Far sale by the Superintendent of Documents, WashingtonD.C. - Price 5 ceals
Approved Code No. 88--Supplement No. 1
Registry No. 1133--16
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMJPETIT'ION
FIRE RESISTIVE SAFE
(A Division of the Business Furniture, Storage Equipment
and Filing Supply Industry)
AS APPROVED ON JULY 30, 1934
WE DO OUR PART
UNIV. ~~ "b ill%.
U.S. DEPCM umn- G 8AE
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Offioa, Washing~ton, D).O., and by district oflies of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMIMERCE
Atlanta, Ga.: 504 Post Otice Building.
Birmingham, Ala.: 2571 Federal Building.
Boston, Mlass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commeree Building.
Charles-ton, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex-.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacklsonville, Flra.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Cailif.: 1163 South Broadway.
Louisvile, Ky.: 408 Federal Building.
M~emphis, Tenn.: 229 Federal Building.
Minneapois, Minn.: 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 Com~merce Building.
Portland, Oreg.: 215 Newr Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 C~ustomhouse.
Battle, Wash.: 809 Federal Office Building.
Approved Code No. 88-Supplement, No. 1
SUPPLEMENTARYRE CODIE OF FAIIIR COMPIELT'ITION
FIRItE: ]RESIST[IVE SAFE INDVUSTRY~
As ~App~roved on July 30, 1934
SUPPLEMENTARY CODE OF F~AIR COMPrET~IION FrOR THE FIRE RESISTIVE
AL DIVISION OF THE .BUSINESS FURNITURE, LSTORAGE EQUIPMENT AND
FILING SU7PPLY INDUSTRY
An application having been duly made pursuant to and in full
compliance with the. provisions of Tjiitle I: of the National Industrial
R~ieov~ery Act, approvTed June 16, 1933, for approval of a Supple-
mental Code of Fair Comnpetitionl for the F'ire Resristive Safe In-
dustry to the Code of Fair Competition for the Business Furniture,,
Storage Equipmlent, and Filing Sjupply I~ndustry, and hearings hav-
ing been duly held thereon and the annexed report on said Supple-
mental Code, containing findings with respect thereto, having been
made and dir~ectedl to the President:
NOWV, THEREFORE, on behalf of the President of th~e Unmitedl
States, I, HEugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority rested in me byEeuieOdroftePei
dent, including -E ectv OrerNo 543-AL dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do ~find that said Supplemental Code complies in
all respects with the pertinenlt provisions and will promote the policy
and purposes of said T'itle of said ABct; and do hereby order that
said Supplem~ental Code of Fair Competition be and it is h~ereby
approved; provided, however, that th1e Provisions of Article ~VII,
Section. 1 insofar as they prescribe. a waiting period between the
filing with the designated agency and the e~ffective date of revised
price lists or revised terms and conditions of sale be and they are
hereby stayed pending my further order either within a period of
60O days from the e ffebctivpe date of this Supplemental Code or after
thes completion of a study of open price associations now being
conducted by the National Recovery Administration.
HjUan S. JoHNSON,
Admzinistrat~or for bullustrial: Recovery.
C. ~A. nrADA ,
July 80O, 12934.~
77103*----820-1 713-3---1 (1
REPORT TO THTE PRESI[DEN-T
The W~thite House.
SmR: The! proposed Supplemnental Code of Fair Comnpetition for
the Fire Resistive Safe Industryr was submitted to the Administ-
tratorr onl NovemI-ber 28, 1933, by the Safe Mfanufact~urers Nationa
.Associa tion representing 85%0 of the knowFn MIembers o f the Indlustr~y.
A hearings wars condu1Cted in Washingaton. on December 20, 1938.
The Code was revised during the recess and is submitted in its pres-
ent form for approval. Every person wpCho requlested' an appearance
was properly heard in accordlance with statutory and regulatory
The. Code of F'air Competition for the O'ire Resistive Safe Industry
is at supplement to the oe of Fa~ir Compet~ition for the! Business
Fur~niture, Storage Equipment, and Filing Suppl~ly Inldustry, ap-
prolved on Novemlber 4, 1933, and its effect on labo~r an~d ~ages was,
thlerefore, inlcluded in ~my report to yseou sulbmitt~ed with the propo~sed
-Code of Fair Competition for theBusines~s Furniture, Storage
Equipiment, and Filing Supply Tcudustryr under date opf Novem~ber 2,
Thle following pertinent statistics, however, representing a. consoli-
dotion of reports from 25 Miembers of the Industry, have been sub.
mitted to thee Administration. :Sales declined from $~7,000,000 in the
year 1920 to $600,000 in the year 1933, a drop of r~oughl~y 0)1%. The
number of ermployees coincidently declined from an average of 2,000
in the year 19"9 to 750) in June 1933, a drop of roughly 6320. Since
t-he latter date mar~ked improvements in sales hnas been experienced,
totally absorbing the lag and has resulted inr the return of many
employ-ees t.o t.he factor~ies. Imnprovem~ent will further be aided by
the? Fair Tad~e PIractices contained in the Code, which prevent the
past abuse~s prevalent in the Indlustry.
