Forsale by he Superimcnde~ntofl~ocuments. WashingtonD.O. .. .. PriceeScents
Approved Code No. 84--Appendix No. 7
Registry No. 1122--23
NATCIONFAL RECOVERY ADMP)IN~ISTRA TION~
1MET`AL SAFETY TREAD
(A Subdivision of the Fabricated Metal Products
Manufacturing and IMetal Finishing and
Metal Coating Industry)
AS APPROVED) ON FEBRUARY 15, 1935
WE DO OUR PART
GOV'ERNMIENT PRIN'TING OFFICE
This publication is for sale by the Superintenldent of Documents, G~overnment
Printing Office, Washington, D). C., and by district offices of the Bureau of
Foreign and Domuestic Commerce.
DISTRICT OFFICES OF THIE D)EPARTBIENT OF COMMERCE
Atlanta, Ga.: 504 Post O~ffice Building.
B~irmintghamu, Ala.: 257 Federal Building.
Boston, M~ass.: 1801 Customuhouse.
Buffalo, N. Y.: Chamber of Comlmerce Building.
Charleston, 8. C.: Chamlber of Comzmerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Comlmere.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 8101 First National Bank Building.
H-ouston, TCex.: Chamber of Commerce Building.
Indianupolis, Ind.: Chamber of Commerce Building.
Jacksonville, F'la.: Chamber of C'ommerce Building.
Kansas City, Mo.: 1028 Baltimnore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
~Memphis, Tenn.: 229 Federal Building.
Mlinneapolis, MClinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsbulrgh, Pa.: Chamber of Commerce Building."
Portland. Oreg.,: 215 N~ew Post Office Building.
St. Louis, Mo.: 50)6 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle. Wa~sh.: 800n Federal Office Building.
Approved Code N~o. 84--ppendix No. 7
METALAl SAETYI~ T~REAhD MANPIUFACT1~U~RIN~G
As .Applroved on. February 15, 1935
AJrenonsor APPEX'NTDIX FOiR THTE nlET.1L, SAFETY TREAD R1.1NUF"AC.TURINGD
~A S`L'HDIVISION\ OF THE: FABRICA.-TEDI METAL PRODUTCTS MAN~UFACTURING
ANID METAL FINISHING: AND McETAL COATING INDSL)THYT
An application having been duly made pursuant to and in full
compliance within the provisions of Title I of the National Industrial
ReCoverJ\CY Act, approv,\ed- June 16i, 1933, and in accordance wmith the
pro"visions of Section 4 of Article IV of the Code of ]Fair Comr-
p'etition for the Fabricated Mectal Products Manullfac~turling and
>fe~tal ]Finishingr and Metal Coatinga Industry, approvedc~c Novemlber
2, 1933, as amended? for approval of an Appendix estab.lish~ing trade
practice provisions for the MIetal Siafety Treadl Manufac~turingl Sub-
division of said Industryv, and N;otice of Opportunity to be Heard
h~avcing been givern to all interested parties, and objections received
thiereon having been satisfiedl, and the annexed report on said Ap-
p~endlix to said Codel containing findings withr re-pect thereto, having
been made and dlirctedl to the President.
NOWt TH-EREFORE, on behalf of the Pr~esident of the Unlitedl
States, thec Nationial Indus~trial Recovery Bfoard, pur inant to au-
thoc~rityc vest-ed in it bt'y Ex~ecutive Ordleis of the President, including~
Ex~cutive Ordter N\o. 685i9, dlatedl Septemlber 27, 1:134, and oltherw\\ise;
tloes hereltby incorporate by refer~en'ce said annexed report and does
findtl thiat s~aidi Appendtix to said Codle compllies in all re pe~lc~ts with
thle perltinent provisions andi wrill promote the policy andlc purposes
of sarid Title of said Act: and does hereby1~3 oIlrder that said Appendix
of said Codle of Fa'ir Clompietitioni be and it is her~eby3 approvTed.
NAzTIONALr T~inDC;r~. lTINA RECOVEI\RY II3RD.\H
Byv W. A T. Ir H r.inn ., Admin istrative~l Oiffic-r.
JonxI W.~ Urr.'
A cting~ DiviSio?%ntrl, Adiist;ratror
WITISruxorox. D. C.
Feb7)-ruary) 15, f1935.
115652 0-1603-6-35 (11
REPORT TO THE PRESIDENT
ThTe White House.
SmR: This is a report on an Appendix to the Code of Fair Compe-
tition for the Fiabricated Mectal Pr~oducts M~anufacturingf and Me~ctal
Finishing and Mietal Coating Industry, approved on Novemb~er 2,
1933, and. as amended on June 1, 1934.
The Meta~l Safetyr Tread Manufactl~c u ring Indu-rltry, being truly
repr!esentative-v of this Subdivision of the Fabricated M~etal Products
Manufacturing and Mletal Finishing and M~ctall Coating Indusltry,
hasn elcrted' ton a~vil itself of the optionn of operastingr under the Code
for the Fabricated Metat~l Products Manufacturing and M~etal Fiinish-
ing and Mectall Coating IndustryT, as amended on Juxne 1, 1934, with
the assistance of additional fair trade practice provisions.
