WE DD OUR PA~RT
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 84--Supplement No. 41
Registry No. 1118--1--02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
OPEN STEEL FLOORING
(A Division of the Fabricated Mletal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON JULY II, 1934
This publication, is for sale by the Superintendent of Documents, Government
Printing Office, Wiashington, D.C.,, and by district clfli~ces of the Burealu of
Foreign and Domestic Cormmerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIIERCIE
Atlanta, Ga.: 504 Post OIffice Building.
Birmingrham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffa~lo, N.Y.: Chambller of Commerce Building.
Charleston, S.C.: Chamber, of Commerce Building.
Chicago, Ill.: Suite 1'706, 'I01l North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chanmber of Commerce Building.
Detroit, Mich.: 801 First :uNatcilnal Banki Building.
Houston, T'ex.: Chamber of Commlerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jackisonville, Fla. : Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broaldway.
Louisville, Ky. : 408 1Federal Building.
Memphis, Tenn.: 229 Fiederal Building.
Minnzeapolis, M\inn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
NewP York1, N.Y.: 7i34 Customhouse.
Norfolk, Va.: 406 East Pl1ume Street.
Philadelphia, Pa.: 422~ Commercial Trust Building.
Pittsburg~h, Pa.: C'hamber of Commlerce Building.
Portland, Oreg.: 215 N~ew Post Offi~ce Building.
St. Louis, Mo.: 506 O~live Str~eet.
San Francisco, Calif. : 313 CustQomhouse.
Seattle, WCash.: 809 Fe~deral Officer Building.
Approved Code No. 84--Supplement No. 41i
SUPPLEMENTARY CODE OF FAIR COMPETITION
OPEN STEEL FLOORING (GRlATING)
As Approved on July 11, 19341
APPROVINa SUPPLEMIENiTARY CODE OF FAIR COMPETITION FOR THIE OPEN
STEEL FLOORING, (G;RATING) MANUFACTURING: INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MNillrUFACTUTRING AND
METAL FINISHING AND METAL COA-TING'C INDUSTHYT
An application having~ been duly miade pur~suant to and in full
compliance with the provisions of jTi tle I of the Na~tional Industrial
Recovery Act, app~roved Junie 16, 19:33. andc in neccordIance with the
provisions of Section I of Article V~I of the Basic Code for the Fabri-
catedl M~etal Products Mannufacturing andi Metal Finishinga and Mfetal
Coating Industry, approvled November 2L, 1933, for approval of a
Supplemlentary Code of Fair Comp~ettiion for th'e Open Steel Floor-
ing (Grating) M~anufactuiring Indlustry; and he~ncingi having been
duly held thereon; andi the annexed report onl said Supplemecntary
Code containing findings with r~espectt ther~eto, having been made and
directed to the President:
NOW, THE~REFORE~, on behalf of the Pr~esident of the United
States, I, Hugh~ S. Johinson, Admiinistrator foir Indulstrial Recov\ery
pursuant to authority vested in mie by Executive Orders of the Pres-
ident, including Executive Ordecr N'o. 654;3-A, dlated December 30,
1933, and otherwise; do hereby incor~porate by reference said annlexed
report and do find that. said Sup~plementaryS C'ode complllies in. all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and do thereby ord~er that said
Supplemnentory Code of Fair Competition be anld it i~s: hrerby ap-
proved; pr~ovided, howrever, that th~e pro~visionsl of Ar~ticle VII. S~ee-
tion (a), insofar as they p~rescriber a waRitingr pel~rid betweerrn the tilingr
with the Supplemlentar~y Codle Aurthority (or sulch agn~icy as miay be
designated in the Sjupple~mentary~ Code) andt thec effective date of
73100* --82-3---2-2 3--- 1 (1)
price lists, as originally filed and/or revised priic~e lists or revised
terms and conditions ofY sale, he and they hereby are stayed pending
my further Order.
HuaIntI S. Jionisonu,
Admili ni tr~atojr for IndLTustrial R~ecovery.