Rise xi OF CODE
Article I, Purposes, states the purpose of the Code.
article fIIa Definition~S, accurately defines specific terms applicable
to he ireResstieSfe industry' as used in this Code.
Article III, La~bor Prov~isions, abdopltsi the Labor- Provisions as set
forth in A~rticles- V, VI,' VII ,l and Ehibit A of tthe ~Clode olf Fair
Competitionr of -the Businless Furniture, Storage? Equipment, and
Filinir Supply Industry, tas approved on Novemlber 4, 1933, making
spec ;efere~nce to the inclusion of Section 7 (a) of Tritle I of the
Na~ttional~ Industrial Recovery Act, andt further provides for a mini-
mnum1 wage't rate of 400 for male and femln~e factory employees.
,Irticle IV, Organrization, Pow\ers, and Duties of Code Commnittee,
estabtlishes a Code Atluthority of five mnem~ber~s to be selected by a fair
method of election. It .furlther. prov,\ides that not more than three
addition members, w\itholt. vote, may be appointed by the Admnin-
istrator for such terms as hne mnay specify. This Article also sets
fourth the powers andt duties of sa~id~ Code Authzor~ity.
Article V, Planning and C1lsasifi nation, provides that Miembers of
the Indurstr .shall makle available samrlples of all Indlustryv Prdctlc.ts
to a Planningr ndc Classification Board and further provides that
ne~w stock items shall be classified by said- ]Board before presentation
to the general public. This Ar~tile, however, in no waty restr~icts
the manufacture of any Industry Product.
Article VI, Discrimination, prevents discrimination between cus-
tome~rs of the somle class.
A article VII, Mrarketing and Trado ]Practice Rules, sets forth trade
practices for the Industry, including an Open Price Association.
Article VILII, Extras andt Dedulctions Not Coveredl in Price Sched-
ules, provides that M/embe~rs of the Indcustry shall include in their
prices all costs of aIdditionls to and deducrt~iols from variations of
ICndustry Products not covered in their Price Schedules.
Article IX, Specials, prevents a mainufacturer from pricing a
special item in competition with a stock item at an unfair price for
the purpose of evading his then currently effective Price Schedule.
Article X, MNonopolies, provides that no provisions of the Code
shall eliminate, oppress, or discriminate against small enterprises.
Article XI, Price Increases, provides that the increase in selling
prices shall be limited, insofar as possible, to actual increases in
Article XII, Termination, provides that the Code shall expire on
June 16, 1935, or on the ear1liest date prior there~to on which the
President or Congress shall by joint resolution declare th~e emergency
recognized by Title I of the Act to be ended.
Article XIII, Modification, maktles all thle provisions of the Code
expressly subject to the right of the Presidlent to cancel or modify
anyT order, approval, license, rule, or regulation issued under Sub-
section (b) of Section 10 of the ~Act.
TIhe Deputy Administrator in his final report to me on said Sup-
plemlental Code having found as herein set forth and on the basis
of all thte proc~eedings mn this matter;
I find that:
(a) Said Supplemental Code is well designedl 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 inter-
state and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of Industry for the purpose of cooperative action among
the trade groups, by inducing and maintaining u~nitedl action of labor
anzd management under adequate g~overnmlental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting"
the fullest. possible utilization of the present productive ca pa city
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 relievringl unemployment, by Inmprovmg~
standards of labor, rndl by othe~rwise re~habilitating Industry.
(b3) Sa-id Industry normally employs not more than 50,000 em-
playees, and isi no~t classified byL mPe as a major Industry.
(c) The Code asr app~r~oved complies inh all respects with the perti-
nent provisions of said Title of said Act, including, without limits.-
tion, subsection (a) of ~section 3, subsection (a) of section 7, and
subsection (b) of section 10i thereof, and that the applicant asscxiat-
tion is an industrial association truly representative of the aforesaid
Industry, and that said association imposes n inequitable restrict
tions on admission to membership therein.
(d) Thie Code is not designedt to and w~ill not permit monopolies
oril mnonopolistic practices., ?
(e)TheCode is not designed to and wslill not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in ot her steps of thie economic process have not
bee~n depriv-ed of the right to be heard prior to approval of said Code.
Fior these reasons, therefore, this Code has been approved.
Respectfully, Ho .Jr~oJ~ i
JULY 80, 1934.
SUJPPLEMIENTAtRY CODE OF F~AI[R C1OMPET~~ ~ITIO FOR
TH[E E'I'RE RESISTIVE SAFE INDUSTRY, A DIVISION
O1F THE BUSINESS FUR~INITURE, STORAGE EQUIP-
MENT, AND FILING. SUPPLY INDUSTRY
To eff~ectuate the policies of TPitle I: of the Nat~iona~l Industrial
Recovery Act, to supplement and to make~ specifically applicable~
the provisions of the C~Jode of F~air Competition1, approved Novemnber
4, 1~933, and amended Jrune 15, 1_934, for the Business FIurniture
Storage Equipmenr~t, and F'iling Suppl;y I~ndustry this Supplemena
Code is hereby established as a Code of Fair Com pet it ion for thne
Fire Resistive Safe Industry and shall be the standards of Fair
Competition for this Industry anld shall be binding upon every
A4RHL II- EFNITTIONS
In addition to the definitions contained in Art~icle. II of the Code
of Fair Competition for the Business Furniture, Storage Etquip-
mnent, and Filing Supply Industry, the terms enumerated in this
Article shall have the meaning herein defined wherever used in this
Code or in any supplemlent appertaining thereto.