RIsUMu OF THE APPENDIX
Paragraph A, Definition, accurately defines the term M~etal
Safety Tread Manufacturing Subdivision."
Paragraph B, Governing Btody, sets up a governing body consist-
ing of members of the Subdivision to be known as the Subdivisional
Committee for the Metal Safety Tread Mifanufacturinga Subdivision.
Paragraph C, Ef~fective D~ate, prescribes the effective date of the
ASect~nio1 provides for open price filing.
The Acting Deputy Administrator in his final report to the BoardT
on said Appendix to said Code having found as herein set forth and
on the-basis o~f all the proceedings in this matter:
It has been found that:
(a) Said Appe~ndix to said Codle is well designedi to promlote the
policies and purposes~t of Title I of the National Indulstrial R~c,\covery
Act, including removal of obstructions to the free flow o~f inlterstate
and foreign commellr~c which tend to dimiinish the amount thereof
and will provide for the general welfare by priomiotingS th.e orgraniza-
tion of inldustr~y for, thle purpose of coolPerative action am11ongr thle
trade groups, by inducing and maintain~ unlited' action of labor
884~ Irrl Ilgolello~llt HI1(10Y Rdl~llflldi~5~e gOYPTUrltlu iniRctions and superi-
vis10n, by elminail~ting unfair mmpei l"t it ive praclr t i(13s?, y promo I( ting~r the
fullest possible utilization of the pre~-!'nt p~frouc1ItiVe capacity of in-
dustries, by avoiding undue res-triction of production exceptt as mlay
be temporarily required), by inlcrea-ing~ thre consumption of in.1nsl-:
trial and agr~i curlt ur Ial prodcllcts thlrocugr h 11(Ii m-n-- p ~~urch asin plr ower,
labor, and by\ otherwise reha~bilitatvlng inrusitr~y.
(b) Paiid indurstry normlallyc emplor~. s not mor~ie thaun 50,000 emi-
playee.4'; andi is not classified byv mle als a majorl ind~str~y.
(c) The Ap~pendcix to sazid C'ode as applroved complies in all r~e-
spc.t. w\~ithl thle pcr~tinent pr~ovisionsi of said Tritle of -;il ACt! incluld-
mng wFithout limitation Subt-ection (a) of Sect~ionr 3, Subsectio n (a2) o~f
Section "7 and Sub a~c. tionl (b) of Section 10 tin-o'r'lf; anld thiat thle
applicant n.--w~inition is an a ne,:inition trulyt representative of the
afore a~;il Indutlrycl); and that ~aid association imploses no inequitable
re\tr~ic~tion s on admission to mem~llbership therein:
(d) The ASppoendix to said- Codle is not Ile-igned to andlt will not
permit monopohies or monopohsctic practices.
(e) The. Appendlix to said Codle is not de~~-igned to and will not
eliminate or oppress small enterprises and wvill not; opecrate to dlis-
crim~inate against thnem.
(f) T'hose engraged. in other stepys of thle economic process have not
been. deprived of the right to be hear~d prior to approval of said
Aippendlix to .said Code.
Fior these reasons, therefore, this A-1ppcndlix of said C'ode has been
Fior the KNtional Industr~ial RtecoveryS Boardl:
Wii. A, -. rHranuos,
FEBRUARY 15~, 19335. rr'ktatr fic
CODE APPENDIX FOR TH--E METAL SAFE~iTY TREAD
MA_1NUAEIICT URlING; SUBDIVISIONa
Ah Svlnnr\rusio OF TH-E FABR\TI:CATED) ATETAL PRonUC?`s MaXwUF IcT UmL
AND EATETAL EINISHiING AZND) RETAL COASTING INDUSTRY
Pursuant to Section 4 of Article IV of the Code of Fair Comnpeti-
tion of the Fabricated Mletal Prodlucts M~anuforcturling and Mectal
Finihingiri, and Me~tal Coating Indulstr~y, as amlenledl, (the terms of
which apply to achI memblll er of thle MeItal Safety T'r~ead Manullfus-'turl-
ingr Subdivision) thle following provisionss ar~e established as anl A-t~P
p~endix to said Code of Fair Competition of the Fabricated Me~ta~l
Produ~ct~s Manu~facturing~ and Meltal Finishingf and Jfetal Coanting
Industry for the M~etal Safety Trcend~ Manullfneturlling Subdlivision of
A. Defuitiio,.--The terml Mletal Safetyr Treadl Maltnufactur~ing
Sutbdivisionl ") means anld includes the mianufactur~e for sale of Metal
Safety Tre~~ad containing~r either leadl or abratsive to provide anti-
B3. ~Subd~'ivisio alru Commnifttee.--(1) Memberll~ls of thle subdivision
shall set up' a grovern"ing body~ which shall be knlown as the Subdi~vi-
sional C'onuniittee anid shall consist of six members of the subdi-
v-ision, four of whomn shall be memiiber~s of thle Me~tal Safety Tr'1ead
Association electedl by membersn1'- Of that association, one of whoml shall
be a1 non-miemberi of the said association elected by non-mnembers of
the assc.iation, and oner of wYhoml m~y be either a member or non-
mlember of the association who shatll b~e elected at large byr all mem-
bers of th-e subdivision.
