NATIONAL RECOVERY ADIMINISTRATI
For sale by he Superintendent of Documents. Washingion, D.C. - Price 5 cents
Approved Code No. 84--Supplement No. 28
Registry No. 1135--21
CODIE O9F FAIRe COM~PETITION~
WE DO OUR PART
UNIV. OF FL LIB.
Ul.S. DEPO31TOq. UNI'E"D STATES
YO Whb~i~ jT PRINTING OFFICE
METAL COATING INDUSTRY
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and M~etal Coating Industry)
AS APPROVED ON RIlAY 17, 1934
This publication is for sale by the Superiatntlendt of D~cuments, Gover~nment
Printing COfice, Wanshingon, ,D.C`., andl by district offices of the Bureau of
Foreign anld Domelstic Clnuorirce.
DISTRICT OFFICES OF THIE DEPARTM\ENT OF COMMERCE
Atlantal. Ga.: 50-1 Post Officie Building.
B3irminighamu. Ala.: 257 Fedleral Uuildingi.
Bos;tonl, Mass. : 1601 Customnhouse.
Buffalo, N.Y.: Chambler o~f Commerce Building.
'' Charleston,. S.C.: Chamiiber of Commerce Buildling.
Chicago, Ill. : Suite 1706, '201 Nocrthl Wells Street.
Clevelandi, Ohio: Chambe~r of Commerce.
Datllas. Texs.: C'hamber of Commluerce Buildling.
Detroit, Ililch.: 80)1 Firs~t Natiional Enuk; Buildling.
Houstoni, Tex.: Chambejr of CommlerceP Building.
IJuinnapolis, lud.; chamber of Comimerce~ Building.
Jacksonville, Fin.: Chambe~r of Commer'ce Building.
KCansas City, RIlo.: 102S Baltimor~e Avenue.
Ltos Anger~les, Calif.: 1163l South~l B1nroadwy.
Louisvrille, Ky.': 4108 Federal1 Building.
Mempilhis. Tenn. : 220: Federal B~uilding.
Mlinneapo:lis, M~inn.: 213 F'ederal Building.
N~ew Orleans, La.: Room 225-A, Customhouse.
Newv Yorkr. N.Y.: 7:34 Cu~stombouse.
Norfolk, Va.:: 400 East Plume Street.
Phiiladelpihin, Pa.: 4122 Conulnerciall Trust Buildinlg.
Pittsburgh, Pa.: Chamiber of Commerce Building.
Portlalnd, O~'reg.: 215 NewT Post Office Building.
St. LouiP. Mio.: 500 Olive Street.
San Francisco, Calif.: 310 Custtombouse.
r, Senttle, Wa1sh.: 800 Federal Offce Buildling.
Approved Code No. 84--Supplemecnt No. 28
SUPPL~~EM NTARY COD]E OF FATE1I COMn~PETJ~ITION
JOPB GAFLVANI$~~Z INGd~ ? BETi@~eAL COATE~INGl~Q INDUIBSTRY~
As Appr-~oved on MSay 17, 1934"-
Arenovise~r SursrPIErFexx.\ in CoorI or FAIR CIOMPFI1'TITION FOR 1THE; OB1
GALVAN;rIZING LTArTL COATING IN~DUSTR:Y
A Dj\?cIONIN OF" THIE FABRICAZTED HETAL PRODUJIC~TS MANUFAC~TL1UNG( AND
METAL FIINI4HING; AND METAL C(,ATINhG INDUSTRY
~An application having been duly mad~re pursunn~llt to andl in full
comnpliance with thne provisio~ni of TIIitle I of the National Industrial
Recovery Act, app]roved~ June 16, 1933, aInd in n::lccrdatnce with
the p,~\irovisions of Section 1. of Arhticle VI of the Basic Code for
the Fabrien~tedl Meital ]Products Manul~fiach~lr~ing and Mel(tal Finishing
andMetl Catig Idusryapproved Novemberi 2, 11033, for ap-
provl hkn ofatn Suplmnditaryode of Fair Competition for the Job
Galvanizingt M~etall Conrrtingv Indulstry, and hearing having been duly
held thereon: and the unnexed~~ report on said Supplementary Code,
corntaining find~ings w\rith. resplec~t th~eret~o, having been nurdo~3 anld
direc~tedl to the 1President:
NIOW1h~ THEREFORE, on. behalf of thne Presidlent of thle U7nitetd
States, I:, Hug~h S. Johnso~cn, Aidmninistraltor for Industrial R~covrltly,
pursunnt to authority vested in me by Execurtivc O~rdler of the
President, including Executive Order No. 6543-ALl, dated Dec~tllembe
30), 1:3:3, and otherw\iise; do hereby in~orpl-orate by re~ferenc.e said
annexed report and do find that said Supp~l~llementary Codet complies
in all res~ec~ts wit~h the pertinenit p~roisions and wiill promote thne
policy and p~urpo"ses of said Title of said Act; and do h~~ereby order~
that said Supplemnentary Code of Fair Compleitition be and it is
hereby approved: provided, however, that the p~rovisio~ns of Article
V'II! Paragraph (a~) insofar as they prescribe a waiting period~
between thne filing with the Code Aiuthority (or such agency as ma2y
be dlesignatedl in the Co~de) and the effective date of price lists, as
originallyr filed and/or revised price lists or revisedl terms andt
conditions of sale, be and they hereby are stayed pending myT further
HUou S. JOINuse,N
Admin/istrartor for ITnd~ustrial Recovery.
Approval recomnmended :
A. R. GLANcT,
5965P~ M4 4-03 34 il l
REPORT TO THE PRESIDENT
TheL Whf/lite House.
