I t __ ,
For sale by the Sulperintendent of Documents. Washington, D.C. - Price 5 oceans
Registry No. 1399--61-
Approved Code No. 84--Supplement No. 50
NATIONAL RECOVERY ADMIINISTRATION
SUPPLE ME NTARY
CODE OF FAIR COMPETITION
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON SEPTEMBER 1, 1984
COVERNMIENT PRINTING OFFICE
This publh~ntioni Is for sale by the Superintendentrr of Documents, Governmente
Printinlg Officet, Wa';shiglunoll D.C., and by district offices of thle Burea;u of Foreign
and Domuestic Commllerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 5041 Post Offic~e Buildinig.
Birminghlam, Ala.: 237 Federal B~uilding.
Boston, Masls. : 1801 Custombouse.
Buffalo, N.Y.; Chamlber of Commlerce Build~ing.
Chanrleston,, S.C3.: Chamnber of C'ommnerce Duildingr.
Chiengo, Ill.: Suite 1706, 20!1 North Wells Street,
Cleveland, Ohio: C'hamber of Comumerc~e.
Dalilas, Tex.: Chamber of Commierce Buildilng.
Detroit, Miich.: 501 First Nationals Banik Zunildling.
Houston, Tex.: Chambller of Commerce Unilding.
Indianapo~lis, Ind.: Chamber of Comlmerce D~uildling.
Jalcksonville, Fla.: Chamber of Commierce Building.
Kiansiasr City, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South B~roadwfay.
Louisviille, KyS.: 408 Federal Building.
MZemphis, Tenn.: 22L9 Federal Building.
M~innonlpolis, M~inn.: 213 Federal Building.
Newv Orleans, La.: Room 225-A, Customuhouse.
New\ York, N.Y. : 7i34I Curstombouse.
Nrorfolk, Va.: 4106 Ea~st Plume Street.
Ph~iladelphia,, Pa.: 4''21 Commercall Trus~t Building.
Pittsburgh, Pa.: Chamblerr of Commerce Buildling.
Portland. G~reg.: 215 New~ Post Office Building.
St. Louis, MIo.: 506j Olive Street.
Sain Francisco, Calif.: 310 Custombatape.
Seattle, Wash.: 800 Federal Office Basiding.
Approved Code No. 84---Supplement No. 50
SUPPLEMENTARY CODE OPF FAIR COMPETITION
VISE MANUFACTURING INDUSTRY
As Approved on September 1, 1934
APPROVINo SUPPLEMENTARY CODE OF FAIR COMP3ETITION FOR THEZ VIS3E
A DIVISION OF THE FABRICATED METAL PRODUCT MANU'lFACTRINGN AND
METAL FINISHING AND MdETAlL COAT~ING INDU~STRY
An application having been duly made pursuanrt to and in full1
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and i~n accordance with t~he
provisions of Section 1 of Article VI of the Basic Code for the
Fabricated Metal Products M~anufacturing and Metal Finishing and
Mlet~al Coating Induustry, approved NJovember 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Vise ~Manu-
facturing 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 thle President of the Urnited
States, 2, Hugh S. Johnson, Administrator for Industrial Reco~very,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6545-A, dated December
30, 1933, and otherwFise: do hereby incorporate by reference said
annexed report and do find that said Supplemnent~ary Code complies
in a~ll respects with the pertinent provsionsct and wil per~bomote
policy and purposes of said Title o adAt n ohrb re
that said Supplem~entary ode of F~air Competition be and it rs here-
Huan S. JoHNSoN,
Administrator for Indulstrial Reco~er~y.
Approval recom~menled :
BBaro~N W. Manant1,
1V ASHINGTON, D.C~.,
S'eptembner 1, 1939.
83875" 1181-3 34 (1)
REEPORT TO THE PRESIDENT
The ~hi~ to Hose.
Sir: This is a report on the Supplementary Code of Fair Competi-
tion for the Vise lifanufacturing Industry, a division of the Fabri-
cated Mletal Products Mlanufacturing and Mretal Finishing and
Metal Coating Industry, the hearing having been conducted thereon
in WVashington, D.C., M\ay 10, 1934, in accordance with the provi-
sions of Title I: of the National Industrial Recovery A4ct.
