  approving  this  Code. 


532 

action  of  any  emplo3^ee,  agent  or  representative  of  another  in  rela^ 
tion  to  the  business  of  the  employer  of  such  empk>vee,  the  principal 
of  such  ajrent  or  the  represented  party,  witliout  the  knowkxlge  of 
such  enii>loyer,  principal  or  party.  This  provision  shall  not  be  con- 
strued to  prohibit  free  and  general  disti'ibution  of  articles  commonly 
used  for  advertising  except  so  far  as  such  articles  are  actually  used 
for  commercial  bribery  as  hereinabove  defined. 

4.  Xo  employer  shall  publish  advertising  (whether  printed,  radio, 
display,  or  of  any  other  nature),  which  is  misleading  or  inaccurate 
in  any  material  particular,  nor  shall  any  employer  in  any  Avay  mis- 
represent any  goods  (including  but  without  limitation  its  use,  trade- 
mark, grade,  quality,  quantity,  origin,  size,  substance,  character, 
nature,  finish,  material,  content  or  preparation),  or  credit  terms,  val- 
ues, policies,  services,  or  the  nature  or  form  of  the  business  conducted. 

5.  No  employer  shall  publish  or  circulate  unjustified  or  unwar- 
i-anted  threats  of  legal  proceedings,  which  tend  to.  or  have  the  effect 
of  harassing  competitors  or  intimidating  their  customers. 

6.  Xo  employer  shall  take  in  trade  or  accept  in  trade  any  second- 
hand or  old  equipment  in  i)art  payment  for  new,  provided,  however, 
that  this  provision  shall  not  be  construed  to  prohibit  in  any  Avay 
the  return  witliin  six  months  of  tlie  date  of  shipment,  to  the  vendor 
and  the  allowance  of  any  fair  adjustment  thereon  by  the  vendor  of 
any  product  which  shall  not  meet  the  purposes  for  which  it  was 
sold.  Any  emploj^er  may,  hoAvever,  assist  in  finding  a  bona  fide 
buyer  for  said  equipment  but  shall  in  no  case  take  any  financial 
interest  in  it.^ 

7.  So  long  as  the  maker  of  any  jn-oduct  of  this  Subdivision  bear- 
ing the  maker's  name  or  trademark,  which  has  required  special  de- 
signing, research  or  development  expense  (or  his  successor  in  busi- 
ness) continues  to  make  and  supply  such  .spare,  repair  and  replace- 
ment ])arts  therefor,  supplying  re]:)air  parts  for  such  product  of 
this  Subdivision  unless  the  name  of  the  maker  of  such  repair  parts 
shall  be  plainly  marked  on  each  part  (or  if  this  is  impracticable  on 
the  package  or  tag)  so  that  the  ultimate  user  is  clearly  informed 
by  such  markings  on  parts,  packages,  tags  and  in  catalogues,  price 
lists,  quoted  prices,  of  such  parts  that  said  parts  were  not  made  hy 
the  original  maker  of  the  i)roducts  of  the  employers  of  this  Sub- 
division.* 

8.  No  employer  shall  furnish  to  any  purchaser,  and  or  his  agents 
directly  or  indirectly  detailed  drawings,  of  the  products  of  this 
Subdivision,  without  filing  a  statement  of  such  proposed  transaction,, 
with  the  Code  Authority  which  shall  approve  or  wnth  the  approval 
of  the  Administrator  disapprove  the  transaction  within  ten  (10) 
days  by  written  notice  to  the  employer.' 

9.  Xo  employer  shall  defame  a  competitor  by  falsely  imputing^ 
to  him  dishonoraljle  conduct,  inability  to  perform  contracts,  ques- 
tionable credit  standing,  or  by  other  false  representations,  or  by 
falsely  disparaging  the  grade  or  quality  .of  his  goods. 

10.  Xo  employer  shall  willfully  induce  or  attempt  to  induce  the 
breach  of  existing  contracts  between  competitors  and  their  customers 
by  any  false  or  deceptive  means,  or  interfere  Avith  or  obstruct  the 

'See  paragraph  2   (4)   of  order  approving  tliis  Code. 
*See  paragraph  2    (3)   of  order  approving  this  Code. 


533 

performance  of  any  such  contractual  duties  or  services  by  any  such 
means,  with  the  purpose  and  effect  of  hampering,  injuring  or  em- 
barrassing competitors  in  their  business. 

Article  X — Sales  for  Export 

No  provisions  of  this  Supplemental  Code  relating  to  prices  or 
terms  of  selling,  shipping,  or  marketing,  shall  apply  to  any  export 
trade  or  sales  or  shipments  for  export  trade.  "  Export  Trade  "  shall 
be  as  defined  in  the  Export  Trade  Act  adopted  April  10,  1918. 

Article  XI — Modifications 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  any  order,  approval,  license,  rule 
or  regulation  issued  under  Title  I  of  the  Act. 

(b)  The  provisions  of  this  Supplemental  Code,  other  than  those 
required  by  the  Act  to  be  included  therein,  may,  with  the  approval 
of  the  President,  be  from  time  to  time  amended,  revised,  added  to 
or  supplemented. 

Article  XII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Supplemental  Code  presented  by  it  is  not 
designed  to  promote  monopoly,  and  shall  not  be  so  construed  or 
applied  as  to  oppress  or  eliminate  small  enterprises  or  discriminate 
against  them  and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIII — Withdrawal 

Upon  thirty  (30)  days'  notice  to  Basic  Code  Authority  and  to  the 
Administrator,  this  Subdivision  may,  upon  the  concurring  affirma- 
tive vote  of  employers  within  this  Subdivision  entitled  to  cast  two- 
thirds  or  more  of  all  the  votes  that  might  be  cast  by  all  emploj^ers 
within  the  Subdivision  entitled  to  vote  thereon,  withdraw  from  the 
jurisdiction  of  Basic  Code  Authority.  The  eligibility  of  voters  shall 
be  in  accordance  with  Article  V,  Section  (d)  of  this  Supplemental 
Code  and  the  method  and  effect  of  such  voting  shall  be  in  accordance 
with  Article  VI,  Section  (d)  of  the  Code.  Thereafter  this  Supple- 
mental Code,  together  with  the  ])rovisions  of  the  Code,  except  such 
portions  of  Articles  I,  II,  VI,  and  VII  as  are  not  pertinent  thereto, 
as  determined  by  the  Code  Authority  and  the  Administrator  shall 
become  the  Code  governing  such  former  Subdivision,  and  its  Code 
Authority  shall  become  and  be  the  sole  Code  Authority  and  shall 
perform  all  the  functions  thereof  with  respect  to  such  Code. 

Article  XIV — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on 
all  employers  in  this  Subdivision  on  the  eleventh  day  after  its 
approval  by  the  President. 

Approved  Code  No.  347 — Supplement  No.  39. 
Registry  No.  1414-06. 


Approved  Code  No.  347 — Supplement  No.  41 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR   THE 

HYDRAULIC  MACHINERY  INDUSTRY 

As  Approved  on  August  2,  1934 


ORDER 


Approving  Supplementary  Code  of  Fair  Competition  for  the 
Hydraulic  Machinery  Industry 

A  division  of  the  machinery  and  allied  products  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Indus- 
trial Recovery  Act,  approved  June  10,  1983,  for  approval  of  a 
Supplemental  Code  of  Fair  Competition  for  the  Hydraulic  Ma- 
chinery Subdivision  of  Machinery  and  Allied  Products  Industry, 
and  hearings  having  been  duly  held  thereon  and  the  annexed  report 
on  said  Supplemental  Code  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act ;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved  subject  to  the  following  condition : 

(1)  That  the  provisions  of  Article  VIII,  Section  2  (a)  be  and  they 
hereby  are  stayed  pending  my  further  order. 

Hugh  9f.  Johnson, 
Adtninistratoi'  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  2,  193 If. 

80835—34 29  (535) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplemental  Code  of  Fair  Competi- 
tion for  the  Hydraulic  Machinery  Subdivision  of  Machmery  and 
Allied  P.-oducts  Industry,  a  Public  Hearing  on  which  was  held  in 
AVashington,  D.C,  on  Deceuiber  21,  1938,  The  Hearing  was  con- 
ducted in  full  accordance  with  the  provisions  of  Title  I  of  the 
National  Industrial  Recovery  Act. 

GENERAL    STATEMENT 

The  Hydraulic  Machinery  Subdivision,  being  truly  representative 
of  the  manufacturers  of  the  products  defined  in  Article  II  of  the 
Supplemental  Code,  has  elected  to  formulate  and  submit  a  Supj^le- 
mental  Code  of  Fair  Competition  as  provided  in  the  second  para- 
graph of  Article  I  of  the  Code  of  Fair  Competition  for  the  Machinery 
and  Allied  Products  Industry,  approved  by  j^ou  on  the  seventeenth 
day  of  March,  1934. 

The  Hyraulic  Machinery  Subdivision  means  the  manufacture  for 
sale,  erecting,  and  selling  of  h3'draulic  machinery  of  all  kinds  and 
parts  thereof,  whether  using  water  or  any  other  liquid  as  enumerated 
in  detail  in  the  Supplemental  Code  attached  thereto.  It  excludes, 
however,  prime  movers  such  as  turbines,  water  wheels,  and  their 
accessory  equipment,  hydraulic  brakes  and/or  parts  therefor,  hy- 
draulic shock  absorbers,  hydraulic  bumpei's  and  hydraulic  dump 
trucks.     It  includes  all  those  engaged  in  such  nuuiufacture  for  sale. 

ECONOMIC   EFFECT 

This  Subdivision  has  been  severely  affected  by  the  recent  depres- 
sion. This  is  evidenced  by  the  steady  decline  in  annual  sales  since 
1929.  The  volume  of  production  as  reported  by  the  Division  qf 
Economic  Research  and  Planning  declined  from  $10,000,000  in  1929 
to  $2,000,000  in  1932,  or  80%.  Sales  as  reported  for  the  first  six 
months  in  1933  amounted  to  only  $700,000.  However,  an  increase  in 
production  is  indicated  by  an  increase  in  man-hours  reported  since 
the  second  quarter  of  1933. 

Employment  of  approximately  1,456  factory  workers  in  1929 
declined  to  about  6r)l  workers,  or  55%,  during  the  first  quarter  of 
1933.     Since  then  employment  has  increased. 

Approximately  44%  of  the  factory  workers  in  June  1933  were 
working  more  than  40  hours  per  week.  The  average  work  week 
in  Oc-tober  1933  was  37.8  hours. 

In  .June  1933  about  25%  of  the  factory  workers  were  receiving 
less  tiian  40  cents  per  hour.  The  lowest  minimum  wage  as  of  Oc- 
tober 1933  reported  by  the  Industry  was  30  cents  per  hour. 

(536) 


537 

The  wage  provisions  for  the  Subdivision,  which  is  operating  under 
the  Code  of  the  Machinery  and  Allied  Products  Industry,  provide 
that  employees  engaged  in  plant  operations  shall  be  paid  as  follows: 
(1)  in  cities  of  more  than  50,000  population  and  their  immediate 
vicinity,  40  cents  per  hour;  (2)  in  cities  of  more  than  10,000  but  not 
more  than  50,000  population  and  their  immediate  vicinity,  which 
cities  are  not  in  the  immediate  vicinitj^  of  a  city  of  more  than  50,000 
population,  38  cents  per  hour;  (3)  in  cities  of  10,000  j)0})ulation  or 
less  and  their  immediate  vicinity,  whicli  cities  are  not  in  the  imme- 
diate vicinity  of  a  city  of  more  than  10,000  population,  36  cents  per 
hour,  except  that  employees  engaged  in  plant  operations  in  all  local- 
ities in  the  states  of  Virginia,  North  Carolina,  South  Carolina, 
Georgia,  Florida,  Tennessee,  A  labama,  Mississippi,  Arkansas,  Louisi- 
ana, Texas,  and  Oklahoma,  shall  be  paid  not  less  than  32  cents  per 
hour. 

When  females  do  substantially  the  same  work  as  males  or  replace 
males,  they  shall  receive  the  same  pay.  However,  no  female  em- 
ployee shall  be  paid  less  than  87i/2%  of  the  proper  rate  for  the  local- 
ity in  which  employed. 

Office  boys  and  girls  and  apprentices  shall  be  paid  not  less  than 
80 9f  of  the  minimum  wage. 

Employees  other  than  those  engaged  in  plant  operations  shall 
receive  not  less  than  $15.00  per  week. 

The  Code  provides  that  no  person  under  16  years  of  age  shall  be 
employed  in  the  Subdivision. 

ESTIMATED      NUMBER      OF      FACTORY      WORKERS      RECEIVING      LESS      THAN 
DESIGNATED    HOURLY    RATES 

DMrihuiion  of  factory  workers  receiving  less  than  the  minimum,  regardless 

of  location  * 


Proposed  minimum  hourly  rates 


40  cents  (other  U.S.) 
38  cents  (other  U.S.) 
36  cents  (other  U.S.) 
32  cents  (South) 


Approxi- 
mate per 
cent 


24.7 
20.4 
16.1 


Approxi- 
mate num- 
ber 


ISI 
150 
118 
65 


1  Based  on  the  distribution  as  of  June  15,  1933,  and  on  the  specified  percentages  of  the  number  of  factory 
workers  receiving  less  than  the  designated  rates  shown  in  the  above  table,  the  adoption  of  the  proposed  mini- 
mum rates  will  probably  cause  an  increase  in  factory  pay  rolls.  The  estimated  increase  probably  will  not 
exceed  four  percent. 

RESUME    OF    SLTPPLEMENTAL     CODE 


Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  applicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code. 

Article  III  provides  for  the  adoption  of  the  employment  provi- 
sions of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry,  as  approved  by  you  on  the  seventeenth  day  of 
March,  1934,  and  as  from  time  to  time  amended. 

Article  IV  provides  for  the  adoption  of  Articles  II,  VI,  VIII,  and 
IX  of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 


538 

Products  Industry  in  accordanco  with  the  conditions  of  this  Article 
governino;  their  adoption. 

Aiticle  V  jjrovides  for  the  evstablishnient  of  the  Code  Authority 
and  defines  its  powers  and  duties. 

Article  VI  provides  for  an  accounting  system  and  methods  of 
cost  finding  and/or  estimating. 

Article  VII  provides  that  no  products  shall  be  sold  or  exchanged 
below  a  reasonable  cost  when  the  Code  Authority  determines  that 
an  emergency  exists. 

Article  VlII  contains  provisions  relating  to  revisions  and  terms 
of  employers  proposals. 

Article  IX  sets  forth  trade  practices  for  the  Subdivision. 

Article  X  establishes  that  no  provision  of  this  Supplemental  Code 
relating  to  pricing  and  marketing  shall  apply  to  export  trade. 

Article  XI.  This  Su])plemental  Co(U>  an(i  all  the  i)rovisions  thereof 
are  exi)ressly  made  subject  to  the  right  of  the  President,  in  accord- 
ance wuth  Subsection  (b)  of  Section  10  of  the  Act,  from  time  to 
time  to  cancel  or  modify  any  order,  approval,  license,  rule  or  regula- 
tion issued  under  said  Act.  Provision  is  also  made  that  modifications 
may  be  submitted  by  the  Code  Authority  to  the  Administrator  for 
approval. 

Article  XII.  No  provision  of  this  Supplemental  Code  shall  be  so 
apj)lied  as  to  permit  mon(;polies,  or  monopolistic  practices,  or  to 
eliminate,  oppress,  or  discriminate  against  small  enterprises. 

Article  XIII  states  the  effective  date  of  this  Supplemental  Code. 

FINDINGS 

The  Assistant  Deputy  Administrator  in  his  final  report  to  me  on 
said  Supjilemental  Code  having  found  as  herein  set  .forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter: 

I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purpo,';es  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof 
and  will  provide  for  the  general  welfare  by  promoting  the  organ- 
ization of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  govei-nmental  sanctions  and  super- 
vision, by  eliminating  unfair  conii)etitive  practices,  by  i)romoting 
the  fullest  possible  utilizati(m  of  the  present  productive  capacity  of 
industries,  ])y  avoiding  un(hie  restriction  of  production  (except  as 
may  be  temi)()rarily  re([uired).  by  increasing  the  consumption  of  in- 
dustrial and  agricultural  ])r()(lucts  through  increasing  jHirchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherw^ise  rehabilitating  industry. 

(b)  Said  Subdivision  normally  employs  not  more  than  50,000 
employees;  and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  ]x'rtinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  Subsection  (b)  of  Section  10  thereof;  and  that  the  appli- 


539 


cant  association  is  an  industrial  association  truly  representative  of 
the  aforesaid  Subdivision;  and  that  said  association  imposes  no 
inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  Suj^plemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discrimi- 
nate against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Supplemental  Code. 

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code. 

Kespectfully, 


August  2,  1934. 


Hugh  S.  Johnson, 

A  dministrator. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  HYDRAULIC  MACHINERY  INDUSTRY 

A  DI^^SIox  of  the  Machinery  and  Allied  Products  Industry 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  the  followiiiir  provisions  are  established  as  a  Supple- 
mental Code  for  the  Hydraulic  Machinery  Subdivision  of  the  Ma- 
chinery and  Allied  Products  Industry,  and  to<iether  with  the  Code 
of  Fair  Competition  for  the  Machinery  and  Allied  Products  Indus- 
try shall  be  the  standard  of  fair  competition  for  this  Subdivision, 
and  shall  be  binding  on  each  employer  therein. 

Article  II — Definition 

"Ajiplicant ''  means  the  Hydraulic  Machinery  Manufacturers'  As- 
sociation, a  trade  organization,  all  members  of  which  are  engaged 
in  the  manufacture  and/or  sale  of  the  products  of  the  Hydraulic 
Machinery  Subdivision  of  the  Machinery  and  Allied  Products 
Industry. 

''  Industry  ''  means  the  Machinery  and  Allied  Products  Industry, 
as  defined  in  its  Code  as  approved  by  the  President,  and  as  such  defi- 
nition may  from  time  to  time  be  amended. 

''  Subdivision  "  means  this  Hydraulic  Machinery  Subdivision  of 
the  Machinery  and  Allied  Products  Industry  as  defined  and  set 
forth  in  Paragraph  15.  Article  II  of  the  Code  of  the  Machinery 
and  Allied  Products  Industry,  as  follows : 

'■  Hydraulic  Machinery  Subdivision  means  the  manufacture  for 
sale,  electing,  and  selling  of  hydraulic  machinery  of  all  kinds  and 
parts  thereof,  whether  using  water  or  any  other  liquid,  including 
specifically  but  without  in  any  way  limiting  the  generality  of  the 
foregoing,  hydraulic  nuichines  and  presses,  hydraidic  testing  ma- 
chines (made  to  special  order),  hydraulic  accumulators,  and  also 
other  accessories  such  as  pumps,  valves,  and  fittings  and  parts  thereof 
incident  to  the  operation  of  such  hydraulic  equipment.  It  excludes, 
however,  prime  movers  such  as  turbines,  water  wheels,  and  their 
necessary  accessory  equipment,  hydraulic  brakes  and/or  parts  thereof, 
hydraulic  shock  absorbers,  hydraulic  bumpers  and  hydraulic  dump 
trucks.     It  includes  all  those  engaged  in  such  manufacture  for  sale  ". 

"  Code  "  means  the  Code  of  Fair  Comi)etition  for  the  Machinery 
and  Allied  Products  Industry,  as  a})])roved  by  the  President,  March 
17.  1984,  and  as  from  time  to  time  amended. 

"  Person  "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  bankruptcy,  a  receiver 
or  other  entity. 

(540) 


541 

"  Employer  ■■  means  any  person  engaged  in  the  Subdivision  either 
as  an  employer  of  labor  or  in  his  own  behalf. 

"  Employee  "  means  any  one  who  is  employed  in  the  Subdivision 
by  any  such  employer. 

"  The  Act  "  means  Title  I  of  the  National  Industrial  Recovery 
Act. 

"  The  President  "  means  the  President  of  the  United  States. 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

"  Basic  Code  Authority  "  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Products  Industry  as  constituted  by  the  Code. 

'■'■  Code  Authority  "  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Supplemental  Code. 

"  Group  Code  Authority "  means  the  Code  Authority  for  any 
group  or  product  classification  within  this  Subdivision. 

Article  III — Employment  Pijovisions 

The  following  Articles  of  the  Code,  viz :  Article  III,  "  Working 
Hours  " ;  Article  IV,  "  Wages  " ;  and  Article  V,  "  General  Labor 
Provisions  ",  are  hereby  made  a  part  of  this  Supplemental  Code, 
with  the  same  effect  as  if  they  were  written  into  this  Supplemental 
Code. 

Article  IV — Adoption  of  Other  Provisions  of  Code 

The  following  Ai'ticles  of  the  Code,  viz :  Article  II,  "  Defini- 
tions " ;  Article  VI,  "Administration  ",  to  the  extent  that  they  shall 
be  applicable  to  this  Supplemental  Code  as  such  or  as  it  may  herein- 
after be  administered  as  an  autonomous  Code;  and  Article  IX 
"  Withdrawal  " ;  are  hereby  adopted  and  made  a  part  of  this  Sup- 
plemental Code,  with  the  same  effect  as  if  they  were  written  into  this 
Supplemental  Code. 

Article  V — Administration 

(a)  This  Subdivision,  having  held  an  election  for  permanent  Code 
Authority  under  the  provisions  of  the  Code  of  Fair  Competition  for 
the  Machinery  and  Allied  Products  Industry,  the  Code  Authority  so 
elected  shall  constitute  the  first  permanent  Code  Authority  for  this 
Subdivision  if  this  method  of  election  meets  with  the  approval  of 
the  Administrati(m.  If  this  method  of  election  does  not  meet  with 
the  approval  of  the  Administration  then  -the  provisions  hereinbelow 
provided  shall  apply  for  the  election  of  the  first  permanent  Code 
Authority.  For  elections  after  the  first,  the  provisions  of  this  Sup- 
plemental Code  for  election  of  a  permanent  Code  Authority  shall 
apply. 

(b)  The  Code  Authority  for  this  Subdivision  shall  consist  of: 

(1)  The  Executive  Committee  of  Applicant,  consisting  of  6 
members ; 

(2)  One  additional  member  to  be  elected  in  any  fair  manner  ap- 
proved by  the  Administrat/jr,  by  employers  in  this  Subdivision  not 
members  of  the  Applicant,  if  so  desired  by  such  nonmembers. 


542 

(3)  One  additional  member  to  be  appointed  m  the  discretion  of 
the  Administrator  (without  vote  and  without  expense  to  the  Sub- 
division). 

(c)  Any  employer  in  this  Subdivision  shall  be  eligible  for  mem- 
bership in  Hydraulic  Machinery  Manufacturers'  Association. 

(d)  It  beinfj  found  necessary  in  order  to  support  the  Administra- 
tion of  this  Code  and  to  maintain  the  standards  of  fair  competition 
established  hereunder  and  to  effectuate  the  policy  of  the  Act,  the 
Code  Authority  is  authorized : 

(1)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  tlie  Code ; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(a)  an  itemized  budget  of  its  estimated  expense  for  the  foregoing 
purposes,  and  (b)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  employers  of  the 
Subdivision ; 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  obtain  equitable 
contribution  as  above  set  forth  by  all  employers,  and  to  that  end, 
if  necessary,  to  institute  legal  proceedings  therefor  in  its  own  name. 

(e)  Each  employer  shall  pay  his  or  its  equitable  contribution  to 
the  expenses  of  the  maintenance  of  the  Code  Authority  determined 
as  hereinabove  provided,  and  subject  to  rules  and  regulations  per- 
taining thereto  issued  by  the  Administrator.  Only  emploj^ers  com- 
plying with  the  Code  and  contributing  to  the  expenses  of  its  admin- 
istration as  hereinabove  provided,  unless  duly  exempted  from  mak- 
ing such  contribution,  shall  be  entitled  to  participate  in  the  selection 
of  members  of  the  Code  Authority  or  to  receive  the  benefits  of  any 
of  its  voluntar}^  activities  or  to  make  use  of  any  emblem  or  insignia 
of  the  National  Recovery  Administration. 

(f)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tions in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budgets  estimates  except  those  which  the  Administra- 
tor shall  have  so  approved. 

(g)  Each  employer  shall  pay  his  proper  pro-rata  share  of  the 
reasonable  cost  of  creating  this  Supplemental  Code  as  determined 
by  the  Code  Authority. 

(h)  In  order  that  the  Code  Authority  shall  at  all  times  be  truly 
representative  of  the  Subdivision  and  in  other  respects  comply  with 
the  provisions  of  the  Act,  the  Administrator  may  provide  such  hear- 
ings as  he  may  deem  proper;  and  thereafter  if  he  shall  find  that 
the  Code  Authority  is  not  truly  representative  or  does  not  in  other 
respects  com])ly  with  the  provisions  of  the  Act,  may  require  an 
appropriate  modification  in  the  method  of  selection  of  the  Code 
Authority. 

(i)  Employers  in  this  Subdivision  having  a  common  interest  and 
common  problems,  may  be  grouf)ed  by  Code  Authority  for  admin- 
istrative purposes. 


543 

There  shall  be  a  Group  Code  Authority  approved  or  appointed 
by  Code  Authority  for  each  such  group. 

(j)  If  formal  complaint  is  made  to  Code  Authority,  that  pro- 
visions of  this  Supplemental  Code  have  been  violated  by  any  em- 
ployer, the  Code  Authority  or  the  proper  Group  Code  Authority 
shall  investigate  the  complaint  and  to  that  end,  may  to  the  extent 
permitted  by  the  Act,  cause  such  further  investigation,  examination 
or  audit  to  be  made,  as  may  be  deemed  necessary.  If  such  investiga- 
tion is  made  by  Group  Code  Authority,  it  shall  report  the  results 
of  such  investigation,  examination  or  audit  to  Code  Authority  for 
action. 

(k)  The  Code  Authority  may  appoint  a  trade  practice  committee 
which  shall  meet  with  the  trade  practice  committees  appointed  under 
such  other  codes  as  may  be  related  to  the  Subdivision  for  the  pur- 
pose of  fornmlating  fair  trade  practices  to  govern  the  relationships 
between  employers  under  this  Supplemental  Code  and  employers 
under  such  other  codes  to  the  end  that  such  fair  trade  practices  may 
be  proposed  to  the  Administrator  as  amendments  to  this  Supple- 
mental Code  and  such  other  codes. 

Article  VI — Accounting  and  Costing 

The  Code  Authority  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of 
use  by  all  employers  of  the  Subdivision.  After  such  system  and 
methods  have  been  formulated,  full  details  concerning  them  shall 
be  made  available  to  all  employers.  Thereafter  all  employers  shall 
determine  and/or  estimate  costs  in  accordance  with  the  principles 
of  such  methods,  with  such  variation  therefrom  as  may  be  required 
to  meet  individual  conditions  affecting  any  member  or  group  of 
members;  provided,  however,  that  any  such  variation  shall  not 
destroy  the  validity,  and/or  accuracy  of  the  said  accounting  prin- 
ciples and  methods. 

Article  VII — Selling  Below  Reasonable  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  in  this  Subdivision  and  that  the  cause  thereof  is  de- 
structive price-cutting  such  as  to  render  ineffective  or  seriously  en- 
danger the  maintenance  of  the  provisions  of  this  Supplemental  Code, 
the  Code  Authority  may  cause  to  be  determined  the  lowest  reason- 
able cost  of  the  products  of  this  Subdivision,  such  determination  to  be 
subject  to  such  notice  and  hearing  as  the  Administrator  may  require. 
The  Administrator  may  approve,  disapprove,  or  modify  the  deter- 
mination. Thereafter,  during  the  period  of  the  emergency,  it  shall 
be  an  unfair  trade  practice  for  any  employer  of  the  Subdivision  to 
sell  or  offer  to  sell  any  products  of  the  Subdivision  for  which  the 
lowest  reasonable  cost  has  been  determined  at  such  prices  or  upon 
such  terms  or  conditions  of  sale  that  the  buyer  will  pay  less  therefor 
than  the  lowest  reasonable  cost  of  such  products. 

When  it  appears  that  conditions  have  changed,  the  Code  Authority, 
upon  its  own  initiative  or  upon  the  request  of  any  interested  party, 
shall  cause  the  determination  to  be  reviewed. 


544 

Section  2.  The  foregoin<r  Section  (1)  shall  not  apply  to  (a) 
dropijed  lines,  or  (b)  seconds,  or  (c)  inventories  which  must  be 
converted  into  cash  to  meet  emertrency  needs,  all  of  which  may  be 
disposed  of  by  any  employer  at  any  price  and  on  any  terms  or  con- 
ditions, but  only  if  such  em])loyer.  not  less  than  two  weeks  before 
such  proposed  dis]X)sal,  has  filed  with  Code  Authorit}^  a  statement 
in  writing  setting  forth  the  facts  of,  and  reasons  for,  such  proposed 
disposal  and  the  price  and  terms  and  conditions  of  sale,  and  Code 
Authorit}'  has  not,  (with  the  approval  of  the  Administrator),  before 
the  termination  of  such  two  week  period,  in  writing,  disapproved 
the  proposed  disposal.  Notice  of  such  disposal,  if  not  disapproved, 
shall  be  sent  immediately  to  all  employers  manufacturing  products 
of  equivalent  design,  character,  quality  or  specifications,  who  may 
sell  such  pi  )ducts  at  prices  and  on  terms  and  conditions  as  favor- 
able as  those  stipulated  in  the  ])roposed  disposal,  when  meeting  the 
competition  of  such  proposed  disposal. 

Section  3.  The  foregoing  Section  (1)  shall  not  apply  to  a  sale 
made  in  order  to  meet  competition  on  products  manufactured  out- 
side the  United  States.  For  such  disposal,  any  employer  may  sell, 
at  prices  and  on  terms  and  conditions  as  favorable  as  those  of  the 
comi)eting  foreign  product,  but  only  if  he  has  first  reported  to  the 
Code  Authority  his  intention  so  to  sell,  and  the  facts  as  to  the 
competition  which  justifies  such  action. 

Article  VIII — Prices 

1.  Proposals  submitted  by  an  employer  shall  not  be  revised  except : 
(a),  when  a  change  in  the  specifications  is  to  be  made,  in  which 
case  the  revised  proposal  must  equal  only  the  change  in  the  specifi- 
cations; (b),  upon  the  general  reopening  of  bids. 

2.  Proposals  shall  not  specify:  (a)  any  discounts  except  one  to 
cover  cash  ])ayment  in  ten  (10)  days  which  discount  must  not 
exceed  y^  of  1%  ;  ^  (b)  '^iiy  allowance  for  freight  or  transportation. 

Article  IX — Trade  Practices 

Each  of  the  following  acts  and  practices  is  deemed  to  be  inimical 
to  the  best  interests  of  the  Subdivision  and  of  the  public,  and  each 
is,  therefore,  hereby  declared  to  be  and  to  constitute  an  unfair 
method  of  competition,  and  is  hereby  prohibited ;  viz : 

1.  Dcfiti-uctive  Price-Cutting. — Indulging  in  destructive  price- 
cutting. 

2.  hhducing  Breach  of  Contract. — Inducing  or  attempting  to  in-' 
duce  the  breach  of  a  commercial  contract  between  a  competitor  and 
his  customer  during  the  term  of  such  contract. 

8.  Defamation  of  Coniijctitor  or  Disparagement  of  his  Work. — 
The  defamation  of  a  competitor  by  words  or  acts  imputing  to  him 
dishonorable  conduct,  inability  to  perform  contracts,  or  c{uestionable 
credit  standing,  and  the  false  disparagement  of  the  grade  or  quality 
of  his  goods. 

4.  Enticement  of  Employees. — Wrongfully  enticing  away  the  em- 
ployees   of   competitors    with    the    purpose    and    effect    of    unduly 

'  See  paragraph  2  (1)  of  order  approving  this  Code. 


545 

hampering,  injuring,  or  embarrassing  competitors  in  their  busi- 
ness. Nothing  in  this  paragraph  shall  be  so  interpreted  as  to  in 
anj^  manner  restrict  the  right  of  any  employee  to  seek  employment 
with  any  employer  at  any  time. 

5.  Misrepresoitation  hi/  False  or  Misleading  Advert /H/n</. — The 
making  or  causing  or  knowingly  permitting  to  be  made  or  published 
any  false,  materially  inaccurate  or  deceptive  statement  by  wa}^  of 
advertisement  or  otherwise,  including  misbranding  and  overrating 
of  capacity. 

6.  Espionage  of  Competitors. — Procuring  confidential  informa- 
tion concerning  the  business  of  a  competitor  by  a  false  or  mislead- 
ing statement  or  by  misrepresentation,  by  a  false  impersonation  of 
one  in  authority,  or  by  briber3\ 

7.  Commercial  Bribery. — To  give,  permit  to  be  given,  or  directly 
offer  to  give  anything  of  value  for  the  purpose  of  infiuencir.g  or 
rewarding  the  action  of  any  employee,  agent,  or  representative  of 
another  in  relation  to  the  business  of  the  employer  of  such  em- 
ployee, the  principal  of  such  agent  or  the  represented  party,  without 
the  knowledge  of  such  employer,  principal,  or  party.  This  provi- 
sion shall  not  be  construed  to  prohibit  free  and  general  distribution 
of  articles  commonly  used  for  advertising  except  so  far  as  such 
articles  are  actually  used  for  commercial  bribery  as  hereinabove 
defined. 

8.  Secret  Rebates. — The  secret  offering  or  making  of  any  payment 
or  allowance  of  a  rebate,  refund,  commission  credit,  unearned  dis- 
count or  excess  allowance,  whether  in  the  form  of  money  or  other- 
wise, nor  shall  any  employer  of  the  Subdivision  secretly  offer  or 
extend  to  any  customer  any  special  service  or  privilege  not  extended 
to  all  customers  of  the  same  class,  for  the  purpose  of  influencing  a 
sale. 

9.  Used  nydroAilic  Equipment. —  (a)  The  sale  of  used  hydraulic 
equipment  without  so  classifying  it  as  used  equipment,  (b)  A  copy 
of  any  offer  to  purchase  used  hydraulic  machinery  as  part  pa3'ment 
shall  be  made  to  the  Code  Authority  at  the  time  of  the  offer. 

10.  Threats  of  Suit  for  Patent  or  Trade-Mark  Infringement. — 
The  circularization  of  threats  of  suit  for  infringement  of  patent  or 
trade-mark  among  customers  of  a  competitor  not  made  in  good  faith 
and  for  the  purpose  of  harassing  and  intimidating  customers. 

11.  Improper  Use  of  Competitor^  Design. — Knowingly  to  submit 
a  quotation  to  a  prospective  customer  based  on  original  drawings 
and  designs  prepared  by  a  competitor  and  submitted  to  the  customer 
as  the  competitor's  drawings  and  designs,  without  the  competitor's 
permission. 

Article  X — Sales  for  Export 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  shall  not  apply  to  direct  export  sales  of  any  produ .t.  A 
similar  exemption  mny  be  granted  by  the  Code  Authority  as  to  sales 
of  any  product  de  tined  ultimately  for  export.  The  term  "export  " 
shall  include  all  shipnents  to  all  places  without  the  several  states  of 
the  United  States  and  the  District  of  Columbia;  provided,  however, 
that  no  shipment  to  any  territoiy  or  possession  of  the  United  States 
shall  be  considered  as  cyport  when  any  empioA'er  is  engaged  in  the 
Subdivision  in  such  territory  or  possession. 


546 
Article  XI — Modifications 

(a)  As  proA'ided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  mtnlify  any  order,  approval,  license, 
rule  or  refrulation  issued  under  Title  I  of  the  Act. 

(b)  Any  amendments,  additions,  revisions,  or  supplements  of  this 
Supplemental  C'ode,  approved  by  a  06%%  vote  of  the  employers 
shall  be  in  full  force  and  effect  upon  approval  of  the  Administrator. 
The  eli<;ibility  requirements,  method,  and  effect  of  such  voting  shall 
be  the  same  as  provided  by  Article  VI  of  the  Code. 

Article  XII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Code  presented  by  it  is  not  designed  to 
promote  monopoly,  and  shall  not  be  so  construed  or  applied  as  to 
oppress  or  eliminate  small  enterprises  or  discriminate  against  them, 
and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIII — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on  all 
persons  engaged  in  the  Subdivision  on  the  eleventh  day  after  its 
approval. 

Approved  CcKle  No.  347 — Supplement  No.  41. 
Registry  No.  1.399-59. 


Approved  Code  No.  201 — Supplement  No.  18 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR   THE 

WHOLESALE     PAINT,     VARNISH,     LACQUER, 
ALLIED  AND  KINDRED  PRODUCTS  TRADE 

As  Approved  on  August  4,  1934 


ORDER 


Approving  Supt^lementary  Code  of  Fair  Coimpetition  for  the 
Wholesale  Paint,  Varnish,  Lacquer,  Allied  and  Kindred  Prod- 
ucts Trade 

A  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  19o3,  for  approval  of  a  Supple- 
mental Code  of  Fair  Compet'tion  for  the  Wholesale  Paint,  Varnish, 
Lacquer,  Allied  and  Kindred  Products  Trade  to  the  Code  of  Fair 
Competition  for  the  Wholesalinir  or  Distributino;  Trade,  and  hear- 
ings having  been  duly  held  thereon  and  the  annexed  report  on  said 
Supplemental  Code,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  President : 

NOW.  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I.  Hugh  S.  Johnson.  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  Code  complies 
in  all  respects  with  the  pertinent  provisions  and  will  promote  the 
policy  and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order 
that  said  Supplemental  Code  of  Fair  Competition  be  and  it  is  here- 
by approved;  provided,  however,  that  the  provisions  of  Article 
IV,  Section  5  are  approved  only  so  long  as  the  provisions  of  Article 
XX  of  the  Code  of  Fair  Competition  for  the  Paint,  Varnish,  and 
Lacquer  Manufacturing  Industry  as  approved  on  October  31,  1933 
are  effective. 

Hugh  S.  Johnson, 
AdTninistrator  for  Indiistrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  Jf.^  193^. 

(547) 


REPORT  TO  THE  PRESIDENT 

The    PRESIDENT, 

Tlie  White  Hause. 
Sir:  This  is  a  report  of  the  Hoiiirino;  on  the  Supplemental  Code  of. 
Fair  Competition  of  the  Wholesale  Paint.  Varnish,  Lacquer,  Allied 
and  Kin(hed  Products  Trade,  conducted  in  the  Green  Room  of  the 
Ralei<^h  Hotel,  on  May  4,  IDIU.  The  Supplemental  Code,  which  is 
attached,  was  presented  by  a  duly  qualitied  and  authorized  repre- 
sentative of  the  Ti-ade,  complyin<j^  with  the  statutory  requirements, 
said  to  represent  15  per  cent  in  number  and  about  50  per  cent  in 
volume  of  sales  of  the  Trade  which  could  be  included  in  this  Code. 

THE  TRADE 

No  adequate  current  statistics  are  available  with  respect  to  this 
Trade.  Accordinf^  to  the  Census  of  Distribution,  however,  there  were 
about  1,027  establishments  liandlin*^  paint  with  a<j<ijre<j:ate  annual 
sales  of  $304,91)9,000;  the  total  employees  numbered  12,571. 

PROVISIONS  OF  THE   CODE 

Since  this  Code  is  supplemental  to  the  Code  of  Fair  Competition 
for  the  AVholesaling  or  Distributini>;  Trade,  it  contains  no  labor 
provisions. 

The  provisions  containing  supplemental  dehnitions  are  considered 
inclusive  and  accurate. 

The  supplement  to  the  Administrative  provisions  of  the  General 
Code  establishes  a  Divisional  Code  Authority  which  is  fairly  and 
adequately  representative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practices  proposed  are  not  considered  in  any  way 
objectionable. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said 
Supplemental  Code  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter; 

I  find  that 

(a)  Said  Supi)leniental  Code  is  well  designed  to  promote  the 
policies  and  pui-})Oses  of  Title  I  of  the  National  Industrial  Recovery 
Act.  including  removal  of  ()l)structions  to  the  free  flow  of  interstate 
and  foi'eign  connnerce  which  tend  to  diminish  the  amount  thereof, 
and  will  provide  for  the  general  Avelfare  by  promoting  the  oi-gan- 
ization  of  industry  for  the  purpose  of  cooperative  action  among 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  sui)er- 
vision,  by  eliminating  unfair  competitive  practices,  by  jjromoting 
the   fullest   possible  use  of  the   })rcsent  productive  capacity   of   in- 

(548) 


549 

dustries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  employs  not  more  than  50,000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  saicl  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f)  Those  engaged  in  other  steps  of  the  economic  process  have 
not  been  deprived  of  the  right  to  be  heard  prior  to  the  approval  of 
this  Supplemental  Code. 

For  these  reasons,  the  Supplemental  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

A  dminis  trot  or. 
Atjgust  4,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  WHOLESALE  PAINT,  VARNISH,  LACQUER,  AL- 
LIED AND  KINDRED  PRODUCTS  TRADE 

A   DIVISION    OF   THE    WHOLESALIXC.    OK    DISTRIBUTING    TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Sui)plemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  "Wholesale  Paint,  Varnish,  Lacquer,  Allied 
and  Kindred  Products  Trade  pursuant  to  Article  VI,  Section  1  (c) 
of  the  General  Code  of  Fair  Competition  for  the  Wholesaling  or 
Distributing  Trade,  approved  by  the  President  of  the  United  States 
on  January  12,  1984.  xVll  provisions  of  the  said  General  Code  which 
are  not  in  conflict  with  the  provisions  of  this  Supplemental  Code  are 
hereby  incorporated  by  reference  in  this  Supplemental  Code  and 
made  a  part  hereof.  Such  provisions  of  the  General  Code  together 
wnth  the  supplementing  provisions  of  this  Code  are  the  standards  of 
fair  competition  for  and  are  binding  upon  every  member  of  said 
Wholesale  Paint,  Varnish,  Lacquer,  Allied  and  Kindred  Products 
Trade. 

Article  II — Definitions 

supplementing  article  II  OF  the  general  code 

Section  1.  W/toJesale?'  or  Dtstr)J)uto)\ — The  term  "  wholesaler  "  or 
"  distributor  '■  as  used  herein  shall  mean  any  individual,  partnership, 
association,  corporation,  or  other  form  of  enterprise,  or  a  definitely 
organized  division  thereof,  definitely  organized  to  render  and  render- 
ing a  general  distribution  service,  which  buys  and  maintains  at  his 
or  its  place  of  business  a  stock  of  paints,  varnishes,  lacquers,  allied 
and/or  kindred  products,  and  which  through  salesmen,  advertising, 
and/or  sales  promotion  devices  sells  not  less  than  seventy  (70)  per 
cent  of  his  or  its  total  volume  of  sales  to  retailers  and/or  to  institu- 
tional, conmiercial,  and/or  industrial  users.  It  is  not  the  character 
of  a  concern's  buying  but  the  character  of  its  selling  which  marks  it 
as  a  wholesaler. 

SEcnoN  2.  llie  Trade. — The  term  "  the  Trade  "  as  used  herein  shall 
mean  the  business  in  which  wholesalers  or  distributors  as  above 
defined  are  engaged. 

Section  3.  Afisodafion. — The  term  "Association"  as  used  herein 
shall  mean  the  National  AVholesale  Paint  Association. 

Section  4.  Divisional  Code  Authority. — The  term  "Divisional 
Code  Authority  "  as  used  herein  shall  mean  the  Divisional  Code  Au- 
thority for  the^  Wholesale  Paint,  Varnish,  Lacquer,  Allied  and  Kin- 
dred Products  Trade,  a  division  of  the  Wholesaling  or  Distributing 
Trade. 

(550) 


551 

Section  5.  General  Code. — The  term  "  General  Code  "  as  used 
herein  shall  mean  the  Code  of  Fair  Competition  for  the  Wholesaling 
or  Distributino;  Trade. 

Section  6.  Trade  Sales. — The  term  "  trade  sales  "  as  used  herein 
shall  mean  all  sales  to  jobbers,  dealers,  painters,  automotive  refinish- 
ino;  shops,  institutions,  hospitals,  office  buildings,  apartment  houses, 
and/or  other  commercial  enterprises  not  excluded  under  industrial 
sales  and  sales  made  directly  to  the  ultimate  consumer. 

Section  T.  Industrial  /Sales. — The  term  "  industrial  sales  "  as  used 
herein  shall  mean  all  sales  to  the  following  classes  of  buyers  cover- 
ing products  of  the  Trade  used  by  such  buyers  on  their  products  or 
for  the  finishing  of  their  equipment  and  for  the  upkeep  and  main- 
tenance of  their  plants,  equipment,  tenements,  and  for  any  other 
purposes : 

Industrial  plants  of  all  kinds  (such  as  automobile  manufacturers, 
furniture  manufacturers,  etc.). 

Transportation  companies  (including  street  railways,  bus  and  air 
transportation  companies). 

Car  and  locomotive  builders. 

Public-service  companies. 

Oil  refiners  and  pipe-line  companies. 

Packing  houses. 

Steel  manufacturers  and  those  who  fabricate  their  own  products. 

Bridge  builders  and  bridge  operating  companies. 

Coal  or  other  mining  operations. 

Steamship  lines,  shipyards,  wharves,  and  docks. 

All  departments  of  any  State,  County,  Municipal,  or  other  politi- 
cal subdivision,  but  only  for  the  following  products :  Traffic  paint, 
road  paint,  products  used  on  bridges,  trucks,  and  machinery;  auto- 
mobile license  tag  coatings;  or  materials  for  finishing  furniture,  or 
any  other  products  manufactured  in  prisons  or  reformatories.  All 
other  business  from  State,  County,  Municipal  and  other  political  sub- 
divisions, such  as  products  used  on  buildings,  institutions,  etc.,  to  be 
classified  as  "  trade  sales." 

All  departments  of  the  United  States  Government  regardless  of 
usage. 

Article  III — Administration 
supplementing  article  VI,  OF  the  general  code 

Section  1  (a)  The  Divisional  Code  Authority  for  the  Wholesale 
Paint,  Varnish,  Lacquer,  Allied  and  Kindred  Products  Trade  (which 
may  be  incorporated,  not  for  profit)  shall  be  composed  of  eleven  (11) 
members  of  the  Trade,  six  (6)  of  whom  shall  be  elected  by  the 
Association,  and  five  (5)  of  w^hom  shall  be  selected  from  the  members 
of  the  Trade  not  members  of  the  Association,  in  the  following  pro- 
portion : 

One  (1)  member  representing  wholesale  hardware  concerns  dis- 
tributing paint. 

One  (1)  member  representing  wholesale  building  materials  (in- 
cluding lumber)  concerns  distributing  paint. 

One  (1)  member  representing  wholesale  wall  paper  concerns  dis- 
tributing paint. 

80835—34 30 


552 

One  (1)  member  representing  wholesale  drug  concerns  distribu- 
ting paint. 

One  (1)  member  representing  wholesale  glass  concerns  distribu- 
ting paint. 

Xo  more  than  two  (2)  of  the  five  (5)  members  of  the  Divisional 
Code  Autliority  selected  from  among  non-members  of  the  Associa- 
tion shall  be  chosen  from  any  one  State. 

(b)  The  five  (5)  members  to  be  selected  from  among  non-members 
of  the  Association  shall  be  nominated  by  the  Administrator.  The 
names  of  the  five  (5)  persons  so  nominated  shall  be  placed  upon  a 
ballot  which  contains,  in  addition,  five  (5)  blank  spaces  for  the 
inclusion  of  other  names.  These  ballots  shall  be  sent  to  all  members 
of  the  Trade  not  members  of  the  Association  who  can  be  discovered 
after  diligent  search.  Each  ballot  shall  be  accompanied  by  a  letter 
stating  that  no  ballot  will  be  counted  unless  it  is  accompanied  by  a 
certificate  of  assent  to  and  compliance  with  this  Supplemental  Code 
and  the  General  Code,  and  each  vote  in  order  to  be  counted  shall  be 
postmarked  not  later  than  ten  (10)  days  after  the  ballots  are  mailed 
by  the  Association. 

Each  member  of  the  Trade  voting  for  the  Divisional  Code  Author- 
ity may  vote  for  the  five  (5)  nominees  selected  by  the  Administrator, 
or  may  write  in  on  the  ballot  sufh  add}tional  names  as  he  desires. 

All  duly  elected  members  of  the  Divisional  Code  Authority  shall 
serve  for  a  period  of  twelve  (12)  months. 

(c)  The  successor  or  any  member  of  the  Divisional  Code  Authority 
whether  to  fill  an  unexpired  term  or  a  full  new  term  shall  be  elected 
in  the  same  manner  as  provided  in  tliis  Section. 

Section  2.  The  Divisional  Code  Authority  shall  have  the  follow- 
ing duties  and  powers  in  addition  to  those  prescribed  in  the  General 
Code  subject  to  such  rules  and  regulations  as  may  be  issued  by  the 
Administrator : 

(a)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  sucli  other 
Codes  as  may  be  related  to  the  Trade,  except  other  Supplemental 
Codes  to  the  General  Code,  for  the  purpose  of  fornmlating  fair 
trade  practices  to  govern  the  i-elationship  betAvcen  ])roduction  and 
distribution  employers  under  this  Suj)])lonH'ntal  Code  and  under 
such  other  Codes,  to  the  end  tiiat  sucli  fair  trade  practices  may  be 
proposed  to  the  Administrator,  as  an  amenchnent  to  this  Supple- 
mental Code  and  such  other  Codes. 

(b)  To  organize,  elect  officers,  hire  employees,  appoint  agents  and 
perform  such  other  acts  as  may  be  necessary  for  the  proper  adminis- 
tration of  this  Supplemental  Code  and  of  the  General  Code. 

(c)  To  ai)point  such  Regional  Committees  as  it  desires  to  aid  in 
the  administration  of  this  Supplemental  Code  and  the  General  Code; 
provided,  however,  that  nothing  herein  contained  shall  be  construed 
to  relieve  the  Divisional  Code  Authority  from  its  duties  and  liabilities 
as  such. 

(d)  To  adoi)t  by-laws  and  rule.s  and  regulations  for  its  procedure. 

(e)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Divisional 
Code  Authority  of  its  duties  or  responsibilities  under  this  Supple- 


553 

mental  Code,  and  that  such  trade  associations  and  agencies  shall  at 
all  times  be  subject  to  and  comply  with  the  provisions  hereof. 

(f)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  information  required  to  be  submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Code  Authority  mem- 
bers of  the  Trade  subject  to  this  Supplemental  Code  shall  furnish 
such  statistital  infunnation  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act,  to  such 
federal  and  state  agencies  as  he  may  designate;  provided  that  noth- 
ing in  this  Supplemental  Code  shall  relieve  any  member  of  the  Trade 
of  any  existing  obligations  to  furnish  reports  to  any  government 
agency.  No  individual  report  shall  be  disclosed  to  any  other  mem- 
ber of  the  Trade  or  any  other  party  except  to  such  other  govern- 
mental agencies  as  may  be  directed  by  the  Administrator. 

(g)  To  appoint  within  one  month  after  the  effective  date  of  this 
Supplemental  Code  a  committee  so  constituted  as  to  give  producer, 
consumer,  and  governmental  representation  satisfactory  to  the  Ad- 
min isti-ator.  This  committee  shall  make  a  study  with  a  view  to  the 
establishment  of  classihcations  and  standards  of  definitions  of  each 
class  of  staple  products  of  the  Trade  wherever  such  standards  are 
deemed  feasible.  The  findings  and  recommendations  of  this  com- 
mittee shall  within  six  months  be  submitted  to  the  Administrator 
and,  after  such  hearings  and  investigations  as  he  may  designate, 
and  upon  approval  by  him  shall  be  made  a  part  of  this  Supple- 
mental Code  and  be  binding  upon  every  member  of  the  Trade. 

(h)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  Trade  practice  provisions 
to  govern  members  of  the  trade  in  their  relations  with  each  other 
or  with  other  trades,  measures  for  industrial  planning,  and  stabili- 
zation of  employment ;  and  including  modifications  of  this  Supple- 
mental Code  which  shall  become  effective  as  part  hereof  upon 
approval  by  the  Administrator  after  such  notice  and  hearing  as  he 
may  specify. 

Section  3.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  members  of  the  Divisional  Code 
Authority  be  liable  in  any  manner  to  anyone  for  an}'  act  of  any 
other  member,  officer,  agent,  or  employee  of  the  Divisional  Code 
Autliority.  Nor  shall  any  member  of  the  Divisional  Code  Authority, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties  here- 
under, be  liable  to  anyone  for  any  action  or  omission  to  act,  under 
this  Supplemental  Code,  except  for  his  own  willful  misfeasance  or 
nonfeasance. 

Section  4.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  agency  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  Code  Authority  or  agency,  pending 
final  action,  which  shall  not  be  effective  unless  the  Administrator 
approves  or  unless  he  shall   fail  to   disapprove   after  thirty   da3's' 


554 

notice  to  him  of  intention  to  proceed  with  such  action  in  its  orio;inal 
or  modified  form. 

Sjxtion  5  (a).  It  being  found  necessary  in  order  to  support  the 
administration  of  this  Sui:)plemontal  Code  and  to  maintain  the 
standards  of  fair  competition  established  hereunder  and  to  etfectuate 
the  policy  of  the  Act,  the  Divisional  Code  Authority  is  authorized: 

1.  To  incur  such  reasonable  obligations  as  are  necessary  and 
proj)er  for  the  foregoin<r  purposes,  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  jirovided  and  which  shall 
be  held  in  trust  for  the  purposes  of  this  Supplemental  Ctxle ; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  su})j)ort  such  budget  shall  be  contributed  by  members  of  the  Trade; 

S.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  eciuitable  contribution 
as  above  set  forth  by  all  members  of  the  Trade,  and  to  that  end,  if 
necessary,  to  institute  legal  proceedings  therefor  in  its  own  name. 

(b)  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Trade  complying  with  this  Supplemental  Code 
and  contributing  to  the  expenses  of  its  administration  as  hereinabove 
provided,  unless  duly  exempted  from  making  such  contribution,  shall 
be  entitled  to  participate  in  the  selection  of  members  of  the  Divisional 
Code  Authority  or  to  receive  the  benefits  of  any  of  its  voluntary 
activities  or  to  make  use  of  any  emblem  or  insignia  of  the  National 
Recovery  Administration. 

(c)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  aj)proval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the  Ad- 
ministrator shall  have  so  approved. 

ARTiciiE  IV — Trade  Practices 

SUrrLEMENTING  ARTICLES  VII  AND  VIII  OF  THE  GENERAL  CODE 

Seoitgn  1.  Exchange  of  Goodf<. — It  shall  be  a  violation  of  this 
Supplemental  Code  for  any  member  of  the  Trade  to  take  or  allow  to 
be  taken  in  exchange  for  the  product  or  products  of  one  manufac- 
turer, any  product  or  products  of  any  other  manufactiu'er  of  the 
Paint,  Varnish,  Lacquer,  Allied  and  Kindred  Products  Industry,  nor 
shall  he  give  or  permit  the  giving  of  any  advice  or  assistance,  in 
facilitating  such  exchange  or  replacement,  nor  shall  he  make  or  re- 
ceive, or  permit  to  be  made  or  received,  any  concessions,  allowances, 
or  gifts  of  any  kind  to  promote  or  facilitate  such  exchange,  pro- 
vided that  the  restrictions  imposed  by  this  Section  shall  not  apply  to 
any  transaction  and/or  sale  made  directly  by  a  wholesaler  or  indi- 
rectly by  him  through  a  dealer  wherein  the  ultimate  nonindustrial 
user  is  dissatisfied  with  the  quality  of  the  merchandise.     In  such 


555 

cases  the  product  of  one  manufacturer  may  be  replaced  either  di- 
rectly by  the  wholesale!-  or  by  him  through  the  dealer  with  the  ]5rod- 
ucts  of  another  manufacturer,  provided  that  both  manufacturers' 
products  are  stocked  and  distributed  in  the  same  territory  at  the  same 
time  by  the  same  wholesaler. 

Section  2  (a).  Standard  Terms  and^  Discount. — On  and  after  the 
ejffective  date,  the  terms  granted  by  wholesalers  and/or  distributors 
for  products  of  the  Paint,  Varnish  and  Lacquer  Manufacturing 
Industry  as  defined  in  their  Code  shall  not  exceed :  2%  for  cash  in 
10  days,  net  60  days,  except  artists'  colors,  on  which  the  terms  shall 
be  2%  for  cash  in  10  days,  net  30  days.  Except  that  discount  to 
Trade  Sales  Accounts  may  be  extended  to  the  tenth  day  of  the  month 
following  purchase  and  the  discount  to  Industrial  Sales  Accounts 
may  be  extended  to  the  twentieth  day  of  the  month  following  pur- 
chase to  customers  who  regularly  discount  in  the  month  following 
purchase,  and  provided  that  no  discount  shall  be  allowed  after  the 
discount  date. 

(b)  Dating s. — Except  as  specifically  provided  by  this  Article, 
members  of  the  Trade  shall  not  grant  any  advance  datings  on  the 
sales  of  any  products  of  the  Trade. 

(c)  Sjn^ng  Stock  Orders. — Datings  on  orders  excluding  those  for 
artists'  colors  to  established  dealer  accounts  shall  be  limited  to  dat- 
ings on  Spring  Stock  Orders  for  products  of  the  Paint,  Varnish  and 
Lacquer  Manufacturing  Industry  as  defined  in  the  Code  of  that 
Industry  shipped  at  the  distributor's  convenience  after  October  15, 
with  an  April  1st  dating  and  regular  terms ;  only  one  order  on  any 
one  manufacturer's  line  to  any  one  account. 

(d)  New  Accounts. — The  maximum  dating  on  trade  sales  initial 
stock  orders  for  products  of  the  Paint,  Varnish  and  Lacquer  Manu- 
facturing Industry  as  defined  in  the  Code  of  that  Industry  of  any 
one  manufacturer's  line  to  new  dealer  accounts  shall  be  limited  to 
four  months  from  the  date  of  shipment  and  with  standard  terms,  pro- 
vided that  orders  shipped  between  October  15  and  December  1st  in 
any  year  may  be  with  an  April  1st  dating  and  regular  terms.  Dat- 
ings on  initial  stock  orders  of  artists'  colors  from  new  dealer  and/or 
jobber  accounts  shall  be  limited  to  two  months  from  date  of  ship- 
ment and  shall  be  sold  on  standard  terms. 

(e)  Fall  Stock  Orders  on  Artists''  Colors. — Datings  on  orders  to 
establish  dealer  and/or  jobber  accounts  shall  be  limited  to  datings 
on  fall  stock  orders  and  shipped  at  the  wholesaler's  convenience 
after  April  1,  with  a  September  1  dating,  sold  on  regular  terms  and 
only  one  order  to  any  one  account.  In  the  case  of  show-card  colors 
and  inks,  which  are  subject  to  freezing,  dating  shall  be  limited  on 
spring  stock  orders  shipped  at  the  wholesaler's  convenience  after 
November  1st  (or,  in  the  event  shipment  is  made  by  a  water  route, 
which  is  affected  by  the  closing  of  navigation,  this  date  may  be  ad- 
vanced not  to  exceed  ten  days  prior  to  the  official  closing  of  navi- 
gation over  such  route),  with  an  April  1st  dating  and  sold  on 
regular  terms  and  only  one  order  to  any  one  account. 

(f )  Anticipated  Discounts. — If  any  advance  dating  shall  be  per- 
mitted under  this  Article,  an  anticipation  discount  may  be  allowed  to 
the  extent  of  one  half  of  one  percent  per  month. 


556 

Sectiox  3.  (a)  Price  Guarantees. — Guarantees  against  price  decline 
are  prohibited  except  in  the  ease  of  an  order  on  which  a  dating  has 
been  allowed,  as  herein  provided,  when  such  price  guarantee  may  be 
given  for  a  time  not  to  exceed  the  dating  period  granted. 

(b)  T'nnc  (riiarontecs. — Definite  time  guarantees  on  the  life  and/or 
service  of  the  products  of  the  Trade  are  hereby  prohibited. 

Section  4.  Consignment. — No  member  of  the  Trade  shall  ship 
goods  on  consignment  except  under  circumstances  to  be  defined  by  the 
Divisional  Code  Authority,  where  peculiar  circumstances  of  the 
Trade  require  the  practice. 

Section  5.  Returned  Goods. — No  member  of  the  Trade  shall 
accept  the  return  of  merchandise  from  any  customer  without  having 
given  prior  consent  to  the  return  thereof,  except  in  the  case  of  defec- 
tive products  or  where  in  some  other  way  the  member  of  the  Trade 
may  be  responsibk'.  On  such  goods  a&  are  accepted  for  return  in 
accordance  with  prior  consent  given  bv  a  member  of  the  Trade,  a 
reasonable  charge,  not  less  than  five  (5)  percent  of  the  selling  price 
shall  be  made  and  the  freight  charges  shall  be  charged  to  the  ship- 
per returning  goods  except  in  the  case  of  defective  products  or  where 
in  some  other  way  the  member  of  the  Trade  may  be  responsible.^ 

Section  6.  (a)  Selling  Below  Cost. — Destructive  price  cutting 
is  an  unfair  method  of  competition  and  is  forbidden.  Any  sale 
shall  be  deemed  prima  facie  destructive  price  cutting  if  the  net  sales 
price  shall  be  less  than  the  seller's  net  invoice  cost  plus  cost  of  trans- 
portation; provided,  however,  that  no  sale  shall  be  deemed  destruc- 
tive price  cutting  if  made  in  good  faith  to  meet  existing  competition. 

(b)  Clearance  Sales. — Bona  fide  sales  for  the  purpose  of  closing 
out  discontinued,  obsolete,  or  damaged  merchandise  may  be  made 
at  such  prices  and  upon  such  terms  and  conditions  as  may  be  neces- 
sary to  effect  their  sale.  Full  details  concerning  such  sales,  includ- 
ing the  amount  of  such  merchandise  on  hand  and  the  date  of  its 
purchase,  must  be  reported  to  the  Divisional  Code  Authority  at 
least  one  week  before  the  date  of  such  sale.  If  the  Divisional  Code 
Authority  shall  so  demand,  any  wholesaler  making  such  sales  shall 
furnish  to  it  proof  that  such  sales  were  made  in  good  faith.  If  at 
any  time  the  Administrator  finds  that  the  Divisional  Code  Authority 
is  abusing  the  authority  granted  to  it  by  this  Section,  he  shall 
declare  it  inoperative  either  temporarily  or  permanently. 

(c)  Free  Goods. — No  goods  shall  be  given  free  by  any  member 
of  the  Trade  either  alone  or  in  connection  with  the  sale  of  other 
merchandise,  except  where  such  free  goods  are  given  by  a  manu- 
facturer and  merely  passed  on  by  the  wholesaler  to  his  customer. 

Section  7.  Emergc/nc^j  Provision. — When  the  Divisional  Code 
Authority  determines  that  an  emergency  exists  in  this  Trade  and 
that  the  cause  thereof  is  destructive  price  cutting  such  as  to  render 
ineffective  or  seriously  endanger  the  maintenance  of  the  provisions 
of  this  Supplemental  Code,  the  Divisional  Code  Authority  may 
recjuest  the  Administrator,  subject  to  such  notice  and  hearing  as  he 
may  require,  to  declare  such  emergency  and  determine  a  mininmm 
markup  to  be  added  to  the  cost  as  established  in  paragraph  (a), 
Section  6  of  this  Article.  During  the  period  of  the  emergency  it 
shall  be  an  unfair  trade  practice  for  any  member  of  the  Trade  to 

^  See  paragraph  2  of  order  approving  this  Code. 


557 

sell  or  offer  to  sell  any  products  of  the  Trade  at  such  prices  or  upon 
such  terms  or  conditions  of  sale  that  the  buyer  will  pay  less  therefor 
than  net  invoice  cost  plus  the  minimum  markup  and  cost  of  trans- 
portation, except  as  provided  elsewhere  in  this  Article. 

When  it  appears  that  conditions  have  changed,  the  Divisional 
Code  Authority,  upon  its  own  initiative  or  upon  the  request  of  any 
interested  party,  shall  cause  such  determination  to  be  reviewed.  The 
Administrator  may  at  any  time  review  such  determination  and 
modify  or  discontinue  the  operation  of  this  Section. 

Sectiox  8.  Suhterfuge. — It  shall  be  an  unfair  trade  practice  for 
any  member  of  the  Trade  to  employ  subterfuge  directly  or  indirectly 
to  avoid  or  attempt  to  avoid  the  provisions  of  this  Supplemental 
Code,  or  of  the  General  Code,  or  the  purposes  and  intent  of  the 
National  Industrial  Recovery  Act,  which  are  to  increase  employ- 
ment, provide  better  wages,  promote  fair  competitive  methods, 
better  business  conditions,  and  promote  the  public  welfare. 

Article  V — Power  of  President  to  Modify 

This  Supplemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President  in  accordance 
with  the  provisions  of  Sub-section  (b)  of  Section  10  of  the  Act,  from 
time  to  time  to  cancel  or  modify  any  order,  approval,  license,  rule 
or  regulation  issued  under  Title  I  of  said  Act. 

Article  VI — Effective  Date 

This  Supplemental  Code  shall  become  effective  ten  (10)  days  after 
its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  18. 
Registry  No.  619-06. 


ADMINISTRATIVE  ORDERS 


559 


ADMINISTRATIVE  ORDER  NO.  88-14 

Stay   of  Code  Provisions    Relevant  to   Contracts    with  the 
Procurement  Division  of  the  U.S.  Government 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  BUSINESS  FURNI- 
TURE, STORAGE  EQUIPMENT  AND  FILING  SUPPLY  INDUSTRY- 
APPROVAL  OF  APPLICATION  OF  THE  NATIONAL  EMERGENCY 
COMMITTEE  OF  THE  BUSINESS  FURNITURE,  STORAGE  EQUIP- 
MENT AND  FILING  SUPPLY  INDUSTRY,  FOR  AN  EXEMPTION 
FROM  THE  PROVISIONS  OF  ARTICLE  V,  SECTION  A,  AND  ARTICLE 
VI  OF  THE  VARIOUS  DIVISIONAL  SUPPLEMENTAL  CODES, 
EXHIBITS  C 

An  application  having  been  duly  made  by  the  National  Emergency 
Committee  of  the  Business  Furniture,  Storage  Equipment  and  Filing 
Supply  Industry,  for  an  Exemption  from  the  Provisions  of  Article 
V,  Section  a,  and  Article  VI  of  Exhibits  C,  of  the  Code  of  Fair  Com- 
petition for  the  Business  Furniture,  Storage  Equipment  and  Filing 
Supply  Industry  to  the  extent  only  that  when  applied  to  purchases 
by  the  Procurement  Division  of  the  United  States  maximum  c[uantity 
discounts  be  permitted  regardless  of  quantity  involved  in  any  one 
order,  and  the  Division  Administrator  having  recommended,  and  it 
appearing  that  justice  requires,  that  said  application  be  granted  to 
the  extent  hereinafter  stated, — 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me,  do  hereby 

ORDER,  that  said  Application  for  exemption  be  and  the  same  is 
hereby  granted  in  so  far  as  the  provisions  above  referred  to  in  any 
wise  affect  the  purchases  and  contracts  by  the  Procurement  Division 
of  the  United  States  Government  with  any  member  of  the  Industry. 

Administrative  Order  No.  88-7,  dated  June  8,  1934,  entitled 
"Approval  of  Application  of  the  Steel  Office  Furniture  Division  of 
the  Business  Furniture,  Storage  Equipment  and  Filing  Supply 
Industry,  for  an  Exemption  from  the  Provisions  of  Article  V,  Section 
(a)  and  Article  VI,  of  the  Divisional  Supplemental  Code  for  the  Steel 
Office  Furniture  Industry — Exhibit  C"  is  hereby  rescinded. 

