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Approved Code No. 84--Appendix No. 4
Registry No. 1149--18
NATIONAL RECOVERY ADMIINISTRATION
(A Subdivision of the Fabricated ~Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON JANUARY 4, 1935
WE DO OUR PARY"
_ -----.--~Y~3-LWIII--CY~ il~T_
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Approved Code No. 84-ppendiix No. 4
MINVE: TOOL MANUFACCJC TIHTURING- INDUSTRY
As Approved on JanuaryT 4, 1935
APPROVING APPENDIX FOR THIE MINE TOOL MANUFACTURIING INDUSTRY
A SUBDIVISION OF THE~F FABIRICAlTED METAL PRODUCTS MANUFACTURING;
ArSND METAL FINISHING AND METAL COATING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery A~ct, approved June 16, 1933, and in accordance with the
provisions of Section. 4 of Article IV of the Code of Fair Competi-
tion for the Fabricated Metal Products Manufacturing and Mlletal
Finishing and Metal Coating Industry, approved NovPember 2, 1933,
as amended June 1, 1934, for approval of an Alppendixr establishing
trade practice provisions for the Mine TIool Manufacturing Sub-
division of said Industry, and Notice of Opportunity to be Heeard
having been duly publicized, and no objections having been received
thereon; and the annexred report on said Appendix to said Code
containing findings with respect thereto, having been made and
directed to the President:
NOW, TIHEREFORE, on. behalf of the President of thze U-nited
State~s, the National I~ndustrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executiv-e Order No. 6859, dated September 27, 1934, and otherwise;
does hereby incorporate by reference said annexed report and does
find that said APppendix to said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act; and does hereby order that said Appendix
of said Code of Fiair Competition be and it is hereby approved.
NATIONAL ]NDUJSTRIAlL RECOVERY BOARD,
By WV. A. HARRIMAN, Bdministrative O7Pier.
Acting Divisionz Administrator.
WASHIINGTON, D). C.,
January t, 1935.
106409 *--1465-12~--35 (1)
RIEPO]RTI TO TIHE: PRESIDENT
T~he White Houe.
SIn: Th~is is a ,report on an Appendlix to the Code of Fair Com-
petition for the ]Fabricated M~etal Products Ma~rnufacturing and
Metal Fiishing and Metal Coating Indust~ry, approved on No-
vember 2, 1933, and as amended on June 1, 1934.
The Mine Tool Mianufacturing Industry, being truly represent~a-
tive of this Subdiviision of the Fiabricatedl M/etal Products M~anu-
fact~uring and Metal Finishing and M~etal Coating Industry. has
electedl to avail itself of the option. of operating under the Codle for
the Fah~~ricated Mletal ]Products Mallnufacturing and Met~al Finishing
and Mletal Coating IndustryI, withi the assistance of additional fair
trade practice provision.
R~s~r SUAI& O THEPPENDIIX
Par~agraph A, D~efinition, accurately defines the~ term Mine Tool
M~anulfacturing Subdivision "
Paragraphn B, Governing Body, sets up a governing body con-
sisting of members of the Subdivision and also provides for an
Administration Miember. This governing body is to be known as
the Subdivisional Comamittee for the MCine Trool Mlanufac~turing
Paragraplh C, Eff~ective Date, prescribes the effective date of the
Section 1. provides for open price. filing byr the members of the
Section 2 Miinimuml Quantity Standards, provides for a Commit-
tees to ma'ke a study for the standardization and simplification of
the products of the Indust ry
Section 3 mak~es it a violation of the Appendix for any member of
the I~ndulstryT to ship good"s on consignment except under circum-
stances to be dlefined by the Sutxlivisional Committee and approved
by the National Industrial RIecovery Board.
Section. 4, Subsr~;titution, makes it a violation of the Appendix for
any member of the Sulx~li\ision to furnish products of the Subdivi-
sion, more or less expensivce, of better or inferior quality, or of larger
or smaller size than specified,. wcithourt making the proper adjust-
ments in the quoted price and clearly indicating the nature of the
Section 5 makes it a violation of the Appendix for anly member
of the Sub~division to submit a bid or bids for two or more com-
modities (one or more which is a Mine Tool 1Prodluct) in which the
unit price of each commodity is not clearly stated.
Further, nlo member of t~he Subdivision shall nece~pt orders or
contracts for a sale at a lump sum where the coc-ntroc~t does not jspecify
the exact quality, quantity and unit price of the product purchased.