The Vise Mannufacturing Industry, beinar truly representative of
this division of the Fabricated Mletal Profucts M~anufacturing and
Metal Finish~ing and Mietal Coating Industry, has elected to avail
itself of t~he option of submitting a Sup~plem"entary Code of Fair
Competition, as provided for in Section 1 of Article VI of the Basio
Code for the Fabricated Metal Products M~anufacturing and M~etal
FinLishing and Mietal Coalting Industry approved by you on the sec-
oind day of November, 19;33. '
R1~niscari OF TH ODE
Article I states the purpose o~f the Supplementary Code.
Article II accurately defines specific termrs employed in the Sup-
Article III. This Industry is a division of the Fabricated Metal
Products Mlanufactur~ing and M1etal Finishing and Mletal Coating
Indust and he la or poisions of its Basic Code, as approved
INovembry 2d 193 labrethe labor provisions of this Supplementary
Arltic I~V estabtishes a. Supnnplmentar Code~t Aulthority con4nsiting
of five (5) members to be elected at a meeting called by the Tem-
porar~y Supplementary Code Authorit~y, and gives the Admninistrator
the authority to appoint one additional nembier without vote and. pro-
vides machnel~ ryr for ob~taining statistics and thle admlinistrantion of
the Supplementary Code.
Article V provides for cost finding and accounting.
Article VI provides for open price filing.
Article VII~ provides means for preventing destructive price
ArtcleVII ses frththeunfir ~rae practices of this Supple-
mientary Code which have been especiallydsiedtofetuar
competition in this division of the Industry.
ALrticle IX sets forth that nlo provisions of this Supplementary
Cfode relating to- prices or terms of selling, shippingr or markePtinga,
shall apply to export trade.
Article X contains the mandatory provisions contained in Section
10 (b) of the Act and-also provides for the submlission ofE proposed
amendments to the Supplementary Code.
Article XI provides against monopolies and monopolistic practices.
Article XII recognizes that price increases be limited to actual
additional increases in the seller's cost~s.
Article XIII states the effective date and duration of this Supple-
Thed Actpiengr Dept Administrator in his final report to me on.
sai Supleentry ode having fond a~s 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 Industrlal 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 orgraniza-
tion of industry for the purposes of cooperative action among thre
trade groups, by inducing and maintaining united action of labor
and management under adequate governmentall sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
th~e fullest possible utilization of the present productive capacity of-
industries, by avoiding undue restriction of production exceptt 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 SuPPlementar Code as approved complies in all respects
with the pertmnent 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
inequitable restrictions on admission. to membership theremn.
(d) The Supplem~entary Code is not designed to and will not per-
mit monopolies or monopolistic practices.
(c) The Supplemnentary Code is not designed to and will not elim-
inate or oppress small enterprises and wmi not operate to dliscrimninate
(f) Those engaaged in other steps of the economic process have
not been deprived of the right to be heasrd prior to alpprov9al of said
F~or these reasons, therefore, I have approved this Supplementary
IIrranI S. Jonuson,
SEPT'EM\BER 1, 1984.
SUPPLEMIENTARY CODE OF FAIR COMPETITION FOR
THE VISE MANUFACTURING INDUSTRY
A DIVISION OF THE FABRICATED LETHALL PRODUCTS RLLANUFACTUIRINGI AND
D1ETAL FINISHING AND RIETALI COATING INDUSTRY
To effectuate the policy of Title 1 of the National Industrial Re-
covery Act, the following provisions are established as a Supplemen-
tary Clode of Fair Competition for the VSise Ma~nufacturing Industry,
pursuant to Article VI of the Basic Clode of Fair Competition for
the Fabricated Mfetal Products Mlanufacturinga and M~etal Finishimra
and M~etal C~oating Industry, approvedl by the President of the Unitei
States on the 2nd day of November, 1933, and t~he provisions of this
Supplementary Code shall be the Standards of Fair Competition
for the Induslt~ry a~ndt shall be bindingr on every member thereof.
