Supplementary code of fair competition for the mechanical press manufacturing industry (a division of the machinery and ...

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Material Information

Title:
Supplementary code of fair competition for the mechanical press manufacturing industry (a division of the machinery and allied products industry) as approved on July 9, 1934
Portion of title:
Mechanical press manufacturing industry
Physical Description:
11 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Power presses -- United States   ( lcsh )
Metal-work -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-68."
General Note:
"Approved Code No. 347--Supplement No. 27."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939825
oclc - 652478113
System ID:
AA00006822:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



S UPPLE MENTTARY

CODE OF FAITR COMPETITION



~MECHANICAL PRESS

~MANUFACTURING INDUSTRY

(A Division of the Machinery and Allied Products Industry)


I I
For sale by the Superintendenrt of Documents, Washington, D.C. Price 5 cence


Approved Code No. 347--Supplement No. 27


Registry No. 1399--68


AS APPROVED ON JULY 9, 1934


WVE DO OUR PART


I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934



























This publication is for sale by the Superintendent of Documents, Government
Printing Omee, Washington, D.C., and by district ofhees of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIERCB
At~lanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y'.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commeree.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.; 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianspolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, 1910.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
lklinneapolis, M~inn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y'.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal Office Building.









Approved Code No. 347--Supplement No. 27


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

ME CHANIC AL PRE SS MAN UFAC DURING
INDUSTRY

As Approved on July 9, 1934


ORDER

Aren1ovrwo SUPPLEMENTARY CODE OF FAIR COMBPETITION FOR THE
WIECHANICAL PRESS RIANUCFACTTTrRING INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS 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, 1933, for approval of a Supple-
mental Crode of Fair Competition for the M1echanical Press Mlanu-
facturing Subdivision of M~achinery and Allied Produicts Industry,
and a hearing having been duly held thereon and the annexed report
on said Supplemental C~ode conta i n ing findlings with res pect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Induistrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6541-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplemental Code complies
in all respects with the pertinent provisions and wiUl promote the
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 condition thrat thle provisions of
Article VIII, insofar as they prescribe a waiting period between
the filing with the Ciode Authority (or such agency as may be
designated in the Supplemental Code) andl the detective date of
price lists, as originally- filed and/.or revisedl price lists or revised
terms and conditions of sale, be and they hereby ar~e stayed pending
my further order.
HUGHI S. JOHNSON,
Administrator for Indcustrial Recovery.
Approval recommended :
BURTON W. MPURRAY,
Divis~iol Admninistrantor.
WTASHINGTO)N, D.C.,
July 9! 1934.
72644 "- 820-3 5----34 (1)










REPORT TO THE PRESIDENT


The PRESIDENT,
The White, House.
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the M~echanical Press Manufacturing Subdivision of the
Macrhinery andl Allied Producirts4 Industry, pubhlic hearingr having
been conducted thereon in W~ashington, D.C., Miay 10, 1934, in
accordance with the provisions of Title I of the National Industrial
Recovery Alct. Every person who filed a request for an appearance
~a~s freely heard in public and all statutory and regulatory require-
ments were complied with.
GENERAL STATEMENT

The M~echanical Press Buildlers' Association, being truly repre-
se~ntative of this Subdivision of the M~achineryv and Allied Products
Industry, has elected t~o avail itself of t~he option of submitting a
Supplemental Code of Fair Competition, as provided in Article
I of the Basic Code for the Machinlery and Allied Products Industry
approved by you on the seventeenth day of Marh 1934
This Subdivisionl represents a part of h aia od nuty
manufacturing and selling mechanically power-driven presses with
.reciprocating slide or sides, and machinery (except machinery
within the scope of another code) used for the purpose of shearing,
blanking, punching, stamping embossing, forming and drawing
metal, hot or cold, and accessories, attachments, and parts thereof.
EC~ONOMIO EFFECT

