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nendment No. 1
Registry No. 1033--1-02
NATIONAL RECOVERY ADMINISTRATION~
AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON SEPTEMBSER 27, 1934
GOVERNMENT PRINTING OFFICE
UNIVERSITY OF FLORIDA
3 1262 08482 9448
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Approved Code No. 84M-A.Lmendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
P OR]C ELAIN ENAME LING M ANUFALCTURli~ING
As Approved on September 27, 1934
APPROVING RIODIFICAT.ION OF SUPPLEMLENTARY CODE OF E1AIR COM\PETI-
TION FOR THE PORCELAIN ENAM~ELING nANUJFACTU~RING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MA~NUFACTU7RINI AND
METAL FINISHING AND MLETAL 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, 19;33, for approval of a modification
to a Supplemlentary Code of Fair Comnpetition for the Porcelain
Enamelingr Manufacturing Inidustry, and a Notice of Opportunity to
be heard having been duly given thereon, and the annexed report on
said modification- conlta:ining findings w~ith respect thereto, having
been miade and directed to the Presidlent:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Admiinistrantor for Industrial Recovery,
pursuant. to authority vested in me byr Execu~tive Orders of the Presi-
dent, including Executive Ordler 6543-A, dated Decem~ber 30, 1933,
andi otherwise, do herebyr incorporate, by reference, said annexed re-
port and do find that saidl modifiention and the Supplemnentary Code
as constitutedl 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 d~o hereby order that said modification
be and it. is hereby Approved, and that the previous approval ofe
said Supplemnentary Code is hereby modified to include an approval
of said Supplementary~ Code in it~s entirety as modified, such ap-
proval andl such modification to take effect ten days from the date
hereof, unless good cause to t~he contl~rar is shown to the Adminis-
trator before that time and thle Administratoir issues a subsequent
order to that effect.
Hoon S. JOHNSON,
Adlministr~ator for Industr~ial Reco~very.
Approval recommended :
BARTON I. RIURRAY,
September 97, 1934.
88214 0-- e-1181-14-34 (1)
REPORT TO THE: PRESIDENT
Ti Tlhe Wite Hourse.
SmR: An application has been duly mnade pursusnn to and in full
comlpliance with the provisions of the National Industrial Recovery
A~ct for a mnodification of Article IV of the Supplementaryr Code
of Fair Compet.titin for the Porcelain Ename~ling Manufacturing
Industry! by the Supp~lementary Code Aut~hority for that Industry.
The SuppI.lementaryr Code of Fair Comnpetition for the Porcelain
Enamnelingq nlanufact~uring Industry wasi approved on Alarch 31,
1934. Article IV~, Sectionl 4, provides that:i
"A~ll members of th~e Indlustr~y are subject to thle jurisdiction of
thle Sup~plemlentary Codle, shall be entitled to participate in and share
the benefits of th~e activities of thie Siuppllementary~. Codle Atuthlority;
shall be entitled to vlote in the selection of Class (a) members of
the Supllplemel~n n tary Code A~uthorityl as provided in Section I of this
Article; aind shall pay9 their r~easonable share of the expenses of the
admlni n istraotionl of th is Supp~lmementa ry Code, such1 reasonable share
to be determined by the Suipplementary Code Authority,! subject to
review 'by the A~dmlinistrator, on the basis of volume of business
and,'"or such other factors as mnay be deemed equitable by t~he Sup-
p'lemeillntary C'ode Authority."'
The above Section of Ar'ticle IV in effect provides for voluntary
contributions on the part of the members of th~e Industry. This
me~thodt of p~nroiding funds for the proper administration of the
S u pp:lem ent a~ry Code h as b~een fou nd t o be ulnsa tisfactoryg. The pres-
ent mnodification is therefore proposed to create a legal obligration,
on theP part of thle Industry blemnbers, to pay their pro rata share
of the expenses of thle Supplemlentary Code Authlority.