SmR: This is a report on th~e Supplemt~entary! Code of Fair Compe-
titionl for the Job GalvaniizineC MIetal Coating~ Industry, a division
of the Fabricated Mertal Pr~oduretss Mnufneturi ng a7nd M~etal Finish-
ing and Metal Co~nting Indlustry?, the h~earing shaving been condullctedl
thiereon in Wanshingrton, D.C.. Ferbruary 2, 19,34., in necor~dance w-ith
the provisions of Title I of th~e Njatio~nal Inlustr~ial Reccovery Act.
GETNER \L, S?.TATEENT
The Jo~b Ganlvaniz ing Meital Colnting Imlustry, being tr~uly repre~-
senta~tive of this d~ivision of the Fablrica~ted Metael Prod~tuctr Mfanu-
facturing( andc' Mectal Finishing and(: Mletal Coating Indul~stry, has
E~lec'ted to avail itself of the option of sulbmitting a Sup~plmentary~r
%Code of F~air Comipetition, as prov,\ided for in Section 1 of ~Article
VI -of the Bas~ic~ Code, forr the- Fnbr~ientedl Metal Products Maniu-
fnc-turingv and Meta~l Finishing, and~ MIetal Coating Indulstry~ appr~oved
by, y~ou on the secl:ondl day of Novem~liber, 1933.
PnJSonI~ .1' THE C'ODEI
Article I sta~tej t~he purpose"~ of the! Supplemeintary~ Codelt.
Article II: accurlately dlefines specific termsln emloyl~~e d in thle
Suplemlt llent ary Codet.
Article III: This Indlustry it; n tlivisioni of th~e Fabricated Mfetal
Products Manullfacturing and~ M~etal F~inishing and Mletal Coatine
Indusltry andn thre labor provisions~ of its Basriic Code, as apprloei
Novemberl 2, 1933, are thie labocr provisions of this S~;uppl'tenwntary
Article IV establishles a Supplemnenturyg Code Au~thority consist-
ing of: seven (7) mem~lbers to be elected by the mem~lbers of t~he Indus-
try' at a mee~itmgcalled b t~he Temnpor~ary~ Supplementaryr C~ode
Clolnuniittee, nd gives the Admninistrator thle AUt~hority to 2lappoint
one adlditionlall membter without vlote and p~rovid~es mnach~inery for
obtaining statistics and the administration of the Supplementary
AIr~ticle V; plrovides for an necoulnting systeml alndl methlods of cost
finding and~/or estimnatingr.
Article VI pr1ovides for deterrmining the low~est reasonalble costs
of the products of this Indulstryg.
Article VII pro-vides for metthods-1 of setting up and Irevisingi p-ric~e
Article! VIII sets forth the unfair trade practice; of thit; Supple--
mnentary Code which has been esp~ecially designed to offse~t unfair
competition in this division of the Indurstr~y.
Article IX providles again ~t monopolies and monopolistic prnc~ticets.
Article X contains the mandI~taltry provisions contained in. Sec-
tion 1_0 (b) and also provides for the submission of pro~po"sd. amend-
.ments to the SupplemnentaryT Codet.
Artic~let XI recog~nizes that price incIron es be limited to actual
addlitiolnnI ine~l/r~~ ss in thle se~ller's costs.
Article ~XII states the effective date and duration of this Sup~ple-
The Deputy Administrator in hris final report to mle on said
Supplementary Codte hav\ing~ found as herein set forth and on the
basis of all the prcectedinigs in this matter:
I Hirid that:
(a) Said Supplementary Code is well designed to promote thre
policies and purposes-~2 of TCitle I of the National Indusltr~ial Recovery
Act, including removal of obstructions to the free flowsc of inters~tate
and for~eignl commerce which tend to diminish the' amount thlereoc-f
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action. of labor
and ma-nagement under~l adequate governmental sanctions and super-
vision, by elimlinatinlg unfair compe~rt it i v practices, by promoting the
fullest possible utilization of the present productive capacity of in-
dustr~ies, 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 improv-ing
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
playees; and is not classifiedt by me as a major industry.
(c) T'he Supplem'entury3 Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof ; and that the
applicant group is an industrial group truly repr~esentative of the
aforesaid Indus~try; and- that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Supplementary Code is not designed to and will not
permit mnopolies11r or monopolistic practices.
(e) The Supplemnentary Code is not designed to anld will not
elimninate or oppress small enterprises and will not operate to dis-
cr~imrinate agrainst 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
Fior these reasons, therefore, I have approved this Supp~lementary
HuncB S. JoHNson,
A d, m ini ist rat or.
MAY 7 17 1934.
SUJPPLElllENTARY CODE OF FIAIR COMfPETITION FOR
T~HE JOB G~ALVANIZINTG METAL COATINGr INDUSTRY'
A DIV'ISION OF THE: FABRIICATED METAL PRODUCTS MA~NUFAC'TURING; AND
MEITAL FINISH-ING AND METAL COATIG INDUSTRY
TIo cffec~tunte the policy of Title I of thle National Indurstr~ial Re-
covery Act, the followsing provisions are established as a Supple-
nientanry Code of ]Fair Comipetition for the Job Gralvanizing Mfetal
Coating I~ndustr~y, pursunlnt to Article VIZ of the Basic Code of Fair
Compe)'ttitin for' the Fabricatel Metal Products M~anufacturing and
Metal FIiinishing andl Metal Coating Indus~tr~y app~rovedcc by th~e Presi-
dent of the United Sta~tes on the second da~y of Novembnler, 1933, and
thle prov~isions of this SupplemlentaryS Code 51hall be the standard of
fair competition for the Job Gralvanizing M~etal Coating Industry
andl shall b.e bindlcing upon every3 mermber thereof.