It is estim~satd that this Subdivision in 1929 employed approxi-
mately 5,800 persons. This estimate is based on data contained in
the National Recovery Administration questionnaires returned by
1~6 members of the Subdivision.
According to a summary of the questionnaire returns by 16 mem-
bers of the Subdivision, factory employment in the second quarter of
1933 declined 89.2 per cent from 1929. An increase mn employment
of 106.4 per cent was noted from June 1933 to November 1933. Em-
ploymetnt in Novembe~r 193.3 was 63.8 per cent below the 1999 level.
Annual sales of the Subdivision, based on estimates furnished in
the code application by the Mechanical Press Builders' Association
declined from $25,370,000 in 1929 to $2,461,000 in 1932, or 90.3 per
cent, and increased thereafter to $3,068,000 in 1933, or 24.7 per cent
over the previous y'ear.
App~roxim'ately 54.3 per cent of the workers were employed more
than 40 hours per week during a representative week of June, 1933.
The average work-week declined from 54.9 hours in June 1929 to
29.0 hours in J~une, 1933, then increased to 87.7 hours in November
1933.
Man-houris per week for a representative sample of the Subdivision
declined 90.6 percent from June, 1929 to June, 1933 and in November,
1933 showed an increase of more than 150 per cent over June, 1933.








M~an-hour requirements for November, 1933 wvere 74.8 per cent below
the level of 1929. Due to the fact that the Subdivision in November
1933 was operating on an average of 37.7 hours per week, little in-
crease in employment may be expected as a result of the adoption
of a 40-hour week.
Approximately 10.9 per cent of the factory workers employed in
June, 1933 were receiving less than 40 cents per hour; 9.5 per cent
were receiving less than 38 cents per hour; 8.1 per cent were receiving
less than 36 cents per hour, and 4.0 per cent wlere receiving less than
32 cents per hour. Based on the distribution of hourly rates for
June, 1933, the adoption of the minimum waRge rates provided by the
code will effect a concomitant increase in total payrolls of approxi-
mately one per cent, assuming upward adjustment in the brackets be-
low below the 40-cent minimum only and no change in man-hour
requirements.
RESUME~ OF THE SUPPLEMENTAL CODE
Article I states the purpose of the Supplemental Code.
Article II accurately defines specific terms employed in this Sup-
plemental Code.
Article III: The labor provisions of the Basic Code for the
Machinery and Allied Products Industry, as approved Mlarch 17,
1934, are incorporated by reference as the labor provisions of this
Supplemental Code.
Article IV adopts the relevant portions of Article II "LDefinitions "3,
Article VI "' Admiinistration ", and Article VIII,' Modifications and
Termination ", of the Basic Code for the Machinery and Allied
Prodtucts Indust~ry, as approved M\arch 17, 1934.
Article V establishes a code authority consisting of not less than
six (6) nor more than nine (9) members, two of w~homi may be
elected by vote of employers who are not members of the Applicant
Association. The Administrator may, in his discretion, appoint one
additional member, without vote andl without expense to the Sub-
division. Together with thle applicable provisions of t~he Basic Code,
mechanism is provided for the administration of this Siupplemental
Code.
Article V~I provides for an accounting system andl methods o~f
cost finding and 'or estimating.
Article V'II provides that. during An emergency, the lowest reaL-
sonable cost of products of the Subdlivision may be: det~ermlined, and
that. during said emergency, it. shall be an unfair trade practice to
sell at less than the determined reasonable cost.
Article VIII provides for methods of setting up, revising and
filings price lists andi discount sheets and terms of sale and payment.
Article IX sets forth the trade practices which have been especially
designed to offset unfair competition in this Subdlivision.
Article XC stipulates that no provision of this Supplem~ental? Cod-e
relating to price or terms of selling, shipping or marketing, shall
apply to export trnde or sales or shipments for export trade.
" Export trades shall be as defined in the Export Trade Act adopted
April 10, 1918.
Article XiI contains the mandatory provisions contained inl Section
10 (b) of the Act, and also provides for the submission of proposed
amendments to the Supplemental Code.