The Aissistant Deputy Admninistrator in his final report to mne
on sjaid modification of said Codle having found as herein set forth
aind on the basis of all tihe proceedings in this matter:
I find that:
(a) The modification of said C~ode and t~he C~ode as modified are
well designed to promote the policies an1d purposes of Title I of the
National ~Industrial Recovery Act including the removal of obstrue-
tions to the free flow of interstate and foreign commerce which tend
to diminish the nmount thereof, andi will provide for the general
welfare by promoting thle organization of industry for the purpose
of cooperative action among trade groups, by indlucingr and-main-
taining united action of labor and management under adequate
gover~nmental sanctioni and supervision, by eliminating unfair com-
petitive practices, by promnoting thle fullest p~ossible utilization of
the present productive capalcity of industries, by avoiiding undue
restriction of production (exce~t as mnay be temp~lorarily r~equir~ed) ,
byv increasing the consumption o~f indcu.-trial andl agricultlurafl prod-
uets thlroughl increasingr purchansin gr pow-er, by red~ucing and relievingb
unemlploym"ent, by imprIoving standtar~d of' labor1~, and by othecrwis~e
(b) The C-odr us mnod~ified complies in all retsp~ects wBithk thet pcer-
tinent p~rovisions of rsaidl Title of said Act, including wnith~ut. lirn-
itation Sjubsection (n) of ScCtion 3j, Suiibsc~tionl (a) of Sec'tio 7
andi Subsection (b) of Sectio~n 10> thiereof.
(c) The Code empowrers the Codce Aulthorlityr to pr~esient the afore-
Said m1odlificationl on be~half of thle indusltry. n as whole.
(d) The m~odification andi thle Code asr modified are not dest~ignedr
to and w~ill not permllit mIonIopolC Cies or monopol0istic pra'iCtice~.
(e) The miodification andi thle Code as mioditieed are not designers
to andl will not elimiinate or oppriess smalnl enterlprise s and will not
operate to dliscriminiate against. thiem.
(f) Those engagedl in other s-teps.i of the econonulc prcc~jss have
not been dlepriv-ed of the r~ight to be heard~t prior to appr~ovnl of said
For these reasons. therefore, I have appr'ovedl thisi mnodificationi.
HUan S. JOHTNSjON,
A chn inlirstrat~or.
SEPTEMBIER 271 198-1.
MODIFICATION OF SUPPLEMENTARY CODE OF FAIR
COMPETITION FIOR TH E PORCELAIN ENAMELING
A DIVISION OF THIE FABRICATED METAL PRODUCTS MANUJFACTURING AND
METAL FINISHLING AND METAL COATING INDUSTRY
Modify Art~icle IV by deleting Section 4 and substituting in lieu
thereof the following:
SECTIOnN 4. (a). It. beingi found necessary in order to support the
administration of this Supplementary Codle and to maintain t~he
st.andards of fair competition established hereunder and2 to effectuate
the policy of the Act, t-he Supplementary Code Authority is author-
1. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which miay be raised as hereinafter provided and which
shall be held in trust for t~he purposes of the Supplementar~y Code;
2. To submit to the Administrator for his approval, subject to
suchl notice and opportunity to be heard as he mnay deem necessary
(a) an itemnizedl budget of its estimated expenses for the foregoing
purploses, andi (b) an equitable basis upon w~hichi the funds necessary
to support such budget shall be contributed by members of the
3. After such budget and basis of contribution have been approved
by the Admllinistrator, to determine and obtain equitable contribution
as above set forth by all members of t~he industryy, andi to that end,
if necessary. to institute legal proceedings therefore in its own name.
(b) Each mlember of t~he indunstry shall pay his or its: equitable
contribution to the expenses of the maintenance of the Supple-
mentary Code Aiuthority, determined as hereinabove provided, and
subject. to rules3 andl regulaltions -pertainingr thereto issued byv t.he
Admninistrator. Only members of t~he industry comnplyingr with the
Supplemnenta ry Code and contributing to the expenses of its admin-
istra~tion as her~einabove provided, unless duly exempted from making
such~ contribution, shall be entitled~ to participate mn the selection
of members of the Supplementary Code Authority or to receive the
benefits of any of its volunta ry activities or to make use of a ny emblem
or insigliaa of the National Recovery Administration.
(c) Thle Supplementary Code Authority shall neither incur nor
pay any obligations 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 ap-
proval of the Adlministrator; and no subsequent budget shall contain
any deficienc~y itemi for expendlitur~es inl excess of prior btudlget esti-
miates except those wFhich thie Admiiinistrantor shanll hrave so approved.
M~odifyr Artic~le IV, Sectiorn 7 by deletingr sub,-sections f and g.
Renumnber sub-section h to r~ead sub-section f.
Renumber sub-section i to read: sub1-Sectiion gr.
Approved Code No. 8L nI--lucl-m ndmet No. 1.
RegistrY No. 10:33-1-02.