NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 5, 1934
D~r: M M ER
Approved Code No. 127l-Amendment No. 1
Registry No. 1118--08
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Approved Code No. 127---Amendment No. 1
AMENDMENT TO CODE OF ]FAIR COMPETITION
REINFORCING MATERIALS FABRIC~A~TIG
~As Approved on October 5, 1934
APPRVIo AMENDMENT TO CODE OF FA~IR COMPETITION FOR THE
R~Naroom 1MATRALS FABRCATIG INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I: of the National- Indus~trial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to. a Code of- Fair Competition for the Reinforcing Miaterials
Fabricating Industry, and opportunity t~obe heard having been given
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOWC, THEREFORE, on behalf of the President of the Unitedt
States, the National Inldustrial Recovery Board, pursuant to au'thor-
ity vested in it by Executive Orders of the President, including
Executive Order Nio. 6859, dated September 27ith, 1934, anxd other-
wise; does hereby incorporate by reference, said annexed report and
does find that said amendment and the Code as constituted after
being amended comnply in all respects with the pertinent provisions
a~nd will promote the policy and purposes of saidl Title of said ASct,
andl does hereby order that said amendment be and it is hereby ap-
proved, and that the previous approval of said Code is hereby modi-
fied to include an approval o~f said Code in its entirety as amended,
such approval and such amendment to take effect fourteen (14) days
from the date hereof, unless good cause to the contrary is shown to
the National Industrial Recovery Board, before that time and the
Board issues a subsequent order to that effect; provided, however,
that Section 5 of Article V7 be deleted in its entirety and a new See-
tion 5 of Article V be inserted wjlhich is as follows:
SEc. 5. The expenses and reserves which shal be assessed against
each member of the Industry shrall be based on thae proportion which
the value of shipments of reinforcing materials of such member
8971 2244-15i-----34 (1)l
bears to the total value of shipments .of reinfo~rcinga materials of
all members of the Industry in. the same current accounting period
as determined by the.'Board of Directors."
NAI~aONAL INDUSTRIAL RECOVERY BOARD
By G. A. LYoN~f, Admlinistrativue Officer.
W~CIrEIR G. HOOKE,
Acting Divisionz Admi~nistra~tor.
WASHINGTON, D. C.,
October 5, 1934.
]REPORT TO TH-IE PRESIDENT
Thre Wheite Hoause.
Sm: A application has been duly made pursuant to and in. full
compliance with the provisions of the ~at~ional Industrial RIecovery
Act, for amendment to the Code of ]Fair Competition for the ]Rein-
forcing MSaterials Fiabricating Indulstry, submitted by the Code
Authority for said Industry.
The purpose and effect of the deletions and amendment as sub-
mitted are to revise the Code in conformity with the standard re-
quirements for control by the .Admlinistration of th action. of the
C'ode Authorit~y, and for the. insertion in the Code of the standards
mlandatoryp clauses for the basis of assessment and contribution.
The Assistant Deputy Administrator in his final report to TPhe
National Industrial Recovery Board on said amendment to said Code
having found as herein set forth and on the basis of all the proceed-
in gs in this matter:
It is found that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of th~e
National Industrial Recovery ~Act :including the removal of obstruc-
tions t~o the free flow of interstate and foreign. commerce which tend
to diminish the! amlount thereof anrd will provide for the general wel-
fare by promoting the organization of Industry for the purpose of
cooperative action among trade~ groups, by inlducing and miainitaining
united action of labor andl management under adequate governmentali
sanction and supervision, by eliminating unfair competitive prac-
tices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoidinga undue restriction
of production (except as may be temporarily requiredl, by increas-
ing the consumption of industrial and agricultural products through
increasing purchlasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
(b) The Code as amended complies in all respects with t~he perti-
nent provisions of said Title of said A~ct, including without limlitat~ion
sub-section (a) of Section 8, sub-section (a) of Section 7, and sub-
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are naot designed
to and will not permit monopolies or monopolistic practices.
(dl) The amnendmnent and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) 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, thereforet, said amendment is hereby approved.
NATIONAL INDUSTRIAL~ RECOVERY BOARD,
By G. A. LawC,' Admlinjr~istativeC Officer.
OCTOBcER 5, 1934.
AMENDMENT TO CODE O]F FA~IR COMhlPETI"TION FiO]R TH-IE
REINFORCING MATERIALS FAB~RICATING- INDUSTRY
Delt in Executive Order the followingwrs
"provided that the following be added aors scin8o ril
of thle code.
"' The ~Board of Directors shall have the powers and duties else-
where provided in this code, subject to thme right of the Adminis-
trator, on review, to disapprove or modify any action taken by the
Board of Directors '"
Delete: section 8 of article V in its entirety, wFchich. is as follows:
"L SEC. 8. rhe 1BOard of Directors shall have the powers and duties
elsewhere provided in this code, subject to the right of the Adminis-
trator, onr review, to disapprove or modify any action taken by the
Board of D~irectors."'
Inlsert as new section 8 of article V the following:
SEC. 8. If the National Industrial REecovery Board shall at any
time determine that any action of a code authority or any agency
thereof mayr be unfair or unjust or contrary to the public Interest,
the Natiolnal Industrial Recovery Board may required thiat such action
be susp~endled to afford an opportunity for investigation of the merits
of such action and further consideration by such coder authority or
agepncy pndningr final action which shall not be effectiv-e unless the
National Industrial -RecoveryF BIoard approves or unless it shall fail
to disap~prove after thirty days' notice to it of intention to proceed
with such action inl its original or modified formn."
Insert at end of article V~t the following as sections 9, 1l0 and 11:
"L SEc. 9. 'It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair comlpeti-
tion established her~eundler and to effectuate the policy of the Act, the
Code Authority is authorized:
"' (a) To incur such reasonable obligations as are necessary and
proper for the fortgroinga purposes, and to meet such obligations outl
of funds which may be raised as hereinafter provided and which
shall be held in trusi: for the purposes of the Code.
"L(b) To submit to the NlrJational Industrial Recovery Board for
its approval, subject to such notice and opportunity to be heard as
it may deem necessary (1) an itemized budget of ;ts estimated ex-
penses for the foregoing purposes, and (2;) an equitable basis upon
whichl the funds necessary to support such budget shall be con-
tributed by members of the Industry;
"(c) After such budget and basis of contribution have been ap.
proved by the National Industrial Recovery ]Board, to determine and
obtain equitable contributions as above se~t fot by all members of
the Industry, and to that end, if necessary, to institute legal pro-
ceedings therefore in its own name.
UNIVERSITY OF FLORIDA
1111 ll i I l illlll ll I1 l lill ill ill 1 |lill
6 3 1262 08856 1088
SEc. 10. Each member of the Industry shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the National Industrial
Rllecovery Board. Failure to make payment thereof, after proper
notice, will render a member of the Industry liable to appropriate
legal proceedings. Only members of the Industry complying with
the Code and contributing to the expenses of its administration as
hereinabove provided, unless dulyT exempted fromn makinga such con-
tributions, shall be entitled to participate in. the selection of mem-
bers of thle Code Authority or to receive, thne benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery ~Administration.
SEc. 11. The Code Authority shall neither incur nor pay any obli-
gation substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
National Industrial Recoveryr Board; and no subsequent budget shall
contain any deficiency item for expenditures in excess of prior budget
estimates except those which the National Industrial Recovery Board
shall have so approved."
Approved Code No. 127--Amendment No. 1.
Registry No. 111&-08.