Article XII: provides for the withdrawal of this Subdivision from
the jurisdiction of the Basic Code Authority and for the continued
functioning of this Subdivision as an individual industry under its
own Code.
Article XIII stipulates that there shall be no inequitable restric-
tions and provides against monopolies.
Article XIV gives the effective date of this Supplemental Code.
FINDINGS

The Deput~y Administrator in his final report to me on said Sup-
plemental Code, having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that:
(a) Said Supp~lemrental Code is well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery
~Act, including removal of obstructions to the fr~ee fow of interstate
and foreign commlerce which tend to diminish the amount thereof,
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trnPade grous by induiirng and maninta~ining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except 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 rehabilitation industry.
(b) Said SubdivPision normally employs not more than 50,000
employees; and is not classified by~ me as a major industry.
(c) -The Supplemental Code as approved complies in all respects
with thne pertinent provisions of said Title of said Act, including
with~out7 liiatnd Subsection (a) of Section 3, Subsection (a) of
Section ad Sbsetio (b ofSection 10 thereof ; and that the
applicant association is an industrial association, truly representa-
tive of the aforesaid Subdivision and that said association imposes
no inequritable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not per-
mit monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and wiUl not elim-
inste or oppress small enterprises and will not operate to discrim-
inate 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 Supplemental Code.
For these reasons, therefore, I have approved this Supplemental
Code, on the condition that the provisions of Article VIII be stayed,
as stated in the Order.
Respec tf ully,
Hean S. JoRNson,
Ad mini~strator.
JDLY 9, 1934.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE M ECHANICAL PRESS MliA NUFACTU RING IN-
DUSTRY

A DIVISION OF THE 3rACHINERY ANJD ALLIED PRODUCTS INDUSTRY
AuRicLE I--FURPOSES

To effectuate the policy of Title I: of the National Industrial Re-
covery Act, the following provisions are established as a Supqle-
mental Code for t.he Mechanical Press Mianufacturing Subdlvlsion
of the Machinery and Allied Products Industry, and together with
the Code of Fair Competition of .Machinery and Allied Product~s
Industry, shall be the standard of fair competition for this Subdi-
vision, and shall be binding on every employer therein.
ARTICLE II DEFINITIONS

"Applicant means the Mechanical Press Builders' Association,
a trade organization, all members of which are! engaged in the manu-
facture for sale of t~he products of th~e Miechanical Press Mlanufac-
turing Subdivision of the Machinery and Allied Products Industry.
Industry means the M~achinery and Allied Products Industry,
as defined in its Code of Fair Competition, as approved by the Presi-
dent, and as such definition may from time t~o time be amended.
"L Subdivision means the Mekchanical Press M~anufueturing Sub-
division of the Mlachinery and Allied Products Industry as defined
and set forth in paralgr~aphl 44, Ar~ticle II, of thle Clode of Fair
Competition of the Mlachinery and Allied Prodluct~s Industry as
amended as follows:
Mechanical Press Mfanufacturing Subd~ivision means the manu-
facture for sale of mechanically power-dlriven presses with recipro-
cating slide or slides, andr machinery (except machinery wFithin the
scope of another code) used for the purpose of shearing, blanking,
punching, stamping,.~ embossingr, formiing,a andl dra wing metal, hot
or cold, and accessories, attachments, andl parts thereof produced
by the manufacturers of the completed! products of the Subdivision."
"' Code mneans the Codle of Fair Comnpetition of the Mlachinery
and Allied Products Indlustry as approved by the President, Mlarch
17, 1934, andi as from time to time amenledl.
'~ Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver,
or other entity.;
Employer means any person engaged in this Subdivision
either on his own behalf or as an employer of labor.
"r Employee means anyone who Is employed in the Subdivision
by any such employer.








The Act means Title I of the National Industrial Recovery
Act.
"L The President means the President of the UJnited St~ates.
The Administrator means th~e Administrator for Industrial
Recovery.
Ba~sic Code Authority means the Code Authlority for the Ma-
chiner~y anid Allied Products Industry as constituted by the Code.
Code Authority means the Code Authority constituted for
this Subdivision as provided by the Code and by this Supplemental
Code.
Group Code Authority means the Code Authority for any
group or product class~ification within this Subdivision.
"' Publish mieans to ma~ke available to the public.
ARrlCLE III-EM6PLO)YMENT PROVISIONS

The following Articles of the Code, viz: Article III, Working
Hours ",; Article. IV, Wages "; and Article V, General Labor Pro-
visions ", are hereby made: a part of this Supplemental Code, with
the same etlfect as if they wrere written into this Sup~plemental Code.
AKEEfCLE IV---AnDorrowo OTHC~ER PROVISIONS OF CODE