SSECTION 1. The term "' Vise M~anufacturing Industry ", he-=eafter
referred to as "' the Industry ", is definedi to mean t.he manufacture
for sale of metal Vises, commonly krnown to the trade ats Machinists,
FIiilers, Coachmakiers, Steamfitters, Combination Vises, Woodwork-
ing V~is~es, Clamp V~ises, Solid Box VTises, Clabin~etmakers, Body-
makers, Patternmak~er~s, Toolmakers, Unlive2rsal Vises, Machinists
Bench VSises, F'armers Vilses, Conrpenters VTises, Oral Slide Vises,
Garagne and/or Utilitly Vises (otherwise termed Steel Bar Vises),
Universal V~ises, H~ome Workshop TVises or Hodme and Garage Vises,
or any metal Vises used for th samle purpose! as the above listed Vtises
are used and not srpecifically named herein.
SECTION 2. The term "' emaployree '" as used herein, includes any and
all persons engaged in th~e Industry however compensated, except a
member of the Industry.
SCECTION 3. The terzz employer as used herein, includes any one
by w~hom anyT such employee Is compensated or employed.
SC~ECTION 4. 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 th~e Indus-
tryT either as an employer or on his or its own behalf.
SIECTIox 5i. The ters "' President ", "Act ", anld "LAdministrator "
as used herein, shall mean respectively the President of the United
States, Title Iof the National Industrial Recovery Act, and the
Admin~istrator for Industrial Recovery..
SecrzoN 6. The term Basic Code ", as usced herein, is defined to
meann the Basic Code of F~air Completition for the Fabricated M~etal
Products Mannufacturinga and M~etal Finishingr and Metal Coating
Industry, as approved by the President on the C2nd day of November,
SECTION 7. The termn Supplement~ary Code Author~ity as used
herein, means the agency which is to administer this Supplementary
Code as hereinafter provided.
SECTION 8. The term '' Supplementary Code Commnittee ",, as used
herein, is defined to mean7 the ~Boardl of Direct.ors of the Vise M~anu-
facturers Association, authorized by that A~ssociation to present, this
SECTION 9. The term "L Secretary ", as used herein, is defined to
mean the Secretary of the Supplemnentary Code Authority.
SECTIOrN 10 The termn Confiderltnti Agent ", as used herein, is
defined to miean the impartial agency designated by the Supple-
mentary Code Authority.
SECTION 11. The term Federation ", as usedL herein, is defined
to mean the Fabricated M~etal Products Federation or its successor.
SECTION 12. The term "LAssociation ", as used herein, is defined to
mean the Vise Manufacturers Association or its successor.
SECTION 13. The term special product ", as used herein, is defined
to mean a product of the Industry manufactured by a member of the
Industry according to specific design and,'or marking and/or other
specifications stipulated. by the purchaser, for sale to one such
ARTICLE IZII-EMPLOYMENT PROVISIONS
This Industry is a division of the Fabricated M~etal Products
Manufacturing and Mietal Ftiinishingr and M\etal Coating Industry,
and without limitation the wage, hour aind labor provisions in Arti-
cle III of its Basic Code as approved by the President November
2n1d, 1933, including Section 1. of said Article III, by which the
provisions of Sub-section (1), (2) and (3) of Section 7 (a) of Title I
of the Act are made conditions of this Code, are specifically incor-
porated herein and made a part hereof as th-e wage, hour and labor
provisions of this Supplemientary Code.