The Deputy Administrator in his final report to thne Board on said
Appendix to said Code having found as herein se~t forth anld on the
basis of all the proceedings in this matter:
]It h~as been found that:
(a) Said Appendix to said Code is well detsigne~d to promote the
policies and purposes of Title I of the National Industrial Recov~ery
Act, including removal of obstructions to the free flow of inlterstate
and foreign commerce which ~tend to diminish thne amount thereof
and will provide for the general w-elfare by promnotingg the organiza-
tion of induxstry- for the purpose of cooperative action amronlg thte
trade groups, by inducing and maintaining united- action of labor
and mnanagement ulnder adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive onpacit~y of- in-
dustries, by avoiding unduze restriction of production (except as mlay
be temporarily required), by increasing the consumption of indus-
trial and agricultural products through mecreasmg purchasing power,
by reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehatbilitating industry.
(b) Said industry normally employs not more than 50,000 ent
ployees; and is niot classified by the NaT~tional Industrial Recovery
Board as a major industry.
(c) The A~ppendix: to said Code as approved complies in all re-
spects with the pertinent provisions of said Title of said Act, includ-
mng wCithout limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an association truly representative of the
afo.ressid IndustryV; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Appendlix to said Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Appendix to said Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
crimninate against them.
(f) Those engaged in other steps of thle economic process hacve not
been. deprived of the right to be heard prior to approval of said
Appendix to said Code.
For these reasons, therefore, this Appendixr of said Code has been
-For the National Industrial Recovery Board:
WT. A. HE-AnRnMAN,
J1Ixt~rar 4, 1935. A iitaieO)cr
CODE AIPPENDIX FiOlR TH3E MIINE T1OOL MAXNUFACTUR-
A BUB3DIVISION OF THIE FABRCATE M\ETAL PRODUCTS MANUFACTURINGC
AN'D MIETAL FINISHING AND) METAL COATING INDUSTRY
Pursuant to S9ection 4 of Artic2e IIV of the Code of Fair Compe-
tition of the Fiabricated Mletal Pro~ducts M~anufacturing and M~etal
Fin ishingp and Mieta Conting I~nd~ustry, as amendled, (the terms of
wh~iich apply to each mnembLer of the Miine~ Tool Subdlivision) the
followilngr provisions are established as an. Appendlix to said Code
of Fair Conxpet.ition of thec Fabricated Mietal Produc~ts Mianufac-
t~uring andl Metanl FIinishingi and Mlet.al Coating Industry for ~the
MZine Tool Subdlivision of that Industry.~bl sbl~inf a le
A. Degnition..-Tlhe tr ieTo udvso sue
heresin, means and includles th~e manufacturle for sale of line tool
products, including coal drilling machines for use by hand power
and repair parts for such. machines; breast augers for handc drilling
or boring in coal or in clay and repair parts for same; coal mnining
picks; coal wedges; coal mine bars for lifting, prying anld breaking
coal; blasting tools either all steel or w~ithl copper t~amplers and/or
scraper~s; coppetr needlles; power augers for electric power drilling
machines; and mine trackb tools such as track aldzes; spike pullers
for mine t~rack spikes and mine track2 gages not cover~ed by lanothr
codte of fair competition.
B. Su;lbdivisio nal7 C~orn~in.ittee. The members of the subdtivision
shall set up a subdivisional committee for the Mine Tool Subdivi-
sion, thereafter referred to as the subdlivision al committee ", con-
sisting of as malny .membercls as may be dletermninedl by andl inl a masn-
ner satisfac~tcory to the `Basic Code Authflority and the National In-
dlust rial Re~overy Board. Thne Nastional TIndustrial Recovery Boardl
may apploint a member of the subdivisional committee who shall be
given reasonable notice of and mnay sit at all m~ee~tings of the sulb-
divisional conunilitetee but wvho shlall be without vote~ and shall rserve
withoutlf expense to th~e subdivision.
C. E~ifecticer Date.-Tllhis Apllpendlix shall become effective ten
(10) days after its approval by the Nationlal Industrial Recovery
Ay Member of the subd-ivision who directly or in directly
through any officer, employee, agent, or representative violates or
evades any of the followilngr trade practice provisions shall be guilty
of violation of this Code.
SECTION 1. Open Price Filing.-(a) Each member of the subdi-
vision shall file with a confid~ential andl disinterested agent of the
subdivisional committee or, if none, then with such an agent desig-
nated by the National Industrial Recovery Board, idelrntifiedl lists of
al of his prices, discounts, rebates, allowances,; and all other terms
or conditions of sale, hiereinafter in this article referred to as "L price
terms ", which lists shall completely and accurately conform to and
represent the individual pricing practices of said member. Such lists
shall contain ther price terms for all such standard products of the
subdivision as are sold or offered for sale by said member and for
such non-st~anda~rd products of said member as shall be designated
by the: subdivisional committee. Said price terms shall inl the first
instance be filed within twenty (20) days after the date of approval
of this provision. 1Price terms and revised price terms shall become
effective immediately upon receipt thereof b6y said agent. Immedi-
It~ely upon receipt thereof, said agent shall by telegraph or other
equally prompt means notify said member of the time of such receipt.
