NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR C O MPE TIT:ION
CASTER AND FLOOR TRUCK
(A Division of the Machinery and Allied Products Industry)
UNIV. OF FL UBE.
Far sale by the Superintendent of Documents, Washington, D.C. Price 5 cente
Approved Code No. 347--Supplement No. 26 .
Registry No. 1316--43
AS APPROVED ON JULY 71, 1934
UNITED STATE ,
GOVERNMENT PRINT N F, dFFICB
This pubilention is for sale by the Superintendent of Documents, Government
Printing O~ice, WTashington, D.O., and bS' district offices of the Bureau of FIoreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmlingham, Ala.: 257 Federal Building.
Boston, hInes.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 17106, 201 North Wells Street.
Cleveland, Ohio: Chamber of Comlmerce.
Dallas, Te~x.: Chiamb~er of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
Bouston, Tex.: Chamber of Commerce Building.
Indianapoilis, Ind.: Chamnber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kanisas City, 11Io.: 1028 Baltimore Av'enue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Me~mphis, Tenn.: 229 Federal Building.
M\iuneneaolis, Mlinn.: 213 Federal Building.
New Orleans, La.: Roomu 225-A, Customhouse.
New Yor~k, N.Y.: 7.34 C'ustombouse.
Norfolk, Va.:: 400 East Plume Street.
Philadelp~hia, Pa.: 422 Commercial Trust Buildinlg.
Pittsburgh, Pa.: Chamber of Commerce Buildling.
Portland, Oreg.: 215 New Post Office Buildinig.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wansh.: 809 Federal Offce Buildinlg.
Approved Code No. 3471-Supplement No. 26
SUPPLElMENTARY CODE OF FAIR COMPETITION
CASTER APND FLOOR TRPUC K MAN~UFAC T DURING
As Approved on July 7, 1934
SU~PPLEMIENTARY CODE OF FAIR COMPETITION FOR THE COASTER AND
FLOOR TRUCK n1ANUFACTURING INDUSTRY
A DIVISION OF THE MABCHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursunnt to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
miental Code of Fair Competition for the Caster and Floor Truck
Manufacturing Subdivision of Mlachinery and Allied~ Products
Industry, and hearings having been duly held thereon and the an-
nexed report on said Supplemlental Code containing findings with
respect thereto, having been made and directed to the President;
NOW THEREFORE, on behalf of the President of t~he United
States, I, Hugh S. John~son, Administrator for Industrial Recovery,
pursuant to authority r-ested in me by Executive Orders of the Presi-
dent, including Exuecutive Order No. 6543-A, dated December 30,
1933, and. otherwise; do hereby incorporate by reference said annexedl
report and do find that saidl Supplemental Code complies in all
respects with the pertinent provisions and will pr~omote t~he policy
and purposes of said Title of said Act; and do hereby order that
said Supplemental Code of Fair Comnpetition be. and it is: hereby
approved, subject to the following condition: that the provisions o
Article VIII, Section (a), insofar as they prescribe a waiting period
between the filing with the Code Aut~hority (or such~ agency as mnay
be designated in the Supplemental Code) and the effective datte of
price lists, as originally tiled and/'or revised2 price lists or revised
terms and conditions of sale, be and they are hlerebyr stayed pending
Iny further order.
HUan S. JoHNSON,
Adcmin~istrlator for Indc-ustrlalE Recover~y.
Approval recommended :
BARTON WC~. MURRAY,
Juzly 7, 193..
7T2433" -820-32---34 (1)
REPORT TO THE PRESIDENT
ThFe TTY Aiteu Howe.
Sm~: This is a report on the Supplemental Ciode of F'air Compe-
tit~ion for the Caster and Floor Truck Alanufacturing Subdivision
of Alanchinery andl Allied~ Prodlucts Industry, a Public Hearing on
which was~i held in Wasshington, D.C1., on December 21, 1933. The
Hearing was condliuctedl in full accordance with the provisions of
Title I of the Nationlal Indt~ustrial Recovery Ac..