SECTIO)N 1. The term "L Fire ResistivTe Safe I~ndustry or Indus-
try as used herein means the manufacture and original sale and/or
wholesale distribution of industry prodluctsi by a 1Member of the
IndustryT, either by himself or by his agent, which includes without
limitation any person or corporation occupying~ a subidia ownr con
trolling relationship, or one of common, mutulojinowrhi
or control to a Member of the Industry.
(a) The term Industry Product as used herein includes with-
out limitation t~he products listed under F~ire Resistive Safe Divi-
sion in Article II of the Code of Fiair Competition for the Business
Furniture, Storage Equipment, and Filing Supply Industry.
SEO. 2. The term. "L Wholesale D~istribution "' as used herein means
and includes the distribution by all those engaged in the sale and
delivery of Industry products, both for resale to the consumer
thereof, w~ho maintam atf least five (5) salesrooms anld two -ware-
SEO. 3. The term. Stoc~k It~ems as used herein means an industry
product whTlich is offered for general use.
SEc. 4. The term Bureau of Standa~rds Certification as applied
to any industry product means that said product is certified to have
been built in, accordance with Federal Specifications AA--S-81.
SEc. 5. The term "L Manufacturers Certification as applied to anly
product means that said product has been built by a member of
the Industry and~l Cl1SSified byr the Planninga and Classification
1Board in accordanlce w\ithl the classifications specified in Section 3 of
SeCFC. 6., The terml Nat~ionall Emleirrency Committc "~ as used herein
mea~ns. the NationalR Emnergency Committee, the Code Authority for
thre Buusiness~ Fu~rniture,~ Stolrnae Equipmenlt, and FLiling SiupplyV lu-
dustryv, elected pursuant to paragaraph 1 of Article III of the C~ode
of Fair CompEetition for the Business Fulrniture, St~orage. Equipment,
and~ F~ilingS Sulpplyr Indtst~ry as appxroved on November 4I, 1933, by
S~C~1. 7. Thle term "' Exshibit B "f wherev~\er m~ent~ioned in this Sup-
plemental Codle means Exhibit B3 :ttachledl o andc made a part of thle
Codle of Fair Competitiocn for~ thle B3usiness Furniturle, St~orage
Equipmernt, andl Filing Supply Indlustr~y as approved by Presi~dent
LFoosevelt on Novembr~er 4, 1933.
.ARTTCLE TII1--LA$OnZ PRCovIsIONS
STh~e pr'ov'"iisions goernlinlg Inb~or, o~f the CTode of Fanir C~ompetition
for the Business F~urnitur~e, Storange Equripmernt, andt Filing Supply
Industry, as se~t fo-rthi in Articls V, VI, and V7II, and Exhibit A of
said Code, as approved by the Ptresid~enlt on November 4, 1933, are
madc~C C~conition~s of this CIode, inCluding-~ SeCtionsg (a), (b), and (e)
of said Article V, b~y which the provisions of Subsct~ions (1), (2),
and (3} of S~ecti~n 7i (at) of Title I of the Act, ar made conditions
of: the CodKe, areu specifically- incor~poratedc herein and madce a part
hereof as the Wage, Hour, andi Labtor pyrovision~s olf t~hi Code;, pro-
vi'ded, however, that~ the minimln erat of" pa~y for both male and
female factory employees, uzndler ths: Coe, sh1all be at the rate of
forrty cents (4(ty) per Fhour.l
iARTIC`LE IV~7-OE;NosmzI vrrow, POWERSI, AiNDt UDTIES OF CODEl
Secnoro 1. The Code Comnmittee toadmf~inister this Code: is. hierebyg
colst~ituted~, which shall consist of five (.5) voting members to b~e
selected f~romn Members of the Industry. -The election of a~lglmm-lI1
b~ers of the Cod~ Commn~i-tt ee shall be by .a fair and equitable mietho
~f" &election to be, approved by the Administrator.
SEC. 2. ZH Rd(11idiOn to the above membrship>, there mnay be not
mrore than~t thri~ee- add~itional members, without,; vote and without coml-
pensation fr~om the Indrustry,. to ~be appointed by t~he Administrator
t-o serve for such term fr'om dateQ of appointment as h~e may specify.
SEC.' 3. Eachl trade~ or' in~dusrial association directy or indirectly
par'ticipatin g inl the se~lectionl or ne~ti-vities of the Code Colmm~ittee
shall (1) imposep no inequitable resatrictions on membership, and (2)
subm!it to th~e Administ rator~ t~rue: copies of~ its akrtijcles of association,
b~y-laws, r~ules, andE regaulati~ons and any Amenldments when made
t~here~tn, togrethfer with such other information as to membership, or-
ganization, and a1Ctivities as the Adml~inistrator mray deem necessary
to. o~ffectulate the pu~rposes of the Act.