(2) The mtiember~s of thle Subd~ivisio~nal Conunlitte ee shall be elected
in a mannecr to be app~rovedc by the B2asic Codle A~ithority and the
National Industrial Rlecover~y Board. The National Indll trial Re-
c~overy Boardc may appol" in't a mlflllembe of the Subdlivisional Comnmit-
tee wvho shall be givecn reasonable, notice of and ialy sit at all meet-
ingrs of the Subdivisional Conuniittee but who shall be without \nto
and shall serve w~ithiout exp~ense to, the Subd~ivision.
(3) Th'le Subd!ivisional Conuiiiittee shall halve such pow-ers and
duties to adminillster any of thle prvovision, s of thle Basic Code and thnis
Appen'dix within this :iSubdivi\ionl as~ may be dielegated to it by the
Cj. E~fe~%Lctiv Dalte.--This Appcndiix shall becomlle effecti\ e tenl (10)
dlaYs after its appIr~oval by thle Nation~al Industriail Recov-~y Bolrdl.
SEC(TIONS 1. Openl Pri'Ce Filin~.--(a) E~achl m1~llembe of thle sub-1
division shall file withl a confidential and d~isinterecstedl agent of the
subdivisionlal canunittee or, if nonle, then w\ith such an aIgcent, des-
iginated' by thle Nationl n1 tI rb t rinl Re~covery Board, identified
lists of aill of his pr~icesl, dliscountlls, r~eh~ats, al.,vrlwnccs, an-d all
other terms or co~nlitions- of sale,. hereinaftc er in this article re-
ferred~~c to as "' pr1ice terms "', which. lists c:hall1 comnpletetlyv andX accu~-
rately conrformll to and recpre a~lt the indlividfual pric~ing~ practices
of said Iiuc~inher. Suchl lists shall contain thet price t;rmis for all
suchr standar~l~ d prroanelts of the subdivision as aire .,00I1 or offered
for sale by said membellr~ and for such non-standard produ~licts of
saidt memberlc~ as shall be do ,igna;tedt by the sulblivisionlal cocnunit~tt~ee
Said price termlls shall in the first ilrtance~ be filed within twenty
(20) days'~ after thle date of approval of this provision. Price twinllls
and revisedl price twinsll shall bcomeii effective inanedC~iatlf'y upon)l
rceC.ipt thereo~cf by snir ag~ent. Immlledia te~ly_ upon~r rcccip~t thereof,
saidr agent shanll byv te~lgcraph'l or other equally prompt mleans noti-
fy saidl un-mrlber of the time of such receipt. Such lists and revi-
sons,l togerth~er with the effcctivec time! there~of shall upon receipt
be inanlediat~ely~ and simultaneously distributed to all mlember~s of thle
subdlivision and to all of their customers wnho have applied there~c-
for andlt have offered to dlef ray the cost actually inlcurred''C by the
sulbtivisiolnal conulnitttee in the preparation and distribution thetre-
of and be available for inspection bly any of thleir cus~tomers~l at the
offce of such agrlnt. Said lists or rev~\isionsl or any~ part thereof
shalll not be made available to any persons until retlen edl to all
members of the .subdcivision and their customers, as aforesaid; pro-
vidled, that prices filed in the first inrtan~e shall not be released
until the expiraztion of the aforesaid twenty (20) day p~eriod~ after
the approval of this App~endlix. The Subdivisional Coininittee~ shall
mal~intain a perml~anent file of all price terms filed as herein pro-
vided, and shall11 not destroy any part of such records except upon'
written conlsent of the National Industrial 1Recovery Board. po
request the Subdivisional Commnittee shall furnish to the N'ationazl
Inlustr~ial Recovery Board or any duly dlesignalted agent of the
National Industr~ial 1Recovery B3oard copies of any such lists or
rIevisions of pr~ice te~rmls.
(b) W~hen any memllber of the subdivision has filed any~ revi.-ion,l
suchn mlemlber shall nrot file a higher price within forty-elight (48)
(c) N'o member of the subdivision shall sell or offer to sell anly
products of the subli~vision, for whichn price terms have been filed
pursuantI11 to the foregoic~ng provisions. except~, in tlc~~nelcrdac with
sulch price terms.
(d) No memberlc~I of the subdivisionl shall enter into any agree-
menrrt, undel~t llti~r tandng ebiniation or c~onsp:ir~acy to fix or maintain
price terms1!. nor cause or aItte~mpt to cause~t any mIe~mber1 of th~e sub-
divisionr to chalnge his price termsll by the use of intimidation, coer-
exon, or any other influence in~con idetnt with the mallinltenanI~ce of the
free and oplenl marke'~tt which it is the purpose~ e of this p1rovision to
AlIIIrovedCI Code No. R4~-Appendixili No. 7.
Retgist ry Nol. 1122-L';.
II I1111111 I 111111llili II 11111 I I 111 l