The Caster a~nd Floor Truck Mannufacturing Subdivision, being
truly r~epresent~ative of the manufacturers of the products defined
in Article II of the Suplemlentantl Codle. has elected to formulate a~nd
submit. a Sup~plemnental Code of Fair Clompetition as provided in
Article I of the Codle of Fair Comnpetitio~n for the M~achinery and
Allied Products Industry, approved by you on the seventeenth day
of March, 19:34.
The Castber anid Floor Truck hlinnufacturinrr Subdivision means
the manufueture for sale of casters of all descriptions, including
furniture, metal bed, w~ashing machine, hospital, truck casters, and
mliscellaneous masters, and floor protective devices, commonly called
glides, slid-es andt rests; hand propelled floor trucks of all descrip-
tions, trailers (other than highway trailers), barrel skids and parts
of all the foregoing prodlucts, and all articles and devices kindred
or inicidlent to- the caster andl or floor truck business, and includes all
those engaged in such manufacture for sale.
This Subdlivsion has been severely affected by the recent. depres-
sion. This is evidenced by the steadyS decline in annual sales since
1989D. Y'olumie dleclinedl from $12,400),000 in 1929 to $4,300,000 in
1932 or 59..Sales for the first. six months of 1933, however, were
est.imatedl at. $3.100,000.
Estimatesi of approximately employment indiente that the number
of factoryl workers~ in lose, e,200(, declined to 1,0)97 in 1932, or 5050.
In November, 1933, emp~loyment had suifficiently improved to bringv
the number up to 1.619.
Estimantedl average ma~n-hour~s per week declined from 111,624 in
June,, 1929 c, t 641R ocl r.. 589.~), inJune, 1933, and thereafter increased
to 59,579 in November, 1933, or 28~..
Average w~Ceekly wa~ges paid to factolry employees amounted to
$2~3.39 in June, 19~29, and decreased to $14.55 in June, 1933, and t~o
$14.31 in Novemb~er, 1933, a decline of 39 .~ from June, 1929.
The wnge provisions for the Subdiviision, which is operating under
the Code of t~he MlachineryS and Allied Products Industry, provide
that employees engaged in plant operations shall be paid as follows:
(1) in cities of more than 50,000 population and their immediate
vicinity, 40 cents per hour; (2) in cities of more than 10,000 but
niot more than 50,000 population and their immediate vicinity, which
cities are not. in t~he immnedliate vicinityv of a cityL\ of more than 50!000(
population, 38 cents per hour; (3) in cities of 10,000 population or
less and their immediate vicinity, which cities are not. in the imme-
diate vicinity of a city of more than 10,000 population, 36 cents per
hour, except that employees engaged in plant operations in all locali-
ties in the states of Virginia, North Carolina, South Carolina, Geor-
gia, Florida, Tennessee, Alabama, Illississippi, Arkansas, Louisiana,
Texas, and Oklahoma, shall be paid not less than 32 cents per hour.
W'Chen females do substantiallyv the same work as males or replace
males, they shall receive the same pay. However,, no female emn-
ploy'ee shall be paid less than 871,/*E% of the proper rate for the
locality in which employed.
Office boys and girls and apprentices shall be paid not less than
80% of the minimum wage.
Employees other than those engaged in plant operations shall r~e-
ceive not less than $15.00 per week.
This Supplemental Code provides that no person under sixteen
years of age shall be employed in this Subdivision.
RESUME OF SUPPLEMIENTAL CODE
Article I states the purpose of the Supplemiental Code.
Article I[I accurately defines specific. terms applicable to the Subl
division as used in this Supplement~al Code.
Article III provides for the adoption of the employment provi-
sions of the Codle of Fair Competition for the 10achinery and Allied
Products Indust~ry as approved byr you on the seventeenth day of
lklarcht, 1934, and as from time to time amended.
Article IV provides for the adoption of Articles II, VI, VIII, and
IX of the Code of Fair Competition for the 11achinery and Allied
Products Ind~ustryT in accordance with the conditions of this Article
governing their adoption.
Article Vr provides for the establishment of the Code Authority
and defines its powers and duties.
Article VI provides for an accounting systemn andl methodls of
cost finding and/'or estimating.
Article VII provides that no products shall be sold or exchanged
below a reasonable cost when the Code Aut.hority determines that
an emergency exists.
Article VTIII p~rovides for methods of setting up, revising, and
filing price lists and discount sheets and terms of sale andt payment.
