NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OMPE TITP`ION
ARCHITECTURAL, ORNAMENTAL, AND
MISCELLANEOUS IRON, BRONZE,
WIRE, AND METAL SPECIALTIES
I' '__ I
For sale by the Superintendent ofDocuments, Wa'shington, D. C. - Price 5 cents
Registry No. 1127--01
Approved Code No. 84--Supplement No. 55
(A Division of the Fabricated Metal Products
Manufacturing and M~etal Finishing
and Metal Coating Industry)
AS APPROVED ON NOVEMBER 20, 1934
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of D~ocuments, Government
Printing Office, Washington, D. C., and by district o~ffces of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEP~ARTM~ENT OF COMM~ERC
A~tlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Buildihg.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. YI.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commaerce Building.
Chicago, Ill.: Suite 17106, 201 North. Wells Street.
Cleveland, Ohio: Chamber of Commerce.
D~allas, Texc.: Chamber of Commerce Building.
Detroit, Mich.: 801 F'irst National Bank Building.
H~ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce B~uilding.
Jacksonville, Fla.: Chamaber of Commerce Bunilding.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, KEy.: 408 Federal Buildin~g.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, L~a.: Rtoom. 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plurnle Street.
Phiiladellphia, Pa.: 422 Commercial Trust 1Building.
Pittsburgh, Pa.: Chamrber of Commece Building.
Portland, Oreg.: 215 N~ew Post Office Building.
St. Louis, M\1o.: 506 Olive Street.
San Francrisco, Calif.: 310 Customhouse.
Seattle, Wash.: 800 Federal Ofilee Building.
Approved Code No. 84--Supplement No. 55
SUPPLIEMENTARY CODE OF FAIR COMPE~TITION
ARCHITECTURtAL, ORNAaMENTAL, AND MISCIEL
IANEOUS IRON6, BRONZE, WIRE AND METAL;
SPECIALTI~ES MIANUFAaCTURItNG INDUSTRY
As Approved on Novemlber 20, 1934
APPROVITNG SUPPLEMENTARY CODE OF 1FAIR COMPETITION 'FOR THfE
AnCurrECTURAL, ORNAMENTAL, AND IMISCELLANEOUTS IRON, BRONZ~y
WIREc AND METAL SPECIALTIES MANIUFACT~URING INiDUSTRY
A DIVISION OF T+E FABRICATED METAL PRODUCTS MANUFACTURING ABND
METAL FINISHING AND METAL COATI~NG INDUSTRY
An application having been duly made pursuant to and in full
comnplianlce 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
fabricated MSetal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Architectural,
Ornamental, and Miscellaneous Iron, Bronze, Wire and Metal Spe-
cialities Manufacturing Industry; and hearings having been duly
held thereon; and the annexed report on said Supplementary Code
containing findings with respect thereto, having been made and di-
rected to te President:
NOWV, THEIREFOIRE, on behalf of the President of the United
S~tates, the Nlrational Industrial Recovery Board pursuant to author-
ityT vested in it by Executive Orders of the President, including
Executives Order No. 6859, and otherwise; does hereby incorporate
by reference said annexed report and does find that said Supple-
mlentar~y Code complies in all ~respec~ts with the pertinlent provi-
sions and will promote thie policy and purposes of said TPitle of said
Act, and does hereby order that said Supplementaryr Code of Fair
Competition be and it is hereby approved.
NATIONAL IN'DUST'RIAL ]RECOVERY BOA~RSD,
By-V W11. A. HARRIMAN, Bcmininitratiue Of)7icer.
Approval recommlenled :
Acting D/isziion Aldmzinistrator.
WAST~HINGTON, D. C.,
NVo vem~ibe~r r0, 19;34.
98500 "-1-~325--74--341 11
REPORT' TO THE PRESIDENT
The White House.
Smr: This is a report on the Supplem~entar~y Code~ of Fair Com-
petition for the Architectural, Omrmental, and Miscellaneous Iron,
Bronze, W7Cire and Metal Specialties Manufacturing Industry, a
Division of the ~Fabricated Miletal Products Manufacturing andi
Metal Fiinishing and Metal Coating Industry, the hearing having
been conducted thereon in W~ashington, D. C., May 8, 1934, in ae-
cordance with the prov~isio~ns of Title I of the National Inzdustrialt
The Architectural, Ornamental, and Miscellaneous Iron, Bronze,
Wire, and M(etal Specialties ~Manufacturing I~ndustryg, bemng truly
representative of this division of the 'abr~icate~d Maetal 1Products
Manufacturing and Metal Finlishing and M~etal CoaLting IndustryT,
has elected to avail itself of thre option of sulbmlittinlg a Supple-
mentary Code of Fair Competition, as provided for in Section 1
of A8rtcicle VTI: of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Fiinishing and Metal Coating Industry,
approved by you on the Second dayT of ~Novembe~r, 1933.
RisUME~ OF TH~E CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Sup-
AIrticle III. This Industry is a division of the ]Fabricated Metal
Products Mainufacturingr and Meltal Fiinishing and ]Metal Coating
Industryp and thne labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisionTs of this Supplementatry
Article IV`T establishes a Supplementary Code Authority consisting
of twenty-five (2'5) m-embers to be elected by the members of the
Industry at a meeting called by the Temporary3 Supplecmentary Code
Authority, and gives the Nat~ional Industrial Recovery Board the
authority to appoint onre additional~ member without vote and
provides machinery for obtaining statistics anhd the administration
of the Supplementary Code.