Hugh  S.  Johnson, 
Administrator  j or  Industrial  Recovery. 

Approval  recommended: 
C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

July  23, 1934. 


560 


ADMINISTRATIVE  ORDER  NO.  212-14 

Order,  Code  of  Fair  Competition  for  the  Drapery  and  Up- 
holstery Trimming  Industry — Extension  of  the  Code  for  a 
Period  of  Three  Months 

WHEREAS,  Article  XI  of  the  Code  of  Fair  Competition  for  the 
Drapery  and  Upholstery  Trimming  Industry  states: 

"This  Code  shall  become  effective  on  the  tenth  day  after 
date.  It  shall  continue  in  effect  for  a  period  of  six  (6)  months 
after  such  effective  date.  This  time  may  be  further  extended 
or  shortened  upon  application  of  the  Code  Authority  approved 
by  the  Administrator." 
and 

WHEREAS,  this  Code  became  effective  on  January  26,  1934,  and 
continues  in  effect  only  until  July  26,  1934;  and 

WHEREAS,  the  Code  Authority  having  made  application  for  the 
extension  of  this  Code  in  accordance  with  said  Article: 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  b}^  Executive 
Orders  of  the  President,  including  Executive  Order  No.  6543-A, 
dated  December  30,  1933,  and  otherwise;  do  find  that  the  extension 
of  said  Code  will  promote  the  policy  and  purposes  of  Title  I  of  the 
National  Industrial  Recovery  Act;  and  do  hereby  order  that  said 
Code  of  Fair  Competition  be  and  it  is  hereby  extended  for  a  period 
of  three  (3)  months  from  July  26,  1934,  provided,  however,  that  a 
public  hearing  may  be  called  during  this  period  to  consider  combining 
this  Code  with  a  related  Code  of  Fair  Competition. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

July  23,  1934. 


561 


ADMINISTRATIVE  ORDER  NO.  436-7 

Order,  Code  of  Fair  Competition  for  the  Fur  Manufacturing 
Industry — Designating  Two  (2)  Additional  Members  to  the 
Temporary  Code  Authority  of  the  Fur  Manufacturing 
Industry 

A  Code  of  Fair  Competition  for  the  Fur  Manufacturing  Industry- 
having  been  approved  on  May  19,  1934  and,  pending  the  recognition 
of  the  permanent  Code  Authority  provided  for  in  said  Code,  a  tempo- 
rary Code  Authority  for  said  Industry  having  been  designated  by 
Administrative  Order  No.  436-5,  dated  July  10,  1934,  and  it  appearing 
that  justice  and  the  interest  of  effective  code  administration  require 
that,  pending  the  election  of  the  two  (2)  additional  Industry  Members 
provided  for  in  subsections  (e)  and  (f)  of  Section  1  of  Article  VI  of 
said  Code,  two  (2)  additional  persons  should  be  designated  as  mem- 
bers of  said  temporary  Code  Authority,  one  (1)  of  whom  shall  repre- 
sent members  of  the  Industry  not  affiliated  with  any  of  the  proponent 
associations  (said  proponent  associations  being  enumerated  in  sub- 
sections (a),  (b),  (c),  and  (d)  of  Section  1  of  Article  VI  of  said  Code) 
and  located  in  Area  "A"  as  defined  in  Section  6  (a)  of  Article  IV  of 
said  Code,  and  one  (1)  of  whom  shall  represent  members  of  the 
Industry  not  affiliated  with  any  of  said  proponent  associations  and 
located  in  any  other  part  of  the  United  States  outside  of  Area  "A" 
as  defined  in  said  Section  6  (a)  of  Article  IV. 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  by 
the  Administrator  for  Industrial  Recovery,  I  do  hereby 

ORDER  that  the  membership  of  the  Temporary  Code  x\uthority 
for  the  Fur  Manufacturing  Industry  be,  and  it  is  hereby,  increased, 
by  the  addition  of  two  (2)  Industry  members,  and  I  do  further 

ORDER  that,  pending  the  election  of  the  Industry  members  of 
the  Code  Authority  provided  in  subsections  (e)  and  (f)  of  Section  1 
of  Article  VI  of  said  Code,  the  following  named  persons,  in  addition 
to  those  persons  designated  by  the  aforesaid  Administrative  Order, 
be  and  they  are  hereby  designated  members  of  said  Temporary  Fur 
Code  Authority. 

William  Greenfield,  R.  E.  Albrecht, 

of  Leo  Greenfield  &  Son,  6th  and  Minnesota  Streets, 

20  West  33rd  St.,  N.Y.C.  St.  Paul,  Minnesota. 

This  Order  may  be  modified  or  revoked  at  any  time  hereafter. 

Wm.  p.  Farnsworth, 
Acting  Divisiori  Administrator. 
Approval  recommended: 
Dean  G.  Edwards, 

Deputy  Administrator. 

July  23,  1934. 


562 


ADMINISTRATIVE   ORDER   NO.  480-2 

Order,  Code  of  Fair  Competition  for  the  Structural  Steel 
AND  Iron  Fabricating  Industry — Staying  Effective  Date  of 
Code 

WHEREAS,  on  July  11,  1934  a  Code  of  Fair  Competition  for 
the  Structural  Steel  and  Iron  Fabricating  Industry  was  approved 
to  be  effective  on  July  22,  1934;  and 

WHEREAS,  it  appears  that  it  will  serve  the  best  interests  of  the 
Industry  subject  to  such  Code  if  the  effective  date  thereof  is  stayed 
for  a  period  of  fifteen  days; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  it  is 
hereby  ordered  that  the  operation  of  said  Code  be  and  it  is  hereby 
stayed  for  all  purposes  until  August  6,  1934. 

Hugh  S.  Johnson, 
Administrator  Jor  Industrial  Recovery. 

Order  recommended: 
George  L.  Berry, 

Dimsion  Administrator. 

Approved: 

Walter  G.  Hooke, 

Deputy  Administrator. 

Approved : 

J.  G.  Scott, 

Legal  Division. 

July  23,  1934. 


563 


ADMINISTRATIVE  ORDER  NO.  152-8  AND  446-4 

Territorial  Exemptions  from  Codes  for  Can  Manufacturing 

AND  Canning 


ORDER,   STAYING   ORDER  OF  JULY  2,   1934,   SO   FAR  AS   CERTAIN 
HAWAIIAN  INDUSTRIES  ARE  AFFECTED 

A  petition  having  been  filed  with  me  on  behalf  of  the  Pineapple 
Producers  Cooperative  Association  of  Hawaii  and  the  Canning  Code 
Authority  for  an  exemption  of  the  Hawaiian  Canning  Industry  from 
Administrative  Order  No.  X-60,  dated  July  2,  1934,  and  a  petition 
having  been  filed  by  the  Board  of  Governors  of  the  Can  Manufacturers 
Industry  on  behalf  of  that  industry  asking  that  the  aforesaid  Admin- 
istrative Order  be  stayed  so  far  as  the  Hawaiian  members  of  the  indus- 
try are  aft'ected  thereby;  and 

WHEREAS,  it  appears  from  the  petition  and  the  report  of  the 
Deputy  Administrator  that  the  Pineapple  Producers  Cooperative 
Association  of  Hawaii  is  truly  representative  of  the  Pineapple  canning 
industry,  in  the  territory,  representing  90%  of  the  Island  Pineapple 
canning  industry,  and  it  also  appearing  that  such  members  of  the 
canning  industry  are  satisfied  to  remain  and  operate  under  the  Code 
of  Fair  Competition  for  the  canning  industry  heretofore  approved 
on  May  29,  1934; 

AND,  WHEREAS,  it  also  appears  that  the  member  of  the  Can 
Manufacturers  Industry  located  in  the  Territory  is  satisfied  to  remain 
under  and  to  operate  under  the  Code  of  Fair  Competition  for  the 
Can  Manufacturers  Industry  approved  on  December  15,  1933; 

NOW,  THEREFORE,  being  satisfied  that  where  the  above  men- 
tioned situation  exists  in  an  industry  competitive  with  such  industry 
on  the  mainland  that  Administrative  Order  No.  X-60  should  be 
stayed,  it  is  hereby  ORDERED,  pursuant  to  authority  vested  in 
me  bv  Executive  Orders  of  the  President  of  the  United  States,  in- 
cluding Executive  Order  No.  6543-A,  dated  December  30,  1933,  that: 

Administrative  Order  No.  X-60  be  and  the  same  is  hereby  stayed 
pending  my  further  order  so  far  as  all  persons  engaged  in  the  canning 
of  pineapple  in  the  Territory,  who  were  but  for  the  aforesaid  Order 
subject  to  the  Code  of  Fair  Competition  for  the  Canning  Industry, 
are  concerned; 

And  that  the  said  Order  be  and  the  same  is  hereby  stayed  pending 
ni}^  further  order  so  far  as  all  persons  engaged  in  the  manufacture  of 
cans  in  the  Territory,  who  but  for  said  Order  were  subject  to  the  Code 
of  Fair  Competition  for  the  Can  Manufacturers,  are  concerned. 

Provided,  however,  that  the  above  ordered  stays  are  subject  to  the 
action  taken  upon  the  recommendations  of  the  Deputy  Administrator 
for  Hawaii  after  a  public  hearing  to  determine  whether  the  wages  paid 


564 

on  July  15,  1929,  the  minimum  wage  now  prescribed  in  the  respective 
Codes,  is  the  proper  minimum. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Linton  M.  Collins, 

Acting  Division  Administrator. 

Washington,  D.C, 

July  23,  1934. 


565 


ADMINISTRATIVE   ORDER   NO.  458-7 
Extension  of  Stay  of  One  Trade  Practice  Provision 


ORDER,  STAYING  ARTICLE  VIII,  RULE  21  OF  CODE  OF  FAIR  COMPE- 
TITION FOR  THE  WHOLESALE  CONFECTIONERS'  INDUSTRY 

WHEREAS,  in  the  Executive  Order  dated  June  6,  1934,  approving 
Code  of  Fair  Competition  for  the  Wholesale  Confectioners'  Industry, 
it  was  therein  provided  that  the  provisions  of  Article  VIII,  Rule  21, 
of  said  code,  were  stayed  and  did  not  become  effective  for  a  period  of 
ten  (10)  days  in  order  to  afford  consideration  of  the  objections  of  any 
interested  parties;  and 

WHEREAS,  in  the  Order  approved  June  21,  1934,  said  stay  of 
Article  VIII,  Rule  21,  was  extended  to  July  15,  1934,  to  afford  an 
opportunity  to  consider  the  objections  of  any  interested  parties;  and 

WHEREAS,  after  due  notice  a  Public  Hearing  was  held  on  July 
10,  1934,  to  afford  an  apportunity  for  the  presentation  of  objections 
to  said  Article  VIII,  Rule  21. 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Jonnson,  pursuant  to  authority  vested  in  me  by 
Executive  Order  6543-A,  dated  December  30,  1933,  and  otherwise,  do 
hereby  stay  the  provisions  of  Article  VIII,  Rule  21,  of  the  Code  of 
Fair  Competition  for  the  Wholesale  Confectioners'  Industry,  to  July 
30,  1934,  in  order  to  permit  parties  affected  by  said  Article  VIII, 
Rule  21,  to  dispose  of  stocks  now  on  hand  and  on  the  date  herein 
specified,  the  provisions  of  said  Article  VIII,  Rule  21,  shall  become 
effective  unless  I  shall  by  my  further  Order  otherwise  determine  or 
extend  such  stay. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

July  23,  1934. 


80835—34 31 


566 


ADMINISTRATIVE  ORDER  NO.  137-14 
Code  Administration,  Collection  of  Expenses  of 


CODE  OF  FAIR  COMPETITION  FOR  THE  WARM  AIR  FURNACE 
MANUFACTURING  INDUSTRY— ORDER  OF  TERMINATION  OF 
EXEMPTION 

xVn  application  having  been  duh'  made  by  the  Code  Authority  of 
the  Warm  Air  Furnace  Manufacturing  Industry  for  the  termination 
of  the  exemption  conferred  in  Paragraph  III  of  Administrative  Order 
No.  X-36,  dated  May  26,  1934,  the  budget  and  basis  of  contribution 
submitted  by  the  Code  Authority  of  the  above  Industry  having  here- 
tofore been  approved  by  the  Administrator,  and  opportunity  to  be 
heard  having  been  afforded  all  members  of  the  Industry  and  any 
objections  filed  having  been  duly  considered,  and  it  appearing  that 
termination  of  said  exemption  is  merited; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered,  subject  to  any  pertinent  rules  and  regulations  issued 
by  the  Administrator,  that  any  exemption  conferred  by  Paragraph  III 
of  Administrative  Order  No.  X-36,  dated  May  26,  1934,  upon  any 
member  of  this  Industry  be  and  it  is  hereby  terminated  as  to  all 
members  of  the  Industry  whose  sales  of  industry  products  during  the 
calendar  year  of  1933  exceeded  the  aggregate  sum  of  $5000.00 

Barton  W.  Murray, 
Division  Administrator. 
Approval  recommended: 
Neal  W.  Foster, 

Deputy  Administrator. 

July  24,  1934. 


567 


ADMINISTRATIVE  ORDER  NO.  288-13 

Cancellation  of  Order  Adding  Two  Members  to  the  News- 
paper Industrial  Board 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  DAILY  NEWS- 
PAPER PUBLISHING  BUSINESS— CANCELLING  ADMINISTRATIVE 
ORDER  NO.  288-7  PROVIDING  FOR  ADDITIONAL  MEMBERS  ON 
THE  NEWSPAPER  INDUSTRIAL  BOARD  CREATED  UNDER  THE 
CODE  FOR  THE  DAILY  NEWSPAPER  PUBLISHING   BUSINESS 

Pursuant  to  the  authority  vested  in  me  under  Title  I  of  the  Na- 
tional Industrial  Recovery  Act  by  Executive  Orders  of  the  President, 
including  Executive  Order  Number  6543-A,  dated  December  30, 
1933,  and  otherwise,  and  in  furtherance  of  the  public  interest  and  in 
order  to  efi'ectuate  the  policies  of  said  Title  of  said  i\.ct.  Administra- 
tive Order  Number  288-7,  dated  May  28,  1934,  providing  for  addi- 
tional members  on  the  Newspaper  Industrial  Board,  created  under 
the  Code  for  the  Daily  Newspaper  Publishing  Business,  is  hereby 
cancelled. 

Hugh  S.  Johnson, 

Administrator. 

Approval  recommended: 

George  Buckley, 

Division  Seven. 

July  25,  1934. 


568 


ADMINISTRATIVE  ORDER  NO.  347-15 
Extending  Time  to  Elect  Code  Authorities 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  MACHINERY 
AND  ALLIED  PRODUCTS  INDUSTRY— GRANTING  APPLICATION 
OF  THE  BASIC  CODE  AUTHORITY  FOR  THE  ABOVE  INDUSTRY  FOR 
A  TEMPORARY  EXEMPTION  OF  THE  ENTIRE  INDUSTRY  FROM 
CERTAIN  PROVISIONS  OF  ARTICLE  VI,  PARAGRAPH  (G)  AS 
AMENDED   xMAY  IS,  1934 

WHEREAS,  an  application  has  boon  made  by  the  Basic  Code 
Authority  of  the  Machinery  and  AlUed  I'roducts  Industry  on  behalf  of 
the  entire  Industiy  for  a  temporary  exemption  from  certain  provisions 
of  Article  VI,  Paragraph  (g)  as  amended,  of  the  Code  of  Fair  Compe- 
tition for  that  Industry;  and 

AMIEREAS,  the  Deputy  Administrator  has  reported,  and  it  ap- 
pears to  my  satisfaction,  that  tiie  exemption  hereinafter  granted  is 
necessary  and  will  tend  to  eflectuate  the  policies  of  Title  I  of  the 
National  Industrial  Recovery  Act: 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  each  Subdivision  subject  to  the  above-mentioned 
Code  be  and  each  is  hereby  exempted,  for  a  period  not  exceeding 
thirty  (30)  days,  from  the  provisions  of  Article  VI,  Paragraph  (g),  as 
amended,  of  the  above-mentioned  Code,  insofar  as  that  paragraph 
rec(uires  the  holding  of  Subdivision  meetings  for  the  adoption  of 
procedural  rules  and  the  election  of  Permanent  Code  Authorities 
within  one  hundred  and  twenty  (120)  days  after  the  effective  date  of 
the  Code: 

PROVIDED,  HOWEVER,  that  each  Subdivision,  which  has  not 
already  done  so,  shall  hold  a  duly  called  Subdivision  meeting  in 
accordance  with  the  above-mentioned  paragraph,  prior  to  the  expira- 
tion of  thirty  (30)  days  after  the  date  of  this  Order. 

Barton  W.  Murray, 
Division  Administrator. 

Order  recommended: 
H.  Ferris  White, 

Acting  Deputy  Administrator. 

Washington,  D.C, 

July  25,  1934. 


569 


ADMINISTRATIVE  ORDER  NO.  1-80 
Partial  Approval  of  Order  Curtailing  Productive  Machinery 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  COTTON  TEXTILE 
INDUSTRY— GRANTING  IN  PART  AND  DENYING  IN  PART  THE 
APPLICATION  OF  CERTAIN  KNITTERS  OF  UNDERWEAR,  OWNING 
THEIR  OWN  SPINDLES,  FOR  AN  EXEMPTION  FROM  THE  PRO- 
VISIONS OF  THE  ADMINISTRATIVE  ORDER  OF  MAY  22,  1934 

WHEREAS,  by  order  dated  June  13,  1934,  the  application  of 
certain  knitters  of  underwear,  owning  their  own  spindles,  for  an 
exemption  from  Administrative  Order  of  May  22,  1934,  providing 
for  curtailment  of  twenty-five  percent  (25%)  m  the  use  of  productive 
machinery  for  three  (3J  periods  of  four  (4)  weeks  each,  beginning 
June  4,  1934,  was  denied;  and 

WHEREAS,  said  knitters  have  made  application  for  reconsidera- 
tion of  their  petition;  and 

WHEREAS,  by  order  dated  June  22,  1934,  a  committee  was 
provided  to  hold  conferences  and  to  make  recommendations;  and 

WHEREAS,  the  committee  has  met  and  made  recommendations, 
w^hich  recommendations  have  been  concurred  in  by  the  Code  Author- 
ity; and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it 
appears  to  my  satisfaction  that  the  exemption  granted  herein  is 
necessary  and  will  tend  to  effectuate  the  policies  of  Title  I  of  the 
National  Industrial  Recovery  Act: 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  by  the 
Administrator  for  Industrial  Recovery,  and  otherwise,  it  is  hereby 
ordered  that  said  application  for  exemption  be  and  it  is  hereby  granted 
to  the  extent  that  all  knitters  of  underwear,  owning  spindles,  and 
spinning  yarn  exclusively  for  their  own  use,  shall  be  exempted  entirely 
for  the  four  (4)  week  period  beginning  June  4,  1934,  from  the  provisions 
of  the  Administrative  Order  of  May  22,  1934,  and  that  for  the  eight 
(8)  week  period  beginning  July  2,  1934,  said  knitters  of  underwear 
shall  only  curtail  their  use  of  productive  machinery  from  the  maxi- 
mum machine  hours  permitted  by  the  Code  of  Fair  Competition  for 
the  Cotton  Textile  Industry,  by  the  equivalent  of  one  and  one-half 
(IK)  weeks'  full  time  operation  under  said  Code,  or  by  one  hundred 
twenty  (120)  machine  hours,  provided  that  knitters  of  underwear, 
owning  spindles,  but  not  spinning  yarn  exclusively  for  their  own  use, 
will  conform  to  said  order  of  the  Administrator,  and,  provided  further 
that  any  knitter,  owning  spindles,  but  not  spinning  yarn  exclusively 
for  his  own  use,  who  did  not  comply  with  said  order  during  the  four 
(4)  week  period  beginning  June  4,  1934,  in  reliance  on  the  stay  granted 
by  the  order,  dated  June  22,  1934,  shall  curtail  his  operations  during 


570 

the  eight  (8)  weeks  beginning  July  2,  1934,  to  such  an  extent  that 
the  total  number  of  machine  hours  curtailed  during  such  eight  (8) 
week  period  will  be  equivalent  to  the  number  of  machine  hours  which 
would  have  been  curtailed  during  the  entire  twelve  (12)  week  period 
beginning  June  4,  1934,  had  that  stay  not  been  granted,  and  it  is 
hereby  further  ordered  that  said  application  for  exemption  be  and  it 
hereb}^  is  in  all  other  respects  denied. 

Robert  L.  Houston, 
Division  Administrator. 

Order  recommended: 

Prentiss  L.  Coonley, 
Deputy  Administrator. 

July  26,  1934. 


571 


ADMINISTRATIVE  ORDER  NO.  261-8 

Approving  a  List  of  Hazardous  Occupations  in  the  Foundry 

Supply  Industry 

Mr.  F.  C.  Davison,  Secretary, 
Code  Authority,  Foundry  Supply  Industry, 

19  West  Uth  Street,  New  York,  N.Y. 
Dear  Mr.  Davidson:  The  Administrator  instructs  me  to  acknowl- 
edge your  letter  of  July  12,  1934,  in  which  you  submitted  a  list  of 
hazardous  occupations  for  the  Industry. 

After  examination  of  the  list  of  hazardous  occupations  from  which 
minors  under  eighteen  years  of  age  shall  be  excluded  in  the  Foundry 
Supply  Industry,  approval  is  hereby  given. 
Very  tridy  yours, 

Barton  W.  Murray, 
Division  Administrator. 
July  26,  1934. 


572 


ADMINISTRATIVE  ORDER  NO.  X-68 

Re  Government  Contracts  and  Contracts  Involving  the  Use 
OF  Government  Sounds 


APPLICATION  OF  EXECUTIVE  ORDER  NO.  6646 

By  virtue  of  the  delegation  of  authority  to  me  by  the  President  of 
the  United  States  in  Paragraph  3  of  Executive  Order  6646  signed 
March  14th,  1934: 

The  Administrator  for  the  Petroleum  Industry  is  hereby  designated 
to  decide  anj^  dispute  which  shall  arise  between  any  agency  of  the 
United  States  and  any  bidder,  contractor,  supplier,  or  other  person 
as  to  compliance  with  the  approved  Code  of  Fair  Competition  for 
the  Petroleum  Industry,  in  connection  with  any  proposal,  bid,  con- 
tract, subcontract,  or  purchase  order  mentioned  in  said  Executive 
Order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

July  26,  1934. 


573 


ADMINISTRATIVE  ORDER  NO.  60-148 
Overtime  Work  Allowed  for  Inventory  Purposes 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  RETAIL  TRADE- 
GRANTING  APPLICATION  FOR  A  STAY  OF  THE  PROVISIONS  OF 
ARTICLE  V,  SECTIONS  4  (d)   AND  6 

WHEREAS,  an  application  has  been  made  by  the  National  Retail 
Code  Authority,  Inc.,  for  a  stay  of  the  operation  of  the  provisions  of 
Article  V,  Sections  4  (d)  and  6  of  the  Code  of  Fair  Competition  for  the 
Retail  Trade;   and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it  appears 
to  my  satisfaction  that  the  stay  hereinafter  granted  is  necessary  and 
wiU  tend  to  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  said  application  be  and  it  is  hereby  granted 
to  the  following  extent:  all  retailers  governed  by  the  Code  of  Fair 
Competition  for  the  Retail  Trade  are  hereby  permitted,  for  the  pur- 
pose of  taking  inventory  only,  to  work  such  employees  as  are  especially 
skilled,  any  number  of  hours  or  any  days  in  the  week  or  weeks  selected 
as  peak-period-weeks,  under  said  Article  V,  Section  4  (d)  without 
regard  to  the  consecutive  hour  provisions  of  Article  V,  Section  6, 
provided,  however,  that  the  maximum  weekly  employee  hours  per- 
mitted for  such  peak-period-weeks  shall  not  be  exceeded;  and  that 
time  and  one-half  shall  be  paid  for  any  hours  worked  in  excess  of  the 
maximum  daily  hours  permitted  in  such  peak  periods.  The  active 
period  of  this  exemption  shall  terminate  August  31,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Robert  L.  Houston, 

Division  Administrator,  Division  Four. 

July  26,  1934. 


574 


ADMINISTRATIVE  ORDER  NO.  145-17 
Order  Terminating  Stay 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  FURNITURE  MAN- 
UFACTURING INDUSTRY— TERMINATING  A  STAY  OF  THE  PRO- 
VISIONS 0.'  ARTICLES  III,  IV  AND  V  AS  APPLICABLE  TO  CERTAIN 
EMPLOYEES  OR  CONTRACT  WORKERS  ENGAGED  IN  THE  WEAV- 
ING BY  HAND  OF  CHAIR  SEATS  AND  BACKS  MADE  OF  CANE, 
RATTAN  AND  OTHER  MATERIALS,  WHEN  THE  WORK  IS  DONE 
IN  THE  HOMES  OF  SUCH  EMPLOYEES  OR  CONTRACT  WORKERS 

^ATIEREAS,  the  provisions  of  .Vi-ticles  III,  IV  and  V  of  the  above 
Code  as  appUed  to  certain  employees  or  contract  workers  engaged  in 
the  weaving  by  hand  of  chau^  seats  and  backs  made  of  cane,  rattan  and 
other  materials,  when  the  work  is  done  in  the  homes  of  such  employees 
or  contract  workers,  have  been  stayed  by  my  Order  of  January  12, 
1934,  and  a  Public  Hearing  thereon  has  been  held  on  March  19,  1934; 
NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  I  hereby 
order  that  the  above  granted  Stay  be  hereby  terminated,  such  termina- 
tion, however,  not  to  become  effective  until  August  20,  1934^  so  as  to 
give  me  opportunity  to  consider  all  Petitions  for  Exemption  from 
Articles  III,  IV  and  V  of  the  above  Code  as  applied  to  such  employees 
or  contract  workers,  that  may  be  presented  by  members  of  this 
Industry  receiving  the  benefits  of  the  above  Stay. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

July  27,  1934. 


575 


ADMINISTRATIVE  ORDER  X-69 

Labor  Complaints  and  Disputes 

By  virtue  of  the  authoritj^  vested  in  me  under  the  National  Indus- 
trial Recovery  Act,  I  hereby  prescribe  theiollowing  regulations,  super- 
seding Administrative  Order  X-12. 

1.  Administrative  Order  X-12  is  hereby  abrogated. 

2.  With  respect  to  labor  complaints: 

a.  Code  Authorities  that  have  not  already  done  so,  are  requested  to 
submit  to  the  Administrator  for  approval,  plans  for  the  handling  of 
labor  complaints.  Until  such  plan  has  been  approved,  a  Code 
Authority  is  not  authorized  to  handle  labor  complaints,  with  the  ex- 
ception of  complaints  voluntarily  registered  with  the  Code  Authority. 

b.  Complaints  may  be  handled  by  a  bi-partisan  committee,  if 
desired ;  or,  if  such  method  is  not  deemed  practicable  or  desirable,  by 
a  committee  composed  of  impartial  members.  In  either  event,  the 
plan  of  organization  and  the  personnel  of  the  committee  are  subject 
to  approval  by  the  Administrator. 

c.  In  many  instances,  it  will  be  found  practical  for  groups  of  related 
trades  or  industries  to  cooperate  in  establishing  a  single  committee. 
In  view  of  the  potential  resulting  economy,  efficiency,  and  elimination 
of  overlapping,  serious  consideration  of  this  type  of  plan  is  urged. 

d.  If  an  industry,  due  to  small  size  or  other  good  cause,  prefers  that 
labor  complaints  should  be  handled  by  the  Compliance  Division,  a 
request  to  that  effect  will  be  considered  and  a  decision  reached  in  the 
light  of  the  particular  facts  involved. 

3.  With  respect  to  labor  disputes: 

a.  This  Administrative  Order  does  not  affect  boards  heretofore 
authorized  to  deal  with  labor  disputes. 

b.  Industries  are  not  required  by  N.R.A.to  set  up  boards  under  codes, 
for  the  handling  of  labor  disputes.  Any  industry  contemplating  such 
a  board  should  study  Public  Resolution  44  of  the  Seventy-Third  Con- 
gress and  the  subsequent  Executive  Order  No.  6763  of  June  29,  1934, 
creating  the  National  Labor  Relations  Board  and  should  consult  said 
Board  and  the  Administrator. 

c.  Cases  heard  by  boards  heretofore  or  hereafter  authorized  to  deal 
with  labor  disputes  may  be  reviewed  by  the  National  Labor  Relations 
Board  in  the  manner  provided  in  said  Executive  Order  No.  6763. 
Moreover,  such  boards  may  be  designated  as  special  boards  or  other- 
wise affected  by  the  President  acting  pursuant  to  the  authority  con- 
ferred by  said  Public  Resolution  44. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
July  27,  1934. 


57G 


ADMINISTRxVTIVE  ORDER  NO.  332-15 

Re  Code  Administration,  Termination  of  Exemption  for  Col- 
lection OF  Expenses  of 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  LADIES  HANDBAG 
INDUSTRY— TERMINATION  OF  EXEMPTION  GRANTED  IN  AD- 
MINISTRATIVE ORDER  NO.  X-36 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
of  the  Ladies  Handbag  Industry  for  termination  of  the  exemption 
conferred  in  Paragraph  111  of  Administrative  Order  No.  X-36, 
dateji  May  26,  1934;  and 

WHEREAS,  an  opportunity  to  be  heard  has  been  duly  afforded  to 
all  interested  parties,  and  the  Assistant  Deputy  Administrator  has 
reported,  and  it  appears  to  my  satisfaction  that  termination  of  said 
exemption  is  merited  and  will  tend  to  effectuate  the  policies  of  Title  I 
of  the  National  Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
herebj^  ordered  that  any  exemption  conferred  by  Paragraph  III  of 
Administrative  Order  No.  X-36,  dated  May  26,  1934,  upon  any 
member  of  this  Industry  be  and  it  is  hereby  terminated. 

William  P.  Farnsworth, 
Acting  Division  Administrator. 
Order  recommended: 
David  Barr, 

Assistant  Deputy  Administrator. 

July  27,  1934. 


577 


ADMINISTRATIVE  ORDER  NO.  165-9 

Code  Administration,  Termination  of  Exemption  for  Collec- 
tion OF  Expenses  of 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  NON-FERROUS 
FOUNDRY  INDUSTRY— TERMINATION  OF  EXEMPTION 
GRANTED  IN   ADMINISTRATIVE  ORDER  X-36 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
of  the  Non-Ferroiis  Foundry  Industry  for  termination  of  the  exemp- 
tion conferred  in  Paragraph  III  of  Administrative  Order  X-36,  dated 
May  26,  1934;  and 

WHEREAS,  an  opportunity  to  be  heard  was  duly  afforded  to  aU 
interested  parties,  and  the  Assistant  Deputy  Administrator  has 
reported,  and  it  appears  to  my  satisfaction  that  termination  of  said 
exemption  is  merited  and  will  tend  to  effectuate  the  policies  of  Title  I 
of  the  National  Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  any  exemption  conferred  by  Paragraph  III  of 
Administrative  Order  X-36,  dated  May  26,  1934,  upon  any  member 
of  this  industry  be  and  it  is  hereby  terminated;  provided,  however, 
that  termination  of  such  exemption  be  limited  to  those  members  of 
industry  whose  foundries  produce  non-ferrous  castings  as  now  or 
hereafter  may  be  defined  in  the  Code  of  Fair  Competition  for  the 
Non-Ferrous  Foundry  Industry,  whether  processed  or  not,  for  sale 
as  castings;  and,  provided  further,  that  this  termination  of  exemption 
shall  not  apply  to  those  members  of  industry  whose  foundries  produce 
processed  non-ferrous  castings  all  of  which  castings  are  sold  as  parts 
or  products  covered  by  the  definitions  of  other  Codes  of  Fair  Com- 
petition which  have  been  or  may  be  approved. 

Barton  W.  Murray, 
Division  Administrator. 
Order  recommended: 

J.  G.  Cowling, 

Deputy  Administrator. 

July  27,  1934. 


578 


ADMINISTRATIVE   ORDER   NO.  278-37 

Order,  Code  of  Fair  Competition  for  the  Trucking  Industry — 
Extending  Time  for  Elections  of  State  Code  Authorities 
IN  THE  State  of  California 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Trucking 
Industry,  as  approved  bv  the  President,  became  effective  February 
25,  1934;  and 

WHEREAS,  Article  III,  Section  A-3  of  said  Code,  provides  that 
State  Code  Authorities  for  the  Trucking  Industry^  shall  be  elected 
within  sixty  (60)  days  after  the  effective  date  of  this  Code;  and 

WHEREAS,  by  various  Administrative  Orders,  the  last  of  which 
was  dated  June  18,  1934,  the  time  within  which  vState  Code  Authori- 
ties should  be  elected  was  extended  to  July  28,  1934;  and 

WHEREAS,  due  to  certain  conditions  within  the  State  of  Cali- 
fornia, it  appears  necessarj^  to  further  extend  the  time  for  the  election 
of  the  permanent  Code  Authoritv  for  said  State  until  August  28,  1934; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  by  virtue  of  the  author- 
ity delegated  to  me  by  Executive  Orders  of  the  President,  and  other- 
wise, do  hereby  order  that  the  time  for  the  election  of  tJie  permanent 
State  Code  Authority  for  the  State  of  California  be  extended  to 
August  28,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approved  by: 

William  P.  Farnswqrth, 

Acting  Division  Adtninistrator. 

July  27,  1934. 


579 


ADMINISTRATIVE  ORDER   NO.  278-38 

Order,  Code  of  Fair  Competition  for  the  Trucking  Industry — 
Extending  Time  for  Election  of  State  Code  Authority  in 
the  State  of  New  Hampshire 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Trucking 
Industry,  as  approved  by  the  President,  became  effective  February  25, 
1934;  and 

WHEREAS,  Article  III,  Section  A-3  of  said  Code,  provides  that 
State  Code  Authorities  for  the  Trucking  Industry  shall  be  elected 
within  sixty  (60)  days  after  the  effective  date  of  this  Code;  and 

WHEREAS,  by  various  Administrative  Orders,  the  last  of  which 
was  dated  June  18,  1934,  the  time  within  which  State  Code  Authori- 
ties should  be  elected  was  extended  to  Jidy  28,  1934;  and 

WHEREAS,  due  to  certain  conditions  within  the  State  of  New 
Hampshire,  it  appearc  necessary  to  further  extend  the  time  for  the 
election  of  the  permanent  Code  Authoritv  for  said  State  until 
August  3,  1934; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  by  virtue  of  the 
authority  delegated  to  me  by  Executive  Orders  of  the  President,  and 
otherwise,  do  hereby  order  that  the  time  for  the  election  of  the 
permanent  State  Code  Authority  for  the  State  of  New  Hampshire 
be  extended  to  August  3,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

William  P.  Farnsworth, 

Acting  Division  Administrator. 

By  John  Hopper, 

Acting  Executive  Assistant. 

July  27,  1934. 


580 


ADMINISTRATIVE  ORDER  NO.  278-39 

Order,  Code  of  Fair  Competition  for  the  Trucking  Industry — 
Granting  Permission  to  Members  of  the  Trucking  Industry 
TO  Vote  if  Registered  Between  June  29  and  July  13,  1934 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Trucking  Indus- 
trv  as  approved  bv  the  President  became  effective  on  February  25^ 
1934;  and 

WHEREAS,  it  is  provided  that  an  election  of  members  of  the 
permanent  State  Code  Authorities  of  this  Industry  should  be  held 
within  sixty  (60)  days  after  the  effective  date  thereof;  and 

WHEREAS,  it  is  provided  that  at  said  election  only  those  members 
of  the  Industry  who  had  registered  within  thirty  (30)  days  after  the 
effective  date  thereof  could  vote;  and 

WHEREAS,  by  extension  of  time  duly  approved  by  the  Adminis- 
trator, the  time  for  such  elections  has  been  extended  to  July  28, 
1934;  and 

WHEREAS,  it  appears  desirable  that  the  fullest  opportunity  be 
afforded  to  those  who  have  registered  and  assented  to  the  Code  to 
participate  in  such  election; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  pursuant  to  the  author- 
ity delegated  to  me  by  Executive  Orders  of  the  President,  and  other- 
wise, do  herebj^  order  that,  in  addition  to  those  assenting  who  have 
registered  prior  to  June  29,  1934,  all  other  members  of  the  Trucking 
Industry  who  have  assented  to  the  Code  and  who  have  registered 
between  June  29  and  the  close  of  business  July  13,  shall  be  entitled 
to  vote  by  mail  in  accordance  with  the  method  of  election  heretofore 
promulgated  by  the  National  Code  Authority. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

William  P.  Farnsworth, 

Acting  Division  Administrator. 
By  John  Hopper, 

Acting  Executive  Assistant. 

July  28,  1934. 


581 


ADMINISTRATIVE   ORDER   NO.  487-3 
Exemption  from  Trade  Practice  Provisions 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  IMPORTING 
TRADE— GRANTING  APPLICATION  OF  CHILEAN  NITRATE  SALES 
CORPORATION,  NEW  YORK,  NEW  YORK,  SYNTHETIC  NITROGEN 
PRODUCTS  CORPORATION,  NEW  YORK,  NEW  YORK,  AND  BRAD- 
LEY AND  BAKER,  NEW  YORK,  NEW  YORK,  ON  BEHALF  OF  THE 
IMPORTERS  OF  INORGANIC  NITROGEN  FOR  AN  EXEMPTION 
FROM  THE  PROVISIONS  OF  ARTICLE  VII 

WHEREAS,  an  application  has  been  made  by  the  above-named 
applicants  for  an  exemption  from  the  Provisions  of  Article  VII  of 
the  Code  of  Fair  Competition  for  the  Importing  Trade;  and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it 
appears  to  my  satisfaction,  that  the  exemption  hereinafter  granted 
is  necessary  and  will  tend  to  effectuate  the  policies  of  Title  I  of  the 
National  Industrial  Recoverj^  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it 
is  hereby  ordered  that  the  Importers  of  Inorganic  Nitrogen  be  and 
they  hereby  are  exempted  from  said  provisions  of  said  Code;  this 
Order  to  become  effective  immediately,  and  to  terminate  sixty  (60) 
days  from  the  date  hereof. 

Robert  L.  Houston, 
Division  Administrator. 
Order  recommended: 
Harry  C.  Carr, 

Deputy  Administrator. 

July  30,  1934. 


80835 — 34 32 


582 


ADMINISTRATIVE  ORDER  NO.  487-2 
Exemption  from  Trade  Practice  Provisions 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  IMPORTING 
TRADE— GRANTING  APPLICATION  OF  N.  V.  POTASH  EXPORT  MY, 
INC.,  NEW  YORK,  NEW  YORK,  AND  INTERNATIONAL  SELLING 
CORPORATION,  NEW  YORK,  NEW  YORK,  ON  BEHALF  OF  THE 
IMPORTERS  OF  POTASH  AND  POTASH  SALTS  FOR  AN  EXEMP- 
TION FROM  THE  PROVISIONS  OF  ARTICLE  VII 

WHEREAS,  an  application  has  been  made  by  the  above-named 
applicants  for  an  exemption  from  the  Provisions  of  Article  VII  of  the 
Code  of  Fair  Competition  for  the  Importing  Trade;  and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it  appears 
to  my  satisfaction,  that  the  exemption  hereinafter  granted  is  neces- 
sary and  will  tend  to  effectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  Importers  of  Potash  and  Potash  Salts  be  and 
they  hereby  are  exempted  from  said  provisions  of  said  Code;  this 
Order  to  become  effective  immediately,  and  to  terminate  sixty  (60) 
days  from  the  date  hereof. 

Robert  L.  Houston, 
Division  Administrator. 

Order  recommended: 
Harry  C.  Carr, 

Deputy  Administrator. 

July  30,  1934. 


583 


ADMINISTRATIVE  ORDER  NO.  275A-6 
Stay  of  Provisions  Relevant  to  Inter-Industry  Sales 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  AGRICULTURAL 
INSECTICIDE  AND  FUNGICIDE  INDUSTRY,  A  DIVISION  OF  THE 
CHEMICAL  MANUFACTURING  INDUSTRY— GRANTING  APPLICA- 
TION FOR  A  STAY  OF  THE  PROVISIONS  OF  ARTICLE  V,  SECTION 

1  (K) 

WHEREAS,  an  application  has  been  made  by  all  the  members  of 
the  Code  Authority  for  the  Agricultural  Insecticide  and  Fungicide 
Industry  pursuant  to  a  resolution  unanimously  passed  by  the  members 
of  the  Agricultural  Insecticide  and  Fungicide  Industiy  at  its  meeting 
held  in  Atlantic  City,  N.J.,  on  May  14,  1934,  for  a  stay  of  the  operation 
of  the  price  filing  provisions  of  Article  V,  Section  1  (k)  of  the  Code  of 
Fair  Competition  for  the  Agricultural  Insecticide  and  Fungicide 
Industry  as  to  sales  between  members  of  the  Industry;  and 

WHEREAS,  upon  due  deliberation  by  the  Assistant  Deputy  Ad- 
ministrator and  he  being  of  the  opinion  that  objections  to  such  stay 
on  the  part  of  the  members  of  the  Industry  being  improbable  and  that 
this  stay  will  tend  to  effectuate  the  policy  of  Title  I  of  the  National 
Industrial  Recovery  Act,  and  it  appearing  to  my  satisfaction  that  the 
stay  hereinafter  granted  will  tend  to  effectuate  the  policy  of  Title  I 
of  the  National  Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  operation  of  said  provision  of  said  Code  be  and 
it  is  hereby  stayed  for  a  period  of  60  days  from  the  date  hereof  as  to 
sales  of  the  products  of  the  said  Industry  between  members  of  the 
Industry  subject  thereto  on  the  condition  that: 

1.  Such  members  of  the  Industry  shall  abide  by  all  the  other  provi- 
sions of  the  said  Code  with  regard  to  the  products  of  the  Industry  so 
purchased  by  them  to  the  same  extent  as  if  such  members  were  them- 
selves manufacturers  of  such  products; 

2.  The  Code  Authority  shall  immediately  upon  the  granting  of  this 
stay  give  notice  of  this  stay  to  all  members  of  the  Industry,  and  within 
a  reasonable  time  after  such  notice  is  given,  the  Code  Authority  shall 
certify  to  me  that  such  notice  was  duly  given; 

3.  The  Code  Authority  shall  file  a  brief  within  the  60  day.  period  of 
this  Stay  showing  the  extent  of  the  practice  herein  referred  to  over  the 
last  five  years  and  stating  facts  and  arguments  in  support  of  the 
granting  of  this  Stay  Order  and  of  any  proposed  modification  of  the 
Code  in  respect  thereto. 


584 

4.  Providing  further,  that  the  period  of  this  Stay  may  be  terminated 
earlier  by  me  based  on  objections  received  by  me  and/or  for  other 
sufficient  reasons. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery, 
By  G.  A.  Lynch, 

Administrative  Officer. 
Order  recommended: 
George  L.  Berry, 

Division  Administrator. 

July  30,  1934. 


585 


ADMINISTRATIVE  ORDER  NO.  399-7 
Extending  Time  to  Register  and  Publish  Open  Prices 


STAYING  OPERATION  OF  CERTAIN  TIME  PROVISIONS  AND 
EXTENDING  TIME  TO  COMPLY  WITH  CERTAIN  PROVISIONS 
OF  THE  CODE  OF  FAIR  COMPETITION  FOR  THE  HOUSEHOLD 
GOODS   STORAGE   AND    MOVING   TRADE 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Household 
Goods,  Storage  and  Moving  Trade,  Article  VI,  Section  7  provides 
as  follows: 

'^Registration. —  (a)  Every  member  of  the  Trade  shall  within 
thirty  (30)  days  after  the  effective  date  of  this  Code,  or  within  ten 
(10)  days  after  becoming  a  member  of  the  Trade,  and  annually  there- 
after, register  his  name,  the  number  and  type  of  vehicles  operated, 
and  the  gross  warehouse  space,  together  with  such  other  information 
in  such  form  under  such  rules  and  regulations,  and  with  such  agency 
as  may  be  prescribed  by  the  Code  Authority  with  the  approval  of 
the  Administrator,  or  as  may  be  requested  by  him. 

"  (b)  Each  member  of  the  Trade,  on  complying  with  the  provisions 
of  paragraph  (a)  hereof,  shall  be  issued  an  annual  registration  certifi- 
cate and  registration  insignia  indicating  such  registration.  The  cost 
of  registering  vehicles  and  furnishing  insignia  for  the  same  shall  be 
assessed  against  the  member  registered. 

"  (c)  After  forty-five  (45)  days  after  the  eft'ective  dat6  of  this  Code, 
it  shall  be  a  violation  of  this  Code  for  any  member  of  the  Trade  to 
operate  any  vehicle  or  warehouse  without  such  registration  insignia 
prominently  displayed  at  all  times  upon  the  outside  of  the  vehicle 
and  in  the  office  of  the  warehouse."     And, 

WHEREAS,  said  Code,  Article  VII  Section  1  provides  in  part  as 
follows: 

"1.  Open  Pnces.— Each  member  of  the  Trade  shall  file  with  the 
appropriate  Administrative  Board  in  each  area  in  which  he  solicits 
business  within  forty-five  (45)  days  after  the  efl^ective  date  of  this 
Code  a  complete  schedule  of  his  individual  terms,  rates,  tariffs, 
prices,  discounts,  dock  charges,  and  all  other  conditions  relating  to 
charges  for  services  in  the  Trade.  Each  such  individual  schedule 
shall  be  posted  in  a  conspicuous  place  in  each  office  of  such  member 
of  the  Trade  and  shall  be  available  at  the  agency  designated  by  the 
Code  Authority  or  appropriate  Administrative  Board  for  the  perusal 
of  all  persons  interested.     *     *     *"     And, 

WHEREAS,  the  Administrator,  by  his  order  dated  June  21,  1934, 
stayed  the  said  time  requirements,  which  he  ordered  should  be  com- 
puted from  May  31,  1934,  instead  of  from  the  effective  date  of  said 
Code;  and 


586 

WHP^REAS,  satisfactory  evidence  submitted  to  the  Administrator 
shows  that  it  has  not  been  possible  for  members  of  the  Trade  to 
comply  with  the  provisions  of  the  Code  as  above  cited  within  the 
time  of  the  limitation  provided  in  said  Code  and  in  said  order  for  the 
registration  of  the  Trade  members,  the  vehicles  operated  by  them, 
and  the  warehouse  space  used  bv  them,  nor  for  procuring  or  display- 
ing registration  insignia,  nor  for  filing  or  posting  said  sciiedules: 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  by  Execu- 
tive Orders  of  the  President,  and  by  the  Code  of  Fair  Competition 
for  the  Household  Goods,  Storage  and  Moving  Trade,  and  other- 
wise, do  hereby  order  that  the  operation  of  said  time  limitations, 
and  provisions  be,  and  they  are  hereby  stayed;  and  it  is  herebj^  further 
ordered  that  members  of  the  Trade  severallj'  be,  and  they  are  hereby, 
granted  additional  time,  which  is  hereby  extended  until  August  8, 
1934,  in  which  to  comply  w4th  the  thirty  (30)  day  requirements  of 
said  Code  provisions  and  until  August  15,  1934,  in  which  to  comply 
with  the  forty-five  (45)  day  requirements  of  said  Code  provisions. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

AViLLIAM    P.  FaRNSWORTH, 

Acting  Division  Administrator. 

Washington,  D.C, 

July  31,  1934. 


587 


ADMINISTRATIVE  ORDER  NO.  490-3 

Code  Administration,  Termination  Relevant  to  Collection  of 

Expenses  of 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  IMPORTED  DATE 
PACKING  INDUSTRY— TERMINATION  OF  EXEMPTION  GRANTED 
IN  ADMINISTRATIVE  ORDER  X-36 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
of  the  Imported  Date  Packing  Industry  for  termination  of  the 
exemption  conferred  in  Paragraph  III  of  Administrative  Order  X-36, 
dated  May  26,  1934:  and 

WHEREAS,  an  opportunity  to  be  heard  has  been  duly  afforded 
to  all  interested  parties,  and  the  Assistant  Deputy  Administrator 
has  reported,  and  it  appears  to  my  satisfaction  that  termination  of 
said  exemption  is  merited  and  will  tend  to  effectuate  the  policies  of 
Title  I  of  the  National  Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  any  exemption  conferred  by  Paragraph  III  of 
Administrative  Order  X-36,  dated  May  26,  1934,  upon  any  member 
of  this  industry  be  and  it  is  hereby  terminated. 

Armin  W.  Riley, 

Division  Administrator. 
Order  recommended: 
E.  W.  Burgess, 

Assistant  Deputy  Administrator. 

July  31,  1934. 


588 


ADMINISTRATIVE  ORDER  NO.  46-23 

Stay  of  Code  Provisions  Relevant  to  Sales  to  Governmental 

Agencies 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  MOTOR  VEHICLE 
RETAILING  TRADE— STAY  OF  THE  PROVISIONS  OF  ARTICLE  IV, 
TITLE  B,  SECTION  1 

WHEREAS,  Article  IV,  Title  B,  Section  1,  up  to  and  including 
sub-paragraph  (z),  of  the  Code  of  Fair  Competition  for  the  Motor 
Vehicle  Retailing  Trade,  provides,  in  part: 

"  (1)  No  dealer  shall  sell  a  new  car  at  retail  to  a  consumer  for  less 
than  factory  list  prices,  plus  an  amount  equal  to — 

(a)  Equipment  at  listed  prices. 

(b)  All  taxes  paid  by  dealer  applicable  to  the  motor  vehicle 

sold. 

(c)  Average  cost  of  transportation  from  factory  of  said  dealer 

or  shipments  received  by  said  dealer  during  a  60  day 
period  as  shown  by  sworn  statement  of  said  dealer. 

(d)  Dealer's  actual  cost  of  handling  (including  such  items  as 

(w)    unloading,    (x)    assembling,    (y)    conditioning   for 
delivery,  and  (z)  interest  actually  paid  by  said  dealer, 
but  not  to  exceed  90  days  on  cost  of  transportation)." 
and, 

WHEREAS,  justice  requires  that  appropriate  relief  be  granted 
from  the  said  provisions  of  the  said  Code ; 

NOW,  THEREFORE,  I,  Charles  E.  Adams,  Division  Administra- 
tor, pursuant  to  authority  vested  in  me,  do  hereby  order  that  the 
said  provisions  of  said  Article,  Title  and  Section,  in  respect  to  sales 
made  to  all  Governmental  Agencies,  including  the  United  States,  or 
any  department  or  agency  thereof,  the  District  of  Columbia,  States, 
Municipalities,  and/or  any  political  subdivision  thereof,  be,  and  they 
are  hereby  stayed,  subject  to  my  further  orders. 

C.  E.  Adams, 
Division  Administrator. 
Approval  recommended: 
J.  G.  Roberts, 

Deputy  Administrator. 

July  31,  1934. 


589 


ADMINISTRATIVE  ORDER  NO.  178-7 

Order,  Code  of  Fair  Competition  for  the  Watch  Case  Manu- 
facturing Industry — Extension  of  Time  During  Which 
Unstamped  Watch  Cases  may  be  Sold 

WHEREAS,  Article  VIII,  Section  4  of  the  Code  of  Fair  Competition 
for  the  Watch  Case  Manufacturing  Industry  provides: 

"It  is  hereby  specifically  provided  that  watch  cases  com- 
pletely manufactured  prior  to  the  effective  date  of  this  Code 
shall  be  exempt  from  the  provisions  of  tliis  Article,  provided 
that  each  member  of  the  Industry  shall  witliin  tliirty  days 
after  said  effective  date,  certify  under  oath  to  the  Code 
Authority,  the  number,  type,  markings,  quality,  and  serial 
numbers,  if  any,  of  such  completed  watch  cases  as  he  has  in 
finished  stock  on  that  date,  and  that  sales  of  all  such  watch 
cases  shall  be  reported  montlily  to  the  Code  Authority,  by  the 
manufacturer,  in  detail,  as  to  the  date  of  sale,  name  of  pur- 
chaser, number,  type,  markings,  quality,  and  serial  number, 
if  any ;  and  provided  further  that  unless  stamped  in  compliance 
with  the  provisions  of  this  Article,  regardless  of  the  date  of  its 
manufacture,  no  watch  case  shall  be  sold,  or  offered  for  sale, 
after  July  1,  1934,  or  such  reasonable  extension  be^^ond  said 
date  as  may  be  granted  by  the  Administrator  upon  application 
therefor,"  and 
WHEREAS,  the  Code  Authority  has  requested  an  extension  of 
time  beyond  July  1,  1934,  in  which  Watch  Cases,  not  stamped  in 
accordance  with  the  provisions  of  the  Code,  may  be  sold  or  offered 
for  sale ;  and 

WHEREAS,  satisfactory  evidence  has  been  submitted  to  me  that 
the  requested  extension  is  reasonable  and  will  tend  to  effectuate  the 
policies  of  Title  I  of  the  National  Industrial  Recoverv  Act; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me,  do  hereby 
order  that  the  time  for  the  disposal  of  Watch  Cases  not  marked  in 
accordance  with  the  provisions  of  the  Code  of  Fair  Competition  for 
the  Watch  Case  Manufacturing  Industry,  be,  and  the  same  hereby  is, 
extended  to  December  31,  1934;  provided,  however,  that  all  Watch 
Cases  remaining  in  the  possession  of  any  manufacturer  after  that 
date  shall  be  marked  in  full  conformity  with  the  said  provisions. 


Hugh  S.  Johnson, 

Administrator. 


Approval  recommended: 
Geo.  Berry, 

Division  Administrator. 

July  31,  1934. 


590 


ADMINISTRATIVE   ORDER   NO.   358-9 

Approving  a  List  of  Hazardous  Occupations  for  the  Cylinder 
Mould  and  Dandy  Roll  Industry 

Mr,  Roger  G.  Edwards,  Secretary, 
Code  Authority, 

Cylinder  Mould  and  Dandy  Roll  Industry, 
Cheney  Bigelow  Wire  Works, 

417  Liberty  Street,  P.O.  Box  30,  Springiield,  Mass. 
Dear  Mr.  Edwards:   The  Administrator  instructs  me  to  acknowl- 
edge your  letter  of  July  6,  1934,  in  which  you  submitted  a  list  of 
hazardous  occupations  for   the  Cylinder  Mould   and   Dandy   Roll 
Industry. 

After  examination  of  the  list  of  hazardous  occupations  from  which 
minors  under  eighteen  (18)  years  of  age  shall  be  excluded    in    the 
Cylinder  Mould  and  Dandy  Roll  Industry,  approval  is  hereby  given. 
Very  truly  yours, 

Barton  W.  Murray, 

Division  Administrator. 
August  1,  1934. 


591 


ADMINISTRATIVE  ORDER  NO.  238-7 

Appkoving  a  List  of  Hazardous  Occupations  for  the  Fan  and 

Blower  Industry 

Mr.  L.  O.  Monroe,  Secretary, 

Fan  and  Blower  Industry  Code  Authority, 
5-208  General  Motors  Building, 
Detroit,  Michigan. 
Dear  Sir:  The  Administrator  instructs  me  to  acknowledge  your 
letter  of  April  12,  1934,  in  which  you  submitted  a  list  of  hazardous 
occupations  for  the  Industry. 

After  examination  of  the  list  of  hazardous  occupations  from  which 
minors  under  eighteen  years  of  age  shall  be  excluded  in  the  Fan  and 
Blower  Industry,  approval  is  hereby  given. 
Very  truly  yours, 

Barton  W.  Murray, 
Division  Administrator. 
August  1,  1934. 


592 


ADMINISTRATIVE  ORDER  NO.  9-66 

Order,  Code  of  Fair  Competition  for  the  Lumber  and  Timber 
Products  Industries — Stay  of  Those  Provisions  of  Schedule 
A,  Division  #38,  Pole  and  Piling  Division.  Applicable  to  the 
Selection  of  the  Administrative  Agency  of  the  Cypress 
Subdivision 

"WTiereas,  on  the  11th  day  of  June,  I  approved  an  amendment  to  the 
Code  of  Fair  Competition  for  the  Lumber  and  Timber  Products 
Industries,  establishing  a  Pole  and  PiHng  Di^^sion;  and 

Whereas,  said  amendment  provides  in  part  that  ^^^thin  twenty  (20) 
days  after  the  effective  date  thereof  the  Administrative  Agency  of  the 
Cypress  Division  of  said  Industries  shall  conduct  an  election  in  said 
Cypress  Subdivision  of  the  Pole  and  Piling  Division  for  the  purpose  of 
electing  the  Administrative  Agency  of  said  Subdivision ;  and 

Whereas,  the  Agency  of  the  Cypress  Division  of  the  Lumber  and 
Timber  Products  Industries  pursuant  to  the  aforesaid  provisions  did 
send  due  notice  of  the  time  and  place  of  such  an  election  to  every 
ascertainable  member  of  said  Cypress  Subdivision  of  the  Pole  and 
Piling  Di\'ision  and  did  cause  to  be  published  paid  advertisements 
notifying  all  interested  parties  of  such  election;  and 

Whereas,  no  person  subject  to  the  jurisdiction  of  the  said  Cypress 
Subdivision  of  the  Pole  and  Piling  Division  appeared  at  said  election 
and  no  Administrative  Agency  of  said  Sul)division  was  elected;  and 

Whereas,  application  has  been  duly  made  by  the  Code  Authority 
for  the  Lumber  and  Timber  Products  Industries,  acting  on  behalf  of 
the  members  of  the  Pole  and  Piling  Division  of  said  Industries  and 
on  behalf  of  the  Administrative  Agency  of  the  Cypress  Division,  for 
a  stay  of  the  provisions  of  Schedule  A,  Division  #38,  of  the  Code  of 
Fair  Competition  for  the  Lumber  and  Timber  Products  Industries  to 
the  extent  that  such  provisions  set  forth  the  manner  in  which  the 
Administrative  Agency  of  the  Cypress  Subdivision  of  said  Pole  and 
Piling  Division  shall  be  elected;  and 

Whereas,  it  appears  to  my  satisfaction  that  the  stay  hereinafter 
granted  is  necessary  and  will  tend  to  effectuate  the  policies  of  Title  I 
of  the  National  Industrial  Recovery  Act, 

NOW,  THEREFORP],  pursuant  to  the  authority  vested  in  me,  it  is 
hereby  ordered  that  the  operation  of  said  provisions  of  said  Code  be 
and  it  hereby  is  stay^ed  as  to  all  parties  subject  thereto,  subject  to  the 
condition  that  the  Administrative  Agency  of  the  Cypress  Division  of 
said  Industries  appoint  a  committee  consisting  of  at  least  three  (3) 
persons  subject  to  the  jurisdiction  of  said  Cypress  Subdivision  of  the 
Pole  and  PiUng  Division  of  said  Code  until  such  time  as  five  or  more 
persons  subject  to  the  jurisdiction  of  said  Subdi\T[sion  petition  said 
committee  to  conduct  an  election  of  the  members  of  the  Administra- 
tive Agency  of  said  Subdivision,  and,  pursuant  to  such  an  election 


593 

conducted  by  said  committee,  an  Administrative  Agency  for  the 
Cypress  Subdivision  of  the  Pole  and  PiUng  Division  of  said  Code  is 
duly  elected  in  accordance  with  the  aforesaid  provisions. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  1,  1934 


594 


ADMINISTRATIVE  ORDER  NO.  221-7 

Order,  Code  of  Fair  Competition  for  the  Metal  Hat  Die  and 
Wood  Hat  Block  Industry — Operations  or  Occupations 
Deemed  Hazardous  or  Detrimental  to  the  Health  of  Persons 
Under  Eighteen  Years  of  Age 

The  Code  Authority  for  the  Metal  Hat  Die  and  Wood  Hat  Block 
Industry,  in  accordance  with  Section  1  of  Article  V  of  the  Code  of 
Fair  Competition  for  the  Metal  Hat  Die  and  W^ood  Hat  Block  Indus- 
try, has  submitted  to  the  Administrator,  a  list  of  occupations  deemed 
hazardous  in  nature  or  detrimental  to  the  health  of  persons  under 
eighteen  (18)  years  of  age  in  this  Industry,  within  the  meaning  of 
Section  1  of  Article  V,  which  are  as  follows: 

I.  Occupations  Involving  General  Hazards: 

1.  All  work  in  the  foundry  proper. 

2.  All  cleaning  or  grinding  operations  in  foundries. 

3.  All  work  in  foundries  which  involves  the  handling  of  metal- 

lica  lead. 
Explanation:   Practically  all  work  in  the  foundry  proper 
involves  either  exposure  to  the  hazards  of  melted  metal 
and,  in  non-ferrous  foundries,  to  lead  or  zinc  and  involves 
a  silicosis  hazard. 

4.  In  the  cutting  or  welding  of  metals  by  gas  or  electricity. 

5.  In  or  in  connection  with  hot  galvanizing  or  tinning  processes. 

6.  Firing  of  steam  or  water  boilers  (except  boilers  of  not  more 

than  15  lbs.  pressure  used  solely  for  heating  purposes). 

7.  As  drivers  or  assistants  to  drivers  of  motor  vehicles  or  as 

helpers  or  delivery  boys  on  motor  vehicles. 

8.  In  or  assisting  in  the  operation  of  gas,  oil,  or  steam  engines 

or  other  prime  movers. 

9.  In  the  care,  custody,  operation  or  repair  of  elevators,  cranes, 

or  derricks,  or  other  hoisting  apparatus,  except  in  the 
operation  of  (1)  dumbwaiters  as  defined  by  the  American 
Standards  Association,  or  of  (2)  elevators  equipped  only 
for  automatic  operation. 

II.  Occupations  Involving  Specific  Mechanical  Hazards — Machine 
work  (Prohibitions  to  apply  to  operating,  assisting  in  operating,  or 
taking  material  from  the  following  machines): 

10.  Grinding,  abrasive,  polishing,  or  buffing  wheels;  provided, 

that  apprentices  operating  under  conditions  of  bona  fide 
apprenticeship  may  grind  their  own  tools. 

11.  Metal-cutting  machines  having  a  guillotine  action. 

12.  Machinery  used  in  the  cold  rolling  of  heavy  metal  stock. 

13.  Metal  plate  bending  machines  handling  materials  of  more 

than  0.2145  inch  in  thickness. 

14.  Power-driven  metal  planing  machines. 


595 

15.  Circular  saws  used  in  the  cutting  of  metals. 

16.  Boring  mills   and   boring   operations   performed   on   other 

machines. 

17.  Power  shears  of  all  kinds. 

18.  Punch  presses  or  stamping  machines  if  the  clearance  between 

the  ram  and  the  die  or  the  stripper  exceeds  one-fourth 
inch. 

19.  All  occupations  in  connection  with  power-driven  woodwork- 

ing machinery. 
Exception:    Employment    on    any    of    the    above-named 
machines  may  be  permitted  in  the  case  of  minors  between 
16  and   18  years  of  age  under  conditions  of  bona  fide 
apprenticeship. 

20.  In  oiling,  cleaning  or  wiping  machinery  in  motion. 

21 .  In  applying  belts  to  a  pulley  in  motion  or  assisting  therein. 
Apprentices  shall  be  defined  as  "those  who  are  regularly  indentured 

imder  contract  to  the  Industry,  for  a  sufficient  period  of  time  to  be 
systematically  advanced  through  the  various  operations,  shops,  de- 
partments, etc.,  of  a  Trade,  Occupation  or  Industry,  and  who  receive 
educational  training  in  an  organized  educational  institution  during  a 
portion  of  their  working  time." 

Pursuant  to  Section  1  of  Article  V,  I  hereby  approve  the  recom- 
mendation of  the  Code  Authority  that  work  performed  in  the  opera- 
tions listed  above  is  hazardous  in  nature  and  is  detrimental  to  health 
within  the  meaning  of  Section  1  of  Article  V.  This  Order  shall  become 
effective  fifteen  (15)  days  after  the  date  hereof,  unless  prior  to  that 
date  good  cause  to  the  contrary  shall  have  been  shown  to  me  and  I 
have,  by  my  further  order,  otherwise  determined. 

Barton  W.  Murray, 


Division  Administrator. 


Approval  recommended: 
A.  E.  Dixon, 

Deputy  Administrator. 

August  1,  1934. 


596 


ADMINISTRATIVE  ORDER  NO.  X-70 

Re  Government  Contracts  and  Contracts  Involving  the  Use 
or  Government  Funds 


APPLICATION  OF  EXECUTIVE  ORDER  6646 

Exception  No.  33. 

August  2,  1934. 

By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  Paragraph  5  of  the  Executive  Order  6646,  the 
following  exception  from  the  operation  of  Paragraph  1  of  the  Order 
is  hereb}'  made: 

"  Lease  of  space  in  the  stockyards  at  Indianapolis,  Indiana, 
as  headquarters  for  the  Livestock,  Meats  and  Wool  office  of 
the  Bureau  of  Agricultural  Economies,  upon  premises  owned 
by  the  Belt  Railroad  and  Stockyards  Company." 

Hugh  S.  Johnson, 
Administrator  for  National  Recovery. 


597 


ADMINISTRATIVE  ORDER  No.  33-22 
Modifying  Previous  Order  Relevant  to  Modal  Costs 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  JIETAIL  LUMBER, 
LUMBER  PRODUCTS,  BUILDING  MATERIALS  AND  BUILDING 
SPECIALTIES  TRADE— REAFFIRMING  AND  APPROVING  ADMIN- 
ISTRATIVE ORDER  NO.  33-17 

Whereas,  on  the  27th  day  of  June,   1934,  I  approved  an  Order 
fixing  modal  cost  of  seUing  and  dehvering  retail  lumber,  lumber 
products,  building  materials  and  building  specialties,  and 
Whereas,  said  Order  provides  in  part  as  follows: 

"This  Order  supersedes  my  prior  Order  in  the  above  entitled 
matter  dated  April  5th,  1934.  This  Order  shall  become  effec- 
tive on  the  27th  daj^  of  June,  1934,  provided  that,  in  order 
that  consideration  may  be  given  to  the  objections  thereto, 
if  any,  of  interested  parties,  this  Order  may  be  stayed  or  modi- 
fied by  me  if  good  cause  therefor  is  shown  to  me  within  fifteen 
(15)  days  after  the  date  hereof.  After  the  expiration  of  such 
period  this  Order  shall  remain  effective  unless  I,  by  my  further 
Order,  have  otherwise  determined." 
and 

Whereas,  pursuant  to  said  provision  it  has  been  shown  to  me  that 
paragraph  (1)  of  said  Order,  which  defines  Divisions  numbered  17-A, 
17-B,  Central  and  Southern  New  York  in  Division  number  17-A, 
indicated  by  the  letter  (d),  and  the  Northern  Counties  of  New  York 
in  Division  number  17-C,  indicated  by  the  letter  (e),  as  follows: 

"17-A.  Mass.,     Conn,     (except    Fairfield     County,     Conn.) 
R.I.,  Central  and  Southern,  N.Y.,  (d)  and  Warren, 
McKean,  Potter,  Cuyahoga  and  Bradford  Counties 
in  State  of  Pa." 
"17-B.  Southeastern  N.Y.,  (Westchester,  Nassau,  Suffolk  and 
Putman    Counties,    N.Y.)    and    Fairfield    Countv, 
Conn." 
"17-C.  Northern  Counties  in  N.Y.,    (e)  Maine,  N.H.,   and 
Vermont." 
should  have  defined  said  Divisions  and  areas  as  follows: 

"17-A.  Massachusetts,  Connecticut  (except  Fairfield  County, 
Conn.),  Rhode  Island,  Central  and  Southern  New 
York  (d)  and  Warren,  McKean,  Potter,  Tioga  and 
Bradford  Counties  in  the  State  of  Pennsylvania." 
"  17-B.  Westchester,  Nassau  and  Suft'olk  Counties  in  the  State 
of  New  York,  and  Fairfield  County,  Conn." 