Approval recommended :
BarroN W. M~URRAY,
Juliy 11, 17934~.
REPORT TO THE PRESIDENT
The lIfhite Hou~se.
Sm~: This is a report on the Supplemnentary Code of Fiair Com-
petition for the Open Steel Flooring (Grating) M\Ianufactu~ring
Industry, a division of the Fabricated Mletal Proucts M~anufactur-
ing and Mletal Finishing and Mfetal Coating Industry, the hearing
having been conducted thereon in Wanshington, D.,C., January 8,
19341, in accordance with the provisions of Title I of the National
Industrial Recovery Act.
The Open Steel Flooring (Grat~ing) Mlanufacturing IndustryS,
being truly representative of this division of the Fabricated Mietal
Products Mlanufactulring~ and M~etal Finishing and Metal Conting
Industry, has elected to avail itself of the option of submitting
a Supplemlentary Code of fair practice, as provided for in Sjection
1 of Article VI of the Basic Code, for th~e Faibricated Mietal Prod-
ucts M~anufacturing and Mletal Finishing and Mletal Coating
Industry? approvedl by you o~n the second- day o~f Nov~ember, 1933.
RisnM$ O~F THE CODE
Article I states the purpose of thle Supplemientary Code.
Article II accurately defines spicific terms employed in the Sup-
Article III. This Industry is a division of the Fabr~icatedl Metal
Products M~anufacturing and M~etal Finishing and M~etal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplemnent~ary
Article IV' establishes a Supplemncitary Code Authiority consisting
of seven (7) members elected by the members of the Indlustry7 at a
meeting called by the Supplemientary Code Authority, one of whom
shall be chosen from non-mnember~s of t~he Open Steel ]Flooring ,Asso-
ciation or its successor and gives the Administrator the author~ity to
appoint one additional member without vote and provides machinery
for obtaining statistics and the administration of the Supp~lementary
Article V sets forthi the cost accounting procedure to be used by
the Industry upon thie approval of the Administrator.
Art~icle T VI prrrovide against sellingr products at less than cost to
Article VII provides for the filing of price lists and discount sheets
with the Supplemenltary Code Authority.
ALrticle VTIII sets forth the fair trade pr fc~t ices of this Supple-
men-tir~y Code which has been especially designed to effect fair com-
petition in this division of the Industrly.
Article IX provides against monopolies and Imonopolistic practices.
Article X; contains the mandatory provisions contained in Section
10 (b) and also provides for the submicssion of proposed amnendl-
ments to the Supphcllelf metay Code.
Article XII recognizes that price increases he limited to actual
additional increases in the seller's costs.
Article XII stattes the effective date and dlulationl of this Supple-
TPhe Assistant Deputy Administrator in his final report to ~me on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that:
(a) Said Supp~tllzlenetary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish th-e amount the~reof
anld will provide for the general welfare by prompting the organi-
zation of industry for the purposes of cooperative action am~long thie
trade groups, by inducing and maintaining united action of labor
and managl~ementllf under adequate governmental sanctions and super-
vision, by eliminating unf air com pet it i e practices, by promoting
the fullest possible utilization of the present productive capacity
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 relieving unempomnt yimrvn
standards of labor, and by otherwise rehablitating industry.i
(b) Said. Industry normally employs not more than. 50,000 em-
ployees; and is not classified by me as a major industry.
(c) TIhe Supplementary Co<1e as approved complies in all re-
spects with the pertinent provisions of said Title of said Act,
including without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, aznd Subsection (b) of Section 10 thereof; and that
the applicant association is an industrial association truly repre-
sentativ-e of the aforesaid Industry; and that said association. imn-
poses no inequitable restrictions on admission to membership
(d) The Supplemerntary Code is not designed to and will not
permilt monopolies or moonopoisstic practices.
(e) The Supplementary Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to
discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heardt prior to approval of said
F'or these reasons, therefore, I have approved this Supplementatry
Code, proviided, however, that thne provisions of Article VII, Section
(a), insofar as they prescribe a waiting period between the filingC
wvithl the Supplementary- Code ~Authority (or such agency as may
be designated in the Supplementaryg Code) and the effective date o
price lists, as ofjrignlly~l filed and,/or revlised price lists or revised
terms and conditions of sale, be and they hereby ar~e stayed pending
my further Order.