Article V provides for the~ formulation of an accounting system
for determining allowable cost.
Article VI provides means for preventing destructive price cutting.
Article VII provides for the filing of prices for products of the
Article VIII sets forth the unfair trade practices of this Supple-
mentary Code avoidance of which is especially- designed to offset
unfair competition in this division of the Industry.
Article IX contains the mandatory provisions contained in Section
10 (b) of the Act and also provides for the` submission of proposed
amendments to the Supplermentary Code.
Article X provides against monopolies and monopolistic practices.
Article XI recognizes that price increases be limited to actual
additional increases in the seller's costs.
Article XIIII states the effective date of this Supplementary Code.
TIhe Assistant Deputy Administrator in his final report to us on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter:
W~e ~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 wc~hich tend to diminish the amount thereof
a~nd will provide for the general welfare by promoting the organi-
zation 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- promo~tmg the
fullest possible utilization of the present productive capacity of
industries, by avo7iding unldue restriction of production (except as
mnay be temporarily -required), by increasing the consumption of
industrial an'd agricultural products through increasing purchasing
powPer, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than fifty thou-
sand employees; and is not classified by us as a major Industry.
(c) The Supplementary Code as approved complies in all re-
spectsa with the pertinent provisions of said Title of said Act, in-
cludincr without limitation Subsection (a) of Section 3, Subssection
(a) ofJSection 7, and Subsection (b) of Section 10 thereof ; and that
the applicant group is an industrial group truly representative of
the aforesaid Industry.
(d) The Supplementary Code is not designed to and will not
permit 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 Supple~mentary Code.
Fior these, reasons, therefore, W7~e hereby recommend the approval
of this SupplementaryT Code.
For .The National Industrial Recovery Board:
W. A. HARRIMAN,
NOTEIMBER 20, 10341
SUPPLEMENTARY CODE OF FAE~IR COMPETITION FO~R
TH~E ARCHITECTURAL, ORNAMENTALI, AND MIISCEL-
LANEOUS IRON, BRONZE, WIRE AND METAL SPE-
CI[ALTIES MAN`UFACTURING INDU~STRYI
A DIVISION .OF THE FABBRICATED) 31ETAL PRODUCTS MA~NUFCTURING AND
METAL FINIsHIINGT AND METAL COATING INDUSTRYT
AnacLE I -FURPOSES
To effectuate the policies of TPitle I of the ~National Indcustr~ial Re-
covrery Act, the~ following provisions are established as a Supple-
me~ntaryr Code of F~air Competition for the APrchitctural, ra
mental, and Mliscellanleous Ironl, ]Bronze, W7ire, and MYetal Specialties
Manufacturing I~ndustry, pursuant to Ar~1ticle VI: of the Basic Code
of Fiair Competition for the Fabr~icated Mctal ]Products MIanufact~ur-
ing and M~etal Finishing and Mletal Conting Ir industry, approved by
the Pr~esidcnt of the Unitedl States on the second day of N~ovember,
1933, and the provisions of this Supplementary Code shall be the
standards of fair competition for the Archlitectur~al, Ornamentanl and
1Miscellaneous Iron, Bronze, W"ire and M~etal Specialties M~anufact~ur-
ing Industry and shall be binding upon every memnbe ther~eof.
SECTION 1. The ter~m The Architecturanl, Ornamiental, and Miis-
cellaneous Iron, Bronze, Wire, and~ ME3etal Specialties Ma~nufacturing
IndustryV thereafter referred to as The Industry "~, is defined to
mean the manufacturing and processing for sale-as well las contract-
ing for manufacturing, furmishing and/or installing, repairing, or
servicing--of ferrous and non-fer~rou~s metal products including alu-
mainum, in or on any building or structure, but not including ferrous
and non-ferrous metals becomingc a part of the manufactured prod-
ucts of another inlusjtry, nor sucbh functions of erection or installing
as are subject to other codes which have been approved byJ the Presi-
dent or which may be so applroved.
SECTION 2. TPhe term~ '" Member of the Industry as used herein
includes, but without limitation, any individual, partnership, asso-
ciation, corporation, or other form of enterprise engagedl in t~he In-
dustry, either as an emplloyer or on his or its ow~n behalf.
SEGCTION. 3. The term employee as used herein includes any andc
all persons ngraged in thle industry, however comupensated, except a
member of the Indulstry.
SECTION 4. The term "L employer as used herein ~includes anyone
by whom such employee! is compensated or employed.
SECTION 5. The terms "A~ct and "National Indlustrial R~ecovery
Board as used herein mean r~espectively, Title I of the Niat.ional
Industrial Recovery Act, anrd the National Industrial Recovery
SECTION The term. President as used herein means the P~resi-
dent of the United States.
SECTION 7. The term Basic Code as used herein means the Basic
Code of Fair Competition for the Fabricated Mfetal Products 1Manu-
fa~cturingp a~ndl Metal F'inishing and M~etal Coating Industry, ap-
proved by the President of the U7nited Stantes on ~the 2nd day of
SECTION 8. The term "L Supplementary Code A~uthority as used
herein shall mean th~e agency which is to adm~inister this Supple-
mentary Code, as hereinafter provided.