The term Job Galvainizing nIltal Co~ntingr Industry !'. hereafter
referred to as the Indus~try, i~si definled- to mean the mnanu~facture for
sale of Gazlvannizing, wrhich~ is t~he art of hoct-dtip galvaonizingY of iron
and steel and which coc.nsists of pinc~iing a zine coating on the base
mnetal by pjnesinv it thr'oughl a bath of moc-lten zinec at the pr~oper temn-
perature after th7e article hnys been placed in a suitable condition for
coating by preliminaryy op~eration of cleaningr a1nd picking; it does
no~t mean or include the selling of coatedl or galvaniizedl products.
Thle term "' employeeF "" as u~sedl herein includes anyn!le engaged in
t~he. Industry inr any~~l a pa ci ty receivi ng com pe nsat ion for h~is services,
irrespective ofte natRfle or mIlethodl of payment of such
comlpensa t ion,.
The term Emplloler as used herein includes anyone by wvhomi
anly suchl employee is comnpensated or employed.
The term "C member of the Industry "' as ulsed herein includes but.
wTithourt limitation any indlividual, partnership, association, corpora-
tion or other formn of enterprise engagred in. the Industry either
as an employer or on his own or its own behalf.
T~he terms "C Presidlent '", "A~ct "), and "'Admlinistrator "' as used
herein shall mearn respectively the President of t~he United Stat~es;
Title I of the National Indust~rial ~Recovery Act, and t~he
Admllinistr~ator for I~ndustrial Recovery under Title I of said Alct.
The term Basic Code ", as used h~erein, is defined to mnean the
Basic Code of Fanir Competition for the Fabricated M~etal Products
Manufacturing and MI~etal Finishing and M~etal C'oatingr Industry,
as approved~c bly the 1Presidetnt on the 2nd day of N~ovember, 1933.
The term. Supp~lemnenttary Code Authority as used here~tinl means
thie agenlcy which is to aIdminiister this Supp~lt~iementury Codet as
The1C termn "Association as us~el herein, is defined to mean the
NationaI Galvanizers5 Association~ or its suc~ces~cor.
TheC term Supplemnentary Code CommHittee is def~ibed~c to mlean1
thle Ex~crutive Commriittee of the As c~ciatio~n.
The tenall Secretary is defined to maean the Secretary of the
Suppl'TIe n entury Code Authiority.
The term "Assjenting member of thle Industry '" as usedc- herein is
deltfine~d to melanl any member of the industry who has assetelt d to
thlis Supplementary Code by signing and delivering to the Secretary
a letter substantially in the form set forth in schedule "'A." Nothin~g
in such -chedurlec "A" sh~ouldl be c~onst!rued~ to resltr~ict t~he right of any
membenlrl to etxpr~ess his adherlence to-, or partic~ipationl in, the Code
in any otheri alpproprlialte' mannerltI.
The termI~ Fedleration as used herein is definedl to mean the
Fanbric~atedl Metal Products Fedleration or its successor.
AnucLE III--E.1IP'LOYMDENT PROVISIONS
This industry is a division of the Fabricated Metal Prodlc~ts
Malnulf~c~turing~, and Mletal Finishing and M~etal Coating Industry
and without limlitation the waget, hour and labor provisions in Article
III: of its B3asic Code as approved byr the Pr~eside~nt, November
2, 1933, including Sectionl I of said Article III, by whvlich the pro-
visions of sub~sectionr (1), (2) and (3) of Section. 7 (a) of Title I
of the Act are made condiitions of this code, are spec~ifiely incor-
porated herein and mlade a par1t hereof as the wage, hour and labor
provisions of this Supplemnentury Code.
ABRTrersE IV--ORGANIZATION AND ADMINISTRATION
S~ECTIoN 1. During the per~iod~ not to exceed sixty (60) days fol-
lowingb thze effective date, the Supplemnentary Code Conunilttee of the
Industry shall constitute a temporary Su~pplementary Code Author-
ity until the Supplementary Code Autho~c.rilty is elected. There shall
be constituted within the sixty-la~y period a Suppleme~t ntury Code
Authority consisting of seven (7) members to be elected by the mem-
bers of th~e Industry, at a mneetmng called by the Temporary Supple-
mentar~y Code Authority, upon ten days' notice sent by registered
mlail to all known memb~ers of the Industry, who may vote either in
person or by proxy. The members of the Supplementary Code
Authority first elected shall serve until the following annual meeting
of thle Association, and thereafter, members of the Sup~plementaryy
Code Authlorityr shall be elected at the time, of each annual meetings
of t.he Association to serve until the following annual mneetin~g. The
members of thne Sup~plementary Code Authority shall be elected in
the following manner:
(a) One mlember wrho shall be a memrber of the Industry by
majority vote of all membei-s of the Industry present, in person or
by proxy, each member to have one vote.
(b) Tw'o members who are not members of the Association to be
selected andl electedl by a mnajor~ity vote of the non-members of the
Assoelatoion, present, m perion or by proxy, eac~h member to have
(c) Fou~r memnberis by fifty-one percent vote of members of the
Associ ation, pr1esient, in per~son or by- proxy: we~igrht.ed~ on thle basis
of one vote for ecnch m1PI':embe andl one addiltional vot.e for each fivle
thioua~fnl dollars' ($5,000) of annual salesi in the previous calendar
year repo:rtl'CI to the temp~crary! Supplemlen~tltary Code Authority;
provu'iledl however, that no one nemlber may~ cast. mor~e than 331..r
p~''ercet of to~tld numlber of votes cast.