HUGH S. Jon xson,
Jou 11, 19:34.
SUJPPLEMENTARY CODE ~OF' FAIRi COMPETITION FEOR
THIE: OPEN STEEL FLOORING (GRATING) MNU~nFAC-
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
M~ZETAL FINISHING AND METAL COATING INDUSTRY
To e~ffectuate the policy of Title I of thle National Industrial Re-
co~very Act, the following provisions are established as a Supplem~en-
tary Codei of Fair Competition for the Open. Steel Flooring
(Grating;) Manufacturing IndustryS pursuant to Article VI of th~e
Basic Code of Ftiair Comp~etition. for the ]Fabricatted Metal Products
Manufacturing and Me~tal Finishing and Metal Coating Industry
approved by the President of the UJnited States on the second day
of November~PI, 1933, and the provisions of the Supplementary Code
shall be the standards of fair competition for this Industry and
shall be binding upon every member of the Industry.
ARTICLE I 1- TEEFINITTIONS
The trs:erm l" O ~.;pen Ste~,',~el looing Gaig auatrn n
Flooing(Gratingf), a structure consisting of metal strips, bars
and/or shapes placed on edge and held solidly in place equi-distant
from eazch other by means of cross bars or crimped bars secured to
the bearing bars by rivJeting,. interlocking or welding; except, holw-
ever, such open steel flooring (grating) platforms considered an
integral part of assembled machinery.
Te term employee "' as ulsedt herein includes anyone engaged in
the Industry in any capacity receiving compe~nsattion for his services,
irrespective of the nature or method of payment of such
The term "L employer as used herein includes anyone by whom any
such elnployee is comnpensated or emiployed.
The term member of the Industry as used herein includes, but
withlol t, limitation, any indi-vidual, partnership, association, corpora-
tion or other forml of enterprise engaged in the Industry either as
an employer or on his own or its own behalf.
The terms President ", "LAct ", and "Adlministrator as used
herein shall mean, resp~cctiv-ely the Presidelcnt of the United States,
Title I of the National Industrial Recov~ery Act, and the Aidminis-
trator for Indusr~trial Recovery.
The term Basic Code," as used herein, is defined to mean the
Basic Code of Fair Competition for the Fabricated Mletal Products
Manufacturinga and MectnI Finis~~ching and Metal Coating Industry,
as approved by the President on thze 2nd day of November, 1933.
Thle term "' Supplemlentury Codle Arthiority ?" as used here~in meacns
the agency which~ is to admIli nisfter th~is Supjplellnenturlly Code u1s herie-
ina after providedl.
Thle. term1 "Assoc'iatfion"' as usedl heretinl, is defiinedl to mean;ll theC OpenL
SCteel Flooring~ As~socriationr or its sulccessor.
The termi1 '; SuppIlemeiiintary~ 'code Conuntllte "~C1 is def'inedll to macnn
the Executivc 'colnunitteec of thc Assc~ciationl.
The termii Secreturv ".' is dlefined~ to miean thec S~cre~tary of the
Supp~l lnementar Coale Aulthority.
The termll F~'ederationl' a s ulsed~ herein~ is de~fined to :nwaln the
Fa~brientedl Meta~l Produclcts FedeCrationl or its SuIcce~-Ssor.
The termi '' 'confidential Agenlt '` u uusedl herein, is def~ined~c to melan
thle im partial nge~ncy designatedl by thle ulent Code
;ARTICLE III-EMIPLOYM~ENT PROV~ISIONSS
This Indu~stry) is a dlivision of thle Fabr~ientedl MeTttn1 Produtcts
Malnufactur~ingo and Mectal Finishing~ andl~ Metal Coating Industry~f'
cle III of its Basic C'ode as appr~iovedl by thc Pres~identl. NOvembrlll; 2,
1933, includling Section 1 of said Arlticle III, by which thte procvisions~
of sub-sections (1), (9:) andr (3) of Siection "7, (a) of TIitle I: of the
Act are made condition of thiZs Codle, are specificallynoprad
herein andl made a p~art hiceref us; the wage,! hour anda Inbor prod-t~
sions of this Suppllemelllntur Code.