80835 — 34 33 


598 

"(d)  Div.  No.  17-A.  All  counties  in  the  State  of  New  York 
not  included  in   Divisions  numbered    16,    17-B   and 
17-C." 
"(e)  Div.  No.   17-C.  Includes  the  following  counties  in  the 
State  of  New  York:  Jefferson,  Lewis,  St.  Lawrence, 
Franklin,    Clinton   and    all   of   Essex   County  except 
Schroon  and  Minerva  townships." 
and 

Whereas,  it  appears  to  me  that  there  has  been  afforded  to  all 
interested  parties  a  full  opportunity  to  be  heard  thereon,  and 

^Miereas,  ha^^ng  fully  considered  all  of  the  aspects  of  said  Order  in 
the  light  of  the  evidence  presented  pursuant  to  the  above  quoted 
pro\dsions  thereof,  and  otherwise,  it  appears  to  me  after  such  con- 
sideration, that  justice  requires  that  the  modifications  herein  effected 
be  made,  and  that  said  Order  as  so  modified  should  in  all  respects  be 
affirmed,  and  as  so  modified  will  tend  to  effectuate  the  policies  of 
Title  I  of  the  National  Industrial  Recovery  Act, 

NOW,  THEREFORE,  pursuant  to  authority  reserved  to  me  in 
said  Administrative  Order  No.  33-17,  and  otherwise  vested  in  me 
under  said  Title  of  said  Act,  by  Executive  Orders  of  the  President, 
and  otherwise,  it  is  hereby  ordered  that  said  Administrative  Order 
No.  33-17,  fixing  modal  costs  of  selling  and  delivering  retail  lumber, 
lumber  products,  building  materials  and  building  specialties,  be  and 
it  hereby  is  modified  by  striking  therefrom  the  descriptions  of  Divi- 
sions 17-A,  17-B,  Central  and  Southern  New  York  in  Division  number 
17-A,  indicated  by  the  letter  (d),  and  the  Northern  Counties  of  New 
York  in  Di\4sion  number  17-C,  indicated  by  the  letter  (e)  and  sub- 
stituting therefor  the  following: 

"17-A.  Massachusetts,  Connecticut  (except  Fairfield  County, 
Conn.),  Rhode  Island,  Central  and  Southern  New 
York  (d)  and  Warren,  McKean,  Potter,  Tioga  and 
Bradford  Counties  in  the  State  of  Pennsylvania." 

"17-B.  Westchester,  Nassau,  and  Suffolk  Counties  in  the 
State  of  New  York,  and  Fairfield  County,  Conn." 

"(d)  Div.  No.  17-A.  All  counties  in  the  State  of  New  York 
not  included  in  Divisions  Numbered  16,  17-B  and 
17-C." 

"(e)  Div.  No.  17-C.  Includes  the  following  counties  in  the 
State  of  New  York:  Jefterson,  Lewis,  St.  Lawrence, 
Franklin,  Clinton  and  all  of  Essex  County  except 
Schroon  and  Minerva  townships." 

and  as  so  modified  be  and  hereby  is  approved  and  affirmed,  such 
modification  to  be  eft'ective  immediately. 

I  hereby  direct  the  Research  and  Planning  Division  of  the  National 
Recovery  Administration  to  make  such  investigation  and  study  of  the 
figures  and  percentages  approved  b}'  me  in  said  Order  as  may  be 
necessary  to  determine  whether  the  operation  of  said  Order  is  effec- 
tuating the  purposes  of  the  National  Industrial  Recovery  Act,  and 
to  make  recommendations  to  me  concerning  such  further  modifications 


599 

in  the  figures  and  percentages  so  approved  by  me  as  such  investigation 
and  fact  finding  may  indicate  to  be  necessar3^ 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

August  2,  1934. 


GOO 


ADMINISTRATIVE  ORDER  NO.  93-16 
Code  Administration,  Collection  of  Expenses  of 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  WASHING  AND 
IRONING  MACHINE  MANUFACTURING  INDUSTRY— TERMINA- 
TION OF  EXEMPTION  GRANTED  IN  ADMINISTRATIVE  ORDER 
X-36 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
of  the  Washing  and  Ironing  Machine  Manufacturing  Industry  for 
termination  of  the  exemption  conferred  in  Paragraph  III  of  Adminis- 
trative Order  X-36,  dated  May  26,  1934;   and 

WHEREAS,  an  opportunity  to  be  heard  having  been  afforded  all 
members  of  said  Industry  and  any  objections  filed  having  been  duly 
considered  and  the  Deputy  Administrator  has  reported,  and  it  ap- 
pears to  my  satisfaction  that  termination  of  said  exemption  is  merited 
and  will  tend  to  eft'ectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recoverv  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  any  exemption  conferred  by  Paragraph  III  of 
Administrative  Order  X-36,  dated  May  26,  1934,  upon  any  member 
of  this  Industry,  be  and  it  is  hereby  terminated. 

Barton  W.  Murray, 
Division  Administrator. 

Order  recommended: 

J.  G.  Cowling, 

Deputy  Administrator. 

August  2,  1934. 


601 


ADMINISTKATIVE   ORDER   NO.  X-71 

Re  Government  Contracts  and  Contracts  Involving  the  Use 
OF  Government  Funds 


APPLICATION   OF    EXECUTIVE   ORDER   6646 

Exception  No.  34. 

August  3,  1934. 

Upon    the    Recommendation    of     the    Procurement    Division, 
Treasury  Department 

By  virtue  of  the  delegation  of  authority  by  the  President  of  tlie 
United  States  in  Paragraph  5  of  the  Executive  Order  6646,  the  follow- 
ing exceptions  from  the  operation  of  the  Order  are  hereby  made: 

'*  Contracts  for  public  utility  services  comprising  telephone, 
electricity,  gas,  water,  and  steam,  whenever  in  the  judgment  of 
the  procurement  or  contracting  officer,  it  is  impracticable  or 
impossible  to  obtain  the  Certificates  of  Compliance  required  by 
such  Order,  and  when  the  service  is  a  necessary  requisite  to  the 
activity  and  is  performed  as  a  part  of  the  vendor's  regular  and 
usual  public  service;  provided,  however,  that  the  agency  awarding 
any  contract  under  this  exception  shall  certify  to  National 
Recovery  Administration,  via  Procurement  Division,  Treasury 
Department: 

1.  The  services  covered; 

2.  Term  of  contract;  and 

3.  The  names  of  the  parties  thereto." 

Hugh  S.  Johnson, 
Administrator  jor  Industrial  Recovery. 


602 


ADMINISTRATIVE  ORDER  NO.  211-9 

Order,  Code  of  Fair  Competition  for  the  Robe  and  Allied 
Products  Industry — Extending  Time  Within  Which  Code 
Authority  Shall  Submit  Plan  for  Equitable  Allocation  of 
Expenses 

WHEREAS,  by  Administrative  Order  No.  211-5  dated  April  11, 
1934,  it  is  provided  that  the  Code  Authority  for  the  above  Industry 
should  submit  within  ninety  (90)  days  a  plan  for  an  equitable  alloca- 
tion amon<?  members  of  said  Industry  of  expenses  of  sustaining  said 
Code  Authority  in  its  activities,  and 

W^HP]REAS,  the  Code  Authority  for  said  Industry  has  been  unable 
to  submit  said  plan  due  to  the  complex  nature  of  the  Industry  in- 
volved, and 

WHEREAS,  it  appears  necessary  to  extend  the  time,  within  wdiich 
said  Code  Authoritv  shall  submit  said  plan,  to  September  1,  1934 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  pursuant  to  the 
authority  vested  in  me  by  Executive  Orders  of  the  President  and 
otherwise,  do  hereby  order  that  the  time  within  which  the  Code 
Authority  for  the  Robe  and  Allied  Products  Industry  shall  submit  a 
plan  for  equitable  allocation  among  members  of  the  industry  for 
expenses  of  the  Code  Authority  and  its  activities  be  and  it  is  hereby 
extended  to  September  1,  1934  upon  the  same  conditions  and  require- 
ments as  specified  in  Administrative  Order  No.  211-5  dated  April  11, 
1934. 

Hugh  S.  Johnson, 

Administrator 

Approval  recommended : 

William  P.  Farnsworth, 

Acting  Diinsion  Administrator. 

August  3,  1934. 


603 


ADMINISTRATIVE  ORDER  NO.  271-6 

Approving  a  List  of  Hazardous  Occupations  for  the  Non  Fer- 
rous AND  Steel  Convector  Manufacturing  Industry 

Mr.  E.  B.  Cresap,  Secretary, 
Non-Ferrous  cfc  Steel 

Convector  MJg.  Ind.  Code  Authority, 

308  W.  Washington  Street, 

Chicago,  Illinois. 

Dear  Sir:  Th€  Administrator  instructs  me  to  acknowledge  your 
letter  of  June  16,  1934,  in  which  you  submitted  a  list  of  hazardous 
occupations  for  the  Industry. 

After  examination  of  the  list  of  hazardous  occupations  from  which 
minors  under  eighteen  years  of  age  shall  be  excluded,  in  the  Non 
Ferrous  &  Steel  Convector  Manufacturing  Industry,  approval  is 
hereby  given. 

Very  truly  yours. 

Barton  W.  Murray, 
Division  Administrator. 
August  4,  1934. 


604 


ADMINISTRATIVE  ORDER  NO.  321-9 

Approving  a  List  of  Hazardous  Occupations  for  the  Rock  and 
Slag  Wool  Manufacturing  Industry 


Mr.  D.  C.  Betjeman,  Secretary, 
Code  Authority, 

Rock  and  Slag  Wool  Manufacturing  Industry, 
41  East  42nd  Street,  New  York,  N.Y. 
Dear  Sir:  The  Administrator  instructs  me  to  acknowledge  your 
Bulletin  No.  17  in  which  you  submitted  a  list  of  hazardous  occupa- 
tions for  the  Industry. 

After  examination  of  the  list  of  hazardous  occupations  from  which 
minors  under  eighteen  years  of  age  shall  be  excluded,  in  the  Rock  and 
Slag  Wool  IManufacturing  Industry,  approval  is  hereby  given. 
Very  truly  yours, 

Barton  W.  Murray, 
Division  Administrator. 
August  4,  1934. 


INDEX 


INDEX 


Code 
No. 

Industry 

Date 

Volume 

Page 

438 

Abrasive  Grain 

5-21-34 

X 

303 

189 

Abrasives,  Coated  {see  also  Coated  Abrasives) 

12-30-33 

IV 

549 

299 

Academic  Costume 

2-19-34 

VII 

209 

329 

Accessories,    Upholstery    Spring    and    (see     also 

Upholsterv  Spring  and  Accessories) 

3-10-34 

VII 

605 

380 

Accessories,  Used  Textile  Machinery  and  —  Dis- 
tributing Trade    {see  also    Used    Textile    Ma- 

chinery and  Accessories  Distributing  Trade)  __ 

4  -4-34 

IX 

81 

432 

Accounting,  Specialty  —  Supply  Manufacturing 

{see    also    Specialty  Accounting  Supply    Man- 

ufacturing)   

5-17-34 
12-15-33 

X 

IV 

211 

155 

Acetylene,  Oxy-  {see  also  Oxy- Acetylene) 

61 

Act. '   {See  National  Industrial  Recovery  Act.) 

Adjustment.     {See  Surgical  Dressings  Industry.) 

Adjustment,  Amendments  to  Bulletin  No.  7,  for 

handling  and  —  of  complaints                            _   _ 

4  -6-34 

IX 

901 

Administration: 

Administration,  Providing  for  notice  of  pro- 

ceedings   and   matters   in    the   —    of   the 

National  Industrial  Recoverv  Act     __      _ 

12-21-33 

IV 

687 

Administrator,     Appointment    of    Hugh    S. 

Johnson 

6-16-33 

I 

711 

Administrator,  Delegating  further  functions 

and  powers  to  the  —  for  Industrial  Re- 

coverv   

12-30-33 

IV 

689 

Administrator,  Delegation  of  Authority  to  — 

for  Industrial  Recovery  to  prescribe  rules 

and  regulations 

2  -8-34 

VI 

654 

Administrator,    Delegation   of   Authority  to 

—  for   Industrial   Recovery   to    Prescribe 

rules  and  regulations,  etc 

2  -8-34 

VI 

655 

Basic  Code 

7-10-34 
7-10-34 

XIII 
XIII 

734 

Amplification  of  previous  provisions 

730 

Providing  supplementarv  provisions 

7-10-34 

XIII 

739 

'Bulletin    Board,    Establishment   and   use   of 

Official  N.R.A                       -    .      -_-_-- 

1  -6-34 

V 

768 

Bulletin  No.  7,  Amendments  to  —  for  hand- 

ling   and    adjustment    of    complaints    {see 

also  Bulletin  No.  7) 

4  -6-34 

IX 

901 

Certification  and   Exemplification   of   Docu- 

ments   

4-11-34 

IX 

910 

Code    Administration,    Regulations    govern- 

ing collection  of  expenses  of 

4-14-34 

IX 

916 

Code   Authority,   Appointment  of   Adminis- 

trator as  member  of  each 

9-29-33 

I 

733 

Code  Blue  Eagle  Regulations,  Creation,  dis- 

play and  penalty 

4-12-34 

IX 

914 

Code  — ,    Making   provisions   for   a   clause 

in  codes  of  fair  competition  relating  to  col- 

lection of  expense ' 

4-14-34 

IX 

879 

Contractors,    Government   —  must   comply 

vvith  approved  Codes  of  Fair  Competition,. 

8-10-33 

I 

729 

Cooperatives,  Effect  on  —  of  Codes  of  Fair 

Competition 

2-17-34 

VII 

705 

Crushed  Stone,  Sand  a,nd  Gravel,  and  Slag 

Industries,     Administrative     approval     of 

Industrial  Sand  Division  of  the 

12-27-33 

IV 

707 

(605) 


606 


Code 
No. 


Industry 


Basic  Code — Continued. 

Delegation  of  Authority,  Rules  and  regula- 
tions under  Section  iO  (a)  and  —  under 
Section  2  (b)  of  the  National  Industrial 
Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Expenses,  Governing  collection  of  —  of  Code_ 

Heoxings,  Authorization  of  Administrator  to 
appoint  personnel,  fix  compensations  and 
conduct 

Hospitals,  Granting  limited  exemption  from 
provisions  of  Codes  of  Fair  Competition  in 
connection  with  sales  to 

Hospitals,  Granting  permanent  stay  of  exemp- 
tion from  Codes  of  Fair  Competition  in 
connection  with  sales  to  —  for  certain 
Industries 

Hospitals,  Stay  of  order  granting  limited 
exemption  from  provisions  of  Codes  of 
Fair  Competition  in  connection  with  sales 
to 

Industrial  Relations  Committees  for  indus- 
tries operating  under  approved  codes 

Labels,  Rules  and  regulations  concerning  — 
bearing  Emblems  or  Insignia  of  the  N.R. A-  - 

Labor  Provisions,  Extension  of  time  to  apph- 
for  official  copies  of 

Labor  Provisions,  Prescribing  Rules  and 
Regulations  for  the  Interpretation  and 
Application  of  Certain  —  of  Codes  of  Fair 
Com})etition 

Labor  Provisions,  Regulations  governing  the 
posting  of  —  of  Codes  of  Fair  Competition  _ 

Modify  agreements,  Authorizing  Adminis- 
trator to  —  entered  into  or  approved  by 
the  President  under  Title  I  of  the  National 
Industrial  Recovery  Act 

National  Labor  Board,  Abolition  of 

National  Labor  Board,  Continuance  of  the- — ■, 
Etc 

Petroleum  Industry-,  Administration  of  the  — 
given  to  Secretary  of  the  Interior 

Safet}'  and  Health  Standards,  Force  of  pro- 
visions subsequent  to  approval  by  Admin- 
istrator  

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  which  Delegated  to  the  — 
certain  Authority  under  the  National  In- 
dustrial Recovery  Act 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Order  which  delegated  to  the  — 
Certain  Authority  under  the  National  In- 
dustrial Recovery  Act 

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  power 
for  joint  code  approval,  etc 

Secretary  of  Agriculture,  Continuing  in  effect 
the  Authoritv  delegated  to  the  —  by  Ex- 
ecutive Order  No.  6182 

Secretary  of  Agriculture,  Delegation  of  cer- 
tain functions  and  powers  to 


Date 


10-14-33 

2-  1-34 

2-23-34 
5-26-34 

7-15-33 

1-23-34 

3-  3-34 

2-  2-34 
3-30-34 
1-17-34 
4-14-34 

2-17-34 
2-28-34 

11-23-33 
6-29-34 

12-16-33 

8-29-33 

6-15-34 

10-20-33 

1-  8-34 

6-29-34 

7-21-33 
6-26-33 


Volume 


VI 

VI 

VII 
X 

V 

V 

VII 

VI 

IX 

V 

IX 

VII 
VII 

III 

XII 
VI 

I 

XII 

VI 

VI 

XII 

VI 

I 


Page 


646 

652 

708 
987 

763 

782 

729 

659 
890 
778 
918 

706 
724 

657 
617 

648 

730 

638 

647 

649 

620 

645 
712 


607 


Industry  Date 


Basic  Code — Continued. 

Secretary    of    the    Interior,     Delegation    of 

authority  under  section  9  of  the  Act 6-30-34 

Sheltered  Workshops.     {See  Sheltered  Work- 
shops.) 
Stay,  Authority  granted  to  Administrator  to 
—  application  of  Codes  if  petition  is  made 

within  10  days  after  effective  date 7-15-33 

Territorial  exemptions  and  agreements  and 
issuance  of  N.R.A.  Insignia  under  Codes  of 

Fair  Competition 7-  2-34 

Territories,  Delegating  authoritj^  to  the  Ad 

ministrator  to  enter  into  agreements  for 6-27-34 

Administrator.  (See  Administration  —  Appoint 
ment.) 

Advertising  Display  Installation 1-30-34 

Code  Authority,  Extension  of  time  for  elec 

tion  of  iDermanent 5-15-34 

Suspension  of  Code,  Partial 5-28-34 

Advertising  Distributing  Trade 2-17-34 

Code  Authority,  Extension  of  time  to  elect 

permanent 3-30-34 

Code  Authority,  Extension  of  time  fdr  elec 

tion  of  permanent 5-  5-34 

Suspension  of  Code,  Partial 5-28-34 

Advertising  Metal  Sign  and  Display  Manufactur- 
ing—  (see  also  Fabricated  Metal  Products  Man- 
ufacturing   and    Metal    Finishing   and    Metal 

Coating  Supplement,  No.  17) 4-20-34 

Advertising  Newspapers.      (See  Graphic  Arts.) 
Advertising,  Outdoor  —  Trade  {see  also  Outdoor 

Advertising  Trade) 2-24-34 

Advertising  Specialty  Manufacturing 10-31-33 

Wage  and  Hour  Provisions,  Requiring  post 

ing  of  —  for  the  Graphic  Arts  Code  by  the-  _      6-26-34 
Advertising  Topograph}'.      {See  Graphic  Arts.) 
Agricultural  Insecticide  and  Fungicide    {see  also 

Chemical  Manufacturing  Supplement,  No.  1)__      5-  1-34 

Air,  Compressed  {see  also  Compressed  Air) 10-11-33 

Air,  Conditioning,  Heating,  Piping,  and  —  Con- 
tractors'   {see    also    Construction    Supplement 

No.  16) :_      7-25-34 

Air  Filter  {see  also  Machinerv  and  Allied  Products 

Supplement,  No.  32) 1 7-21-34 

Air  Register,  Warm  {see  also  Warm  Air  Register)  _  _      6-28-34 

Air  Transport 11-14-33 

Air  Valve 3-31-34 

Air,    Warm  —  Furnace    Manufacturing    {see  also 

Warm  Air  Furnace  Manufacturing) 1 1-27-33 

Alcoholic  Beverage  Importing  (Labor  Provision) 7-17-34 

Alcoholic  Beverage  Wholesale  (Labor  Provisions)  _ .      5-22-34 
All-Cotton  Clothing  Linings  Division.      {See  Cot- 
ton Textile  Supplement,  No.  1.) 
AUied  Products,  Machinery  and  {see  also  Machin- 
ery and  Allied  Products) 3-17-34 

All-metal  Insect  Screen 11-14-33 

Allocation.  {See  Cotton  Garment  Industry.) 

Alloy  Casting • 1-30-34 

Amendment,  No.  1 7-22-34 

Expenses  of  Code  Administration,  Exemption 

from  Order  relevant  to  collection  of I     7-18-34 

Allovs,   Nickel  and  Nickel   {see  also  Nickel  and 

Nickel  Alloys) J     5-24-34 


Volume 


XII 

I 

XII 
XII 


X 

XI 
VII 

IX 

X 

XI 


IX 


VII 

II 

XII 


X 

I 


XIV 

XIII 
XII 

III 

IX 

III 

XIII 
X 


XIII 

III 

V 
XIII 

XIII 

X 


Page 


623 


715 

687 
612 

601 

968 
797 
187 


956 
797 


869 


273 

97 

664 


685 
653 


331 

671 

145 

1 

25 

461 
483 
601 


231 
9 

563 
473 

758 

381 


608 


Code 
No. 

Industry 

Date 

Volume 

Page 

470 

Alummum.        .        . 

6-26-34 

2-  8-34 
11-  8-33 

1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 

6-15-34 

5-17-34 

12-30-33 

4-24-34 

11-  2-33 

3-22-34 

2-  2-34 

11-27-33 

7-31-34 

1-30-34 
6-  5-34 

8-  1-34 

2-  9-34 

1-12-34 

7-27-33 
6-16-33 

7-15-33 

9-29-33 

XII 

VI 
II 

V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 

XII 

X 

IV 
X 

II 

VIII 
VI 

III 

XIV 

V 
XI 

XIV 

VI 
V 

I 
I 

V 

I 

113 

268 

Aluminum    Permanent    Mold    Castings    Division 
{see  Non-Ferrous  Foundry.) 

Aluminum,  Secondary  {see  also  Secondary  Alum- 
inum)       _    - 

305 

Ambulance,    Funeral    Vehicle,    and  (Supplement 
to  Automobile  Manufacturing)  _      _    _        _    .    . 

671 

^15 

Amendment.      {See  Executive  Orders  —  National 

Industrial  Recovery  Act.) 
American  Glassware        .      

257 

Automatic  Glassware  Division         _          _.   __ 

257 

Automatic  Tumbler  Glassware  Division 

Automobile  Glassware  Division  -_   _            

257 
257 

Blown  Glassware  Division 

257 

Blown  Table  Glassware  Division 

257 

Glassware  Cutting  and  Decorating  Division ._ 
Illuminating  Glassware  Division 

257 
257 

Lamp  Chimneys  and  Lantern  Globes  Division- 
Miscellaneous  Glassware  Division             

257 
257 

Pressed  Glassware  Division _            _    .. 

257 

Scientific  Glassware  Division   __   _   _ 

257 

Technical  and  Industrial  Glassware  Division. 
Minimum  Wage  Schedules,  Extension  of  time 
to  file  recommendations  for .    _ 

257 
633 

Wage  Schedules,  Extending  time  to  file  rec- 
ommendations as  to  minimum 

975 

1P5 

American  Leather  Belting  Division.     {See  Leather 

Industry  Amendment,  No.  1.) 
American  Match       .          _      

6?1 

Amendment,  No.  1     __        

445 

8=> 

American  Petroleum  Equipment. 

339 

354 

Ammunition,  Small  Arms  and  —   Manufacturing 
{see  also  Small  Arms  and  Ammunition  Manufac- 
turing)                  

347 

?53 

Animal  Soft  Hair _ 

97 

138 

Anti-Friction  Bearing        

473 

Amendment,  No.  1             __      _ 

?13 

236 

Appliance,  Cooking  and  Heating  —  Manufactur- 
ing  {see  also  Cooking  and  Heating  Appliance 
Manufacturing)                                    __    _ 

549 

Appliance,  Locomotive   {see  also  Machinery  and 
Allied  Products  Supplement,  No.  12) 

645 

Appliance,     Locomotive    —    Subdivision.       {See 
Machinery  and   Allied   Products   Amendment, 
No.  3.) 

Appliance,   Railway  —   Manufacturing   {see  also 
(Machinery  and  Allied  Products  Supplement, 
No.  39)      "           --    .-    _    - 

523 

Appliances,    Railway    Car    {see    also    Fabricated 
Metal     Products     Manufacturing    and     Metal 
Finishing    and     Metal     Coating     Supplement, 
No.  5)       --    

637 

198 

Appliance,  Railway  Safety.     {See  Railway  Safety 
Appliance.)    -_ - 

33 

Appointment: 

Central  Statistical  Board    _    .          

724 

Hugh  S.  Johnson  as  Administrator  _        

711 

Hugh   S.   Johnson  to  appoint  personnel,  fix 
compensations  and  conduct  hearings 

Hugh    S.    Johnson    to   serve   temporarily   as 
member  of  each  code  Authority 

763 
733 

609 


Code 
No. 

Industry 

Date 

Volume 

Page 

Appointment — Continued. 

Sheltered     Workshops,     Providing    for    the 

design    and    use    of    insignia,    specifying 

pledge  to  be  signed,  and  —  of  National 

Committee 

5-11-34 

X 

961 

Apprentice  training,   Application  of  Labor  Pro- 

visions of  Codes  of  Fair  Competition  affecting,. 

6-27-34 

XII 

613 

Appropriation,    Expenditures   out   of   allocations 

from  the  —  for  National  Industrial  Recovery.  . 

3-27-34 

VIII 

863 

Aprons  Division  (see  also  Leather  Industry  Amend- 

ment, No.  1). 

Archery.     {See  Athletic  Goods  Manufacturing.) 

Arch,     Locomotive     —     Refractories     Division. 

(See  Refractories.) 

Arches,  Suspended  Walls  and  —  Division.      (See 

Refractories.) 

354 

Arms,  Small  —  and  Ammunition  Manufacturing 

(see  also  Small  Arms  and  Ammunition  Manu- 

facturing)   

3-22-34 
9-18-33 

VIII 

I 

347 

29 

Artificial  Flower  and  Feather 

381 

Approving  overtime  work  on  certain  condi- 

tions for  the  —  Industry 

2-21-34 

VII 

715 

Denial    of    Application    for    exemption    by 

Kaplan  Brothers 

11-  4-33 

II 

701 

Artistic  Lighting  Equipment  Manufacturing  (see 

also  Fabricated  Metal  Products  Manufacturing 

and  Metal  Finishing  and  Metal  Coating  Supple- 

ment, No.  37) 

6-28-34 
3-16-34 
7-17-34 
2-17-34 

XII 
VIII 
XIII 

VII 

509 

335 

Art  Needlework 

75 

Amendment,  No.  1 

329 

287 

Arts,  Graphic  (see  also  Graphic  Arts) 

1 

80 

Asbestos 

11-  1-33 
11-  1-33 

II 
II 

273 

Asbestos  Cement  Products  Division 

273 

Asbestos  Paper  and  Allied  Products  Division.  _ 

11-  1-33 

II 

273 

Asbestos  Magnesia  Products  Division 

11-  1-33 

II 

273 

Asbestos  Textile  Products  Division 

11-  1-33 

II 

273 

Brake  Lining  and  Related  Friction  Products 

Division 

11-  1-33 
4-27-34 

II 

X 

273 

Amendment,  No.  1 

479 

191 

Ashes,  Cinders,  — ,  and  Scavenger  Trade  (see  also 

Cinders,  Ashes,  and  Scavenger  Trade) 

12-30-33 

IV 

569 

150 

Asphalt  and  Mastic  Tile 

12-  7-33 

III 

617 

Amendment,  No.  1 

7-20-34 
11-  6-33 

XIII 

II 

421 

99 

Asphalt  Shingle  and  Roofing  Manufacturing 

523 

239 

Assembling,    Porcelain    Breakfast   Furniture    (see 

also  Porcelain  Breakfast  Furniture  Assembling). 

1-30-34 

V 

587 

Athletic  Goods  Distributing  Trade  (see  also  Whole- 

saling or  Distributing  Trade  Supplement,  No. 

13) 

7-17-34 
2-  2-34 
2-  2-34 

XIII 
VI 
VI 

619 

254 

Athletic  Goods  Manufacturing 

107 

Archery  Division 

107 

Badminton  Division 

2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 

VI 
VI 
VI 
VI 
VI 

107 

Balls  Division 

107 

Baseball  Division 

107 

Basket  Ball  Division 

107 

Boxing  Division 

107 

Cricket  Division 

2-  2-34 
2-  2-34 
2-  2-34 

VI 
VI 
VI 

107 

Emblems  Division 

107 

Equipment  Division 

107 

Field  Athletics  Division 

2-  2-34 

VI 

107 

Golf  Division 

2-  2-34 
2-  2-34 
2-  2-34 

VI 
VI 
VI 

107 

Handball  Division 

107 

Football  Division 

107 

610 


Industry 


Volume 


Athletic  Goods  Manufacturing — Continued. 

Hockey  Division 

La  Crosse  Division 

Letters  Division 

Pennants  Division 

Polo  Division 

Racquets  Division 

Shoe  Division 

Squash  Division 

Rugbj'  Football  Diviiion 

Soccer  Division 

Tennis  Division 

Track  Division 

Uniforms  Division 

Volley  Ball  Division 

Water  Polo  Division 

Wrestling  Division 

Amendment,  No.  1 

Atlantic  Mackerel  Fishing  (see  also  Fishery  Sup- 
plement, No.  4) 

Authority.      {See  Administration.) 

Auto,  Fabric  —  Equipment  Division.     {See  Light 

Sewing  Industry  Except  Garments.) 
Automatic   Glassware   Division.      {See  American 
Glassware.) 

Automatic  Sprinkler 

Amendment,  No.  1 

Automatic    Tumbler    Glassware    Division.      {See 

American  Glassware.) 
Automobile  Fabrics,  Proofing  and  Backing  Divi- 
sion.     {See  Rubber  Manufacturing.) 
Automobile  Glassware  Division.     {See  American 

Glassware.) 
Automobile   Hot   Water   Heater   Manufacturing 
{see    also    Automotive    Parts    and    Equipment 

Manufacturing  Supplement,  No.  1)___ 

Automobile  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Automotive    Board   of   Three,    Authorization   to 
pass  on  certain  questions  arising  in  Automotive 

Parts  and  Equipment  Manufacturing 

Board,  Establishing  a  —  of  tnree 

Supplemeat,  No.  1 — Funeral  and  Ambulance 

Subdivisions 

Automotive  Parts  and  Equipment  Manufacturing 

Amendment,  No.  1. 

Authorization  of  the  Automotive  Board  of 

Three  to  pass  on  certain  questions  arising  in 

Supplement  No.  1,  for  Automobile  Hot  Water 

Heater  Manufacturing 

Supplement,   No.  2,  for  Replacement  Axles 

Shaft  Manufacturing 

Supplement,    No.    3,    for    Leaf    Spring 

Manufacturing 

Automotive,  Wholesale  —  Trade  {see  also  Whole- 
sale Automotive  Trade) 

Auxiliary,  Marine  —  Machinery  {see  also  Marine 

Auxiliary  Machinery) 

Axe  Division.      {See  Tool  and  Implement  Manu- 
facturing Industry  Supplement.) 
Axle  Shaft  Replacement  —   Manufacturing   {see 
also  Automotive  Parts  and  Equipment  Manu- 
facturing Supplement,  No.  2) 


2- 
2- 
2- 
2- 

2- 
2- 


2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 
2-  2-34 
5-31-34 

5-  3-34 


10-  9-33 
7-20-34 


6-25-34 

8-26-33 

12-18-33 

1-  8-34 

XII 

I 

IV 

V 

4-27-34 
3-26-34 

IX 
VIII 

11-  8-33 

11-  8-33 

3-29-34 

II 

11 

IX 

4-27-34 

IX 

6-25-34 

XII 

7-  3-34 

xii 

7-18-34 

XIII 

12-18-33 

IV 

1-30-34 

V 

7-  3-34 


VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
Vj 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
XI 


I 

XIII 


XII  533 


611 


Industry 

Backing,    Automobile   Fabrics,    Proofing  and  — 

Division.     (See  Rubber  Manufacturing.) 
Backwall,  Pottery  Supplies  and  —  and  Radiant 
(see  also  Potterj^  Supplies  and  Backwall  and 

Radiant) 

Badminton.  {See  Athletic  Goods  Manufactur- 
ing.) 
Bag,  Hand  • — ■  Frame  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  ai^d 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  45) 

Bag,    Paper  —   Manufacturing    (see   also   Paper 

Bag  Manufacturing) 

Bag,  Transparent  —  and  Envelope  Division. 
(See  Transparent  Materials  Converters.) 

Bag,  Used  Textile  (see  also  Used  Textile  Bag) 

Bag,  Textile  (see  also  Textile  Bag) 

Bakers',  Retail  —  Division.     (See  Baking.) 
Bakery  Equipment  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 

29) 

Baking 

Cake  Bakers'  Division 

House  to  house  Bakers'  Division 

Local  Wholesale  Bakers'  Division 

Multiple  Unit  Retail  Bakers'  Division 

Multistate  Bakers'  Division 

Pie  Bakers'  Division 

Retail  Bakers'  Division 

Specialty  Bakers' — Dark  Bread  Division 

Specialty  Bakers' — White  Bread  Division 

Amendment,  No.  1 

Code  Authority,  Staying  effective  date 
and  increasing  time  for  the  —  to  file 

reports 

Price  Lists,  Stay  of  code  provisions  rele- 
vant to 

Ball  Clay  Production 

Balls.     (*See  Athletic  Goods  Manufacturing.) 
Banana  and  Drj^  Cleaner  or  Garment  Delivery 
Bag  Division.     (See  Paper  Bag  Manufacturing.) 

Band  Listrument  Manufacturing 

Bank  and  Commercial  Stationery.  (See  Graphic 
Arts.) 

Bank  and  Security  Vault  Manufacturing 

Bankers 

Amendment,  No.  1 

Stay  of  effective  date  of  Article  VIII 

Bankers,  Investment  (see  also  Investment  Bank- 
ers)   

Bankers,  Mutual  Savings  (see  also  Mutual  Savings 

Bankers) 

Barber,  Beauty  and  —  Equipment  and  Supplies 
Trade    (see    also    Wholesaling   or    Distributing 

Trade  Supplement,  No.  4) 

Barber,  Beauty  and  —  Shop  Mechanical  Equip- 
ment Manufacturing  (see  also  Beauty  and  Bar- 
ber Shop  Mechanical  Equipment  Manufactur- 
ing)  

Barber  Shop  Trade 

Suspension  of  Code,  Partial 

Barber  Supplies,  Beauty  and  —  Division.     (See 

Wholesaling  or  Distributing  Trade.) 
80835—34 34 


Date 

Volume 

2-16-34 

VI 

8-  1-34 

XIV 

1-26-34 

V 

2-  8-34 

VI 

9-18-33 

I 

7-13-34 

XIII 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

6-16-34 

XII 

6-16-34 

XII 

7-19-34 

XIII 

1-16-34 

V 

2-10-34 

VI 

5-  1-34 

IX 

10-  3-33 

I 

1-22-34 

V 

12-11-33 

IV 

11-27-33 

III 

10-  9-33 

I 

4-  4-34 

IX 

2-16-34 

VI 

4-19-34 

IX 

5-28-34 

XI 

612 


422 
94 


Industry 


Barrel,  Standard  Steel  —  and  Drum  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  26) 

Baseball.      {See  Athletic  Goods  Manufacturing.) 

Basic  Code 

Amplification  of  previous  provisions 

Providing  supplementary  provisions 

Basic  Refractories  Division.      {See  Refractories.) 

Basket  Ball.  {See  Athletic  Goods  Manufactur- 
ing-) 

Battery,  Electric  Storage  and  Wet  Primary  {see 
also  Electric  Storage  and  Wet  Primary  Battery) . 

Battery,  Retail  Rubber  Tire  and  —  Trade  {see 
also  Retail  Rubber  Tire  and  Battery  Trade) 

Batting  and  Padding 

Batting,  Drv  Goods  Cotton  {see  also  Dry  Goods 
Cotton  Batting) 

Bearing,  Anti-Friction  {see  also  Anti-Friction 
Bearing) 

Bearings,  Railway  Brass  Car  and  Locomotive 
Journal  —  and  Castings  Manufacturing  (see 
aho  Railway  Brass  Car  and  Locomotive 
Journal  Bearings  and  Castings  Manufacturing). 

Beater  and  Jordan  and  Allied  Equipment  {see  also 
Machinerv  and  Allied  Products  Supplement, 
No.  7).-.l 

Beauty  and  Barber  Equipment  and  Supplies 
Trade  {see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  4) 

Beauty  and  Barber  Shop  Mechanical  Equipment 
Manufacturing 

Beauty  and  Barber  Supplies  Division.  {See 
Wholesaling  or  Distributing  Trade.) 

Bedding  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Bedspread,  Candlewick  {see  also  Candlewick 
Bedspread) 

Bedspreads,  Novelty  Curtain,  Draperies,  and 
Novelty  Pillow ' 

Bed,  Temporary  limitation  of  hours  of  machine 
operation  in  the  Wide  —  Sheeting  Group  of 
the.      {See  Cotton  Textile  Industry.) 

Beech,  Maple,  — ,  and  Birch  Flooring  Division. 
{See  Lumber  and  Timber  Products.) 

Beeswax,  Candle  Manufacturing  Industry  and 
the  —  and  Bleachers  Refiners  {see  also  Candle 
Manufacturing  Industry  and  the  Beeswax  and 
Bleachers  Refiners) 

Beet  Sugar  (Labor  Provisions) 

Belt,  Canvas  Stitched  —  Manufacturing  (see  also 
Canvas  Stitched  Belt  Manufacturing) 

Belt,  Garter,  Suspender  and  —  Manufacturing 
{see  also  Garter,  Suspender  and  Belt  Manu- 
facturing)   

Belting,  American  Leather  —  Division.  {See 
Leather  Industry  Amendment,  No.  1.) 

Belt,  Multiple  V  —  Drive  (.see  also  Machinery  and 
Allied  Products  Supplement,  No.  30) 


Date 

Volume 

5-16-34 

X 

7-10-34 
7-10-34 
7-10-34 

XIII 
XIII 
XIII 

10-  3-33 

I 

5-  1-34 
5-  6-34 

IX 
X 

4-21-34 

IX 

11-27-33 

III 

1-29-34 

V 

5-14r-34 

X 

4-  4-34 

IX 

2-16-34 

VI 

1-23-34 
6-29-34 
7-10-34 
7-27-34 
7-31-34 

V 

XII 
XIII 
XIV 
XIV 

6-  1-34 

XI 

11-  1-33 

II 

2-20-34 
10-27-33 

VII 

II 

5-  9-34 

X 

11-  4-33 

II 

7-13-34 

XIII 

613 


299 

186 
221 
368 


Industry 


Belt,  Women's  {see  also  Women's  Belt) 

Beverage,    Alcoholic   —   Importing    (Labor   Pro- 
vision) (see  also  Alcoholic  Beverage  Importing) .  _ 
Beverage,    Alcoholic   —    Wholesale    (Labor   Pro- 
visions)   

Beverage  Dispensing  Equipment 

Cabinet,   Mill,  and  Architectural  Woodwork 
Institute,    Allowing    exception    from    the 

code  for 

Cabinet,  Mill,  and  Architectural  Woodwork 

Institute,  Inclusion  of  —  under 

Bias  Tape 

Bicycle  Manufacturing 

Bilfiard,    Bowling  and  —  Operating  Trade    {see 

also  Bowling  and  Billiard  Operating  Trade) 

Binder     Twine     Division.      {See     Cordage     and 

Twine.) 
Binding,  Library.     {See  Graphic  Arts.) 
Birch,   Maple,  Beech,  and  —  Flooring  Division. 
{See  Lumber  and  Timber  Products.) 

Bituminous  Coal 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Bids,  Staying  application  of  Order  relevant 
to  —  Rendered  to  governmental  agencies-- 
Code  Authorities,  Appointment  of  Adminis- 
tration Members  on  Coordination  Boards 

of  the  Several 

Revision 

Sales  to  hospitals,  Disallowing  special  exemp- 
tions for 

Bituminous,  Cold  Laid  —  Concrete  Division 
Approving.  {See  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries.) 
Blackboard  Slate  Division.  {See  Slate.) 
Blade,  Hack  Saw  —  Manufacturing  {see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  8) 

Blade,  Safety  Razor  and  Safety  Razor  —  Manu- 
facturing   {see   also   Safety    Razor   and   Safety 

Razor  Blade  Manufacturing) 

Blankets   Division.     {See  Wool  Textile   Amend- 
ment, No.  1.) 
Blast    Furnace    Castings    Division.     {See    Non- 
Ferrous  Foundry.) 

Bleached  Shellac  Manufacturing 

Bleachers,  Candle  Manufacturing  Industry  and 
the  Beeswax  and  —  Refiners  {see  also  Candle 
Manufacturing    Industry    and     the     Beeswax 

and  Bleachers  Refiners) 

Blind,  Venetian  {see  also  Venetian  Blind) 

Block,    Brush    Handle   and    Brush    — ■    Division. 

{See  Wood  Turning  and  Shaping.) 
Block,  End  Grain  Strip  Wood  {see  aiso  End  Grain 

Strip  Wood  Block) 

Block,  Metal  Hat  Die  and  Wood  Hat  {see  also 

Metal  Hat  Die  and  Wood  Hat  Block) 

Block,  Print  Roller  and  Print  —  Manufacturing 
{see  also  Print  Roller  and  Print  Block  Manufac- 
turing)   


Date 

10-  3-33 

7-17-34 

5-22-34 
3-16-34 

4-17-34 

7-10-34 
5-23-34 
5-21-34 

3-17-34 


9-18-33 
3-31-34 
4-22-34 
6-  4-34 

6-27-34 


6-21-34 
9-29-33 

5-28-34 


3-17-34 
7-21-34 

4-21-34 


2-20-34 
1-24-34 


12-30-33 
1-23-34 

3-26-34 


Volume 

I 
XIII 

X 

VIII 

XIII 

XIII 
X 
X 

VIII 


I 

IX 

X 

XI 

XII 


XII 

I 

XI 


Page 

511 

483 

601 
59 

723 

729 
343 

287 

221 


323 
665 
431 
391 

665 


655 
702 

791 


VII 

XIII 

IX 


VII 
V 


IV 
V 

VIII 


779 
203 

423 


243 
447 


511 
347 

541 


614 


Code 
No. 


Industry 


Block,  Tackle  —  Manufacturing  {see  aha  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and   Metal  Coating  Supple- 

meatal,  No.  11) 

194      Blouse  and  Skirt  Majuifacturing 

Amendment,  No.  1 

238      Blower,  Fan  and  (see  also  Fan  and  Blower) 

Blue  Crab  {see  also  Fishery  Supplement,  No.  5)._ 
Blue  Eagle,  Code  —  Regulations,  Creation,  ais- 

play  and  penalty 

Blue  Eagle  Regulations,  Creation  and  penalties. . 
Board,  Central  Statistical  —  Appointing  of  {see 

also  Central  Statistical  Board)       

Boarci,  Cork  Bulletin  and  Display  —  Manufac- 
turers Division.      {See  Cork.) 
Board,  Creation  of  the  National  Recovery  Review- 
Board,  Establisnment  and  use  of  Official  N.R.A. 

Bulletin 

Board,  Funas  for  the  National  Recovery  Peview- 

353      Board,  Insulation  (see  also  Insulation  Board) 

406      Boatbuilding  a.id  Boat  Repairing 

414      Bobbin  and  Spool 

Amendment,  No.  1 

258      Boiler,  Cast  I^on  —  and  Cast  Iron  Radiator  {see 
also  Cast  Iron  Boiler  and  Cast  Iron  Radiator). 

38  I  Boiler  Manufacturing 

1  Amendment,  No.  1 

j  Boiler,  Range  —  Manufacturing.      {See  Plumbing 
I       Fixtures  Amendment,  No.  2.) 
G2      Boiler,  Steel  Tubular  and  Fire  Box  {see  Steel  Tu- 
bular and  Fire  Box  Boiler) 

^  Bonding,  High  Temperature  —  Mortars  Division. 
i        {See  Refractories.) 
276  I  Bonnaz,  Pleating,  Stitching  and  —  and  Hand  Em- 
I       broidery  {see  also  Pleating,  Stitching,  and  Bon- 

j       naz  and  Hand  Embroidery) 

412     Book,  Loose  Leaf  and  Blank  {see  also  Loose  Leaf 

and  Blank  Book) 

Book  Manufacturing.      {See  Graphic  Arts.) 
Booksellers  Trade  {see  also  Retail  Trade  Supple- 
ment, No.  1) 

44  1  Boot  and  Shoe  Manufacturing 

459  j  Bottled  Soft  Drink 

246      Bottle,  Paper  Disc  Milk  —  Cap  {see  also  Paper 

!       Disc  Milk  Bottle  Cap) 

371  i  Bottle,  Sanitarv  Milk  —  Closure  {see  also  Sanitary 

I       Milk  Bottle  Closure) 

379      Bottling  Machinery  and  Equipment  Manufactur- 
ing  

346  1  Bowling  and  Billiard  Operating  Trade 

I  Suspension  of  Code,  Partial 

193  j  Bo.x,  Folding  Paper  (.see  also  Folding  Paper  Box). 
Boxing.      {See  Athletic  Goods  Manufacturing.) 
Box,  Paper  —  Machinery  Industry  and  Trade  {see 
also  Packaging  Machinery  Industry  and  Trade 

Supplement,  No.  2) 

167      Box,  Set  Up  Paper  —  Manufacturing  {see  also  Set 

Up  Paper  Box  Manufacturing) 

338      Bracket,  Wooden  Insulator  Pin  and  —  Manufac- 
turing   (.see    also    Wooden    Insulator    Pin    and 

j       Bracket  Manufacturing) 

I  Bradford,  Worsted  Spinners  —  System  Division. 
I       {See  Wool  Textile  Amendment,  No.  1.) 


3-26-34 

VIII 

12-30-33 

IV 

8-  2-34 

XIV 

1-30-34 

V 

5-  5-34 

X 

4-12-34 

IX 

4-19-34 

IX 

7-27-33 


3-  7-34 

1-  6-34 
3-  9-34 
3-22-34 
4-24-34 
5-  3-34 
8-  2-.34 

2-  3-34 
10-  3-33 

4-16-34 


10-23-33 


3-16-34 


VII 

V 

VII 

VIii 

IX 

IX 

XIV 

'  VI 

I 

IX 


2-10-34 

VI 

5-  1-34 

IX 

4-13-34 

10-  3-33 

6-  7-34 

IX 

I 

XI 

2-  1-34 

VI 

3-26-34 

VIII 

4-  4-34 

3-17-34 

5-28-34 

12-30-33 

IX 

VIII 

XI 

IV 

5-21-34 

XI 

12-18-33 

IV 

VIII 


615 


Industry 


Braided  Elastic  Division.     (See  Narrow  Fabrics.) 

Braided  Non-Elastic  Division.  {See  Narrow  Fab- 
rics.) 

Braiding,  Knitting  —  and  Wire  Covering  Machine 
(see  also  Knitting,  Braiding,  and  Wire  Covering 
Machine) 

Braid,  Millinery,  and  Dress  Trimming  —  and  Tex- 
tile (see  also  Millinery  and  Dress  Trimming 
Braid  and  Textile) 

Brass,  Copper  and  —  Mill  Products  (see  also  Cop- 
per and  Brass  Mill  Products) 

Brass  Forging  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  42). 

Brassiere,  Corsetand  (see  also  Corsetand  Brassiere) . 

Brassiere,  Corset,  —  and  Allied  Trades  Fabrics 
Division.  (*See  Cotton  Textile  Supplement, 
No.  1.) 

Brass,  Railway  —  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing  (see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Brass,  Sanitary  —  Plumbing  Fittings  Division. 
(See  Plumbing  Fixtures.) 

Bread,  Specialty  Bakers' — White  —  Division. 
{See  Baking.) 

Breakfast  Furniture,  Porcelain  —  Assembling 
(see  also  Porcelain  Breakfast  Furniture  Assem- 
bhng) _ 

Brewing  (Labor  Provisions) 

Brick,  Sleeve,  Nozzle,  and  Runner  —  and  Tuyeres 
Division.     {See  Refractories.) 

Bridge,  Toll  (see  also  Toll  Bridge) 

Bright  Wire  Goods  Manufacturing  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  21) 

Broadcasting,  Radio  (see  also  Radio  Broadcasting) . 

Brokerage,  Real  Estate  (see  also  Real  Estate 
Brokerage) 

Broom  Manufacturing 

Brush  Handle  and  Brush  Block  Division.  {See 
Wood  Turning  and  Shaping.) 

Brush  Manufacturing 

Household  Brush  Manufacturers'  Division  — 
Industrial,  Jewelers',  and  Dental  Brush  Manu- 
facturers' Division 

Paint    and    Varnish    Brush    Manufacturers' 

Division 

Shaving  Brush  Manufacturers'  Division 

Toilet  Brush  Manufacturers'  Division 

Twisted-in-Wire  Manufacturers'  Division 

Wire  Brush  Manufacturers'  Division 

Buckle,  Celluloid  Button,  —  and  Novelty  Man- 
ufacturing (see  also  Celluloid  Button,  Buckle, 
and  No velt}"  Manufacturing) 

Buffing  and  Polishing  Composition 

Buff  and  Polishing  Wheel 

Amendment,  No.  1 

Builders,  Hoist  (see  also  Machinerj^  and  Allied 
Products  Supplement,  No.  20) 


Date 


10-  3-33 

10-31-33 

11-  2-33 


7-19-34 
8-14-33 


1-29-34 


1-30-34 
3-22-34 


5-17-34 


5-  7-34 
11-27-33 

4-  9-34 
6-18-34 


3-23-34 
3-23-34 

3-23-34 

3-23-34 
3-23-34 
3-23-34 
3-23-34 
3-23-34 


4-20-34 

11-    4r-33 

11-14-33 
7-18-34 

6-12-34 


Volume 


Page 


II 
II 


XIII 

I 


V 
VIII 


X 

III 

IX 
XII 


VIII 
VIII 

VIII 

VIII 
VIII 
VIII 
VIII 
VIII 


IX 

II 
II 

XIII 
XII 


411 


149 
289 


645 
69 


511 


587 
729 


199 


781 
353 

259 
19 


423 
423 

423 

423 
423 
423 
423 
423 


367 
501 
491 
385 

403 


616 


Industry 


Builders  Supplies  Trade 

Amendment,  No.  1 

Overhead  costs,  Approving  — ,  rules  and 
regulations  for  the 

Overhead  Costs,  based  on  cost  of  merchan- 
dise  

Overhead     costs,     Temporary    approval    of 
method  of  determining  —  for  the  —  Trade. 
Building  Materials,  Retail  Lumber,  Lumber  Prod- 
ucts,— ,and  Building  S]jecialties  {see  also  Retail 
Lumber,  Luml)er  Products,  Building  Materials, 

and  Building  Specialties) 

Building,    Riiihvay    Car    {see   also    Railway    Car 

Building) 

Building,  Savings,  —  and  Loan  Associations 
{see  also  Savings,  Building  and  Loan  Associa- 
tions)   

Bulk  Drinking  Straw,  Wrapped  Drinking  Straw, 
Wrapped  Toothpick,  and  Wrapped   Manicure 

Stick 

Bulletin,  Cork  —  and  Display  Board  Manufac- 
turers Division.      {See  Cork.) 
Bulletin,    Establishment    and     use     of     Official 

N.R.A.  —  Board 

Bulletin  number  7: 

Complaint  procedure,  Providing  —  through 

"Officially  authorized"  Code  Authorities.. 

Complaints,  Amendments  to  —  for  handling 

and  adjustment  of 

Burlesque  Theatrical 

Burner,  Oil  {sec  also  Oil  Burner) 

Amendment,  No.  1 

Business     Furniture,     Storage     Equipment,    and 

Filing  Supply 

Steel  Locker  Division 

Steel  Office  Furniture  Division 

Steel  Shelving  Division 

Visible  Filing  Equipment  Division 

Amendment,  No.  1 ' 

Filing  Supjjly  Division 

Fire  Resistive  Safe  Division 

Contracts  with  the  procurement  division  of 
the  U.S.  Government,  Stay  of  code  pro- 
visions  

Price  declines.  Stay  of  provisions  applicable  to. 
Quotations  to   Governinental  Agencies,   Ex- 
emption relevant  to 

Quotations  to   Governmental   Agencies, 

Stay  of  Code  Provisions  relevant  to 

Schedule     of     Quantity,     Approval    of 

exemption  from  uniform 

Supplement,   No.    1,  for  Fire  Resistive 

Safe 

Supplement,  No.  2,  for  Filing  Supply 

Bus,  Motor  {see  also  Motor  Bus) 

Butter,  Peanut  {see  also  Peanut  Butter) 

Button,  Celluloid  — ,  Buckle  anrl  Novelty  Manu- 
facturing {see  also  Celluloid  Button,  Buckle  and 

Noveltv  Manufacturing) 

Button,  Covered  {see  also  Covered  Button) 

Button,  Fiber  and  Metal  Work  Clothing  —  Man- 
ufacturing {see  also  Fiber  and  Metal  Work 
Clothing  Button  Manufacturing) 


Date 

10-  3-33 
7-27-34 

2-17-34 

4-  9-34 

1-  8-34 

10-  3-33 
2-16-34 

12-21-33 

3-14-34 

1-  6-34 

5-12-34 

4-  6-34 

3-20-34 

9-18-33 

10-  3-33 

1-  4-33 
1-  4-33 
1-  4-33 
1-  4-33 
1-  4-33 
6-15-34 
6-15-34 
6-15-34 

7-23-34 
5-26-34 

7-11-34 

7-20-34 

6-  7-34 

7-30-34 

7-30-34 

10-31-33 

4-  4-34 


4-20-34 
3-16-34 


3-17-34 


Volume 

I 
XIV 

VII 

IX 

V 

I 

VI 

IV 

VIII 

V 

X 

IX 
VIII 

I 

I 

II 

II 
II 
II 
II 

XII 
XII 
XII 

XIV 
X 

XIII 

XIII 

XI 

XIV 

XIV 

II 

IX 


IV 
VIII 


VIII 


617 


Industry 


Button,  Fresh  Water  Pearl  —  Manufacturing 
{see  also  Fresh  Water  Pearl  Button  Manufactur- 
ing)  

Button  Jobbers'  or  Wholesalers'  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  15) 

Button,  Vegetable  Ivory  —  Manufacturing  (see 
also  Vegetable  Ivory  Button  Manufacturing) 

Buttons.  {See  Fresh  Water  Pearl  Button  Manu- 
facturings—  Wholesaling  or  Distributing  Trade.) 
Cable,  Wire  and  —  Subdivision.  {See  Electrical 
Manufacturing.) 

Cake  Bakers'  Division.      (See  Baking.) 

California  Sardine  Processing  (see  also  Fishery 
Supplement,  No.  3) 

Canal,  Inland  Water  Carrier  Trade  in  the  Eastern 
Division  of  the  United  States  Operating  Via 
the  New  York  —  System  (see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United  States  Operating  Via  the  New  York 
Canal  System) 

Candle  Manufacturing  Industry  and  the  Beeswax 
and  Bleachers  Refiners 

Candlewick  Bedspreads 

Candy  Manufacturing 

Sale    and    distribution,    Stay    of    provisions 

relevant  to  —  certain  types  of  merchandise. 

Trade    Practice    Provision,    Extending    stay 

of  one 

Candy  Stick  Division.  {See  Wood  Turning  and 
Shaping.) 

Can,  Fibre  —  and  Tube  (see  also  Fibre  Can  and 
Tube) 

Can  Labeling  and  Can  Casing  Machinery  In- 
dustry and  Trade  {see  also  Packaging  Machin- 
ery Industry  and  Trade) 

Can  Manufacturers 

Territorial  exemptions  from  Codes  for 

Can,  Milk  and  Ice  Cream  —  Manufacturing  (.see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  30) 

Canned  Salmon 

Canning 

Canning  and  Packing  Machinery 

Amendment,  No.  1 

Amendment,  No.  2 

Canvas  Goods 

Labor  provisions.  Extending  time  for  Com- 
mittee Report  on 

Canvas  Lug  Straps  Division.  (»See  Leather 
Industry  Amendment,  No.  1.) 

Canvas  Stitched  Belt  Manufacturing 

Cap  and  Closure 

Cap  and  Cloth  Hat 

Cap,  Paper  Disc  Milk  Bottle  {see  also  Paper 
Disc  Milk  Bottle  Cap) 

Cap  Screw  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement, 
No.  19) 

Caps,  Hats  and  —  Division.  (.See  Wholesaling  or 
Distributing  Trade.) 


2-26-34 

7-26-34 
6-  9-34 


4-24-34 


2-  6-34 

2-20-34 
6-  1-34 
6-11-34 

6-21-34 

7-22-34 


2-24-34 


6-11-34 


5-  9-34 
10-20-33 

6-  5-34 

2-  1-34 


5-  3-3^ 


VII      359 


5-  5-34 

X 

12-15-33 

IV 

7-23-34 

XIV 

5-17-34 

XI 

5-15-34 

X 

5-29-34 

XI 

10-31-33 

II 

1-27-34 

V 

7-1S-34 

XIII 

3-16-34 

VIII 

X 


XI 

VII 
XI 
XI 

XII 

XIII 


VII 


XI 


X 

II 

XI 
VI 


X 


618 


Industry 


Volume 


Carbon  Black  Manufacturing 

Carbon  Dioxide  {see  also  Chemical  Manufacturing 
Supplement,  No.  2) 

Carbonizers,  Wool  Scourers  and  —  Division. 
(See  Wool  Textile  Amendment,  No.  1.) 

Card  Clothing 

Amendment,  No.  1 

Carded  Men's  Wear  Division.  {See  Wool  Textile 
Amendment,  No.  1.) 

Carded  Spinners  Division.  {See  Wool  Textile 
Amendment,  No.  1.) 

Carded  Women's  Wear  Division.  {See  Wool 
Textile  Amendment,  No.  1.) 

Carded  Yarn.     {See  Cotton   Textile  Industry.) 

Card,  Sample  {see  also  Sample  Card) 

Cards,  Greeting.      {See  Graphic  Arts.) 

Carpet  and  Rug  Manufacturing 

Credit     allowances,     Termination     of     stay 
relevant  to 

Carpet,  Covered  —  Padding  Division.  {See  Light 
Sewing  Industry  Except  Garments.) 

Carpet,  Drapery  and  —  Hardware  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  22) 

Car,  Railway  —  Appliances  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
5) 

Car,  Railway  Brass  —  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing  {see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing).: 

Car,  Railway  —  Building  {see  also  Railway  Car 
Building) 

Carrier,  Inland  Water  —  Trade  in  the  Eastern 
Division  of  the  L'nited  States  Operating  Via  the 
New  York  Canal  System  {see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United  States  Operating  Via  the  New  York 
Canal  System 

Car,  Tank  —  Service  (see  also  Tank  Car  Service)  _  _ 

Carving,  Ornamental  Moulding  —  and  Turning 
(see  also  Ornamental  Moulding,  Carving  and 
Turning) 

Car  Wheel,  Chilled  {see  also  Chilled  Car  Wheel) . . 

Case,  Watch  —  Manufacturing  {see  also  Watch 
Case  Manuf actviring) 

Casing,  Can  Labeling  and  Can  —  Machinery  In- 
dustry and  Trade  (see  also  Packaging  Machin- 
ery Industry  and  Trade  Supplement,  No.  1) 

Caster  and  Floor  Truck  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  26)._1 

Castings.     {See  Non-Ferrous  Foundry.) 

Casting,  AII03'  (see  also  Alloy  Casting) 

Casting,  Die  —  Manufacturing  (see  also  Die  Cast- 
ing Manufacturing) 

Castings,  Railway  Brass  Car  and  Locomotive 
Journal  Bearings  and  —  Manufacturing  {see 
also  Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Castings,  Steel  (see  also  Steel  Castings) 


2-  8-34 

VI 

5-  4-34 

X 

1-23-34 
7-  5-34 

V 
XII 

2-19-34 
1-12-34 
5-12-34 


5-  9-34 

2-  9-34 

1-29-34 
2-16-34 


2-  6-34 
5-22-34 


2-  0-34 
2-17-34 

12-23-33 


5-  5-34 


VII 
V 
X 


X 

VI 

V 
VI 


VI 
X 


VI 
VII 

IV 


X 


7-  7-34 

XIII 

1-30-34 

V 

3-  8-34 

VII 

1-29-34 
11-  2-33 

V 
II 

619 


Code 
No. 

Industry 

Date 

Volume 

Page 

258 

Cast  Iron  Boiler  and  Cast  Iron  Radiator 

2-  3-34 

12-30-33 
9-  7-33 

12-18-33 
7-10-34 
8-  3-34 

11-27-33 
4-20-34 

11-27-33 

6-15-34 

1-23-34 
1-  5-34 

12-30-33 

3-21-34 

7-27-33 
5-  4-34 
5-25-34 

4-11-34 
11-18-33 

1-30-34 
1-31-34 

7-  5-34 
7-21-34 

7-  5-34 

VI 
IV 

I 

IV 
XIII 
XIV 

III 

IX 

III 

XII 

V 
V 

IV 
VIII 

I 

X 
X 

IX 

III 

V 
V 

XII 
XIII 

XII 

173 

192 

Cast  Iron,  Enameled  —  Plumbing  Fixtures  Divi- 
sion.    {See  Plumbing  Fixtures.) 
Cast  Iron  Pressure  Pipe 

579 

18 

Cast  Iron  Soil  Pipe                  -                          

259 

Amendment,  No.  1                                       

645 

Ainendment,  No.  2 

257 

Amendment,  No.  3 

297 

140 

Caulking     Compounds,     Waterproofing,     Damp- 
proofing  —   and    Concrete    Floor   Treatments 
Manufacturing  (see  also  Waterproofing,  Damp- 
proofing   Caulking   Compounds   and   Concrete 
Floor  Treatments  Manufacturing)      _              _    . 

497 

400 

Celluloid  Button,  Buckle  and  Novelty  Manufac- 
turing                                               

367 

1?8 

Cellulose    Ribbon    Division.     (ASee    Transparent 

Materials  Converters.) 
Cement 

325 

Bids   for    Portland    Cement   for    Fort    Peck 
Tunnels  in  the  State  of    Montana,  Excep- 
tion for 

634 

Exemption  of  members  from  certain  provi- 
sions of  Article  XI  for  the  —  Industry,  pend- 
ing modification   _                  _        _ 

780 

Stay,  Temporary  —  of  Article  XI  for  the  — 
Industrv 

767 

184 

Cement,    Asbestos  —   Products    Division.     {See 
Asbestos.) 

Cement,  Shoe  and  Leather  Finish,  Polish,  and  — 
Manufacturing  (.see  also  Shoe  and  Leather  Fin- 
ish, Polish,  and  Cement  Manufacturing) 

Cement  Gun  Contractors  (see  also  Construction 
Supplement,  No.  4)                                 -      - 

485 
793 

Central  Statistical  Board: 

Appointment  of                                         _  _        _  _ 

724 

Enumeration  of  function                         _    _ 

947 

Providing  Additional  funds                       

958 

Cereal  Machinery  Subdivision.     {See  Machinery 

and  Allied  Products.) 
Certification  and  Exemplification  of  Documents, 

Rules  and  Regulations  governing. 

910 

Certification,  rule  for  —  of  Documents. 

656 

Chain  Hoist,  Hand  —  Manufacturing   {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing  and    Metal    Coating   Supple- 
ment, No.  2) 

727 

Chain  Manufacturing  (see  also  Fabricated  Metal 
Products   Manufacturing  and  Metal  Finishing 
and  Metal  Coatiiig  Supplement,  No.  3) 

Chain    Pipe    Wrenches    (Tongs)    Division.     {See 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing  and    Metal   Coating   Supple- 
ment, No.  15.) 

Chain,  Roller  and  Silent  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  24) 

739 

587 

Chain,  Sprocket  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  34) 

695 

Charcoal    and    Packaged    Fuel    Division.     (*See 
Wholesaling  or  Distributing  Trade.) 

Chemical  Engineering  Equipment  (see  also  Ma- 
chinerv  and  Allied  Products  Supplement,  No. 
23) 

573 

620 


Industry 


Chemical  Engineering  Kciuipnient  Subdivision 
(see  also  Machinery  and  Allied  Products  Amend- 
ment No.  3). 

Chemical  Manufacturing 

Supplement,  No.  1  For  Agricultural  Insecti- 
cide and  Fungicide 

Nicotine  Group. 

Sulphur  Group 

Pyrethrum-Retonone  Group 

Supplement,  No.  2  For  Carbon  Dioxide 

Chemical,  Rug  —  Processing  Trade  (see  also  Rug 

Chemical  Processing  Trade) 

Cherry,  Preserve,  Maraschino  —  and  Glace  Fruit 
(see    also    Preserve,    Maraschino    Cherry    and 

Glace  Fruit) I 

Chewing  Gum 

Children's  Wear,  Infants'  and  (see  also  Infants' 

and  Children's  Wear) 

Chilled  Car  Wheel 

Chimneys,  Lamp  —  and  Lantern  Globes  Division. 

(»See  American  Glassware.) 
China  Accessories  Division.      (See  Floor  and  Wall 
Clay  Tile  Manufacturing  Amendment,  No.  1.) 
China,  Vitreous  —  Plumbing  Fixtures  Division. 
(*See  Plumljing  Fixtures.) 

Chinaware  and  Porcelain  Manufacturing 

Amendment,  No.  1 

Chocolate,  Cocoa  and  —  Manufacturing  (see  also 

Cocoa  and  Chocolate  Manufacturing) 

Chromium  Plate,  Pewter,  —  Miscellaneous  Divi- 
sion.    (»See  Silverware  Manufacturing.) 
Church  Envelope  System.      {See  Graphic  Arts.) 

Cigar  Container 

Cigar  Manufacturing 

Hours,  Wages,  and  Merchandising  Plan,  Ex- 
tending stays  provided  in  order  of  Code 

approval  relevant  to 

Cinders,  Ashes,  and  Scavenger  Trade 

Clay  and  Shale  Roofing  Tile 

Amendment,  No.  1 

Clay,  Ball  —  Production  (see  also  Ball  Clay  Pro- 
duction)   

Clay  Drain  Tile  Manufacturing 

Code  Authority,  Extension  of  time  for  election  of 

permanent 

Clay,  Fire.      (See  Refractories.) 
Clay,  Floor  and  Wall  —  Tile  Manufacturing  (see 
alsoFloor  and  Wall  Clay  Tile  Manufacturing). 
Clay    Flower    Pot    Division.      {See   Earthenware 
Manufacturing.) 

Clay  Machinery 

Clay,  Structural  —  Products  (see  also  Structural 

Clay  Products) 

Clay,  Vitrified  —  Sewer  Pipe  Manufacturing  (see 

also  Vitrified  Clay  Sewer  Pipe  Manufacturing). 

Cleaner,  Banana  and  Dry  —  or  Garment  Delivery 

Bag  Division.      (*See  Paper  Bag  Manufacturing.) 

Cleaner,     Vacuum    —    Manufacturing    (see    also 

Vacuum  Cleaner  Manufacturing) 

Cleaning  and  Dyeing  Trade 

Amendment,  No.  1 

Suspension  of  Code,  Partial 


2-10-34 


3-23-34 


6-  8-34 
1-30-34 

3-27-34 
2-17-34 


VI 


5-  1-34 

X 

5-  1-34 

X 

5-  1-34 

X 

5-  1-34 

X 

5-  4-34 

X 

VIII 


XI 
V 

VIII 
VII 


11-27-33 
3-16-34 

III 
VIII 

6-15-34 

XII 

11-27-33 
6-19-34 

III 

XII 

6-23-34 

12-30-33 

4-  6-34 

7-17-34 

XII 

IV 

IX 

XIII 

1-16-34 
3-24-34 

V 
VIII 

5-17-34 

X 

11-  4-33 

II 

3-17-34 

VIII 

11-27-33 

III 

11-27-33 

III 

3-  2-34 

11-  8-33 

4-19-34 

5-28-34 

VII 

II 

X 

XI 

621 


€ode 
No. 