SE@ICEN 9. The term Supplementary Code Committee as used
herein is defined to mean the Committee elected by the Thirty-three
(33) Associations and trade groups submitting this Supplementary
SECTIrON. 10. The term L" District as used herein shall mean one of
the twelve (12) F'ederal Reserve Districts.
SECTION 11. T~he term Regional Code Authority as used herein
shall mean, that administrative body which is set up in accordance
with the provisions of subsection (d) of Section 1 of Article IV of
this Supplem~entary Code.
AnfTICIIE III--EMSPLOYM~ENT PROVISIONS
The Industry is a division of the F'abricated M/etal PTroducts Man-
ufacturing and Metal Fiinishing 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 I af said Article III by which the provisions of
Subsections (1) (2) and (3) of Section 7 (a) of Title I of the Act
are made conditions of thsSupplemnentary Code, are specifically
incorporated herein and made a part heeo a the wagre, hour, and
labor provisions of this Supplementary Code.
AnRTCusE IVT--ORGANIZATION AND ADM\INISTRATION
SECTION 1. 11~ring the period not to exceedl sixty (60) days follow-'
ingS t~he effective date of this Supplementary Code, the Supplemen-
tary Code Committee shall constitute a temporary Supplemrentary
Codle Aut~hority until the Supplementary Code _Authority is elected.
There shall be constituted within the sixty (60) day period a Sup-
plementary Code Authority consisting of twenty-~five (25) members
to be nominated and elected by the members of the Industry at a
meeting or meetings called b~y the temporary Supplementary Code
Authority, upon fifteen. a-nys notice sent byT registered m-ail to all
members of th~e Industry, whose names may be ascertained after
diligent. search, who mayT vote either in person or by proxy or by
letter ballot. The members of the Sup~plementary Code Authority
first. elected- shall erve until thle following annuall meeting of the
mnembers of the Inrdustry or until their successors shall have been
elected and, there after, memblters of the Supplemnent ry Code Author-
ity shall be elected at each annual mneetingr. The members of the
Supplementary Code Authority shall be elected in the following
(a) ]Four members, onle of whom shall be a manufacturer of iron
wBork, one of bronze work, one of wire work and one o~f metal special-
ties, who shall be members of the I~ndust~ry, to be nomlinated and
elected by a majority vote of aUl members of the Industry present
in person or by proxry or b~y letter ballot, each member to have one
(b) Four members, one of w~hom~ shall be a manufacturer of iron
work, one of bronze work, one of wire wTorkl and one of metal spe-
cialties, wcho shall be members of thre Industry\ to be nominatedl and
elected by a majority vote of all m~emrbers of the Indu~stry pre-sent
in person, or by proxy, or byT letter ballot weightedl on the followinga
(1) One votef for each member of the Industry andi one additional
vote thlereto for each $25,000.00 of annual net sales covering thle
products of the Inrdustry in the previous c~alendaril year reported to
the Supplemenltary Code Authorit~y; provided, how~ever, thlat no
one member may cast more than fifteen (15) per cent, of the total
number of votes cast.
(c) One memberl who is a member of the Industr~y anrd a non-
membellr~ of any A~ssada~tion or Trade Group, to be nominated and
ele~ctedl by a majority vote of all members of the Industry present
in person, or by proxy, or by letter ballot who are, non-members of
an~y Association or Trade Group, each nlon-mlember to have one vote.
(d) Sfixteen mem~lwesrL' who shall be members~ of th~e Industry to be
elected~c as follows:
(1) The Ulnitedl States, includling Puerto Rico, A~laska and Hawfaii
shall be divided into twelve Districts, suchn divisions to conform
with the twelve F~iederal 1Reserve Distr~icts as now conlstituted, and
the sixteen memcnbersc shall be selecx~ted from such Districts, each
District to have-t one member except Districts 2, 3, 4 a~nd 7 which
shall have two members each aind no more. The mnembers from the
respective Districts shall. be chosen in the following manner:
(2) Within sixty days after the effective date of this Supple-
mentary Code, the temporary Supplementarry Code ALuthority shall
charge a pnr~ticular memriber or group of members of the Indulstry
located and operating in the particular Federal1 Reserve District
with the duty of calling a meeting of the members of the Industry
located and operating in such District, such meeting to be held in
accordlance with the provisions of Section 1 hnereof as to notice, and
at such District meeting the members of the Industry shall nom-
nate and elect a member of the IndustryT who shall be their repre-
se~ntative on the Supp~lementary Code Authority, provided. that the
number of ~emlbers to be nominated and elected in Districts 2, 3, 4
and 7 shall be tw7po.