The following Articles of the Code, vis: Article II, "' Definitions ",
Article VI, "Admninistration to the extent that they shall be appli-
cable to this Supplemental Code as such or as it may hereafter be
administered as an autonomrous Code; and Article VIII, "' Modifica-
t~ions and Termination ", are hereby made a part of this Supple-
men~tal: Code, with the same effect as if they were written into this
Supplemental Code.
AwrrlCLE V---ADMLINISTRATION

(a) A Code Authority for this Subdivision is hereby constituted
to administer and supervise, and to facilitate thl~e enforcement of the
Code, and of this Supplemental' Code in the manner and to the
extent provided in the Code and in this Supplemental Code.
(b) During a period not to exceed sixty (60) days following the
effective date and spending the election of the permanent Codle
Authority, the executive committee of the Applic~ant shall constitute
a temporary Code Authority. The Administrator, in his discretion,
may appoint one additional member (without vote anid without
expense to the Subdl~ivision).
(c) The Applicant shall, by at least ten (10) days' notice sent by
registered mail to all employers whose names t~he Applicant has
ascertained after reasonably diligent search, call a, meeting of em-
ploy~ers to be held within sixty (60) days after the effective date
for the purpose of adopting procedural rules and regulations for the
election, organization, and operation of the permanent Code Author-
ity, and electing a permanent Code Authority which shall consist
of not less than six (6) nor mrore than nine (9) representatives of
employers entitled to participate as provided in Section (d) of this
Article V, two (2) of whom may be elected by a vote of the employers








not members of Applicant. The Administrator in his discretion
may appoint one additional member (without vote and without
expense to the Subdivision). The permanent Code Authority so
elected and appointed shall succeed the temporary Code Authority.
Any vacancy on the Code Authorityv due to death, resignation or
because a member thereof has ceased t~o be connected with the Sub-
division shall be filled at a meeting of employers called by the Code
Authority on at least ten day~s' notice sent by registered mail to
all employers in this Subdivilsion, and by a vote similar to the vote
by which the retired member was originally selected.
(d) Any employer shall be entitled to vote at the election of the
permanent Code Authority and at other meetings of employers
and share in t~he benefits of the activities of C~ode Authority and
may participate in any endeavors of Code Authority in the prepara-
tion of any amendments or revisions of, or additions or supplements
to, this Supplemental Code by paying or agreeing to p~ay, as and
when assessed, his proper pro rata, share of t.he reasonable cost of
administering this Supplemental C'ode as determined by Code
Authority, and approved by the Administrator.
(e) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority as provided in Subsection (c) of this Article
V, shall be by vote of the employers entitled to vote as provided in
Section (d) of this Article V, and who are present in person or by
proxy, each such employer to have one vote only~. Aton by em-,,-~;
ployers in any Subdivision meeting for the adoptoofpoeul
rules, revisions, or additions to the Supplemental Code, or the trans-
action of other business of the Subdivision under this Supple-
mental Code, shall be by vote of the employers in the Subdivision
who are entitled to vote therent as provided in Section (d), Article
V of the Supplemiental Code and are present in person or by proxy
duly executed and filed with Code Author~ity; cast and compute
in the manner provided in Section (d), Article V'I of the Code. All
questions as to the number of votes whichl each employer shall be
entitled to cast at any meeting of employers other than the meeting
held to vote for the election of the permanent Code Auithority shall
be determined by Code Authority in ac~cordalz nce wFith Section (d),
Article V'I of the Code.
(f) Employers in this Subdivision having a common interest and
common problems may be grouped by C'ode Auth~or~ity for adminis-
trative purposes. There mlay be a G~roup Code Authority approved
or appointed by Code Authority for eachi such Group.
(g) If formal complaint is made to Code Authority that pro-
visions of this Supplemental Code have been violated by any em-
ployer, Code Authority, or the proper G~roup Code Authority mlay,
to the extent permitted by the Act, cause such investigation or audit
to be made as may be deemed necessary. If such investigation is
made by Group Clode Authority, it shall report the result of such
investigation or audit to the Code Authority for action.
(h) The Code Authority may appoint a Trade Practice Comm-
mitteee which shall meet with the Trade Practice Commit~tees ap-
pointed under such other Codes as may be related to the SubdLivision
for the purpose of formulating fair trade practices to govern th~e
relationships between production and distribution employers under









this Supplemental Clode and under such others to the extent that
such fair trade practices may be. proposed to the Administrator as
amendments to this Supplemental Code and such other codes.
ARTICLE VL ACCOUNTING AND COST'ING

Te Code Authority shall cause to be formulated an accounting
system and methods of cost finding a~nd/or estimating capable of
use by all employers of the Subdivision. After such system and
methods have been formulated, full details concerning them shall
be made available to all employers. Thereafter, all employers sha~ll
determine and/or estimate costs in accordance with the principles of
such methods.