ARTICLE I\I RGANIZATION AN;D ADMINISTRATION
SECTION 1. During the period not to exceed sixtyS (60) days fol-
lowing the effective dlate of this Supplemnentary Code, the Supple-
mentary Code Committee shall constitute a TemprrySppe
mentary Code Authlority, until the Supplementary Cd uhrt
There shall be constituted within the sixty (60) day period a
Suppnlementantry~ Colde Aulhthrit consistingr of the President of the
Association who shall be an ex-officio member w~ith full votinnr
powers and five (5) elected members, to be elected by the members
of the Industry at a meeting called gby thle Tempora~ry Supple-
ment.zl.ry Code Authority- upon tenl (10) days' notice sent by reg-
istered mail to all members of ~the Industry, whose names may be
ascertained after diligent search, who may vote either in person or
by proxy. The members of the Supplemientary Code Aut~hority
first elected shall serve for one year or until such time as their
successors are elected. Thereafter, members of the Supplementatry
Code Authority shall be elected at a meeting of the members of
the Industry to be held at the time and place of each annual meet-
ing of the Association to serve until the following annual meeting,
due notice of the time and place of the election to be sent to al
members of the Industry whose names may be ascertained after
The members of the Supplementary Code Authority, except the
President of the Association, shall be elected in following
(a) One (1) member, who is a member of the Indust~ry and a
non-member of the Association, may be elected by a majority vote
of all non-members of the Association who are present, either in
person, or by proxy1, each member to have one vote.
(b) Four (4) members by a fifty-one percent (51J71) vote of the
members of the Association present, either in person or by proxy,
w~eigahted on the basis of one vote for each member of the Industry
and one additional vote for each five thousand dollars ($;5,000.00)
of annual net sales in t~he previous calendar year reported to the
Supplementary C~ode Authority, or any agency designated by it,
provided, however, that no one member may cast more than twenty-
fiv percent (25%~) of the total number of votes cast.
A vacancy iln the membership of the Supplementary Code Author-
ity~ shall be filled by a majority vote of the remaining members of the
Supplementary Code Authority, provided, however, that the vacancy
shall be filled from the class o~f membership in the Supplementary
Code Authority in which such vacancy occurs.
In addition thereto t~he Administrator may appoint a member of
the Supplementary Code Authority wvho without vote shall serve
without expense to the Industry, 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 Auzthority.
SECTION 2.-E~ach trade association directly or indirectly partici-
paig in the selection or activities of the Supplementary Code
Authority shall: (1) impose no inequitable restrictions on admission
to membership, and (2) shall submit to the Administrator true copies
of its Articles of Association, By-LawFs, Regulations and any amend-
mnents mande 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 8. Tn Order that the Supplementary Ciode Authority shall
at all times be truly representative of the Industry and in other
respects comply- w~ith the. provisions of t~he Act, the Administrator
may prescribe such hearings as he may deem proper; and, t~here-
after, if he shall find that the Supplementary Code Authority is not
truly~ representative or does not in other respects comply with the
provisions of the Act, may require appropriate modification of the
PSupplementary Code Authority.
SECTION 4. It being found necessary in order to support the admin-
istration of this Supplementary Code and to maintain the standards
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 anId
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as here~inaftetr provided and which
shall be held in trust for the purposes of the Supplementary Code.
(b) To submit to the Admimistrator for his approval, subject
to such notice andf opportunlity 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 Admimlstrator, to determine and obtain equitable
contribution as above. set forth by all members of the Industryl\ and
to that end, if nlecessar~y, to institute legal proceedings therefore In its
Each mlember of the Industr~y shall pay his or its equitable con-
tribution to t~he expenses of the maintenance of the Supplementary
Code Aiuthority, dletermuined as hereinabove provided, and, subject
to rules and regulations pertaining thereto issued by the Admin-
istrator. Only mlember Industry complying with the Supplementary
Code and contributing to the expenses of its adlministration as
hereinabove provided, unless duly exempted from. making such con-
tributions, shall be entitled to participate in the selection of members
of the Sup~plemuentary 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 Admiinistration.