Industry 

Date 

Volume 

Page 

34 

Cleaning,  Laundry  and  Dr\'  —  Machinery  Manu- 
facturing {see  also  Laundry  and  Dry  Cleaning 

Machinery  Manufacturing) 

10-  3-33 

I 

437 

200 

Cleansing,   ^^anitary   Napkin  and  —  Tissue   (see 

also  Sanitary  Napkin  and  Cleansing  Tissue) 

1-12-34 

V 

59 

Clipper,    Hair    —    Manufacturing    Subdivision. 

(See  Machinery  and  Allied  Products.) 

58 

Closure,  Cap  and  (see  also  Cap  and  Closure) 

10-20-33 

II 

1 

371 

Closure,  Sanitary  Milk  Bottle  (see  also  Sanitary 

Milk  Bottle  Closure) 

3-26-34 

VIII 

581 

457 

Cloth,  Cap  and  —  Hat  (see  also  Cap  and  Cloth 

Hat) 

6-  5-34 

XI 

193 

187 

Cloth,  Cotton  —  Gloye  Manufacturing  (see  also 

Cotton  Cloth  Gloye  Manufacturing) 

12-30-33 

IV 

525 

Clothespin    Division.      {See   Wood   Turning   and 

Shaping.) 

157 

Cloth,  Hair — ■  Manufacturing  (see  also  Hair  Cloth 

Manufacturing) 

12-15-33 

IV 

119 

Clothiers'  Linings  Division.     (*See  Cotton  Textile 

Supplement,  No.  1.) 

Clothing,  All-Cotton  — ■  Linings  Division.     {See 

Cotton  Textile  Supplement,  No.  1.) 

222 
341 

Clothhig,  Card  (see  also  Card  Clothing) 

Clothing,  Fiber  and  Metal  Work  —  Button  Manu- 
facturing (see  also  Fiber  and  Metal  Work  Cloth- 

1-23-34 

V 

357 

ing  Button  Manufacturing) 

3-17-34 

VIII 

155 

15 
416 

Clothing,  Men's  (see  also  Men's  Clothing) 

Cloth,  Leather  —  and  Lacquered  Fabrics,  Win- 
dow Shade  Cloth  and  Lnpregnated  Fabrics  In- 
dustries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Lnpregnated 

8-26-33 

I 

229 

Fabrics  Industries) 

5-  3-34 

IX 

607 

Cloth,  Pulp  and  Paper  Mill  Wire  —  Manufactur- 

ing {see  also  Fabricated  Metal  Products  Manu- 

facturing and  Metal  Finishing  and  Metal  Coat- 

ing Supplement,  No.  44) 

7-30-34 

XIV 

421 

289 

Cloth  Reel 

2-17-34 
2-  2-34 

VII 
VI 

85 

255 

Cloth,  Table  Oil  [see  also  Table  Oil  Cloth) 

125 

298 

Cloth,  Wiping  (see  also  Wiping  Cloth) 

2-17-34 

VII 

199 

24 

Coal,  Bituminous  (see  also  Bituminous  Coal) 

9-18-33 

I 

323 

337 

Coal  Dock 

3-16-34 
3-16-34 

VIII 
VIII 

99 

New  England  Division 

99 

Northwest  Division 

3-16-34 
3-16-34 

VIII 
VIII 

99 

Vessel  Fueling  Division 

99 

Bids,  Staving  application  of  Order  relevant 

to  —  Rendered  to  governmental  agencies 

6-27-34 

XII 

665 

Code  Authorities,  Appointment  of  Adminis- 

tration Members  on  Coordination  Boards 

of  the  Several 

6-21-34 

XII 

655 

314 

Coal,  Wholesale  (see  also  Wholesale  Coal) 

3-  1-34 

VII 

409 

5 

Coat  and  Suit 

8-  4-33 

I 

51 

Exemption,  Denial  of  application  for  —  by 

Associated  Coat  and  Suit  Manufacturers  of 

Portland,  Oregon 

10-11-33 

I 

735 

Exemption,  Denial  of  application  for  — •  by 

Connecticut  Garment  Manufacturers  Asso- 

ciation   

9-  7-33 
12-30-33 

I 

IV 

731 

189 

Coated  Abrasives 

549 

Coating,  Job  Galvanizing  Metal  (see  also  Fabri- 

cated    Metal     Products     Manufacturing    and 

Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  28) 

5-17-34 

XI 

455 

70 

Cock,  Gas  (see  also  Gas  Cock) 

10-31-33 

II 

157 

622 


Industry 


Cocoa  and  Chocolate  Manufacturing 

Code  Administration: 

AII03'  Casting,  Exemption  relevant  to  collect- 
tion  of  expenses  of 

Codes  of  fair  competition,  Making  provisions 
for  a  clause  in  —  relating  to  collection  of  ex- 
pense  

Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating, 
Terminating  exemption  relevant  to  collec- 
tion of  expenses  of 

Governing  collection  of  expenses  of 

Gray  Iron  Foundry,  Exemption  for  order  pro- 
viding method  of  meeting  expenses  of 

Imported  Date  Packing,  Termination  relevant 
to  collection  of  expenses  of 

Live  Poultry  Industry  of  the  Metropolitan 
Area  in  and  about  the  City  of  New  York, 
Partial  exemption  for  collection  of  expenses 
of 

Non-Ferrous  Foundry,  Termination  of  ex- 
emption for  collection  of  expenses  of 

Regulations  governing  collection  of  expenses 
of 

Retail  Solid  Fuel,  Exemption  relevant  to  col- 
lection of  expenses  of 

Tank  Car  Service,  Termination  of  exemption 
relevant  to  collection  of  expenses  of 

Termination  of  exemption  for  collection  of  ex- 
penses of 

Warm  Air  Furnace  Manufacturing,  Termina- 
tion of  exemption  for  collection  of  expenses 
of . 

Washing  and  Ironing  Machine  Manufactur- 
ing, Termination  of  exemption  relevant  to 

collection  of  expenses  of 

Code  Authorities,  Bulletin  No.  7,  Providing  com- 
plaint procedure  through  "officially  authorized  " 
Code  Autho'-ity,  Appointment  of  Administrator 

to  Serve  on  Each 

Code  Blue  Eagle  Regulations,  Creation,  display 

and  penalty 

Code  Eagles,  Code  Committees  and  — •  under  Serv- 
ice Trades  or  Industries 

Code  Making: 

Mandatory  Provisions,  Amplification  of  pre- 
vious order  relevant  to 

Mandatory  rules  and  regulations.  Prescribing 

Plan  for  completion  of 

Codes  of  Fair  Competition: 

Apprentice  training.  Application  of  Labor 
Provisions  affecting 

Bribery,  Commercial  —  provisions  to  be  in- 
cluaed  in  codes  heretofore  approved 

Code  Administration,  Govcning  collection  of 
expenses  of 

Code  Administration,  Making  provisions  for 
a  clause  in  —  relating  to  collection  of  ex- 
pense  

Contractors,  Compliance  by  Government  — 
with  approved 


7-19-34 
5-26-34 

6-22-34 

7-31-34 

7-16-34 
7-27-34 
4-14-34 
7-  7-34 
7-17-34 
7-27-34 

7-24-34 


8-  2-34 

XIV 

5-12-34 

X 

9-29-33 

I 

4-12-34 

IX 

6-28-34 

XII 

7-10-34 
7-10-34 
7-10-34 

XIII 
XIII 
XIII 

6-27-34 

XII 

L 1-27-33 

III 

5-2&-34 

X 

4r-14^34 

IX 

8-10-33 

I 

Volume 
XII 
XIII 
IX 

XIII 
X 

XII 

XIV 

XIII 
XIV 

IX 
XIII 
XIII 
XIV 

XIV 


623 


Code 

No. 

Industry 

Date 

Volume 

Page 

Codes  of  Fair  Competition — Continued. 

Contracts,  Government  —  and  contracts  in- 
volving the  use  of  Government  Funds  (see 
also    Contracts,    Government  —  and    con- 
tracts involving  u.se  of  Government  Funds)  _ 

Cooperative  organization,  Defining  effect  of 
certain  provisions  in  the  Codes  upon  (see 

3-14-34 

10-23-33 
5-  5-34 
6-12-34 
5-15-34 
1-23-34 

3-  3-34 

2-  2-34 

2-17-34 
2-28-34 
2-12-34 
5-28-34 
6-28-34 

5-15-34 

5-15-34 
7-15-33 

6-29-34 

3-16-34 

7-  2-34 

2-  6-34 
7-  3-34 

1-23-34 
7-17-34 

7-11-34 
3-17-34 

VIII 

II 
X 
XII 
X 
V 

VII 

VI 

VII 

VII 

VI 

XI 

XII 

X 
X 

I 

XII 

VIII 
XII 

VI 

XII 

V 
XIII 

XIII 
VIII 

859 
698 

Exemption,   Rules  and  regulations  concern- 
ing modifications  of  and  —  from  approved.  _ 

Governmental  agencies.  Exemption  for  quota- 
tions made  to  —  from 

957 
625 

Homeworkers,   Application  of  Labor  Provi- 
sions of  Codes  to.              -               _     _- 

950 

Hospitals,  Granting  limited  exemption  from 
provisions  of  —  in  connection  with  sales  to. 

Hospitals,   Granting  permanent  stay  of  ex- 
emption from  —  in  connection  with  sales 
to  —  for  certain  Industries- 

782 
726 

Hospitals,  Stay  of  order  granting  limited  ex- 
emption from  provisions  of  — •  in   connec- 
tion with  sales  to                      - 

659 

Labor    Provisions,    Prescribing    Rules    and 
Regulations    for    the    Interpretation    and 
Application  of  Certain  —  of  ■ —  as  they  may 
affect  Handicapped  Workers 

706 

Labor  Provisions,  Regulations  governing  the 
posting  of  ■ — •  of           _        -        -__ 

721 

Labor  provisions.  Rules  and  regulations  gov- 
erning the  posting  of  —  of        _      _ 

662 

Labor  provisions.  Use  of  labels  imder  —  con- 
taining mandatory                        _    _ 

792 

Local  codes  for  uncodified  Service  Trades  or 
Industries                                                        

615 

President's  Reemployment  Agreement,   Ex- 
ception  for   retail    and    service   trades   in 
towns  of  less  than  2,500  population 

Prohibiting   dismissal   of   employees  for  re- 
porting alleged  violations-    _   _             

952 
949 

Regulations  _ 

713 

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  power 
for  joint  code  approval,  etc                       

620 

Ser\ace  Trades  or  Industries.     (See  Service 

Trades  or  Industries.) 
Statistical  reports.  Requiring  certain  —  from 

members  of  industries  subject  to_  __    _ 

870 

Territorial  exemptions  and  agreements  and 
issuance  of  N.R.A.  Insignia   _                

687 

265 

Workshops.     {See  Sheltered  Workshops.) 
Coffee -     

267 

Amendment,  No.  1. -_   _ 

369 

228 

Coffee  Bag  Division.     {See  Paper  Bag  Manufac- 
turing.) 
Coin  Operated  Machine  Manufacturing     

435 

\mendment,  No.  1                               -    -      

337 

479 

Cold    Laid     Bituminous     Division,     Approving. 

(See   Crushed   Stone,   Sand,   and   Gravel,   and 

Slag  Industries.) 
Cold  Storage  Door  Manufacturing 

31 

345 

Collapsible  Tube 

209 

624 


Industry 


Collection,  Code  Administration,  Making  provi- 
sions for  a  clause  in  codes  of  fair  competition  re- 
lating to  —  of  expense 

Collection,    Governing  —   of   expenses   of    Code 

Administratibn 

Color,  Dry  [see  also  Dry  Color) 

Combed  Thread.      (See  Cotton  Textile  Industry.) 
Combed  Yarn.     (See  Cotton  Textile  Industry.) 
Combers   Division.      {See   AVool  Textile  Amend- 
ment, No.  1.) 
Comfortalile    Division.      {See   Light   Sewing    In- 
dustry except  Garments.) 
Commercial  t)ribery  provisions  to  be  included  in 

codes  heretofore  approved 

Commercial  Fixture 

Commercial  Photography  Division.  {See  Photo- 
graphic and  Photo  Finishing.) 

Commercial  Refrigerator 

Commercial  Relief  Printing.     {See  Graphic  Arts.) 

Commercial     Stationery     and     Office     Outfitting 

Trade  {see  also  Wholesaling  or  Distributing  Trade 

Supplement,  No.  3) 

Commercial  Vehicle  Body 

Committees,  Industrial  Relations  —  for  industries 

operating  under  approved  codes 

Compact  of  Fair  Competition  for  the  Prison  Indus- 
tries of  the  United  States  of  America 

Compensations.     (.SVe  Administration.) 
Complaints,  Amendments  to  Bulletin  No.  7,  for 

handling  and  adjustment  of 

Complaints,  Labor  —  and  Disputes,  Procedure  for 

handling 

Complete  Wire  and  Iron  Fence  {see  also  Fabri- 
cated Metal  Products  jNIanufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  38) 

Com[)liance  Procedure,  Providing  price  tolerance 
and  ■ —  under  Government  contracts  and  con- 
tracts involving  the  use  of  government  funds. _. 
Compliance.     {See  Administration:    Codes  of  Fair 

Competition.) 
Composition,    Buffing    and    Polishing    (see    also 

Buffing  and  Polishing  Composition) 

Composition,  Cork  —  and  Cork  Specialties  Manu- 
facturers Division.     {See  Cork.) 

C'ompressed  Air 

Concrete,  Cold  Laid  Bituminous  ■ —  Division, 
Approving.  {See  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries.) 

C( mcrete  Masonry 

Concrete  Mixer  '{see  also  Machinery  and  Allied 

Products  Supplement,  No.  37) 

Concrete  Pipe  Mainifacturing 

Concrete,   Ready   Mixed   {see  also  Ready   Mixed 

Concrete) 

Conditioning,  Heating,  Piping,  and  Air  —  Con- 
tractors'   {see   also   Construction   Supplement, 

No.  16) 

Cone,  Ice  Cream  (see  also  Ice  Cream  Cone) 

Confectioners'  Wholesale  {see  also  W^holesale  Con- 
fectioners')   

Construction 

Agricultural  pursuits,  Exemption  of  persons 
engaged  in 


Date 


4-14-34 

5-26-34 
4-25-34 


11-27-33 
5-  3-34 


12-23-33 

3-16-34 
7-16-34 

3-30-34 

4-19-34 

4-  6-34 
7-27-34 

7-  3-^ 
6-29-34 

11-  4-33 
10-11-33 

11-27-33 

8-  1-34 
12-30-33 

2-27-34 


7-25-34 
6-  4-34 

6-  6-34 
1-31-34 

6-13-34 


Volume 


IX 


X 
IX 


Page 


879 

987 
481 


III 
IX 


IV 

VIII 
XIII 

IX 

IX 

IX 
XIV 

XII 
XII 

II 
I 

III 

XIV 
IV 

VII 


XIV 
XI 

XI 
V 


659 
591 


441 

761 
159 

890 

731 

901 
575 

545 
616 

501 
653 

407 

477 
497 

371 


331 

177 

205 
649 


XII      627 


625 


Industry 


Volume 


Construction — Continued. 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Planning  and  Adjustment  Board,  Appointing 

Chairman  for  the 

Supplement,  No.  1,  for  General  Contractors. 

Building  Contractors  Subdivision 

Heavy  Construction  and  Railroad  Con- 
tractors Subdivision 

Highway  Contractors  Subdivision 

Supplement,' No.  2,  for  Painting,  Paperhang- 

ing,  and  Decorating 

Amendment,  No.  1 

Supplement,   No.  3,  for  Elevator  Manufac- 
turing  

Supplement,   No.  4,  for  Cement  Gun  Con- 
tractors   

Amendment,  No.  1 

Supplement,  No.  5,  for  Tile  Contracting 

Amendment,  No.  1 

Supplement,  No.  6,  for  Electrical  Contracting 

Amendment,  No.  1 

Supplement,  No.  7,  for  Mason  Contractors.. 

Amendment,  No.  1 

Supplement,   No.   8,  for  Roofing  and  Sheet 

Metal  Contracting 

Supplement,  No.  9,  for  Plumbing  Contracting 
Supplement,   No.   10,  for  Resilient  Flooring 

Contracting 

Supplement,   No.   11,  for  Wood  Floor  Con- 
tracting  

Supi^lement,  No.  12,  for  Insulation  Contrac- 
tors  

Supplement,  No.  13,  for  Kalamein 

Supplement,  No.  14,  for  Plastering  and  Lath- 
ing Contracting 

Supplement,  No.  15,  for  Terazzo  and  Mosaic 

Contracting 

Supplement,  No.  16,  for  Heating,  Piping,  and 

Air  Conditioning  Contractors' 

Construction  Machinery  Distributing  Trade 

Amendment,  No.  1 

Consumers',  Definition  of  Farmers'  and  —  Coop- 
eratives   ' 

Container,  Cigar  {see  also  Cigar  Container) 

Container,  Corrugated  and  Solid  Fiber  Shipping 
(see  also  Corrugated  and  Solid  Fiber  Shipping 

Container) 

Container,  Cylindrical  Liquid  Tight  Paper  (see  also 

Cylindrical  Liquid  Tight  Paper  Container) 

Container,  Glass  (see  also  Glass  Container) 

Container,  Open  Paper  Drinking  Cup  and  Round 
Nesting  Paper  Food  {see  also  Open  Paper  Drink- 
ing Cup  and  Round  Nesting  Paper  Food  Con- 
tainer)   

Continuance.      {See  Administration.) 
Contracting,  Electrical  (see  also  Construction  Sup- 
plement, No.  6) 

Contracting,  Plastering  and  Lathing  {see  also  Con- 
struction Supplement,  No.  14) 

Contracting,  Plumbing  (see  also  Construction  Sup- 
plement, No.  9) 


3- 

-  5- 

-34 

VII 

4- 

-13- 

-34 

IX 

5- 

-10- 

-34 

X 

8- 

-  3- 

-34 

XIV 

6- 

-  6- 

-34 

XI 

2- 

-17- 

-34 

VII 

2- 

-17- 

-34 

VII 

2- 

-17- 

-34 

VII 

2- 

-17- 

-34 

VII 

3- 

-12- 

-34 

VIII 

7- 

-10- 

-34 

XIII 

3- 

-21- 

-34 

VIII 

3- 

-21- 

-34 

VIII 

7- 

-19- 

-34 

XIII 

4- 

-  2- 

-34 

IX 

7- 

-12- 

-34 

XIII 

4- 

-19- 

-34 

IX 

7- 

-23- 

-34 

XIV 

4- 

-19- 

-34 

IX 

7- 

-23- 

-34 

XIV 

5- 

-10- 

-34 

X 

5- 

-15- 

-34 

X 

5- 

-29- 

-34 

XI 

5- 

-29- 

-34 

XI 

6- 

-  7- 

-34 

XI 

6- 

-  9-34 

XI 

6- 

-27- 

-34 

XII 

7- 

-13- 

-34 

XIII 

7- 

-25- 

-34 

XIV 

1- 

-23- 

-34 

V 

6- 

-23- 

-34 

XII 

5- 

-18- 

-34 

X 

11- 

-27- 

-33 

III 

2- 

-  1- 

-34 

VI 

2- 

-  1- 

-34 

VI 

10- 

-  3- 

-33 

I 

4-19-34 
6-27-34 
5-15-34 


3-26-34     VIII 


IX 

XII 

X 


626 


Code 
No. 


Industry 


Contracting,  Tile  {see  also  Construction  Supple- 
ment, No.  5) 

Contractors,  Cement  Gun  (see  also  Construction 
Supplement,  No.  4) 

Contractors,  General  (see  also  Construction  Sup- 
plement, No.  1) 

Contractors,    Insulation    (see    also    Construction 
Supplement,  No.  12) 

Contractors,  Mason  (see  also  Construction  Supple- 
ment, No.  7) 

Contractors'  Pump  (see  also  Machinerj^  and  Allied 

Products  Supplement,  No.  11) 

Contractors'   Pump  Subdivision.      {See  also  Ma- 
chinery and  Allied  Products.) 
Contracts,  Government  —  and  contracts  involving 
the  use  of  Government  Funds 

Administrative  or  Executive  Orders,  Exemp- 
tions for  those  not  covered  by  codes 

Agriculture,  Cooperative  agreements  with  the 
Department  of 

American  Crane  Company,  P^xception  for 

Canal  Zone,  Exempting  contracts  to  be  per- 
formed in 

Compliance  procedure,  Providing  price  toler- 
ance and 

Copper  and  Brass  Mill  Products,  Exception 
from 

Defaulted  contracts  are  to  be  remade  on 
original  terms 

Default,  Exempting  contracts  subsequent  to_. 

Detroit  Edison  Company  of  Detroit,  Michi- 
gan, with  the  U.S.S.  Dubuque,  Naval  Re- 
serve Armory,  and  U.S.  Naval  Reserve 
Aviation  Base,  Grosse  He,  Mich 

Foreign  Coiuitries,  Exempting  contracts  or 
leases  to  be  performed  in 

Foreign  origin.  Materials  and  articles  of 

Government  freight  or  personnel.  Exception 
for  movements  of 

Hay,  Exception  for  cutting  and  baling  of  — 
produced  on  the  reservations  at  Fort  Riley, 
Kansas,  Fort  Sill,  Oklahoma,  and  Fort 
Reno,  Oklahoma 

Immigration  and  Naturalization  Service,  Ex- 
ception for  contracts  negotiated  by  the  — , 
U.S.  Department  of  Labor ' 

Lease  of  Indianapolis,  Indiana,  stockyard 
space  upon  the  premises  of  the  Belt  Rail- 
road and  Stockyards  Company 

Lease  of  quarters  in  Terrc  Haute,  Indiana 

Leases  or  agreements  with  Yale  University 

Lease  of  space  in  the  Indianapolis,  Indiana, 
stockyards 

Lessor  for  quarters,  American  University 

Meridian  and  Bigbee  River  Railway  Com- 
panv,  Exception  extended  to  the  Trustee 

of.: 

Navy  Department  and  the  North  Shore  Gas 
Company  of  Chicago,  Illinois 

Petroleum  Industry,  Contracts  Between  the 
U.S.  Government  and 

Post  Office  Quarters,  Exception  for 


4-  2-34 
3-21-34 
2-17-34 
6-  7-34 
4-19-34 
6-  5-34 

3-14-34 

6-  9-34 

5-29-34 
5-16-34 

4-  6-34 

6-29-34 

3-29-34 

5-16-34 
4-11-34 

6-29-34 

4-11-34 
5-29-34 

5-15-34 

5-16-34 
5-15-34 


8-  2-34 
6-12-34 
6-13-34 

XIV 
XII 
XII 

7-17-34 
5-29-34 

XIII 
XI 

4-26-34 

IX 

6-29-34 

XII 

7-28-34 
4-19-34 

XIV 
IX 

IX 
VIII 
VII 
XI 
IX 
XI 

VIII 

XI 

XI 
X 

IX 

XII 

IX 

X 

IX 

XII 

IX 
XI 

X 
X 


X 


627 


Industry 


Contracts,  Government — Continued. 

Post  Office  Quarters,  Leases  for 

Public  utilities.  Contracts  for 

Reconstruction  Finance  Corporation,  Proj- 
ects of  the 

Retail  Rubber  Tire  and  Battery  Trade,  Modi- 
fying previous  Order  relevant  to 

San  Jose  Water  Works  of  San  Jose,  California, 

and  the  Naval  Reserve  Armory 

Services  and  Transportation,  Crowley  Launch 
and  Tugboat  Company,  Shipowners  and 
Merchants    Towboat    Company,  and  San 

Pedro  Tugboat  Company 

Services  for  $100  or  less 

Services  invited  prior  to  March  14,  1934 

Services,  Tug  boat  and  tow  boat  —  with  de- 
partments and  agencies  of  the  U.S.  Govern- 
ment  

Towing  of  Target  service  by  the  Shipowners 

and  Merchants  Towboat  Company 

United  States  Government  is  one  of  the  con- 
tracting parties,  Exempting  specified  situ- 
ations when 

Veterans'  Administration  Facility  with  the 
Florida    Power    and    Light    Company,    at 

Lake'  City,  Florida 

Convector,  Nonferrous  and  Steel  —  Manufactur- 
ing (Concealed  Radiator  Industry) 

Converting,  Cotton.      (.See  Cotton  Textile.) 
Convertors.     Transparent     Materials     {see     also 

Transparent  Materials  Convertors) 

Conveyor  and  Material  Preparation  Equipment 
Manufacturing  {see  also  Machinery  and  Allied 

Products  Supplement,  No.  22) 

Cooking  and  Heating  Appliance  Manufacturing _ . 
Cooler,  Kiln,  —  and  Dryer  Manufacturing  {see 
also   Machinery   and   Allied   Products   Supple- 
ment, No.  21)." 

Cooperatives: 

Defining  effect  of  Code  provisions  on  —  or- 
ganizations   

Effect  on  —  of  Codes  of  Fair  Competition  __ 

Farmers'  and  Consumers',  Definition  of 

Copper 

Copper  and  Brass  Mill  Products 

Contracts,  Exception  from  order  pertaining  to 
Government  —  and  contracts  involving  the 

use  of  government  funds 

Copperplate,  Steel  and  —  Engraving  and  Print- 
ing.    {See  Graphic  Arts.) 

Cordage  and  Twine 

Binder  Twine  Division 

Cordage  and  Wrapping  Twine  Division 

Binder    Twine     Manufacturers,    Exemption 

relevant  to  sales  below  price  lists  for  the-- 

Cordage  and  Twine,  temporarily  placed  under 

Cotton  Textile 

Modifying  Agreement  of  July  27,  1933 

Cordage,  Twine  and  —  Division.      {See  Wholesal- 
ing or  Distributing  Trade.) 
Cord,  Solid  Braided  {see  also  Solid  Braided  Cord) 
80835—33 35 


Date 

Volume 

6-  9-34 
8-  3-34 

XI 
XIV 

6-25-34 

XII 

7-16-34 

XIII 

6-29-34 

XII 

7-10-34 
6-11-34 
6-  9-34 

XIII 
XI 
XI 

7-18-34 

XIII 

7-10-34 

XIII 

4-11-34 

IX 

6-29-34 

XII 

2-10-34 

VI 

4-  4-34 

IX 

6-19-34 
1-30-34 

XII 
V 

6-12-34 

XII 

10-  3-33 
2-17-34 
5-18-34 
4-21-34 

11-  2-33 

I 

VII 

X 

IX 

II 

3-29-34 

IX 

2-21-34 
2-21-34 
2-21-34 

VII 
VII 
VII 

6^  5-34 

XI 

7-27-33 
10-20-33 

I 
II 

2-26-34 

VII 

Page 

823 
601 

662 

755 

684 


740 
826 

824 


759 
741 

913 

685 
341 

103 


445 
549 


431 


698 
705 
977 
379 
289 


884 


257 
271 
267 

812 

725 

695 


349 


628 


Code 
No. 


199 


245 

7 


361 

299 

404 
187 


118 


485 
433 


Industry 


Cork 

Cork  Bulletin  and  Display  Board  Manufac- 
turers Division 

Cork  Composition  and  Cork  Specialties  Man- 
ufacturers Division 

Cork  Floor  Tile  Manufacturers  Division 

Cork  Insulation  Manufacturers  Division 

Cork  Marine  Goods  Manufacturers  Division 

Cork  Stopper  Manufacturers  Division 

Amendment,  No.  1 

Corrugated  and  Solid  Fiber  Shipping  Container.. 

Corset  and  Brassiere 

Amendment,  No.  1 

Denial  of  application  for  exemption  by  Gem- 
Dandy  Garter  Co 

Corset,    Brassiere,    and    Allied    Trades    Fabrics 
Division.     {See    Cotton    Textile    Supplement, 
No.  1.) 
Cosmetic,   Perfume,    —  and  Other  Toilet  Prep- 
arations {see  also  Perfume,  Cosmetic  and  Other 

Toilet  Preparations) 

Costume,  Academic  {see  also  Academic  Costume) . 
Cotton,  All  —  Clothing  Linings  Division.      (*See 

Cotton  Textile  Supplement,  No.  1.) 
Cotton  Batting,  Drj'  Goods  {see  also  Dry  Goods 

Cotton  Batting) 

Cotton  Cloth  Glove  Manufacturing 

Amendment,  Nos.  1  and  2 

Amendment,  No.  3 

Staying,  Further  —  application  of  subsection 
(b).  Section  1,  Article  IV,  to  members  of 

the  —  in  the  South 

Stay   of   wage   provisions  for  the   Southern 

Section  under  the 

Wages,    Method   of   adjusting   employee  — 

above  the  minimum 

Cotton  Converting.      {See  Cotton  Textile.) 

Cotton  Garment 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 -- 

Amendment,  No.  4 

Determination    of    Northern    and    Southern 
Sections  as  to  the  operation  of  Section  G 

of  Article  IV 

Effective  date.  Extension  of  —  as  contained 

in  Amendment  Number  2 

Home-work  provision  of  Code,  Further  stay 

of 

Relief,  Temporary  —  under  Article  XI,  Sec- 
tion (b)  for  the  —  Industry 

Southern  Division,  Allocation  of  States  to  the 

—  under  the  —  Industry 

Stay  for  the  Dress  Manufacturing  Industry 

and  —  Industry 

Stay    of    application    of    determination    of 
Northern  and  Southern  Sections  as  to  the 

operation  of  Section  G  of  Article  IV 

Cotton  Ginning  Machinery  Manufacturing 

Cotton  Pickery 

Cotton    Rag  Trade   Division.     {See  Scrap  Iron, 
Non-ferrous  Scrap  Metals  and  Waste  Materials 
-    Trade.) 


Date 


1-12-34 

1-12-34 

1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
7-25-34 
2-  1-34 
8-14-33 
3-29-34 

9-18-33 


3-23-34 
2-19-34 


4-21-34 

12-30-33 

5-  5-34 

7-  9-34 


2-  6-34 


Volume 


V 


V 
V 
V 
V 
V 
XIV 
VI 

I 

IX 


12-30-33 

IV 

4-25-34 

IX 

11-17-33 

12-18-33 

3-10-34 

3-15-34 

3-22-34 

III 
IV 

VII 
VIII 
VIII 

3-13-34 

VIII 

3-30-34 

IX 

6-19-34 

XII 

1-27-34 

V 

12-30-33 

IV 

12-14-33 

IV 

3-16-34 
7-16-34 
5-17-34 

VIII 

XIII 

X 

VIII 
VII 


IX 

IV 

X 

XIII 


VI 


629 


Industry 


Cotton  Textile 

Amendment,  No.  A-1 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Amendment,  No.  5 

Amendment,  No.  6 

Amendment,  No.  7 

Amendment,  No.  8 

Amendment,  No.  9 

Carded  Yarn  Group,  Emergency  requirement 
as  to  further  limitation  of  hours  of  machine 

operation  in  —  of  the  —  Industry 

Carded  Yarn  Group,  Modification  of  emer- 
gency requirement  as  to  limitation  of  hours 
of  the  machine  operation  in  the  —  of  the  — 

Industry 

Combed  Sales  Yarn  Group,  Temporary  limi- 
tation of  hours  of  machine  operation  in 

the  —  of  the  —  Industry 

Combed  Thread  Producers  Group,  Tempo- 
rary limitation  of  machine  operation  of 
the  —  of  the  —  Industrj^  in  respect  of  the 

production  of  Combed  Yarn 

Cordage    and     Twine,     temporarily    placed 

under 

Cotton  Thread  Industry,  Temporary  placing 

under 

Exemption,   Denial  of  application  for  —  by 

Alabama  Mills  Company , 

Exemption,   Denial  of  application  for  —  by 

Crystal  Springs  Bleachers 

Exemption,   Denial  of  application  for  —  by 

Dwight  Manufacturing 

Exemption,     Denial    of    application    for  — 

from  —  Industry 

Fine  Goods  Group,  Further  limitation  of 
machine  operation  in  the  —  of  the  —  In- 
dustry  

Finishing  Branch,  Emergency  requirement 
as  to  further  limitation  of  hours  of  printing 
machine  operation  in  the  —  of  the  —  In- 
dustry   

Finishing  Branch,  Further  limitation  of  hours 
of  Printing  machine  Operation  in  the  —  of 

the  —  Industry 

Finishing  Branch,  Further  limitation  of  hours 
of  printing  machine  operation  in  the  —  of 

the  —  Industry 

Garment  Mfgr.,  temporarily  placed  under 

Hours,  Limitation  of  machine  —  for  the  — 

Industry 

Mercerizers  Group,  Temporary  limitation  of 
machine  operation  of  the  —  of  the  —  In- 
dustry   in    respect    of    the    production    of 

Combed  Yarn 

Pajama  Manufacturers,  Temporarily  placed 

under 

Productive  machinery.  Approving  exemption 
from  Order  curtailing  the  use  of  —  Knitters 
of  Underwear 


7-  9-33 

8-25-33 

11-  8-33 

12-27-33 

12-29-33 

2-21-34 

2-21-34 

7-  6-34 
7-10-34 
7-17-34 

8-  2-34 


12-15-33 

1-23-34 
1-10-34 

1-10-34 
7-27-33 
7-16-33 
8-  4-33 
8-  4-33 
8-  4-33 
12-  4-33 

1-29-34 

12-18-33 
1-23-34 


2-23-34 
7-2fr-33 


12-  2-33         IV 


1-10-34 
7-26-33 

6-22-34 


I 

IX 

II 

IV 

VI 

VII 

VII 

XIII 

XIII 

XIII 

XIV 


IV 

V 
V 

V 

I 
I 
I 
I 
I 
III 


IV 
V 


VII 

I 


V 

I 

XII 


1 

625 
677 
675 
583 
635 
637 
233 
261 
343 
267 


703 

783 
771 

772 
725 
21 
728 
726 
727 
661 

786. 

704 

781 


717 

722- 

693 


773 
72a 

658 


630 


Industry 


Cotton  Textile — Continued. 

Productive  machinery,  Exemption  from  limi- 
tation in  the  operation  of 

Productive  machinery,  Exemption  from  limi- 
tation in  the  operation  of 

Productive    machinery.    Limiting    hours    of 

operat  ion  of 

Productive    machinery,    Limiting    hours    of 

operation  of 

Productive   Machinerj-,   Partial  approval  of 

Order  curtailing 

Rayon  Weaving  Industry,  Temporary  placing 

under 

Reports,  Regulations  for  registration  of  ma- 
chinery and  filing  of  monthly  —  in  Finish- 
ing, Thread  Manufacturing  and  Yarn  Mer- 
cerizing Branches  of  the  —  Industry 

Rubber  Tire  Yarns,  Extension  of  stay  limiting 
Machine  Hours  in  the  —  Industry  as  apply- 
ing to 

Silk  Industry,  Temporary  placing  under 

Stay,  Disapproval  of  exception  and  termina- 
tion of  —  under  the  code  of  fair  competi- 
tion for  the  —  Industry 

Stay,  Extending  termination  date  of  —  limit- 
ing machine  hours  in  —  Industry 

Stay  of  code  provisions  as  to  productive  ma- 
chinery operation  for  the  —  Industry 

Supplement,  No.  1  for  Cotton  Converting 

All-Cotton  Clothing  Linings  Division 

Clothiers'  Linings  Division 

Corset,  Brassiere  and  Allied  Trades  Fab- 
rics Division 

Curtain  and  Drapery  Fabrics  Division  _. 

Interlinings  Division 

Shirtings  Division 

Wash  Goods  Division 

Throwing  Industry,  Temporary  placing  under 
Wide  Bed  Sheeting  Group,  Temporary  limi- 
tation  of  hours  of  machine  operation  in 

the  —  of  the  —  Industrv 

Cotton  Thread.      {See  Cotton  textile.) 
Cotton  Wrappings,  Milk  Filtering  Materials  and 
the    Dairy    Products    (see   also    Milk    Filtering 
Materials  and  the  Dairy  Products  Cotton  Wrap- 
pings)  

Cotton     Warps     Division.     (See    Wool     Textile 
Amendments,  No.  1.) 

Counter  Type  Ice-Cream  Freezer 

Coupon,  Ticket  and.      (See  also  Graphic  Arts.) 

Covered  Button 

Covered   Carpet   Padding   Division.     (See  Light 

Sewing  Industry  Except  Garments.) 
Covering,   Floor  —  Division.     (See  Wholesaling 

or  Distributing  Trade.) 
Cover  Manufacturing.      (See  Graphic  Arts.) 
Cover,  Mattress  —  Division  (see  also  Light  Sew- 
ing Industry  except  Garments.) 
Covers,  Ready-Made  Furniture  Slip  —  Manufac- 
turing (see  Ready-Made  Furniture  Slip  Covers 

Manufacturing) 

Crab,  Blue  (see  also  Fishery  Supplement,  No.  5) . 


Date 

Volume 

6-  5-34 

XI 

6-  8-34 

XI 

5-22-34 

X 

5-25-34 

X 

7-26-34 

XIV 

7-14-33 

I 

1-15-34 

V 

11-13-33 
7-15-33 

II 

I 

11-  6-33 

IV 

11-27-33 

III 

7-20-33 
1-24-34 
1-24-34 
1-24-34 

IV 
V 
V 
V 

1-24-34 
1-24-34 
1-24-34 
1-24-34 
1-24-34 
7-14-33 

V 
V 
V 
V 
V 

I 

1-23-34 

V 

4-19-34 

IX 

5-  5-34 

X 

3-16-34 

VIII 

2-16-34 
5-  5-34 

VI 
X 

631 


Industry 


Crane,  Electric  Overhead  • — -  Subdivision.  {See 
Machinery  and  AUied  Products  Amendment, 
No.  3.) 

Crane,  Shovel,  Dragline  and  {see  also  Shovel,  Drag- 
line and  Crane) 

Cream  Can,  Milk  and  Ice  —  Manufacturing  {see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  30) 

Cream  Cone,  Ice  {see  also  Ice  Cream  Cone) 

Creation  of  the  National  Recovery  Review  Board.. 

Cricket.     {See  Athletic  Goods  Manufacturing.) 

Crossarm  Division.  {See  Lumber  and  Timber 
Products  Amendment,  No.  14.) 

Crown  Manufacturing 

Crucible,  Plumbago  {see  also  Plumbago  Crucible) . . 

Crushed  Stone,  Sand  and  Gravel,  and  Slag  Indus- 
tries  

Cold    Laid    Bituminous    Concrete    Division, 

Approving 

Cost  Accounting,  Extending  time  to  file  a 
—  system  and  a  list  of  hazardous  occupa- 
tions   

Industrial  Sand  Division,  Administrative 
approval  of  —  of  the 

Crusher,  Rock  and  Ore  —  Subdivision.  {See 
Machinery  and  Allied  Products.) 

Crusher,  Rock  —  Manufacturing  {see  also  Rock 
Crusher  Manufacturing) 

Crushers,  Oyster  Shell  {see  also  Oyster  Shell 
Crushers) 

Cup,  Fluted  — ,  Pan  Liner  and  Lace  Paper  {see 
also  Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

Cup,  Open  Paper  Drinking  —  and  Round  Nesting 
Paper  Food  Container  {see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) 

Curled  Hair  Manufacturing  Industry  and  Horse 
Hair  Dressing 

Curtain  and  Drapery  Fabrics  Division.  {See 
Cotton  Textile  Supplement,  No.  L) 

Curtain,  Nottingham  Lace  {see  also  Nottingham 
Lace  Curtain) 

Curtain,  Novelty  —  Draperies,  Bedspreads,  and 
Novelty  Pillow  {see  also  Novelty  Curtain, 
Draperies,  Bedspreads,  and  Novelty  Pillow) 

Custom  Tailoring,  Merchant  and  {see  also  Mer- 
chant and  Custom  Tailoring) 

Cutlery,  Manicure  Implement  and  Painters  and 
Paperhangers  Tool  Manufacturing  and  As- 
sembling {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Cut  Tack,  Wire  Tack,  and  Small  Staple  Manu- 
facturing {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  40) 

Cutting  Die  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
35) 

Cutting,  Glassware  —  and  Decorating  Division. 
{See  American  Glassware.) 


Volume 


Page 


11-  8-33 


5-17-34 
6-  4-34 
3-  7-34 


11-  1-33 
10-23-33 

11-10-33 

4-  4-34 

4-12-34 
12-27-33 

11-  1-33 

6-  2-34 

2-17-34 

3-26-34 
5-14-34 

11-  1-33 

11-  1-33 
7-31-34 

3-26-34 

7-  6-34 
6-8  -34 


II 


XI 
XI 
VII 


II 
II 

II 

IX 

IX 
IV 

II 

XI 
VII 

VIII 
X 

II 
II 

XIV 


VIII 


XIII 


XI 


563 


481 
177 
709 


243 

67 

641 
891 

915 

707 

231 
125 
175 

567 
139 

253 

263 
47 

823 
495 
691 


632 


Industry 


Cutting,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop  (see 
also  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop  Cut- 
ting)  

Cycle  Jobbers  Division.  ^  (See  Wholesaling  or 
Distributing  Trade.) 

Cylinder  Mould  and  Dandy  Roll 

Amendment,  No.  1 

Hazardous  occupations.  Approving  a  list  of__ 

Cylindrical  Liquid  Tight  Paper  Container 

Cypress  Division.  {See  Lumber  and  Timber 
Products.) 

Daily  Newspaper  Publishing  and  Printing.  {See 
Graphic  Arts.) 

Daih'  Newspaper  Publishing  Business 

Amendment,  No.  1 

Newspaper     Industrial     Board,     Additional 

members  on  the 

Newspaper  Industrial  Board,  Cancelation  of 

Order  adding  two  members  to  the 

Stay  of  effective  date  for  certain  divisions 

Dairy  Products,  Milk  Filtering  Materials  and  the 
—  Cotton  Wrappings  {see  also  Milk  Filtering 
Materials  and  the  Dairy  Products  Cotton 
Wrappings) 

Dampproofing,  Waterproofing,  — •  Caulking  Com- 
pounds, and  Concrete  Floor  Treatments  Manu- 
facturing {see  also  Waterproofing,  Dampproofing 
Caulking  Compounds,  and  Concrete  Floor 
Treatments  Manufacturing) 

Date,  Imported  —  Packing  {see  also  Imported 
Date  Packing) 

Decalcomania  and  Transparency.  {See  Graphic 
Arts.) 

Decorating,  Glassware  Cutting  and  —  Division. 
{See  American  Glassware.) 

Decorative  Fabrics,  Upholstery  and  —  Division. 
{See  Wholesaling  or  Distributing  Trade.) 

Delegation  of  Authority.  (<S'ee  Administration  — 
Executive  Orders.) 

Delivery,  Banana  and  Dry  Cleaner  or  Garment  — 
Bag  Division.      {See  Paper  Bag  Manufacturing.) 

Dental  Goods  and  Ecjuipment  Industry  and 
Trade 

Dental,  Industrial,  Jewelers'  and  —  Brush  Manu- 
facturers' Division.  {See  Brush  Manufactur- 
ing.) 

Dental  Laboratory 

Devices,   Marking  {see   also   Marking    Devices) -_ 

Diamond  Core  Drill  Manufacturing  (.see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
9) 

Die  Casting  Manufacturing 

Die,  Cutting  —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
35) - 

Die,  Metal  Hat  —  and  Wood  Hat  Block  (see  also 
Metal  Hat  Die  and  Wood  Hat  Block) 

Diesel  Engine  Manufacturing  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  40) 


2-  2-34 


3-23-34 
7-20-34 
8-  1-34 
2-  1-34 


2-17-34 
2-24-34 

5-28-34 

7-25-34 
2-26-34 


4-19-34 

11-27-33 
7-22-34 


VI 


VIII 

XIII 

XIV 

VI 


VII 

VII 

XI 

XIV 
IX 


IX 

III 

XIII 


7-13-34 

XIII 

99 

1-22-34 
10-20-33 

V 
II 

283 
13 

5-31-34 
3-  8-34 

XI 
VII 

597 

527 

6-  8-34 

XI 

691 

1-23-34 

V 

347 

8-  1-34 

XIV 

493 

133 


397 

429 

590 

83 


69 
639 

796 

567 

883 


307 

497 
217 


633 


Industry 


Volume 


Die,  Special  Tool  —  and  Machine  Shop  {see  also 
Special  Tool  Die  and  Machine  Shop) 

Die,  Wire,  Rod  and  Tube  (see  also  Wire,  Rod  and 
Tube  Die) 

Dioxide,  Carbon  (see  also  Chemical  Manufactur- 
ing Supplement,  No.  2) 

Disc,  Paper  —  Milk  Bottle  Cap  (see  also  Paper 
Disc  Milk  Bottle  Cap) 

Dish,  Food  —  and  Pulp  and  Paper  Plate  (see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Disinfectant,  Insecticide  and  - —  Manufacturing 
(see  also  Insecticide  and  Disinfectant  Manufac- 
turing)   

Dismissal,  Prohibiting  —  of  employees  for  report- 
ing alleged  violation  of  approved  Codes  of  Fair 
Competition 

Dispensing,  Beverage  —  Equipment  (see  also  Bev- 
erage Dispensing  Equipment) 

Display,  Advertising  —  Installation  (see  also  Ad- 
vertising Display  Installation) 

Display,  Advertising  Metal  Sign  and  —  Manu- 
facturing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  17) 

Display  Board,  Cork  Bulletin  and  —  Manufac- 
turers Division.      {See  Cork.) 

Distillation,  Hardwood  (see  also  Hardwood  Dis- 
tillation)   

Distilled  Spirits  (Labor  Provisions) 

Distilled  Spirits  Rectifying 

Distributing,  Advertising  —  Trade  (see  also  Ad- 
vertising, Distributing  Trade)-- 

Distributing,  Athletic  Goods  — •  Trade  {see  also 
Wholesaling  of  Distributing  Trade  Supplement, 
No.  13) 

Distributing,  Construction  Machinery  —  Trade 
(see  also  Construction  Machinery  Distributing 
Trade) 

Distributing,  Fur  Wholesaling  and  —  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  11) 

Distributing,  Paper  —  Trade  (see  also  Paper  Dis- 
tributing Trade) 

Distributing,  Roofing  Granule  Manufacturing  and 
(see  also  Roofing  Granule  Manufacturing  and 
Distributing) 

Distributing,  Sheet  Metal  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  16) 

Distributing,  Used  Textile  Machinery  and  Ac- 
cessories —  Trade  (see  also  Used  Textile  Ma- 
chinery  and   Accessories  Distributing  Trade)-. 

Distributing,  Wholesaling  or  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade) 

Distributing,  Woolens  and  Trimmings  —  Trade 
{see  also  Wholesaling  or  Distributing  Trade 
Supplement,  No.  14) 

Distribution,  Industry  of  Collective  Manufactur- 
ing for  Door-To-Door  {see  also  Industry  of 
Collective  Manufacturing  for  Door-To-Door 
Distribution) 


11-17-33 

III 

2-  1-34 

VI 

5-  4-34 

X 

2-  1-34 

VI 

2-  1-34 

VI 

4-  6-34 


IX 


5-15-34 

X 

3-16-34 

VIII 

1-30-34 

V 

4-20-34 

IX 

11-10-33 
3-21-34 
5-  3-34 

II 

VIII 
IX 

2-17-34 

VII 

7-17-34 

XIII 

1-23-34 

V 

6-  9-34 

XI 

12-23-33 

IV 

3-31-34 

IX 

7-27-34 

XIV 

4-  4-34 

IX 

1-12-34 

V 

7-23-34 

XIV 

8-  3-34 

XIV 

634 


Industry 


Distributors,  Industrial  Supplies  and  Machinery 
—  Trade  {see  also  Industrial  Supplies  and 
Machinery  Distributors  Trade) 

Distributors,  Tire  Manufacturers  and  — ,  Agree- 
ment among 

Dock,  Coal  {see  also  Coal  Dock) 

Documents,  Certification  and  Exemplification 
of  — ,  Rules  and  Regulations  governing 

Documents,  prescribing  rules  for  certification 
of 

Dog  and  Long  Haired  Fur  Dyers  Division.  {See 
Fur  Dressing  and  Fur  Dyeing.) 

Dog  Food 

Dolomite  Division.  {See  Lime  Industry  Amend- 
ment, No.  1.) 

Domestic  Freight  Forwarding 

Door,  Cold  Storage  —  Manufacturing  {see  also 
Cold  Storage  Door  Manufacturing) 

Door,  Rolling  Steel  {see  also  Rolling  Steel  Door).. 

Door,  Shower  {see  also  Shower  Door) 

Door-To-Door,  Industry  of  Collective  Manufac- 
turing for  —  Distribution  {see  also  Industry  of 
Collective  Manufacturing  for  Door-To-Door 
Distribution) 

Dowel  Pin  Manufacturing 

Dragline,  Shovel,  —  and  Crane  {see  also  Shovel, 
Dragline  and  Crane) 

Dramatic,  Legitimate  Full  Length  —  and  Musi- 
cal Theatrical  {see  also  Legitimate  Full  Length 
Dramatic  and  Muscial  Theatrical) 

Draperies,  Novelty  Curtain  —  Bedspreads  and 
Novelty  Pillow  {see  also  Novelty  Curtain, 
Draperies  Bedspreads  and  Novelty  Pillow) 

Drapery  and  Carpet  Hardware  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  22) 

Drapery  and  Upholstery  Trimming 

Amendment,  No.   1 

Extension  of  the  Code  for  a  period    of    three 

months 

Home  work.  Extension  of  time  permitting 

Drapery,  Curtain  and  —  Fabrics  Division.  {See 
Cotton  Textile  Supplement,  No.  1.) 

Drapery,  Upholstery  and  — ■  Textile  {see  also  Up- 
holstery and  Drapery  Textile) » 

Dressings,  Surgical  {see  also  Surgical  Dressings)... 

Dress  Manufacturing 

Amendment,  No.  1 

Definition  of  areas,  hours  and  wages  for  the 

—  Industry 

Sta\-  for  the  —  Industry  and  Cotton  Gar- 
ment Industry 

Wage  Differentials,  Extension  of  time  to  re- 
port on 

Dress,  Millinery  and  —  Trimming  Braid  and 
Textile  {see  also  Millinery  and  Dress  Trimming 
Braid  and  Textile) 

Drill,  Diamond  Core  —  Manufacturing  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  9) 3 

Drink,  Bottled  Soft  {see  also  Bottled  Soft  Drink) . . 


Date 

Volume 

10-23-33 

II 

4-19-34 
3-16-34 

IX 
VIII 

4-11-34 

IX 

11-18-33 

III 

5-31-34 

XI 

12-18-33 

IV 

7-11-34 

12-21-33 

5-19-34 

XIII 

IV 

X 

8-  3-34 
5-22-34 

XIV 
X 

11-  8-33 

II 

8-16-33 

I 

11-  1-33 

II 

5-  9-34 
1-16-34 
7-17-34 

X 

V 
XIII 

7-23-34 
4-25-34 

XIV 
IX 

11-27-33 
1-27-34 

10-31-33 
4-10-34 

III 

V 

II 

IX 

12-14-33 

IV 

12-14-33 

IV 

7-  9-34 

XIII 

10-21-33 

II 

5-31-34 
6-  7-34 

XI 
XI 

635 


Code 
No. 

Industry 

Date 

Volume 

Page 

331 

Drinking,  Bulk  Drinking  Straw,  Wrapped — Straw, 
Wrapped   Toothpick,  and  Wrapped   Manicure 
Stick  {see  also  Bulk  Drinking  Straw,  Wrapped 
Drinking    Straw,     Wrapped     Toothpick,     and 
Wrapped  Manicure  Stick) 

Drive,   Multiple  V-Belt  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  30) 

Drop-forged    Wrenches    (Alloy)     Division.     {See 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing   and    Metal   Coating   Supple- 
ment, No.  15.) 
Drop  Forging                             _   __    _ 

3-14-34 
7-13-34 

5-10-34 
8-  1-34 

10-21-33 

5-16-34 
12-15-33 

10-  3-33 
4-25-34 

6-12-34 
4-21-34 

5-14-34 

11-  8-33 

12-21-33 
7-22-33 
3-  8-34 
3-  8-34 
3-  8-34 
3-  8-34 

3-23-34 

2-17-34 

4-19-34 
8-  4-33 

4-21-34 
6-  9-34 

6-27-34 

VIII 
XIII 

X 
XIV 

II 

X 

IV 

I 

IX 

XII 
IX 

X 

II 

IV 

I 

VII 
VII 
VII 
VII 

VIII 
VII 

IX 

I 

IX 
XI 

XII 

13 

605 

85 

Amendment,  No.  1                     _ 

241 

60 

Drug,    Retail   —    Trade    {see   also    Retail    Drug 
Trade)                                                                

27 

Drug  store.  Stay.     {See  Retail  Trade.) 
Drum,  Standard  Steel  Barrel  and  —  Manufac- 
turing   {see    also    Fabricated    Metal    Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  26)    -               _   _    _ 

921 

159 
34 

Dry  and  Polishing  Mop  Manufacturing 

Dry,  Banana  and  —  Cleaner  or  Garment  Delivery 
Bag   Division.     {See   Paper   Bag   Manufactur- 
ing.) 
Dry  Cleaning,  Laundry  and  —  Machinery  Manu- 
facturing {see  also  Laundry  and  Dry  Cleaning 
Machinerv  Manufacturing) __        . 

141 
437 

407 

Drv  Color 

481 

Dryer,  Kiln,  Cooler  and  —  Manufacturing  {see  also 
Machinery   and   Allied   Products   Supplement, 
No.  21)                                               -- - 

431 

404 

Drv  Goods  Cotton  Batting 

441 

Drv  Goods,  Wholesale  —  Trade  {see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 

8)                                                _                  .      -      .-_ 

885 

101 

Dry  Ground  Mica  Division.     {See  Mica.) 

Dry  Transfer  Manufacturers.    (See  Graphic  Arts.) 

Dyeing,  Cleaning  and  —  Trade  {see  also  Cleaning 

547 

172 

Dyeing,  Rayon  and  Silk  —  and  Printing  {see  also 
Ravon  and  Silk  Dveing  and  Printing)    __ 

311 

Temporarv  Code  Approved 

718 

3?^ 

Earthenware  Manufacturing 

513 

Clav  Flower  Pot  Division 

518 

Earthenware  Division 

513 

Stoneware  Division 

513 

356 

Earth,  Fuller's  —  Producing  and  Marketing  {see 
also    Fuller's    Earth    Producing   and    Market- 
ing)             _            .        __.          .            _    

377 

Effect  on  Cooperatives  of  Codes  of  Fair  Compe- 
tition   

705 

Elastic,  Woven  —  Division.     {See  Narrow  Fab- 
rics.) 

Electrical    Contracting     {see    also    Construction 
Supplement,  No.  6)                _ 

849 

4 

Electrical  Manufacturing 

43 

Signaling      Apparatus      Subdivision,      Stay 
granted  to  the                                          

927 

Supplement,  No.  1,  for  Refrigeration 

Supplement,    No.    2,    for    Portable    Electric 
Lamp  and  Shade 

715 
501 

636 


Industry 


Electrical  Manufacturing — Continued. 

Wire     and     Cable     Subdivision,     Granting 
exemption  to  the 

Wire  and  Cable  Subdivision,  Granting  per- 
manent stay  of  certain  provisions  to  the 

Electrical,  Structural  and  —  Division.    {See  Slate.) 

Electrical  Supplies  Division.  (See  Wholesaling  or 
Distributing  Trade,  Supplement,  No.  20.) 

Electric  Hoist  and  Monorail  Manufacturing 

Electric  Industrial  Truck  Mamifacturing  (see 
alao  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  4) 

Electric  Lamp,  Portable  —  and  Shade  [see  also 
Electrical  Manufacturing  Supi)lement,  No.  2)_- 

Electric  Overhead  Crane  Sutxlivision.  (See  Ma- 
chinery and  Allied  Products  Amendment,  No.  3.) 

Electric  Storage  and  Wet  Primary  Battery 

Amendment,  No.  1 

Electrotyping  and  Stereotyping 

Amendment,  No.  1 

Continuing  in  effect  as  a  separate  code 

Elevator,  Lift  Truck  and  Portable  —  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  36) 

Elevator  Manufacturing  (see  also  Construction 
Supplement,  No.  3) 

Emblems.  (See  Administration  —  Athletic  Goods 
Manufacturing.) 

Embroidery  and  Lace  Division.  (See  Wholesal- 
ing or  Distributing  Trade.) 

Embroidery,  Pleating,  Stitching  and  Bonnaz  and 
Hand  (see  also  Pleating,  Stitching  and  Bonnaz 
and  Hand  Embroidery) 

Embroidery,  Schiflli,  the  Hand  Machine  —  and 
the  Embroidery  Thread  and  Scallop  Cutting 
(see  also  Schiffli,  the  Hand  Machine  Embroidery 
andtheEmbriodery  Thread  and  Scallop  Cutting). 

Emergency,  Industrial  • —  Committee,  Creation 
of  (see  also  Industrial  Emergency  Committee)  __ 

Empty  Picture  Frame  Division.  (See  Picture 
Moulding  and  Picture  Frame.) 

Enameled  Cast  Iron  Plumbing  Fi.xtures  Division. 
(See  Plumbing  Fi.xtures.) 

Enameled  Ware,  Vitreous  —  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  43) 

Enameling,  Porcelain  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  13) 

End  Grain  Strip  Wood  Block 

Enforcement  of  Section  7  (a)  of  the  National  In- 
dustrial Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National  In- 
dustrial Recovery  Act 

Engine,  Diesel  —  Manufacturing  (see  also  Ma- 
chinerv  and  Allied  Products  Supplement 
No.  40) 

Engineering,  Chemical  —  Equipment  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  23) . 


Date 

Volume 

3-13-34 

VIII 

4-  9-34 

IX 

7-13-34 

XIII 

1-31-34 

V 

6-27-34 

XII 

10-  3-33 
7-27-34 

12-23-33 
2-17-34 
4-21-34 

I 

XIV 

IV 

VII 

IX 

6-23-34 

XII 

3-21-34 

VIII 

2-10-34 

VI 

2-  2-34 

VI 

6-30-34 

XII 

7-22-34 

XIII 

3-31-34 
12-30-33 

IX 
IV 

2-  1-34 

VI 

2-23-34 

VII 

8-  1-34 

XIV 

7-  5-34 

XII 

867 
908- 

115 

751 
501 


499 
147 
415 
623 
928 


461 
803. 


403 

133 
621 


709 

749 
511 

652 

708 

493 

573 


637 


Industry 


Engineering,  Chemical  —  Equipment  Subdivision. 
(See  Machinery  and  Allied  Products  Amend- 
ment, No.  3.) 

Engine,  Hoisting  —  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
19) 

Engine,  Steam  — :  Manufacturing  (.see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
16).._: 

Engraving,  Photo  (see  also  Photo  Engraving) 

Engraving,  Steel  and  Copperplate  —  and  Printing. 
{See  Graphic  Arts.) 

Engraving,  Textile  Print  Roller  (see  also  Textile 
Print  Roller  Engraving) 

Envelope 

Envelope,  Church  —  System.  (»See  Graphic 
Arts.) 

Envelope  Machine  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
31)...: .---- 

Envelope,  Transparent  Bag  and  —  Division. 
{See  Transparent  Materials  Converters.) 

Equipment,  Artistic  Lighting  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  37) 

Equipment,  Automotive  Parts  and  —  Manufac- 
turing (see  also  Automotive  Parts  and  Equip- 
ment Manufacturing) - 

Equipment,  Bakery  —  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  29)_-l 

Equipment,  Beater  and  Jordan  and  Allied  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  7) 

Equipment,  Beauty  and  Barber  —  and  Supplies 
Trade  (see  also"^  Wholesaling  or  Distributing 
Trade  Supplement,  No.  4) 

Equipment,  Beauty  and  Barber  Shop  Mechanical 

—  Manufacturing  (see  also  Beauty  and  Barber 
Shop  Mechanical  Equipment  Manufacturing)  .. 

Equipment,  Beverage  Dispensing  (see  also  Bever- 
age Dispensing  Equipment) 

Equipment,  Business  Furniture,  Storage  —  and 
Filing  Supply  (see  also  Business  Furniture,  Stor- 
age Equipment  and  Filing  Supply) 

Equipment,  Bottling  Machinery  and  —  Manufac- 
turing (see  also  Bottling  Machinery  and  Equip- 
ment Manufacturing) 

Equipment,  Chemical  ICngineering  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
23) 

Equipment,  Chemical  Engineering  —  Subdivi- 
sion. (*See  Machinery  and  Allied  Products 
Amendment,  No.  3.) 

Equipment,  Conveyor  and  Material  Preparation 

—  Manufacturing    (see    also    Machinery    and 
Allied  Products  Supplement,  No.  22) 

Equipment,  Dental  Goods  and  • —  Industry  and 
Trade  (see  also  Dental  Goods  and  Equipment 
Industry  and  Trade) 


Date 

Volume 

6-12-34 

XII 

6-11-34 
12-23-33 

XI 
IV 

3-  8-34 
1-23-34 

VII 
V 

7-20-34 

XIII 

6-28-34 

XII 

11-  8-33 

II 

7-13-34 

XIII 

5-14-34 

X 

4-  4^34 

IX 

2-16-34 

VI 

3-16-34 

VIII 

11-  4-33 

II 

4-  4-34 

IX 

7-  5-34 

XII 

6-19-34 

XII 

7-13-34 

XIII 

417 


747 
429 


539 
331 


659 

509 
599 
595 

871 

803 

569 
59 

383 

71 

573 

445 
99 


638 


Industry 


Equipment,  Fabric  Auto  —  Division.  (See 
Light  Sewing  Industry  Except  Garments.) 

Equipment,  Farm  (see  also  Farm  Equipment) 

Equipment,  Foundry  (see  also  Foundry  Equip- 
ment)   

Equipment,  Industrial  Oil  Burning  —  Manu- 
facturing (see  also  Industrial  Oil  Burning 
Equipment  Manufacturing) 

Equipment,  Industrial  Safety  —  Industry  and 
Industrial  Safety  Equipment  Trade  (see  also 
Industrial  Safety  Equipment  Industry  and 
Industrial  Safety  Equipment  Trade) 

Equipment,  Machine  Tool  and  —  Distributing 
Trade  (see  also  Machine  Tool  and  Equipment 
Dist ril:)uting  Trade) 

Equipment,  Office  —  Manufacturing  (see  also 
Office  Equipment  Manufacturing) 

Equipment,  Painters  and  Paiierhangers  Tool  — 
Section.  {See  Cutlery,  Manicure  Implement 
and  Painters  and  Paperhangers  Tool  Manu- 
facturing and  Assembling  Supplement). 

Equipment,  Petroleum  —  Industry  and  Trade 
(American)  (see  also  Petroleum  Equipment 
Industry  and  Trade  (American)) 

Equipment,  Printing  —  Industry  and  Trade, 
(see  also  Printing  Equipment  Industry  and 
Trade) 

Equipment,  Prison  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  39) 

Equipment,  Railroad  Special  Track  —  Manu- 
facturing (see  also  Railroad  Special  Track 
Equipment  Maniifacturing) 

Ec|uii)ment,  Pulverizing  Machinery  and  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  15)__'_ 

Equipment,  Retail  Farm  —  Trade  (see  also  Re- 
tail Farm  Equipment  Trade) 

Equipment,  RoUing  Mill  Machinery  and  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  14) .  r 

Equipment,  School  Supplies  and  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  12) - 

Equipment,  Spray  Painting  and  Finishing  — 
Manufacturing  (see  also  Spray  Painting  and 
Finishing  Ecjuipment  Manufacturing) 

Equij^mcnt,  Steam  Heating  (see  also  Steam  Heat- 
ing E(iuipment) 

Equijjment,  Stone  Finishing  Machinery  and  (see 
also  Stone  Finishing  Machinery  and  Equipment) 

Equipment,  Waterpower  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  13) 

Establishment  and  use  of  Official  N.R.A.  Bulletin 
Board 

Establishment  of  Trade  Zones.      (See  Fertilizer.) 

Etching,  Metal  (see  also  Metal  Etching) 

Excelsior  and  Excelsior  Products 

Production  control,  Extension  of  the  pro- 
visions for 

Exchange,  Stock  —  Firms  (see  also  Stock  Ex- 
change Firms) 


Date 

Volume 

10-  3-33 

I 

2-  6-34 

VI 

7-30-34 

XIV 

3-  1-34 

VII 

11-27-33 

III 

11-  4-33 

II 

11-  2-33 

II 

2-  2-34 

VI 

7-  5-34 

XII 

4-  6-34 

IX 

6-  9-34 

XI 

1-  6-34 

V 

6-  7-34 

XI 

7-  5-34 

XII 

4-19-34 

IX 

2-12-34 

VI 

12-15-33 

IV 

6-  7-34 

XI 

1-  6-34 

V 

6-  4-34 
12-  7-33 

XI 

III 

7-  2-34 

XII 

11-  4-33 

II 

639 


Code; 

No. 


Industry 


Executive  orders: 

Administration,  Providing  for  notice  of  pro- 
ceedings and  matters  in  the  —  of  the 
National  Industrial  Recovery  Act 

Administrator,  Appointment  of  —  and  Special 
Industrial  Recovery  Board 

Administrator,  Delegating  further  functions 
and  powers  to  the  —  for  Industrial  Re- 
covery   

Artificial  Flower  and  Feather,  Denial  of  ap- 
plication of  Kaplan  Brothers  for  exemption 
from  —  Industry 

Baking  Industry,  Staying  effective  date  and 
increasing  time  for  the  Code  Authority  to 
file  reports 

Bribery,  Commercial  —  provisions  to  be  in- 
cluded in  codes  heretofore  approved 

Central  Statistical  Board,  Appointment  of 

Central  Statistical  Board,  Enumeration  of 
function 

Central  Statistical  Board,  Providing  Addi- 
tional funds 

Certification,  Prescribing  Rules  for  - — ■  of 
Documents 

Coat  and  Suit,  Denial  of  application  of  Asso- 
ciated Cloak  and  Suit  Manufacturers  of 
Portland,  Oreg.,  for  exemptions  from  the 
—  Industry 

Coat  and  Suit,  Denial  of  application  of  Con- 
necticut Garment  Manufacturers  Associa- 
tion for  exemptions  from  the  —  Industry.  _ 

Code  Administration,  Making  provisions  for 
a  clause  in  codes  of  fair  competition  relating 
to  collection  of  expense 

Code  authority,  Appointment  of  Hugh  A. 
Johnson  to  serve  temporarily  as  member  of 
each 

Codes  of  Fair  Competition,  Prohibiting  dis- 
missal of  employees  for  reporting  alleged 
violations 

Construction,  Appointing  Chairman  for  Plan- 
ning and  Adjustment  Board  for  the 

Contractors,  Compliance  by  Government  — 
with  approved  codes  of  fair  competition 

Contracts,  Govermnent  —  and  Contracts  in- 
volving the  use  of  Government  Funds 

Cooperative  organizations.  Defining  effect  of 
certain  provisions  in  the  Codes  of  Fair  Com- 
petition upon 

Cooperatives,  Effect  on  —  of  Codes  of  Fair 
Competition 

Corsets  and  Brassiere,  Denial  of  application  of 
Gem-Dandy  Garter  Co.  for  exemptions 
from  the  —  Industry 

Cotton  Textile,  Cordage  and  Twine  Industry 
temporarily  placed  under  the  —  Industry.  _ 

Cotton  Textile,  Denial  of  application  by  — 
Industry  for  further  exemption  from  "  Ma- 
chine Hours"  on  tire  yarns  and  fabrics 

Cotton  Textile,  Denial  of  application  of  Ala- 
bama Mills  Co.  for  exemptions  from  the  — 
Industry 

Cotton  Textile,  Denial  of  application  of  Crys- 
tal Springs  Bleachery  for  exemptions  from 
the  —  Industry 


Date 

Volume 

12-21-33 

IV 

6-16-33 

I 

12-30-33 

IV 

11-  4-33 

II 

6-16-34 

XII 

11-27-33 
7-27-33 

III 
I 

5-  4-34 

X 

5-25-34 

X 

11-18-33 

III 

10-11-33 

I 

9-  7-33 

I 

4-14-34 

IX 

9-29-33 

I 

5-15-34 

X 

6-  6-34 

XI 

8-10-33 

I 

3-14-34 

VIII 

10-23-33 

II 

2-17-34 

VII 

9-18-33 

I 

7-27-33 

I 

11-  6-33 

II 

8-  4-33 

I 

8-  4-33 

I 

640 


Code 
No. 