Article IX sets forth trade practices for t~he Subdivision.
ALrticle Xi establishes that no provision of this Supplemiental Code
relating to pricing and marketing shall apply to export trade.
Article XI. This Supplemental Code and all the provisions
.thereof are expressly made subject to the right of the President, in
accordance with subsection (b) of Section 10) of the Act, from time
to time to cancel or modlify any order, approval, license, rule or
regulation issued under said Act. Provision is also made that modi-
fications may be submitted by the Code Authority.
Article XIIT prov-ides means for withdrawal of this Subdivision
from the Basic Code and its continuance as an autonomous Code.
Alrt~icle XIII est.ablishles that no provision of this Supple~mental
Code shall be so applied as to permit monopolies a~nd monopolistio
practices or t.o elimlinate, oppress, or discriminate against small
Article XIV states t.he effective date of this Supplemental Code.
The Assistant Deputy Administrator in his final report to me on
said;I SuIII~nppleme1 nt l lCo hav'ing found a~s herein set fourth and on the
basis of all the pr~oceedingas in this matter:
I find that.:
(a) Said Code is well designed to promote t~he policies and pur-
po:sesi of Title II of thet N.tional Industrial Recovery Act, including
remnoval of tbstbruction~s to the fr~ee flow of interstate and foreign com-
mier~c~e~ which tend to diminish t~he amount. thereof and will provide for
the general welfare by promoting the organization of industry for
the purp~ose of coop~erative action am-ong the trade groups, by induc-
:in g a ndl maintaining united nation of labor and managemnentt under
adequal~~te gojver~nmntala sanctions and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible util-
ization of the present productive capacity of industries, by avoiding
undue restriction of production (except. as miay be temporarily re-
qiuiredil), by increalsing the consumption of industrial and agricultural
prodluctsi through incr~easing purchasing power, by reducing and re-
lieving unemploymrlent, by improving standards of labor, and by
ot herw~ise r~ehnhlilitating ind ustry.
(b) Sa-id Subdivision normally employs not more than 50,000 em-
ployees; and is not. elasified by me as a major industry.
(c) The Clode as a pr Ioved compies in all respects with the perti-
nent provisions of said Title of saidl Act, including without limita-
t~ion Subsection (a) orf Section, 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that~ the applicant group
is an industrial assc~ciat~ion t.ruly1 representative of the aforesaid Sub-
division; and that aidQI assl~ocation imposes no 11 ineql~tuiale retrF;ctionsr
on admnissionn to membnlers~hip therein.
(dl) The Copcles is not designed t~o and will not permit monopolies
or monopolistle practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
beePn deprivedr of the~ right to be heard prior to approval of said
For these reasons, therefore, I have approved this Suipplemental
Code, provided that certain provisions relating to price pubjlication
HancI S. JoHNsoN,
JULY 7, 1934.
SUPPLElilENTARY' CODE OF FAIR COMPETITION
FOR CASTER AND FLOOR TRUCK~ MANUFACTURING
A DIVISION OF THE MABCHINERY AND ALLIED PRODUCTS INDUSTRY
To effectuate the policy of Title I of the National Indlustrial
Recovery Alct, the following provisions are established as a Sup-
plemental Code for the Caster and Floor Truck M~anufacturing
Subdivision of the M~achinery and Allied Prodxiets Industry,
and t.0gether with the Code of Fair Competition for Rlachinery
and Allied Products Indlustry shall be the standard of fair compe-
t~ition for this Subdivision, and. shall be binding on each employer
"LApplicant means the Caster and Floor Truck 1\lanufacturers
Association, a trade organization, all members of whlich are on-
gaged in the manufacture for sale of the products of thle C'aster
and Floor Truck hlanufacturingo Subdivision of the 1\lachinery and
Allied Products Industry.
Industry "' means t~he 1\lachinery aind Allied Products Industry,
as defined in its Code of Fair Comlpebtiton as approved by the Presi-
dent, and as such definition mnay from time to time be amended.