Aanct.E VII--SEIDNo BELOW .REASONABLE CtOST

W~hen the Code Authority determines that an emergency exists
in this Subdivision and that the cause thereof is destructive price-
cutting such as to render ineffective or seriously endanger the main-
tenance of the provisions of this Supplemental Code, the Code
Authority may cause to be determined the lowest reasonable cost of
the products of this Subdivision, such determination to be subject
to such notice and bearing as the Administrator may require. The
Administrator may approve, disapprove, or modify~ the determina-
tion. Theyrefter, durPing the period of the emergency, it shall be
an unfair trade practice for any employer of the Subdivision to sell
or offer to sell any products of the Subdivision for which the lowest
reasonable cost has been determined, at such prices or upon such
terms or conditions of sale that the buyer will pay less therefore than
the lowpiest reasonable cost of such products.
Wlrhen it appears that conditions h-ave changed, the. Code Author-
ity, upon" its owvn initiative or upon the request of any interested
party, shall cause the determination to be reviewed.
ARTICLE VIII PRICE LITST6

(a) 1Each employer shall establish his own prices for his standard
pr'oduIcts, necessories, and lor attachmlents, which he manufactures
or intends t~o manufacture. Such prices shall be filed with Code
Authority, who shall immediately pubJlish and send copies thereof
to all knowni emplloyers whlo are cooperating under this Supple-
2nlenta~l Corde, as d~escribedc in Arllticle V: (d), and such prices shall
then be the list or puiblishedl prices to be quoted to all customers.
Thes.ie list prices~ shall remain in effect. and no dlevialtion mlay be me.de
flromil them until changes are m-adle as provided in the following
parangraphi (1) of this Article VIII.
(b) In orderl1 to effect changes in list. or published prices, at least
ten (10) days blefor~e new prices are intended to become effective,
the empllloyer shall1 file a notice of change, including a schedule of
newFp pric~ei, w-ith~ Code Authority who shall immediately publish and
se-ndl copies th~ereof to all kinown employers within the S~ubdlivision
whoe are ccooperating under thlis Sup~plemental Code, as described in
IBee Parag'raph 2 of ordJer approvingo this Codle.








Article V (d), and who are engaged in the manufacture of such
specified products. During the above-mentioned ten (10) days
period, any employer shall have the privilege of establishing and
publishing, through Code Authority, new prices to become effective
on the same date.
(c) No change shall be made by any employer in the Subdivision
in prices quoted on special presses not included in the above-men-
tioned list or published prices until after ten (10) days' notice has
bee fied ithCod Auhortywho shall immediately notify all
known employers within the Sbiiinwoaeeggdi h
mannufacture of such specified products and such employers may
revise their own quotations to become effective on the effective date
of the first changed quotations.
(d) All quotations for domestic destination shall be made f.o.b.
cars at point of manufacture, or if delivered price is quoted, actual
transportation costs shall be quoted as a separate item.