(3) In addition, the members of the Industry at each District
meeting shall elect a Rtegional Code Authority consisting of fourx
members, one of whom shall be a manufacturer of bronze work, one
of wire work, one of iron wor~k and one of metal specialties, pro-
vided there are such manufacturers located and operating: in. the
particular Dist~rict. The members of each Supp~lementary Code Au-
thority elected at the D~istrict mleetin shall be an ex-officio member
and C~hairman of the Regional Code ~Authority except in Districts
2, 3, 4 and 7; the member securing the largest number of votes in
each of these Districts shall be declared the ex-offticio member and
Chairman of the Rlegional Code Authority. At such District maeet-
mngs all member of the Industry, present in person or by proxy or
letter ballot, shall be. entitled to vote,~ wchic~h vote shall1 be weigrht~ed
(4) One vote for each member of the Industry an~d one vote addi-
tional thereto for each $25,000 of annual net sales -for th~e previous
.calendar year r~epor~ted to the temporary Supplementary Code Au-
thority or to the particular member or group of members of th~e
Indus.ctry charged with the conduct of the District Industry m~eet-
ings: provided, however, that no one member may cast more than
fifteen per cent of thle total number of votes cast. Thereafter, the
members of the Supplementary Code Authority and the Regional
Code ArSuthorities as required. by this Subsection (d) shall be elected
at annual meetings of the members of the Industry in the p~n rticular
Districts in accordance with the provisions of this subsection.
(5) I~n the event the Non-Association of Trade Group members
fail to elect the member of the Supplementary Code Authority as
requiredd in Subsection (c) of this Section, the Supplementary Code
Authority, as at the time constituted, shall submit to the NYational
Industrial Recovery Board the names of five suchn members of the
Industry and the NPiational I~ndustrial 1Recover-y Board shall appoint
the N-on-Association. member of the Supplementary Code Authority
from such~ submitted list.
(6) n te eentanyor all of the members of the Industry lo-
(catin any orl avntll"o~f the Geogaphical Districts mnentioned in
Sae nubsect ion (~d) ]of this Section fail to elect their representative on
the Supplementary Code Authority7 and their Regiolnal Code Au-
t~hority, the Supplementary Code ACuthorit~y, as at that time con-
stituted,, shall submit a list of five names of members of the Industry
located anad operating in the particular District to the Nationalj
Industrial Recovery Board and the National Industrial Recovery
BoEard shall select from such submitted list the allotted number of
mnember~s of the Industry to represent thne particular District on
the Supplementary~ Code Authority. In addition, the Supplemen-
tary Code Authority-, as at that time constituted, shall appoint the
Regionall Code Authority of four members of the Indlustr~y loented
and operating in the particular District, which Rtegional Code Au-
thorit~y shall be constituted the same as thought specifically elected
by the members of the Industryr in. the particular District.
(7) AI vacancy occurring in the Supplementary Code Aruthority
shall be! filled by a majority vote of the remaining members of the
Supplemnentury Code Authority ; provided, however, that the vacancy
to be filled shall be subject to the classifications of membership both
Geographical and Industrial as set forth in Subsections (a), (b),
(c) and (d) of this Section.
(8) Atl vac~ancy occurring in any Regional Code AuthorityT shall
be filled by a majority vote of the remaining members of the Re-
gionlal Cod~e Authority; provided, however, that t~he vacancy to be
filled shall be subject to the classifications of membership as set
forth in paragraph (3) of subsection (d) of this Section.
(9) In addition to the members provided for above, the National
Industrial Recovery Board may appoint a member of the Supple-
mentary Code Authority to be known as thre Administration 1\em-
ber, who shall serve with-out vote and without expense to thze Indus-
try. The Administra;tion M~emlber together with the National Indus-
trial Recoveryr Bon rd~ shall receive notice of and may attend all
meetings of the Supplementary Code Authority and/or Ithe ~Regional
SECTION 2. Any tradet association directly or indirectly par~ticipat-
ing inl the election or atctiv~ities of the SupplementaryT Code Authority
shall (1) impose no inequitable restrictions on membershipp, a~nd (2)
submit to the National Industrial Recovery Board true copies of its
~Articles of Assc~ciation, By-L~aws, REegulations, and anly amendments
when made thereto, to~gethler with such other information as to mem-
L.elship,, organization, and activities as the National IZndustrial Re-
covJery Board mayT deem neCeIISsary to effectuatfe the purposes of the
SECTION 3. In1 order that the Supplemnentary Code Authority shall,
at all times, be truly representative of the Industry and in other
respects comply with the provisions of the A8ct, the National Indus-
trial Recovery Board mlay prescribe such H-earings as it mnay deem
proper; and, thereafter, if it shall find that the Supp~lementary Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require removal of any
or all of the members thereof and mnay mak~e an appropriate modi-
fication of m~odif~ications of the Supp~lementarry Code Authority.
SECTION 4. (a) It being found nectessary in order to support the
administration of this Supplem~rentary Code and to maintain the
stan~lldars of fair competition established hereunder and to effectuate
the policy of the Act, th~e Supplemenlntur~y Code A~uthority is a.uthor-
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which mal~y be ranised as hereinaft~r provided and which shall
be held in trust for the purposes of the Sup~plemen'ta ry Code;
(2) Tro submit to the National Industrial Recovery Board for its
approval subject to such notice and opportunity to be heard as it
may d~eem necessary (1) an itemized budget of its estimated expenses
for the foregaoing purposes, anld (2) an equitable basis upon. which
the funds necessary to support such budget shall be contributed by
members of the Industry;
(a) Atlfter such budget and basis of contribution have been ap-
proved b~y the National Industrial Recov~ery Board, to determmie and
obtain equitable contribution as above set forth by all members of
the Industry, and to that end, if necessary, to institute legal pro-
ceeding~s therefore in its own name.