A~RTIC'LE IVT-ORGANIZATION AND ADMINISTRATION
SECTION 1. During the p~eriodn niot to exceedl sixtyr (60) days follow-
ing thie effctive~ da~te of this S;upplemellnttary Cod~e the Supplemecnturly
C`ode Comlmittee shanll co~nstitute a Templ~o waryS SuppllementaryY Code
Authority until the ,Supp~lemnentary~ Code Au~thority is elected. There
shall be constituted w~ithin thie sixty-dayr period a LSulpplemlentary
Code Authlority consistingF of sev-en (7) members to be electedl by
the memllbers of~ thle Indullstry, at a meetingr calledc by the Temiporar y
Sup-plemelntury Cod~te Au~th~olrity, upon ten day's' notice sent by regcis-
tered mnail to all mnemblers of thle Indcustry' whos~ Inamess maly be as-
certainedl after a1 diligent search, wh-lo m1ay v.ote either in person or by
proxy. Thle membel~rs of thle Su~pplemecntary~ Codle Authority first
elected shlall serve until the followingr annual mneetingr of the Associa-
tion, and thlereafter members of the Supp~lemnlltalry Code AuthiorityI
shall be electedl by thle miembercis of the Indul~stry, at eachb annual mneet-
ing: of the Association to) serl'e until the follow~ingS annual meeting~.
The nmembers of the Supplmientary Code Authiority~ shalll b~e elected
in the followring manner:
(a) Onie miember~1 wh-o is a member of thle Industry shall b~e electedl
by a majority vote oif all1 mnemuber of thle Indus~try present in person
or by proxy, echc~ miembler to have one vote.
(b) O~ne member w~ho is a member)c1 of the IlduIStry but whlo is not
a miemberci of the Association sha~ll b~e electedl by a miajor~ity vote of
nil non-mnn~lembes of thle Association, present in person or by p~roxy,
each mnemlber to have one vote.
(c) Five members by fifty-one percent volte~ of members of the
Association, present in person or by proxy, weiglt~ed on thle basis
of one vote for each member and one additional vote for each five
thousand dollars ($5,000) of annual net sales in the previous canlendarl
yeazr reported to the TIempllorazry Suppl-,lnwlntn ry Codle Aiuthlority;
provided, however, that no one member may cast more than twenty
percent (20c/o) of the total number~~ of votes cast. No two mlem~bers
of the Supphonenturl~~ Iy Code Authority shall be connected with any
one member of the Industry.
iA vacancy in the mnembership of the Suppjcllementi a'ry Code! Auth~or-
ity shall be filled by a majority vote of the remaining members of
the Supplementary Code iAuth~ority; providedX, however, that the
member of the Supphl inl'lentarY Code Authority who is ch-osen to fill
such \urulnney shall be selected. from. the same class of membership
in which the vacancy has occurred.
InI addition thereto the Admlinistrator mary appoint a member of
the Supplementary Codle Authority who withouLt vote shall serve
w~ithlout expense to the Indusl~try, unless the Supplementary Code
Authority agreesc~ to pay such. expense. The representative who may
be alppointed by thne Admlinis I;trato shall be given reasonaclble notice
of and may sit at all meetings of the Supplementary Code A~uthority.
SECTION 2. Any3 Association directly or indirectly atcptn
in. the selection or activities of the Supplements ry Cyode Authoritypsriia~n
shall (1) impose no inequitable restrictions on admirission to mem-
bership, and (2) submit to the Ahdminis~trator true copies of its
Articles of Association, By-Lawxs, Regrulations and any amlendmenlclts;
when made thereb~tl-. together with such other information as to mlem-
bership, organllizntion, and activities as the Admclzinistravtor may d~eeml
necessary to effectuate t~he purposes of the Ahct.