The Sulpplementary 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 conta2ined in the approved budget except upon the
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 A~dministrator shall have
SECTION 5. Thle Sup~plementary Code Authority shall have all thne
powers and duties which shall be necessary and proper to enable it
to fully adm~inister this Sulpplemnentary Co~de and to effectuate its
Without limitation to the foreg~oing or any other powers or duties
provided for in this Supplementary C3ode, the Supplem~entar~y Code
Authority shall hlave the following further powers and duties:
(a) To adopt By-Laws and Rules and Regulations for its pro-
(b) To obtain from the members of the ICndustry, through its
Confidential Ag~ent, such information and reports as required for
the administration of this Supplementary~ C:ode. In addition to
information reqluiredl to be submitted to the Supplementary Code
Authority the members of the Inldustry, subject to this Supple-
mentary bode, shall furnish such statistical information as the
Admimst~rator may deem, necessary for the purposes recited inl Sec-
tioin 3(a) of the Act, to suchl Federal and State agencies as he ma~y
designate; provrided t~hat: nothimg in this SuppVlementaryy Code shall
relieve any member of the Indulstry of any existing obligations to
furnish reports to any Government agency. No individual report
shall be disclosed to any other members of the Industry or any other
party except t~o such other 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 comply with the provisions hereof.
(d) To mak~e recommendations to the Administrator for the
coordination of the administration of this Supplementary Code with
such other codes, if any, as may be related to or affect the members
of this Industry.
(e) To appoint a trade practice Commit~tee which shall meet with
t~he 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 relationship ewe routo n
distribution employers under this Supplmemwenary Ciodand unde
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.
(f) 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 industries and to recommend to the
Adlminnisrator measureIP s for indullstrial plarnning,_ inclulding stabiliza-
tion of employment.
(g) To furnish from time to time to the Basic Code Authority des-
ignated in said Basic Code such information as may be required to
be furnished under the terms of the Basic Code.
(h) To appoint a committee, with consumer and governmental
representatives designated by the Administrator, to make a study
of dimensional and quality standards to be applied to the products
manufactured by this Industry. Such committee shall report within
at least six (6) months to the Supplementary Code Authority, and
if the recommendations of said committee are approved by the Sup-
pl emetary oede Auhority n and the Admninistrator, the standards
thusestblihedshal b adered to by all members of this Industry
in manufacturing the products of this Industry.
SECTION 6. Pur~suant to the provisions of t'he Act. and subject to
such rules and regulations as the Ad~minist~rator may prescribe, the
Supplementary Code Authority shall have the power to investigate
all complaints filed with it byv one member of the Industry against
another member of the Industryl. In the event of complaint being
regristered with the Supplementary Code Authority against any cor-
p'Orate member of the Industry, alleging a violation of this Supple-
mnentary Code, the Suppleme~ntary Code Authority may cause an
investigation to be madle by a person mutually agreed upon byc the
Supplemnentary Code Authority\ andl the mecmber of the Industry
against wrhomn the complaint. is filed, or, if they are unable to agree
within a reasonable time, by a disinterested person appointed by the
Ad ministry to r. Thle Supplementary Code Authority may require
the member complained against to file with such investigator, within
such reasonable time after receipt of a copy of thae complaint, if the
Supplementary Code Authority shlall determine, an answer to such
complaint accompanied by supporting data. Both answer and danta
shall be verified by affidavit. The .investigator shall examine so
much of the pertinent books and records of such member as may be
required to verify the statements contained in said answer and/or
the accuracy of the data, supporting such statements. If the matter
cannot thereafter be satisfactorily adjusted within the Industry, the
facts may be placed before the Basic Ciode Authority to be presented
to the Admimstrator for such procedure as he may deem advisable
under the Act.
SECTION 7. All individual and private information received by the
Supplementary Code Authority through the Confidential Agent, or
as a result of investigation shall be held in strict confidence and not
disclosed to any competitor or other persons without the permission
of the member of the Industry involved.
SECTION 8. To the extent; permitted by the Act and subject to such
rules and regulations as the Administrat~or may prescribe, any or all
information furnished to the Supplementary Code Authority by any
member of this Industry pursuant to the provisions of this Supple-
mentary Code shall be subject to verification by a~n impartial agency
agreed upon by the Supplement~ary Code Authority and the member
of the Industry in question, and, failing such agreement, such impa~ir-
tial agency shall be selected by the Admninislt~ratr, which impartial
agency may check so much o the pertinent books, accounts and
records of such members of the Indu~strly as may be required to verify
the accuracy oft.he information so furnished.