SEc. 4. In1 border that the Code Cfommittee shall at all times be truly
r~eprese;ntantive of the TIndusltryS and1 in other respects comply with
the provisions of the .Act, the Administrator may prescribe such hear-
ings as he may deemz proper;i and thlerealfter if he shall find that the
Code Committee is not truly representative or does not in other re-
spects comply w~ith the provisions of thie Act, may require an ap-
propriate modification inz th~e mlethodl of selection of the Codie
SEC. 5. Nothing contained in, this Code shall constitute the mremy-
bers of the Codle Committee partners for any purpose. Nor shall any
member, officers, agent, or emplfoyee of the Code Committee be liable
in, any mannler to atnyrone for any act of any other m!emlber, officer
agent, or employee of the Code Committee. Nor shall a:ny member of
theF Codle Commr;ittee, exercising r~easolnable diligence in the con duIct
of hiis dut-ies hereundcer, be liable to any-one foi- any action or omllission.
to act under this Code, exccept for his owFn willful mlisfensanB~ce orL
SEc. 6. Subject to such, rules and regurlatio-ns as may be in~ed by
the Adlministrator, the Codle Committ~ee shall have the following
further powecrs and duties, the! exercise of which. shall be reported
to th Administrat~or thlrough the National Emelcrgcy~lS Commnifttee
and shall be subject to the A2dm~inistrator's' right, on re~vie~w, to dis-
apprveafter such hearing as he maycL prescribe, any action taken
by the Cr~eodle Commritt~ee. If the Admiinistratlor shall determined at
any time that any action of th~e Code Committee or any agency
thereof is unfair or unjust or conltrar~y to the public inlterest, the
Administrator mnay require that such action be suspended to afford
can opp~Iortunity for investigation of the merits of such action and
further consideration by such Code Commnittee or agency pending
final action which shall not be effective unless the Administrator
approves or unless he shall fail to disa~pp~rov-e after thirty days'
notice to him of intention to proceed wFith such action in its originally
or modified form.
i(a) Tro make investigations as to the functioning and observnlc~e
of anyof the plrovisions of this Code at its o~wn instance or upon the
cmaint of any- person affected and shall report the result thereof
to the N~ational :Emergenlcy Commnittee. To receive complaints olf
violations of this Code or disputes arising thereunder, manke investi-
gat~ions thereof, provide hearingFs thereon, adjust such comlplaints,
and bring to the attention of th~e National Emnergency Committree
unadljusted complaints of viora~tio~ns or disputes.
(b) To aid the N~ational Emergaency Comlmittee in the execution
of the: provisions of this Code and provide for the compliance of
the Industry with the prlovisions of the A4ct.
(c) To adopt Bylaws and R~ules anl PRegulations for its proiedurle
and for the administration and enforcement of th~e Code. The Code~
Committee shall promptly furnish to the Admlinistrator through
the National Emnergency Clommittee true copies of the Bylaws,
Rules, and Regulations adopted puirsuant to this paragraph.
(d) To obtain from M~embers o~f the Inductry~ through a confiden-
tial agency (for the purposes of thiis paragraph the Sec~retar~y of the
Committee may be considered as said agency) such statistical infor-
mation andl reports as are required for the administration of th-e
Code and to provide for submission by Mlembers of the TIndustry of
77i1 0 S29-171i- 3 -2
such statistical information and reports as the Admiinistrator may
deeml necessary for the, purposes recitedl in Section ;3 (a) of the Ac
wh~lich information and reports shall be submitted by Alemnbers o
IndustryS to such Federatl anld. or State agencies as the Administrattor
may designate; provided~, that nothiiing inl this Code shall relieve any
Membnler o-f the Industry of any~ existing ob~ligations to furnish re-
ports to any Government agency. No individual statistical reports
shall be disclosed~ to any other lemnber of the Industry or any other
par'ty except to such confidential agent or to such Goellrmnental
agelc~ies as; may~ be dire~ctedl by the Admlnisl~trator..
(e) To u e such~1 trade aIssociationls andi other agencies as it deems
proper for the carrying out of aIny of its activities provided for
herein, pro~dded~ that nothing~ herein shall re~li::ve the Code Com-
mnittee ofg its duitIes or, resp~olsib:lIities under thisj Codle and that such
tradel ;Ic.-socia;t :,ion and agenczcies shall at all times be subject, to and
c~omlyl' wvith the provisions her~eof.
(f) -To make recrom meclcndatins to the N'ational Emnergency Com-
mlittee andl the AQdministrator for the coor~dination of thle adm2ninis-
trantionl of this Code, with juch other codes, if any, as may be related
~to the Indulstry.
(g) Tor c~oopera;te with the Administr~ator in regulating the use
of any N.R.A. insignlia solely by; those MiembersY of the Industry
who atre comlryinlrg with this C~ode.