Subdivision means the Caster and Floor Truck Alanufacturing
Subdivision of the M~achinery and Allied Products Industry as de-
fined and set forth in Paragraph 4 of Article II of the Codle of Fair
Competition for the 10achinery and Allied Products Industry as
Caster and Floor Truck M~anufacturing Subdivision means the
manufacture for sale of casters of all descriptions, including furni-
ture, metal bed, wanshing machine, hospital, truck casters and miscel-
laneous casters, and floor protective devices, commonly called galides,
slides and rests; hand-propelled floor trucks of all descriptions,
trailers (other than highway trailers), barrel skids and parts of all
the foregoing products, and all articles and devices kindred or inci-
dent to the: caster and /or floor truckr business, and includes all those
engaged in such manufacturer for sale."'
Code means the Code of Fair Competition for the lunachinery
a~nd Allied Products Industry, as approved by the President, and as
from time to time amended.
"L Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee 1in bank-ruptcy, a receiver
or other entity.
Employer ") means any person engaged in this Subdivision either
on his o-n b~ehalf or as an employer of labor.
The Act means Title I of the National Industrial Recovery
The President means the President of the United States.
The Administrator means the Adminiistrator for Industrial
"' Basic Code Authority means the Code Authority for the Ma-
chinerys and A2lliedl Pr~od-ucts Indlustry as constituted by the Code.
Code Authority means the Code Authoritgy constituted for this
Subdiviision as poroided by the Codle andr by this Supplemiental Code.
Group Cocde Author~ity means the C~ode Authority for any
group or product classification within this Subdiv\ision.
"L Publish means to make available to thle public.
AlRTICLE III EM~PLOYMIENT PROVISIOINS
The following Art~icles of the Codle, viz: Article III, Working
Hours "; Ar~ticle IV, "L Wag~es "; Andi Ar1ticle V, G;eneral Labor Pro-
visions ", are hereby miade a p~art of thiis Supplemental Code, with the
samne effect as if they were wr-itten into this Sup~plemnental Code.
ARI:`CLE IVT-;ADiPTIONr OF OTHER PRov.ISIn~s or CODE
Th~e follow-ingj Articles of the Code. viz: Article II, "' Definitions ";
ALrticle VTI. "A~dmlinistrati on1 "; to the extent. that they shall be appli-
cab~le to thijs Supplemental Code as such or as it may hereafter be
admr~ini. tered as an r~ atnomou~ll(,lS codle; and Ariticlje VIII,' Modifica-
tions andl Term'llina~tion1 "; areC hereby adopted and made a part of
this Sup~plemenz~tal Code, with~ the same effect as if they were written
into this Sup~plemecntal Code.
(a) A~ Code Authority for this Subdivisioni is hereby constituted
to administer, suplervise andl facilitate, the enforcement of the Code
andr of! this Supp~lemental Code in the manner and to the extent
p~rovidled in the Cod~e and in this Supplemnental Code.
(b) Durinig a period not to exceed sixty (60) days following the
effective date andl endn-ing the election of the permanent. Code Au-
thiority, the board of directors of the Applicant shall constitute a
temipora ry Code Authority.
(c) This Suibdivision, havinga held on election for permanent Code
Authority under the provisionss of the Ciode of Fair Comipetition for
the Manchinery~ and AIllied~ Products Industry, the Code Authority so
elected shall conistitute the first permalnent Code Authority for this
Subdivision if thiis election meets w~itlh the approval of thle Admiinis-
trator. If this election dloes not meet with the approval of the
Admninistrator then the provisions hereinbelowv provided shall apply
for the election of the first permatnent. Code Authority. For elec-
tions after the first, the provisions of this C/ode for election of a
permanent Clode Authority shall apply.
(dl) The Applicant shall, by written notice mailed (registered)
to all employers known to the Applicant, call a meeting of em-
players to be he~ld wlithi~n sixty (603) days after the effective datfe for
the purpose of adopting proceduaral rules and regulations ~for the elee-
tion, organization and operation of the permanent Code Authority
and electing a permanent Code Authority hc hl oss fnn
nerm~bers. The: Administrator may, in ~hisi dscretion, apot o nne
additional member (without vote and without expense to the Sub-
divPision). The permanent Code Aut~hority so elected and appointed
shal~l succeed the temporary Code Auxthority.