(b) ~Each member of the Industry shall pay his or its eqjuitable
c~ontr~ib-ution to the expenses of th~e maintenance of the Supplement~aryr
Cod!e Aluthority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the! National In-
dustrial Recovery Board. Only members of the Indust~ry complyling
with the Code and contributing to the expenses of its administration
as hereinabove provided, unless duly exemlpted from making such
contributions, shall be entitled to pa rticipat~e in the selection of mem-
bers of the Supplementar~y Code Authority or to receive the benefits
of a~ny of its voluntary activities or to make use of any emlblel or
insignia of the Nat~ional Recovery Adminiustration.
(c) The LSupplementary Code Authority shall neither incur nor
pay a~ny obligation substantially- in excess of the amnounlt thereof as
estimated in its approved budget; and shall in no event exceed t~he
total amount containedl in the approved budget, except upon ap-
proval of the National Industrial Recovery Board; andl no subse-
quent budget shall contain any deficiencyS item for expenditures in
excess of prior budget estimates except those which the National
Industrial Recoer~y Board shall have so approved.
SECTON 5. Nothing contained in this S~upp~lementary Code shall
constitute the members of th~e Supplementary Code Auth~or~ity part-
ners for any purpose. Nor shall any members of the Supplementary
Code Authocrity 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 Supplem-entary Code
Authority, exer~cising reasonable diligenlce in the conduct of his
duties her~eunder, be liable to anyone for any action or omission to
act ulnder thiis Supplementary ICode, except for his own willful
malfeasance or non-feasance.
Suc~rron 6. The Supplementary Code Authority shall also from
time to timle furnish to the Basic Code Authority, designated in saidl
'Basic Code, such information as may be required to be~ furnlishzed
under the terms of said Basic Code.
SwrrIoN 7. The Supplementariy Code A8uthiority shall have the
following further powers anld duties:
(a) S bject to such rules and regulations as the Nl~ational In-
dustrial Rec~overy Board m~ay prescribe it shall have such power as is
necessary to administer andl insure the execution. of the provisions
of this Supplementary Code and provide~ for the compliance. of the
Industry with the provFisions of the Act.
(b) To adopt such by-laws, rules, and regulations as are neces-
sary for its procedure and for the admlinist~rat~ion of this Supple-
(c) To obtain froma members of the Industry such informational
and reports as are required for th-e administ~rationl of the Supple-
mentary Code., In addition to information required to be sub-
mzitted to the Suppdementary Code Authority, members of the
Inustry subject to this Suppleme~ntary Code shall furnish such
statistcl information as the National Industrial Recovery Board
may deem :necessary for the purposes recited in Section 3(a) of the
Act to such Federal and State agencies as he mzay d~esignate; pro-
vided that nothing in this Supplementary Code shall relieve any
member of the IndustryT of any existing; obligations to furnish re-
ports t~o any Governmnent agency. No individual report shall be dis-
close~d to anly other member of the Indlustry or any other paRrty
except to such other Governmuental agencies as may be directed by
the National Ilndustrial Recovery Board.
(d) To appoint w~ithlin one month after the effective do~e of this
Supplemnent~ary Code a Committee. so constituted as to giive Consumler
and Governmental repr~esentat~ion satisfactory to the Nat~io-nal Indus-
trial Recoveiry Board; to make a study with a view to the est~ablish-
ment of classifications and stan daHrds of size, quality and/or perform
ance of staple products of the Industry wherever such standards are
The findings and r~ecommnalntic-nsi:n of this Committee shall be
submitted to the National Indlustrial Recov\ery Board within six (6)
months after thie effective date of' thnis Supplementary Code and
after such hearings and inve tigation as it may designate and upon
approval byT it shall be made a pa~rt of this Supplemlentar~y Code and
be binding upon each member.
(e) To make recommendations to the National Industrial Recov-
ery Board for the coordination of the Admlli nist rat ion of this Supple-
mentary Code with such other cod~es, if any, as mayT be related to or
affect the members of the Industry.
(f) To appoint a trade practice committee which, shall meet with
thne trade practice commritteets appointed under such other codess as
mybe related to the Inldustr~y for the purp-ose of formulating fair
trade practices to govern the relationships between production and
distribution employers"' under this Supple~mentary Codte and under
suchn others to the end that such fair trade practices mnay be proposed
to the National Indlustrial Recovery Board as amnendmnents to thlis
Supplementary Code and such other codels.
(g)~ To delegalrten to thes various Regtionall Suppllmentary CCode
Authorities such of its powers~ and duties as it may prescribe or
designated, provided, however, that such dlelegantio-n shall not. relieve
the SupplementaryV Code Authority of its duties or respo;lc-nsibilities,
and that it shall apply to the exem~ci~t e of the powers and duties of
the Supplementar~y Code Authority only9 inl the particu~lar District.
(ha) To authorize and empower Regional Code Authorities, or
other such Agencies~ as it may des~igrnate, to install a method of check-
ing quantity compu~ta~tions betfore the opening of competitive bids
and competitive bids after the opening of such bids and~ when such
aulthorization i: grarRnted to required such Re~gional Code Authorit~y or
Agency to designate a dlepos~ito,~cry or to use such other method as may
be approved by the Supplementaryr Codce Authority
(i) To use such trade associations andi/or other agencies as it
deems proper for the carrying out of any of its activities provided
for herein provided that nothing herein shall relieve thne Supple-
m~entar~y Code Authority of its duties or responsibilities under this
Supplellmentary3 Code, and that such trafde~ associations anrd agencies
shall at all times be i;ubjec:t to and comp~ly- with the provisions hlereof.