Sver:IaI. I 3. In order that the Suapplementary Code Authority
shall, at all times, be truly r~eprese~ntaive of the Industry and in other
respects comply with the pro-visions of the Act, the Admln i itra~ntor,1
may presc'ib~e such hearings as h-e mnay deemr proper; and, there-
after, if he shall find that thle Supplemnentar~y Code Aulthor~ity is nlot
truly representative or does not in other respects comuply with the
provisions of the Act, mary require an appropriate~ modlifientior n of
the methlodl of selection of the Supplementary Code Authority.
Surr-loN 4. It being found necessary in order to ;zup~or~t the
amnlriit tration~r of this Supplemnentary Code and to maintain the
s-tandar(~1ds of fair competition esitablli.hed.c: hereunder and to effecrtuaete
the po(.lic~y of the ~iAct, the Supp~lementary Code Aiuthority is
(a) To incur suxch reasonable ob~ligaztions us~ are necessary anid
proerfor the foreg~oing purposes and to meet suchn ob~ligations
out of fundlcs which may be ranised_ as hereinaufter1 provided.l and
which shall be held1~ in trust.! for thie purp'l oses of the Su:1pplemlet ntary
(b) To submlit to the Adinilisttorto for his approval, .subject
to suchT notice and oppor~ltunity to be heard as he mayT deem nece~s-
sary: (1) an itrlmized budgeL~~t of its estimaltedl expenses for thne
for~ego~ing purposes, and (2) an equitable bas~is uponvl which the
funds necessary to support such budget shall be contributed b~y
members~(I' of th~e Industryr.
(c3) After suICh budge~Ct and basis of con~itr~ibioi~n hav~e beetrin ap-
provedl by the Admini~:te tor, to cletermline~ and1I obain equ'ltalble
cont r~ib ution1 a1s abov.c .-et forth Evg ull linemberi~l.s o the Trilln-tr, andi
lncltor~ tht n, if ncshary to insltitucfto ea pariceel~lling the seeftorn t
EaIich manber of the Truplu stcriiiy Cicl pa hristirt or its Iequ~itab on
rinbun io to th expegn se fth antni of the Suppal R~~, 2I\ ;t iiri:i I;llemn tar
Cp"o'er~ Authoity, dexet e lrmine ap hreiuoval oftl.provilled. and .-bjet
oto nrule and regsular lletions per~t airing therito i-. ne.1 the Adin-ii\
istrafor. Osnlylt lc l members of theInusry bomplying w~;irlth the Sup-
plementr ~~Code sharnll he~uol enitledr to\ partppave i hesleto
cofs mtuemter of tenl~~o Suphe mona~lllryCllo n1 thority or rtoy receive
Ccthe benefoits of a iny o its olntaIl~rrri ctiviti'rres or tosake uset of a
emble othr ineiniar of ter Na~t io cnailvc Reovr Adiitratio llcn.rln l
CoThe Suppleentary Code' hn Authority~~i sha l El neilthelr incury nor p
any hoblgaions i e xeci~l~Iessofu`I the ielcc numun theeofas c(.dinate in :it
ac IIPprovedi~ bu dget, lexetil upOnIC approvl ofth di tto firstS lrl ilulml
itemsn for expndiue~s in ces fpirbdetetmtsecp
thSEcI, whi the Adminisrleturato shll hae .itoitso.i:hl approved. c~l n ~ac
BSec Crlox 5. otincotane i nl~lilf~l 1 1;\ thi' Supplllt~lemetar Ce fl halillc
constictue therI? members of the Suplmetr CodeC. Auhrt at
nerrls for any puroe. Nor sha'cllll any~ member .\~lof the suppuleaentary
Ct od Authriy bdn Isel tlial in any mannrcir t ~ od a ny' o e for ay ate o
Code Athlorty nor shall any m t emr of'~I~ll the Supp~l~llementry Codeo
Authority, exriL ing' tl freaonubli uirligece I~\in the l codut of hisi
ui~eso~~ hreunde lr, be liale~ tonr anone for any~lll~ll aionl or omissio to~11~
SnEii~iCToN 6. TeSplmnayCd nhrt hl lof
timej To c~tuim furnll 11ish ;~' tof the Basic sf'! Code'] Ato ity le.-,iaedi~n n1aid
Baie~ot Coesuc inoraio a ay required- lrti~~i l~lalno to e f~ur~~cnished 1