ARrlCLE IS--TRADE PRACTICES

Each of the following acts or practices is deemed to be inimical
to the best interests of the Subdiv~ision and of the public, and each
is, therefore, hereby declared to be and to constitute an unfair
method of competition and is prohibited; viz:
(a) False Mlarking or Brandling.-The false mar~kinga or brandingo
of any product of the Subdivision which has the tendneny to mis-
lead or deceive customers or prospective customers, whether as to
the grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the Subdivision or otherwise.
(b) M~isrepresentationo ~ or Fals~e or M~isleading Advl~ertising .--The
making or causing or knowingly permitting to be mnade or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning thle g~rade, quality,
quantity, substance, character, nature, origin, size, finish or prepara-
tion of any product of the Subdivision, or the credit terms, values,
policies, or services of any employer of the Subdivision, or other-
wise, having the tendency or capacity to mislead or deceive custom-
ers or prospective customers.
(c) Conmmrcial Bribery.--The payment, or promise to pay, to
any agent, fiduciary, or representative, of money or valuable thing,
with or wTithoult the knowledge of his principals, for the purpose of
influencing any sale to his principal. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising, except so far as such articles are actually
used for commercial bribery as hereinabove defined.
(d) Interference withfj Contfractu(l Rel2ationeS.-Maliciusly indue-
ing or attempting to induce the breach of an existing contract be-
tween a competitor and his customer or source of supply, or inter-
fering with or obstructing the performance of any such contractual
duties or services.
(e) Secret Rebates.--The secretly offering or making of any pay-
ment or allowance of a rebate, refund, commission, credit, unearned
discount or excess allowance, whether in thle form of money or
otherwise, or the secretly offering or extending to any customer








of any special service or privilege not extended to all customers
of the same class, for the purpose of influencing~ a sale.
(f) Giv'ing of PrizEs, Prem~iums1, or Giftx.--The offering or giv-
ing of prizes, premiums, or gifts in connection w~ith t.he sale of
products, or as an inducement thereto, by any scheme which involves
m~lisrepresentat~ion or fraud.
(g)> Defomation..-The defamation of competitors by falsely im-
put~ing to then dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or
by t~he false disparagement of t-he grade or quality of their goods.
(h) Thr~eats ofLitigation.--The publishing or circulating of
threats or suit~sfo infringement of patents or trade-marks or of
any other legal proceedings not in good faith, with the tendency or
effect of ha rassmng competitors or of intimidatting their customers.
(i) Destructive PrPice-Outting.-The engaging in destructive
price-cut~ting by any employer in the Subdivision.
(j") Otherl Cafair Practices.--Nothing in this Supplemental Code
shall limit t~he effect of any adjudication by the courts or holding by
the Federal Trade Commission on complaint, finding, and order,
that any practice or method not outlined above is unfair.
AnnICLE XZ-S~ALES FOR ExronrT

No provision of this Supplemental Code relating to price or terms
of selling, shipping or marketing, shall apply t~o export trade or
sales or shipments for export trade. "' Export Trade "shall be as
defined in the Export Trade Act adopted April 10, 1918.
AnnexxE XL-I-Monuncanows

(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modiify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amiendmnents, additions, revisions, or supplements of this
Supp~lemental Code, proposed byv Code Authority, and authorized
by the affirmative vote of two-thirds or more of the employers shall
be in full force and~ effect upon a.p~proval by the President. The
eligibility requirements, method, and effect. of such voting shall be
the samne as p~rovidled by Article V hereof.
A nnCLE 111- I:IVITH DR A W L

Upon thirty da~ys' notice to the Basic Code Authority and to the
Administrantor. th~is Subdivision may~, upon the concurring affirma-
tive vote of emplloy'ers within the said Sulbdivision entitled to east
two-thilrls oir more of all the votes that might be cast by all employers
within the Subdr~ivision entitled~ to v~ote, th~ereon, withdraw from the
jurisdiction of the Basic Code Authlority. The eligibility of voters
and the methodt and etfect of suich voting shall be in accordance with
the proviicsins o~f Article Y' hereo~f. After and in the event such
withdrawaln is necomplishedil this Supplilmental Code, together with
the p~rovisions of the Code, shall become and be the sole code govern-
ing this Subdlivision, and the Code Authority shall, for this Sub-









division, become and be t~he sole Code Authority and shall perform
all the functions with respect thereto.

ARr~ICLE XIII-MlONOPOLIES

Appljeant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemnental C~ode presented byv it is not
designed to promote monopoly, and shall not be so construed or
applied as to oppress or eliminate small enterprises or discriminate
against them, and is designed to effectuate the policy of the Act.
ARTICLE XiIVT-EFFECTIVE DBrE

This Supplemental Code shall brecomee effective and binding on
all persons engaged in the Subdivision on the eleventh day after
its approval.
Approved Code No. 347--Supplementt No. 2L7.
Registry No. 1399-68.




UNIVERSITY Y OF FL ORIDA


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