Industry 


Executive  orders — Continued. 

Cotton  Textile,  Denial  of  application  of 
Dwight  Manufacturing  Co.  for  exemptions 
from  the  —  Industry 

Cotton  Textile,  Denial  of  applications  for  ex- 
emptions from  —  Industry 

Cotton  Textile,  Disapproval  of  exception  and 
termination  of  stay  under  the  code  of  fair 
competition  for  the  —  Industry 

Cotton  Textile,  Extending  termination  date 
of  stay  limiting  machine  hours  in  —  Indus- 
try  

Cotton  Textile,  Extension  of  stay  limiting 
machine  hours  in  —  Industry  applying  to 
rubber-tire  yarns 

Cotton  Textile,  Modification  of  Executive 
Order  of  July  27,  1933,  placing  the  Cord- 
age and  Twine  Industry  temporarily 
under  —  Industry 

Cotton  Textile,  National  Council  of  Pajama 
Manufacturers  temporarily  placed  under 
the  —  Industry 

Delegation  of  Authority,  Rules  and  Regula- 
tions under  Section  10  (a)  and  —  under 
Section  2  (b)  of  the  National  Industrial 
Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Garment  Manufacturers,  International  Asso- 
ciation of  —  temporarily  placed  under 
Cotton  Textile  Industry 

Government  contracts  and  contracts  involv- 
ing the  use  of  Government  funds,  Provid- 
ing price  tolerance  and  compliance  proce- 
dure  

Hearings,  Authorization  of  Administrator  to 
appoint  personnel,  fix  compensations,  and 
conduct 

Homeworkers,  Application  of  Labor  Pro- 
visions of  Codes  to 

Hosiery  manufacturers.  Temporary  approval 
given  to  certain  provisions  of  a  code  of  fair 
competition  to  be  submitted  by  national 
association  of 

Industrial  Emergency  Committee,  Creation 
of 

Labor  provisions,  Application  of  —  of  Codes 
of  Fair  Competition  affecting  apprentice 
training 

Labor  Provisions,  Prescribing  Rules  and 
Regulations  for  the  Interpretation  and  Ap- 
plication of  Certain  —  of  Codes  of  Fair 
Competition  as  they  may  affect  Handicap- 
ped Workers 

Lumber  and  Timber  Products,  Denial  of  ap- 
plication of  Greensboro  Lumber  Company 
for  exemptions  from  the  —  Industry ^ . 

Modify  Agreements,  Authorizing  Administra- 
tor to  —  entered  into  or  approved  by  the 
President  under  Title  I  of  the  National  In- 
dustrial Recovery  Act 


Date 

Volume 

8-  4-33 

I 

12-  4-33 

III 

11-  6-33 

IV 

11-27-33 

III 

11-13-33 

III 

10-20-33 

II 

7-26-33 

I 

10-1^33 

VI 

2-  1-34 

VI 

2-23-34 

VII 

7-26-33 

I 

6-29-34 

XII 

7-15-33 

V 

5-15-34 

X 

7-26-33 

I 

6-30-34 

XII 

6-27-34 

XII 

2-17-34 

VII 

10-20-33 

II 

11-22-33 

III 

Page 

727 
661 

685 

658 

655 

695 
723 

646 
652 
708 

722 

616 

763 
950 

719 
621 

613 

706 
696 


641 


Code 
No. 


Industry 


Executive  orders — Continued. 

National  Industrial  Recovery,  Expenditures 
out  of  allocations  from  the  appropriation 
for 

National  Labor  Board,  Continuance  of  the  — , 
Etc 

National  Labor  Relations  Board,  Creation  of- . 

National  Recovery  Review  Board,  Abolition 
of 

Petroleum,  Administration  of  the  —  Industry 
given  to  Secretary  of  the  Interior 

Petroleum,  Prohibition  of  transportation  in 
interstate  and  foreign  commerce  of  —  and 
the  products  thereof  unlawfully  produced  or 
withdrawn  from  storage 

Petroleum,  Prohibition  of  transportation  in 
interstate  and  foreign  commerce  of  —  and 
the  products  thereof  unlawfully  produced 
or  withdrawn  from  storage  with  authoriza- 
tion  

President's  Reemployment  Agreement,  Ex- 
ception for  retail  and  service  trades  in 
towns  of  less  than  2,500  population 

President's  Reemployment  Agreement,  Ex- 
tension of  the 

Reemployment  Agreement,  Exemption  from 
the  President's  —  of  employers  in  towns 
of  less  than  2,500  population 

Reemployment  Agreement,  Modification  of 
President's 

Retail  Trade,  Extension  of  effective  date  of 
Code  of  Fair  Competition  for  the 

Review  Board,  Creation  of  the  National  Re- 
covery  

Review  Board,  Funds  for  the  National  Re- 
covery   

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  power 
for  joint  code  approval,  etc 

Secretary  of  Agriculture,  Amendment  of 
Executive  Orders  which  Delegated  to  the  — 
Certain  Authority  under  the  National  In- 
dustrial Recovery  Act 

Secretary  of  Agriculture,  Amendment  of 
Executive  Orders  which  Delegated  to  the 
—  certain  Authority  under  the  National 
Industrial  Recovery  Act 

Secretary'  of  Agriculture,  Continuing  in  effect 
the  Authority  Delegated  to  the  —  by  Ex- 
ecutive Order  No.  6182 

Secretary  of  Agriculture,  Delegation  of  cer- 
tain functions  and  powers  to 

Secretary  of  the  Interior,  Delegation  of 
authority  under  section  9  of  the  National 
Industrial  Recovery  Act 

Service  Trades  or  Industries,  Local  Codes  for 
uncodified 

Service  Trades  or  Industries,  Partial  Suspen- 
sion of  Codes  for 

Silk  and  Rayon  D3'eiug  and  Printing  Indus- 
try, Temporary  approval  given  to  certain 
section  of  a  submitted  code  of  fair  competi- 
tion for  the  —  Industry 


Date 


3-27-34 

12-16-33 
6-29-34 

6-30-34 

8-29-33 


7-11-33 

7-14-33 

5-15-34 
4-14-34 

10-23-33 

10-11-33 

11-27-33 

3-  7-34 

3-  9-34 

6-29-34 
1-  8-34 

1-20-34 

7-21-33 
6-26-33 

6-30-34 
6-28-34 
5-26-34 

7-22-33 


Volume 


VIII 

VI 
XII 

XII 

I 


X 
IX 

II 

I 

III 

VII 
VII 

XII 

VI 

VI 
VI 

I 

XII 

XII 

X 


863 

648 
617 

622 

730 


713 

714 

952 
881 

669 
734 
660 
709 
710 

620 
649 

647 

645 
712 

623 
615 
954 


I  718 


642 


Industry 


Executive  orders — Continued. 

Special  Adviser  on  Foreign  Trade,  Establish- 
ing the  office  of 

Statistical,  Providing  for  Submission  of  — 
Information  by  Persons  subject  to  Codes 

of  Fair  Competition 

Stay,  Authority  granted  to  Administrator  to 
—  application  of  codes  within  10  days  after 

effective  date 

Tariff  relief.  Procedure  to  be  followed  for  — 
under  Section  3  (e)  of  the  National  Indus- 
trial Recovery  Act 

Territories,     Delegating    authority     to     the 

Administrator  to  enter  into  agreements  for 

Textile  Finishing  Industry  temporarily  placed 

under  Cotton  Textile  Industry 

Tire  Manufacturers  and  Distributors,  Agree- 
ment among 

Underwear  and  Allied  Products  Industry 
temporarily  placed  under  Cotton  Textile 

Industry 

Underwear  and  Allied  Products  Manufactur- 
ing, Extension  of  stay  for  —  Industry 

Upholstery  and  Drapery  Textile,  Further 
extension  of  time  for  certain  manufacturers 
to  elect  not  to  be  bound  unaer  the  code  of 

fair  competition  for  the  —  Industry 

Exemplification,  Certification  and  —  of  Docu- 
ments, Rules  and  Regulations  governing 

Exception  for  retail  and  service  trades  in  towns 
of  less  than  2,500  population  from  President's 

Reemployment  Agreement 

Exemption,  Amendment  to  the  —  from  the  Presi- 
dent's Reemployment  Agreement  in  towns  less 

than  2,500  in  population 

Exemption,  Granting  limited  —  from  provisions 
of   Codes   of   Fair   Competition  in  connection 

with  sale^i  to  Hospitals 

Exemption,  Granting  permanent  otay  of  ■ —  from 
Codes  of  Fair  Competition  in  connection  with 

sales  to  Hospitals  for  certain  Industries 

Exemption,  Granting  Sheltered  Workshops  Con- 
ditional —  from  Codes  of  Fair  Competition 

Exemptions  from  the  President's  Reemployment 
Agreement  of    emploj'ers   in  towns  less    than 

2,500  in  population 

Exemptions,  Rules  and  regulations  concerning 
modifications  of  and  —  from  approved  Codes  of 

Fair  Competition 

Exemption,  Stay  of  order  granting  limited  —  from 
provisions  of  Codes  of  Fair  Competition  in  con- 
nection with  sales  to  hospitals 

Expanding  and  Specialty  Paper  Products 

Expense,  Governing  collection  of  —  of  Code  Ad- 
ministration (see  also  Code  Administration) 

Extinguishing,  Fire  —  Appliance  Manufacturing 
(see  also  Fire  Extinguishing  Appliance  Manu- 
facturing)   

Extract,  Tanning  (see  also  Tanning  Extract) 

Fabricated    Metal   Products   Manufacturing  and 

Metal  Finishing  and  Metal  Coating 

Amendment,  No.  1 


Date 

Volume 

3-23-34 

VIII 

12-  7-33 

III 

7-15-33 

I 

10-23-33 

II 

6-27-34 

XII 

7-21-33 

I 

4-19-34 

IX 

7-21-33 

I 

10-20-33 

II 

12-11-33 

IV 

4-11-34 

IX 

5-15-34 

X 

5-15-34 

X 

1-23-34 

V 

3-  3-34 

VII 

3-  3-34 

VII 

10-23-33 

II 

5-  5-34 

X 

2-  2-34 
3-26-34 

VI 
VIII 

5-26-34 

X 

11-  4^33 
3-29-34 

II 

IX 

11-  2-33 
6-  1-34 

II 

XI 

643 


Code 

No. 

Industry 

Date 

1 
Volume 

Page' 

84 

Fabricated  Metal  Products — Continued. 
Amendment,  No.  2 

6-27-34 

7-19-34 

1-10-34 

1-30-34 
1-31-34 

1-31-34 

2-  9-34 

2-21-34 

3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 

3-17-34 

3-24-34 

3-26-34 
3-26-34 

3-26-34 
3-26-34 
3-26-34 
3-26-34 
3-26-34 

3-26-34 

3-26-34 

3-31-34 
3-31-34 
3-31-34 
3-31-34 
3-31-34 

4-  4^34 

4-  4^34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4r-34 
4-  4-34 

4-  4-34 

4-  4-34 

XII 

XIII 

V 

V 
V 

V 

VI 

VII 

VIII 
VIII 
VIII 
VIII 
VIII 
VIII 
VIII 

VIII 

VIII 

VIII 
VIII 

VIII 
VIII 
VIII 
VIII 
VIII 

VIII 

VIII 

IX 
IX 
IX 
IX 
IX 

IX 

IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 

IX 

IX 

3ir 

Expenses  of  Code  Administration,  Terminat- 
ing exemption  relevant  to  collection  of 

Supplement,  No.  1,  for  Metallic  Wall  Struc- 
ture Industrial  Subdivision 

76& 
708 

Supplement,   No.   2,  for  Hand  Chain  Hoist 
Manufacturing      _            _            _ 

727 

Supplement,  No.  3,  for  Chair  Manufacturing, 
Supplement,    No.   4,   for   Electric   Industrial 
Truck  Manufacturing 

739 

751 

Supplement,  No.  5,  for  Railway  Car  Appli- 
ances    ._                                                   _        - 

637 

Supplement,  No.  6,  for  Shoe  Shank  Manufac- 
turing.         .                _.        _            

677 

Supplement,  No.  7,  for  Tool  and  Implement 
Manufacturing                                             

747 

Axe  Division                    _                        

747 

Hammers  Division 

747 

Hatchet  Division                                   

747 

Scvthe  and  Snatne  Division                  

747 

Shovel  and  Post  Hole  Digger  Division.. _ 
Steel  Goods  Division 

747 
747 

Supplement,    No.    8,    for    Hack    Saw    Blade 
Manufacturing                          _                  __   _ 

779 

Supplement,  No.  9,  for  Forged  Tool  Manu- 
facturing.. 

811 

Supplement,  No.   10,  for  Cutlery,  Manicure 
Implement  and  Painters  and  Paperhangers 

Tool  Manufacturing  and  Assembling 

Manicure  Implement  Section 

Painters  and  Paperhangers  Tool  Equip- 
ment Section          .                 

823 
823 

8^3. 

Pocket  Knife  Section 

8^3 

Scissors  and  Shears  Section 

8?3 

Table  and  Trade  Knife  Section 

Supplement,  No.  11,  for  Tackle  Block  Manu- 
facturing  

Supplement,    No.    12,  for  Power  and   Gang 
Lawn  Mower  Manufacturing 

823 
823 

849 

837 

Supplement,  No.  13,  for  Porcelain  Enameling 
Manufacturing                                      .    -_ 

749 

Frit  Division 

749 

Jobbing  Shop  Division 

749 

Sign  Division              ..        __        

749 

Table  Top  Division   .                      ._          . 

749 

Supplement,   No.    14,  for   Non-Ferrous  Hot 
Water  Tank  Manufacturing 

775 

Supplement,  No.   15,  for  Wrench  Manufac- 
facturing                             _    . 

789 

Adjustable  Monkey  Wrenches  Division.. 

Adjustable  Pipe  Wrenches  Division 

Adjustable  Wrenches  and  Pliers  Division. 
Adjustable  Wrenches  Division 

789 
789 
789 

789 

Chain  Pipe  Wrenches  (Tongs)  Division.. 

Detachable  Socket  Wrenches  Division — 

Drop-forged  Wrenches  (Alloy)  Division.. 

Drop-forged   Wrenches    (Carbon)    Divi- 
sion  

Ratchet    and    Miscellaneous    Wrenches 
Division 

789 
789 
789 

789 

789 

80835—34- 


-36 


644 


Industry 

Fabricated  Metal  Products — Continued. 

Supplement,  No.  16,  for  Snap  Fastener  Manu- 
facturing   

Supplement,  No.  17,  for  Advertising  Metal 
Sign  and  Display  Manufacturing 

Supplement,  No.  18,  for  Screw  Machine  Prod- 
ucts Manufacturing 

Amendment,  No.  1 

Supplement,  No.  19,  for  Cap  Screw  Manufac- 
turing   

Supplement,  No.  20,  for  Machine  Screw  Nut 
Manufacturing _. 

Supplement,  No.  21,  for  Bright  Wire  Goods 
Manufacturing 

Supplement,  No.  22,  for  Drapery  and  Carpet 
Hardware  Manufacturing _. 

Supplement,  No.  23,  for  Machine  Screw 
Manufacturing 

Supplement,  No.  24,  for  Wood  Screw  Manu- 
facturing   

Supplement,  No.  25,  for  Steel  Package  Manu- 
facturing  

Supplement,  No.  26,  for  Standard  Steel  Barrel 
and  Drum  Manufacturing 

Supplement,  No.  27,  for  Galvanized  Ware 
Manufacturing 

Supplement,  No.  28,  for  Job  Galvanizing 
Metal  Coating 

Supplement,  No.  29,  for  Washing  Machine 
Parts  Manufacturing 

Supplement,  No.  30,  for  Milk  and  Ice  Cream 
Can  Manufacturing 

Supplement,  No.  31,  for  Warm  Air  Pipe  and 
Fittings  Manufacturing 

Supplement,  No.  32,  for  Hog  Ring  and  Ringer 
Manufacturing 

Supplement,  No.  33,  for  Flexible  Metal  Hose 
and  Tubing  Manufacturing 

Supplement,  No.  34,  for  Wire  Rope  and 
Strand  Manufacturing 

Supplement,  No.  35,  for  Cutting  Die  Manu- 
facturing   

Supplement,  No.  36,  for  Lift  Truck  and  Port- 
able Elevator  Manufacturing 

Supplement,  No.  37,  for  Artistic  Lighting 
Equipment  Manufacturing 

Supplement,  No.  38,  for  Complete  Wire  and 
Iron  Fence 

Supplement,  No.  39,  for  Prison  Equipment 
Manufacturing 

Supplement,  No.  40,  for  Cut  Tack,  Wire 
Tack,  and  Small  Staple  Manufacturing 

Supplement,  No.  41,  for  Open  Steel  Flooring 
(Grating)  Manufacturing 

Supplement,  No.  42,  for  Brass  Forging  Manu- 
facturing   

Supplement,  No.  43,  for  Vitreous  Enameled 
Ware  Manufacturing 

Supplement,  No.  44,  for  Pulp  and  Paper  Mill 
Wire  Cloth  Manufacturing 

Supplement,  No.  45,  for  Hand  Bag  Frame 
Manufacturing 


Date 


Volume 


4-  6-34 

4-20-34 

4-28-34 
5-16-34 

5-  3-34 
5-  5-34 
5-  7-34 

5-  9-34 
5-10-34 
5-10-34 
5-16-34 
5-16-34 
5-17-34 
5-17-34 
5-17-34 
5-17-34 
5-18-34 
5-22-34 
5-24r-34 
5-24-34 

6-  8-34 
6-23-34 
6-28-34 

7-  3-34 
7-  5-34 

7-  6-34 
7-11-34 
7-19-34 
7-22-34 
7-30-34 

8-  1-34 


IX 

IX 

X 
X 

X 

X 

X 

X 

X 

X 

X 

X 

XI 

XI 

XI 

XI 

XI 

XI 

XI 

XI 

XI 

XII 

XII 

XII 

XII 

XIII 

XIII 

XIII 

XIII 

XIV 

XIV 


645 


Industry 


Volume 


Fabricating,  Reinforcing  Materials  {see  also  Rein- 
forcing Materials  Fabricating) 

Fabricating,  Steel  Plate  {see  also  Steel  Plate  Fab- 
ricating)   

Fabricating,  Structural  Steel  and  Iron  {see  also 
Structural  Steel  and  Iron  Fabricating) 

Fabric  Auto  Equipment  Division.  {See  Light 
Sewing  Industry  Except  Garments.) 

Fabric  Shade,  Woven  Wood  {see  also  Woven  Wood 
Fabric  Shade) 

Fabrics,  Automobile  — ,  Proofing  and  Backing 
Division.     {See  Rubber  Manufacturing.) 

Fabrics,  Corset,  Brassiere,  and  Allied  Trades  — 
Division.  {See  Cotton  Textile  Supplement, 
No.  1.) 

Fabrics,  Curtain  and  Drapery  —  Division.  {See 
Cotton  Textile  Supplement,  No.  1.) 

Fabrics,  Leather  Cloth  and  Lacquered  —  Window 
Shade  Cloth  and  Impregnated  Fabrics  Indus- 
tries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 
Fabrics  Industries) 

Fabrics,  Narrow  {see  also  Narrow  Fabrics) 

Fabrics,  Upholstery  and  Decorative  • — ■  Division. 
{See  Wholesaling  or  Distributing  Trade.) 

Fabric,  Slit  —  Manufacturing  {see  also  Slit  Fabric 
Manufacturing) 

Face,  Window  —  Bag  Division.  {See  Paper  Bag 
Manufacturing.)  i 

Fan  and  Blower 

Hazardous  occupations.  Approving  a  list  of- 

Fancy  Fur  Dyers  Division.  (*See  Fur  Dressing 
and  Fur  Dyeing.) 

Fancy,  Glazed  and  —  Paper  {see  also  Glazed  and 
Fancy  Paper) 

Farm  Equipment 

Amendment,  No.  1 

Amendment,  No.  2 

Farming,  Trout  — ,  Eastern  Section  {see  also 
Fishery  Supplement,  No.  6) 

Farm,  Retail  ■ — ■  Equipment  Trade  (see  also  Retail 
Farm  Equipment  Trade) 

Farmers',  Definition  of  —  and  Consumers'  Co- 
operatives   

Fastener,  Slide  (see  also  Slide  Fastener) 

Fastener,  Snap  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  16) 

Feather,  Artificial  Flower  and  (see  also  Artificial 
Flower  and  Feather) 

Feldspar 

Felt  Base,  Linoleum  and  —  Manufacturers  (see 
also  Linoleum  and  Felt  Base  Manufacturers)  _  _ 

Felt,  Hair  and  Jute  (see  also  Hair  and  Jute  Felt)_ 

Felt.  Paper  Makers'  {see also  Paper  Makers'  Felt). 

Felt.     {See  Hat  Manufacturing.) 

Felt,  Wool  —  Manufacturing  (see  also  Wool  Felt 
Manufacturing) 

Fence,  Complete  Wire  and  Iron  (see  also  Fabricat- 
ed Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
38). 


11-27-33 
4-  6-34 
7-11-34 

6-28-34 


5-  3-34 
2-27-34 


1-1&-34 


1-30-34 
8-  1-34 


2-  1-34 
10-  3-33 
12-21-33 

5-  7-34 

7-25-34 

1-  &-34 

5-18-34 
1-31-34 


4r-  6-34 

9-18-33 
1-16-34 

9-18-33 

10-31-33 

5-11-34 


11-27-33 


III 

IX 

XIII 

XII 


IX 

VII 


V 


V 
XIV 


VI 

I 

IV 
X 

XIV 

V 

X 
V 


IX 

I 

V 

I 
II 

X 


III 


7-  3-34       XII     545 


646 


Industry 


Fertilizer 

Zones,  Establishment  of  Trade  —  for  the  — 
Industry 

Fiber  and  Metal  Work  Clothing  Button  Manu- 
facturing  

Fiber,  Corrugated  and  Solid  —  Shipping  Container 
{see  also  Corrugated  and  Solid  Fiber  Shipping 
Container) 

Fibre  Can  and  Tube 

Amendment,  No.  1 

Fibre,  Soft  —  Manufacturing  {see  also  Soft  Fibre 
Manufacturing) '. 

Fibre  Wallboard 

Field  Athletics.  {See  Athletic  Goods  Manufac- 
turing.) 

Filing,  Business  Furniture,  Storage  Equipment  and 
—  Supply  {see  also  Business  Furniture,  Storage 
Equipment,  and  Filing  Supply) 

Filing  Supply  {see  also  Business  Furniture,  Storage 
Equipment,  and  Filing  Supply  Supplement,  No. 
2) 

Filter,  Air  {see  also  Machinery  and  AUied  Products 
Supplement,  No.  32) 

Filtering  Materials,  Milk  —  and  the  Dairy  Prod- 
ucts Cotton  Wrappings  {see  also  Milk  Filtering 
Materials  and  the  Dairy  Products  Cotton 
Wrappings) 

Filter,  Water  Softener  and  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  28) 

Findings,  Leather  and  Shoe  —  Trade  {see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  9) 

Fine  Goods.     {See  Cotton  Textile.) 

Finished  Moulding  Division.  {See  Picture  Mould- 
ing and   Picture  Frame.) 

Finishing  Branch.      {See  Cotton  Textile.) 

Finishing,  Fabricated  Metal  Products  Manufac- 
turing and  Metal  —  and  Metal  Coating  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating) 

Finishing,  Marble  Quarrying  and  (see  also  Marble 
Quarrying  and  Finishing) 

Finishing,  Photographic  and  Photo  (see  also  Pho- 
tographic and  Photo  Finishing) 

Finishing,  Spray  Painting,  and  —  Equipment 
Manufacturing  {see  also  Spray  Painting  and 
Finishing  Equipment  Manufacturing) 

Finishing,  Stone  —  Machinery  and  Equipment 
{see  also  Stone  Finishing  Machinery  and  Equip- 
ment)   

Finishing,  Textile  —  temporarily  placed  under 
Cotton  Textile  Industry 

Finishing,  Trade  Mounting  and.  {See  Graphic 
Arts.) 

Finish,  Shoe  and  Leather  — ,  Polish,  and  Cement 
Manufacturing  {see  also  Shoe  and  Leather  Fin- 
ish, Polish,  and  Cement  Manufacturing) 

Firebox,  Steel  Tubular  and  —  Boiler  {see  also 
(Steel  Tubular  and  Firebox  Boiler) 

Fire  Clay.     (<See  Refractories.) 

Fire  Extinguishing  Appliance  Manufacturing 

Amendment,  No.  1 

Cost  Accounting,  Approving  a  uniform  sys- 
tem of 


Date 

Volume 

10-31-33 

II 

2-26-34 

VII 

3-17-34 

VIII 

2-  1-34 
2-24-34 
7-  6-34 

VI 

VII 

XIII 

4-  9-34 
3-10-34 

IX 

VII 

11-  4-33 

I 

7-30-34 

XIV 

7-21-34 

XIII 

4-19-34 

IX 

7-  9-34 

XIII 

5-17-34 

XI 

11-  2-33 

II 

5-  9-34 

X 

3-23-34 

VIII 

4-19-34 

IX 

12-15-33 

IV 

7-21-33 

I 

12-30-33 

IV 

10-23-33 

II 

11-  4-33 
7-27-34 

II 

XIV 

7-20-34 

XIII 

Page 

119 
718 
155 


1 

285 
237 

273 
565 


383 

391 

671 

307 
547 

493 


327 

57 

449 

317 

129 
716 

485 

57 

511 
151 

76T 


647 


Code 
No. 

Industry 

Date 

Volume 

Page 

108 
95 

Fire,  Motor  —  Apparatus  Manufacturing  (see  also 
Motor  Fire  Apparatus  Manufacturing) 

Fire  Resistive  Safe  Division.      (See  Business  Fur- 
niture, Storage  Equipment,  and  Filing  Supply 
Amendment,  No.  1.) 

Fire  Resistive  Safe  {see  also  Business  Furniture, 
Storage  Equipment,  and  Filing  Supply-  Supple- 
ment, No.  1) 

Firms,  Stock  Exchange  {see  also  Stock  Exchange 
Firms)           .                _    _        _                  _      __ 

11-  8-33 

7-30-34 

11-  4-33 
2-26-34 

4-27-34 
3-10-34 
4-13-34 

4-24-34 

5-  3-34 

7-14-34 

6-  9-34 
5-  5-34 

7-25-34 
8-19-33 
11-14-33 
3-21-34 
5-29-34 

10-  7-33 

12-15-33 

5-18-34 
5-  3-34 
3-21-34 
4-30-34 

5-24-34 

11-  4-33 
4-28-34 
4-28-34 
5-18-34 

4-16-34 
1-23-34 

II 

XIV 

II 

VII 

IX 
VII 
IX 

X 

X 

XIII 

XI 

X 

XIV 

I 

VI 

VIII 

XI 

VI 

IV 

XI 

IX 

VIII 

IX 

XI 

II 

X 
X 
X 

IX 
V 

629 

405 

481 

308 

Fisherv     .        _    _                _    __              _      _ 

3'^7 

Blue  Crab  Division,  Temporary  modification 

of  minimum  wage  provisions  in  the 

Supplement,  No.  1,  for  Fresh  Oyster 

Supplement,  No.  2,  for  Wholesale  Lobster 

Su  )plement.    No.    3,   for   California   Sardine 
Processing 

937 
693 
823 

645 

Supplement,    No.   4,   for   Atlantic    Mackerel 
Fishing 

711 

Production,  Approval  of  plan  of  curtail- 
ment of       _   _            _      _ 

751 

Production,  Approving  curtailment  of 

Supplement,  No.  5,  for  Blue  Crab 

819 

747 

Supplement,     No.    6,    for    Trout    Farming, 
Eastern  Section  . 

345 

13 

Fishing  Tackle            _    _    _ 

217 

Amendment,  No.  1             _            _          _        _ 

581 

Amendment,  No.  2                                 

643 

153 

Home  Workers,  Requiring  registration  of 
Hours,    Approval   of  exception  as  to  —  of 
work  of  \\  atchmen  in  the 
Fitted    Picture    Frame    Division.     (See    Picture 

Moulding  and  Picture  Frame.) 
Fittings,   Sanitary   Brass  Plumbing  —  Division. 

{See  Plumbing  Fixtures.) 
Fittings,   valve  and  ■ —   Manufacturing   {see  also 
Valve  and  Fittings  Manufacturing) 

799 
657 

29 

Fittings,  Warm  Air  Pipe  and  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  31)    _ 

501 

415 

Fixture,   Commercial   (see  also  Commercial  Fix- 
ture) 

591 

352 

Fixtures.      (See  Plumbing  Fixtures.) 

Flag  Manufacturing                                .            _   _   _ 

319 

409 

Flatware.      (.See  Silverware  Manufacturing.) 
Flexible  Insulation 

507 

Flexible  Metal  Hose  and  Tubing  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  33)    _                    _          _        _ 

543 

92 

Floor  and  Wall  Clay  Tile  Manufacturing 

Amendment,  No.  1.         _.                __-_ 

443 

485 

China  Accessories  Division                   .    - 

485 

Amendment,  No.  2 

563 

Price  lists,  Permitting  discounts  from  pub- 
lished   __                      .-   - 

920 

224 

Floor    Covering    Division.     {See   Wholesaling   or 

Distributing  Trade.) 
Floor,  Furniture  and  —  Wax  and  Polish  {see  also 

Furniture  and  Floor  Wax  and  Polish) 

381 

648 


Industry 


Flooring,  Oak  —  Division.  (See  Lumber  and 
Timber  Products.) 

Flooring,  Open  Steel  —  (Grating)  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  41) 

Flooring,  Resilient  —  Contracting  (see  also  Con- 
struction Supplement,  No.  10) 

Flooring,  Rubber  • — •  Division.  {See  Rubber  Man- 
ufacturing.) 

Flooring,  Specialtj'  Wood  —  Division.  (See 
Lumber  and  Timber  Products  Amendment,  No. 
9.) 

Floor  Tile,  Cork  —  Manufacturers  Division. 
{See  Cork.) 

Floor  Truck,  Caster  and  —  Manufacturing  {see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  26) -  -  -  - 

Floor,  Waterproofing,  Dampproofing,  Caulking 
Compounds  and  Concrete  —  Treatments  Man- 
ufacturing {see  also  Waterproofing,  Damp- 
proofing,  Caulking  Compounds  and  Concrete 
Floor  Treatments  Manufacturing) — 

Floor,  Wood  —  Contracting  {see  also  Construction 
Supplement,  No.  11) 

Flower,  Artificial  —  and  Feather  {see  also  Artifi- 
cial Flower  and  Feather) 

Flower  Pot,  Clay  —  Division.  {See  Earthenware 
Manufacturing.) 

Fluted  Cup,  Pan  Liner  and  Lace  Paper 

Foil,  Metallic  —  Products  Division.     {See  Lead.) 

Folding  Paper  Box 

Food  Container,  Open  Paper  Drinking  Cup  and 
Round  Nesting  Paper  {see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) 

Food  Dish  and  Pulp  and  Paper  Plate 

Amendment,  No.  1 

Food,  Dog  {see  also  Dog  Food) 

Food,  Open  Paper  Drinking  Cup  and  Round 
Nesting  Paper  —  Container  {see  also  Open 
Paper  Drinking  Cup  and  Round  Nesting  Paper 
Food  Container) 

Food,  Retail  —  and  Grocery  Trade  {see  also  Retail 
Food  and  Grocery  Trade) 

Food,  Wholesale  —  and  Grocery  Trade  {see  also 
Wholesale  Food  and  Grocery  Trade) 

Football.      {See  Athletic  Goods  Manufacturing.) 

Footwear,  Rubber — Division.  {See  Rubber 
Manufacturing.) 

Foreign  Trade,  Establishing  the  office  of  Special 
Adviser  on 

Forged  Tool  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 


Date 


7-11-34 
5-29-34 


9). 


Forging,  Brass  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  42) 

Forging,  Drop  (see  also  Drop  Forging) 

Forging,  Machine  Tool  and  —  Machinery  (see  also 
Machine  Tool  and  Forging  Machinery) 


7-  7-34 

11-27-33 
5-29-34 
9-18-33 

2-17-34 
12-30-33 


3-26-34 
2-  1-34 
7-  6-34 
5-31-34 


3-26-34 

12-30-33 

1-  4-34 

3-23-34 
3-24-34 


7-19-34 
5-10-34 

11-  8-33 


Volume 


XIII 
XI 


XIII 

III 

XI 

I 

VII 
IV 


VIII 
VI 

XIII 
XI 


VIII 

IV 

V 

VIII 
VIII 


Page 


559 
569 


:523 

497 

583 

1381 

175 
591 


567 
29 

241 
97 


567 

457 

1 

861 
811 


XIII      645 


X 

II 


85 

677 


649 


Industry 


Form,  Standardized  Stationery  and  Business. 
(See  Graphic  Arts.) 

Foundry  Equipment 

Foundry,     Non-Ferrous    {see    also    Non-Ferrous 

Foundry) 

Foundry  Supply 

Hazardous  occupations,  approving  a  list  of 

Frame,  Hand  Bag  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 

No.  45) 

Frame,   Picture   Moulding  and  Picture   {see  also 

Picture  Moulding  and  Picture  Frame) 

Frame,  Umbrella  —  and  Umbrella  Hardware 
Manufacturing   {see  also  Umbrella  Frame  and 

Umbrella  Hardware  Manufacturing) 

Freezer,  Counter  Type  Ice-Cream  {see  also  Coun- 
ter type  Ice-Cream  Freezer) 

French,  Worsted  Spinners  —  System,  Division. 
{See  Wool  Textile  Amendment,  No.  1.) 

Fresh  Oyster  (Fishery  Supplement,  No.  1) 

Fresh  Water  Pearl  Button  Manufacturing 

Friction  Products,  Brake  Lining  and  Related  — 

Division.      {See  Asbestos.) 
Frit  Division.     {See  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  13.) 
Fruit,   Preserve,    Maraschino   Cherry  and   Glace 
{see  also  Preserve,  Maraschino  Cherry  and  Glace 

Fruit) 

Fuel,  Charcoal  and  Packaged  —  Division.     {See 

Wholesaling  or  Distributing  Trade.) 
Fueling,  Vessel  — •  Division.      (See  Coal  Dock.) 

Fuel,  Retail  Solid  {see  also  Retail  Solid  Fuel) 

Fuller's  Earth  Producing  and  Marketing 

Funds  for  the  National  Recovery-  Review  Board 

Funds,  Government  contracts  and  contracts  in- 
volving the  use  of  Government  (see  also  Con- 
tracts, Government  —  and  contracts  involving 

the  use  of  Government  Funds) 

Funeral  Service 

Amendment,  No.  1 

Amendment,  No.  2 

Funeral  Supply 

Amendment,  No.  1 

Amendment,  No.  2 

Funeral  Vehicle,  Supplement,  No.  1  to  Automobile 

Manufacturing 

Fungicide,  Agricultural  Insecticide  and  —  {see  also 
Chemical  Manufacturing  Supplement,  No.  1)  _ . 
Fur  Cutting,  Hatters'  {see  also  Hatters'  Fur  Cut- 
ting)  

Fur  Dealing  Trade 

General  Division 

Rabbit  Dealing  Division 

Amendment,  No.  1 

Fur  Dressing  and  Fur  Dyeing 

Dog  and  Long  Haired  Fur  Dyers  Division 

Fancy  Fur  Dressers  Division 

Fancy  Fur  Dyers  Division 

Rabbit  Fur  Dressers  Division 

Rabbit  Fur  Dyers  Division 

Amendment,  No.  1 


Date 

Volume 

2-  6-34 

VI 

12-18-33 

IV 

2-  5-34 

VI 

7-2&-34 

XIV 

8-  1-34 

XIV 

1-16-34 

V 

4-  6-34 

IX 

5-  5-34 

X 

3-10-34 

VII 

2-26-34 

VII 

6-  8-34 

XI 

2-14-34 

VI 

3-23-34 

VIII 

3-  9-34 

VII 

3-14-34 

VIII 

4-  4r-34 

IX 

7-24-34 

XIV 

7-25-34 

XIV 

11-  4-33 

II 

2-  8-34 

VI 

6-  6-34 

XI 

11-  8-33 

II 

5-  1-34 

X 

7-  3-34 

XII 

4-  4-34 

IX 

4-  4-34 

IX 

4^  4-34 

IX 

7-20-34 

XIII 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

6-30-34 

XII 

650 


Industry 


Fur  Dressing  and  Fur  Dyeing — Continued. 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Fur-felt.      (See  Hat  Manufacturing.) 

Fur  Manufacturing 

/Vmendment,  No.  1 

Code  Authority,  Adding  two  additional  mem- 
bers to  the  Temporary 

Market  Areas,  Extending  date  of  report  of 

Special  Commission  on 

Furnace,  Blast  —  Castings  Division.     {See  Non- 

Ferrous  Foundry.) 
Furnace,   Industrial  —   Manufacturing   (see  also 

Industrial  Furnace  Manufacturing) 

Furnace,   Warm  Air  —  Manufacturing  (see  also 

Warm  Air  Furnace  Manufacturing) 

Furnishings,  House  —  Division.      (See  Wholesal- 
ing or  Distributing  Trade  Supplement,  No.  8.) 
Furnishings,  Men's  —  Division.      {See  Wholesal- 
ing or  Distributing  Trade  Supplement,  No.  8.) 

Furniture  and  Floor  Wax  and  Polish 

Amendment,  No.  1 

Silver  and  Metal  Polish  Division 

Sweeping  Compound  Division 

Furniture,  Business  — ,  Storage  Equipment  and 
Filing   Supplies    (see   also    Business   Furniture, 

Storage  Equipment,  and  Filing  Supplies) 

Furniture  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Homework,  Terminating  a  stay  relevant  to  _ 
Stay,  Temporary  — -  of  Articles  III,  IV,  and 

V  for  the  —  Industry 

Furniture,  Porcelain  Breakfast  —  Assembling 
(see  also  Porcelain  Breakfast  Furniture  Assem- 
bling)   

Furniture,  Ready-Made  —  Slip  Covers  Manu- 
facturing (see  also  Readj^-Made  Furniture  Slip 

Covers  Maruifacturing) 

Furriers  Supplies  Trade  (see  also  Wholesaling  or 

Distributing  Trade  Supplement,  No.  10) 

Fur  Trapping  Contractors 

Fur  Wholesaling  and  Distributing  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 

No.  11} 

Galvanizing,  Job  —  Metal  Coating  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  28) 

Galvanized  Ware  Manufacturing  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  27) 

Garment,  Banana  and  Dry  Cleaner  or  —  Delivery 
Bag  Division.    (»S'ee  Paper  Bag  Manufacturing.) 

Garment,  Cotton  (see  also  Cotton  Garment) 

Garment  Manufacturers,  temporarily  place  under 

Cotton  Textile  Industry 

Garments.  {See  Cotton  Garment — Wholesaling 
or  Distributing  Trade.) 


Date 

Volume 

7-18-34 
7-25-34 
8-  3-34 

XIII 
XIV 
XIV 

5-19-34 
7-30-34 

X 
XIV 

7-23-34 

XIV 

7-  3-34 

XII 

3-23-34 

VIII 

11-27-33 

III 

1-23-34 
7-12-34 
7-12-34 
7-12-34 

V 
XIII 
XIII 
XIII 

11-  4-33 

12-  7-33 
2-  5-34 
7-12-34 
7-20-34 
7-27-34 

II 
III 

VI 
XIII 
XIII 
XIV 

1-12-34 

V 

1-30-34 

V 

2-16-34 

VI 

6-  2-34 
12-15-33 

XI 
IV 

6-  9-34 

XI 

5-17-34 

XI 

5-17-34 

XI 

11-17-33 

III 

7-26-33 

I 

651 


Code 
No. 


Industry 


Volume 


Garments,  Light  Sewing  Industry  Except  (see  also 

Light  Sewing  Industry  Except  Garments) 

Garter,  Suspender  and  Belt  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Hazardous  occupations  classified  for  the  —  In- 
dustry  

Gas  Appliances  and  Apparatus 

Gas  Cock 

Amendment,  No.  1 

Gas,  Liquefied  (see  also  Liquefied  Gas) 

Gasoline  Pump  Manufacturing 

Amendment,  No.  1 

Gas-Powered  Industrial  Truck  Manufacturing 
(see  also  Machinery  and  Allied  Products  Sup- 
plement, No.  33) 

Gear  Manufacturing 

Amendment,  No.  1 

General  Contractors  (see  Construction  Supple- 
ment, No.  1) 

Ginning,  Cotton  ■ —  Machinery  Manufacturing 
{see  also  Cotton  Ginning  Machinery  Manufac- 
turing)   

Glace  Fruit,  Preserve,  Maraschino  Cherry  and 
[see    also    Preserve,    Maraschino    Cherry    and 

Glace  Fruit) 

Glass  Container 

Amendment,  No.  1 

Glass  House  Refractories  Division.      {See  Refrac- 
tories.) 
Glassine  Bag  Division.      {See  Paper  Bag  Manu- 
facturing.) 
Glassware,  American  (see'aZso American  Glassware). 

Glazed  and  Fancy  Paper 

Globes,  Lamp  Chimneys  and  Lantern  —  Division. 

(See  American  Glassware.) 
Glove,  Cotton  Cloth  —  Manufacturing  (see  also 

Cotton  Cloth  Glove  Manufacturing) 

Glove,  Leather  and  Woolen  Knit  {see  also  Leather 

and  Woolen  Knit  Glove) 

Glycerine,  Soap  and  —  Manufacturing  (see  also 

Soap  and  Glycerine  Manufacturing) 

Golf.      {See  Athletic  Goods  Manufacturing.) 
Goods,  Athletic  —  Manufacturing  (see  also  Ath- 
letic Goods  Manufacturing) 

Goods,    Luggage    and    Fancy    Leather    (see    also 

Luggage  and  Fancy  Leather  Goods) 

Goods,    Slechanical    Rubber   —    Division.      {See 

Rubber  Manufacturing.) 
Goods,  Wash  —  Division.      {See  Cotton  Textile 

Supplement,  No.  1.) 
Governmental  Agencies,  Quotations  to: 

Bituminous  Coal,  Coal  Dock,  Wholesale  Coal, 
Retail  Solid  Fuel,  Staying  application  of 

Order  relevant  to  bids  rendered  to 

Business  Furniture,  Storage  Equipment  and 

Filing  Supply,  Exemption  relevant  to 

Business  Furniture,  Storage  Equipment  and 
Filing   Supply,    Stay    of    Code    Provisions 

relevant    to 

Exemption  for  —  from  Codes  of  Fair  Com- 
petition   

Retail  Rubber  Tire  and  Battery  Trade,  Stay 
of  order  pertaining  to  —  for 


1-23-34 

11-    4r-33 

1-27-34 
6-  5-34 

3-  3-34 
11-27-33 
10-31-33 

7-12-34 
11-  8-33 

9-18-33 
12-21-33 


7-21-34 

11-14-33 

6-27-34 

2-17-34 


7-16-34 


6-  8-34 

10-  3-33 

2-  1-34 


1-16-34 
2-  1-34 


12-30-33 
11-  4-33 


V 

II 

V 

XI 

VII 

III 

II 

XIII 

II 

I 

IV 


XIII 

III 

XII 

VII 


XIII 


XI 

I 

VI 


V 
VI 


IV 

II 


11-  2-33 

II 

2-  2-34 

VI 

10-  3-33 

I 

6-27-34 

XII 

7-11-34 

XIII 

7-20-34 

XIII 

6-12-34 

XII 

6-28-34 

XII 

652 


Code 

No. 


438 
449 

375 


287 


Industry 


Government  Agencies,  Quotations  to — Contd. 
Government    contracts    and     contracts    in- 
volving the  use  of  Government  Funds  (see 
aho  Contracts,   Government  —  and  con- 
tracts involving  the  use  of   Government 

Funds) 

Grain,  Abrasive  (see  also  Abrasive  Grain) 

i  Granite,  Wholesale  Monumental  {see  also  Whole- 
sale Monumental  Granite) 

}  Granule,  Roofing  —  Manufacturing  and  Dis- 
tributing {see  also  Roofing  Granule  Manufac- 
turing and  Distributing) 

Graphic  Arts 

Advertising  Newspaper  Appendix 

Advertising  Topography  Appendix 

Bank  and  Commercial  Stationery  Appendix.. 

Book  Manufacturing  Appendix 

Church  Envelope  System  Appendix 

Conunercial  Relief  Printing  A])pendix 

Cover  Manufacturing  Appendix 

Daily    Newspaper   Publishing   and    Printing 

Appendix 

Decalcomania  and  Transparency  Appendix... 

Dry  Transfer  Manufacturing  Appendix 

Gravure  Printing  Appendix 

Greeting  Cards  Appendix 

Labels  Appendix 

Law  Printers  Appendix 

Library  Binding  Appendix 

Lithographic  Printing  Appendix 

Map  Publishers  Appendix 

Music  Printing  Appendix 

Non- Metropolitan     Newspaper     Publishing 

and  Printing  Appendix 

Periodical  Publishing  and  Printing  Appendix. 

Photo-Lithographing  Appendix 

Picture    Publishing    and    Picture    Importers 

Appendix 

Playing  Cards  Appendix 

Posters  Appendix 

Securities  Engraving  and  Printing  Appendix. 
Standardized  Stationery  and  Business  Forms 

Appendix 

Steel  and  Copperplate  Engraving  and  Print- 
ing Appendix 

Textile  and  Hosiery  Packing  Manufacturers 

Appendix 

Ticket  and  Coupon  Appendix 

Trade  Binding  and  Paper  Ruling  Appendix.. 
Trade  Lithographic  Plate  Making  Appendix.. 

Trade  Mounting  and  Finishing  Appendix 

Trade  Typesetting  Appendix 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Amendment,  No.  5 

Amendment,  No.  6 

Stay   of  effective  date  for  certain 

divisions 

Stay,    Temporary   —   of   parts    of 
Article  II  for  certain  Division 


Date 

Volume 

3-14-34 

VIII 

5-21-34 

X 

5-31-34 

XI 

3-31-34 

IX 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-17-34 

VII 

2-24-34 

VII 

5-  3-34 

X 

6-  8-34 

XI 

6-  9-34 

XI 

6-23-34 

XII 

7-  3-34 

XII 

2-26-34 

IX 

5-  3-34 

IX 

653 


Industry 


Graphic  Arts— Continued. 

Wage  and  Hour  Provisions,  Requiring  post- 
ing of  the  —  by  the  Advertising  Specialty 

Manufacturing  Industry 

Wages,    Extending  stay   of  code  provisions 

covering 

Granting,  Open  Steel  Flooring  (  —  )  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  41) 

Gravel,  Crushed  Stone,  Sand  and  — ,  and  Slag 
(see  also  Crushed  Stone,  Sand  and  Gravel,  and 

Slag) 

Gravure  Printing.     {See  Graphic  Arts.) 

Gray  Iron  Foundry • 

Amendment,  No.  1 

Expenses  of  Code  Administration,  Exemption 
from  Order  providing  method  of  meetings _. 
Greeting  Cards.     (»See  Graphic  Arts.) 

Grinding,  Spice  (see  also  Spice  Grinding) 

Grinding  Wheel 

Grocery  Bag  Division.     {See  Paper  Bag  Manufac- 
turing.) 
Grocery,  Retail  Food  and  —  Trade  {see  also  Retail 

Food  and  Grocery  Trade) 

Grocery,  Wholesale  Food  and  —  Trade  {see  also 

Wholesale  Food  and  Grocery  Trade) 

Gum,  Chewing  {see  also  Chewing  Gun) 

Gummed  Label  and  Embossed  Seal 

Gumming 

Gypsum 

Hack  Saw  Blade  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

8) 

Hair  and  Jute  Felt 

Amendment,  No.  1 

Amendment,  No.  2 

Hair,  Animal  Soft  (see  also  Animal  Soft  Hair) 

Hair  Clipper  Manufacturing  Subdivision.  (*See 
Machinery  and  Allied  Products.) 

Hair  Cloth  Manufacturing 

Hair,    Curled   —    Manufacturing    Industry    and 
Horse  Hair  Dressing  (see  also  Curled  Hair  Man- 
ufacturing Industry  and  Horse  Hair  Dressing). 
Haired,   Dog  and  Long  —  Fur  Dyers  Division. 

{See  Fur  Dressing  and  Fur  Dyeing.) 
Hammers   Division.      {See  Tool  and  Implement 

Manufacturing  Industry  Supplement.) 
Hand  Bag  Frame  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

45) 

Handbag,  Ladies'  (see  also  Ladies'  Handbag) 

Handball.     (*See  Athletic  Goods  Manufacturing.) 
Hand  Chain  Hoist  Manufacturing  (see  also  Fab- 
ricated   Metal    Products    Manufacturing    and 
Metal   Finishing  and    Metal   Coating  Supple- 
ment, No.  2) 

Handicapped  Workers,  Prescribing  Rules  and 
Regulations  for  the  Interpretation  and  Appli- 
cation of  Certain  Labor  Provisions  of  Codes  of 
Fair  Competition  as  they  may  affect 


Date 

Volume 

6-26-34 

XII 

6-21-34 

XII 

7-11-34 

XIII 

11-10-33 

II 

2-10-34 
6-21-34 

VI 

XII 

6-22-34 

XII 

5-11-34 
12-21-33 

X 
IV 

12-30-33 

IV 

1-  4-34 
1-30-34 
2-17-34 
2-17-34 
5-  7-34 

V 

V 

VII 

VII 

X 

3-17-34 
10-31-33 
5-23-34 
7-22-34 
2-  2-34 

VIII 

II 

X 

XIII 

VI 

12-15-33 

IV 

5-14-34 

X 

8-  1-34 
3-14-34 

XIV 
VIII 

1-30-34 

V 

2-17-34 

VII 

664 
653 

559 

641 

419 
259 

659 

99 

287 

457 

1 

613 

151 

139 

39 


779 
199 

587 

477 

97 


119 
139 


463 

27 


727 


654 


Industry 


H  aiidkerchief 

Hand  Made  Bag,  Wholly  or  Semi  —  Division. 
(See  Paper  Baa;  Manufacturing.) 

Harbor,  River  and  —  Improvement  {see  also  River 
and  H arbor  Improvement) 

Hard  Rubber  Division.  {See  Rubber  Manufac- 
turing.) 

Hardware  Division.  {See  Wholesaling  or  Dis- 
tributing Trade.) 

Hardware,  Drapery  and  Carpet —  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  22) 

Hardware,  Umbrella  Frame  and  Umbrella  — 
Manufacturing  {see  also  Umbrella  Frame  and 
Umbrella  Hardware  Manufacturing) 

Hardware,  Wholesale  ■ — -  Trade  {see  also  Wiiolesal- 
ing  or  Distributing  Trade  Supplement,  No.  17). 

Hardwood  Distillation 

Amendment,  No.  1 

Hardwood  Division.  {See  Lumber  and  Timber 
Products.) 

Hat,  Cap  and  Cloth  {see  also  Cap  and  Cloth  Hat) . 

Hatchet  Division.  {See  Tool  and  Implement 
Manufacturing  Industry  Supplement.) 

Hat  Die,  Metal  —  and  Wood  Hat  Block  {see  also 
Metal  Hat  Die  and  Wood  Hat  Block) 

Hat  Manufacturing 

Felt  Division 

Fi ir-felt  Division 

Silk  Division 

Straw  Division 

Wool-Felt  Division 

Hats  and  Caps  Division.  {See  Wholesaling  or  Dis- 
tributing Trade.) 

Hatters'  Fur  Cutting 

Health,  Force  of  provisions  subsequent  to  approval 
by  the  Administrator  for  Safety  and  —  Stand- 
ards   

Hearings,  Authorization  of  Administrator  to  ap- 
point personnel,  fix  compensations  and  con- 
duct  

Heater,  Automobile  Hot  Water  —  Manufacturing 
(see  also  Automotive  Parts  and  Equipment 
Manufacturing  Supplement,  No.  1) 

Heater,  Unit  —  and/or  United  Ventilator  Manu- 
facturing (see  also  Unit  Heater  and/or  Unit 
Ventilator  Manufacturing) 

Heat  Exchange 

Heating,  Cooking  and  —  Appliance  Manufactur- 
ing {see  also  Cooking  and  Heating  Appliance 
Manufacturing) 

Heating,  Piping,  and  Air  Conditioning  Contrac- 
tors' (see  also  Construction  Supplement,  No.  16). 

Heating,  Steam  —  Equipment  {see  also  Steam 
Heating  Equipment) 

Heel  and  Sole  Division.  {See  Rubber  Manufac- 
turing.) 

Heel,  Wood  (see  also  Wood  Heel) 

Hemlock,  Northern  —  Division.  {See  Lumber 
and  Timber  Products.) 

Hide  and  Leather  Working  Machine 


Date 


10-  9-33 


5-18-34 


5-  9-34 


4-  6-34 


7-30-34 

11-10-33 

3-21-34 

XIV 

II 

VIII 

6-  5-34 

XI 

1-23-34 
2-  5-34 
2-  5-34 
2-  5-34 
2-  5-34 
2-  5-34 
2-  5-34 

V 
VI 
VI 
VI 
VI 
VI 
VI 

7-  3-34 

XII 

6-15-34 

XII 

7-15-33 

V 

6-25-34 

XII 

2-10-34 
10-11-33 

VI 

I 

1-30-34 

V 

7-25-34 

XIV 

2-12-34 

VI 

2-  9-34 

VI 

3-  6-34 

VII 

Volume 


X 


X 


IX 


655 


Industry 


High  Temperature  Bonding  Mortars  Division. 
{See  Refractories.) 

Hockey.     {See  Athletic  Goods  Manufacturing.) 

Hog  Ring  and  Ringer  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufact,uring  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  32) 

Hoist  Builders  {see  also  Machinery  and  Allied 
Products  Supplement,  No.  20) 

Hoist,  Electric  —  and  Monorail  Manufacturing 
{see  also  Electric  Hoist  and  Monorail  Manufac- 
turing)   1 

Hoist,  Hand  Chain  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 

No.  2) : 

Hoisting  Engine  Manufacturing  {see  also  Macliin- 
ery  and  Allied  Products  Supplement,  No.  19) 

Hollow  Ware.     {See  Silverware  Manufacturing.) 

Homeworkers,  Application  of  Labor  Provisions  of 
Codes  to 

Horse  Hair,  Curled  Hair  Manufacturing  Industry 
and  • —  Dressing  {see  also  Curled  Hair  Manufac- 
turing Industr}'  and  Horse  Hair  Dressing) 

Horseshoe     and     Allied     Products     Manufactur- 


Date 


Volume 


mg 

Hours  and  Wages,  Allowing  exceptions 
for 

Hose,  Flexible  Metal  —  and  Tubing  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturiiig  and  Metal  Finisning  and  Metal  Coat- 
ing Supplement,  No.  33) 

H  osiery 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Temporarj^  code  approved 

Changes,  Temporary  —  of  Article  IV  for 

the  —  Industry 

Hosiery  Packing,  Textile  and  —  Manufacturers. 

{See  Graphic  Arts.) 
Hospitals: 

Disallowing  special  exemptions  for  sales 
to  —  for  Bituminous  Coal,  Wholesale  Coal 

and  Retail  Solid  Fuel  Industries 

Granting  limited  exemption  from  provisions 
of  Codes  of  Fair  Competition  in  connection 

with  sales  to 

Granting  permanent  stay  of  exemption  from 
Codes  of  Fair  Competition  in  connection 

with  sales  to  —  for  certain  Industries 

Sanitary  Napkin  and  Cleansing  Tissue,  Per- 
manent stay  of  certain  provisions  of  the 

code  relevant  to  sales  to 

Stay  of  order  granting  limited  exemption 
from  provisions  of  Codes  of  Fair  Competi- 
tion in  connection  with  sales  to 

Hotel 


Amendment,  No.  1 

Exempting  certain  members  from  the  provi- 
sions of  Article  VIII,  Section  1  (g) 


5-22-34 
6-12-34 

7-13-34 

1-30-34 
&-12-34 

5-15-34 

5-14-34 
3-  8-34 
6-28-34 


5-24-34 
8-26-33 
2-  2-34 
2-  5-34 
6-  7-34 
7-26-33 

12-14-33 


5-28-34 
1-23-34 
3-  3-34 
5-31-34 


2-  2-34 

11-17-33 

2-26-34 

4-24-34 


XI 
XII 

XIII 

V 
XII 


X 

VII 
XII 


XI 

I 

VI 
VI 
XI 

I 

IV 


XI 

V 

VII 

XI 


VI 

III 

VII 
IX 


531 
403 

115 

727 
417 

950 

139 
551 
675 


543 
239 
595 
615 
407 
719 

701 


791 
782 
726 
806 


659 
175 
641 

930 


656 


Industry 


Hotel — Continued. 

Hardships,      Termination      of      exemptions 

granted  to  avoid  undue 

Hours  exemptions,  Granting  limited 

Stay  for  the  —  Industry 

Stay  of  wage-hours  provisions  for  the  —  In- 
dustry   

Suspension,  Partial  —  of  the  Code  under  Serv- 
ice Trades  or  Industries 

Hotelware,  Flatware  and  Hollow  Ware  Division. 

(■See  Silverware  Manufacturing.) 
Hot   Top,    Ladle  and  —   Refractories    Division. 

(Sec  Refractories.) 
Hot  Water  Heater,  Automobile  —  Manufacturing 
(see    aho    Automotive    Parts    and    Equipment 

Manufacturing  Supplement,  Ni).  1) _-. 

Hot  Water  Tank,  Non- Ferrous  ■ —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Svipplement,  No.  14) 

House,  Glass  —  Refractories  Division.      (iSee  Re- 
fractories.) 
Household  Brush  Manufacturers'  Division.      (See 
Brush  Manufacturing.) 

Household  Goods  Storage  and  Moving  Trade 

Register  and  publish  open  prices.  Extending 

time  to 

Registration,  Extending  time  for 

Registration  of  Members,  Extending  time  for. 

Household  Ice  Refrigerator 

Household,  Transparent  —  Rolls  Division.     (See 

Transparent  Materials  Converters.) 
Hydraulic    Machinery    (see   aho    Machinery   and 

.Allied  Products  Supplement,  No.  41) 

Ice 


Amendment,  No.  1 

Ice  Cream  Can,  Milk  and  — •  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  30) 

Ice  Cream  Cone 

Ice-Cream,  Counter  Type  —  Freezer  (see  also 
Counter  Type  Ice-Cream  Freezer) 

Ice,  Household  —  Refrigerator  (see  also  Household 
Ice  Refrigerator) 

Illuminating  Glassware  Division.  (See  American 
Glassware.) 

Implement,  Cutlery,  Manicure  —  and  Painters 
and  Paperhangers  Tool  Manufacturing  and 
Assembling  (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Implement,  Tool  and  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  7) 

Imported  Date  Packing 

Code  Administration,  Termination  relevant 
to  Collection  of  expenses  of 

Imported  Green  Olive 

Importers,  Picture  Publishing  and  Picture.  (See 
Graphic  Arts.) 


Date 

Volume 

4-  4-34 

4-  4-34 

12-29-33 

IX 
IX 
IV 

12-  2-33 

IV 

6-28-34 

XII 

6-25-34 

XII 

4-  4-34 

IX 

4-19-34 

IX 

7-31-34 

6-30-34 

6-21-34 

12-30-33 

XIV 

XII 

XII 

IV 

S-  2-34 

10-  3-33 

4-24r-34 

XIV 

I 

X 

5-17-34 
6-  4-34 

XI 
XI 

5-  5-34 

X 

12-30-33 

IV 

3-26-34 

VIII 

3-15-34 
7-22-34 

VIII 
XIII 

7-31-34 
7-24-34 

XIV 
XIV 

Page 


894 
892 
708 

694 

679 


475 


775 


349 

585 
686 
654 
473 


535 
529 
439 


481 
177 

13 

473 


823 


747 
217 

587 
1 


657 


Industry 


Volume 


Importing,  Alcoholic  Beverage  (Labor  Provisions. 
{See  also  Alcoholic  Beverage  Importing) 

Importing  Division.     {See  Mica.) 

Importing  Trade 

Inorganic  Nitrogen  Importers,  Granting  ex- 
emption from  Trade  Practice  Provisions  to 
Potash  and  Potash  Salts  Importers,  Granting 
exemption  from  Trade  Practice  Provisions 
to 

Impregnated,  Leather  Cloth  and  Lacquered  Fab- 
rics, Window  Shade  Cloth  and  —  Fabrics  In- 
dustries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 
Fabrics  Industries) 

Industrial  Emergency  Committee,  Creation  of 

Industrial  Furnace  Manufacturing 

Industrial  Glassware,  Technical  and  —  Division. 
{See  American  Glassware.) 

Industrial  Oil  Burning  Equipment  Manufacturing 

Industrial,  Railway  and  —  Spring  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No.  2) 

Industrial  Relations  Committees  for  industries 
operating  under  approved  codes 

Industrial  Safety  Equipment  Industry  and  Indus- 
trial Safety  Equipment  Trade 

Industrial  Sand  Division,  Administratr\'e  approval 
of  —  of  the  Crushed  Stone,  Sand  and  Gravel, 
and  Slag  Industries 

Industrial  Subdivision,  Metallic  Wall  Structure 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

Industrial  Supplies  and  Machinery  Distributors 
Trade).-.:. I 

Industrial  Truck,  Gas- Powered  —  Manufacturing 
{see  also  Machinery  and  Allied  Products  Supple- 
ment, No.  33) 

Industry  Engaged  in  the  Smelting  and  Refining  of 
Secondary  Metals  into  Brass  and  Bronze  Alloys 
in  Ingot  Form 

Industry  of  Collective  Manufacturing  for  Door- 
To-Door  Distribution 

Infants'  and  Children's  Wear 

Information,  providing  for  submission  of  Statis- 
tics by  Persons  subject  to  Codes  of  Fair  Compe- 
tition  

Ink,  Printing  —  Manufacturing  (see  also  Printing 
Ink  Manufacturing) 

Inland  Water  Carrier  Trade  in  the  Eastern  Divi- 
sion of  the  United  States  Operating  Via  the  New 

York  Canal  System 

Amendment,  No.  1 

Reports  and  schedules,  Temporary  stay  for 
the  submission  of 

Insect,  All-Metal  —  Screen  {see  also  All-Metal 
Insect  Screen) 

Insecticide,  Agricultural  —  and  Fungicide  {see 
also  Chemical  Manufacturing  Supplement,  No. 
1) 

Insecticide  and  Disinfectant  Manufacturing 

Smiles,  Stay  of  provisions  relevant  to  Inter- 
Industry 


7-17-34 
7-20-34 
7-30-34 

7-30-34 


XIII 
XIII 
XIV 

XIV 


5-  3-34 
6-30-34 
3-23-34 

IX 
XII 
VIII 

7-30-34 

XIV 

4-23-34 

X 

3-30-34 

IX 

3-  1-34 

VII 

12-27-33 

IV 

1-10-34 

V 

10-23-33 

II 

7-21-34 


XIII 


12-21-33 

IV 

325 

8-  3-34 
3-27-34 

XIV 
VIII 

93 
607 

12-  7-33 

III 

662 

3-16-34 

VIII 

127 

2-  6-34 
7-27-34 

VI 
XIV 

281 
155 

4-28-34 

IX 

942 

11-14-33 

III 

9 

5-  1-34 
4-  6-34 

X 

IX 

685 
245 

7-30-34 

XIV 

5«3 

658 


Code 
No. 


Industry 


Insignia,  Providing  for  the  design  and  use  of  — , 
specifying  pledge  to  be  signed,  and  appointing 
National  Committee  for  Sheltered  Workshops- _ 

Insignia,  Territorial  exemptions  and  agreements 
and  issuance  of  N.R.A.  —  under  Codes  of  Fair 
Competition 

Installation,  Advertising  Display  (see  also  Adver- 
tising Display  Installation) 

Instrument,  Band  —  Manufacturing  (see  also 
Band  Instrument  Manufacturing) 

Insulation  Board 

Insulation  Contractors  (see  also  Construction 
Supplement,  No.  12) 

Insulation,  Cork  —  Manufacturers  Division.  (See 
Cork.) 

Insulation,  Flexible  (see  also  Flexible  Insulation). 

Insulator,  Wooden  —  Pin  and  Bracket  Manufac- 
turing (see  also  Wooden  Insulator  Pin  and 
Bracket  Manufacturing) 

Interlinings  Division.  (iS'ee  Cotton  Textile  Sup- 
plement, No.  1.) 

Interpretation,  Prescribing  Rules  and  Regulations 
for  the  —  and  Application  of  certain  Labor 
Provisions  of  Codes  of  Fair  Competition  as 
they  may  aflfect  Handicapped  Workers 

Investment  Bankers 

Amendment,  No.  1 

Amendment,  No.  2 

Waiver    of    rules,    Delegating    authority    of 
Administrator  to  Division  Administrator  for. 

Iron  and  Steel 

Amendment,  No.  1 

Iron,  Cast  - —  Boiler  and  Cast  Iron  Radiator  (see 
also  Cast  Iron  Boiler  and  Cast  Iron  Radiator).. 

Iron,  Cast  —  Pressure  Pipe  (see  also  Cast  Iron 
Pressure  Pipe) 

Iron,  Cast  —  Soil  Pipe  (see  also  Cast  Iron  Soil 
Pipe) 

Iron,  Complete  Wire  and  —  Fence  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finisliing  and  Metal  Coating  Supple- 
ment, No.  38) 

Iron,  Enameled  Cast  —  Phmibing  Fixtures  Divi- 
sion.     (»S'ee  Plumbing  Fixtures.) 

Iron,  Gray  —  Foundry  (see  also  Gray  Iron 
Foundry) 

Ironing,  Washing  and  —  Machine  Manufactur- 
ing (see  also  Washing  and  Ironing  Machine 
Manufacturing) 

Iron,  Malleable  (see  also  Malleable  Iron) i 

Iron,  Scrap  — ,  Nonferrous  Scrap  Metals  and 
Waste  Materials  Trade  (see  also  Scrap  Iron, 
Nt)nferrous  Scrap  Metals  and  Waste  Materials 
Trade) 

Iron,  Structural  Steel  and  —  Fabricating  (see  also 
Structural  Steel  and  Iron  Fabricating) 

Ivory,  Vegetable  —  Button  Manufacturing  (see 
also  Vegetable  Ivory  Button  Manufacturing).. 

Jack  Manufacturing  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  38) 

Jewelers',  Industrial,  —  and  Dental  Brush  Man- 
ufacturers' Division.  (*See  Brush  Manufac- 
turing.) 