(e) Any emnployer shall be entitled to vote at thle election of the
permanent Code Authority and at other meetings of emuployers and
share in the benefits of the activities of Code Authority andt par~tici-
pate in any endeavors of Code Authority in thle preparation of any
amendments or revisions of, or addlitions or supplements to this Sup-
pleme~ntal Code by paying or agreeing to pay, as and wThenl asisessed,
h~is proper pro rata share of the reasonable cost of administering this
Surpplem~ental Code as determined by Code Au~thority. The assess-
mlents shall be pro rata on t~he basis of employers' total sales averaged
?over the two precedinga years and the total sales of the Subdivision
averaged over those same two years, or on any other eqluitablle basis.
(f) Action by employers in any Subdivisjion meeting for the elec-
tion of Code Authorityv shall be by vote of thle emnplo~er~s entitled
to vote as provided in Section (e) of this Article V, each such emi-
ployer to have one vote only. Action by emlployers in any Subdli-
vision meeting for the adloption1 of procedural rules, revisions or
additions to this Supplemental Code, or the transaction of other
.business of the Subdivision under this Supplemental Code, shall be
-by vote of the employers in the Subdivision who are entitled to vote
therent as provile~d in Section (e), Article V of the Supplemnental
Code a.nd are present in person or by proxyv duly executed and filed
wFith Code Authori~ty; cast and comlputed in t~he manner pr~ovidled in
Section (d), Article VI of the Code. All questions as to the number
of votes which each employer shall be entitled to east at any meeting
of employers other than the meeting held to vote for the election of
the permanent. Code Authori~ty shall be determined by Cod~e Author-
i~ty in accordance wi~th Section (d) Article VI of the Code.
(g) In. order that the Code Anthority shall at. all times be truly
representative of the S~ubdivision a.nd in other respects comply with
the provisions of the Act, the Administ~atorr mnay prescribe such
hearings as he may deem proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not. in other
respects comply with the provisions of the Act. may require an
appropriate modification in the method of selection of the Code
(h) Employers in this Subdivision having a common interest. and
common problems may be grouped by Code Authority for adminis-
trat~ive purposes. There shall be a Group C~ode Authlority approved
.orT appointed by Code Autho~rity for each such group.
(i) If formal complaint. is made to Code Authority that provi-
sions of this Supplemental Code have been vliolated by any employer,
Code Authority or the proper Group Code Authority may to the
extent permitted by the Act, cause such investigation or audit to be
mnade as may be deemed necessary. If such investigation is made by
Group Code Authority it shall report. the result of such investigation
or audit. to Code Authority for action.
(j) The Code A~uthoritby may appoint a Trade Practice Commit-
tee which shall meet with thle Trade Practice Committees appointed
under such other Codes as ma~cy be related to the Subdivision for t~he
purpose of formulating fair trade practices to govern the relation-
ships between production and distribution employers under this
Supplemental Code and under such others to the end that such fair
trade practices may be proposed to the Administrator as amendments
to this Suppfelemntal Code and such other codes.
Antic VI-CCOUNTING AND COSTING
Th~e Code Authority~ Shall enuse to be formulated an necounting
systemn and methods of cost. finding and,'or estimating capable of use
by all employers of the Sub~division. After such system and
methods have b~een formulated, full details concerning them shall
be made available to all employers. Thereafter all employers shall
determline undi/or estimate costs in accordance with the principles of
ARTICLE VI;I-SLELLING IBELOw REASONABLE COST
SECTION 1. W~hen the Code Authority determines that an emer-
gency exists in this Subdivision andl that the cause thereof is de-
stllrutiveP pr'ice-cutfting su1ch as to render inellective or seriously
endanger the maintenance of the provisions of this Supplemental
Code, the Code Author~ity may cause t~o be determined the lowest
reansonabl~e cost of the products of this Subdlivision, such determina-
tion to be subject to such notice and hearing as the Administrator
may require. The Admiiinistrator may approve, disapprove, or
modify the determlinationl. Thereafter, during the period of the
emer~gnc~y, it shall be an unfair trade practice for any emp~loyer of
the Subdivision to sell or offePr to sell any products of: the Subdivi-
sion for which the lowest reasonable cost has been determined at
such prices or ulpon sulch terms or conditions of sale that the buyer
will pay less therefore than thle lowest reasonable cost of such
Whlen it appears that conditions have chlanged-, t~he Code Author-
ity, upon its own initiative or upon the request of any interested
par~ty, shall cause the dleterminaltion to be reviewed.