(h) To reco~rnurenld to the Adcministratoo r through the National
JEmergency Commrittee fur~thler fair, trade practice provisions to
govern Mlembersd of the IndustryS in their relations with each other
or with other indlustries, and to recommend to -the Administrator
through the hNational Emler~gency Committcee measures for indus-
trial planning, including stabilization of employment.
(i) To formulate w~it~hin thirty (30), d~ays after the approval of
the Code a cost formula tsubjec~t to th~e apprlovanl of the Administrator
which cost formliula shall set forth the item~s to be included and the
items to be ecsiludet d in arriving at cost as usetd in2 this Code.
(j) To aid the National Emerg~ency Committee in the estalblish-
ment of a, Phonningr and Class~ification Boar~d pur~suant to Article
VIII of the ~Code of Fair Comnpetition for the Business Furniture,
Storage Equipmuent, andd Fliling Supply Industry.
ALfRTICLEE V--PLANNIWNG AND C~LASSIFICATION
SECTION i. In Olrder t0 effectuate the purpose of Article VIII of
thle Code of Fair Comp~etition for thle Businiess Furniture, Storage
Equipmient, aind Filin Supply Inidustry, ~Mhembe of the Industrly
shall submit a -list fall items of industry products now being
offered for sale as stock merchandise within thirty (30) days after
the election of thte Planning and Classification Board to said Board
for priop~er classification an assignment of such to their respective
industry base products listed in Schedule A attached hereto and
hereby mladce a part of this Code.
SEc. 2. N;o stOCkl itiemn no included in the list originally submlitted
by himt shall bei sold or offered for sale by anly member until after
classification by the Planning and Classification Board as above
provided, and approval of said~ classification by the Code committee,
nor until after all requirements for p~ublication contained inArtcle
VII hereof hazve been completely fulfilled. All action under this
Article shall be takecn within thirty 3)dy fe umsinb
the Member. In no event, shall this3 Article bfer costued aisi per
emitting the Planninlg and Classification Boardc] to recstr~ict thie Manull-
factur~e of an indlustry product.
ARTICL VI -DISenanwrrowIC,
SECTI~N. 1, NEO member shall make anly sale or contract of sale, or
offers of sale, directly or indirectly by any means whatever, of any
industry products at a price or on terms and~ condlitions more favor-
ablej to one purchaserl of thle same class than to another, whellther such
purchlserr s shall be private in~dividuals, corporatijns,~ or firmlls, or
federal, State, M~unicip~al, or other public bodies; providedl that this
~shall not tjrevent price differ~ences necessarilyl resulting froml differ-
~einces in. the model, grade, quantity, or point of deiver~y of the
SEc. 2. N~o member shall make any purchase of or ,allowance for
used industry products in connection with a sale of new indlustr~y
products or as an indlependent cash tranlsaction1, directly or indirectly,
by any means whatever, at a price or on terms and conditions more
favorable to one seller than to another.
ARTICLE 71V- I ATnRKETING'C AND ~TRADE PRACTICE RUTLES3
SECTIONJ 1. Price Schedules.
(a) Each MDember of the Industry within thirty (30) days after
thie effective date of this Code shall. file with the~t Code Conunlittee as
many copies as the Code Committee mlay require of schedules con-
takning price lists at which such member is offering industry products
for sale as stock; merchandise and terms or conditions of sale to the
classes of customers defined in. Schedule AIC which is attached hereto
and made a part of this Code.
(b) The original schedules filed in accordance wFith the above para-
graph (a) shall become effective on the date of filing thereof with
the Code Committee.
(c) The Code Committee forthwith on such original filing shall
notify all known Mlembers of the Industry of the conltents ther~eof.
~(d) Any MeI~mberr of the Industry desir~ing to ch~angie any price
or prices und/or terms or conditions of sale shall notify the Code
Committee of such intention by filings a revised schedule, which shall
become effectiv-e ten (10) day~s thereafter. The revised sch~edule so
filed wCith the Codle Committee shall be immediately distributed
amongI the known 1Members of the Indfustry, who thereupon, at anyj
time before the effective date of the revised schedules so filed, may
file, if they so desire, revisions of their schedules to meet such revl-
sions in the revised schedule first filed, and which shall become effee-
tive upon the date the- revised schedule first filed becomes effective.
In the event that any M2~ember of Industry shall not receive within
the ten (10) day period sufficient notice of the filing by any other
Member of Industry, of revisions in such other MSember of Industry's
price or prices and/or terms or conditions of sale as will enable hun
to meet such revisions of such other member on the e~ffective date
thereof, then if such member shall file with the Code Committee such
revisions of his price or prices and/'or terms or conditions of sale as
may be. required to meet the revisions filed by such other member
within 48 hours after the receipt of notice thereof, thie revisions so
filedl by suchr member shall become effective on the same date as t~he
revisionis of such ot her member; or if they be already effective, shall
become effective imnmedliat~ely. rsofpyetlnt o o
(e) F~iled prices shall incld em fpyet egho ok
Iings or contracts, and t~o.b. point or points of origin or delivery,
and such other provisions as maly be necessary to fully inforin the
trade and consuming public of all conditions of sale.