SECTION 9. Every employers shall p-rovide for the safety and health.
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submittedt by the Supple-
mlentary Code Authorit~y to the Administrator within three (3)
months after the effective date of the Supplementary Code.
SECTION 10. Nothing contained in this Supplem~entary3 Code shall
constitute the members of the Supplementary Code Authocrityr part-
ners for any purpose.. Nor shall any member of the Supplementary
Code Authority be liable in any mnanner to anyone for any aict of any
other member, officer, agent or employee of the Supplementatry Codle
Authority. Nor shall any9 member of the Suapplementary Code
Authority exercisring reasonable diligence in the conlduct of his duties
hereunder, be liable to anyone for any action or omission to act umder
this Supplementary Code, except for his own wRillful malfeasance or
SECTION 11. If the Administrator beslievPes that anly action of the
Supplementary Code Authority ~or anyg agency thiereof is unfair or
unjust or contrary to the public interest, the Administrattor may
require that, SuIch1 action be suspecndled to afford an opport~unitya for
investigation of the mer1it~s of such act~ion. Further action by suc'h
Sup~lplementary Code Authlority~ or agency regarding the matter com-
plained of may be taken if a pp)ro~ved by the Admlli n istra to-r, but shall
not be,taken if disap~proved by thle Ahdministrnt~or within thirty (30)
day's of notice to himt of intention to proceed w;1ith suc~h action.
AirrIorm V-CosTr FINVDING AND AccouNTZar
The Supplementary Code Authori~ty shall cause to be formulated
methods of cost finding and accounting 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 this Industry. Thereafter, each member of this Industry shall
utilize such methods to the extent found practicable. Nothing herein
contained shall be construed to permit the Supplementary Code
Authorityp, any agent thereof, or any member of this Industry to
suggest uniform adtdit.ions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
AnnamL VI- Oraw PRICE FILING
SECTION 1. Each member of this 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, allow-
ances, and all other terms or conditions of sale, hereinafter in this
Article referred to as price terms ", which lists shall completely
and accurately conform to and represent the individual pricing prac-
tices of said member. Such lists shall contain the price terms for all
such standard products of this Industry as are sold or offered for
sale by said member of this Industry and for such non-standard prod-
ulct of said member of this Industry as shall be designated by the
Supplementary Code Authority. Said price terms shall in the first
instance be filed within 10 days after the date of approval of this
Supplementary C~ode. Price terms and revised pnice terms shall
become effectiv-e immediately upon receipt thereof by said Agent,
Immediately 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 t~he effective time
thereof, shall upon receipt be immediately and simultaneously dis-
tributed to all members of this Industry and to all of their cus-
tomers who have applied therefore and have offered to defray the
cost. actually incurred by the Supplementary Code Authority in the
preparation and distribution thereof andl be available for inspection
by any of their customers at thle office of said Agent. Said lists or
reisions or any part thereof shall not be made available to any per-
son until released to all members of the Industry and their customers,
s afor~esaid; provided, that prices filed in the firlst instance: shall not
be released until the expiration of thle aforesaid 10 daypro fe
the approval of this Supplementary Code. The upmetr
Codec Authlority shiall maintain a permanent file of all price terms
filed as herein provided, and shall not destroy any part of such
records except upon written consent of the Admimistrator. Upon
requlestl the Supplementary Code Authority shall furnish to the
Administrator or any duly designated Agent of the Admiinistrator
copies of any such lists or revisions of price terms.
SECTTON 2. When any member of this Industry h~as filed any revi-
sion, such member of this Industry shaUl not file a higher price
within 48 hours.
SECTIONJ 3. No member of this 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 term~s.
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 C~ode Authority mnay prescribe.
SECTION 5. No member of this Industry shall enter into any agree-
ment, understandlinga, comblination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of this Indus-
try to change his price termls by the use of intimidation, coercion, or
any other influence inconsistent with the mainltenance of thne free and
open market which it is the purpose of this tA~rticle to create.