Such lists and revisions, together with the effective timne thereof shall
upon receipt be immediately and simultaneously distributed to all
members of the subdivision and to all of their customers wriho havce
applied therefore and have offered to defray the cost actually incurred
by the subdivisional committee in the preparations and distribution
thereof anld be available for inspection by any of their customers at
the office of such agent. Said lists or revisions or an~y part thereof
shall- not be made available to any persons until released to all memb-
berss of the subdivision and their customers, as aforesaid; provided,
that prices filed in the first instance shall not be released until the
expiration of the aforesaid twenty ~(20) day period after the approval
of this Appendix. The subdivisional committee shall maintain a
permanent file of all price terms filed as herein provided, and shall
not destroy any part of such records except upon written consent of
th~e National Industrial Recovery Board. Upon request the sub-
divisional commttee shall furnish to the National Industrial Recov-
ery Board or any duly designated agent of the National I~ndustrial
Recovery Board copies of any such lists or revcisions of price terms,
(b) When any member of the subdivision has filed any revision,
such member shall not file a higher price wccithin forty-eight (48)
(c) No member of the subdivisionl shall sell or offer to sell. any
products of the subdivision for which price terms have been filed
pursuant to the foregoing provisions, except in accordance with
such price terms.
(d) NP3o member of th~e subdivision shall center into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the subdivision
to change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of thne free and
open market which it is the purpose of this provision to create.
SCECTION 2. .Y/H~illZZum.2 Quality Stalndards.-Tihe subdivisional com~-
.mittee shall appoint within sixty (60) days after the effective date,
a committee, consisting of three (3) members wr~ho shall manke a
study for the standardization and simplificattion of products in this
subdivision, the elimination of unneceissa ry or infrequently demanded
sizes or types of this subdlivision's products in coo~er~ationI with the
Bureau of Standards and Bureauz of Mines of the U7nited Statiets
UNIVERSITY OF FLORIDA
IIII1l11lllilll| 1 llIIIIIII lll |||IIII IIIIll Il||||
6 3 1262 08856 1054
Department of Commerce. wTith the view to making recommenda-
tions for their adoption by the subdivision.
This committee shall rendler a report to the subdivisional com-
mittee writhinl six (6) months of its ap~pointm~ent and shall attempt
to complete its study of the foregoing suggestions within a period
prior to the expiration of the National Industrial Recovery Act.
Such recommendations of thre subdivisional committee, when ap-
proved by two-thirds vote of the members of the subdivision and
approved by the National Industrial Recovery~ Board, shall become
the standards for such products of the subdivision, and shall become
effective sixty (60) days after such approval. Thereafter, all mem-
biers of the subdivision shall followt in the manufacture of such prod-
ucts, such standards of manufacture and failure to follow such
standards set up by th~e subdivisional committ.ee and so approved by
the members of the subdivision and the Niational Industrial Recovery
Board shall ber deemed an unfair method of comlpetitionl and at viola-
tion of this Alppendix. The N~ational Indust~rial Recovery Board
mnay) at the time of approval of said standards, or thereafter, permit
the manufacture and sale of non-standardl products of the subdi-
-tision, if a~ny, subjclt, ton such labeingr requirements as the National
Industrial Recovery Board may prescribe.
SECTroN 3. Belling on Con~s~ignmrienit.--No member of the subdi-
rision shall, from and after the etrective date of this Appendix sell
or offer to sell any products of the subdivision on consignment, except
under circumstances to be defined by the subdivisional committee
andl approved by the Na~itional Indlustral :Recovery Board where pe-
c~uliar circumstances of the subdiv-ision require the practice.
SE~Orll 4. Su~bstitution. -No member of the subdivision shall fur-
nish products of the subdivision mnore or less expensive, of better or
inferior quality, or of larger or smaller size than specified without
makinga the proper adjustments in the quoted price and clearly indi-
catingr the nature of the substitution.
SECTION 5. Lowmp Sum, Bids anzd Co0rstractsr.-No member of the
subdivision shall submit a bid or bids for two or more commodities
(one, or more of which is a M~ine~ Tool product) in which the unit
price of each conunodlity is not clearly stated. No member of the
subdivision shall accept orders or contracts for sale at a lump sum
where the contract does not specify the exact quality, quantity and
unit price of t~he product purchased.
Approved Code No. 84----Appendix N~o. 4.
Registry No. 1149-18S.