(f) Original schedules andl all revisions thereof shall be made
available to the public.
(g) Subject to the approval of the. Code Committee, the Planning
and Classifiention Boar~d shall prescribe rules and regulations pro-
viding for the sale of destandlardized or obsolete products which
shall become effective upon approval by1 t.he Admnilnst~rator, and no
current line shall be desig-nated or sold as destandardized or obsolete
unless in fact such line hans been discontinued.
(h)No publication of prices, terms, or conditions of sale applying
to saes of4 industry products byone manufacturer to a wholesale
distributor, or to another manufacturer of kindred products for
re~csale by them, shall be required. No such sale, however, shall be
made~ at1L _L_ less thnn the manufacturer cost as determined pursuant
tjo section 6, subsection (i) of Article IV.1
SEO. 2. Trade: Practice Rules.
SThe following trade practices in addition t~o Exhibit B are de-
clared, to constitute methods of unfair competition between Miembers
of thle I~ndustry), and no Mlember of the Industryr shall use or engage
in any' of then, directly or indirectly, through any offcer, agent, or
employee. Engagmng mn any one of such trade practices or of any
other practices which her~eafter may be declared to be unfair methods
of competition by the Code Committee, approved by the Adminis-
trator, shall, after such hearing or hearings as he may prescribe,
be deemed a violation of this Cod'e.
..(a) Selling, offering for sale, or participating in any sale of any
industry product by a Member of the Industry at. any price other
thlan that set forth in his then currently effective schedule or upon
any terms or conditions contrary to those contained in such
(b) Failing to file such schedules or changes therein, as required
by Section 1 of this Article.
(c) Failing to submit t.he list of stock items of industry products
being offered for sale by a Member of Industry pursuant to
(d) Sellingr or offerings for sale a stock item not included in the
original list submitted by a Mlember of the Indlustry before classifica-
tion by the Planning and Classifiention Board pursuant to the pro-
visions of Section 2 of Article V.
: 'See paragraph 2 of order approving this Code.
(e) Permitting, direc~tly or indirectly, th~e consumlmation of any
sale made wCith the intent, or having thec effect, of violating the
provisions of thes A1ct or. th Tradelt Practices of this Codec.
(f) Pricing to Ithe Consulmerl and~/or selling indu~str y p~~`roduck by
any ~Memnber of the Industry at a price below his or its c~ost as dle-
termined pursuant to paragraph (i), Section 6, of Article IV; pro-
vided, however, that a. memb~ler may mteet ~the price of a completitolr
whose price does not violate the Code; and prov,\ided further that a
member may make such sales as necessjary to dispose of detstandlardl-
ise or obs~olete mecrchandise, or products, pulrs~uant to suceh rules an~d
regulations as issued by the Code Con~unitfaten under Sec~tion 1()
of this Airticle. Full informantiojn concerning such sales of de-
standlr~dized or obsoleztie: products shallI be mlade~ available to the
Code Com~mittee and to all MIemlbers of the Industry.
(g)l Promuulgating, renewing. extending, or automatically etmn-
tinuing after the effective date of this Code39 anyr buy1~ing~ contr~actsi or
agreements unless they be firm binding obligations on all parties
ther~eto, sIPecif~jly inthat applicable d-iscou~lnts; and terms~i of selling as
filed shall be based upon definite qualrntities of indlustry proucllcts
delivered within a specified taim not exceedling one year. Providedl,
howev-er, that Su~bsectio ns (g)r and (h), of: this Sc~tion 9 shall nott
ap ply to sales mande between M~embers of the Industry.
(b) ]Faing ~to: file~ within ten (10) days after the: esfflective dtate of
this ;Codle all other existing buay ingr arrngemenllts containing terms
cont~rnr~y to the provision of this Code.
(ii) Fai'lsely ma rkcng or labelling'" J"-'. any indsry~ri pr~odu~ct.
(j) Representing to a prospctive p~urchalser that a Fire Resistive
Sae is "( indestructible or" Never needs rep~ineemlent or similar
statements which a re utr~ue, or unfair to ~the public, or create a false
sense of permanent security.
(h)j Defaming his competitors or heir~i products by adlvertising,
exhibition, or publishing information ;in any~ form of atlleged or
actual failure of such competitors' products.
(1) Selling any indu~stry products witifth. an responsibility except
tha for one~ yerar ai M~embert of thi Industry mnay bea res~onsib~le for
defective materials and worlananship,; but such responsibility shall
onrly apply in the event; that the part of the equipment involved has
not been serviced or altered by anly others than the MIember of0 the
I ndu~stry who sold such product.
(m) Claiming that a cClassified industry product. gives moare pro-
tfleetc~Io than: thlat. specified by ssi~d. classification.
(n) Failing to comply with any rule or regulation of the Code
Committee promullgatedt under the pow~ers and duties dlelegated to
it by this Codle.