SECTION 8. If thne National Industrial Recovery Board believes
that anly action of th~e Supp~il-llementuI y CodeL Authority or any agency
thereof is unfair or unjust or contrary to the p~ublic interest, the Nai-
tional Industrial Recov~ery Board may require that such action be
suspended to afford an opportunity for investigation of the merits of
such action. Furlth~er action by such Supplem~enturyy Code Au~~thority
or agency regarding the matter comlplnined of may be talkenl if ap-
proved by the Niational Indusltr~ial Recovery Board within thirty
days of notice to it of intention to proceed with suchn nation.
SECTION 9. 1Every employer shall provide for the safety and health
of employees during thne hours and at the p~laces of their employ?-
ment. Standard~cs for safety and health shall be submitted by the
Supplementary Code Authority to the Niational Industrial Recovery
Board within three months after the effective date! of the Supp~le-
ARTICLE V--COST FINDING ABND ACCOUNTING
SECTION i. C08t Findi~ng.--The Supplementary Code Authority
shaUl 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 National Industrial Recovery Board for re-
view If approved by the Nationlal Industrial Recovery Board
full information concerning such methods shall be made available
to all members of the Industry. Thereafter, eabch. member of the
Industry shall utilize such- methods to the ex~tenlt found practicable.
Nothing herein contained shall be construed to permit the Supple-
mentary Code Authority, any agent thereof, or any member of the
Industry to suggest uniform additions, percentages or differe~ntials
or other uniform items of cost which. are designed to bring about
arbitrary uniformity of costs or prices.
AnnTICEr VTI---COST ABND PRIGIE CUTT1VLNG:
SECTIION 1. The standards of fair competition for the Industry
with. reference to pr~icing practices are declared, to be as follows:
(a) W~ilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry or of
an other industry or the customers of neither may at any time com-
plain to thze Supplementary Code Authority that anyr filed price
constitutes unfair competition as destructive price cutting, imperil-
ing small enterprise or tending towpard mronopoly or the impar-
ment. of code wages anzd working conditions. Thie Supplementary
Code Authority shall within five. (5) day afford an opportunity to
the member ~filing the price to answer such~ complaint and shall
within fourteenl (14) day~s mzakre a rulig or adjustment thereon. If
such ruling is not. concurred in byT either party to the complaint, al
papers shall be referred to th~e Rlesearch and Planning Division of
the National R.ecovery Administration which, shall render a report
and recommendation thereon tao the National Inzdustrial Recove~ry
(b) WThen no declared emergency exists as to any given product,
there is to be no :fixet :minimuum basis for prices. It is intePnded
that sound cost estimating methods should be used and that con-
sideration should be given to costs in the determination of pricing
(c) When anl emergency exists as to any given products sales
below th~e stated minimum price of such product, in violation of
Section 2 bereof, is forbidden.
SECTION 2. Eme~rgency Provisions.--(a)If the National Industrial
Recovery Bo0ard, after investigaation, shalll at a.ny time find both (1)
that an emergency has arisen within the Industry adversely affect-
ing small enterprises or wargres or labor conditions, or tending toward
monopoly or other acute conditions which tend to defeat the pur-
poses of the Act; and (2) that the determination of the stated min-
Imum price for a specified prod~uct. 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 Supple-
mzentary Code Authority m~ay cause an impartial agency to investi-
ga~te costs and to recommend to the Nationlal ICndustrial Recovery
Board a determination of the stated minimum price of the product
affected by the emergency and thereupon. the National Industrial
Recovery Board may proceed to determine such stated minimum
(b) When the! National I~ndustrial ]Recovery Board shall have
determined such stated minimum price for a specified product for
a stated period, which price shall be reasonably calculated to mzitiaa~te
the conditions of such emergency and to effectuate thle purposes of
the N~ational Industrial ]Recovery Acct, it shall p~ublish such price.
Thereafter, during such stated period, no member of th~e I~ndustry
shall sell such specified products at a net realized price belowcp said
stated minimum price an~d any such sale shall be deemed destructive
price cutting. From time to time, the Supplementary Code Aru-
thority may recommend reviewP or reconsidera~tion or the Nlahtional In-
dustrial Recovery Board may cause anly decterminations hereunder
to be reviewed .or reconsidered and appropriate action taken.
ARTICLE: VII--OPENJ PRICE
SECTION 1. Each member of the Indlustry shall file with a con~fi-
dential and disinterested agent of the Supplementary Code Au-
thority or, if none, then withl such an agent designrlate d by the Nia-
tional Industrial Recoverly Board, identified lists of all of his prices,
discounts, rebates, allowances, and all other terms or con~ditionls of
sale, hereina after in this Article referred to as price terms ", which
lists shall completely and accurately conform to and represent the
individual pricing practices of said member. Such lists shall con-
tain the price terms for all suchn standard products of the! Industry
as are sold or offered for sale by said member and for such non-
standard products of said member as shall be designated by the
Supplemenmtary Code Atluthority. Said price terms shall in thle
first instance be filed within forty-five (45) days after the effective
date of this Supplementary Code. Price terms and revised price
terms shall become effectiveF immediately upon receipt th~eref bg
said age~nt. Immediately upon receipt thereof, said agent shall b
telegraphh or other equally prompt means, notify said member of
the time of such. receipt. Such lists and revisions, together w~ith
the effective time thereof, shall upon receipt be immediately and
simultaneously distributed to all members of thet Industry and to
all of their customers wNho have applied therefore and have offerled to
defray the cost actually incurred by the Supplementary Code Au-
thority in th-e preparation and distribution. thereof and be available
for inspection by any of their customers at the office of such agent.