Date 

Volume 

5-11-34 

X 

7-  2-34 

XII 

1-30-34 

V 

2-10-34 
3-22-34 

VI 

VIII 

6-  7-34 

XI 

4-30-34 

IX 

3-16-34 

VIII 

2-17-34 

11-27-33 

2-  1-34 

3-23-34 

VII 

III 

VI 
VIII 

6-18-34 
8-19-33 
5-30-34 

XII 

I 

XI 

2-  3-34 

VI 

12-30-33 

IV 

9-  7-33 

I 

7-  3-34 

XII 

2-10-34 

VI 

11-  4-33 
11-27-33 

I 
III 

3-12-34 

VIII 

7-11-34 

XIII 

6-  9-34 

XI 

8-  1-34 

XIV 

Page 

961 

687 

601 

369 
331 

653 
507 
115 


706 
509 
591 
657 

640 
171 
327 

173 

579 

259 


545 


419 


461 
393 


1 

47 
263 
509 


659 


Industry 


Jewelry  Division.  {See  Wholesaling  or  Distribut- 
ing Trade.) 

Jewelry,  Medium  and  Low  Priced  —  Manufac- 
turing {see  also  Medium  and  Low  Priced 
Jewelry  Manufacturing) 

Jewelry,  Men's  Novelty  —  Division.  {See  Whole- 
saling or  Distributing  Trade.) 

Jewelry,  Precious  —  Producing  {see  also  Precious 
Jewelry  Producing) 

Jewelry,  Retail  —  Trade  {see  also  Retail  Jewelry 
Trade) 

Jobbers,  Button  —  or  Wholesalers'  Trade  {see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  15) 

Jobbers,  Cycle  —  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Jobbing  Shop  Division.  {See  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating  Supijlement,  No.  13.) 

Job  Galvanizing  Metal  Coating  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 


28). 


Johnson,  General  Hugh  S.,  Appointment  as  Ad- 
ministrator  

Johnson,  General  Hugh  S.  {See  Administra- 
tion —  Executive  Orders  —  National  Industrial 
Recovery  Act.) 

Joist,  Steel  {see  also  Steel  Joist) 

Jordan,  Beater  and  —  and  Allied  Equipment  {see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  7)--" 

Journal  Bearings,  Railway  Brass  Car  and  Loco- 
motive —  and  Castings  Manufacturing  {see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Jute,  Hair  and  —  Felt  {see  also  Hair  and  Jute 
Felt) 

Kalamein  {see  also  Construction  Supplement,  No. 
13). 


Kiln,  Cooler  and  Dryer  Manufacturing  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  21) 

Knife,  Table  and  Trade  —  Section.  {See  Cutlery, 
Manicure  Implement  and  Painters  and  Paper- 
hangers  Tool  Manufacturing  and  Assembling.) 

Knife,  Machine  —  and  Allied  Steel  Products 
Manufacturing  {see  also  Machine  Knife  and  Al- 
lied Steel  Products  Manufacturing) 

Knit  Elastic  Group,  Exemption  for  machine  and 
employee  hours  in  the.  {See  Underwear  and 
Allied  Products  Manufacturing.) 

Knit,  Leather  and  Woolen  —  Glove  {see  also 
Leather  and  Woolen  Knit  Glove) 

Knitted  Woolen  Goods  Division.  (See  Wool  Tex- 
tile Amendment,  No.  1.) 

Knitted  Outerwear 

Amendment,  No.  1 

Homework,  Approving  extension  of  time  for 
fixing  minimum  piecework  rates  for  —  in 
the 


Date 


12-23-33 

11-27-33 
11-27-33 

7-26-34 


5-17-34 
6-16-33 


8-  1-34     XIV 


Volume 


IV 


III 
III 


Page 


355 

365 
517 


XIV      369 


XI 
I 


5-14-34 

1-29-34 
10-31-32 


6- 

9-34 

6- 

12-34 

2- 

6-34 

11- 

■  4-33 

12- 
6- 

-18-33 
■  2-34 

2- 

6-34 

X 
V 

II 

XI 
XII 


VI 


II 


IV 
XI 


VI 


455 

711 

63 

871 

511 
199 
703 

431 


243 


367 


199 
383 


660 


80835—34 


660 


Industry 


Knitted  Outerwear — Continued. 

Piecework,  Appointing  committee  to  study  — 

rates  and  the  homework  q  uestion 

Stay,  Termination  of  —  for  manufacturers  of 

knitted  outerwear  for  infants  and  children _ 

Knitting,  Braiding  and  Wire  Covering  Machinery 

Amendment,  No.  1 

Label,  Gummed  —  and  Embossed  Seal  (see  also 

Gummed  Label  and  Embossed  Seal) 

Labeling,  Can  —  and  Can  Casing  Machinery 
Industry  and  Trade  {see  also  Packaging  Machin- 
ery Industry  and  Trade  Supplement,  No.  I) 

Label,  Fwulcs  and  regulations  concerning  —  bear- 
ing Emblems  or  Insignia  of  the  N.R.A 

Lal)els.      (.See  Graphic  Arts.) 

]>al)els,  Use  of  —  under  Code  of  Fair  Competition 

containing  mandatory  labor  provisions 

Laboratory,  Dental  (sec  also  Dental  Laboratory) 
Laboratory,  Motion  Picture  (see  also  Motion  Pic- 
ture Laboratory) 

Labor  Board,  Abolition  of  the  National 

Labor  Board,  Continuance  of  the  National  —  Etc 
Labor  Complaints  and   Di.sputes,   Procedure  for 

handling 

Labor  Provisions: 

Alcoholic  Beverage,  Importing 

Alcoholic  Beverage,  Wholesale 

Apprentice    training,    Application    of   —    of 

Codes  of  Fair  Competition  affecting 

Beet  Sugar 

Brewing 

Codes    of     Fair    Competition,     Regulations 

governing  the  posting  of  —  of 

Codes  of  Fair  Competition,  Rules  and  Regula- 
tions governing  the  posting  of  —  of 

Distilled  Spirits 

Distilled  Spirits,  Rectifying 

Extension  of  time  to  applv  for  official  copies 

of - 

Handicapped  Workers,  Prescribing  rules  and 
regulations  for  the  interpretation  and 
application  of  certain  —  of  Codes  of  Fair 

Competition  as  they  may  affect 

Homeworkers,  Application  of  —  of  Codes  to 
Labels,  Use  of  —  under  Codes  of  Fair  Com- 
petition containing  mandatory 

Retail  Food  and  Grocery  Trade 

Wholesale  Food  and  Grocery  Trade. . 

Lace   Division.     (See  Leather  Industry   Amend- 
ment, No.  L) 
Lace,  Embroidery  and  —  Division.     (*See  Whole- 
saling or  Distributing  Trade.) 

Lace  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Lace,  Nottingham  —  Curtain  (see  also  Notting- 
ham Lace  Curtain) 

Lace  Paper,  Fluted  Cup,  Pan  Liner  and  (see  also 

Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

Lacquered,  Leather  Cloth  and  —  Fabrics,  Window 
Shade  Cloth  and  Impregnated  Fabrics  Indus- 
tries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 
Fabrics  Industries 


Date 


4-20-34 

3-16-34 

10-  3-33 

2-17-34 

2-17-34 


5-  5-34 
1-17-34 


5-2S-34 
1-22-34 

9-  7-33 

6-29-34 

12-16-33 

7-27-34 

7-17-34 
5-22-34 

6-27-34 

10-27-33 

3-22-34 

2-28-34 

2-12  34 
3-21-34 
5-  3-34 

4-14-34 


2-17-34 
5-15-34 

5-28-34 
11-15-33 
11-15-33 


8-14-33 

12-23-33 

6-29-34 

11-  1-33 

2-17-34 


5-  3-34 


Volume 


IX 
VIII 

I 

VII 
VII 


X 
V 


XI 
V 

I 

XII 
VI 

XIV 

XIII 
X 

XII 

II 

VIII 

VII 

VI 

VIII 

IX 

IX 


VII 
X 

XI 

III 
III 


I 

IV 
XII 

II 

VII 


IX 


661 


Industry 


Lacquer,  Paint,  Varnish  and  —  Manufacturing 
{see  also  Paint,  Varnish  and  Lacquer  Manufac- 
turing)   

Lacquer,  Wholesale  Paint,  Varnish,  — ,  Allied  and 
Kindred  Products  Trade  (see  also  Wholesaling 
or  Distributing  Trade  Supplement,  No.  18) 

La  Crosse.      {See  Athletic  Goods  Manufacturing.) 

Ladder  Manufacturing 

Ladies'  Handbag 

Amendment,  No.  1 

Code  Administration,  Termination  of  exemp- 
tion for  collection  of  expense  of 

Ladle  and  Hot  Top  Refractories  Division.  (.See 
Refractories.) 

Lamp  Chimneys  and  Lantern  Globes  Division. 
(.S'ee  American  Glassware.) 

Lamp,  Portable  Electric  Lamp  and  Shade  (see  also 
Electrical  Manufacturing  Supplement,  No.  2)-- 

Last,  Shoe  (see  also  Shoe  Last) 

Lathing,  Contracting,  Plastering  and  (see  also 
Construction  Supplement,  No.  14) 

Lath,  Metal  —  Manufacturing  (see  also  Metal  Lath 
Manufacturing) 

Laundry  and  Dry  Cleaning  Machinery  Manufac- 
turing  

Laundry  Trade 

Amendment,  No.  1 

Amendment,  No.  2 

Suspension,  Partial  —  of  the  code  under  Serv- 
ice Trades  or  Industries 

Lawn  Mower,  Power  and  Gang  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  12)-- 

Law  Printers.      {See  Graphic  Arts.) 

Lead 


Lead  Mining  Division 

Lead  Pigments  Division 

Lead  Smelting  and  Refining  Division 

Metallic  Foil  Products 

Metallic  Lead  Products  Division 

Lead  Pigments  Division,  Exemption  from  the 
Trade  and  Marketing  provisions  for  the... 

Lead  Pencil,  Wood  Cased  —  Manufacturing  (see 
also  Wood  Cased  Lead  Pencil  Manufacturing)-. 

Leaf  Spring  Manufacturing  (see  also  Automotive 
Parts  and  Equipment  Manufacturing  Supple- 
ment, No.  3) 

Leather  and  Shoe  Findings  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 
9). 


Leather  and  Woolen  Knit  Glove 

Temporary  hours  modification  for  the  • —  in- 
dustry   

Leather  Industry 

Amendment,  No.   1 

American  Leather  Belting  Division 

Aprons  Division 

Canvas  Lug  Straps  Division 

Lace  Division 

Loom  Picer  Division 

Strapping  Division 

Leather  Cloth  and  Lacquered  Fabrics,  Window 
Shade  Cloth  and  Impregnated  Fabrics  Indus- 
tries   , 


Date 


10-31-33 


8-  4-34 

11-  8-33 
3-14-34 
7-  3-34 

7-27-34 


6-27-34 
4-23-34 

G-27-34 

3-17-34 

10-  3-33 

2-16-34 
5-17-34 
6-13-34 

6-13-34 

3-26-34 

5-24-34 
5-24-34 
5-24-34 
5-24-34 
5-24-34 
5-24-34 

6-27-34 

2-17-34 

7-18-34 


5-17-34 

11-  4-33 

12-  6^33 
9-  7-33 
2-16-34 
2-16-34 
2-16-34 
2-16-34 
2-16-34 
2-16-34 
2-16-34 


5-  3-34 


Volume 


II 


XIV 

II 

VIII 
XII 

XIV 


XII 
IX 

XII 

VIII 

I 

VI 

X 

XII 

XII 

VIII 

X 
X 
X 
X 
X 
X 

XII 

VII 

XIII 


XI 

II 

IV 

I 

VI 
VI 
VI 
VI 

vr 

VI 
VI 


IX 


169 


547 

619 

27 

379 

576 


501 
451 

487 

195 

437 

487 
557 
223 

631 

837 

355 
355 
355 
355 
355 
355 

666 

109 

631 


493 
367 

695 
287 
631 
631 
631 
631 
631 
631 
631 


607 


662 


Leather,  Luggage  and  Fancy  — -  Goods  {see  also 

Luggage  and  Fancy  Leather  Goods) 

Leather,  Shoe  and  —  Finish,  Polish,  and  Cement 
Manufacturing  (see  also  Shoe  and  Leather  Fin- 
ish, PoHsh,  and  Cement  Manufacturing) 

Leather  Working,  Hide  and  —  Machine  (see  also 

Hide  and  Leather  Working  Machine) 

Legitimate   Full-Length    Dramatic   and    Musical 

Theatrical 

Letters.     (See  Athletic  Goods  Manufacturing.) 
Library  Binding.     (iSee  Graphic  Arts.) 

Licorice 

Lift  Truck  and  Portable  Elevator  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  36) 

Light  Sewing  Industry  Except  Garments 

Comfortable  Division 

Covered  Carpet  Padding  Division 

Fabric  Auto  Equipment  Division 

Mattress  Cover  Division 

Motor  Robe  Division .. 

Quilting  Division 

Table  Pad  Division 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Lighting  Ecjuipment,  Artistic  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  37) 

Lightning  Rod  Manufacturing 

Lime 

Amendment,  No.  1  (Dolomite  Division) 

Lime,  Sand  —  Brick  (see  also  Sand-Lime  Brick)  _ 

Lime,  Soft  —  Rock  (see  also  Soft  Lime  Rock) 

Limestone 

Amendment,  No.  1 

Amendment,  No.  2 

Limitation.      (See  Cotton  Textile.) 
Liner,  Fluted  Cup,  Pan  —  and  Lace  Paper  (see 
also  Fluted  Cup,  Pan  Liner,  and  Lace  Paper)  _ . 
Lining,  Brake  —  and  Related  Friction  Products 

Division.     (<See  Asbestos.) 
Linings,    Clothiers'    —    Division.      (See    Cotton 

Textile  Supplement,  No.  1.) 
Linings,  All-Cotton  Clothing  —  Division.      (»See 
Cotton  Textile  Supplement,  No.  1.) 

Linoleum  and  Felt  Base  Manufacturers 

Liquefied  Gas 

Liquid,  Cylindrical  —  Tight  Paper  Container 
(see  also  Cylindrical  Liquid  Tight  Paper  Con- 
tainer)   

Lithographic    Plate,    Trade    —    Making.     (See 

Graphic  Arts.) 
Lithograhic  Printing.      (See  Graphic  Arts.) 
Loan,  Savings,  Building  and  —  Associations  (see 
also  Savings,  Building  and  Loan  Associations)  _ 
Lobster,  Wholesale  (see  also  Fisherv  Supplement, 

No.  2) -" 

Local  codes  for  uncodified  Service  Trades  or  In- 
dustries   


Date 

Volume 

10-  3-33 

I 

12-30-33 

•     IV 

3-  6-34 

VII 

8-16-33 

I 

6-  2-34 

XI 

6-23-34 

XII 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

5-  1-34 

X 

5-22-34 

X 

6-2»-34 

XII 

7-17-34 

XIII 

6-28-34 

XII 

4^19  34 

IX 

10-  3-33 

I 

2-10-34 

VI 

3-26-34 

VIII 

5-  7-34 

X 

11-14-33 

III 

5-14-34 

X 

7-27-34 

XIV 

2-17-34 

VII 

9-18-33 

I 

11-  8-33 

II 

2-  1-34 

VI 

12-21-33 

IV 

4-13-34 

IX 

6-28-34 

XII 

663 


Industry 


Locker,  Steel  —  Division.  {See  Business  Furni- 
ture, Storage  Equipment,  and  Filing  Supply.) 

Locomotive  Appliance  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  12) 

Locomotive  Appliance  Subdivision.  {See  Ma- 
chinery and  Allied  Products  Amendment,  No. 

Locomotive  Arch  Refractories  Division.     {See  Re- 
fractories.) 
Locomotive  Manufacturing  {see  also  Machinery 

and  Allied  Products  Supplement,  No.  3) 

Locomotive,  Railway  Brass  Car  and  —  Journal 
Bearings  and  Castings  Manufacturing  {see  also 
Railway    Brass   Car  and   Locomotive  Journal 

Bearings  and  Castings  Manufacturing) 

Locomotive,  Small  —  Manufacturing  {see  also 
Machinery   and   Allied   Products   Supplement, 

No.  4) 

Logging,   West  Coast  —  and  Lumber  Division. 

{See  Lumber  and  Timber  Products.) 
Loom    Picker   Division.     {See   Leather   Industry 
Amendment,  No.  1.) 

Loose  Leaf  and  Blank  Book 

Direct  Manufacturers  Division 

Trade  Manufacturing  Division 

Low,  Medium  and  —  Price  Jewelry  Manufactur- 
ing {see  also  Medium  and  Low-Priced  Jewelry 

Manufacturing) 

Lubricator,  Mechanical  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  10) 

Lubricator,     Mechanical    —    Subdivision.     {See 

Machinery  and  Allied  Products.) 
Lug,  Canvas  —  Straps  Division.     {See  Leather 
Industry  Amendment,  No.  1.) 

Luggage  and  Fancy  Leather  Goods 

Amendment,  No.  1 

Amendment,  No.  2 

Lumber  and  Timber  Products 

Cypress  Division 

Hardware  Dimension  Division 

Hardwood  Division 

Maple,  Beech,  and  Birch  Flooring  Division.. 

Northeastern  Softwood  Division 

Northern  Hemlock  Division 

Northern  Pine  Division 

Oak  Flooring  Division 

Red  Cedar  Shingle  Division 

Redwood  Division 

Southern  Pine  Division 

Veneer  Division ._ 

West  Coast  Logging  and  Lumber  Division 

Western  Pine  Division 

Wooden  Package  Division 

Woodwork  Division 

Amendments,  Nos.  1  and  2 ... 

Amendments,  Nos.  3  and  4 

Amendment,  No.  5 

Amendment,  No.  6 

Railroad  Cross  Tie  Division 

Amendment,  No.  7 

Amendment,  No.  8 

Amendment,  No.  9 ._. 

Specialty  Wood  Flooring  Division 


Date 

Volume 

6-  5-34 

XI 

4-30-34 

X 

1-29-34 

V 

5-  5-34 

X 

5-  1-34 

IX 

5-  1-34 

IX 

5-  1-34 

IX 

12-28-33 

IV 

6-  4-34 

XI 

10-  3-33 

3-10-34 

VII 

6-29-34 

XII 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

8-19-34 

10-  9-33 

12-  7-33 

IV 

3-23-34 

VIII 

3-30-34 

IX 

3-30-34 

IX 

4-  6-34 

IX 

4-13-34 

IX 

4-27-34 

X 

4-27-34 

X 

664 


Code 
No. 

! 

Industry 

Date 

Volume 

Page 

9 

Lumber  and  Timber  Products — Continued. 
Amendment,  No.  10 

5-  3-34 

6-  5-34 
6-11-34 
6-11-34 
6-19-34 
6-22-34 
6-22-34 
7-16-34 
7-27-34 
7-27-34 
7-27-34 
7-27-34 
8-  2-34 

10-20-33 

7-18-34 

8-  1-34 

5-  1-34 
7-18-34 

10-  3-33 
3-19-34 
1-29-34 
7-17-34 

4-19-34 

2-17-34 
3-10-34 
6-19-34 

1-23-34 

7-20-34 
3-  6-34 
2-  6-34 

10-  3-33 
12-  7-33 

2-  2-34 
5-10-34 

X 

XI 

XI 

XI 

XII 

XII 

XII 

XIII 

XIV 

XIV 

XIV 

XIV 

XIV 

II 

XIII 

XIV 

IX 
XIII 

I 

VII 

V 

XIII 

IX 

VII 
VII 
XII 

V 

XIII 

VII 

VI 

I 
III 

VI 
X 

519 

Amendment,  No.  11  _  .    _. 

393 

Amendment,  No.  12. .    .    . 

431 

Pole  and  Piling  Division 

431 

Amendment,  No.  13. 

249 

Amendment,  Xo.  14. .     _ 

269 

Crossarm  Divi.sion   ..      _    . 

269 

Amendment,  No.  15_.-  .    .      . 

323 

Amendment,  No.  16     ..        _    _. 

16,'» 

Amendment,  No.  17  ._  . 

171 

Amendment,  No.  18  .     _ 

175 

Wooden  Pail  and  Tub  Subdivision 

Amendment,  No.  19.   .  .        .        .      . 

175 
271 

Exemption,  Denial  of  application  for  —  by 
Greensboro  Lumber  Company 

Pole  and  Piling  Division,  Extension  of  time  to 
elect  members  to  Administrative  Agency... 

Pole  and  Piling  Division,  Stay  applicable  to 
the  selection  of  the  Administrative  Agency 
of  the  Cvpress  Subdivision.. 

696 
760 

59?, 

Railroad  Cross  Tie  Division,  Extending  time 
to  elect  member  of  Administrative  Agencies 
in  the   . _ 

946 

Railway  Cross  Tie  Division,  Extension  of  time 
to  make  reports      ____.._ 

761 

33 

Lumber  Products,   Retail  Lumber,  — ,   Building 
Materials    and    Building    Specialties    (see    also 
Retail    Luml^er,    Lumber    Products,    Building 
Materials,  and  Building  Specialties) .    __   . 

417 

300 

Lye       ._   ... 

??1 

234 

Macaroni   ..        .          _.        _ 

521 

Amendment,  No.  1 _   _        _ 

361 

Prices,  Further  stay  of  provisions  applicable 
to  open  . 

924 

Stay,  Modifying  —  of  Section  6,  Article  VI 
for  the  —  Industry    _      _ .                      _      . 

714 

327 

Machine-AppHed  Staple  and  Stapling  Machine 

Amendment,  No.  1 

579 
253 

228 

Machine,  Coin  Operated  —  Manufacturing      {see 
also  Coin  Operated  Machine  Maiuifacturing) 

Machine,   Envelope  —  Manufacturing   {see  also 
Machinery   and   Allied   Products   Supplement, 
No.  31)..'. 

435 
659 

320 

Machine,  Hide  and  Leather  Working  (see  also  Hide 
and  Leather  Working  Machine").      .. 

485 

263 

Machine  Knife  and  Allied  Steel  Products  Manu- 
facturing.   .          .              ... 

243 

32 

Machine,  Knitting,  Braiding,  and  Wire  Covering 
{see  also  Knitting,  Braiding,  and  Wire  Covering 
Machine) 

411 

144 

Machine,   Paper  Making  —    Builders     (see   also 
Paper  Making   Machine  Builders) 

543 

256 

Machine,  Schiffli,  the  Hand  —  Elmbroidery,  and 
the   Embroidery   Thread  and   Scallop   Cutting 
(see  also  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop   Cut- 
ting)   .                                       __      ... 

133 

Machine  Screw  Manufacturing  (.see  also  Fabricated 
Metal     Products     Manufacturing    and     Metal 
Finishing    and     Metal     Coating     Supplement, 
No.  23) .. 

829 

665 


Industry 


Volume 


Page 


Machine  Screw  Nut  Manufacturing  {see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Casing  Supplement, 

No.  20) 

Machine  Screw  —  Products  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  18) 

Machine,  Sewing  (see  also  Sewing  Machine) 

Machine  Shop,   Special  Tool,  Die,  and   [see  also 

Special  Tool,  Die,  and  Machine  Shop) 

Machine  Tool  and  Equipment  Distributing  Trade. 

Amendment,  No.  1 

Machine  Tool  and  Forging  Machinery 

Machine,  Washing  and  Ironing  —  Manufacturing 
{see  also  Washing  and  Ironing  Machine  Manu- 
facturing)   

Machine,  Washing  —  Parts  Manufacturing  {see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  29) 

Machined  Waste  Manufacturing 

Amendment,  No.  1 

Machinery  and  Allied  Products 

Air  Filter  Subdivision 

Bakery     Equipment     Manufacturing     Sub- 
division   

Beater   and   Jordan   And  Allied    Equipment 

Subdivision 

Caster  and  Floor  Truck  Manufacturing  Sub- 
division   

Cereal  Machinery  Subdivision 

Concrete  Mixer  Subdivision 

Contractors'  Pump  Subdivision 

Conveyor  And  Material  Preparation  Equip- 
ment Manufacturing  Subdivision 

Diamond    Core    Drill    Manufacturing    Sub- 
division   

Diesel  Engine  Manufacturing  Subdivision 

Envelope  Machine   Manufacturing  Subdivi- 
sion   

Hair  Clipper  Manufacturing  Subdivision 

Hoist  Builders  Subdivision 

Hoisting  Engine  Manufacturing  Subdivision, 

H j'draulic  Machinery  Subdivision 

Jack  Manufacturing  Subdivision 

Kiln,  Cooler,  and  Dryer  Manufacturing  Sub- 
division   

Locomotive  Manufacturing  Subdivision 

Mechanical  Lubricator  Subdivision 

Oil    Field    Pumping   Engine    Manufacturing 

Subdivision 

Power  Transmission  Subdivision 

Pulverizing  Machinery  and  Equipment  Sub- 
division   

Railway    and    Industrial    Spring    Manufac- 
turing Subdivision 

Railway  Appliance  Manufacturing  Subdivi- 
sion   

Reduction  Machinery  Subdivision 

Refrigerating  Machinery  Subdivision 

Rock  and  Ore    Crusher   Subdivision 

Roller  and  Silent  Chain  Subdivision 


5-34 


4-28-34 
4-21-34 

11-17-33 

11-27-33 

7-31-34 

11-  8-33 


11-  4-33 


5-1 7-34 
12-  7-33 
5-26-34 
3-17-34 
3-17-34 

3-17-34 

3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 

3-17-34 

3-17-34 
3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 

3-17-34 
3-17-34 
3-17-34 

3-17-34 
3-17-34 

3-17-34 

3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 


X 


X 
IX 

III 
III 

XIV 

II 


II 


XI 

III 

X 
VIII 
VIII 

VIII 

VIII 

VIII 
VIII 
VIII 
VIII 

VIII 

VIII 
VIII 

VIII 
VIII 
VIII 
VIII 
VIII 
VIII 

VIII 

VIII 
VIII 

VIII 
VIII 

VIII 

VIII 

VIII 
VIII 
VIII 
VIII 
VIII 


733 


659 
407 

187 
485 
223 
577 


461 


467 
607 
593 
231 
231 

231 

231 

231 
231 
231 
231 

231 

231 
231 

231 
231 
231 
231 
231 
231 

231 
231 
231 

231 
231 

231 

231 

231 
231 
231 
231 
231 


666 


Industry 


Machinery  and  Allied  Products — Continued. 

Rolling  Mill  Machinery  and  Equipment  Sub- 
division   

Sawmill  Machinery  Subdivision 

Small  Locomotive  Subdivision 

Sprocket  Chain  Subdivision 

Steam  Engine  Manufacturing  Subdivision 

Water  Meter  Manufacturing  Subdivision 

Waterpower  Equipment  Subdivision 

Water  Softener  and  Filter  Subdivision 

Wire  Machinery  Subdivision 

Woodworking  Machinery  Subdivision 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Chemical  Engineering  Equipment  Sub- 
division   

Electric  Overhead  Crane  Subdivision 

Locomotive  Appliance  Subdivision 

Amendment,  No.  4 

Gas-Powered   Industrial    Truck    Manu- 
facturing Subdivision 

Mechanical   Press    Manufacturing   Sub- 
division   

Multiple  V-belt  Drive  Subdivision 

Pulp  and  Paper  Machine  Subdivision 

Code  Authorities,  Extending  time  to  elect 

Supplement,  No.  1,  for  Steel  Tire  Manufac- 
turing  

Supplement,  No.  2,  for  Railway  and  Indus- 
trial Spring 

Supplement,  No.  3,  for  Locomotive  Manufac- 

f  acturing 

Amendment,  No.  1 

Supplement,    No.   4,   for  Small   Locomotive 

Manufacturing 

Supplement,  No.  5,  for  Wire  Machinery 

Supplement,   No.   6,  for  Woodworking   Ma- 
chinery   

Supplement,   No.  7,  for  Beater  and  Jordan 

and  Allied  Equipment 

Supplement,  No.  8,  for  Water  Meter  Manu- 
facturing  

Supplement,  No.  9,  for  Diamond  Core  Drill 

ISianufacturing 

Amendment,  No.  1 

Supplement,  No.   10,  for  Mechanical  Lubri- 
cator  

Supplement,  No.  11,  for  Contractors'  Pump_ 
Supplement,  No.  12,  for  Locomotive  Appli- 
ance   

Supplement,  No.  13,  for  Waterpower  Equip- 
ment  

Amendment,  No.  1 

Supplement,  No.  14,  for  Rolling  Mill  Machin- 
ery and  Efjuipment 

Supplement,  No.  15,  for  Pulverizing  Machin- 
ery and  Equipment 

Supplement,  No.  16,  for  Steam  Engine  Manu- 
facturing  

Supplement,    No.     17,    for    Rock    and    Ore 

Crusher 

Supplement,  No.  18,  for  Reduction  Machin- 
ery  


Date 

Volume 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

3-17-34 

VIII 

4-26-34 

X 

5-18-34 

X 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

5-28-34 

XI 

6-29-34 

XII 

6-29-34 

XII 

6-29-34 

XII 

6-29-34 

XII 

6-29-34 

XII 

7-25-34 

XIV 

4-23-34 

X 

4-23-34 

X 

4-30-34 

X 

5-12-34 

X 

5-  5-34 

X 

5-  9-34 

X 

5-14-34 

X 

5-14^34 

X 

5-16-34 

X 

5-31-34 

XI 

7-18-34 

XIII 

6-  4-34 

XI 

6-  5-34 

XI 

6-  5-34 

XI 

6-  7-34 

XI 

6-26-34 

XII 

6-  7-34 

XI 

6-  9-34 

XI 

6-11-34 

XI 

6-11-34 

XI 

6-11-34 

XI 

667 


Industry 


Machinery  and  Allied  Products — Continued. 

Supplement,    No.    19,    for    Hoisting    Engine 

Manufacturing 

Supplement,  No.  20,  for  Hoist  Builders 

Supplement,   No.   21,  for  Kiln,   Cooler,  and 

Dryer  Manufacturing 

Supplement,  No.  22,  for  Conveyor  and  Mate- 
rial Preparation  Equipment  Manufactur- 
ing   

Supplement,  No.  23,  for  Chemical  Engineer- 
ing Equipment 

Supplement,    No.   24,  for  Roller  and  Silent 

Chain 

Supplement,  No.  25,  for  Power  Transmission- 
Supplement,    No.   26,  for  Caster  and   Floor 

Truck  Manufacturing 

Supplement,    No.   27,  for   Mechanical   Press 

Manufacturing 

Supplement,  No.  28,  for  Water  Softener  and 

Filter 

Supplement,  No.  29,  for  Bakery  Equipment 

Manufacturing 

Supplement,    No.    30,    for    Multiple    V-Belt 

Drive 

Supplement,  No.  31,  for  Envelope  Machine 

^Ianuf  acturing 

Supplement,  No.  32,  for  Air  Filter 

Supplement,  No.  33,  for  Gas-Powered  Indus- 
trial Truck  Manufacturing 

Supplement,  No.  34,  for  Sprocket  Chain 

Supplement,  No.  35,  for  Oil  Field  Pumping 

Engine  Manufacturing 

Supplement,  No.  36,  for  Refrigerator  Ma- 
chinery   

Supplement,  No.  37,  for  Concrete  Mixer 

Supplement,  No.  38,  for  Jack  Manufacturing.. 
Supplement,  No.  39,  for  Railway  Appliance 

Manufacturing 

Supplement,  No.  40,  for  Diesel  Engine  Manu- 
facturing   

Supplement,  No.  41,  for  Hydraulic  Machin- 
ery  

Wages,  Providing  exemption  for  overtime 

Machinery,  Bottling  —  and  Equipment  Manufac- 
turing (see  also  Bottling  Machinery  and  Equip- 
ment Manufacturing) 

Machinery,  Can  Labeling  and  Can  Casing  —  In- 
dustry and  Trade  —  (see  also  Packaging  Ma- 
chinery Industry  and  Trade  Supplement,  No.  1). 
Machinery,    Canning  and    Packing  —    (see   also 

Canning  and  Packing  Machinery) 

Machinery,  Clay  {see  also  Clay  Machinery) 

Machinery,  Construction  —  Distributing  Trade 
(see  also  Construction  Machinery  Distributing 

Trade) 

Machinery,  Cotton  Ginning  —  Manufacturing 
(see  also  Cotton  Ginning  Machinery  Manufac- 
turing)   

Machinery,   Hydraulic    (see  also   Machinery  and 

Allied  Products  Supplement,   No.  41) 

Machinery,  Industrial  Supplies  and  —  Distribu- 
tors Trade  (see  also  Industrial  Supplies  and 
Machinery  Distributors  Trade) 


Date 


6-12-34 
6-12-34 

6-12-34 


6-19-34 

7-  5-34 

7-  5-34 
7-  6-34 

7-  7-34 

7-  9-34 

7-  9-34 

7-13-34 

7-13-34 

7-20-34 
7-21-34 

7-21-34 
7-21-34 

7-25-34 

7-30-34 

8-  1-34 
8-  1-34 

8-  1-34 

8-  1-34 

8-  2-34 
7-18-34 

4-  4-34 

5-  5-34 

10-31-33 
3-17-34 

1-23-34 


7-16-34  I  XIII 
8-  2-34  I  XIV 


Volume 


XII 
XII 

XII 


XII 

XII 

XII 
XIII 

XIII 

XIII 

XIII 

XIII 

XIII 

XIII 
XIII 

XIII 
XIII 

XIV 

XIV 
XIV 
XIV 

XIV 

XIV 

XIV 
XIII 

IX 

X 

II 

VIII 


10-23-33 


II 


Page 


417 
403 

431 


445 

573 

587 
509 

523 

535 

547 

595 

605 

659 
671 

683 
695 

357 

435 
477 
509 

523 

493 

535 

762 

71 

767 

219 
183 

369 

145 
535 

47 


668 


Industry 


Machinery,  Laundry  and  Dry  Cleaning  —  Manu- 
facturing (see  also  Laundry  and  Dry  Cleaning 
Machinery  Manufacturing) 

Machinery,  Machine  Tool  and  Forging  (see  also 
Machine  Tool  and  Forging  Machinery) 

Machinery,  Marine  Auxiliary  (see  also  Marine 
Auxiliary  Machinery) 

Machinery,  Packaging  —  Industry  and  Trade 
(see  also  Packaging  Machinery  Industry  and 
Trade) 

Machinery,  Paper  Box  —  Industry  and  Trade 
(see  also  Packaging  Machinery  Industry  and 
Trade  Supplement,  No.  2) 

Machinery,  Pulverizing  —  and  Equipment  (see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  15) 

Machinery,  Reduction  (see  also  Machinery  and 
Allied  Products,  Supplement,  No.  18) 

Machinery,  Refrigerating  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  36) 

Machinery,  Road  —  Manufacturing  (see  also 
Road  Machinery  Manufacturing) 

Machinery,  Rolling  Mill  —  and  Equipment  (see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  14) 

Machinery,  Shoe  (see  also  Shoe  Machinery) 

Machinery,  Stone  Finishing  —  and  Equipment 
(see  also  Stone  Finishing  Machinery  and  Equip- 
ment)   

Machinery,  Textile  (see  also  Textile  Machinery)  - . 

Machinery,  Used  Textile  —  and  Accessories  Dis- 
tributing Trade  (see  also  Used  Textile  Ma- 
chiner}-  and  Accessories  Distributing  Trade) 

Mackerel,  Atlantic  —  Fishing  (see  also  Fishery 
Supplement,  No.  4) 

Magnesia,  Asbestos  —  Products  Division,  (^ee 
Asbestos.) 

Malleable  Iron 

Malt  Products 

Manganese 

Mandatory  rules  and  regulations  for  completion  of 
Code  Making  (see  also  Code  Making) 

Manicure,  Cutlerj^,  —  Implement  and  Painters 
and  Paperhangers  Tool  Manufacturing  and 
Assembling  (see  also  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  10) 

Manicure  Stick  Bulk  Drinking  Straw,  Wrapped 
Drinking  Straw,  WraiJjjed  Toothpick,  and 
Wrapped  (see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Toothpick, 
and  Wrapped  Manicure  Stick) 

Maple,  Beecli,  and  Birch  Flooring  Division.  (See 
Lumber  and  Timber  Products.) 

Map  Publishers.      (.See  Graphic  Arts.) 

Maraschino  Cherry,  Preserve,  —  and  Glace  Fruit 
(see  also  Preserve,  Maraschino  Cherry  and  Glace 
Fruit) 

Marble  Quarrying  and  Finishing 

New  York  City  as  a  region.  Creation  of  Metro- 
politan District  of 

Marble,  Wholesale  Monumental  (see  also  Whole- 
sale Monumental  Marble) 


Date 

10-  3-33 

11-  8-33 
1-30-34 

10-31-33 

5-21-34 

6-  9-34 

6-11-34 

7-30-34 

10-31-33 


6-  7-34 
4-  6-34 


12-15-33 
10-  3-33 


4-  4-34 

5-  3-34 


11-27-33 
6-22-34 
5-11-34 

7-10-34 


3-26-34 


3-14-34 


6-  8-34 
5-  9-34 

5-24-34 

7-14-34 


Volume 

I 
II 
V 

II 

XI     515 

XI 

XI 

XIV 

II 


XI 
IX 


IV 

I 


IX 
X 


III 

XII 

X 

XIII 


VIII 


VIII 


XI 
X 

X 

XIII 


669 


Industry 


Volume 


Marine  Auxiliary  Machinery 

Marine  Goods,  Cork  —  Manufacturers  Division. 
{See  Cork.) 

Marking  Devices 

Amendment,  No.  1 

Mason  Contractors  {see  also  Construction  Supple- 
ment, No.  7) 

Masonry,  Concrete  (see  also  Concrete  MasonrjO-- 

Mastic  Tile,  Asphalt  and  {see  also  Asphalt  and 
Mastic  Tile) 

Match,  American  (see  also  American  Match) 

Mat,  Stereotype  Dry  (see  also  Stereotype  Dry 
Mat) 

Mattress  Cover  Division.  {See  Light  Sewing 
Industry  except  Garments.) 

Mayonnaise 

Amendment,  No.  1 

Mechanical,  Beauty,  and  Barber  Shop  —  Equip- 
ment Manufacturing  {see  also  Beauty  and 
Barber  Shop  Mechanical  Equipment  Manufac- 
turing)   

Mechanical  Lubricator  {see  also  Machinery  and 
AUied  Products  Supplement,  No.  10) 

Mechanical  Lubricator  Subdivision.  {See  Ma- 
chinery and  Allied  Products.) 

Mechanical  Packing 

Mechanical  Press  Manufacturing  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
27). 


Mechanical  Rubber  Goods  Division.     {See  Rub- 
ber Manufacturing.) 
Mediation     and     arbitration.     (*S'ee     Automobile 

Manufacturing.) 
Medicine,  Package  {see  also  Package  Medicine)  _- 
Medium  and  Low  Priced  Jewelry  Manufacturing 

Amendment,  No.  1 

Men's  Clothing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Men's  Garter,  Suspender,  and  Belt  Manufactur- 
ing (Changed  to  Garter,  Suspender,  and  Belt 
Manufacturing). 

Men's  Neckwear 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Trade  Practices,  Selling  and  delivery.  Stay  of. 
Men's  Novelty  Jewelry  Division.     {See  Wholesal- 
ing or  Distributing  Trade.) 
Men's  Wear  Buttons  Division.     {See  Wholesaling 

or  Distributing  Trade.) 
Men's    Wear,    Carded  - —   Division.     {See   Wool 

Textile  Amendment,  No.  L) 
Men's  Wear  Division.     {See  Wholesaling  or  Dis- 
tributing Trade  Supplement,  No.  15). 
Men's  Wear,   Worsted  —  Division.     {See  Wool 

Textile  Amendment,  No.  1.) 
Mercerizers.     {See  Cotton  Textile.) 
Merchandise,  Musical  —  Manufacturing  {see  also 

Musical  Merchandise  Manufacturing) 

Merchandise  Warehousing  Trade 


1-30-34 


10-20-33 
6-21-34 

4-19-34 
11-27-33 

12-  7-33 
12-30-33 

7-27-34 


3-21-34 
6-13-34 


2-16-34 

6-  4-34 

5-14-34 

7-  9-34 


5-15-34 
12-23-33 

6-26-34 

8-26-33 
12-15-33 
12-18-33 

4-14r-34 


3-24-34 
6-13-34 
6-15-34 
6-20-34 
7-20-34 
6-15-34 


II 
XII 

IX 
III 

III 
IV 

XIV 


VIII 
XII 


VI 
XI 

X 

XIII 


X 

IV 
XII 

I 

IV 

IV 
IX 


VIII 
XII 
XII 
XII 

XIII 
XII 


625 


13 
263 

863 
407 

617 
621 

17 


269 
225 


569 
619 

151 

535 


185 
355 
301 
229 
637 
649 
719 


467 
229 
243 
257 
443 
635 


1-16-34 
1-27-34 


191 
495 


670 


Industry 


Merchant  and  Custom  Tailoring 

Metal  and  Metal  Frame  Division.  {See  Picture 
Moulding  and  Picture  Frame.) 

Metal  Etching 

Metal,  Fabricated  —  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating) 

Metal,  Fiber  and  —  Work  Clothing  Button  Man- 
ufacturing (see  also  Fiber  and  Metal  Work 
Clothing  Button  Manufacturing) 

Metal,  Flexible  —  Hose  and  Tubing  Manufactur- 
ing {see  (Uso  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  33) 

Metal  Frame,  Metal  and  —  Division.  {See  Pic- 
ture Moulding  and  Picture  Frame.) 

Metal  Hat  Die  and  Wood  Hat  Block 

Hazardous    occupations,    Approving    a    list 
of 

Metal,  Job  Galvanizing  —  Coating  {see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  28) 

Metal  Lath  Manufacturing 

Metallic  Foil  Products  Division.      {See  Lead.) 

Metallic  Lead  Products  Division.     {See  Lead.) 

Metallic  Wall  Structure  Industrial  Subdivision 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

Metal  Polish,  Silver  and  —  Division.  {See  Furni- 
ture and  Floor  Wax  and  Polish  Amendment, 
No.  1.) 

Metal,  Roofing  and  Sheet  —  Contracting  {see  also 
Construction  Supplement,  No.  8) 

Metal,  Sheet  —  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Metals,  Scrap  Iron,  Nonferrous  Scrap  —  and 
Waste  Materials  Trade  {see  also  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 
Trade) 

Metals,  Smelting  and  Refining  of  Secondary  — 
into  Brass  and  Bronze  Alloys  in  Ingot  form 
{see  also  Smelting  and  Refining  of  Secondary 
Metals  into  Brass  and  Bronze  Alloys  in  Ingot 
Form) 

Metal  Tank 

Amendment,  No.  1 

Metal  Treating 

Amendment,  No.  1 

Metal  Window 

Meter,  Water  —  Manufacturing  (.see  also  Machin- 
ery and  Allied  Products  Supplement,  No.  8) 

Metropolitan,  Non  —  Newspaper  Publishing  and 
Printing.     {See  Graphic  Arts.) 

Mica 

Dry  Ground  Mica  Division 

Importing  Division 

Mining  Division 


Date 
7-31-34 
6-  4-34 

11-  2-33 
3-17-34 

5-24-34 

1-23-34 
8-  1-34 


5-17-34 
3-17-34 


1-10-34 


5-10-34 


3-12-34 


12-21-33 
12-15-33 
8-  2-34 
3-26-34 
6-27-34 
1-13-34 

5-16-34 


2-24-34 
2-24-34 
2-24-34 
2-24-34 


Volume 
XIV 
XI 

II 

VIII 

XI 

V 
XIV 


XI 
VIII 


X 


VIII 


IV 

IV 

XIV 

VIII 

XII 

V 

X 


VII 
VII 
VII 
VII 


Page 

47 

163 

327 
155 

543 

347 
594 


455 
195 


703 


817 


325 
47 
275 
529 
321 
133 

935 


297 
297 
297 
297 


671 


Industry 


Mica — Continued. 

Sheet  Mica  Division 

Wet  Ground  Mica  Division 

Amendment,  No.   1 

Milk  and  Ice  Cream  Can  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  30) 

Milk  Filtering  Materials  and  the  Dairy  Products 
Cotton  Wrappings 

Milk,  Paper  Disc  —  Bottle  Cap.  (See  also  Paper 
Disc  Milk  Bottle  Cap.) 

Mill,  Copper  and  Brass  —  Products  {See  also  Cop- 
per and  Brass  Mill  Products) 

Millinery 

Amendment,   No.   1 

Effective  date,  Extension  of - 

Expiration  date.  Extension  of 

Hours,  Granting  stay  of  —  provisions 

Stay,  Temporary  —  of  Article  IV,  Section  3 
for  the  —  Industrj' 

Millinery  and  Dress  Trimming  Braid  and  Textile- 
Millinery  and  Notion  Bag  Division.  {See  Paper 
Bag  Manufacturing.) 

Millinery,  Wholesale  ■ —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No.  5) 

Milling,  Raw  Peanut  {see  also  Raw  Peanut  Mill- 
ing)  

Mill,  Pulp  and  Paper  —  Wire  Cloth  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ijig  Supplement,  No.  44) 

Mill,  Rolling  —  Machinery  and  Equipment  {see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  14) 

Mill,  Steel  and  Rolling  —  Castings  Division. 
{See  Non-Ferrous  Foundry.) 

Mining  Division.      {See  Mica.) 

Mining,  Lead  —  Division.     {See  Lead.) 

Miscellaneous  Glassware  Division.  {See  American 
Glassware.) 

Miscellaneous  Sand  Castings  Division.  {See  Non- 
Ferrous  Foundry.) 

Miscellaneous,  Pewter,  Chromium  Plate  and  — 
Division.     {See  Silverware  Manufacturing.) 

Mixer,  Concrete  —  Subdivision.  (*See  Machinery 
and  Allied  Products.) 

Modification  of  President's  Reemployment  Agree- 
ment   

Modifications,  Rules  and  regulations  concern- 
ing —  and  exemptions  from  approved  Codes  of 
Fair  Competition 

Mould,  Ahuninum  Permanent  —  Castings  Di- 
vision.     {See  Non-Ferrous  Foundry.) 

Monkey,  .Adjustable  —  Wrenches  Division.  {See 
FaV^ricated  Mgtal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 

Monorail,  Electric  Hoist  and  —  Manufacturing. 
{See  also  Electric  Hoist  and  Monorail  Manufac- 
turing)         .    

Monumental  Granite,  Wholesale  (see  also  Whole- 
sale Monumental  Granite) 


Date 


2-24-34 
2-24-34 
7-31-34 


5-17-34 

4-19-34 

2-  1-34 

11-  2-33 
12-15-33 
3-24-34 
6-13-34 
5-11-34 
3-26-34 

1-12-34 
10-31-33 


4-16-34 
1-12-34 

7-30-34 
6-  7-34 


10-  3-33 
5-  5-34 


7-13-34 
5-31-34 


Volume 


VII 

VII 

XIV 


XI 
IX 
VI 

II 

IV 

VIII 

XII 

X 

VIII 

V 

II 


IX 
V 

XIV 
XI 


297 
297 
227 


481 

307 

15 

289 
1 
701 
629 
960 
876 

776 
149 


843 
99 

421 
679 


I 
X 


734 
957 


XIII 
XI 


115 

79 


672 


Industry 


Volume 


Monumental  Marble,  Wholesale  {see  also  Whole- 
sale Monumental  AIarl)le) 

Monument,  Retail  {sec  (ilso  Retail  Monument) .  _ 

Mop,  Dry  and  PoHshing  —  Manufacturing  {see 

also  Dry  and  Polishing  Mop  Manufacturing)  _  _ 

Mop  Stick 

Mop,  Wet  —  Manufacturing  (eee  also  Wet  Mop 

Manufacturing) 

Mortars,  High  Temperature  Bonding  —  Division. 

{See  Refractories.) 
Mosaic,  Terazzo  and  - —  Contracting  (see  also  Con- 
struction Supplement,  No.  15) 

Moth     Proof     Paper     Products     Division.      {See 
Paper  Bag  Manufacturing.) 

Motion  Picture 

Amendment,  No.  1 

Amendment,  No.  2 

Effect,  Extending  time  to  put  the  code  into- 
Explanation  of  Article  VI,  Part  2,  Section  8 

for  the  ■ —  Industry 

Fair  Practice  Provisions,   Providing  for 

Reports,  Extension  of  time  within  which  to 

file  recpiired  —  for  the  —  Industry 

Motion  Picture  Laboratory 

Motor  Bus 1 

Amendment,  No.  1 

Motorcycle  Manufacturing 

Motor  Fire  Ajiparatus  Manufacturing 

Amendment,  No.  1 

Motor    Robe    Division.      {See   Light   Sewing   In- 
dustry Except  Garments.) 

Motor  Vehicle  Retailing  Trade 

Amendment,  No.  1 .. 

Amendment,  No.  2 

Exemption  of  employers  in  towns  under  2,500 

population 

Sales    to    Governmental    Agencies,    Stay    of 

Code  provisions  relevant  to 

Motor  Vehicle  Storage  and  Parking  Trade 

Suspension  of  Code,  Partial 

Mould,    Cylinder  —  and   Dandy   Roll   {see  aha 

Cylinder  and  Dandy  Roll) 

Moulding,    Finished  —   Division.      {See   Picture 

Moulding  and  Picture  Frame.) 
Moulding,  Ornamental  —  ,  Carving  and  Turn- 
ing  (see  also    Ornamental  Moulding,   Carving 

and  Turning) 

Moulding,  Picture  —  and  Picture  Frame  {see  also 

Picture  Moulding  and  Picture  Frame) 

Mounting,  Trade  —  and  Finishing.    {See  Graphic 

Arts.) 
Mount,     Photographic     {see    also    Photographic 

Mount) 

Moving,  Household  Goods  Storage  and  —  Trade 
{see  also  Household  Goods  Storage  and  Moving 

Trade) 

Multiple  V-Belt  Drive  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  30) 

Musical,  Legitimate   Full-Length  Dramatic  and 
—  Theatrical  (.see  also  Legitimate  Full-Length 

Dramatic  and  Musical  Theatrical) 

Musical  Merchandise  Manufacturing 

Music  Printing.     (»See  Graphic  Arts.) 


7-14-34 
3-26-34 

12-15-33 
11-14-33 

1-23-34 


7-13-34 


11-27-33 
6-13-34 

7-27-34 
7-  3-34 

2-21-34 
6-  6-34 

3-  3-34 
9-  7-33 

10-31-33 
4-26-34 
3-17-34 

11-  8-33 
7-30-34 


10-  3-33 
4-20-34 
7-14-34 

5-29-34 

7-31-34 

12-  7-33 

5-28-34 

3-23-34 


2-  5-34 

VI 

1-16-34 

V 

2-17-34 

VII 

4-19-34  . 

IX 

7-13-34 

XIII 

8-16-33 
1-16-34 

I 
V 

XIII 
VIII 

IV 

III 


XIII 


III 

XII 
XIV 
XII 

VII 
XI 

VII 

I 
II 

X 
VIII 

II 

XIV 


I 

X 

XIII 

XI 
XIV 

III 

XI 
VIII 


673 


Code 
No. 


Industry 


52      Mutual  Savings  Banks 

Amendment,  No.  1 

200      Napkin,  Sanitary  —  and  Cleansing  Tissue   (see 
also  Sanitary  Napkin  and  Cleansing  Tissue)  _- 

321      Narrow  Fabrics 

Braided  Elastic  Division 

Braided  Non-Elastic  Division 

Woven  Elastic  Division 

Amendment,  No.  1 

Home  work,  Termination  of  stay  applicable 

to 

National  Industrial  Recovery  Act 

Administration  of 

Administration,  Providing  for  notice  of  pro- 
ceedings and  matters  in  the  —  of  the 

Appropriation,  Expenditures  out  of  alloca- 
tions from  the  —  for 

Authority,  Delegation  of  —  to  Administrator 
for  Industrial  Recovery  to  Prescribe  rules 

and  regulations 

Authority,  Delegation  of  —  to  Administrator 
for  Industrial  Recovery  to  Prescribe  rules 

and  regulations.  Etc 

Authority,  Rules  and  Regulations  under 
Section  10  (a)  and  Delegation  of  —  under 

Section  2  (b)  of  the 

Bulletin   Board,    Establishment  and   use   of 

Official  N  R.A 

Delegation  of  authority  under  section  9  to  the 

Secretary  of  the  Interior 

Enforcement  of  Section  7  (a)  of  the 

Enforcement  of  Section  7  (a)  of  the 

Labels,  Rules,  and  Regulations  concerning  — 
bearing  Emblems  or  Insignia  of  the  N.R.A 
Modify  agreements.  Authorizing  Administra- 
tor to  —  entered  into  or  approved  by  the 

President  under  Title  I  of  the 

National  Labor  Board,  Continuance  of  the  — , 

Etc 

Reemployment  Agreement,  Exemption  from 
the  President's  — •  of  employers  in  towns 

less  than  2,500  population 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  which  Delegated  to  the  — 

Certain  Authority  under  the 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  which  delegated  to  the  — 

certain  Authority  under  the 

Secretary  of  Agriculture,  Continuing  in  effect 
the  Authority  delegated  to  the  —  by  Ex- 
ecutive Order  No.  6182 

Tariff  relief.  Procedure  to  be  followed  for  — 

under  Section  3  (e)  of  the 

National  Labor  Board,  Abolition  of  the 

National  Labor  Board,  Continuance  of  the  — ,  Etc 

National  Labor  Relations  Board,  Creation  of 

National  Recovery  Review  Board: 

Abolition  of 

Creation  of 

Funds  for  the 

National  Sheltered   Workshops.     {See   Sheltered 
Workshops.) 


10-  9-33 
5-17-34 

1-12-34 
2-27-34 
2-27-34 
2-27-34 
2-27-34 
5-26-34 

4r-28-34 
6-16-33 
8-10-33 

12-21-33 

3-27-34 

2-  8-34 

2-  8-34 

10-14-33 

1-  6-34 

6-30-34 

2-  1-34 
2-23-34 

1-17-34 

11-22-33 
12-16-33 

10-23-33 

1-  8-34 

10-20-33 

7-21-33 

10-23-33 
6-29-34 

12-16-33 
6-29-34 

6-30-34 

3-  7-34 
3-  9-34 


Volume 


Page 


I 
X 

V 
VII 
VII 
VII 
VII 

X 

IX 

I 
I 

IV 
VIII 

VI 

VI 

VI 

V 

XII 

VI 

VII 


III 

VI 

II 

VI 
VI 
VI 

II 

XII 

VI 

XII 

XII 
VII 
VII 


623 
559 

59 
387 
387 
387 
387 
597 

943 
683 
729 

687 

863 

654 

655 

646 

768 

623 
652 

708 

778 

657 
648 

699 

649 

647 

645 

700 
617 
648 
617 

622 
709 
710 


674 


Industry 


Neckwear,  Men's  {see  also  Men's  Neckwear) 

Needlework,  Art  {see  also  Art  Needlework) 

Needlework  Industry  of  Puerto  Rico 

Amendment,  No.  1 

Negligee,  Undergarment  and  {see  also  Undergar- 
ment and  Negligee) 

Newspaper,  Daily  —  Publishing  Business  {see  also 

Daily  Newspaper  Publisliing  Business) 

Newsj^aper,  Non- Metropolitan  —  Publishing  and 
Printing.     {See  Graphic  Arts.) 

Newspaper  Printing  Press 

Newsprint 

New  York,  Inland  Water  Carrier  Trade  in  the 
Eastern  Division  of  the  United  States  Operating 
Via  the  —  Canal  System  {see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United   States   Operating   Via  the   New   York 

Canal  System) 

Nickel  and  Nickel  Alloys 

Nicotine  Group.      {See  Chemical  Manufacturing 

Supplement,  No.  1.) 
Nipple,    Pipe  —    Manufacturing    {see   also    Pipe 

Nipple  Manufacturing) 

Nonferrous  and  Steel  Convector  Manufacturing 

(Concealed  Radiator  Industry) 

Hazardous  occupations,  Approving  a  list  of__ 

Non-Ferrous  Foundry 

Aluminum  Permanent  Mold  Castings  Divi- 
sion   

Blast  Furnace  Castings  Division 

Miscellaneous  Sand  Castings  Division 

Steel  and  Rolling  Mill  Castings  Division 

Code  Administration,  Termination  of  exemp- 
tion for  collection  of  exj)enses  of 

Non-Ferrous  Hot  Water  Tank  Manufacturing 
{see  also  Fabricated  Metal  Products  Mainifac- 
turing  and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  14) 

Nonferrous  Scrap  Metals,  Scrap  Iron,  —  and 
Waste  Materials  Trade  {see  also  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 

Trade) 

Non-Metropolitan     Newspaper     Publishing    and 

Printing.      {See  Graphic  Arts.) 
Notion,    Millinery    and   —    Bag    Division.      {See 

Paper  Bag  Manufacturing.) 
Notion,  Thread  and  Women's  Garments  Division. 
{See  Wholesaling  or  Distributing  Trade.) 

Nottingham  Lace  Curtain 

Novelties.      {See  Silverware  Manufacturing.) 
Novelty,  Celluloid  Button,  Buckle  and  —  Manu- 
facturing {see  also  Celluloid  Button,  Buckle  and 

Novelty  Manufacturing) 

Novelty  Curtain,  Draperies,  Bedspreads,  and  Nov- 
elty Pillow 

Amendment,  No.  1 

Novelty  Jewelry,  Men's  —  Division.  {See  Whole- 
saling or  Distributing  Trade.) 
Nut,  Machine  Screw  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  20) 


Date 

3-23-34 
3-16-34 
6-28-34 
7-20-34 

4-27-34 

2-17-34 


3-  5-34 
11-17-33 


2-  6-34 
5-24-34 


11-27-33 

2-10-34 

8-  4-34 

12-18-33 

12-18-33 
12-18-33 
12-18-33 
12-18-33 

7-27-34 


4-  4-34 


3-12-34 


11-  1-33 


4-20-34 

11-  1-33 
7-30-34 


5-  5-34 


Volume 


VIII 

VIII 

XII 

XIII 

IX 

VII 


VII      473 
III      103 


VI 
X 


III 

VI 

XIV 

IV 

IV 
IV 
IV 
IV 

XIV 


IX 


VIII 


II 


IX 

II 

XIV 


X      733 


675 


Industry 


Volume 


Nozzle,  Sleeve,  — ,  and  Runner  Brick  and  Tuyeres 
Division.     {See  Refractories.) 

Oak  Flooring  Division.  {See  Lumber  and  Tim- 
ber Products.) 

Office  Equipment  Manufacturers 

Office  Furniture,  Steel  —  Division.  {See  Busi- 
ness Furniture,  Storage  Equipment,  and  Filing 
Supply.) 

Office  Outfitting,  Commercial  Stationery  and  — 
Trade  {sec  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  3) 

Official,  Establishment  and  use  of  —  N.R.A.  Bul- 
letin Board 

Oil  Burner 

Amendment,  No.  1 

Oil  Burning  Equipment,  Industrial- —  Manufactur- 
ing {see  also  Industrial  Oil  Burning  Equipment 
Manufacturing) 

Oil  Field  Pumping  Engine  Manufacturing  {sej  also 
Machinerv  and  Allied  Products  Supplement, 
No.  35)  _  J 

Oil.      {See  Petroleum.) 

Oil,  Sulphonated  —  Manufacturing  {see  also  Sul- 
phonated  Oil  Manufacturing) 

Oil,  Table  —  Cloth  {see  also  Table  Oil  Cloth) ___ 

Olive,  Imported  Green  (see  also  Imported  Green 
Olive) 

Open  Paper  Drinking  Cup  and  Round  Nesting 
Paper  Food  Container 

Open  Steel  Flooring  (Grating)  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Supple- 
ment, No.  41) 

Optical  Manufacturing 

Optical  Retail  Trade 

Optical  Wholesale  Industry  and  Trade 

Ore  Crusher,  Rock  and  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  17) 

Organ,  Pipe  {see  also  Pipe  Organ) 

Ornamental  Moulding,  Carving  and  Turning 

Amendment,  No.  1 

Outdoor  Advertising  Trade 

Outerwear,  Knitted  —  Division.  {See  Whole- 
saHng  or  Distributing  Trade  Supplement,  No.  8). 

Outerwear,  Knitted  (see  also  Knitted  Outerwear) 

Oxy-Acetylene 

Amendment,  No.  1 

Oj'ster,  Fresh  (see  also  Fishery  Supplement,  No. 
1) 

Oyster  Shell  Crushers 

Pacific  Coast  Section  of  the  Soap  and  Glycerine 
Manufacturing  (see  also  Soap  and  Gylcerine 
Manufacturing  Supplement,  No.  1) 

Packaged  Fuel,  Charcoal  and  • —  Division.  {See 
Wholesaling  or  Distributing  Trade.) 

Package  Medicine 

Package,  Steel  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
25) 


11-  4-33 


3-16-34 

1-  6-34 

9-18-33 

10-  3-33 


7-30-34 

7-25-34 

6-26-34 
2-  2-34 

7-24-34 

3-26-34 


7-11-34 

10-  9-33 

6-  4-34 

5-31-34 

6-11-34 
1-16-34 
2-  5-34 
4-28-34 
2-24-34 


12-18-33 

12-15-33 

7-26-34 

3-10-34 
6-  2-34 


6-29-34 
5-15-34 

5-16-34 


II 


VIII 


XIV 

XIV 

XII 
VI 

XIV 

VIII 


XIII 

I 

XI 

XI 

XI 
V 

VI 
X 

VII 


IV 

IV 

XIV 

VII 
XI 


XII 


X 


X 


693 
125 


525 
185 

907 


80835—34- 


-38 


676 


Industry 


Volume 


Package,  Wooden  —  Division.     {See  Lumber  and 
Timber  Products.) 

Packaging  Machinerj' 

Amendment,  No.  1 

Supplement,  No.  1  for  Can  Labeling  and  Can 

Casing  Machinery  Industry  and  Trade 

Supplement,  No.  2  for  Paper  Box  Machinery 

Industry  and  Trade 

Packing,    Canning   and  —    Machinery    (see   also 

Canning  and  Packing  Machinery) 

Packing,  Imported  Date  (see  also  Imported  Date 

Packing) 

Packing,  Mechanical  (see  also  Mechanical  Pack- 
ing)   

Padding,  Batting  and  (see  also  Batting  and  Pad- 
ding)  _-- 

Padding,     Covered    Carpet    —    Division.     (<See 

Light  Sewing  Industry  Except  Garments.) 
Pad,  Shoulder — ■  Manufacturing  {see  also  Shoulder 

Pad  Manufacturing) 

Pad,  Table  • —  Division.  {See  Light  Sewing  In- 
dustry Except  Garments.) 
Paint  and  Varnish  Brush  Manufacturers'  Divi- 
sion. {See  Brush  Manufacturing.) 
Painters,  Cutlery,  Manicure  Implement  and  — 
and  Paperhangers  Tool  Manufacturing  and 
Assembling  {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 

Coating  Supplement,  No.  10) 

Painting,  Paperhanging,  and  Decorating  (see  also 

Construction  Supplement,  No.  2) 

Painting,    Spray    —    and    Finishing    Equipment 
Manufacturing    (see   also   Spray    Painting  and 

Finishing  Equipment  Manufacturing) 

Paint,  Varnish,  and  Lacquer  Manufacturing 

Amendment,  No.  1 

Putty  Division 

Amendment,  No.  2 

Paint,  Wholesale  — ,  Varnish,  Lacquer,  Allied  and 
Kindred  Products  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  18) 

Pajama     Manufacturers.      (<S'ee     Cotton     Textile 
Industry.) 

Paper  and  Pulp 

Paper,  Asbestos  —  and  Allied  Products  Division. 
{See  Asbestos.) 

Paper  Bag  Manufacturing 

Banana  and  Dry  Cleaner  or  Garment  Deliv- 
ery Bag  Division 

Coffee  Bag  Division 

Glassing  Bag  Division 

Grocery  Bag  Division 

Millinery  and  Notion  Bag  Division 

Moth  Proof  Paper  Products  Division 

Shopping  Bag  Division 

Wholly  or  Semi-Hand  Made  Bag  Division 

Window-Face  Bag  Division 

Paperboard  M anuf acturers 

Paper  Box   Machinery  Industry  and  Trade   {see 
also  Packaging  Machinery  Industry  and  Trade 

Supplement,  No.  2) 

Paper,  Cylindrical  Liquid  Tight  —  Container  {see 
also  Cylindrical  Liquid  Tight  Paper  Container) ._ 


10-31-33 
7-17-34 

II 
XIII 

5-  5-34 

X 

5-21-34 

XI 

10-31-33 

II 

7-22  34 

XIII 

5-14-34 

X 

5-  5-34 

X 

2-  5-34 


VI 


3-26-34 
3-12-34 


4-19-34 
10-31-33 
3-  2-34 
3-  2-34 
6-27-34 


VIII 
VIII 


IX 

II 

VII 

VII 

XII 


8-  4-34     XIV 


11-17-33 


1-26-34 


1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

11-  8-33 

II 

5-21-34 

XI 

2-  1-34 

VI 

III 


677 


Industry  Date 


Paper  Disc  Milk  Bottle  Cap 2-  1-34 

Paper  Distributing  Trade 12-23-33 

Wages  of  Labor,  Approval  of  application  for 

allowance  for 6-  7-34 

Wages  of  Labor,  Extension  of  time  limit  for 

Section  4  of  Article  VIII  for 6-20-34 

Wages  of  Labor,  Stav  of  Administrative  Order 

Number  176-6  relevant  to 6-20-34 

Wages  of  Labor,  Stay  of  Order  providing  al- 
lowance for 7-1 1-34 

Paper,  Fluted  Cup,  Pan  Liner  and  Lace  (see  also 

Fluted  Cup,  Pan  Liner  and  Lace  Paper) 2-17-34 

Paper,    Folding  —  Box    (see   also   Folding    Paper 

Box) 12-30-33 

Paper,  Food  Dish  and  Pulp  and  —  Plate  (see  also 

Food  Dish  and  Pulp  and  Paper  Plate) 2-  1-34 

Paper,   Glazed  and  Fancv   (see  also  Glazed  and 

Fancy  Paper) 1 2-  1-34 

Paperhangers,  Cutlery,  Manicure  Implement  and 
Painters  and  —  Tool  Manufacturing  and  As- 
sembling (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No .  10) 3-26-34 

Paper  Makers'  Felt 5-11-34 

Paper  Making  Machine  Builders 12-  7-33 

Paper  Moth  Proof  —  Products  Division  (see  Paper 
Bag  Manufacturing.) 

Paper,  Open  —  Drinking  Cup  and  Round  Nesting 
Paper  Food  Container  (see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) 3-26-34 

Paper  Products,  Expanding  and  Specialty  (see  also 

Expanding  and  Specialty  Paper  Products) 3-26-34 

Paper,  Pulp  and  —  Machinery  Subdivision.  (See 
Machinerv  and  Allied  Products  Amendment, 
No.  4.) 

Paper,  Pulp  and  —  Mill  Wire  Cloth  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  44) 7-30-34 

Paper,  Set  Up  —  Box  Manufacturing  (see  also  Set 

Up  Paper  Box  Manufacturing) 12-1 8-33 

Paper  Stationery  and  Tablet  Manufacturing 12-30-33 

Paper,  Wall  —  Division.  (See  Wholesaling  or 
Distributing  Trade.) 