SAictroN 3. Ats certain grades of fire resistannce, as classified hiere-
after, have been set up by the UJ.S. Bureau. of Standards, the Under-
writers Lanboatlories, and the Nat~ional Fire Protection Associationl,
which clas-sifications have been adopted by the Industry as its
standards, it shall be an unfair method of competition to o~ffeir for
sale or to hell, except as herein prov~ided, any industry product, unless
it has a label of permanent, nature appied to the outside face of said
safe: or container or to the, inside face of outer door,. prop~erly- classi-
fyving it in one of the following groups:
CLASS A OR FOUR-HOUR BAFE8
Safes bearing UTndlerwriters',; Bureau of Standards', or Manuface
tur~ers' certification for ;four-houlr fire protection with or without
Undelrwriters'' T-20 b~urginry or relocking label.
class B OR TWYO-HOUR SAFES
Safes bearing `Undlerwriters', Bureau of Standards', or Mlanufac-
tur~ers' cer~tification for two-hour fir~e protection, with or without
Underwriters T--2 bulrglary or relocking label.
OLAE88 O OR iNE-HOUR SAYES
Safes bear~ing UCnderw\Frit~ers', Buireau of Standards, or Manufalc-
turers' cer~tificationl for one-hour protection.
INSPECTED INSULATED OR 45~-MINIUTE SAFES
Safes bearing Under~writers', Bul~reu of Standards', or 1Manufac-
tur~ers' certification for 45-minut.e protection.
INSULATED SAFES OR CONTAINERS AFFORDING LESS THAI~N 45 MINUTES
Such safes or containers must bear a label "L Not intended to pro-
tect valuable documents andl records."
CONTAINERS NOT INTENDED FOR FIRE PROTECTION
Thesce mus~t bear the. following label: This Container Not in-
tendled for Fire Protection."
INSULATED :FILING CABINETS (ISAFE FILES OR FIRE FILES), INSULATED
TRAYS, INSUTLATE~D RECORD DESKS, AND LIGHT INSULATED CONTAINERS
WUITH OR WVITHOUT H-ORIZONTAL( SIJDE-IN DO~ORS
Suchi products are not regarded as competitive with safes as they
serve an entirely different purpose. Such products must bear a label
indientinlg their degree of ~fire pr~otect~ion.
Vault doors have likiewise been classified and shall be labelled as
INSULAtTED VAULT` DOORS BEARING UNDERW'RITE~RS' OR MAZNU~FACTURERS'
CERTIFICATION (NOT INCLUDING BANKi AND SECURITY VAULT DOORS)
Vault doors bear~ing Underwriters or MR~anufalcturers' ce~rt~ifcation
for six hours.
Vault doors beariner Underwriters's or Mlanufacturers' certification
for four hours.
Vault doors bearing U~nderwriters or Manufacturers' certification
for two hours.
Vault doors bealring Underwriters or M~anufacturers' certification
for one hour.
Vault doors bearing U~ndlerwriters~ or M~anufact~urers' certification
for half hour.
UNINSULATED PLATE TYPE VA1ULT DooR (NOT ICNG;LUDING B.\NK AND"
SECURITY VAUTLT DOORS)--(NO'iT INCLUDING VAULT DOORS SOLD TCO TIEI
UNITED STATES G;OVERNMUENT)
As uninsulated plate ty'pe vault dooars are not intended for fire
protection of valuable records, documents or merchandise, they shall
be labelled as follows: Not insurlatedl for fire protection."
All others stock itemls shall be p~roperly classified in necodancee
with their retsistive qualities by thle Pla~nning and Classification1
Board ~of the Indlustry ard, be3 labelled acco~rdingly.
Nothing contained in thle above list of Unfair- Trade Pra~ctices
shall in anly manner affect or interfere with the making of quota-
tions or t~he mnllufacture under contract of Industry products, in
aLccor~dance with Fed!eral, State, M~unic~ipal or private specifications,
provridd hwethtshInustry prodcnlts shlnobeol
or offered for sale as a substitute for, or in competitio-n with Indurstry~
products of the standard classifications as abl:ve set forth.
ART~ICTz VIII-~X-ERB nKsAD DanarrGTows Norr CIOVERED Il PRICE
Each member of the Industry on the basis of cost as determined.
pursuant to paragraph (i), Section 6 of Article IV, shall include-
in his price the minimum adiditions to and the maximum reductions
fromt the base prices of the various lines of industry products, whiich
maximum reductions and. minimum adldition~s a mesmbier of the In;-
dustry shall urse to determine the prices of variations fromt his bas
products, and makre inlforna~tion regardling each such sale available
to the Code Clommittee.
No~ item of industry products which is not covered' by the pub-
lishedl list prices of the mnunlfalc~tur1er th~ereof shall be soldl or offered
for sale in competition with a stock iteml at net prices, discounts, or
terms more favorable to the purc~haser than the most fav~orable pub-
lished discounts, terms, or net prices applying; to Ithe nearest comr-
paralile listed stock item.
ARTICLE X-A TIONOP~OLTES
No provision of this Code shall be so appTlied as to prlomlote monop-
olies or monopolistic practices, or to elimmal~lte, oppress, or discr~im-
inste against small enlterp~rises.