SECTION 6. The proivisions of this ,Article VI shall not apply t~o
the offer for sale or sale of special produc-ts as defined, in Article II
of this Sulpplementary Code.
SECTION 7. Nothing in Art~icle VI of this Supplementary. Code
shall apply to sales to employees for their own use or between mem-
bers of the Inldustry, provided that such sales shall nrot be belowv cost,
and provided further that resale of such products by the purchasing
members of the I~ndustry- shall be in accord with the provisions of
this Supplemenrtary Code.
AhrrCLE 711--OBTS AND PRICE: CUTTIING
SECrxox 1. The standards of fair competition for this Industry
with reference to pricing practices are declared to be as follows:
(a) WVilfully dest ructive pri'ce cutting is ant u nfair method of com-
pet~ition and is forbidden. Any member of this Indlustry or of any
other Industr~y or the customers of either may at any time complain
to thie Supplemnentary Code Authority that an1y filed price constitutes
umfair competition as destructive price cutting, imperiling small
enltell'rprce orP tendi;ng toward monopoly or the impairment of code
wagaes andl worklingr condlit~ions. The Supplementary Code Author-
ity shall within 5 days afford an opportunity to the member filing
the price to answer such complaint and shall within 14 days make
a ruling or adjustment thereon. If such ruling is not concurred in
by either party to the complaint, all pa pers shall be referred to the
Researchl and Planning D~ivision of N.IR.A. whiich shall render a
report and recommendation thereon to the Administrator.
(b) When n~o declared emer~gency exists as to any given product,
there is to be no fixed minimum basis forprices. Itisntended
that sound cost estimating methods should abused and that con-
siderat~ion should be given to costs in the determination of pricing
(c) W\hen an emer~gency exists as to any $ivepn product, sale below
the statedt minimum price of such products, rn v-iolation of Section 9
hereof, is forbidden.
SECTION 2. Emergent')cy Prlov~sioma.--(a) If thie Administrat~or,
after investigantion shall at any time find both (1) that an emL]er-
agency has arisen within this Industry adversely affecting small enter-
prises or wages or labor conditions, or tending toward monopoly or
other acute conditions which tend to defeat the purposes of the Act I
and ~(2) that the determination of the stated minimum price for a
specific ed product within this Industry for a limited period is neces-
sary t~o miltigate the conditions constituting such emergency and to
effectuate the purposes of the Act, the Supplementary Code Aut.hor-
ity may cause an impartial agency to investigate costs and to recom-
mend 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.
(b) W'hen the Administrator shall have determined such stated
minimum price for a specified prdc o tte eid hc
pric shll e rasoabl cacultedto mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter,
during such stated period, no member of this Industry shall sell
such specified products at a net realized price below said stated
minium rice and any such sale shall be deemed destructive price
cuting. From time to time, thle Su Pplementary Code Authority
may recommend review or reconsideration or the Administrator may
cause any determination hereunder to be reviewed or reconsideredl
and appropriate action taken.
AnnamL VI[II-Ux~plrIn TRADE PRACTICES
In addition to the unfair trade practices covered in Article V of
the Basic C~ode, except sections A, B, and F thereof, which are made
a part hereof the same as though repeated and set forth at length,
for all purposes of this Supplemenrtary Code, the following described
acts shall constitute unfair trade practices. Any member of the
Industry who shall use or employ any of such unfair trade practices
shall be guilty of a violation of this Supplementa ry Code.
RUzz 1. Secret Rebates.--No member of the Industry shall se-
cretly 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 member of the Industry
secretly offer or extend to any customer any special service or privl-
lege not extended to all customers of the same class, for the purpose
of influencingf a sale.
RULE 2. N'O member of the Industry shall withhold from, or
insert in, any invoice a false record wholly or in part of the trans-
action represented on the face thereof.
RULE 3. NO member of thle Industry shall permit the splitting of
commissions or other compensation for the sale of any product of
the Industry received by his employee or agent with the buyer, or
hlis agent, for the purpose of influencing a sale.