Paper,  Waste  —  Trade  (see  also  Scrap  Iron,  Non- 
ferrous  Scrap  Metals  and  Waste  Materials  Trade 
Supplement,  No.  1) 7-12-34 

Paper,  Waterproof  (see  also  Waterproof  Paper) 2-17-34 

Paper,  Waxed  (see  also  Waxed  Paper) 12-18-33 

Parking  Trade,   Motor  Vehicle  Storage  and  (see 

also  Motor  Vehicle  Storage  and  Parking  Trade).    12-  7-33 

Parts,  Automotive  —  and  Equipment  Manufac- 
turing (see  also  Automotive  Parts  and  Equip- 
ment Manufacturing) 11-  8-33 

Parts,  Washing  Machine  —  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup-  ' 
plement,  No.  29) 5-17-34 

Pasted  Shoe  Stock j     5-  3-34 

Pattern,  Shoe  —  Manufacturing   (see  also  Shoe 

Pattern  Manufacturing) I     5-26-34 


Volume 

VI 
IV 

XIII 

XII 

XII 

XIII 

VII 

IV 

VI 

VI 


VIII 
X 

III 


VIII 
VIII 


XIV 


15 

375 

724 
646 
647 
743 
175 
591 
29 
41 


823 
129 
543 


567 

553 


421 


IV   243 
IV   559 


XIII  :  575 

VII  i  163 

IV  i  233 

! 
Ill   577 


II   599 


XI 
IX 


467 
567 


X   397 


678 


Industry 


Peanut  Butter 

Amendment,  No.  1 

Peanut,   Raw  —  Milling  (see  also  Raw  Peanut 
Milling) 

Pearl  Button,  Fresh  Water  —  Manufacturing  (see 
also  Fresh  Water  Pearl  Button  Manufacturing) 
Pencil,  Wood  Cased  Lead  —  Manufacturing  (see 
also  Wood  Cased  Lead  Pencil  Mainifacturing). 
Pennants.  {See  Athletic  Goods  Manufacturing.) 
Perfmne,  Cosmetic  and  Other  Toilet  Preparations 
Periodical  Publishing  and  Printing.     (See  Graphic 

Arts.) 
Permanent  Mold,  Aluminum  —  Castings  Supple- 
ment.     {See  Non-Ferrous  Foundry.) 
Permanent  Staj%  Granting  —  of  exemption  from 
Codes  of  Fair  Competition  in  connection  with 

sales  to  Hospitals  for  certain  Industries 

Personnel,    Authorization    of    Administrator    to 
appoint   — ,    fix    compensations    and    conduct 

hearings 

Petroleum 

Administration  given  to  Secretary  of  Interior 
Contracts,  Government  —  and  contracts  in- 
volving the  use  of  government  funds.  Con- 
tracts between  the  U.S.  Government  and_. 
Transportation,  Prohibition  of  —  of  Unlaw- 
ful Production 

Transportation,  Prohibition  of  —  of  Unlaw- 
ful Production 

Petroleum  Equipment  Industry  and  Trade  (Ameri- 
can)  

Pewter,   Chromium   Plate  and   Miscellaneous  — 
Division.      {See  Silverware    Manufacturing.) 

Photo-Engraving 

Continuing  in  effect  as  a  separate  code 

Photographic  and  Photo  Finishing 

Commercial  Photography  Division 

Photo  Finishing  Division 

Portrait  Photography  Division 

Code  Authority,  Extension  of  time  for  elec- 
tion of  permanent 

Photographic  Manufacturing 

Photographic  Mount 

Photo-Lithographing.     (>See  Graphic  Arts.) 

Piano  Manufacturing 

Pickery,  Cotton  (.see  also  Cotton  Pickery) 

Picture  Frame.      (.See  Picture  Moulding  and  Pic- 
ture Frame.) 

Picture,  Motion  (see  also  Motion  Picture) 

Picture,  Motion  —  Laboratory  {see  also  Motion 

Picture  Laboratory) 

Picture  Moulding  and  Picture  Frame 

Empty  Picture  Frame  Division 

Finished  Moulding  Division 

Fitted  Picture  Frame  Division 

Metal  and  Metal  Frame  Division 

Raw  Moulding  Division 

Picture  Publishing  and  Picture  Importers.     {See 

Graphic  Arts.) 
Pie  Bakers'  Division.     (.S'ee  Baking.) 
Piece  Goods  Selling  Division.      (<S'ee  Wool  Textile 
Amendment,  No.  1.) 


Date 

4-  4-34 
5-19-34 

1-12-34 

2-26-34 

2-17-34 

3-23-34 


3-  3-34 


7-15-33 
8-19-33 
8-29-33 


7-26-34 

7-11-33 

7-14-33 

11-  2-33 


12-23-33 
4-21-34 
3-23-34 
3-23-34 
3-23-34 
3-23-34 

5-31-34 
8-19-33 
2-17-34 

11-  4-33 
5-17-34 


11-27-33 

9-  7-33 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 


Volume 

IX 
X 

V 

VII 

VII 

VIII 


VII 


Page 


55 
581 


XIV 

I 

I 

II 


IV 
IX 
VIII 
VIII 
VIII 
VIII 

XI 

I 

VII 

II 

X 


III 
I 

V 
V 
V 
V 
V 
V 


679 


Industry 


Volume 


Piecework,  Approving  extension  of  time  for  fixing 
minimum  —  rates  for  home  work  in  the.  (See 
Knitted  Outerwear  Industry.) 

Pigments,  Lead  - —  Division.     (See  Lead.) 

Piling,  Pole  and  —  Division.  [See  Lumber  and 
Timber  Products  Amendment,  No.  12.) 

Pillow,  Novelty  Curtain,  Draperies,  Bedspreads 
and  Novelty  (see  also  Novelty  Curtain,  Draper- 
ies, Bedspreads  and  Novelty  Pillow) 

Pin,  Dowel  —  Manufacturing  (see  also  Dowel  Pin 
Manufacturing) 

Pine,  Northern  - —  Division.  (See  Lumber  and 
Timber  Products.) 

Pin,  Wooden  Insulator  —  and  Bracket  Manu- 
facturing (see  also  Wooden  Insulator  Pin  and 
Bracket  Manufacturing) 

Pipe,  Adjustable  —  Wrenches  Division.  (See 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 
No.  15.) 

Pipe,  Cast  Iron  Pressure  (see  also  Cast  Iron  Pres- 
sure Pipe) 

Pipe,  Cast  Iron  Soil  (see  also  Cast  Iron  Soil  Pipe) . 

Pipe,  Concrete  ■ —  Manufacturing  (see  also  Con- 
crete Pipe  Manufacturing) 

Pipe  Nipple  Manufacturing 

Pipe  Organ 

Pipe,  Smoking  —  Manufacturing  (see  also  Smok- 
ing Pipe  Manufacturing) 

Pipe,  Vitrified  Clay  Sewer  ■ —  Manufacturing  (see 
also  Vitrified  Clay  Sewer  Pipe  Manufacturing) . . 

Pipe,  Warm  Air  —  and  Fittings  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  31) 

Piping,  Heating,  — ,  and  Air  Conditioning  Con- 
tractors'   (see   also    Construction    Supplement. 

No.  16) :. 

Plan  for  completion  of  Code  Making  (see  also 
Code  Making) 

Planning  and  Adjustment  Board,  Appointing 
Chairman  for  the  —  for  Construction 

Planning  and  Fair  Practice  Agency.  (See  Ship- 
building and  Ship  Repairing,  Amendment,  No. 
1.) 

Plastering  and  Lathing  Contracting  (see  also  Con- 
struction Supplement,  No.  14) 

Plastic  Products,  Preformed  (see  also  Preformed 
Plastic  Products) 

Plastic  Refractories  Division.     (See  Refractories). 

Plated.     (See  Silverware  Manufacturing.) 

Plate,  Food  Dish  and  Pulp  and  Paper  (see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Plate,  Pewter,  Chromium  — ■  and  Miscellaneous 
Division.     (See  Silverware  Manufacturing.) 

Plate,  Steel  —  Fabricating  (see  also  Steel  Plate 
Fabricating) 

Plate,  Trade  Lithographic  —  Making.  (See 
Graphic  Arts.) 

Playing  Cards.     (See  Graphic  Arts.) 

Playthings,  Toy  and  (see  also  Toy  and  Playthings). 


11-  1-33 
5-22-34 

3-16-34 


12-30-33 
9-  7-33 

12-30-33 

11-27-33 

1-16-34 

1-23-34 

11-27-33 


5-18-34 

7-25-34 
7-10-34 
6-  6-34 

6-27-34 
3-23-34 

2-  1-34 

4-  6-34 

11-  4^33 


II 
X 

VIII 


IV 

I 

IV 

III 

V 
V 

III 


XI 

XIV 
XIII 

XI 

XII 
VIII 

VI 

IX 

II 


263 
329 

115 


579 
259 

497 
379 
203 

393 

445 


501 

331 
734 

789 

487 
409 

29 

233 

353 


680 


Industry 


Volume 


Pleating,  Stitching  and  Bonnaz  and  Hand  Em- 
broidery   2-10-34 

Amendment,  No.  1 7-12-34 

Pledge,  Providing  for  the  design  and  use  of  insig- 
nia, specifying  —  to  be  signed,  and  appointing 
National  Committee  for  Sheltered  Workshops..      5-11-34 

Pliers,  Adjustable  Wrenches  and  - —  Division  [see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  15). 

Plug,  Wood  {see  also  Wood  Plug) 1 1-14-33 

Plumbago  Crucible 10-23-33 

Plumbing  Contracting  {see  also  Construction  Sup 

plement.  No.  9) 5-15-34 

Plumbing  Fixtures 1-13-34 

Enameled  Cast  Iron  Plumbing  Fixtures  Divi- 
sion       1-13-34 

Sanitarj'  Brass  Plumbing  Fittings  Division 1-13-34 

Sanitary  Seats  Division t     1-13-34 

Vitreous  China  Plumbing  Fixtures  Division..      1-13-34 

Amendment,  No.  1 i     1-31-34 

Amendment,  No.  2 4-23-34 

Range  Boiler  Manufacturing |     4-23-34 

Pole  and  Piling  Division.  {See  Lumber  and  Tim- 
ber Products  Amendment,  No.  12.)  I 

Polish,   Furniture  and  Floor  Wax  and   (see  also  i 

Furniture  and  Floor  Wax  and  Polish) 1-23-34 

Polishing,  Buffing  and  ■ —  Composition   {see  also 

Buffing  and  Polishing  Composition) 11-  4-33 

Polishing,  Dry  and  —  Mop  Manufacturing  (see 

also  Dry  and  Polishing  Mop  Manufacturing) 12-15-33 

Polishing   Wheel,    Buff   and    (see  also   Buff  and 

Polishing  Wheel) 11-  4-33 

Polish,  Shoe  and  Leather  Finish,  — ,  and  Cement 
Manufacturing  (see  also  Shoe  and  Leather  Fin- 
ish, Polish,  and  Cement  Manufacturing) !   12-30-33 

Polo.     {See  Athletic  Goods  Manufacturing.)  I 

Porcelain  Breakfast  Furniture  Assembhng 1-30-34 

Amendment,  No.  1 7-27-34 

Porcelain,  Chinaware  and  —  Manufacturing  (see 

also  Chinaware  and  Porcelain  Manufacturing)..    11-27-33 

Porcelain  Enameling  Manufacturing  (see  also  Fab-  '> 
ricated  Metal  Products  Manufacturing  and  1 
Metal  Finishing  and  Metal  Coating  Supple-  I 
ment.  No.  13) i     3-31-34 

Portable  Electric  Lamp  and  Shade  (see  also  Elec- 
trical Manufacturing  Supplement,  No.  2) 6-27-34 

Portable  Elevator,  Lift  Truck  and  —  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  36) 6-23-34 

Portrait  Photography  Division.  ((S'ee  Photo- 
graphic and  Photo  Finishing.) 

Posters.      (»S'ee  Graphic  Arts.) 

Post  Hole  Digger,  Shovel  and  —  Division.  {See 
Tool  and  Implement  Manufacturing  Industry 
Supplement.) 

Pottery  Supplies  and  Backwall  and  Radiant 2-16-34 

Powder  Puff 1-17-34 

Power  and  Gang  Lawn  Mower  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  12) 3-26-34 


VI 
XIII 


X 


III 
II 

X 

V 

V 
V 
V 
V 
V 
X 
X 


V 

II 

IV 

II 

IV 

V 
XIV 

III 

IX 
XII 

XII 


VI 
V 


VIII 


681 


Industry 


Powers,    Delegating.     {See   Administration — Na- 
tional Industrial  Recovery.) 
Power    Transmission    (see    also    Machinery    and 

Allied  Products  Supplement,  No.  25) 

Precious  Jewelry  Producing 

Amendment,  No.  1 

Preformed  Plastic  Products 

Amendment,  No.  1 

Preserve,  Maraschino  Cherry  and  Glace  Fruit 

Preserving,  Wood  (see  also  Wood  Preserving) 

President's  Reemployment  Agreement: 

Exception   for  retail   and   service   trades   in 

towns  of  less  than  2,500  population 

Exempting  employers  in  towns  of  less  than 

2,500  population 

Extension  of  the 

Modification 

Motor  Vehicle  Retailing  Trade,  Exemption  of 

employers  in  towns  under  2,500  popula,tion 

Pressed     Glassware     Division.     {See     American 

Glassware.) 
Press,  Mechanical  —  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 

27) 

Press,   Newspaper  Printing   (see  also  Newspaper 

Printing  Press) 

Pressure,  Cast  Iron  —  Pipe  (see  also  Cast  Iron 

Pressure  Pipe) 

Printer's  Rollers 

Amendment,  No.  1 

Printing  Equipment  Industry  and  Trade 

Amendment,  No.  1 

Printing  Ink   Manufacturing 

Printing  Machine  Operation.     {See  Cotton  Tex- 
tile.) 
Printing,  Non-Metropolitan  Newspaper  Publish- 
ing and.      {See  Graphic  Arts.) 
Printing  Press,   Newspaper  (see  also  Newspaper 

Printing  Press) 

Printing,   Rayon  and  Silk  Dyeing  and   (see  also 

Rayon  and  Silk  Dyeing  and  Printing) 

Temporarj'  Code  Approved 

Print  Roller  and  Print  Block  Manufacturing 

Print,  Textile  —  Roller  Engraving  (see  also  Tex- 
tile Print  Roller  Engraving) 

Prison  Equipment  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

39) 

Prison  Industries,  Compact  of  Fair  Competition 

for  the  —  of  the  United  States  of  America 

Private  H  ome  Study  School 

Procedure,  Providing  complaint  —  through  "offi- 
cially authorized"  Code  Authorities 

Processing,  Rug  Chemical  —  Trade  (see  also  Rug 

Chemical  Processing  Trade) 

Processing,  Textile  (see  also  Textile  Processing) __. 
Producers,  Fire  Clay  —  Division.      {See  Refrac- 
tories.) 
Proofing,    Automobile   Fabrics,  —  and   Backing 

Division.     {See  Rubber  Manufacturing.) 
Public  Seating 


Date 

Volume 

7-  6-34 
11-27-33 
6-26-34 
3-23-34 
6-23-34 
6-  8-34 
7-13-34 

XIII 

III 

XII 

VIII 

XII 

XI 

XIII 

5-15-34 

X 

10-23-33 

4-14-34 

10-  3-33 

II 

IX 

I 

5-29-34 

XI 

7-  9-34 

XIII 

3-  5-34 

VII 

12-30-33 
11-  8-33 
7-20-34 
2-  2-34 
7-14-34 
3-16-34 

IV 

II 

XIII 

VI 

XIII 

VIII 

3-  5-34 

VII 

12-21-33 
7-22-33 
3-26-34 

IV 

I 

VIII 

3-  8-34 

VII 

7-  5-34 

XII 

4-1^34 
5-31-34 

IX 
XI 

5-12-34 

X 

3-23-34 
1-30  34 

VIII 
V 

7-10-34 

XIII 

682 


Publisliing,  Daily  Newspaper  —  Business  {see  also 
Daily  Newspaper  Publishing  Business) 

Publishing,  Non-Metropolitan  Newspaper  —  and 
Printing.      (See  Graphic  Arts.) 

Puerto  Rico,  Needlework  Industry  of  (see  also 
Needlework  Industry  of  Puerto  Rico) 

Puff,  Powder  {see  also  Powder  Puff) 

Pulf)  and  Paper  Machinery  Subdivision.  (See 
Machinery  and  Allied  Products  Amendment, 
No.  4.) 

Pulp  and  Paper  Mill  Wire  Cloth  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  44) 

Pulp,  Food  Dish  and  —  and  Paper  Plate  (see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Pulp,  Paper  and  {see  also  Paper  and  Pulp) 

Pulverizing  Machinery  and  Equipment  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  15) 

Pulverizing  Machinery  Equipment  Subdivision. 
{See  Machinery  and  Allied  Products.) 

Pump,  Contractors'  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  11) 

Pump,  Gasoline  - —  Manufacturing  (see  also  Gaso- 
line Pump  Manufacturing) 

Pumping  Engine,  Oil  Field  —  Manufacturing  (see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  35) 

Pump  Manufacturing 

Punchboard  Manufacturing 

Pyrethrum-Retonone  Group.  {See  Chemical 
Manufacturing  Supplement,  No.  1.) 

Pyrotechnic  Manufacturing 

Quarrying,  Marble  —  and  Finishing  {see  also  Mar- 
ble "Quarrying  and  Finishing) 

Quicksilver 

Quilting  Division.  (*See  Light  Sewing  Industry 
Except  Garments.) 

Quotations,  Exemption  for  —  made  to  govern- 
mental agencies  for  Codes  of  Fair  Competition 
(see  also  Governmental  Agencies,  Quotations 
to) 

Rabbit  Dealing  Division.  {See  Fur  Dealing 
Trade.) 

Rabbit  Dressers  Division.  (»See  Fur  Dressing  and 
Fur  Dyeing.) 

Racquets.      {See  Athletic  Goods  Manufacturing.) 

Radiant,  Pottery  Supplies  and  Backwall  and  (.see 
also  Pottery  Supplies  and  Backwall  and  Ra- 
d  iant) 

Radiator,  Cast  Iron  Boiler  and  Cast  Iron  (see  also 
Cast  Iron  Boiler  and  Cast  Iron  Radiator) 

Radiator,  Nonferrous  and  Steel  Convector  Manu- 
facturing (Concealed  —  Industry) 

Radio  Broadcasting 

Radio  Division.  (.S'ee  Wholesaling  or  Distributing 
Trade.) 

Radio  Wholesaling  Trade  (see  also  Wholesaling  or 
Distributing  Trade  Supplement,  No.  7) 


2-17-34 


2-  1-34 
11-17-33 


6-  9-34 

6-  5-34 
9-18-33 


7-25-34 

10-11-33 

3-  2-34 


12-17-33 

5-  9-34 
3-21-34 


6-12-34 


2-16-34 


2-  3-34 

2-10-34 
11-27-33 


4-21-34 


VII 


6-28-34       XII 
1-17-34  V 


7-30  34      XIV 


VI 
III 


XI 

XI 
I 


XIV 

I 

VII 


III 

X 

VIII 


XII 


VI 


VI 
VI 

III 


X     611 


683 


Code 
No. 

Industry 

Date 

Volume 

Page 

Rag,  Cotton  —  Trade  Division.     (See  Scrap  Iron, 

Nonferrous  Scrap  Metals  and  Waste  Materials 

Trade.) 

Railroad  Cross  Tie  Division.     (See  Lumber  and 

Timber  Products,  Amendment,  No.  6.) 

385 

Railroad  Special  Track  Equipment  Manufacturing. 

4-  6-34 

IX 

165 

Railway  and  Industrial  Spring  {see  also  Machinerj^ 

and  Allied  Products  Supplement,  No.  2) 1. 

4-23-34 

X 

629 

Railway  Appliance  Manufacturing  (see  also  Ma- 

chinery and  Allied  Products  Supplement,  No. 

39) 

8-  1-34 

XIV 

523 

233 

Railway  Brass  Car  and  Locomotive  Journal  Bear- 

ings and  Castings  Manufacturing 

1-29-34 

V 

511 

Railway  Car  Appliances  {see  also  Fabricated  Metal 

Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  5) 

2-  9-34 

VI 

637 

285 

Railway  Car  Building 

2-16-34 
4-  2-34 
1-12-34 

VI 

IX 

V 

551 

Amendment,  No.  1 

669 

198 

Railway  Safety  Appliance 

33 

Rainwear  Division.    {See  Rubber  Manufacturing.) 

Range    Boiler    Manufacturing.      {See    Plumbing 

Fixtures  Amendment,  No.  2.) 

Ratchet  and    Miscellaneous   Wrenches   Division. 

{See  Fabricated  Metal  Products  Manufacturing 

and  Metal  Finishing  and  Metal  Coating  Supple- 

ment, No.  15.) 

Raw  Moulding  Division.     {See  Picture  Moulding 

and  Picture  Frame.) 

203 

Raw  Peanut  Milling 

1-12-34 

V 

99 

172 

Rayon  and  Silk  Dyeing  and  Printing 

12-21-33 

IV 

311 

Amendment,  No.  1 

6-  7-34 
8-26-33 

XI 

I 

411 

14 

Rayon  and  Synthetic  Yarn  Producing 

223 

Amendment,  No.  1 

3-28-34 
7-22-33 

IX 

I 

629 

Temporary  code  approved 

718 

Rayon,  Temporary  placing  of — Weaving  Industry 

under  the  Cotton  Textile  Industry 

7-14-33 

I 

19 

489 

Razor,  Safety  —  and  Safety  Razor  Blade  Manu- 

facturing   {see   also   Safety    Razor   and    Safety 

Razor  Blade  Manufacturing) 

7-21-34 

XIII 

203 

Razor,  Straight  —  Section.     {See  Cutlery,  Mani- 

cure Implement  and  Painters  and  Paperhang- 

ers  Tool  Manufacturing  and  Assembling  Sup- 

plement, No.  10.) 

283 

Ready-Made    Furniture    Slip    Covers    Manufac- 

turing  

2-16-34 

VI 

527 

311 

Ready  Mixed  Concrete 

2-27-34 

VII 

371 

Amendment,  No.  1 

7-11-34 
4-  9-34 

XIII 
IX 

269 

392 

Real  Estate  Brokerage 

259 

Rebuilders  Division.      {See  Sewing  Machine.) 

372 

Rebuilding,  Shoe  —  Trade  {see  also  Shoe  Rebuild- 

ing Trade) 

3-27-34 

VIII 

593 

377 

Reclaimed  Rubber  Manufacturing 

4-  2-34 

IX 

41 

Recovery.     {See  Administration  —  National  In- 

dustrial Recovery.) 

Rectifying,  Distilled  Spirits ,_ 

5-  3-34 

IX 

739 

Red  Cedar  Shingle  Division.     {See  Lumber  and 

Timber  Products.) 

Reduction    Machinery    {see  also   Machinery  and 

Allied  Products  Supplement,  No.  18) - 

6-11-34 

XI 

775 

684 


Industry 


Redwood  Division.  (See  Lumber  and  Timber 
Prodiicts.) 

Reel,  Cloth  (see  aho  Cloth  Reel) 

Refiners,  Candle  Manufacturing  Industry  and  the 
Beeswax  and  Bleachers  (see  also  Candle  Man- 
ufacturing Industry    and    the     Beeswax     and 

Bleachers  Refiners) 

Refining,  Lead  Smelting  and  —  Division.      {See 

Lead.) 
Refining,  Smelting  and  —  of  Secondary   Metals 
into  Brass   and  Bronze  Alloys  in  Ingot  Form 
(see  also  Smelting  and  Refining  of  Secondary 
Metals  into  Brass  and  Bronze  Alloys  in  Ingot 

Form) 

Refractories 

Basic  Refractories  Division 

Fire  Clay  Producers  Division 

Fire  Clay  Refractories  Division 

Glass  House  Refractories  Division 

High  Temperature  Bonding  Mortars  Division 

Ladle  and  Hot  Top  Refractories  Division 

Locomotive  Arch  Refractories  Division 

Plastic  Refractories  Division 

Silica  Refractories  Division 

Sleeve,  Nozzle,  and  Runner  Brick  and  Tuyeres 

Division 

Special  Refractories  Division 

Suspended  Walls  and  Arches  Division 

Amendment,  No.  1 

Refrigerating  Machinery  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  36) 

Refrigeration   (see  also  Electrical  Manufacturing 

Supplement  No.  1) 

Refrigerator,    Commercial    (see   also   Commercial 

Refrigerator) 

Refrigerator,  Household  Ice  (see  also  Household 

Ice  Refrigerator) 

Register,  Warm  Air  (see  also  Warm  Air  Register)  . 
Regulations.      {See   Administration   —   Codes   of 
Fair  Competition  —  National  Industrial  Recov- 
ery.) 

Reinforcing  Materials  Fabricating 

Relief,    Commercial  —   Printing.      {See   Graphic 

Arts.) 
Repairing,  Boatbuilding  and  Boat  {see  also  Boat- 
building and  Boat  Repairing) 

Replacement  Axle  Shaft  Manufacturing  {see  also 
Automotive  Parts  and  Equipment  Manufactur- 
ing Supplement,  No.  2) 

Resilient  Flooring  Contracting  (see  also  Construc- 
tion Supplement,  No.  10) 

Restaurant 

Amendment,  No.  1 

Hours  exemptions.  Granting  limited 

Summer   camps,    Child    Labor    (Wages   and 

Hours)  in  nonprofit-making 

Retail  Drug  Trade 

Retail  Bakers'  Division.     (»S'ee  Baking.) 

Retail  Farm  Equipment  Trade 

Amendment,  No.  1 


Date 


2-17-34 


2-20-34 


12-21-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

4-28-34 

X 

7-30-34 

XIV 

6-  9-34 

XI 

12-23-33 

IV 

12-30-33 

IV 

6-28-34 

XII 

11-27-33 

III 

4-24-34 


7-  3-34 

5-29-34 
2-16-34 
4-  4-34 
6-  2-34 

5-26-34 
10-21-33 


6-34 
7-34 


Volume 


VII 


VII 


IX 


XII 

XI 
VI 
IX 
XI 

X 

II 

V 
XI 


685 


Code 
No. 


182 


46 
142 


33 


366 
454 

410 


r80 


466 


Industry 


Retail  Food  and  Grocerj-  Trade 

Amendment,  No.  1 

Amendment,  No.  2 ^ 

Labor  Provisions 

Meat  at  retail,  Exemption  for  selling 

Meat  sales,  Modification  of  exemption  for 

Scrip,  Stay  of  Code  provisions  relevant  to 

Transportation  charges,  Stay  for  method  of 

computing 

Wages  of  labor,  Approving  allowance  for  ac- 
tual  

Retailing,  Motor  Vehicle  —  Trade  (see  also  Motor 

Vehicle  RetaiHng  Trade) 

Retail  Jewelry  Trade 

Amendment,  No.  1 

Scrip,  Stay  of  Code  provision  relevant  to 

Scrip,  Stay  of  efftctive  date  for  the  discon- 
tinuing of 

Stay  of  effective  date  of  Article  VIII,  Section  4 

for  the  —  Trade 

Retail  Lumber,  Lumber  Products,  Building  ^late- 

rials  and  Building  Specialties 

Amendment,  No.  1 

Amendment,  No.  2 

Costs,  Temporary  modification  of  metnod  of 

computing  —  for  the  — Industry 

Model  Costs,  Modifying  previous  Order  rele- 
vant to 

Overhead  costs,  Approving  method  for  com- 

putiiag 

Overhead  Costs,  Modifying  approval  of 

Price  provisions,  Stay  of  —  on  merchandise 

shipped  from  mill  to  the  consumer 

Retail  Monument      

Retail,  Optical  —  Trade  (see  also  Optical  Retail 

Trade) 

Retail  Rubber  Tire  and  Battery  Trade 

Bids   for    Governmental    Agencies,    Stay    of 

Order  pertaining  to 

Contracts,  Government  —  and  contracts  in- 
volving   the    use    of    government    funds. 

Modifying  previous  Order  relevant  to 

Cost,  Declaration  of  emergency  and  determi- 
nation of  lowest  reasonable 

Guarantee  or  Warranty  provision,  Stay  of 

Retail  Solid  Fuel 

Amendment,  No.  1 

Bids,  Staying  application  of  Order  relevant 
to  —  Rendered  to  governmental  agencies.. 
Code  Authorities,  Appointment  of  Adminis- 
tration Members  on  Coordination  Boards 

of  the  Several 

Expenses  of  Code  Administration,  Exemption 

relevant  to  collection  of 

Sales  to  hospitals.  Disallowing  special  exemp- 
tions for 

Retail  Tobacco  Trade 

Hours,    Wages,    and    Merchandising    Plan, 
Extending  stays  provided  in  order  of  code 

approval  relevant  to 

Prices,    Determination    of    basis    fo'-    fixing 
minimum 


Date 

Volume 

12-30-33 
4-  4-34 
8-  2-34 

11-15-33 
6-  2-34 
6-20-34 
6-13-34 

IV 

IX 

XIV 

III 

XI 
XII 
XII 

5-25-34 

X 

3-21-34 

VIII 

10-  3-33 

11-27-33 

7-20-34 

6-13-34 

I 
III 

XIII 

XII 

4-30-34 

IX 

2-28-34 

VII 

10-  3-33 
1-12-34 
7-18-34 

I 

V 
XIII 

1-  5-34 

V 

8-  2-34 

XIV 

4-  5-34 
6-27-34 

IX 
XII 

4-  9-34 
3-26-34 

IX 
VIII 

6-  4-34 
5-  1-34 

XI 
IX 

6-28-34 

XII 

7-16-34 

XIII 

5-  3-34 
6-14-34 
2-14-34 
7-13-34 

IX 

XII 

VI 

XIII 

6-27-34 

XII 

6-21-34 

XII 

7-  7-34 

XIII 

5-28-34 
6-19-34 

XI 
XII 

&-23-34 

XII 

7-12-34 

XIII 

686 


Code 

No. 

Industry 

Date 

Volume 

Page 

60 

Retail  Trade 

10-21-33 

12-  4-33 

2-12-34 

3-29-34 

II 
IX 
VI 
IX 

27 

Amendment,  No.  A-1 

627 

Amendment,  No.  1 ^^ 

629 

Amendment,  No.  2 

645 

Exception,  Temporary  —  for  members  under 

Article  V,  Sections  4  (d)  and  6 

1-18-34 
11-27-33 

V 
HI 

779 

Exten  )ion  of  effective  date 

660 

Overtime  work  allowed  for  inventory  pur- 

poses   

7-26-34 

XIV 

573 

Prices,  Regulations  governing  minimum 

4-19-34 

IX 

925 

compliance  with  Section  6,  Schedule  A,  for_ 

6-15-34 

XII 

636 

Scrip,  Stay  of  Code  provisions  relevant  to 

6-13-34 

XII 

630 

Selling  price.  Allowance  in  —  for  wages  of 

store  labor 

4-  5-34 
4-13-34 

IX 
IX 

896 

Supplement,  No.  1  for  Booksellers  Trade 

833 

Wage  provisions,  Stay  of  Minimum  —  as  to 

outside  salesmen  and  drug  store  delivery 

employees  for  the 

11-  8-33 

IV 

692 

Review  Board,  Creation  of  the  National  Recovery. 

3-  7-34 

VII 

709 

Review  Board,  Funds  for  the  National  Recovery.  _ 

3-  9-34 

VII 

710 

Reworked    Wool    Division.     (See    Wool    Textile 

Amendment  No.  1.) 

Ribbon,   Cellulose  — ■  Division.      (See   Transpar- 

ent Materials  Converters.) 

Ring,  Hog  —  and  Ringer  Manufacturing  (see  also 

Fabricated  Metal  Products  Manufacturing  and 

Metal    Finishing  and    Metal   Coating   Supple- 

ment, No.  32) 

5-22-34 
5-18-34 

XI 
X 

531 

434 

River  and  Harbor  Improvement 

239 

Amendment,  No.  1 

7-  2-34 
10-31-33 
4-26-34 
1-16-34 
4-26-34 

XII 

II 

X 
V 
X 

365 

68 

Road  Machinery  Manufacturing 

137 

Amendment,  No.  1 

459 

211 

Robe  and  Allied  Products 

213 

Amendment,  No.  1 

465 

Expenses,  Extending  time  within  which  Code 

Authority  shall  submit  plan  for  equitable 

allocation  of 

8-  3-34 

XIV 

602 

Robe,    Motor  —   Division.      (See   Light   Sewing 

Industry  Except  Garments.) 

Rock    and    Ore    Crusher.      (See    Machinerv    and 

Allied  Products  SuDnlement.  No.  17)_^_I 

6-11-34 

XI 

761 

321 

Rock  and  Slag  Wool  Manufacturing 

3-  6-34 

VII 

497 

Amendment,  No.  1 

7-18-34 
8-  4-34 

XIII 
XIV 

407 

Hazardous  occui)ations.  Approving  a  list  of._ 

604 

76 

Rock  Crusher  Manufacturing 

11-  1-33 
5-  7-34 

II 

X 

231 

419 

Rock,  Soft  Lime  (see  also  Soft  Lime  Rock) 

27 

394  1  Rod,  Lightning  —  Manufacturing  (see  also  Light- 

ning  Rod  Maiuifacturing) 

4-19-34 

IX 

283 

250 

Rod,  Wire  —  and  Tube  Die  (see  also  Wire,  Rod 

and  Tube  Die) 

2-  1-34 

VI 

65 

Roller  and  Silent  Chain  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  24) 

7-  5-34 

XII 

587 

324 

Roller  Engraving,  Textile  Print  (see  also  Textile 

Print  Roller  Engraving) 

3-  8-34 

VII 

539 

368 

Roller,  Print  —  and  Print  Block  Manufacturing 

(see  also  Print  Roller  and  Print  Block  Manufac- 

turing) 

3-26-34 

VIII 

541 

106      Rollers,  Printers'  (see  also  Printers'  Rollers) 

11-  8-33 

II 

611 

Rolling  Mill  Machinery  and  Equipment  (see  also 

Machinery   and    Allied    Products   Supplement, 

No.  14) 

6-  7-34 

XI 

679 

687 


Code 
No. 

Industry 

Date 

Volume 

Page 

Rolling,    Steel   and   —    Mill    Castings    Division. 

{See  Non-Ferrous  Foundry.) 

171 

Rolling  Steel  Door 

12-21-33 

IV 

297 

Roll,  Transparent  Sheet  and  - —  Division.     {See 

Transparent  Materials  Converters.) 

Roofing  and  Sheet   Metal  Contracting   (see  also 

Construction  Supplement,  No.  8) 

5-10-34 

X 

817 

99 

Roofing,  Asphalt  Shingle  and  —  Manufacturing 
{see  also  Asphalt  Shingle  and  Roofing  Manu- 

facturing)   

11-  6-33 

II 

523 

389 

Roofing,  Clay  and  Shale  —  Tile  {see  also  Clay  and 

Shale  Roofing  Tile) 

4r-  6-34 

IX 

219 

375 

Roofing  Granule  Manufacturing  and  Distributing. 

3-31-34 

IX 

11 

Roofing,  Slate  —  Division.     {See  Slate.) 

Rope,  Wire  —  and  Strand  Manufacturing  (see  also 

Fabricated  Metal  Products  Manufacturing  and 

Metal   Finishing   and    Metal   Coating   Supple- 

ment, No.  34) 

5-  4-34 
12-15-33 

XI 
IV 

557 

156 

Rubber  Manufacturing 

69 

Automobile   Fabrics,   Proofing  and   Backing 

Division 

12-15-33 
12-15-33 
12-15-33 
12-15-33 

IV 
IV 
IV 
IV 

84 

Hard  Rubber  Division 

98 

Heel  and  Sole  Division 

101 

Mechanical  Rut)ber  Goods  Division 

104 

Rainwear  Division 

12-15-33 
12-15-33 

IV 
IV 

113 

Rubber  Flooring  Division 

88 

Rubber  Footwear  Division 

12-15-33 
12-15-33 
12-15-33 

IV 
IV 
IV 

93 

Rubber  Sundries  Division 

110 

108 

Amendment,  No.  1 .- 

4-30-34 

X 

501 

377 

Rubber,    Reclaimed  —  Manufacturing    (see   also 

Reclaimed  Rubber  Manufacturing) 

4-  2-34 

IX 

41 

Rubber,  Scrap  —   Trade    Division.     (See  Scrap 

Iron,  Nonferrous  Scrap  Metals  and  Waste  Mate- 

rials Trade.) 

174 

Rubber  Tire  Manufacturing 

12-21-33 

IV 

335 

410 

Rubber   Tire,    Retail  ■ —  and    Battery   Trade   {see 

also  Retail  Rubber  Tire  and  Battery  Trade) 

5-  1-34 

IX 

519 

Rugby  Football.      {See  Athletic  Goods  Manufac- 

turing.) 

202 

Rug,  Carpet  and  —  Manufacturing  {see  also  Car- 

pet and  Manufacturing) 

1-12-34 

V 

83 

355 

Rug  Chemical  Processing  Trade 

3-23-34 

VIII 

365 

Rules.      (.S'ee     Administration  —  Codes     of     Fair 

Competition  —  National  Industrial  Recoverv.) 

Rules  and  regulations  concerning  labels  bearing 

Emblems  or  Insignia  of  the  N.R.A 

1-17-34 

V 

778 

Rules  and  regulations  governing  the  posting  of 

labor  provisions  of  codes  of  Fair  Competition 

2-12-34 

VI 

662 

Rules  and  Regulations  under  Section  10  (a)  and 

Delegation  of  Authoritv  under  Section  2  (b)  of 

the  National  Industrial  Recover}'  Act 

10-14-33 

VI 

646 

Rules,  Prescribing  —  and  Regulations  for  the  In- 

terpretation and  Application  of  certain  Labor 

Provisions  of  Codes  of  Fair  Competition  as  they 

mav  affect  Handicapped  Workers 

2-17-34 

VII 

706 

Ruling,  Trade  Binding  and  Paper.     {See  Graphic 

Arts.) 

Runner  Brick,  Sleeve,  Nozzle,  aud  —  and  Tuyeres 

Division.      (See  Refractories.) 

45 

Saddlery  Manufacturing 

10-  3-33 

I 

551 

Amendment,  No.  1 

5-18-34 
8-  1-34 

X 

XIV 

575 

Amendment,  No.  2 

245 

688 


Industry 


Safe,  Fire  Resistive  —  Division.  {See  Business 
Furniture,  Storage  Equipment  and  Filing  Sup- 
ply Amendment,  No.  1). 

Safe,  Fire  Resistive  (see  also  Business  Furniture, 
Storage  Equipment  and  Filing  Supply  Supple- 
ment, No.  1) 

Safety  and  Health  Standards,  Force  of  Provisions 
subsequent  to  approval  l)y  Administrator 

Safety  Equipment,  Industrial  —  Industry  and  In- 
dustrial Safety  Equii)ment  Trade  (.see  alfto  In- 
dustrial Safety  Equipment  Industry  and  Indus- 
trial Safety  Equipment  Trade) 

Safety,  Railway  —  Appliance  (see  also  Railway 
Safety  Appliance) 

Safety  Razor  and  Safety  Razor  Blade  Manufac- 
turing   

Sales,  Granting  limited  exemption  from  provisions 
of  Codes  of  Fair  Competition  in  connection  with 
—  to  Hospitals 

Sales,  Granting  permanent  stay  of  exemption  from 
Codes  of  Fair  Competition  in  connection  with  — 
To  Hospitals  for  certain  Industries 

Salesmen.      (<See  Retail  Trade.) 

Sales,  Stay  of  order  granting  limited  exemption 
from  provisions  of  Codes  of  Fair  Competition 
in  connection  with  —  to  hospitals 

Salmon,  Canned  (see  also  Canned  Salmon) 

Salt  Producing 

Salvage,  Wrecking  and  (see  also  Wrecking  and 
Salvage) 

Sample  Card 

Sand,  Administrative  approval  of  Industrial  — 
Division  of  the  Crushed  Stone,  Sand  and  Gravel 
and  Slag  Industries 

Sand,  Crushed  Stone  —  and  Gravel  and  Slag  In- 

•  dustries  (.see  also  Crushed  Stone,  Sand  and 
Gravel  and  Slag  Industries) 

Sand-Lime  Brick 

Amendment,  No.  1 

Sand,  Miscellaneous  —  Castings  Division.  {See 
Non-Ferrous  Foundry.) 

Sandstone 

Hazardous  occupations.  Extending  time  to 
file  a  list  of 

Sanitary  and  Waterproof  Specialties  Manufac- 
turing  

Sanitary  Brass  Plumbing  Fittings  Division.  {See 
Plumbing  Fixtures.) 

Sanitary  Milk  Bottle  Closure 

Sanitary  Napkin  and  Cleansing  Tissue 

Sales  to  hospitals.  Permanent  stay  of  certain 
provisions  of  the  code  relevant  to 

Sanitary  Seats  Division.  {See  Plumbing  Fix- 
tures.) 

Sardine,  California  —  Processing  {see  also  Fishery 
Supplement,  No.  3) 

Savings,  Building  and  Loan  Associations 

Savings,  Mutual  —  Bank  {see  also  Mutual  Savings 
Bank) 

Saw  and  Steel  Products  Manufacturing 

Sawmill  Machinery  Subdivision.  {See  Machinery 
■  and  Allied  Products.) 


7-30-34 
G- 15-34 


Volume 


XIV 
XII 


Page 


3-  1-34 

VII 

1-12-34 

V 

7-21-34 

XIII 

1-23-34 

V 

3-  3-34 

VII 

2-  2-34 
5-15-34 
9-  7-33 

VI 

X 

I 

3-  3-34 
2-19-34 

VII 
VII 

12-27-33 

IV 

11-10-33 
3-26-34 
7-12-34 

II 
VIII 
XIII 

4-  6-34 

IX 

6-15-34 

XII 

3-17-34 

VIII 

3-26-34 
1-12-34 

VIII 
V 

5-31-34 

XI 

4-24-34 
12-21-33 

X 

IV 

10-  9-33 
2-10-34 

I 

VI 

405 
638 

421 

33 

203 

782 

726 


659 
167 

277 

459 
231 


707 


641 

497 
295 


205 
639 
169 


581 
59 

806 


645 
279 

623 
381 


689 


Industry 


Scallop,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  —  Cutting 
(see  also  Schiffli,  the  Hand  Machine  Embroid. 
ery,  and  the  Embroidery  Thread  and  Scallop 

Cutting) 

Scavenger,  Cinders,  Ashes,  and  —  Trade  (see  also 

Cinders,  Ashes,  and  Scavenger  Trade) 

Schiffli,  the  Hand  Machine  Embroidery,  and  the 

Embroidery  Thread  and  Scallop  Cutting 

Amendment,  No.  1 

School,    Private   Home   Study    (see   also   Private 

Home  Stud}'  School) 

School  Supplies  and  Equipment  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 

No.  12) 

Scientific  Apparatus 

Amendment,  No.  1 

Scientific    Glassware    Division.     (See    American 

Glassware.) 
Scissors     and     Shears     Section.     (See     Cutlery, 
Manicure  Implement  and  Painters  and  Paper- 
hangers  Tool   Manufacturing  and  Assembling 
Supplement,  No.  10.) 
Scourers,    Wool    —    and    Carbonizers    Divisipn. 

(See  Wool  Textile  Amendment,  No.  1.) 
Scrap  Iron,  Nonferrous  Scrap  Metals  and  Waste 

Materials  Trade 

Cotton  Rag  Trade  Division _. 

Nonferrous  Scrap  Metal  Trade  Division 

Scrap  Iron  and  Steel  Trade  Division 

Scrap  Rubber  Trade  Division 

Textile  Waste  Trade  Division 

Waste  Paper  Trade  Division 

Wool  Stock  Trade  Division 

Supplement,  No.  1,  for  Waste  Paper  Trade.-. 
Screen,  All-Metal  Insect  (see  also  Ail-Metal  Insect 

Screen) 

Screw,  Cap  —  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

19) : 

Screw,  Machine  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
23) .' 

Screw,  Machine  —  Nut  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Meta.l  Finishing  and  Metal  Coating  Supplement, 
No.  20) - 

Screw  Machine  Products  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  18) - 

Screw,  Wood  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement, 
No.  24) 

Sc\'the  and  Snathe  Division.  (See  Tool  and  Im- 
plement Manufacturing  Supplement,  No.  7.) 

Seal,  Gummed  Label  and  Embossed  (see  also  Gum- 
med Label  and  Embossed  Seal) 

Seating,  Public  (see  also  Public  Seating) 


Date 

Volume 

2- 

-  2- 

-34 

VI 

12- 

-30-33 

IV 

2- 

-  2- 

-34 

VI 

7- 

-31- 

-34 

XIV 

5- 

-31- 

-34 

XI 

7- 

-  5- 

-34 

XII 

11- 

-14- 

-33 

III 

7- 

-20- 

-34 

XIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

7- 

-12- 

-34 

XIII 

11- 

-14- 

-33 

III 

5- 

-  3- 

-34 

X 

5- 

-10-34 

X 

5-  5- 

-34 

X 

4-28- 

-34 

X 

5-10- 

-34 

X 

2- 

-17- 

34 

VII 

7- 

10-34 

XIII 

Pag» 


133 

569 

133 
231 

61 


599 

31 

459 


575 
9 

697 

829 

733 

659 

843 


151 
1 


690 


Code 
No. 

Industry 

Date 

Volume 

Page 

Seats,  Sanitary  —  Division.      (See  Phmibing  Fix- 

tures.) 

268 

Secondary  Aluminum 

2-  8-34 

VI 

305 

173 

Secondary,  Smelting  and  Refining  of  —  Metals 
into  Brass  and  Bronze  alloys  in  Ingot  Form  (see 
also  Smelting  and  Refining  of  Secondary  Metals 

into  Brass  and  Bronze  Alloys  in  Ingot  Form) 

12-21-33 

IV 

325 

478 

Secondary  Steel  Products  Warehousing  Trade 

Secretary  of  Agriculture: 

Amendment  of  Executive  Order  which  Dele- 
gated to  the  —  certain  Authority  under  the 

7-10-34 

XIII 

19 

National  Industrial  Recovery  Act 

10-20-33 

VI 

647 

Amendment  of  Executive  Orders  which  Dele- 

gated to  the  —  Certain  Authority  under 

National  Industrial  Recovery  Act 

1-  8-34 

VI 

649 

Code  approval,  Delegating  power  for  joint  — 

with  the  Administrator  for  Industrial  Re- 

covery   

6-29-34 

XII 

620 

Continuing  in  effect  the  Authoritv  Delegated 

to  the  —  by  Executive  Order  No.  6182 

7-21-33 

VI 

645 

Delegation  of  certain  functions  and  powers  to_ 

6-26-33 

I 

712 

Secretary  of  the  Interior,  Delegation  of  authority 

under  section  9  of  the  National  Industrial  Re- 

covery Act 

6-30-34 

XII 

623 

Securities  Engraving  and  Printing.     (iSee  Graphic 

Arts.) 

411 

Security  Vault,  Bank  —  Manufacturing  {see  also 

Bank  and  Security  Vault  Manufacturing) 

5-  1-34 

IX 

539 

Selling,  Piece  Goods  —  Division.      {See  Wool  Tex- 

tile Amendment,  No.  1.) 

384 

Service,  Funeral  {see  also  Funeral  Service) 

4-  4-34 

IX 

155 

439 

Service,  Tank  Car  {see  also  Tank  Car  Service) 

Service  Trades  or  Industries: 

5-22-34 

X 

315 

Code  Committees  and  Code  Eagles 

6-28-34 

XII 

678 

Hotel   Industry,    Partial  Suspension  of  the 

Code  for  the 

6-28-34 

XII 

679 

Laundry   Trade,   Partial   Suspension   of  the 

Code  for  the 

6-13-34 
6-28-34 

XTI 
XII 

631 

Local  codes  for  uncodified 

615 

Partial  Suspension  of  Codes  for 

5-28-34 

XI 

797 

President's  Reemployment  Agreement,   Ex- 

ception for  retail  and  —  in  towns  of  less 

than  2,500  population  from 

5-15-34 

X 

952 

Suspension,  Partial  — •  of  Codes  for 

5-26-34 

X 

954 

167 

Set  Up  Paper  Box  Manufacturing 

12-18-33 

IV 

243 

136 

Sewer,  Vitrified  Clay  —  Pipe  Manufacturing  {see 

also  Vitrified  Clay  Sewer  Pipe  Mainifacturing)_ 

11-27-33 

III 

445 

226 

Sewing,  Light  —  Industry  Except  Garment  {see 

a/.so  Light  Sewing  Industry  Except  Garments). 

1-23-34 

V 

403 

402 

Sewing  Machine 

4-21-34 
4-21-34 

IX 
IX 

407 

Rebuilders  Division 

421 

416 

Shade,    Leather    Cloth    and    Lacquered    Fabrics, 

Window  —  Cloth  and  Impregnated  Fabrics  In- 

dustries (see  also  Leather  Cloth  and  Lacquered 

1       Fabrics,  Window  Shade  Cloth  and  Impregnated 

Fabrics  Industries) 

5-  3-34 

IX 

607 

473 

Shade,  Woven  Wood  Fabric  {see  also  Woven  Wood 

Fabric  Shade) 

6-28-34 

XII 

161 

Shaft,  Replacement  Axle  —  Manufacturing  {see 

also  Automotive  Parts  and  Equipment  Manu- 

facturing Supplement,  No.  2) 

7-  3-34 

XII 

533 

389 

Shale,  Clav  and  —  Roofing  Tile  {see  also  Clay  and 

Shale  Roofing  Tile) 

4-  6-34 

IX 

219 

691 


Industry 


Shank,  Shoe  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

6)_ 

Shaping,   Wood  Turning  and  — ■  Industries   (see 

also  Wood  Turning  and  Shaping  Industries) 

Shaving    Brush    Manufacturers'    Division.     {See 

Brush  Manufacturing.) 
Shears,  Scissors  and  —  Section.     {See  Cutlery, 
Manicure  Implement  and  Painters  and  Paper- 
hangers  Tool   Manufacturing  and  Assembling 
Supplement,  No.  10.) 
Sheeting.     {See  Cotton  Textile.) 
Sheet  Metal  Distributing  Trade  {see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 

16) 

Sheet  Metal,  Roofing  and  —  Contracting  {see  also 

Construction  Supplement,  No.  8) 

Sheet  Mica  Division.     {See  Mica.) 
Sheet  Metal  Division.     {See  Wholesaling  or  Dis- 
tributing Trade.) 
Sheet,  Transparent  —  and  Roll  Division.     {See 

Transparent  Materials  Converters.) 
Shellac,    Bleached    - —    Manufacturing    {see    also 

Bleached  Shellac  Manufacturing)    

Shell,  Oyster  —  Crushers  {see  also  Oyster  Shell 

Crushers) 

Sheltered  Workshops: 

Committee,  Providing  for  the  design  and  use 
of  insignia,  specifying  pledge  to  be  signed, 

and  appointing  National 

exemption.    Granting    conditional    —    from 

Codes  of  Fair  Competition 

Insignia,  Authorizing  the  National  Committee 

to  issue  the  N.R.A 

Shelving,  Steel  — •  Division.     {See  Business  Furni- 
ture, Storage  Equipment  and  Filing  Supply.) 
Shingle,  Asphalt  —  and  Roofing  Manufacturing 
{see  also  Asphalt  Shingle  and  Roofing  Manufac- 
turing)   

Shingle,  Red  Cedar  —  Division.  {See  Lumber  and 
Timber  Products.) 

Shipbuilding  and  Shiprepairing 

Amendment,  No.  1  (Planning  and  Fair  Prac- 
tice Agency) 

Amendment,  No.  2 

Amendment,  No.  3 

hours,  Further  exemption  from  maximum  — 

provisions 

Hours,  Further  sta.y  for 

Hours,  Granting  extension  of  —  exemption 

in  the 

Hours,  Temporary  stay  of  —  provisions 

Shipping,  Corrugated  and^  Solid  Fiber  —  Con- 
tainer {see  also  Corrugated  and  Solid  Fiber  Ship- 
ping Container) 

Shiprepairing.       {See     Shipbuilding     and     Ship- 
repairing  industry.) 
Shirtings  Division.     {See  Cotton  Textile  Supple- 
ment, No.  1.) 


Date 

Volume 

2-21-34 

VII 

4-  4-34 

IX 

7-27-34 

XIV 

5-10-34 

X 

4-21-34 

IX 

6-  2-34 

XI 

5-11-34 

X 

3-  3-34 

VII 

7-  2-34 

XII 

11-  6-33 

II 

7-26-33 

I 

10-10-33 
3-29-34 
4-  2-34 

I 

IX 
IX 

5-  4-34 
6-20-34 

X 

XII 

2-  1-34 
4-27-34 

VI 
IX 

2-  1-34 

VI 

Page 


677 
125 


381 

817 


423 
125 

961 
727 
690 

523 

25 

701 
649 
673 

955 
649 

658 
938 


80835—34- 


-39 


692 


Industry 


Shoe   and    Leather   Finish,    Polish   and   Cement 
Manufacturing 

Shoe  and  Leather  Finish  and  Cement  Divi- 


sion   . 

Shoe  Pohsh  Division 

Amendment,  No.  1 

Shoe,  Boot  and  {see  also  Boot  and  Shoe) 

Shoe  Findings,  Leather  and  —  Trade  (see  also 
Wholesahng  or  Distributing  Trade  Supple- 
ment, No.  9) 

Shoe  Last 

Cost  inclusion  and  application.  Extension  of 
time  within  which  to  formulate  uniform 
method  of 

Shoe  Machinery 

Shoe  Pattern  Manufacturing 

Shoe  Rebuilding  Trade 

Suspension  of  Code,  Partial 

Shoe  —  (see  also  Athletic  Goods  Manufacturing). 

Shoe  Stock,  Pasted  (see  also  Pasted  Shoe  Stock) __ 

Shoe  Shank  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
6) 

Shop,  Beauty  and  Barber  —  Mechanical  Equip- 
ment Manufacturing  —  (see  also  Beauty  and 
Barber  Shop  Mechanical  Equipment  Manu- 
facturing)   

Shopping    Bag    Division    (see    also    Paper    Bag 
Manufacturing) 

Shoulder  Pad  Manufacturing 

Shovel  and  Post  Hole  Digger  Division.  {See  Tool 
and  Implement  Manufacturing  Supplement, 
No.  7.) 

Shovel,  Draghne  and  Crane 

Amendment,  No.  1 

Bidding,  Exemption  pertinent  to  —  and  in- 
terpretation of  delivery  basis 

Shower  Door 

Sign,  Advertising  Metal  —  and  Display  Manu- 
facturing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  17) 

Signalling  Apparatus  Subdivision,  Stay  granted 
to  the.     (;See  Electrical   Manufacturing.) 

Sign  Division.  {See  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  13.) 

Silica   Refractories   Division.      (See  Refractories.) 

Silk.      {See  Hat  Manufacturing.) 

Silk,  Rayon  and  —  Dyeing  and  Printing  (see  also 

Rayon  and  Silk  Dyeing  and  Printing) 

Temporary  Code  approved 

Silk,  Temporary  placing  of  —  Industry  under  the 
Cotton  Textile  Industry 

:  Silk  Textile. 

Amendment,  No.  1 

Hours,  Curtailment  of  machine  —  for  the 

'.  Labor  Controversies,  Administration  of 

Silver  and  Metal  Polish  Division.  (See  Furniture 
and  Floor  Wax  and  Polish  Amendment,  No.  1.) 


Date 


12-30-33 

12-30-33 

12-30-33 

8-  2-34 

10-  3-33 


5-17-34 
4-23-34 


7-12-34 

4-  6-34 
5-26-34 
3-27-34 
5-28-34 

5-  3-34 


2-21-34 

2-16-34 
2-  5-34 


11-  8-33 
4-  4-34 

4-20-34 
5-19-34 


4-20-34 


12-21-33 
7-22-33 

7-15-33 
10-  7-33 

7-17-34 
12-23-33 

6-28-34 


Volume 


IV 

IV 

IV 

XIV 

I 


XI 
IX 


XIII 

IX 

X 

VIII 
XI 

IX 


VII 

VI 
VI 


II 

IX 

IX 
X 


IX 


IV 

I 

I 

I 

XIII 

IV 

XII 


693 


Industry 


Volume 


Silverware   Division.     {See   Wholesaling   or   Dis- 
tributing Trade.) 

Silverware  Manufacturing 

Hotelware,  Flatware  and  Hollow  Ware  Di- 
vision   

Pewter,  Chromium  Plate  and  Miscellaneous 

Division _. 

Plated  Flatware  Division 

Plated  Hollow  Ware  Division 

Plated  Toiletware  and  Novelties  Division.  _  L . 

Sterling  Flatware  Division 

Sterling  Hollow  Ware  Division 

Sterling  Novelties  Division 

Sterling  Toiletware  Division 

Skewer  Division.     {See  Wood  Turning  and  Shap- 
ing.) 
Skirt,    Blouse    and   —    Manufacturing    {see   also 

Blouse  and  Skirt  Manufacturing) 

Slag,  Administrative  approval  of  Industrial  Sand 
Division  of  the  Crushed  Stone,  Sand  and  Gravel 

and  • —  Industries 

Slag,  Crushed  Stone,  Sand  and  Gravel  and  {see 

also  Crushed  Stone,  Sand  and  Gravel  and  Slag) . 

Slag  Wool,  Rock  and  —  Manufacturing  {see  also 

Rock  and  Slag  Wool  Manufacturing) 

Slate 


Blackboard  Slate  Division 

Slate  Roofing  Division 

Structural  and  Electrical  Division 

Amendment,  No.  1 

Sleeve,  Nozzle,  and  Runner  Brick  and  Tuyeres 

Division.     {See  Refractories.) 
Slide  Fastener 

Slip  Covers,  Ready-Made  Furniture  —  Manufac- 
turing {see  also  Ready-Made  Furniture  Slip 
Covers  Manufacturing) 

Slit  Fabric  Manufacturing 

Small  Arms  and  Ammunition  Manufacturing 

Amendment,  No.  1 

Effective  Date,  Extension  of  the 

Small  Locomotive  Manufacturing  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No.  4) . 

Smelting  and  Refining  of  Secondarj'  Metals  into 
Brass  and  Bronze  Alloj-s  in  Ingot  Form 

Smelting,  Lead  —  and  Refining  Division.  {See 
Lead.) 

Smoking  Pipe  Manufacturing 

Snap  Fastener  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
16). 


Snathe,  Scythe  and  —  Division.     {See  Tool  and 

Implement  Manufacturing.) 
Soap  and  Glycerine  Manufacturing 

Supplement,  No.  1,  for  Pacific  Coast  Section 
of  the  Soap  and  Glycerine  Manufacturing.. 
Soapstone,  Talc  and  {see  also  Talc  and  Soapstone). 
Soccer,     (^ee  Athletic  Goods  Manufacturing.) 
Socket  Wrenches,  Detachable  —  Division.     {See 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing   and    Metal   Coating  Supple- 
ment, No.  15.) 


12-23-33 

12-23-33 

12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 


12-30-33 


12-27-33 

11-10-33 

3-  6-34 
1-22-34 
1-22-34 
1-22-34 
1-22-34 
7-  3-34 


1-31-34 


2-16-34 
1-16-34 
3-22-34 
3-29-34 
3-29-34 

5-  5-34 

12-21-33 


1-23-34 


4-  6-34 


11-  2-33 

6-29-34 
3-21-34 


IV 

IV 

IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 


IV 


IV 
II 

VII 
V 
V 
V 
V 

XII 


VI 

V 

VIII 

IX 

IX 

X 

IV 


IX 


II 

XII 
VIII 


694 


Code 

No. 


459 


393 
419 


309 
280 


342 


122 

432 
65 

424 


414 
397 


329 
50 


327 


Soft  Drink.  Bottled  {see  also  Bottled  Soft  Drink)  . 
Softener,  Water  —  and  Filter  {see  also  Machinery 

and  Allied  Products  Supplement,  No.  28) 

Soft  Fibre  Manufacturing 

Soft  Lime  Rock 

Softwood,  Northeastern  —  Division.    {See  Lumber 

and  Timber  Products.) 
Sole,  Heel  and  —  Division.     {See  Rubber  Manu- 
facturing.) 

Solid  Braided  Cord 

Solid,  Retail  —  Fuel  {see  also  Retail  Solid  Fuel).- 
Special  Refractories  Division.     {See  Refractories.) 
Specialties.     {See  Retail  Lumber,  Lumber  Prod- 
ucts, Building  Materials,  and  Building  Special- 
ties.) 
Specialties,  Cork  Composition  and  Cork  —  Man- 
ufacturing Division.      {See  Cork.) 
Specialties,  Sanitary  and  Waterproof  —  Manu- 
facturing   {see   also    Sanitary    and    Waterproof 

Specialties  Manufacturing) 

Special  Tool,  Die  and  Machine  Shop 

Amendment,  No.  1 

Specialty  Accounting  Supply  Manufacturing 

Specialty,  Advertising  {see  also  Advertising  Spe- 
cialty)   

Spice  Grinding 

Spinners.     {See  Wool  Textile  Amendment,  No.l.) 

Spirits,  Distilled  (Labor  Provisions) 

Spirits,  Distilled  —  Rectifying  (Labor  Provisions)  _ 
Sponge    Rubber   Division.      {See   Rubber    Manu- 
facturing.) 
Spool,  Bobbin  and  {see  also  Bobbin  and  Spool)  — 
Spool  Division.      {See  Wood  Turning  and  Shap- 
ing.) 
Spray  Painting  and  Finishing  Equipment  Manu- 
facturing   

Amendment,  No.  1 

Spring,  Leaf  —  Manufacturing  {see  also  Auto- 
motive  Parts  and   Equipment   Manufacturing 

Supplement,  No.  3) — 

Spring,  Railway  and  Industrial  {see  also  Machin- 
ery and  Allied  Products  Supplement,  No.  2)  — 
Spring,   Upholstery  —  and  Accessories   {see  also 

LTpholstery  Spring  and  Accessories) _ 

Sprinkler,  Automatic  {see  also  Automatic  Sprink- 
ler)  ---- 

Sprocket  Chain    {see  also   Machinery  and  Allied 

Products  Supplement  No.  34) 

Squash.     (.See  Athletic  Goods  Manufacturing.) 
Standard  Steel  Barrel  and  Drum  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  26) 

Standardized    Stationery    and    Business    Forms. 

{See  Graphic  Arts.) 
Staple,  Cut  Tack,  Wire  Tack,  and  Small  —  Man- 
ufacturing {see  also  Fabricated  Metal  Products 
Mamifacturing  and  Metal  Finishing  and  Metal 

Coating  Supplement,  No.  40) 

Staple,  Machine  Applied  —  and  Stapling  Ma- 
chine {see  also  Machine  Applied  Staple  and 
Stapling  Machine) 


7-  9-34 

4-  9-34 

5-  7-34 


2-26-34 
2-14-34 


3-17-34 

11-17-33 

4-20-34 

5-17-34 

10-31-33 
5-11-34 

3-21-34 
5-  3-34 


5-  3-34 


4-19-34 
7-18-34 


7-18-34 
4-23-34 
3-10-34 
10-  9-33 
7-21-34 

5-16-34 

7-  6-34 
3-10-34 


XIII 

IX 

X 


VII 
VI 


VIII 

III 

X 
X 

II 

X 

VIII 
IX 


IX 


IX 
XIII 


XIII 

X 

VII 

I 

XIII 


547 

273 

27 


349 
469 


XIII 


169 
187 
427 
211 

97 
99 

719 
739 


579 


317 
411 


631 
629 
605 
605 
695 

921 

495 


VII  I  579 


695 


Industry 


Stationery,  Bank  and  Commercial.  {See  Graphic 
Arts.) 

Stationery,  Commercial  —  and  Office  Outfitting 
Trade  {see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  3) 

Stationery,  Paper  —  and  Tablet  Manufacturing 
{see  also  Paper  Stationery  and  Tablet  Manufac- 
turing)   

Stationery,  Wliolesale  —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 


6), 


Statistical,  Central  —  Board,  Appointing  of  {see 
also  Central  Statistical  Board) 

Statistical,  providing  for  submission  of  —  informa- 
tion by  persons  subject  to  codes 

Statistical  report!.  Requiring  certain  —  from  mem- 
bers of  industries  subject  to  Codes  of  Fair  Com- 
petition   

Stay  Manufacturing 

Steam  Engine  Manufacturing  {see  also  Machinery 
and  Allied  Products  Supplement,  No.  16) 

Steam  Heating  Equipment 

Steel  and  Copperplate  Engraving  and  Printing. 
{See  Graphic  Arts.) 

Steel  and  Rolling  Mill  Castings  Division.  {See 
Non-ferrous  Foundry.) 

Steel  Casting 

Steel  Flooring,  Open  —  (Grating)  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  41) 

Steel  Goods  Division.  {See  Tool  and  Implement 
Manufacturing.) 

Steel,  Iron  and  {see  also  Iron  and  Steel) 

Steel  Joist 

Steel  Locker  Division.  {See  Business  Furniture, 
Storage  Equipment,  and  Filing  Supply.) 

Steel,  Machine  Knife  and  Mlied  —  Products  Man- 
ufacturing {see  also  Machine  Knife  and  Allied 
Steel  Products  Manufacturing) 

Steel,  Nonferrous  and  —  Convector  Manufactur- 
ing (Concealed  Radiator  Industry)  {see  also 
Nonferrous  and  Steel  Convector  Manufactur- 
ing(Concealed  Radiator  Industry)) 

SteenPackage  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  25)-. 

Steel  Plate  Fabricating 

Steel,  Rolling —  Door  (see  also  Rolling  Steel  Door). 

Steel,  Saw  and  —  Products  Manufacturing  (see 
also  Saw  and  Steel  Products  Manufacturing) 

Steel,  Secondary  —  Products  Warehousing  Trade 
(see  also  Secondary  Steel  Products  Warehousing 
Trade) 

Steel,  Standard  —  Barrel  and  Drum  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  26) 

Steel,  Structural  —  and  Iron  Fabricating  (see  also 
Structural  Steel  and  Iron  Fabricating) 

Steel  Tire  Manufacturing  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  1) 


Date 

Volume 

3-16-34 

VIII 

12-30-33 

IV 

4-21-34 

X 

7-27-33 

I 

12-  7-33 

III 

3-16-34 
2-26-34 

VIII 
VII 

6-11-34 
2-12-34 

XI 
VI 

11-  2-33 

II 

7-11-34 

XIII 

8-19-33 
8-  1-34 

I 

XIV 

2-  6-34 

VI 

2-10-34 

VI 

5-16-34 

4-  6-34 

12-21-33 

X 
IX 
IV 

2-10-34 

VI 

7-10-34 

XIII 

5-16-34 

X 

7-11-34 

XIII 

4-23-34 

X 

761 

559 

621 
724 
662 


870 
315 

747 
455 


299 


559 


171 
63 


243 


341 


907 
233 
297 

381 


19 

921 

47 

637 


696 


Code 
No. 


Industry 


Steel  Tubular  and  Firebox  Boiler 

Steel  Wool 

Stereotype  Dry  Mat 

Sterotyping,  Electrotyping  and  (see  also  Electro- 
typing  and  Stereotyping) 

Sterling.      {See  Silverware  Manufacturing.) 

Stick,  Candy  —  Division.  (See  Wood  Turning 
and  Shaping.) 

Stick,  Mop  (see  also  Mop  Stick) 

Stitching,  Pleating  —  and  Bonnaz  and  Hand  Em- 
broidery {see  also  Pleating,  Stitching  and  Bon- 
naz and  Hand  Embroidery) 

Stock  Exchange  Firms 

Stone,  Administration  approval  of  Industrial  Sand 
Division  of  the  Crushed  — ,  Sand  and  Gravel 
and  Slag  Industries 

Stone,  Crushed  — ,  Sand  and  Gravel,  and  Slag  In- 
dustries {see  also  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries) 

Stone  Finishing  Machinery  and  Equipment 

Stoneware  Division.  (.See  Earthenware  Manu- 
facturing.) 

Stopper,  Cork  —  Manufacturers  Division.  {See 
Cork.) 