ARTICLE XI -PRICE IN(.HEAS~ES
Whereas the policy of the Act to increas~;le real pul~rchsngi!~ pow~r
w~ill. be mlade more difficult of consummatinni, if p~rices of good~s and
services increase as rap~idly as w~agesi, it is rc~ognized: that price in-
creases except. suchL as may be requlired to meet individual cost should
be delayed, bult when mladle such increases should, so far as possible,
be limritedl to actual additional inc~realse in the. seller's costs.
This Code andli all *Supplementailtry Provisions thereto shall expire
on June 16, 1935, or on the' earliet~ date prior thereto on which the
President shall by pr~ocllmat~ion, or the C'ongress shall by Joint
.Resolution, declare thtat the emrergetncy r~ecognized by Tit~le I of the
Act has end~edl.
SEC'TION 1.' This CodKe and all the provisions thereof are expressly
made subject to the r~igiht, of thle :Presidlent, in accordance wit~h the
provisions of subsection (b) of Section 10 of the Act, from t~ime to
timle to cancel or modify anly order, appr~oval, license, rule, or regu-
lat~ion issued under said AIct; and specifically, but without limitat-
tion,, to the right oif the Pr~esident to cancel or modify his approval
of this Code~or any condlitionls imposed by him upon his approval
S~a. 2. Such of the provisions of this Code as are not required
to be included hlerein by the .Ac~t may with the approval of t.he Ad-
mninistrator be amended as provided in ~Section. 3 htereof in suchl
manner as may be indicated by t~he needs of the public, by changes in
cir~cumnstances, or by experience; all of the provisions of this Code,
Imless so modified or eliminated, shall remain in effect until June
SEc. 3. An Amlendmlent may be proposed by any interested party,
either to the Code Committee or directly by or to the Administrat~or.
All p~roposedl Amendmentst shall be referred to t~he Code Committee,
who shall give M~emnbers of the Industry an opportunity~ to be heard
ther~eon; and thereafter the Code Committee shall mare: such ree-
ommendations thereon as is deemned proper; provided, however, that
when approv-ed by the! AIdminis~~rtrator as necessary to, effectuate thle
policies of the Act, after such notice and hearing as h~e may prescribe,
any proposed ALmeltndmren shall t~hereupon become effective as a
part of the Code.
SEC. 4. The Codee Comnmittete may make recommendations for
modifications of this Code to t~he Administ~rator which shall become
effective as a ~part of this Code upon a~pprovnl by the Administrator
after such notice and hearing as he mayv prescribe.
Approved Code No. 88-Supp~leemen No. 1.
Registry No. 118S3--16.
FieRE ISTBIsVE 8BA~FE DIVIsION SUTPPLEMEENTAL CODE
INDUSTRY BASE PRODUCTS
The Industry base products are hereby listed as follows:
F'ire Re~sistive Safes
Insulated Viault Doors (not including bank and security vault doors)
Insulated Filing Cabinets (safe files or fire files)
Light' Insulated Containers with or without horizontal slide-in doors
Containers not intended for fire protection
Uninsulated Plate Type Vault Doors (not including bank and security
Insulated Record Desks
Burglary and robbery resistive chests and lockers (except for bank use)~
Revision of this list may be made from time to time by the Code Committee or
by the Aidministrator at his discretion.
DIM'INITION OFr CUSTOMERS
Exolzsiv~e Dealer.--An exclusive dealer is a retailer (indivTidual, firm, or
corporation) with whom a member of the Industry has a written agreement
giving the dealer :
(1) Sole selling rights of all or part of his line in a desfinedl territory.
(2) Assistance in. actual resale of merchandise.
53) Complete complement of literature, adv\erthingu aids, etc., necessary for
promotion of resale of merchandise covered, and giving the member of the
(a) Amzple display representation;
(b) Ample stock: representation;
(c) Exclusive sales representation;
(d) Complete co-operation in manintainin selling policies of the member of
Nonl-E~rclursire Dealer.--A non-exclusive dealer is a retailer (individual, firm,
or corporation) who maintains a place of business for the resale of industry
Retail Buyecrs.-A retail buyer is a purchaser of definite quantities of IndusE-
try plrodurcts for his use and consumption anld not for resale.
Jobber.-A~S jobber is anyone who engages in the sale- of industry products
at retail or to retailers, but who does not maintain more than four salesrooms
and one warehouse.
Brokcers.--A broker is anyone, other than above defined, wcho purchases
Industry Products for resale at retail.
The discounts as provided in Article VII allowed to each of the above-defined
classes of customers shall be applied to all list prices published under the provi-
sions of said Article, and shall truly represent variance in. cost of distribution
to thie ultimate consumer.
Terms of sale for all Industry Products shall be as follows:
(1) Wth~olesale Sales.--All classes of purchases, 2%r-1-0th prox. net 30th prox.
(2) R2etail Hales.-No discount for cash.
(8) Deferred Payments.--Maximum, 12 months, with down payment of 10%1
with. order and 1C0% ont delivery and 6%0 to be chal~rged on deferred payments.
UNIVERSITY OF FLORIDA
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