Said lists or re\ isions or any part thereof shall not be ma~de avalilable
to any person until relealsedl to all members of the Industry and
their customners, as aforesaid; provided, that prices filed in the first
instance shall not be released until thne expiratio~n of the aforesaid
forty-five (45) day per21iod~ after the effective date of this Supple-
menltary Code~. The Supp~lemellnta Code Authori~ty shall maintain
a permanent file of all pr~ice~ terms filed as herein prov.ided, and
shall not destroy anyT part of suIch records except upon written con-
sent of the National Industrial Recovery Board. Upon request, the
Supplementary, Code AuthorityS shall furnish to the Nat~ional Indus-
trial Recovery Board or any duly designated agent of thes National
Industrial Recovery Board copies of Any such lists or revisions of
SECTION 2. When any member of the Industry has filed any re-
vision, suc member shall not file a higher price witin fortyT-eight
SECTION 3. No member of the Industry shall sell or offer to sell
anty products/'services of the Industry, for which price terms have
bee filed pursuant to the provisions of this Article, except in ac-
cordance with such price ter~ms.
SECTION 4. NO member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause anyr member of th~e In-
dustry to change his price terms by the use of int~imnidation, coereton,
or any other influence! inlcon~ist~ent with t~he mlaintenlance, of the free
and open market, whichl it is the purpose of this ~Article to create.
ARTCLE 7111-U-INFAIR TRADE, PRACTICES
In addition to the unfair trade practices cov\ered by Sections B,
C, D, E, F', a~nd G) of Article V of the Basic Code which are made
a part hereof, t~he same as though herein repeated anrd set forth at
length, the following described acts shall constitute~ unfair practices,
provided, howreer, that. if any of- the unfair trade practices of the
Basic Code conflict with any of the unfair trade practices of this
Supplemientary Code the latter shall supersede and prevail.
SECTION i. Use of Other Than New~u Afaterial.--No member of the
Industry shall sell or offer to sell any products of the Indulstry made
from any but newF material unless the member of th~e Industry indi-
cates to the purchaser or prospective purchaser thie facts regarding
the materials used in the products.
SECTION 2. d?Aci~g BCacA op E248/?#(~ O~anifact8.---No member
o'f the Industry shall wilfullyr induce or attemupt to induce the breach
of existing contracts betwTeen his competitors and their customers by
any false or deceptive means, or inter~fere wCith or ob~strlc't the! per-
forma nce of anly such contractually duties or services by any such means
with the purpose and effect of hampering, injuring or embarrassing
competitors in their business.
SECTION 3. Gi'liy Of P~i~zes, Premiumts or Gifts.-NPio member of
t~he industry shall offer or give prizes, premiums or gifts in connec-
tion with the sale of products or as an. inducement thereto by any
scheme whrlich involves lottery, mnisr~epresent~ation or fraud.
SECTION 4. T~raNG-1 Oft Lau IAit8.-Nplo member of the Industry
shall publish or circulate unjust~ifiedl orlunw7parranated threats of legal
proceedings whlich tend to or have the effect of harrassing competitors
or intimidating their customers.
SECTION 5. Espionage of Competitorfals.-No member of thie Indus-
try shall secure confidential information concerning the business of
a competitor by a false or misleading statement or representation, by
a false impersonation of one in aluthor~ity, byr bribercv, or by any other
SECTION 6. ROsponsibility of Bidder.--No member of thne Industry
shall submit a bid which fails to include a provision to the effect that
suc~h bid sha.ll not, be bindli~ng on the? bidd(er unless A, cont~r~c~t. scoring
the subject matter of the bid is signed within thirty (-30) days after
the bid is submitted (or opened in thne case of sealed bids) subject,
however, to provisions of any existing State or Federal law relating
to the submission or opening of bids.
SECTIOx '7. S;UbStitUtionZS and MiethTods of Manulfactucre.-N mem-
ber of the Industry shall use inferior methods of manufacture and
installation or use or substitute materials and/or products .inferior
in quality to those specified by the purchaser without the consent of
the~ purchaser thereto. Provided, further, that every memer of the
Industry shall comply with all Federal, State and Local Building
Laws, Rules and Regulations regarding methods of manufacturer or
installation and/or quality re~quirements.
S~ETION 8. Bids. -No member of the Inrdustry shall submit a com-
petitive bid except in writig anld signed by himself or his author-
izedl representative. ALll competitive bids on. which a closing date has
been set shall be enclosed in a sealed envelope, on th~e outside of which
shall appear its identification as a bid for a particular job. Bids shall
be tendered onlly in response to anl invitat-~ion from a general con-
tractor, subcontractor, architect, owner, builder or other agenlct. It
shall be obligatoryT for each bidder to state in. his bid what portion
of the work covered by ~his bid will be furnshed onlyp, and, also, what
portions will be installed only, and. wFhat portions will be furnished
and installed, and/or all other conditions of sale.