SECTION 2. The foregpoing Section 1 shall not. apply to (a) dropped
lines, or (b) seconds, or (c) inventories which must be, converted
into enshi to meet emlergency needs, all of which mayv be disposed
of by any emnployer at any price and on any terms or conditions,
but only if such employer, not less than two weeks before such pro-
posedl dispoc-snl, has filedd with Codle Authority a statement in writ-
ing setting forth the facts of, and reasons for, such proposed dis-
posal andl the price and- terms and conditions of sale, and Code
Authority has not, (wFIith the approval of the Administrator), be-
fore the termination of such t wo weeki period, in writing, disap-
proved the proposed disposal. Notice of such disposal, if not dis-
approv'ed, shall be sent immediately to all employers manufacturing
products of equivalent design, character, quality or specifications,
who may sell (a) dropped lines, or (b) seconds, or (c) inventories
which must be converted into cash to meet emergency needs, at
prices and on terms and conditions as favorable as those stipulated
in the proposed disposal.
SacTrow 3. The foregoing Section 1 shall not apply to a sale made
in order to meet competition on products manufactured outside the
United States. For such disposal, any employer may sell, at prices
and on terms and conditions as favorable as those of the competing
foreign product, but only if he has first reported to the Code Authlor-
ity his intention so to sell, and the facts as to the competition which
justifies such action.
ARTICLE 711--FRICE LISTs
(a) If and when Code Authority determines that in any group of
the Subdivision it has been the generally recognized practice to sell
a specified product on the basis of net price lists, or price lists with
discount sheets, andi fixed terms of sale and paymentt, each employer
engaged in the manufacture of such product shall, within ten (10)
days after notice of such determination, file with Clode Authority
a net price list., or a price list with discount. sheet, as the case: may be,
individually prepared by him, showing his current prices, or prices
and discounts, and terms of sale and payment for such specified prod-
act, and Code Authority shall imlmediately publish anid send copies
thereof to all known employers w~ho are cooperatmng under this Sup-
plemental Code as described in Article V (d) aind engaged in the
manufacture of such specified products.
RevisedZ price lists and./or discount sheets and,/or terms of sale and
payment may be filed from time to time thereafter with thle Code
~Authorityv by any such employer, to become operaItive upon t-he date
specified therein, but such revised price lists and -or discount sheets
a.nd/or terms of sale and payment shall be fledl with a Code Alu-
thority ten (10) days in advance of the operative date. The Code
Authority or the Group Code Authority may establish a shorter
period at any time provided no revisions waiting operative date shall
be affected thereby. Copies thereof, with notice of the operative
date specified, shall be immediately published and sent to all eml-
ployers cooperating under this Supplementa~l Code as described in
Article V (d), any of whom may file, if he so desires, revisions of his
price lists and,/or discount sheets and/.;or terms of sale and payment,
which shall become effective upon the date when the revised price
list and,-or discount. sheet and,/or terms of sale and payment first filed
shall go into effect.'
(b) If and when Code Authority shall determine that in any group
of the Sulbdivision not now selling its product on the basis of price
lists, with or without discount sheets, with fixed terms of sale and
payment, the distribution or marketing conditions in the group are
the same as! or similar to, the distribution or marketing conditions
in a group where the ulse of price lists, with or without discount
sheets and fixed terms of sale and payment is well recognized, and
18ee paragraph 2 of order approving this Code.
that a system of selling on net price lists or price lists andl discount
sheets with fixed terms of sale and payment for such specified prod-
uct should be put into effect in such group, then each employer in
suc grupshall within twentyV (20) days after notice of such deter-
mintio, fle with Code Authority net price lists or price lists and
discount sheets, with fixed terms of sale and payment, showing his
prices and discounts and terms of sale and payment, and such price
lists and,.'or discount sheets and,'or terms of sale and payment may
be thereafter revised in the manner hereinbefore provided. Pro-
videdl that Code Authority shall make no determination to place any
product of the Subdivision (not now on a price list basis) on a price
list basis, as provided in this Section unless affirmative consent to
such1 etetrminantion is given by a 66%%3c~ vote of employers who are
at, that. time cooperating under this Supplemental Code as described
in Article V (e), and are engaged in manufacturing such product.