A vaca';ncyS in t~he memllberShipi of the Sjupptleme"ntoy Codle Au-
th~ority mnay be tilledl byT a m~ajority vote of thre remnaining mnembers
of the (upp~lemeltntary Code.7 Aulthority,. such v.ote .cshall be onl a basis
so n- to manintnin the recpresernntaio~1n~ as t. forth, i~n Sjectioni 11 Sub-
Sections~ (a), (b) and (c) of thiis Arltile. Providled, how-ever, thst
the r~ight to vorte as set. fourth abo~ive shafll be subject to the recom-
mendacl~tions plrovidedr in Se~ction 4 of tiis Ar~tic~le.
In azddition thereto the Adminlsiis~trator may\ appioint a memberlt'l of
the SuIEpp~lementne IS dCod Aulthor~ity' wh1o without vote shall serve
without expen'l~r to the Industry, unlessc~ the Supplelmeilntay Code
A1Ithor:ty ngees t~o pay73 such expcn es~. The retpre entativev wnho may
het opp'ointed~ by- the Admlinist rato-r shlall be givenn reasonable notice
ofP all meetinlgs andi may sit sat all meertings of the Supplementary
SECTION 2. Any Ass~iociation, 1 direcctly or indlirectly~ pa~t~icipatingi
in thep se~lection or activities of -the Supplemecnta ryv Code Authority
shall (1) impose no inequiitable restrictionss on membership, and (2)
submnit to the Admtrlinistr~at or true~i cop~ies of its At~icles of Associat-
tion, BLy-Laws, Regula~tions and any' amendmentcns when made thereto,
together with rluch other information as to memb~ership,, organization,
and nectivitie~s as the Adcminis;tratoclnr my deem necessary9 to effectuate
the purposes'' of the Act.
SECTIOTCN 8j. Iln onrler thabt the Supllpl~nementary Code Authority shaill,
ate all times, he trully representatives of thet Indlustry and in other
respects comply w~ith the prov~\isions of thle Act, the Administrator
may pr~escribe such Hea7rings as he may reasonarbly deem proper; and,
therenfter, if he shall find that the. Supplem'entary Codle Aluthority
is not tru~lg r~epresentative or dones not in other resp~ects comply with
the prov\isionss of thre Act., may require. the removanl of any or all of
th~e members thereof aiclnd ay manke appropriate mlodification or
mnodifications in the m~ethod~ of selection of the Supplem~enta~ry Cod~e
rSETeON 4. All members of the Indullstry are subject to the juris-
dliction of the Suipplementaryr Code; shall be entitled to p~articipate
in and shanre the benefits of 'the S~upplementary Code; shall be en-
titled~ to votec in the selection of members of the Surpplementary Code
Authority as provided in sub-sections (a) and (b), Section 1 of this
*SEenow 5. It being found necressary, in order to support the ad-
ministration of' this Supplementary Code and to maintain the stand-
alrds of fair competition established 'by this S9upplementary Code and
to effe~ctuate thle policy of the Act, the Sup~plementary Code Anuthor-
ity is auIthorized, subject, to the approval of the Admi-r ni~trIa tor:
(at) To incur suchl reasonable oblicgationrs as are nlecess~ary and
proper for the foregoingv pur'poses and to mneet such cbligations out
of" fundcs which. ma be raised as hrereinaft~er provided and which
shasll be held in trust for the purlposes of the Su~pplemnentury Code;
(b) To submit to the Admllinis~trautor for, his approva~.'l, subject to
such notice and opportunity to be benedl'i as he may dleerni nec~essary,
(1) an itemized budget of its estimiatedl expenses~ for the foreg~oing
purp~oses, and (2) an equitblelc basis liponl which the fuinds~ necessary
to support such bmr1get shall be cocntr~ibulted by menibers of the
(c) Afterl such budget. and basis of c.onltribution1 have been
approv\edl by the Admlriinistrllator to d~etermine~ and secure equitable
contribution as abovet set forth by all such mlembercs of the Industry,
and to that end, if nleceanclry, to institute legal pr~ocedcting~, therefore
18 Its OW\I I 118me.
(d) Failure by any memberl~~l of the Indusryl~~3 to pay his equ~itabl, e
sharle of the rxesl-ellc fo-r ma~illntining~ an~d admllini terl. ing this Sup-
p'lemenrt ary Code shall be deemed~c- a, Violation)l of this Flup.plemelf ntar1y
SEC'TIO) N 6. Only memrlbers of the Industry compllllying~ with- the
Supplemelnnt a ry Code a nd c~n t ribult ing to th~e exrpentses of its adminis-
t ration as ~r~ovidled in Sect ion 1 hereof shall be et~ltit-led to pa'l't ic'ipate"
in the electioc-n of the mrtllemb~ers f the Suppillem-~:entry7 cCode Aulthor-
ity or ?to recei~ve the bienefit of its v~olunta~ ~ry tiv.ities- or to make us~e
of anyr emlem~l or insignial of the TNtional Recovery Adcministra;t io~n.
SECTIO-, N 7. Nothinr conitainrcl iI thlis Sup~plemel~nntary Code shall
constitute the membe~trs of the Supllpllnementuryy Code A~uthorit. part-
ner~s for anyv purpiose. Nor, shal~l any member of the Suppllementclary
Code Authority be liable in a7ny manner to anyone for any ncot of any
other membert1, officers, agent or emlployee ojf thle Supplementary Code
Authlority nocrl shall a ny member of the Sufpplem~enta~ry Code Au~thorr-
ity, exsercising~ reasonable diligence -in the condulrct of his dluties
hererundler, be 'litbl~e to anyone~ for any action or omissio n to a-ct
under this Supplltnementaryj Code, eces~pt for his own wilful
mial feasa nc'e or nonl-fen snnce.