SECTION 9. ~CT2ilul Omissions.--No member of the Induxstr~y shall
wilfully omit in bids items of material anld/or work called for by the
plans anld specificationls or schedules, unless he shall mention. in hzis
bid wPhether certain work is or is not to be furnshed and/or erected
for the price submitted.
SIECTIN. 10. Revised Bide.--No member of the Industry shall sub-
mit a revised bid on any work covering the products of this Industry
after the closing time set for receiving bids.
SECTION 11. C~hangLes.-No~ member of the Industry shall reduce a
bid without changes in. th~e specifications and/or plans justifying the
SIECTION. 12. Collucsion.--No member of the Industry shall, prior
to the opening of bids, induce or attempt to induce an architect,
owner, contractor, builder, or other agent to reveal any information
relative to bids already received.
SECTION 13. Co1ns;pirlg.-No member of thte Industry shall aid
or abet any person in a violation of any of the provisions of this
rSECTION 14. Bidding Practices.--No member of the Industry shall,
in any maanner, engage in or be a party to the unfair practice known
throughout the Industry as "' id Peddlingf or "L bid shopping."
(a) Bid peddling in effect means the off~erinzg by the bidder prior
to thne making of an award of a substitute bid or price lower than
the one originally bid without a commensurate decrease in th re-
qxuireets of the job. The correction of the abuses resulting from
such practice is obtainable by regulation restricting or controlling
(b) Bid shopping ini effeect means the effort on the part of the
awarding authority to induce a bidder prior to the makring of the
award to lower his original bid price without a commnensurate de-
crease in the requirements of the job.
SECTION 15. Prohibitedl Agreemenlts.-N~o member of the Industry
shall enter into any agreement or understanding prior to the awanrd
of a contract where s-uch award is made as a, result of competitive
bidding, br which agreement or understandings he agrees to accept a
lesser amount for his product and/or services th~an the amount stated
in his; bid.
SECTIO~N 18. Estimate Recordsu.-o mlemlber of the Indlustry shall
submit an estimate or bid without keeping an. accurate record of the
estimated items and quantities, as well as costs of materials and labor
pertaining to each item, nlor shaUl he submit a bill for his services
without retaining a similar record.
(a) Each member of th~e Industry shanl submit to the Supple-
mentary Code~ Authority or such Confidential Agent as it may des-
ignate such records when called upon so to do for the purpose of
investigating a specific complaint.
SECTION 17.. Biddiny Olz C~ompetitors' Desigrrn.-NEo memlrber of the
Industry shall kn~owingly bid on designs, plans and/or specifications
submitted to a pros;;pective cust~omler by a competitor without the
consent of the individual and/or com~panly originating said designs,
plans rand/or specifications, unless the prospective customer has paid
the cost of such designs, plans and/or specifications to the individual
and/or company o~riginatinlg same.
SECTION 18. Lzumping of Labor.--No m~emrber of the Industry
shsfall contract with his employees on a lumping basis for the manlu-
facur, processing and/or intligof the products of the Inldus-
try unesssuch contract provides or the payment of at least the
minimum wage and compliance with the labor provisions of Article
III: of this Supplementary Code."'
SECTIIION. 19. 18708s Of Payment.--RO member of the Industry
shall accept, or offer to accept any contract or order providing
terms of payment more favorable than the foliennJulowing:pojc
On all products produced specially for a given bidn rjc
ninety per cent (90%)0 of the value of any material, labor and/or
service furnished, delivered and/or installed during the preceding
calendar month shall be due and payable on the fifteenth (15th)
day of each month following such furnishing, delivering and~/or
installing and that the balance shall be due and payable within, and
not later than th~irty9 (30) days after completion of the contract
orr order, provided, however, th~at the retained prcentage shall at
no time ~exced double the value of the m~ate~rial, labor or service
remaining to be furnished.
Intrest shall be charged on, over due accounts at the mlaxim~um
ARTICLE I --M-ODIFICATIONS
SECTON 1. This SupplementarIy Code and all the provisions
thereof are exresslyr made subject to the right of thze President., in
accordance with provisions of sulbsectionl (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 olf said Act.
SECTONr~ 2. Such of the provisions of this Supplemaentary Code
as are not required to be included herein by the Act may, with the
approval of the National Industrial Recov~ery Board, be modified
or eliminated in such manner as may be indiented by the needs of
the public, by changes in circumstances, or by experience. All th~e
provisions of this Supplem~entary Code, unless so modified or
eliminated, shall remain in effect until June 16i, 1935.
ARTCLE XI~-MIO NOPOLI]Es, ETC.
No provisions. of this Supplemnentary- Code shall be so applied as
to permit monopolies or monopolistic practices, or to eliminate,
oppress, or discriminate against small enterprise.
~ARTICLE XIZI-PRICE INCREASE
Whereas the policy of the Act to increase real purchasing power
will be made more di-fficult of consumm~ation if prices of goods and
services increase as rapidly as wages, it is rcogsnitzed that price
increasses 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.
AnTICLE XiII[--EFFECTIIVE DATE
This Supplementary oesalbcm fetv nte1t a
after its approval by the Pres~ihdltent.efetv o h 1t
Approved Code No. 84.--Supplement No. 55.
Registry No. 1127-0)L
UNIVERSITY OF FLORIDA
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