Storage,  Business  Furniture,  • —  Equipment  and 
Filing  Supply  (see  also  Business  Furniture, 
Storage  Equipment  and  Filing  Supply) 

Storage,  Cold  —  Door  Manufacturing  (see  also 
Cold  Storage  Door  Manufacturing) 

Storage,  Electric  —  and  Wet  Primary  Battery 
{see  also  Electric  Storage  and  Wet  Primary 
Battery) 

Storage,  Household  Goods  —  and  Moving  Trade 
(see  also  Household  Goods  Storage  and  Moving 
Trade) 

Storage,  Motor  Vehicle  —  and  Parking  Trade 
(see  also  Motor  Vehicle  Storage  and  Parking 
Trade) 

Strapping  Division.  (.See  Leather  Industry 
Amendment,  No.  1.) 

Straps,  Canvas  Lug  —  Division.  {See  Leather 
Industry  Amendment,  No.  1.) 

Straw.      {See  Hat  Manufacturing.) 

Straw,  Bulk  Drinking  — ,  Wrapped  Drinking 
Straw,  Wrapped  Toothpick,  and  Wrapped 
Manicure  Stick  (see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Toothpick, 
and  Wrapped  Manicure  Stick) 

Structural  and  Electrical  Division.     {See  Slate.) 

Structural  Clay  Products 

Amendment,  No.  1 

Structural  Steel  and  Iron  Fabricating 

Effective  date  of  Code,  Stay  of 

Sugar,  Beet  —  Labor  provision 

Suit,  Coat  and  —  (see  also  Coat  and  Suit) 

Sulphonated  Oil  Manufacturing 

Sulphur  Group.  {See  Chemical  Manufacturing 
Supplement,  No.  1.) 

Sundries,    Rubber  —   Division.     {See   Rubber 
Manufacturing.) 

Study,  Private  Home  —  School  (see  also  Private 
Home  Study  School) 


Date 

Volume 

10-23-33 

2-28-34 
7-27-34 

II 

VII 

XIV 

12-23-33 

IV 

11-14-33 

III 

2-10-34 
11-  4-33 

VI 

II 

12-27-33 

IV 

11-10-33 
12-15-33 

II 

IV 

11-  4-33 

II 

7-11-34 

XIII 

10-  3-33 

I 

4-19-34 

IX 

12-  7-33 

III 

» 

3-14-34 

VIII 

11-27-33 
5-  1-34 
7-11-34 
7-23-34 

10-27-33 
8-  4-33 
6-26-34 

III 

X 

XIII 
XIV 

II 

I 

XII 

5-31-34 

XI 

697 


Code 
No. 


Industry 


Volume 


Supplement: 

Automobile  Manufacturing: 

Funeral    Vehicle   and    Ambulance    Sub- 
division, No.  1 

Automotive    Parts   and    Equipment    Manu- 
facturing: 

Automobile  Hot  Water  Heater  Manu- 
facturing, No.  1 

Leaf  Spring  Manufacturing,  No.  3 

Replacement  Axle  Shaff  Manufacturing, 

No.  2 

Business  Furniture,  Storage  Equipment  and 
Filing  Supply: 

Fire  Resistive  Safe,  No.  1 

Filing  Supply,  No.  2 

Chemical  Manufacturing: 

Agricultural  Insecticide  and  Fungicide, 

No.  1 

Nicotine  Group 

Sulphur  Group 

Pyrethrum-Retonone  Group 

Carbon  Dioxide,  No.  2 

Construction: 

Cement  Gun  Contractors,  No.  4 

Amendment,  No.  1 

Electrical  Contracting,  No.  6 

Amendment,  No.  1 

Elevator  Manufacturing,  No.  3 

General  Contractors,  No.  1 

Building  Contractors  Subdivision.. 
Heavy   Construction   and   Railroad 

Contractors  Subdivision 

Highway  Contractors  Subdivision.. 
Construction: 

Heating,   Piping,  and  Air  Conditioning 

Contractors',  No.  16 

Insulation  Contractors,  No.  12 

Kalamein,  No.  13 

Mason  Contractors,  No.  7 

Amendment,  No.  1 

Painting,  Paperhanging  and  Decorating, 

No.  2 

Amendment,  No.  1 

Plastering    and     Lathing     Contracting. 

No.  14 

Plumbing  Contracting,  No.  9 

Resilient  Flooring  Contracting,  No.  10.. 
Roofing  and  Sheet   Metal  Contracting, 

No.  8 

Terazzo  and    Mosaic    Contracting,    No. 

15 i_- 

Tile  Contracting,  No.  5 

Amendment,  No.  1 

Wood  Floor  Contracting,  No.  11 

Cotton  Textile: 

Cotton  Converting,  No.  1 

All-Cotton    Clothing    Lining    Divi- 
sion   

Clothiers'  Linings  Division 

Corset,  Brassiere,  and  Allied  Trades 
Fabrics  Division 


11-  8-33 


6-25-34 
7-18-34 

7-  3-34 


7-30-34 
7-30-34 


5-  1-34 
5-  1-34 
5-  1-34 
5-  1-34 
5-  4-34 

3-21-34 
7-19-34 
4-19-34 
7-23-34 
3-21-34 
2-17-34 
2-17-34 

2-17-34 
2-17-34 


7-26-34 
6-  7-34 
6-  9-34 
4-19-34 
7-23-34 

3-12-34 
7-10-34 

6-27-34 
5-15-34 
5-29-34 

5-10-34 

7-13-34 
4-  2-34 
7-12-34 
5-29-34 

1-24-34 

1-24-34 
1-24-34 

1-24-34 


II 


XII 
XIII 

XII 


XIV 
XIV 


X 
X 
X 
X 
X 

VIII 

XIII 

IX 

XIV 

VIII 

VII 

VII 

VII 
VII 


XIV 
XI 
XI 
IX 

XIV 

VIII 
XIII 

XII 

X 

XI 

X 

XIII 
IX 

XIII 
XI 


698 


Supplement — Continued. 

Cotton  Textile — Continued. 

Cotton  Converting,  No.  1 — Continued. 
Curtain  and  Draper}-  Fabrics  Divi- 
sion   

Interlinings  Division 

Shirtings  Division 

Wash  Goods  Division 

Electrical  Manufacturing: 

Portal:)le  Electric  Lamp  and  Shade.  No.  2. 

Refrigeration,  No.  1 

Fabricated     Metal     Products     Manufactur- 
ing and   Metal  Finishing  and   Metal 
Coating: 
Advertising    Metal    Sign    and    Display 

Manufacturing,  No.  17 

Artistic  Lighting  Equipment  Manufac- 
turing, No.  37 

Brass  Forging  Manufacturing,  No.  42 

Bright  Wire  Goods  Manufacturing,  No. 

21 

Cap  Screw  Manufacturing,  No.  19 

Chain  Manufacturing,  No.  3 

Complete  Wire  and  Iron  Fence,  No.  38-. 
Cutlery,  Manicure  Implement,  and  Paint- 
ers and  Paperhangers  Tool  Manufac- 
turing and  Assembling,  No.  10 

Cut  Tack,  Wire  Tack,  and  Small  Staple 

Manufacturing,  No.  40 

Cutting  Die  Manufacturing,  No.  35 

Draperv  and  Carpet  Hardware  Manufac- 
turing, No.  22 '- 

Electric   Industrial  Truck   Manufactur- 
ing, No.  4 

Flexible  Metal  Hose  and  Tubing  Manu- 
facturing, No.  33 

Forged  Tool  Manufacturing,  No.  9 

Galvanized  Ware  Manufacturing,  No.  27. 
Hack  Saw  Blade  Manufacturing,  No.  8_-. 
Hand  Bag  Frame  Manufacturing,  No. 

45 

Hand  Chain  Hoist  Manufacturing,  No.  2. 
Hog   Ring  and   Ringer   Manufacturing, 

No.  32 

Job  Galvanizing  Metal  Coating,  No.  28-. 
Lift  Truck  and  Portable  Elevator  Manu- 
facturing, No.  36 

Machine  Screw  Manufacturing,  No.  23-. 
Machine  Screw  Nut  Manufacturing,  No. 

20 

Metallic  Wall  Structure  Industrial  Sub- 
division, No.  1 

Milk  and  Ice  Cream  Can  Manufacturing, 

No.  30 

Non-Ferrous  Hot  Water  Tank  Manufac- 
turing, No.  14 

Open  Steel  Flooring  (Grating)  Manufac- 
turing, No.  41 

Porcelain  Enameling  Manufacturing,  No. 

13 

Frit  Division 

Jobbing  Shop  Division 

Sign  Division 

Table  Top  Division 


1-24-34 
1-24-34 
1-24-34 
1-24-34 

6-27-34 
6-  9-34 


4-20-34 

6-28-34 
7-19-34 

5-  7-34 
5-  3-34 
1-31-34 
7-  3-34 


3-26-34 


V 
V 
V 
V 

XII 
XI 


IX 

XII 
XIII 

X 
X 

V 
XII 


VIII 


7-  6-34 
6-  8-34 

XIII 
XI 

5-  9-34 

X 

1-31-34 

V 

5-24-34 
3-24-34 
5-17-34 
3-17-34 

XI 
VIII 

XI 
VIII 

8-  1-34 
1-30-34 

XIV 
V 

5-22-34 
5-17-34 

XI 
XI 

6-23-34 
5-10-34 

XII 
X 

5-  5-34 

X 

1-10-34 

V 

5-17-34 

XI 

4-  4-34 

IX 

7-11-34 

XIII 

3-31-34 
3-31-34 
3-31-34 
3-31-34 
3-31-34 

IX 
IX 
IX 
IX 

IX 

699 


Code 
No. 


Industry 


Supplement — Continued. 

Fabricated  Metal  Products — Continued. 

Power  and  Gang  Lawn  Mower  Manu- 
facturing, No.  12 

Prison    Equipment   Manufacturing,  No. 

39 

^       Pulp  and  Paper    Mill  Wire  Cloth  Man- 
ufacturing, No.  44 

Railway  Car  Appliances,  No.  5 

Screw    Machine   Products    Manufactur- 
ing, No.  18 

Amendment,  No.  1 

Shoe  Shank  Manufacturing,  No.  6 

Snap     Fastener     Manufacturing,     No. 

16 

Standard  Steel  Barrel  and  Drum  Man- 
ufacturing, No.  26 

Steel     Package     Manufacturing,     No. 

25 

Tackle     Block     Manufacturing,      No. 

11 

Tool    and     Implement     Manufacturing, 

No.  7 

Axe  Division 

Hammers  Division 

Hatchet  Division 

Scythe  and  Snathe  Division 

Shovel  and  Post-Hole  Digger  Divi- 
sion   

Steel  Goods  Division 

Vitreous   Enameled    Ware    Manufactur- 
ing, No.  43 

Warm  Air  Pipe  and  Fittings   Manufac- 
turing, No.  31 

Washing    Machine    Parts    Manufactur- 
ing, No.  29 

Wire     Rope    and     Strand    Manufactur- 
ing, No.  34 

Wood  Screw  Manufacturing,  No.  24 

Wrench  Manufacturing,  No.  15 

Adjustable  Monkey  .Wrenches  Divi- 
sion   

Adjustable    Pipe    Wrenches    Divi- 
sion   

Adjustable    Wrenches    and    Pliers 

Division 

Adjustable  Wrenches  Division 

Chain  Pipe  Wrenches  (Tongs)  Divi- 
sion  

Detachable  Socket  Wrenches  Divi- 
sion  

Drop-forged  Wrenches  (Alloy)  Divi- 
sion   

Drop-forged    Wrenches    (Carbon) 

Division 

Hatchet    and    Miscellaneous    Divi- 
sion   

Fishery: 

Atlantic  Mackerel  Fishing,  No.  4 

Production,  Approval  of  plan  of  cur- 
tailment of 

Production,  Approving  Curtailment 
of 


Date 

Volume 

3-26-34 

VIII 

7-  5-34 

XII 

7-30-34 
2-  9-34 

XIV 
VI 

4-28-34 
5-16-34 
2-21-34 

X 

X 
VII 

4-  6-34 

IX 

5-16-34 

X 

5-16-34 

X 

3-26-34 

VIII 

3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 

VIII 
VIII 
VIII 
VIII 
VIII 

3-15-34 
3-15-34 

VIII 
VIII 

7-22-34 

XIII 

5-18-34 

XI 

5-17-34 

XI 

5-24-34 
5-10-34 
4-  4-34 

XI 

X 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 
4-  4^34 

IX 
IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4r-34 

IX 

4r-  4-34 

IX 

5-  3-34 

X 

7-14-34 

XIII 

6-  9-34 

XI 

700 


Code 
No. 

Industry 

Date 

Volume 

Page 

• 

Supplement — Continued. 
Fishery — Continued. 

Blue  Crab,  No.  5 - 

5-  5-34 
4-24-34 
3-10-34 
7-25-34 
4-13-34 

7-21-34 

7-13-34 

5-14-34 

7-  7-34 

7-  5-34 

8-  1-34 

6-  5-34 

6-19-34 

5-31-34 
7-18-34 
8-  1-34 

7-20-34 

7-21-34 
6-12-34 
6-12-34 
8-  2-34 
8-  1-34 

6-12-34 
6-  5-34 
4-30-34 
5-12-34 

6-  4-34 

7-  9-34 
7-13-34 

7-25-34 

7-  6-34 

6-  9-34 
4-23-34 

8-  1-34 
6-11-34 
7-30-34 
6-11-34 

7-  5-34 

6-  7-34 

5-  5-34 
7-21-34 
6-11-34 
4-23-34 
5-16-34 

6-  7-34 
6-26-34 

7-  9-34 

X 
X 

VII 

XIV 

IX 

XIII 

XIII 

X 

XIII 

XII 

XIV 

XI 

XII 

XI 
XIII 
XIV 

XIII 

XIII 
XII 
XII 
XIV 
XIV 

XII 

XI 

X 

X 

XI 

XIII 

XIII 

XIV 

XIII 

XI 
X 

XIV 
XI 

XIV 

XI 

XII 

XI 

X 

XIII 

XI 

X 

X 

XI 

XII 

XIII 

747 

California  Sardine  Processing,  No.  3 

Fresh  Ovster,  No.  1                _                _    . 

645 
693 

Trout  Farming,  Eastern  Section,  No.  6-. 
Wholesale  Lobster,  No.  2     . 

345 
S?3 

Machinery  and  Allied  Products: 

Air  Filter,  No.  32. _-      ._....    

671 

Bakerv  Equipment  Manufacturing,  No. 
29   ■                      ' 

595 

Beater  and   Jordan  and   Allied   Equip- 
ment, No.  7         - 

871 

Caster  and  Floor  Truck  Manufacturing, 
No.  26      

523 

Chemical  Engineering  Equipment,   No. 
23                           

573 

Concrete  Mixer,  No.  37 

Contractors'  Pump,  No.  11 

Conveyor     and     Material     Preparation 
Equipment  Manufacturing,  No.  22 

Diamond     Core     Drill     Manufacturing, 
No.  9                   -    -      

477 
631 

445 

597 

Amendment,  No.  1 

Die-sel  Engine  Manufacturing,  No.  40 

Envelope  Machine  Manufacturing,  No. 
31          

393 
493 

659 

Ga.s-Powered    Industrial    Truck    Manu- 
facturing, No.  33 

683 

Hoist  Builders,  No.  20 

403 

Hoisting  Engine  Manufacturing,  No.  19_ 
Hydraulic  Machinery,  No.  41 

Jack  Manufacturing,  No.  38 

417 
535 
509 

Kiln,  Cooler  and  Drver  Manufacturing, 
No.  21                       _        -.    _.            

431 

Locomotive  Appliance,  No.  12 

645 

Locomotive  Manufacturing,  No.  3 

Amendment,  No.  1 

677 
547 

Mechanical  Lubricator,  No.  10 

619 

Mechanical  Press  Manufacturing,  No.  27 _ 
Multiple  V-Belt  Drive,  No.  30     . 

535 
605 

Oil  Field  Pumping  Engi^ie  Manufactur- 
ing, No.  35.  ---            .                _.-. 

357 

Power  Transmission,  No.  25 

509 

Pulverizing  Machinery  and  Equipment, 
No.  15              .    

723 

Railway  and  Industrial  Spring,  No.  2 

Railway  Appliance  Manufacturing,  No. 
39 

629 
523 

Reduction  Machinery,  No.  18 

775 

Refrigerating  Machinery,  No.  36 

Rock  and  Ore  Crusher,  No.  17        _    .. 

435 
761 

Roller  and  Silent  Chain,  No.  24 

Rolling  Mill  Machinery  and  Equipment, 
No.  14...    1 

587 
679 

Small  Locomotive  Manufacturing,  No.  4_ 
Sprocket  Chain,  No.  34                 

759 
695 

Steam  Engine  Manufacturing,  No.  16 

Steel  Tire  Manufacturing,  No.  1 

Water  Meter  Manufacturing,  No.  8 

Waterpower  Equipment,  No.  13 

Amendment,  No.  1.. 

747 
637 
935 
665 
309 

Water  Softener  and  Filter,  No.  28 

547 

701 


Code 
No. 

Industry 

Date 

Volume 

Page 

Supplement — Continued. 

Machinery  and  Allied  Products — Continued. 

Wire  Machinery,  No.  5 

5-  9-34 

X 

807 

Woodworking  Machinerj',  No.  6 

5-14-34 

X 

855 

Packaging    Machinery  Industry   and  Trade: 

Can  Labeling  and  Can  Casing  Machinery 

Industry  and  Trade,  No.  1 

5-  5-34 

X 

767 

Paper  Box  Machinery  Industry  and  Trade, 

No.  2 -" 

5-21-34 

XI 

515 

Retail  Trade: 

Booksellers  Trade,  No.  1 

4-13-34 

IX 

947 

Scrap   Iron,    Nonferrous   Scrap    Metals   and 

Waste  Materials  Trade: 

Waste  Paper  Trade,  No.  1 

7-12-34 

XIII 

575 

Soap  and   Glycerine   Manufacturing: 

Pacific  Coast  Section  of  the  Soap  and 

Glycerine  Manufacturing,  No.  1 

6-29-34 

XII 

525 

Wholesaling  or  Distributing  Trade: 

Athletic     Goods     Distributing     Trade, 

No.   13 

7-17-34 

XIII 

619 

Beauty  and  Barber  Equipment  and  Sup- 

plies Trade,  No.  4 

4-  4-34 

IX 

803 

Button  Jobbers'  or  Wholesalers'  Trade, 

No.  15 -- 

7-26-34 

XIV 

369 

Men's  Wear  Division 

7-26-34 
7-26-34 

XIV 
XIV 

369 

Women's  Wear  Division 

369 

Commercial  Stationery  and  Office  Out- 

fitting Trade,  No.  3l 

3-16-34 
6-  2-34 

VIII 
XI 

761 

Furriers  Supplies  Trade,  No.  10 

609 

Fur  Wholesaling  and  Distributing  Trade, 

No.  11 

6-  9-34 
5-17-34 

XI 

XI 

737 

Leather  and  Shoe  Findings  Trade,  No.  9- 

493 

Radio  Wholesaling  Trade,  No.  7 

4-21-34 

X 

611 

School  Supplies  and  Equipment  Trade, 

No.  12 

7-  5-34 
7-27-34 

XII 
XIV 

599 

Sheet  Metal  Distributing  Trade,  No.  16__ 

381 

Upholstery     and     Decorative     Fabrics 

Trade,  No.  1 

3-  6-34 

VII 

687 

Wholesale  Dry  Goods  Trade,  No.  8 

5-14-34 

X 

885 

Hosiery  and  Underwear  Division 

5-14-34 

X 

885 

House  Furnishings  Division 

5-14-34 

X 

885 

Knitted  Outerwear  Division 

5-14-34 

X 

885 

Men's  Furnishings  Division 

5-14-34 

X 

885 

Notions  Division 

5-14-34 
5-14-34 
5-14-34 

X 
X 
X 

885 

Piece  Goods  Division 

886 

Ready-to-wear  Division 

885 

Wholesale  Hardware  Trade,  No.  17 

7-30-34 

XIV 

451 

Wholesale  Millinery  Trade,  No.  5 

4-16-34 

IX 

843 

Wholesale  Paint,  Varnish,  Lacquer,  Al- 

lied and  Kindred  Products  Trade,  No. 

18 

8-  4-34 

XIV 

547 

Wholesale  Stationery  Trade,  No.  6 

4-21-34 

X 

621 

Wholesale  Wallpaper  Trade,  No.  2 

3-16-34 

VIII 

771 

Amendment,  No.  1 - 

5-10-34 

X 

543 

Woolens    and    Trimmings    Distributing 

Trade,  No.  14 . 

7-23-34 

XIV 

321 

Supplies,  Beauty  and  Barber  Equipment  and  — 

Trade    {see    also    Wholesaling    or    Distributing 

Trade  Supplement,  No.  4) 

4-  4-34 

IX 

803 

37 

Supplies,  Builders  —  Trade  (see  also  Builders  Sup- 

plies Trade) 

10-  3-33 

I 

469 

702 


Industry 


Volume 


Page 


Supplies,  Electrical  —  Division.  {See  Wholesal- 
ing or  Distributing  Trade.) 

Supplies,  Furriers  —  Trade  (see  also  Wholesaling 
or  Distributing  Trade  Supplement,  No.  10) 

Supplies,  Industrial  —  and  Machinery  Distribu- 
tors Trade  {see  also  Industrial  Supplies  and  Ma- 
chinery Distributors  Trade) 

Supplies,  Pottery  —  and  Backwall  and  Radiant 
{see  also  Pottery  Supplies  and  Backwall  and 
Radiant) 

Supplies,  School  —  and  Equipment  Trade  {see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  12) 

Supplies,  Woolen  and  Trimming  Garment  —  Di- 
vision. {See  Wholesaling  or  Distributing 
Trade.) 

Supply,  Business  Furniture,  Storage  Equipment 
and  Filing  {see  also  Business  Furniture,  Storage 
Equipment  and  Filing  Supply) 

Supply,  Filing  {see  also  Business  Furniture,  Stor- 
age Equipment  and  Filing  Supply  Supplement, 
No.  2) 

Supply,  Foundry  (see  also  Foundry  Supplj') 

Supply,  Funeral  (see  also  Funeral  Supply) 

Supply,  Specialty  Accounting  —  Manufacturing 
(see  also  Specialtj'  Accounting  Supply  Manu- 
facturing)   

Surgical  Dressings 

Approving  extension  of  time  within  which  to 
comply  with  condition  of  approval  in  the.. 
Extending  time  for  presenting  plan  for  ad- 
justment of  wages  above  the  minimum  for 

the  —  Industry 

Wages,  Extension  of  time  to  present  a  plan 
for  adjustment  of  —  above  the  minimum.. 

Suspended  Walls  and  Arches  Division.  {See  Re- 
fractories.) 

Suspender,  Garter,  —  and  Belt  Manufacturing 
(see  also  Garter,  Suspender  and  Belt  Manufac- 
turing)   

Sweeping  Compound  Division.  {See  Furniture 
and  Floor  Wax  and  Polish  Amendment,  No.  1.) 

Synthetic,  Rayon  and  —  Yarn  Producing  (see  also 
Rayon  and  Synthetic  Yarn  Producing) 

Table,  Blown  —  Glassware  Division.  {See  Amer- 
ican Glassware.) 

Table  Pad  Division.  {See  Light  Sewing  Industry 
Except  Garments.) 

Table  Top  Division.  (<See  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  13.) 

Tablet,  Paper  Stationery  and  —  Manufacturing 
(see  also  Paper  Stationery  and  Tablet  Manufac- 
turing)   

Table  Oil  Cloth • 

Tack,  Cut  — ,  Wire  Tack,  and  Small  Staple  Manu- 
facturing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  40) 

Tackle  Block  Maiuifacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  11). 


6-  2-34 
10-23-33 

2-16-34 

7-  5-34 

11-  4-33 


7-30-34 

2-  5-34 

11-  4-33 


5-17-34 
1-27-34 

2-15-34 


3-  8-34 
5-21-34 

11-  4-33 
8-26-33 


XI 

II 

VI 

XII 

II 


XIV 
VI 
II 


X 

V 

VI 


VII 
X 

II 


609 

47 

539 

599 

383 


391 
219 

421 


211 

485 

663 


731 
979 

471 
223 


12-30-33 
2-  2-34 


7-  6-34 
3-26-34 


IV 
VI 


XIII 
VIII 


559 
125 


495 
849 


703 


Industry 


Volume 


Tackle,  Fishing  (see  also  Fishing  Tackle) 

Tag 

Homework,  Prohibiting 

Homework  provision  of  Code,  Further  stay  of 
Tailoring,  Merchant  and  Custom  (see  also  Mer- 
chant and  Custom  Tailoring) 

Talc  Soapstone 

Tank  Car  Service 

Expenses  of  Code  Administration,  Termina- 
tion of  exemption  relevant  to  collection  of. 

Tank,  Metal  (see  also  Metal  Tank) 

Tank,  Non-Ferrous  Hot  Water  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  14) 

Tanning  Extract 

Hour  provisions,  Stay  pending  amendment,. 

Tape,  Bias  {see  also  Bias  Tape) 

Tapioca  Dry  Products 

Tariff,   procedure    to    be    followed    for  —  relief 

under  Section  3  (e)  of  the  N.I.R.A 

Technical    and    Industrial    Glassware    Division. 

{See  American  Glassware.) 
Tennis.     {See  Athletic  Goods  Manufacturing.) 
Terazzo  and  Mosaic  Contracting  {see  also  Con- 
struction Supplement,  No.  15) 

Terra  Cotta  Manufacturing 

Territorial  exemptions  and  agreements  and  issu- 
ance of  N.R.A.  Insignia  under  Codes  of  Fair 

Competition 

Territorial  exemptions  from  Codes  for  Can  Man- 
ufacturing and  Canning 

Territories,  Delegating  authority  to  the  Adminis- 
trator to  enter  into  agreements  for 

Textile    and    Hosiery    Packing    Manufacturers. 

{See  Graphic  Arts.) 
Textile,    Asbestos    —    Products    Division.      (A^ee 
Asbestos.) 

Textile  Bag 

Amendment,  No.  1 

Textile,  Cotton  {see  also  Cotton  Textile) 

Textile     Finishing,     Temporarily    placed     under 

Cotton  Textile  Industry 

Textile  Machinery  Manufacturing 

Amendment,  No.  1 

Textile,  Millinery  and  Dress  Trimming  Braid 
and 


Textile  Print  Roller  Engraving .. 

Amendment,  No.  1 

Textile  Processing 

Amendment,  No.  1 

Amendment,  No.  2 

Textile,  Silk  {see  also  Silk  Textile) 

Textile,    Used  —    Bag    {see    also    Used    Textile 


Textile,  Used  —  Machinery  and  Accessories  Dis- 
tributing Trade  {see  also  Used  Textile  Ma- 
chinery and  Accessories  Distributing  Trade). _. 

Textile  Waste  Trade  Division.  {See  Scrap  Iron 
Non-ferrous  Scrap  Metals  and  Waste  Ma- 
terials Trade.) 

Textile,  Wool  {see  also  Wool  Textile) 


8-19-33 
2-  1-34 
4-27-34 
6-19-34 

7-31-34 
3-21-34 
5-22-34 

7-17-34 
12-15-33 


4-  4-34 
3-29-34 
6-  8-34 
5-23-34 
3-10-34 

10-23-33 


7-13-34 
10-31-33 


7-  2-34 
7-23-34 
6-27-34 


9-18-33 

12-23-33 

7-  9-33 

7-21-33 
10-  3-33 

6-  1-34 

10-31-33 
3-  8-34 

7-  3-34 
1-30-34 
4-26-34 
7-27-34 

10-  7-33 

2-  8-34 


4-  4-34 


7-26-33 


I 

VI 

IV 

XII 

XIV 

VIII 

X 

XIII 
IV 


IX 

IX 

XI 

X 

VII 


II 


XII 
XIV 
XII 


I 

IV 

I 

I 
I 

XI 

II 

VII 

XII 

V 

X 

XIV 

I 


VI 


IX 


217 

53 

940 

645 

47 
287 
315 

757 
47 


775 
1 
818 
343 
593 

700 


XIII      583 
II      209 


687 
563 
612 


361 

671 

1 

716 
449 
377 

149 
539 
387 
539 
471 
187 
587 

295 


81 


33 


704 


Industry 


Theatrical,  Burlesque  (see  also  Burlesque  Theatri- 
cal)   

Theatrical,  Legitimate  Full  Length  Dramatic  and 
Musical  (see  also  Legitimate  Full  Length  Dra- 
matic and  Musical  Theatrical) 

Thread.      (5ee  Cotton  Textile.) 

Thread,  Ncti  )n  —  and  Women's  Garments  Divi- 
sion.    {See  Wholesaling  or  Distributing  Trade.) 

Thread,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  —  and  Scallop  Cutting 
{see  also  Schiffli,  the  Hand  Machine  Embroider\-, 
and  the  Embroidery  Thread  and  Scallop  Cut- 
ting)  

Thread,  Temporary  placing  of  Cotton  —  Industry 
under  the  Cotton  Textile  Industry 

Throwing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Temporar}-  placing  of  —  Industry  under  the 
Cotton  Textile  Industry 

Ticket  and  Coupon.     {See  Graphic  Arts.) 

Tie,  Railroad  Cross  —  Division,  Extending  time 
to  elect  member  of  Administrative  Agencies  in 
the.     {See  Lumber  and  Timber  Products.) 

Tie,  Railroad  Cross  —  Division.  {See  Lumber 
and  Timber  Products  Amendment,  No.  6.) 

Tile,  Asphalt  and  Mastic  (see  also  Asphalt  and 
Mastic  Tile) 

Tile,  Clay  and  Shale  Roofing  {see  also  Clay  and 
Shale  Roofing  Tile) 

Tile,  Clay  Drain  —  Manufacturing  {see  also  Clay 
Drain  Tile  Manufacturing) 

Tile  Contracting  {see  also  Construction  Supple- 
ment, No.  5) 

Tile,  Cork  Floor  —  Manufacturers  Division.  {See 
Cork.) 

Tile,  Floor  and  Wall  Clay  —  Manufacturing  {see 
also  Floor  and  Wall  Clay  Tile  Manufacturing) . 

Timber,  Lumber  and  —  Products  {see  also  Luml^er 
and  Timber  Products) 

Tire  Manufacturers  and  Distributors,  Agreement 
among 

Tire,  Retail  Rubber  —  and  Battery  Trade  {see 
also  Retail  RubV^er  Tire  and  Battery  Trade) 

Tire,  Rubber  —  Manufacturing  {see  also  Rubber 
Tire  Manufacturing) 

Tire,  Steel  —  Manufacturing  {see  also  Machinery 
and  Allied  Products  Supplement,  No.  1) 

Tissue,  Sanitary  Napkin  and  Cleansing  {see  also 
Sanitary  Napkin  and  Cleansing  Tissue) 

Tobacco,  Retail  —  Trade  {see  also  Retail  Tobacco 
Trade) 

Tobacco,  Wholesale  —  Trade  {see  also  Wholesale 
Tobacco  Trade) 

Toilet  Brush  Manufacturers'  Division.  {See  Brush 
Manufacturing.) 

Toilet  Preparations,  Perfume,  Cosmetic  and 
Other  {see  also  Perfume,  Cosmetic  and  Other 
Toilet  Preparations) . 

Toiletware.     {See  Silverware    Manufacturing.) 

Toll  Bridge 


Date 

Volume 

3-20-34 

VIII 

8-16-33 

I 

2-  2-34 

VI 

7-16-33 
10-11-33 
2-  2-34 
4-19-34 
8-  1-34 

I 

I 

VI 

X 

XIV 

7-14-33 

I 

12-  7-33 

III 

4-  6-34 

IX 

3-24-34 

VIII 

4-  2-34 

IX 

11-  4-33 

II 

8-19-33 

I 

4-19-34 

IX 

5-  1-34 

IX 

12-21-33 

IV 

4-23-34 

X 

1-12-34 

V 

6-19-34 

XII 

6-  9-34 

XI 

3-23-34 

VIII 

5-17-34 

X 

705 


Tool  and  Implement  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  7) 

Tool,  Cutler}',  Manicure  Implement  and  Painters 
and  Paperhangers  —  Manufacturing  and  As- 
sembling {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Tool,  Forged  —  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  9)  . 

Tool,  Machine  — ■  and  Equipment  Distributing 
Trade  {see  also  Machine  Tool  and  Equipment 
Distributing  Trade) 

Tool,  Machine  —  and  Forging  Machinery  {see 
also  Machine  Tool  and  Forging  Machinery) 

Tool,  Special  —  Die  and  Machine  Shop  {see  also 
Special  Tool  Die  and  Machine  Shop) 

Toothpick,  Bulk  Drinking  Straw,  Wrapped  Drink- 
ing Straw,  Wrapped  —  and  Wrapped  Mani- 
cure Stick  {see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Tooth- 
pick, and  Wrapped  Manicure  Stick 

Toothpick  Division.  {See  Wood  Turning  and 
Shaping.) 

Topmakers  Division.  {See  Wool  Textile  Amend- 
ment, No.  1.) 

Topography,  Advertising.     {See  Graphic  Arts.) 

Toy  and  Playthings 

Track,  Railroad  Special  —  Equipment  Manufac- 
turing {see  also  Railroad  Special  Track  Equip- 
ment Manufacturing) 

Track.     {See  Athletic  Goods  Manufacturing.) 

Trade  Binding  and  Paper  Ruling.  {See  Graphic 
Arts.) 

Trade  Lithographic  Plate  Making.  {See  Graphic 
Arts.) 

Trade  Mounting  and  Finishing.  {See  Graphic 
Arts.) 

Trade,  Retail  and  Retail  Drug  {see  also  Retail  and 
Retail  Drug  Trade) 

Trade  Typesetting.      {See  Graphic  Arts.) 

Trailer  Manufacturing 

Amendment,  No.  1 

Transfer,  Dry  —  Manufacturers.  {See  Graphic 
Arts.) 

Transit 

Transmission,  Power  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  25) 

Transparency,  Decalcomania  and.  {See  Graphic 
Arts.) 

Transparent  Materials  Converters 

Cellulose  Ribbon  Division 

Transparent  Bag  and  Envelope  Division 

Transparent  Household  Rolls  Division 

Transparent  Sheet  and  Roll  Division 

Transport,  Air  (see  also  Air  Transport) 

Trapping,  Fur  —  Contractors  (see  also  Fur  Trap- 
ping Contractors) 

Trimming,  Drapery  ana  Upholstery  (see  also 
Drapery  and  Upholstery  Trimming) 


3-15-34 

3-26-34 

3-24-34 

11-27-33 
11-  8-33 
11-17-33 

3-14-34 

11-  4-33 
4-  6-34 


10-21-33 

6-26-34 
7-31-34 


9-18-33 
7-  6-34 


4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4r-  4-34 
11-14-33 

12-15-33 

1-16-34 


VIII 

VIII 

VIII 

III 

II 

III 

VIII 

II 
IX 


II 

XII 

XIV 


I 

XIII 


IX 
IX 
IX 
IX 
IX 

III 

IV 


V  ,  225 


706 


Industry 


Volume 


Page 


Trimming,  Millinery  and  Dress  —  Braid  and 
Textile  {see  also  Alillinery  and  Dres^  Trimming 

Braid  and  Textile) 1 

Trimming,  Woolen  and  —  Garment  Supplies  Di- 
vision. {See  Wholesaling  or  Distributing 
Trade.) 
Trimmings,  Woolens  and  —  Distributing  Trade. 
{See  Wholesaling  or  Distributing  Trade  Sup- 
plement, No.  14.) 
Trout  Farming,  Eastern  Section  {see  also  Fishery 

Supplement,  No.  6) 

Truck,  Caster  and  Floor  —  Manufacturing  {see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  26)  - 

Truck,  Electric  Industrial  —  Manufacturing 
{see  also  P'abricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  4) 

Truck,  Gas-Powered  Industrial  —  Manufactur- 
ing  {see  also   Machinery  and   Allied   Products 

Supplement,  No.  33)--- 

Trucking 

Amendment,  No.  1 

Code  Authorities,   Extending  time  for  elec- 
tions of  state  —  in  California 

Code  Authorities,   Extending  time  for  elec- 
tions of  state  —  in  New  Hampshire 

Elections,    display    insigna,    file    tariffs    and 

register,  Extending  time  to  conduct 

Extension,  Approving  —  of  certain  time  pro- 
visions   

Registration  and  Display  of  Insignia,  Extend- 
ing time  for 

Registration  and  election,  Extending  time  for 

Registration,  Extending  time  for 

Vote,  Granting  permission  to  Members  to  — 

if  registered  between  specified  dates 

Truck,  Lift  —  and  Portable  Elevator  Manufac- 
turing {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 

Coating  Supplement,  No.  36) 

Tube,  Collapsible  {see  also  Collapsible  Tube) 

Tube,  Fibre  Can  and  {see  also  Fibre  Can  and  Tube) 
Tube,  Wire,  Rod  and  —  Die  {see  also  Wire,  Rod, 

and  Tube  Die) 

Tubing,  Flexible  Metal  Hose  and  —  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  33) 

Tubular,  Steel  —  and  Firebox  Boiler  {see  also  Steel 

Tubular  and  Firebox  Boiler) 

Tumbler,  Automatic  —  Glassware  Division.    {See 

American  Glassware.) 
Turning,  Ornamental  Moulding,  Carving  and  {see 
also  Ornamental  Moulding,  Carving  and  Turn- 
ing)  

Turning,    Variety    Wood  —  and   Small   Turned 
Wood  Handles  Division.     {See  Wood  Turning 
and  Shaping.) 
Turning,  Wood  —  and  Shaping  Industries,     {see 

also  (Wood  Turning  and  Shaping  Industries) 

Tuyeres,  Sleeve,  Nozzle,  and  Runner  Brick  and 
—  Division.     {See  Refractories.) 


10-31-33 


7-25-34 
7-  7-34 

1-31-34 

7-21-34 
2-10-34 
3-26-34 

7-27-34 

7-27-34 

5-31-34 

5-  1-34 

7-  7-34 
6-18-34 
6-30-34 

7-28-34 


6-23-34 
3-17-34 
2-24-34 

2-  1-34 


5-24-34 
10-23-33 

2-  5-34 

4-  4-34 


II 


149 


XIV 
XIII 

V 

XIII 

VI 

VIII 

XIV 

XIV 

XI 

IX 

XIII 
XII 

XII 

XIV 


XII 

VIII 

VII 

VI 


XI 

II 

VI 
IX 


345 
523 

751 

683 
431 
711 

578 

579 

807 

947 

726 

642 
686 

580 


461 
209 

285 

65 


543 

57 

205 
125 


707 


Code 
No. 

Industry 

Date 

Volume 

Page 

303 

Twine  and  Cordage  Division.     {See  Wholesaling 

or  Distributing  Trade.) 
Twine,   Cordage  and  —   (see  also  Cordage  and 

Twine)  _-                                               .-.    .   - 

2-21-34 
7-27-33 

10-30-33 

4-  6-34 
4-14-34 

5-29-34 
10-  9-33 

2-  2-34 
7-27-34 
4-27-34 

6-20-34 
7-13-34 
9-18-33 
3-16-34 
5-10-34 
6-  8-34 
7-13-34 

4-26-34 

3-29-34 

5-14-34 

7-21-33 
10-20-33 

2-10-34 

3-  6-34 
11-27-33 

12-11-33 

1-16-34 
3-10-34 
8-  4-34 

4-27-34 
2-  8-34 

3-23-34 

VII 

I 
II 

IX 
IX 

XI 

I 

VI 

XIV 

IX 

XII 
XIII 

I 

VIII 

X 

XI 

XIII 

IX 

IX 

X 

I 
II 

VI 
VI 

III 

IV 

V 

VII 

XIV 

IX 
VI 

VIII 

?57 

386 

Temporarily  placed  under  Cotton  Textile 

Modification  of  E.xecutive  Order  of  July  27, 
1933,  placing  Cordage  and  Twine  Industry 
temporarily  under  Cotton  Textile  Industry. 
Twine,  Cordage  and  Wrapping  —  Division.     (See 

Cordage  and  Twine.) 
Twisted-in-Wire  Manufacturers'   Division.      (See 

Brush  Manufacturing.) 
Typesetting  Trade.     {See  Graphic  Arts.) 
Umbrella  Frame  and  Umbrella  Hardware  Manu- 
facturing 

725 
695 

179 

Code  Authority,  Extending  time  to  elect 

Contracts,  Sta\'  of  Code  j^rovisions  relevant 
to  readjustment  of  existing 

919 

804 

51 

Umbrella  Manufacturing 

613 

Amendment,  No.  1  __ 

605 

Amendment,  No.  2 

191 

408 

Undergarment  and  Negligee 

491 

Competitive  conditions.  Extending  time  for 
the  Committee  to  file  reports  on 

651 

23 

Wages,  Stay  of  provisions  relevant  to 

Underwear  and  Allied  Products  Manufacturing. __ 
Amendment,  No.  1 

750 
309 
639 

Amendment,  No.  2 

535 

Amendment,  No.  3 

425 

Amendment,  No.  4 

307 

Distress  Merchandise,  Extension  of  time  to 
file  plan  for  regulating  the  disposal  of 

Knit  Elastic  Group,  Exemption  for  machine 
and  cmploj'ee  hours  in  the 

935 

887 

Machine   operation,    partial   termination    of 
stav  for  hours  of 

966 

Temporarily    placed    under    Cotton    Textile 
Industry 

717 

Stav  extended 

697 

272 

Underwear,     Hosiery     and     —     Division.     {See 
Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  8.) 
Uniforms.     {See  Athletic  Goods  Manufacturing.) 
Unit  Heater  and/or  Unit  Ventilator  Manufactur- 
ing _  _ 

355 

Upholstery  and  Decorative  Fabrics  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  1)                                        

687 

125 

Upholstery  and  Draperv  Textile 

259 

Extension  for  time,   Further  —  for  certain 
manufacturers  to  elect  not  to  be   bound 
under  the  Code  of  Fair  Competition  for 
the                                                  __   -    --      --- 

686 

212 

Upholstery,  Drapery  and  —  Trimming  {see  also 
Drapery  and  Upholsterv  Trimming)                 .    _ 

2?5 

'^'><) 

Upholsterv  Spring  and  Accessories 

605 

Amendment,  No.  1 

317 

Price,  Stay  of  provisions  relevant  to  —  filing 
and  publication 

941 

?67 

Used  Textile  Bag                            .      ._   . 

295 

Hazardous  occupations,  Extension  of  time  to 
file  list  of  —  for  minors 

873 

708 


Code 
No. 

Industry 

Date 

Volume 

Page 

380 

Used    Textile    Machinery    and    Accessories    Dis- 
tributing Trade                                    

4-  4-34 
3-  2-34 

4-17-34 

3-31-34 

12-15-33 

10-31-33 

8-  4-34 

5-  1-34 

6-  9-34 

7-1G-34 

10-  3-33 

12-  7-33 
12-30-33 

7-  5-34 

1-24-34 
2-10-34 
5-15-34 

7-22-34 
11-27-33 

4-19-34 
3-10-34 

11-  4-33 

9-  7-33 
12-30-33 

3-16-34 
1-10-34 

IX 
VII 

IX 
IX 
IV 

II 

XIV 

IX 
XI 

XIII 

I 
III 

IV 
XII 

V 

VI 

X 

XIII 

III 

IX 
VII 

II 
I 

IV 
VIII 

V 

81 

317 

Vacuum  Cleaner  Manufacturing 

Cost  Accounting,  Extending  time  to  file  — 
svstem                                       -    

449 
921 

376 
153 

Valve,  Air  {see  aho  Air  Valve) -^ 

Valve  and  Fittings  Manufacturing              !__'  1_    _ 

25 
29 

71 

Varnish,  Paint  and  —  Brush  Manufacturers'  Divi- 
sion.    (See  Brush  Manufacturing.) 

Varnish,    Paint  —   and    Lacquer    Manufacturing 
{see   also   Paint   Varnish  and    Lacquer    Manu- 
facturing) 

169 

Varnish.  Wholesale  Paint,  and  —  Lacquer,  Allied 
and  Kindred  Products  Trade  (see  also  Whole- 
saling or  Distributing  Trade  .Supi)lement,  No. 
18)                    .         . 

547 

411 
461 

Vault,  Bank  and  Security  —  Manufacturing  {see 
also  Bank  and  Security  Vault  Manufacturing)-- 
Vegetable  Ivorv  Button  Manufacturing 

539 
268 

486 

Vehicle  Body,  Commercial  {see  also  Commercial 
Vehicle  Bodv)                      ._      __-_ 

159 

46 

Vehicle,  Motor  —  Retailing  Trade  {see  also  Motor 
Vehicle  Retail  Trade)                   - .  -    .      -    - 

563 

147 

Vehicle,    Motor  —  Storage  and   Parking   Trade 
{see  also   Motor  Vehicle  Storage  and  Parking 
Trade) ---       ^--.- 

577 

188 

Velvet          -   - '_i'^_^-_ 

539 

Amendment,  No.  1 

399 

229 
272 

Veneer     Division.     {See     Lumber     and     Timber 

Products.) 
Venetian  Blind 

Ventilator,   Unit  Heater  and/or  Unit  —  Manu- 
facturing   {see   also   Vuit   Heater  and/or   Unit 
Ventilator  Manufacturing) 

447 
355 

Violations,    Prohibiting    dismissal    of    employees 
for  reporting  alleged  —  for  Codes  of  Fair  Com- 
petition   

Visible  Filing  Equipment  Division.      {See  Business 
Furniture,  Storage  Equipment  and  Filing  Sup- 
ply.) 

Vitreous  China  Plumbing  Fixtures  Division.      {See 
Pluml)iiig  Fixtures.) 

Vitreous  Enameled  Ware  Manufacturing  (.see  also 
Fal)ricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 
No.  43)                                                 

949 
709 

136 
395 

Vitrified  Clav  Sewer  Pipe  Manufacturing 

Volley    Ball.'    (.Sec   Athletic   Goods    Manufactur- 
ing.) 
Wadding.         -        ..      . 

445 
297 

326 
92 

Wallboard,  Fibre  (see  also  Fibre  Wallboard) 

Wall,  Floor  and  —  Clav  Tile  {see  also  Floor  and 
Wall  Clav  Tile)-.-     "   .       

565 
443 

19 

Wall  Paper  Division.      {See  Wholesaling  or  Dis- 
tributing Trade.) 
Wall  Paper  Manufacturing 

267 

Amendment,  No.  1                         _      ._    _. 

677 

Wallpaper,  Wholesale  —  Trade  {see  also  Whole- 
saling or  Distributing  Trade) 

Wall  Structure,  MetaUic  —  Industrial  Subdivision 

turing  and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

771 
703 

709 


Industry 


Walls,  Suspended  —  and  Arches  Division.      (See 

Refractories.) 
Ware,    Galvanized   —    Manufacturing    {see    also 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing   and    Metal   Coating   Supple- 
ment, No.  27) 

Warehousing,    Merchandise   — •    Trade    (see    also 

Merchandise  Warehousing  Trade) 

Warehousing,  Secondary  Steel  Products  —  Trade 
(see  also  Secondary  Steel  Products  Warehousing 

Trade) 

Warm  Air  Furnace  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Code  Administration,  Termination  of  Exemp- 
tion for  collection  of  expenses  of 

Warm  Air  Pipe  and  Fittings  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  31) 

Warm  Air  Register 

Warps,  Cotton  —  Division.     (See  Wool  Textile 

Amendment,  No.  1.) 
Wash  Goods  Division.     (See  Cotton  Textile  Sup- 
plement, No.  1.) 

Washing  and  Ironing  Machine  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Code  Administration,  Termination  of  exemp- 
tion relevant  to  collection  of  expenses  of  _  _ 

Price  quotation,  Stay  of  provisions  for 

Washing  Machine  Parts  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  29) 

Waste,    Machined    —    Manufacturing    (see    also 

Machined  Waste  Manufacturing) 

Waste  Paper  Trade  (see  also  Scrap  Iron,  Nonfer- 
rous  Scrap  Metals  and  Waste  Materials  Trade 

Supplement,  No.  1) 

Waste,  Scrap  Iron,  Nonferrous  ^Scrap  Metals 
and  —  Materials  Trade  (see  also  Scrap  Iron, 
Non-ferrous  Scrap  Metals  and  Waste  Materials 

Trade) 

Watch  Case  Manufacturing 

Unstamped  watch  cases  may  be  sold,  Exten- 
sion of  time  during  which 

Water  Carrier,  Inland  —  Trade  in  the  Eastern 
Division  of  tne  United  States  Operating  Via  the 
New  York  Canal  System  (see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United   States   Operating   Via  the   New   York 

Canal  System) 

Water  Heater,  Automobile  Hot  —  Manufac- 
turing (see  also  Automotive  Parts  and  Equip- 
ment Manufacturing  Supplement,  No.  1) 

Water  Meter  Manufacturing  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  8) 


Date 

Volume 

5-17-34 

XI 

1-27-34 

V 

7-10-34 

11-27-33 

4-30-34 

6-27-34 

XIII 

III 

X 
XII 

7-24-34 

XIV 

5-18-34 
6-28-34 

XI 
XII 

11-  4-33 
4-19-34 
6-  2-34 
6-22-34 

II 

X 

XI 
XII 

8-  2-34 
5-16-34 

XIV 
X 

5-17-34 

XI 

12-  7-33 

III 

7-12-34 

XIII 

3-12-34 
12-23-33 

VIII 
IV 

7-31-34 

XIV 

2-  6-34 

VI 

6-25-34 

XII 

5-16-34 

X 

Page 


441 
495 


19 
461 
507 
331 

566 


501 

145 


461 
419 

387 
277 

600 
974 


467 
607 

575 


1 
403 

589 


281 

475 
935 


710 


Industry 


Water  Polo.   (See  Athletic  Goods  Manufacturing.) 
Watcrpower  Equipment  (see  also  Macliinery  and 

Allied  Products  Supplement,  No.  13) 

Waterproofing,  Dampproofing,  Caulking  Com- 
pounds and  Concrete  Floor  Treatments  Manu- 
facturing  

Waterproof  Paper 

Water  Softener  and  Filter  {see  also  Macninery  and 

Allied  Products  Supplement,  No.  28) 

Waterproof  Specialties,  Sanitary  and  —  Manu- 
facturing   (.see    also   Sanitary    and    Waterproof 

Specialties  Manufacturing) 

Waxed  Paper 

Wax,  Furniture  and  Floor  —  and  Polish  (see  also 

Furniture  and  Floor  Wax  and  Polish) 

Wear  Buttons,  Men's  —  Division.     {See  Whole- 
saling or  Distributing  Trade.) 
Weaving,   Temporary  placing  of   Rayon  —  In- 
dustry under  the  Cotton  Textile  Industry 

Welt  Manufacturing 

Wet  Ground  Mica  Division.     {See  Mica.) 

Wet  Mop  Manufacturing 

Amendment,  No.  1 

Wheel,    Buff   and    Polishing    (see   also   Buff   and 

Polishing  Wheel) 

Wheel,  ChiUed  Car  (see  also  Chilled  Car  Wheel) .-. 

Wheel,  Grinding  (see  also  Grinding  Wheel)   

Wholesale,  Alcoholic  Beverage  (Labor  Provisions) 

Wholesale  Automotive  Trade 

Amendment,  No.  1 

Wholesale  Coal 

Amendment,  No.  1 

Bids,  Staying  application  of  Order  relevant  to 

• —  Rendered  to  governmental  agencies 

Code  Authorities,  Appointment  of  Adminis- 
tration Members  on  Coordination  Boards 

of  the  Several 

Sales  to  hospitals,  Disallowing  special  exemp- 
tions for 

Wholesale  Confectioners' 

Amendment,  No.  1 

Distribution  of  Merchandise,  Extending  stay 

of  Article  VIII,  Rule  21  covering 

Trade  Practice  Provision,  Extension  of  stay 

for  one 

Wholesale  Dry  Goods  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  8) 

Wholesale  Food  and  Grocery  Trade 

Amendment,  No.  1 

Amendment,  No.  2 

Labor  Provisions 

Transportation  charges,  stay  for  method  of 

computing 

Wages   of   labor,    Approving   allowance   for 

actual 

Wholesale  Hardware  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  17)--. 

Wholesale  Lobster  {see  also  Fieherv  Supplement, 

No.  2) - 

Wholesale,  Local  —  Bakers'  Division.  {See 
Baking.) 


Date 

Volume 

6- 

-  7- 

-34 

XI 

11- 

-27- 

-33 

III 

2- 

-17- 

34 

VII 

7- 

-  9-34 

XIII 

3- 

-17- 

34 

VIII 

12- 

-18- 

-33 

IV 

1- 

-23- 

-34 

V 

7- 

-14^33 

I 

7- 

-20- 

-34 

XIII 

1- 

-23- 

-34 

V 

7- 

29-34 

XIII 

11- 

-  4-33 

II 

2- 

-17- 

-34 

VII 

12- 

-21- 

-33 

IV 

5-22- 

-34 

X 

12- 

-18- 

-33 

IV 

7- 

-14-34 

XIII 

3- 

-  1- 

-34 

VII 

7- 

-20-34 

XIII 

6-27- 

-34 

XII 

6-21- 

-34 

XII 

5-28- 

-34 

XI 

6-  6- 

-34 

XI 

7- 

-17- 

-34 

XIII 

6-21- 

-34 

XII 

7- 

-23- 

-34 

XIV 

5-14-34 

X 

1- 

-  4-34 

V 

4-  4r-34 

IX 

8- 

-  2- 

-34 

XIV 

11- 

-15-33 

III 

5-25-34 

X 

3- 

-21- 

-34 

VIII 

7- 

-30- 

-34 

XIV 

4-13- 

-34 

IX 

711 


Industry 


Volume 


Wholesale  Millinery  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,    No.    3) 

Wholesale  Monumental  Granite 

Price  lists,  Extending  time  to  file 

Wholesale  Monumental  Marble 

Wholesale,  Optical  —  Industry  and  Trade  (see 
also  Optical  Wholesale  Industry  and  Trade).-. 
Wnolesale  Paint,  Varnish,  Lacquer,  Alliea  and 
Kindred  Products  Trade  (see  also  Wholesaling 
or  Distributing  Traoe  Supplement,  No.  18)--. 
Wholesalers',  Button  Jobbers'  or  —  Trade  {see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  15) 

Wholesale  Stationery  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  6) 

Wholesale  Tobacco  Trade 

Prices,    Determination    of    basis    for    fixing 

minimum 

Wholesale  Wallpaper  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  2) 

Wholesaling,  Fur  —  and  Distributing  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  11) 

Wholesaling  or  Distributing  Trade 

Beauty  and  Barber  Supplies  Division 

Button  Division 

Charcoal  and  Packaged  Fuel  Division 

Cycle  Jobbers  Division 

Dry  Goods  Division 

Electrical  Supplies  Division 

Embroidery  Supplies  Division 

Floor  Covering  Division 

Furriers'  Supplies  Division 

Hardwa re  Division 

Hats  and  Caps  Division 

Jewelry  Division 

Men's  Novelty  Jewelry  Division 

Men's  Wear  Buttons  Division 

Notion,    Thread    and    Women's    Garments 

Division 

Radio  Division 

School  Supplies  Division 

Sheet  Metal  Division 

Silverware  Division 

Supplies  Division 

Twine  and  Cordage  Division 

Upholstery  and  Decorative  Fabrics  Division. . 

Wall  Paper  Division 

Woolen    and    Trimming    Garment    Supplies 

Division 

Supplement,    No.    1    (For    Upholstery    and 

Decorative  Fabrics  Trade) 

Supplement,  No.  2  (For  Wholesale  Wallpaper 

Trade) 

Amendment,  No.  1 

Supplement,  No.  3  (For  Commercial  Station- 
ery and  Office  Outfitting  Trade) 

Supplement,  No.  4  (For  Beauty  and  Barber 

Ec}uipment  and  Supplies  Trade) 

Supplement,  No.  5  (For  Wholesale  Millinerv 

^  Trade) -_ 

Supplement,  No.  6,  for  Wholesale  Stationery 
Trade 


4-16-34 
5-31-34 
7-  5-34 
7-1^34 

5-31-34 


8-  4-34 

7-2G-34 

4-21-34 
6-  9-34 

7-12-34 

3-16-34 

6-  9-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 

1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 

1-12-34 

3-  6-34 

3-16-34 
5-10-34 

3-16-34 

4-  4-34 
4-16-34 
4-21-34 


IX 

XI 

XII 

XIII 

XI 


XIV 

XIV 

X 

XI 

XIII 
VIII 

XI 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 

V 
V 
V 
V 
V 
V 
V 
V 
V 

V 

VII 

VIII 
X 

VIII 

IX 

IX 

X 


712 


Industry 


Wholesaling  or  Distributing  Trade — Continued. 
Supplement,   No.   7,  for  Radio   Wholesaling 

Trade 

Supplement,  No.  8,  for  Wholesale  Dry  Goods 

Trade 

Hosiery  and  Underwear  Division 

House  Furnishings  Division 

Knitted  Outerwear  Division 

Men's" Furnishings  Division 

Notions  Division 

Piece  Goods  Division 

Ready-to-wear  Division 

Supplement,    No.    9,   for   Leather  and   Shoe 

Findings  Trade 

Supplement,    No.    10,   for   Furriers   Supplies 

.    Trade 

Supplement,  No.  11,  for  Fur  Wholesaling  and 

Distributing  Trade 

Supplement,  No.  12,  for  School  Supplies  and 

Equipment  Trade 

Supplement,  No.  13,  for  Athletic  Goods  Dis- 
tributing Trade 

Supplement,  No.  14,  for  Woolens  and  Trim- 
mings Distributing  Trade 

Supplement,  No.  15,  for  Button  Jobbers'  or 

Wholesalers'  Trade 

Men's  Wear  Division 

Women's  Wear  Division 

Supplement,   No.   16,  for  Sheet  Metal  Dis- 
tributing Trade 

Supplement,    No.    17,    for   Wholesale   Hard- 
ware Trade 

Supplement,    No.    18,    for   Wholesale    Paint, 
Varnish,     Lacquer,     Allied    and     Kindred 

Products  Trade 

WhoUy  or  Semi-Hand  Made  Bag  Division.     {See 

Paper  Bag  Manufacturing.) 
Wide  Bed  Sheeting.      {See  Cotton  Textile.) 
Window    Face    Bag   Division.     {See   Paper   Bag 
Manufacturing.) 

Window,  Metal  {see  also  Metal  Window) 

Wiping  Cloth 

Wages,  Extending  time  for  submission  of  a 

plan  to  adjust  —  above  the  minimum 

Wire   and    Cable    Subdivision.      {See    Electrical 

Manufacturing.) 
Wire,   Bright  - —  Goods  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal    Finishing   and    Metal    Coating   Supple- 
ment, No.  21) 

Wire,      Brush      Manufacturers'      Division.     {See 

Brush  Manufacturing.) 
Wire,  Complete  —  and  Iron  Fence  {see  also  Fab- 
ricated   Metal    Products    Manufacturing    and 
Metal  Finishingand  Metal  Coating  Supplement, 

No.  38) 

Wire  Covering,   Knitting,   Braiding  and  —  Ma- 
chine   (.see   a/60    Knitting,    Braiding   and    Wire 

Covering  Machine) 

Wire  Machinery  (.see  also  Machinery  and  Allied 
Products  Supplement,  No.  5) 


Date 

Volume 

4-21-34 

X 

5-14-34 
5-14-34 
5-14-34 
5-14-34 
5-14-34 
5-14-34 
5-14-34 
5-14-34 

X 
X 
X 
X 
X 
X 
X 
X 

5-17-34 

XI 

6-  2-34 

XI 

6-  9-34 

XI 

7-  5-34 

XII 

7-17-34 

XIII 

7-23-34 

XIV 

7-26-34 
7-26-34 
7-26-34 

XIV 
XIV 
XIV 

7-27-34 

XIV 

7-30-34 

XIV 

8-  4-34 

XIV 

1-13-34 
2-17-34 

V 

VII 

3-26-34 

VIII 

5-  7-34 

X 

7-  3-34 

XII 

10-  3-33 

I 

5-  9-34 

X 

Page 


611 

885 

885 
885 
885 
885 
885 
885 
885 

493 

609 

737 

599 

619 

321 

369 
369 
369 

381 

451 

547 


133 
199 

877 


781 


545 

411 
807 


713 


Industry 


Wire,  Pulp  and  Paper  Mill  —  Cloth  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  44) 

Wire,  Rod,  and  Tube  Die 

Wire  Rope  and  Strand  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  34) 

Wire  Tack,  Cut  Tack,  — ,  and  Small  Staple  Manu- 
facturing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 

Coating  Supplement,  No.  40) 

Witch  Hazel 

Women's  Belt 

Amendment,  No.  1 

Overtime,  Permitting  —  under  certain  condi- 
tions for  the  —  industry 

Women's  Garments,  Notion,  Thread  and  —  Di- 
vision.     (See    Wholesaling    or    Distributing 
Trade.) 
Women's  Wear,  Carded  —  Division.     (See  Wool 

Textile  Amendment,  No.  1.) 
Women's  Wear  Division.     (See  Wholesaling  or  DiS' 

tributing  Trade  Supplement,  No.  15.) 
Women's  Wear,  Worsted  —  Division.     (See  Wool 
Textile  Amendment,  No.  1.) 

Wood  Cased  Lead  Pencil  Manufacturing 

Wood,  End  Grain  Strip  —  Block  (see  also  End 

Grain  Strip  Wood  Block) 

Wooden  Insulator  Pin  and  Bracket  Manufactur- 
ing  

Wooden  Pail  and  Tub  Subdivision.     (See  Lumber 

and  Timber  Products  Amendment,  No.  18.) 
Wood  Fabric  Shade,  Woven  (see  also  Woven  Wood 

Fabric  Shade) 

Wood  Floor  Contracting   (see  also  Construction 

Supplement,  No.  11) 

Wood  Heel 

Amendment,  No.  1 

Wood,  Metal  Hat  Die  and  —  Hat  Block  (see  also 

Metal  Hat  Die  and  Wood  Hat  Block) 

Wood  Plug 

Wood  Preserving 

Wood  Screw  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 

24) 

Wood  Specialty  —  Flooring  Division.  (See  Lum- 
ber and  Timber  Products  Amendment,  No.  9.) 

Wood  Turning  and  Shaping  Industries 

Brush  Handle  and  Brush  Block  Division 

Candy  Stick  Division 

Clothespin  Division 

Flat  and  Shaped  Products  Division 

Skewer  Division 

Spool  Division . 

Toothpick  Division 

Variety    Wood   Turning  and   Small   Turned 

Wood  Handles  Division 

Clothespin  Division,  Extending  time  for 

the  —  to  file  prices 

Clothespin  Division,  Extending  time  to 
file  prices  for  the 


Date 

Volume 

7-30-34 
2-  1-34 

XIV 
VI 

5-24^34 

XI 

7-  6-34 

2-  1-34 

10-  3-33 

3-24-34 

XIII 
VI 

I 

VIII 

3-  6-34 

VII 

2-17-34 

VII 

12-30-33 

IV 

3-16-34 

VIII 

6-28-34 

XII 

5-29-34 
2-  9-34 
8-  1-34 

XI 

VI 

XIV 

1-23-34 

ll-14r-33 

7-13-34 

V 

III 

XIII 

5-10-34 

X 

4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 

IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 

4-  4-34 

IX 

5-11-34 

X 

6-27-34 

XII 

714 


Industry 


Woodwork  Division.      {See  Lumber  and  Timber 

Products.) 
Woodworking  Machinery  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  6) 

Wool-felt.     {See  Hat  Manufacturing.) 

Woolen  and  Trimming  Garment  Supplies  Division. 

{See  Wholesaling  or  Distributing  Trade.) 
Woolen  Goods,  Knitted  —  Division.      {See  Wool 

Textile  Amendment,  No.  1.) 
Woolen,    Leather   and   —    Knit    Glove    {see   also 

Leather  and  Woolen  Knit  Glove) 

Woolen  and  Trinmaings  Distributing  Trade  {see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  14) 

Wool  Felt  Manufacturing 

Occupations,  Classification  of  hazardous  —  in 

the  —  industry- 

Wool,  Reworked  —  Division.      {See  Wool  Textile 

Amendment,  No.  1.) 
Wool,  Rock  and  Slag  —  Manufacturing  {see  also 

Rock  and  Slag  Wool  Manufacturing) 

Wool  Scourers  and  Carbonizers  Division.  {See 
Wool  Textile  Amendment,  No.  1.) 

Wool,  Steel  {see  also  Steel  Wool) 

Wool  Stock  Trade  Division.  {See  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 
Trade.) 

Wool  Textile 

Amendment,  No.  1 

Blankets  Division 

Carded  Men's  Wear  Division 

Carded  Spinner  Division 

Carded  Women's  Wear  Division 

Combers  Division 

Cotton  Warps  Division 

Knitted  Woolen  Goods  Division 

Piece  Goods  Selling  Division 

Reworked  Wool  Division 

Topmakcrs  Division 

Wool  Scourers  and  Carbonizers  Division 

Worsted  Men's  Wear  Division 

Worsted    Spinners,     Bradford     System, 

Division 

Worsted  Spinners,  French  System,  Divi- 
sion  

Worsted  Women's  Wear  Division 

Amendment,  No.  2 

Export  Sales,  Exemption  from  Practice  and 
Merchandising  rules  for  the  Piece  Goods 

Selling  Division  for 

Labor  Controversies,  Administration  of 

Practice  and  Merchandising,  Approving  rules 

of 

Productive  Machinery,  Stay  of  limitation  on 

use  of 

Sales  Yarn  Division,   Rules  of  Practice  and 

Merchandising 

Topmakers  Division,  Rules  of  Practice  and 

Merchandising 

Wool  Trade 

Workers,  Prescribing  Rules  and  Regulations  for 
the  Interpretation  and  Application  of  Certain 
Laljor  Provisions  of  the  Codes  of  Fair  Compe- 
tition as  they  may  affect  Handicapped 


Date 


5-14-34 


11-  4-33 


7-23-34 
11-27-33 

3-  2-34 


Volume 


X 


II 


XIV 

III 

VII 


3-  6-34 

VII 

2-28-34 

VII 

7-26-33 

I 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

1-23-34 

V 

3-26-34 

VIII 

7-  5-34 

XII 

6-28-34 

XII 

3-27-34 

VIII 

7-11-34 

XIII 

5-28-34 

XI 

5-  5-34 

X 

1-16-34 

V 

2-17-34 

VII 

715 


Code 
No. 


473 
331 


318 


14 
475 


Industry 


Workshops.     {See  Sheltered  Workshops.) 
Worsted.     {See  Wool  Textile  Amendment,  No.  1.) 
Woven  Elastic  Division.     {See  Narrow  Fabrics.) 

Woven  Wood  Fabric  Shade 

Wrapped,  Bulk  Drinking  Straw,  —  Drinking 
Straw,  Wrapped  Toothpick,  and  Wrapped 
Manicure  Stick  {see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Tooth- 
pick, and  Wrapped  Manicure  Stick) 

Wrapping  Twine,  Cordage  and  —  Division.  (jSee 
Cordage  and  Twine.) 

Wrecking  and  Salvage 

Wrenches,  Drop-forged  —  (Carbon)  Division. 
{See  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  15.) 
Wrench  Manufacturing  {see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  15) 

Wrestling.     {See  Athletic  Goods  Manufacturing.) 

Yarn.     {See  Cotton  Textile.) 

Yarn,   Rayon   and    Synthetic  —  Producing   {see 

also  Raj'on  and  Synthetic  Yarn  Producing) 

Yeast 

Zones,  Establishment  of  Trade.     {See  Fertilizer.) 


6-28-34 


3-14-34 


3-  3-34 


4-  4-34 


8-26-33 
7-  2-34 


Volume 

XII 

VIII 
VII 

IX 


I 

XII 


161 

13 

459 

789 


223 
197 


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