SEcTlon 8. Thle Suppllll'ntlementry Code Au~thorit~y sh~al also from~
time to time furnish to the Basice Code. Authlority, designatted' in saidZ
Basic Code, such information as mayT be reqc~uiredl t~co be furnishled
tmrder terms ofi said Ba~sic Code.
SECTION; 9. Thle Sup>plementatry Code: Authority shall have all thle
poweprs and duties which shall be nresary a~nd proper to enable
it to full-yr administer this Codle and to effectuate its purpose.
WVithout limitation to the foregoing or1 anyT other powTers or d~uties
provided for in this Supplemientary Code, the Suplplemetntar~y Code
Authority s~ha1ll have the followfinga specific duties, subject to suachE
rules and regulations as t.hle Administr~ator mazy her~eafter p'e~scribe;
(a) To adopt by-laws and rules and regulations for, and keep
records of its procedure and fo~cr the! administration of the Supp~le-
(b) T~o obtain from membler~s of the Indust~ry such information
and reports as are reqcuir~ed fori th~e admiinistrat~ion of t~he Supple-
mlentarys C~ode. In addilitiojn to information required to, be submitted
to thle Supleenay (codle Aluth~ority, all or any of th~e p~ersonls
su~rbjec~t to this Supp~l~emnturyy Code shall furnish such statistical
informationic~r as the Adminisii~trato mayv deemn necessa~ry for the pur11-
pose rec~ited~ in Section 3 (a) of the Act to> such F~ederazl andl State
agencies as thie Admlnisitrant orl many de~signate. Provided that noth-
ing in this Supp~lemlentary Codle shall relieve any) memnber of thle
Industry of any\ existing obligation to furnish reports to any
govenir nmen agency.
To' the extent permlitted by the Alct and pursuant to such rules and
regulations as the Adlministrator mnay prescribe any and all informa-
tion furn ~ishled to thIe SuIpp~lemlenta ry Code Aut hority by any memn-
bers of this Indlustry pursonnt to the pr~ovisionss of thisE Supple-
mentary Code shall be subject to v~eri~ieation by an impartial agent
app>ointed~ by the Suppllementarya! Code Aulthor~ity, andl each member
of thle Industry sh~all furlnish t.o sulch impiurtial agent so much of hris
pertinent books, a7ccountsi ani records as may ber requir~ed to verify
the accuracy of the informantionl submitted.l
(c) To use such. trade associations and other agencies as it leemns
pro"per for the ca~rrying out. of any of its activities provided for
here~in, provided that nothing herein shall relieve the Supplementary
Code Auth~ority of its duties or responsibilities under this Supple-
mentary Code anid that such trade association and agencies shall
at all times be subject to and comply wTith the provisionis hereof.
(d) To make recommendations to the AIdministrator for the co-
ordination of the admninistrationl of this Supplementary Crode with
such other codesr, if any, as mlay be related to the Indlustry.
(e) To s~culre from members of the Industryv an eqluitable andl pro-
port~ionate paymieit of the reasonable expenses of maintaining; the
Supple llmenta ry Code Autfhority and its activities.
()To cooperate wcith the Aidministrator in regulating the use of
any N.R.A. insignia solely by~ those members of the Industry who
have asselt~ed to, anrd are compelling wit.h, this Sup~plementuryg Code.
(g) To reco-mmnendc to th~e Admlinistatrator further fair trade prac-
tice provisions to govern mnember~s of the Indust~ry in their relations
with each other or with other industries and to recommlent t~o the
Adminlistrator measures for industrial planning, including stabiliza-
tion of employmllent.
SECTION 10. Pu~lrsuant to the provisions of the. Act. and subject to
such rules and regulations as the Admlinistrator m~ay prescribe, tile
Suppemetar Coe Athoityshall have the power to investigate
all alleged comnplaints filed withi yoemme fteIdsr
against another member.
.SECTION 11. If thie Administr~ator believes that any action of the
~Supplement~ary Code Aulthority or any agency thereof is unfair or
unjust or contrary to the public interest, the Administrator mnay re-
q~uire that such action be suspended to afford an op~portunity for in-
vestigation ~of th merits of such action. Further action by such
Supplemerntary Code Aut~hority or agency regaardling the matter coml-
plained of may be taken if approved by the Administrator but shall
not be taken if disapproved by the Administrator within thirty- days
of notice! to him~ of Inltentionl to proceed with such notion~.
SECTION 12. Every3 employer shall p~rovider for the salfe~ty and hlealthl
of employees du ring th~ehours and at the places of their em~ploym~ne nt.
Standards for slfetly and health shanll be sulbmittedl byT the Supprle-
m~entary Code Auth~ority to the Admninistrator,1 w~ithi'nl six months
after the effective da~te of the Suppllemrentary Codle.
SECTIONY 13. Enclh member of the Industry subject to thne jurisdic-
teionr of this Codle shlall comply with all I~rreqirementsll. of the Supple-
mlentar~y Code Aluthor~ity madie or taken pursuant to the prov.,\isionls
of this Code andl not inconsl~i.stent~ thecrew\~ithl.
