NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 6, 1935
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Registry No. 13098-1-01
Approved Code No. 394-Amendment No. 1
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Approved Code No. 394-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
LIGHTNING ROD MANUFACTURING INDUSTRY
As Approved on April 6, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
Li mTNING, ROD MANUFACTURING INDUSTRY
An application having been duly made 1pursuant 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 Lightning Rod Manu-
facturing Industry, and an 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, the National Industrial Recovery Board pursuant to author-
ity vested in it by Executive Orders of the President, including Ex-
ecutive Order No. 6859, dated September 27, 1934, and otherwise, does
hereby incorporate by reference, said annexed report and does 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 does
hereby order that said amendment be and it is hereby approved, and
that. the previous approval of said Code is hereby modified to in-
clude an approval of said Code in its entirety as amended, such ap-
proval and such amendment to take effect twenty (20) days from
the date hereof, unless good cause to the contrary is shown to the
National Industrial Recovery Board before that time and the Na-
tional Industrial Recovery Board issues a subsequent order to that
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
JOHN W. UPP,
Acting Divsion Administrator.
WASHINGTON, D. C.,
April 6, 1935.
REPORT TO THE PRESIDENT
The White Houis e.
SIR: An application has been duly made pursuant to and in full
compliance with provisions of the National Industrial Recovery
Act for an Amendment to the Code of Fair Competition for the
Lightning Rod 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 No.
G678, dated April 14. 1934, and Adminis.trative Order X-36, dated
May 2G, 1934, and it is therefore evident that the proposed Amend-
ment to Article VI, new 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.
The Acting Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said Amendment to said Code,
having found as herein set forth and on the basis of all proceedings
in this matter.
It has been found 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 gen-
eral welfare by promoting the organization of Industry for the
purposes 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 present productive capacity of Industry, and by avoiding un-
due restriction of products (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
(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.
(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 the approval
of said amendment.
For these reasons, therefore, the Board has approved this Amend-
For the National Industrial Recovery Board:
W. A. HARRIMAN,
APRIL 6, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LIGHTNING ROD MANUFACTURING INDUSTRY
In fourth line, Article VI, Section 4, insert period after the
word 'b membership and delete remainder of Section so that Sec-
tion 4 will then read as follows:
"Any member of the industry is and shall be eligible for member-
ship in the trade association of the Lightning Rod Manufacturing
Industry, and there shall be no inequitable restrictions on admission
to such membership."
Delete Section 7 (f) of Article VI in its entirety and in place of
these deletions incorporate a new Section 9 of Article VI as follows:
Section 9-It being found necessary in order to support the ad-
ministration 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 National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
may deem necessary (1) an itemized budget of its estimated expenses
for the foregoing purposes, and (2) an equitable basis from 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 National Industrial Recovery Board, 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 pro-
ceedings therefore in its own name.
(d) 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 National Industrial
Recovery Board. Only members of the Industry complyng with the
Code and contributing to the expenses of its administration as here-
inabove provided, (unless duly excepted from making such contri-
butions), 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 Na-
tional Recovery Administration.
(e) 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 National
Industrial Recovery Board; and no subsequent budget shall contain
any deficiency iteni for expenditures in excess of prior budget esti-
mates except those which the National Industrial Recovery Board
shall have so approved.
Approved Code No. 394--Amendment No. 1.
Registry No. 1308-1-01.
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