RULE 4. No member of the Industry shall offer or give prizes,
premiums or gifts to purchasers or their agents in connection with
the sale of products of the Industry or as an inducement thereto in
any manner which involves commercial bribery in any form.
RULE 5. No member of the Industr~y shall give any allowance for
used products of the Industr~y unless sold with the privilege of
return. Nothing contained in this rule shall be construed to prohibit
a member of the Industry from allowing credit for or mnakm~g free
replacement of any product of his own manufacture because of
errors in shipment or which is defective either as to material or
RULE 6. NO member of the Industry~ shall give catalog allowances
to distributors or those persons publishing for them. Nothing con-
tained in this rule shall be construed to prohibit legitimate and
b::na fidle advrertisingr allowances.
RULE 7. No member of the Indlustry shall guarantee~ prices on
products of the Industry, exce-pt special products, against decline
beyond the date of shipment.
RULE 8. No member of the Ind~ust~ry shall accept anm order at old
prices as published in accordance with the provisions of Acrticle VII,
after thle effect~ive date of anly change in price.
RULE 9. No member of the Indurstry shall accept an order for
future delivery unless the terms of sale as to price, specifications
and delivery ar~e definitely stated, provided, ho-gever t~hat the p~ro-
visions of this Ru'le shall not apply to the sale of special products.
RULE 10. Nuo mnem~ber of the Industr~y shall fail to brand the prod-
acts of the Industry7 manufactured by him with his tradle-nilark,
tmrade-namne or somne other mark of identification.
RtULE 11. NO member of the Ind-ustry shall accept return of mler-
cha~ntable surplus goods except for m~er~lnchlandi credit only, such.
credit to be subject to deduction for transportation costs, for an~y
necssay rfinshigandt a charge for handling. Nothing in this
Rule 11 shall be construed to conflict with the provisions of- Rule 5
of this A~rticle.
RULE. 10. NO Blember o-f the Industryr shall grant any more favor-
able terms of payment than 60 days net from date of shipment or
2%0 for cash, on the tenth~ day of the month, for shipments made
during the preceding month.
RULE. 13. NO menle~ POf the Industry shall ship goods on con-
siganment except under circumstances to be definedl by the Supple-
mentary Code A~ut~hority w\~here peculiar circumstances of the trade
or indulstry1 require the practice.
RULE. 14. NO mlembler of the ]Indu~st ry shall brand or mnark or pack
any goods in any ma~nner which is intend-ed to or does deceive or
mnislead Pur~chnSersl with respect to the brandnchg, grade, qalt, quan-e
ti~ty, origm, size, .substance, charancter, nature, fmh aeil otn
or preparation of such, goods.
ARTICLE IX-ExsFRoT TRADE
No provisions of this Siupplementary Code relat.inga to prices or
terms of selling, shipping or marketingg, shall apply to export trade
or sales or shipmecnts for expor~t trade. "L Export TIlrade shall be as
declined in tte, Expor~t. Tad-e~ Act adloptedi Aipril 10, 1918.
SECTION 1. As provided in Section 10 (b) of the Act, the President
mnay from tim~e to time enncel or modify any order, approval, license,
r~ule or regulation issued under Title I of the Act.
UNIVERSITY OF FLORIDA
14 3 1262 08584 2242
SECTION 2. This Supplementary Code, except as to provisions
required by the Act, may~ be modified and/or amended on the basis
of experience or changes In circumstances, such modifications and/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 as part of this Supplementary Code on the
approval by the President.
ARTICIrYI X IMonoroLY
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 XZII-PTceI INCREASE
Whereas the policy of the Act to increase real purchasingpoe
will be made more difficult of consummation if prices of gosand
services increase as rapidly as wages it is recognized thtprice
increases, except such as may be required to meet individual cost,
should be delayed, and when mad~Pe, sucha increases sn houd so fars
as possible, be limited to actual adtoa nrae ntesles
AnTICia XIII--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 the National Industrial
Recovery Act has ended.
Approved Code No. 84---Supplement N'o. 50.
Registry N'o. 1399-61.