ARTCLE V-AcCOZ:I.S dx oNo CIosTwo
SEC'TON 1. With respect to thnt pc.rltion of his prod)!uct. which is
wvithin the Industry, eve~)'ry emlberl of the Industry shall uTse an ac-
counting system fori detter~mining~ his allowable cost which conformlls
to t~he principles of, and1~ i-;l at ;leat as deta~;ilrcd and compllete, as the
uniforml method of ac~cc-unting,. and the uniform methodi of costing,
to be for~mulated by the Supplem'entary Code Authority andi up-
proved by the Administrator with suchl variations therefrom as may
be required by the individual cl.ndlitionls affecting any member o
the Industry, ubljelct to th~e reviewr and appr~loval by the Suzpple-
mentary Coder Authf~ority.
SECTION 2. W'rhen the Supp~llementarnIy Codle Aiuthority dletermines~
t~hat an emet1rrenlcy exi-;ts in this Industry andlr that the enuse.F thlereo~f
is destructive price cutting rl.such as to Itrenderl ineffective or ser~iourlty
endlanger the ma;1intenan~lcce of the p~ovisions.- of this Supp1!:lemel~nta ryS
Code, the Supplementary Codle ALuthnority may1! cause to be deter-
mined th-e lowest retnsolnblelt cost of thle p~roduc~ts: of this industry,
suceh detcermlinatioin to be subject to such notice and htar~ine as Cthe
Admllin ist ra tor may require. 'The Amntrtrmay apoe
disappr'ove.' or modify the de3termination. hratrdrn h
periodl of the emerllc ency, it shall be an unfarir trade p~ac~tice for any
mlember of the Indusltry to sell or offer to sell atny products of the
IndulstryS for which the lowest reasonable cost has~ been dleterminedl at
such prices or ulpon sulchl terms or cocnd.itions of sale that the buyer
will pay le~ss t'hrcefor thanl the lowest reasonable cost of such. pr~oduc1.ts.
Wh~ten it appearws that conditio~ns have c~hangedl, the Surpplemnentarly
Code Aulthority, uponl its own initiative or upon th~e r~equlest of any
inter~estedl party, shall caus~~e the de~termin nation to be rev\iewed.
AnrTICLE VI--SEING( ~BELOWn COST
No member of th-e IndurstryT shall sell or exchange any product
of the Industry, manufacturedl by him at a price, or upon terms anld
conditions, which will result in thre purchaser pay-ing~ for the goods
received, less than the allowable cost thereof to the seller, deter-
mined in necordance with. a uniform method of costing above de-
scribed; 'provided, hiowfever, that. dropped lines, or seconds, or
inventories which mulst be converted intro cash. to mleet emnergency
needs mnay be disposed of by any member of the Industry at any
pr~icee and onl any termis andi condritions, but only if such memnber of
the Inldu try notf less thawn twor weeksH before such disposal, h~as filed
with thie Supp~l~ llementary Codle Aulthority', a statemlentt in wrritingr,
settinrr forth the fact of, a~nd reasons fo'r, such proposed disposal;
and p'rovlidet d further, that thZe Sui1pple meen tar4 Codle Authority~, upon
app'lie ntioni tb, it shall immiiedliately gra(nt pe~rmission t~o any. member
of the Indulstry~ to sefl-- elow\ his costs in or~der that. he may meet
com-~petitivc p,rices filed in nc-cordalnce with the provisions of 'Articlei
VII of this Supp'l"ementa ry Cotle, or to mneet competition from prod-
ucts of equivalent des1igcJn, charnelte r.. quality., or specification, mnanu-
factfured oultsride the Uniitedl States.
Aren~e I~I-Pme IISrs
(a) If the Suplplemnentary C'ode Author~ity determines that it. has
been the grenera~lly recognized practices inl the Indlustry, or in any
bra~nch or subd!~ivision thlereoc~f: to. r;ell ce~rta~in p-rodur~cts on the basis
of net ~r~ic~e lists, or ~r~ice listst andi dlisccunlt sheets, each mnember
of the Industry manufalfcturinp and selling such products shall,
w~ith~in ten (10) days after no.t.ic~e orf such determina~tionr, file wTith
the Supp~lementury:13 Code Autho~rity a net price list, or price list
and discounts. sheet, in such form. and for sulch products as the Sup-
plemlentary Code Autho~it~y may15 prescribe, and- the Supplemenlta ry
Code A~uthority shall immedltl iately send copies thereof to all known
mannufactulrers of such. products whose name can be ascertainled by
diligent search and suchl lists shall be available to all interested
-parties. Rnevisedl price lists and/or discount sheets andi 'or all other
conditions of sale may be filed fr~om time to time thereafter withl
the Supp~lementar~y Code Auth~ority through its Secr~etary by any
mlemlbe r of the Industry, but such revised price lists and/lor discount
sheets and/or all other conditions of sale shall be filedl wit.h the
Supp~lemlentalS'ry Code Aut~hority t~hrough its Secretaryq and shall be-
come e~ffective tenl (10) business days after actual receipt by the
SCecr~etary.3 Copies of scuch revised lists andror discount sheets
and/or all other conditions of sale, wFith notice of the effective date
thereof, shall be immediately sent to all members of t~he Industry,
and shall be available to all inter~estedc parties; andc any member of
the I[ndustry may file, if he so desires, revisions of his price list
and/or discount sheets an~d/or conditions of sale, which shall become
effectivee at the d~at~e when thle revised list first, filed becomes effective,
provided that he shall nit, establish prices lower, nor discounts
grea~ter, nor conditions of sale. more favornble than those contained
in the revised list fir~st. filed.l
(b) Any or all information furnished t~o thle Supplement~ary Code
Au~thority b~y any corporate mriember of this Industry shall be, to the
extent permiitted by the Act., subject to checking by an impartial
agent, for t~he purpose of verification by an exammnation of t~he per-
tinent books, accounts and records of such corporate mlember of this
Inlu st ry.