The eligibilityI requirements, mepthods, andr effect of sucrh vonting shall
be the same as is provided by Article V.,
(c) No employer shall sell directly or indirectly by any means
whatsoever, any product of the Subdivision covered by provisions of
this Article V'III at a price or at discounts or on terms of sale and
payment, different from those provided in his own current net price
lists, or price lists and discount sheets, and terms of sale and payr-
ment, except as provided in Article VII, Sections 2 and 3.
AlrrCLE 11-TRA~DE PRACTICES
1. No employer shall indulge in destructive price cutting.
2. No employer shall secretly, directly or indirectly, offer to make
any payment or allowfance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of money
or otherwise, nor shall an employer secretly offer or extend to any
cusrtomner any special service or privilege not extended to all
customers of the same class, for the puirpose of infiluencing a sale.
3. No employer shall publish advertising (whether printed, radio,
display or of any other nature), which is misleadling or inaccurate, in
any material particular, nor shall any employer in any way misrepre-
sent any goods (including, but without limitation, its use, trade mark,
grade, quality, quantityv, origin, size, substance, character, nature,
finish, material, content, or preparations or credit terms, values,
policies, services, or the nature or form of the business conducted.
4. No employer shall publish or circulate unjustified or unwar-
ranted threats of legal proceedings which tend to or have the effect
of harassing competitors or intimiidating their customers.
5. N~o employer shall give, permit to be given, or directly offer
to give, anything of value for the purpose of influencing or reward-
ing the action of any employee, agent or representative of another
in relation to the business of the employer of such employee, the
principal of such agent or the represented party, without the knowl-
edge of such employer, principal or party. This provision shall not
be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.
AnTICLz XY-EXPORT TRADE
No provision of this Code relating to prices or terms of selling,
shippingr or manrketing, shall apply to export trade or sales or ship-
ments for export trade. Export Trade shall be as defined in the
Export Trade Act adopted April 10, 1918.
(a) As provided by Section 10 (b) of the Act, t~he Pr~esid~ent may
fromi time to time cancel or1 modify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amendmrents, adldit~ions, revisions, o~r supplemnents of this
Supplemental Code, proposed by Code Autholrity, andt authorized by
the affirmative vote of 66%%.'l of t~he employiers shall be in full force?
and effect upon approval by the President. The eligibility require-
ments, method and effect of such voting shall be the same as provided
by Article V hereof.
(c) This Supplemnental Codle shall terminated June 16, 1935, or on
suchl date prior thereto wh~en the Act shall be repealed or the Presi-
dent shall, by proclamation, or the Congress shall, by~ joint resolution,
direct that the emergency recognized by Sectioni I of the Act hias
UJpon thirty days notice to the B3asic Codle A~uthority~ andl to th~e
Administrator, this Subdivision may,! upon the concurring affirma-
tive vote of employers within the said Subdlivision entitled to east
two-thirds or more of all the votes that m1igaht be cast by~ all em-
ployers within the Subdiv~ision entitled to vote thereon, withdraw
from t~he jurisdiction of the Basic Code Authority. The eligribihlty
of voters and the method and effect of such v~oting shall be in necord-
ance with the provisions of Article V' hereof. After and in the event
such withdrawal is accomplished, this Sulpplemlental Code together
with the provisions of the Code shall become andc~ be the sole Code
governing this Subdlivision and the Code Aiuthority' shall, for this
Subdivision, become and be the sole Code Aluthority andl shall per-
form all the functions withi respect th~ereto.
Applicant imposes and shall impose no inequitable restrictions
on membership thereini. The Sup-plemlental1 Code presented by it, is
not designed to promote monopoly, and shall not be so construed or
apphied as to oppress or ehimmate small enterprises or discriminate
against them, and is designed to effectuate the policy of the Atct.
ARTICLE XjIVT-EFFECTVE DATE
This Supplemental Code shall become effective and binding on
all persons engaged in the Subdivision on the eleventhi day after
Approved Code 347--Supplement No. 26.
Registry No. 13160,.