Each member of the Industry shall furnish the Supplementary
Code Authority for distribution with such member of copies of his
2 See paragraph 2 of order approving this Code.
price lists andi/or. discolunt s~lu-ets~ as thje Sulpplemnentary Co~de Au-
thority may prescribe.
(c) No membler of the Industry shall sell, dlilrc~tly or indlirec~tly,
~by any mlea~ns wha~tsoleverl any produc~lt of the Indusr~tryS Ivcovered by
pr~ovisio~ns of this Article VIII at a price or a~t discounts, or on condi-
tiolns of sale m~or~e favo~rable than those prov,\itted in his own enrrentcn
net price licts, or pic~e -lists andl dtiwounrnt sheets.
ARraIc.I. VII-IXUs.unI TRADE PRACTICES
In1 addtitio~n to the unlfairi trade pra'ICtices c overedl by Article V
(excepting Section A) of the Basic Cod(e for all purploses of the
Suppleme7~ntary Codet the fol,llown dtescr1ib~ed acts shall conslititulte
unfair prnetices; prov\idedc' however, when(I any1! unlfa~ir trade p~rlc~tice
of this Sup1plemnentarly Codec conflicts w-ithl any unfa iri trade~l practice
of the B~asic Codelt suchi conlflic-ting unfair trade prac~tims~ of this
Suppkillllnenta Coder shall supersede those; of the Bo ~ie Codelt. Any
mlembelrl of the Ild ust r who shall directly or in dirc ct ly, through
anyl3 officers, emplloyee,\~ agen't or represel'cntatiiVe s o mpt ayo
suich unfair practices shall be guilty of a violation of ti upe
shall publ.li~shl adv\ertising~ (whether sprinted~, radio, lilpla~y or of any
otherl na~t uret) wh~i-ch is mil aing~~ I or fnlw in any mallter1ial~l'` pticu"lar,
nor shlall any member in anly way misrepresent anyr gods,1 (inclu-df-
ing but wIithlout limnitat~ion its use) erltrad-mlark,, gendelr quality~, quatn-
tity, or~igin. .-ize. inkknee7l('t, charalter,~ naturfe, finish, mar~ter~ial. content
or preparartiol, or credit terms, values, p~olicies, ivices~, or the
nlaturle or form of the business emurlated.ll
RUTLE~ ;). F?#/&0 BJ 7;i.--RO Iitelllef Of the I~nduskyl3 shall knowrl-
ingly withh~old: from or inserlt, in any' quotation .or inv\oicet any state-
ment that makes it inaccurate in anly mlater1iall particular.
Rout~ 3. I'iarc/-c arfe Labl,/;in.---No member of the Industry shall
brand~ or mIlarkl or pa;ckl aIny' rcood in any manner wh-lichl is inltc~lend
to or doe~s dcetive or mI li1islend 1I'CRpuchaser wTit respect to thle brand,
gradec, q-uality, qulantfity, o)riginl, SiZe, ut accantr au
finish, mlatel~rl content or In-eparllation of such gos
Rr-LE 4. 190(0###rr~./?fr PC8 mr:, i0c~s t C~oi,.~if~ff90.--No member of
the Industry shall by adver~tisingg or any other means refer inaccu-
rat~ely mn an marterial particular to any completitor~s or their good,ct.
pries, values, credit terms ,polic~ies or services.
PRULE: 5. ThreatsR of Lateu Suilts.--No mnember of th~e Indlustry shall
publish or circulate ulnjus~tifiedc~ or unwarlranted threats of legal pro-
ceedings which tend to or hlave the effect. of harnssing competitors
or int~imidatting their enstom.,rers. FIiailure to prosecute in due course
shall be evidene that, any suchT thlreat is unwanlrrnted- or unjustifiedl.
RELE ex Secrett Rebtats.--F or the purpose of infinencin~g a sale,
no mecmber of the ITndustry shall offer to makle any payment or
allowance of a secret rebaite, re~fund. commission, credit, unearned
discount or excess allowanice, whether in tihe formi of monev orf other-
wise, nor shall a member of the Indust~ry offer or extend to any cus-
tomner any special iservice or privilege not extended to ~all customers
of the samle class.
RIULE 7. Bribing1, 1 EmployeJ/;ts.-N o member of the Indlustryr shall
givc, p!ermiit to be grivern. or dlirectly offer to give, anything of value
for the pinp=-e~c of inlfluencing or rewanrdiing the action of any emn-
ployee.: agnt or Irepl~tresetative of another in reclation to the business
of the emnplo~e~r of such employee, the principal of suci agent or the
represent~ted partly, without thle k~nowledge of such emlployer, prin-
cipal or party. Th~is provision shllnl not b~e co.nstruedcr to prohibit
free and geeracl a ctr~ibutio~n of' aticles comnmonly usedr for adver-
tising~ texcep, t so f:Ir as- F:uch a'tic~les a7re actua~lly us~ed for commer~r cial
b!lribery as here~inabov)e definedC.1
RULE 8. 8,Intefere nI'C'ICI (;/ ilk :1n~of ee/'s Conitraclts.-E nti cement, of
empllloyeesc of competitors w~ith thle pur~osie and effect of interfering
with their business is an unfa;ir. tr~ade practice. It is recomnmendled
thlat msanufacturers dceal flfranlly andc openly in instances where: em-
ploy~ees seek to chlanlge from the service o~f one emnployer to another
or where the employecr w~ishles to negotiate for the services of another
mnan1 I ufact u re's employee.
RUL~E 9. COeTC2' Oth- No member of the Indlustry! shall require that
the pu~rchaslne or lease~ of anyl goods~L be a pr~e-requlisite to the purchase
or lease of any o~thet r goods.
RSLE 10. Subst'itUt1ion. -No, members o~f the Indlustr~y shall furnish
articles which are mor~e or less expensive. or of better or inferior qual-
ity, or of Ila~rger or lmutller ize th~an spec~ifiedl without. makring the
proper~' adjustment in, thle quocted price and clearly indicating the
nature of the sulbstitution.
RULE 11. Z7Lmp Srn.I1 Bid~s andl !:ontrlacts.--No member of t~he
Ind~ustryr shall submit a b~id or b~ids for two or' mor'e conmmodiities
olne of wPhich is Gal'llvaizing in which t~he ulnit pr~icle of each com-
modity is not clearly stated. No members of the Indlustry shall necep~t
orders or contr~nets for sale at a lumlp sum w~her~e thle contlRact does
not specify the exact quantity, qualityS and unit, price of the product
RULE 12. No member orf the Indlust~ry shall make a false statement
or record wFhich tends to mislead or deceive t~he Supplementnlry Code
Authority aInd'/or SrcrtaRryv concerningr anyl transaction governed by
anyT Article or Section of this Supplementary Code.
No provision of this Supplementary Code shall be applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress
or discriminate against smaUl ent~erpr~ises.
SECTION 1. Th-is Supplementary Code and all the provisions
thereof are expressly made subject to the right of the President, in
accorda~nce with~provisions of subsection (b) of Section 10 of the
Act, from timne to time to cancel or modify any order, approval,
license, rule or regulation issued under said Act.
SECTION 2. This SupplementaryT Code, except as to provisions re-
quir~ed by the, Act, maay be modified or amended on the basis of
experience or clhanges in circumstances, such mIloifilntions~ or amendl-
mlents t~o be basedl upon app~lien:tionl by the Suplplementary Code
Authority or o.thcrl I~rlep~restnatie ~groupll within this InldustryS to the
Admlinistra~.to r and such Notice aznd H~earing a.-. he shall sp-ec~ify alnd
to bec~ome~ effective and be a par"t of Ihi' ISupple~.1''"nuato Code on
aIIpproval by the Adfminisrtoratr
ARTTIC.LE XI-PRICE IN(.REA \ES
Whelcreas the policy of the Ac~t to increase real p~urchasing power
will be mad~re more difficult of consummanlltion if process of goodls andi
services increased as rapidirly as wages, it is re~cognizted that price
increasesi except such as may be? required to meet indtividuall cos.-ts
should be dlelayed, but whecn madte, L1.such increases .-.houh~ll, so far as
p~ossible. be limlite~d to, actual add~itional inlcrlen es- in the! -cller'5 costs.
Anwar,,~, XII-E verenve\ D~ATE ANDr DoRaTroru
Thi~ Supplemenlrtary Code shall beennw1lll effective at 12:01 o'clock
A.MZ. On the tenlth day after it is approved~l by the Presidecnt and/ror
thle Adintrlistra~tor and shall11 continue in effect until J~une 16, 103~3,
or ther earliest day prior therleto, on-t which the Presidenlt shall, by
proclamat~aion, ;or the Congrescs shall by joint resolution dclarl~le thant
te ~emerglenc reecognizedl by Rec~tioni 1 of the Natiuinal TIndust~ial
RE~ecovery Arct, h~as ended.
Appljrove1 0I fle NI. X-2--Sulrllemenit No.. 28.
Registryg Nlo. 1135J-21.
UNIVERSITY OF FLORIDA
3 1262 08856 1401
Recrietary! Jo~b Guiranize~rs Association.
DE-ma SI: The1- mu11~'.;_'lersge dlebiring to participate under thle Supp~lementary
Cctde of Falir Compelrttiton for the Job Galvanizing Metal Coating Industry
1!eeby,) a~stsers to all thec p~rovisions of said Supplementary Corde, and to such
Clunges~'] 1 ini theC same1 aS may ber made by the Supplemernta rS Code Commnittee
in order to~ mee'~t the r'eflu;rementsil~ of the National Re~c~very Administration.
Effe'Lctive1 1!n ther date on! which the Suppr~lemntarynr Code is rapproved by' thie
P~~~~croble of the U'nitedl States aIndlor the Administrator for Industrial Rec'ov-
ery, undtlr Title I ( f thle Naltionall Indlustri:?l Recovery Act, as thecrein p-rovidled,
or as of thec dtent on which. this le~tter. is delivered, if delivery is made after such
date of ;IlllrcinI by the Pr'esidenit and or the Administrator, the undersigned
by~ the signing~ and de~liverinlg o'f this letter~ becomes a partic~ipant under the
rSll~l~'1Eufpl mentury odde of the Jo~b Ga;lva;nizing~L Metal Coating Industry and her~eby
agrees w\ith every individual, Iiartnership, association, corporation, or other
form of enterprise whlo shall1 then be or theren.fter become a1 participant under
said Su I I llemei n ar. Code tha~rt said Sup~plemienta ry Code sha ll const it ute a valid
and h~imlling~ contract between~l ther und~ersigned and all such other Darticipants.
For all purposes of the SupplementarY Code, the address of .the undersigned,
until wvrit-ten notification of change shall be filed with the Supplementary Code
Authority, shall be as set fourth at the foot olf this letter.
Very truly yours,
Name of Onicial (T2itle).