SlrlllECTION~ 7. The Supp(lemetay, IlCodetl' Authorinty hlltl? have all
it tofllys adiise tiupplementuryColr.ll1 fl'lil ~1Codan ~flitoc; e nffetuate it
We ithout lrjimitt ion trov dc LI:th foregoing. j the i Iupp lemer ncntary Co
Autorit shall ~lcl have thenrr I foloin futher powersL~' and11 duties:l (I~
reciors tof ritsh proeure ndf t henn ndnx-iniistr~itatinc-. of the Suppl-
report s asl ae rqisored for anthe r admnisral~'tion ofll thels~l' Supe ntuy
other party except to such other Grovernmental agencies as maly be
d i 1(Itrect by the Admrli ni st en torl.
(c) To use such trade associations and. other agencies as it deems
proper for the carrying out of anly of- its netivities provided for
hlerein, provided that nothing heremn shall relieve the Supplementary
Code Authority of its duties or responsibilities under this Supp~le-
mnentary~ Code and that such trade associations and agencies shall
at all times be subject to andd comply with the provisions hereof.
(d) To makre reccommendationlti-lls to the Administrator for the co-
cor.1ina~tion of the administration of this Supp~lemlentn e~y Code with
such other codes, if any, as mlay be r~elated~ to or affect the members
of the Industry.
(e) To rtconunentc11 to the Admlinistra~tor further fair trade prac-
tice provisions to govern members of the Indlustry3 in their relations
with each other~l or with other Industr~ies and to r~econun~ilelll to the
Administrator measures for industrial planning, including stabiliza-
t~ion of elmploymenrlt.
(f) To provide appropIria~te facilities for arblitraltion of differ-
ences between members of this IndIustr:y, and subject to the Lpproval
of the Administrator, to prescribe rules of procedure and rules to
effect compliance with awards and determination.
(g) To appoint a Tradl(e Practice Comm-~itt-ee which shall meet
with the trade practice committees appointed under such other Codles
as muay be related to the Industry for the purpose of formulating
fair trade practices to go~vern. the relations between em~ployes~l under
this Supplementary Code and under iluchl other Codes to the end
that such fair trade practices mlay be proposed to the Admninistrator~
as amndmenttllcrl to this SCupple mentaryy Code and suclh other Codes.
SECTION 8. To the extent permitted by thze A~ct and subject to such
rules as the Administrator mnay prescribe, the Supplelme~lntary Code
Authority shall have power to inverstigazte all alleged comlal'lints
filed with it by one memlber or mlember1s of the Industry aganinst.
another member or members of the I~ndustry and to report thlereon
to the Adm~inistrator with its r~ecommilIltn -ent i ons .
SECTION 9. To the extet~lt pelrmitted' by the Act and subject to
such rules and regulations as the A~dministrator may pr1escr1ibe, any
or all1 information furn~lished3~ to the Supplemen~tary Code Authorit yl
by any member~c l of this Industry pursuant to the p~rov\isions of this
Suppilementary Code shall be subject to ver~ifientionl by an impartial
agency agreed upon by the Supp~~ll~lemnary; Code Authority and the
m1~~~embe of thle Industry in qulestion, and, failing such agreement,
such impartial agency shall be seleted by the Adminisl~tt~rat which
impartial agency may ~lchckl so much ofthe pertinent books, ac-
co~unts and records of such mecmberss of the Industry as may be
r~creqir~ed to -verify- the accuracy of the in~foJrmation so fur~nishedr~.
SECTION 10. If th~e Adminnistrator believes that any action of Ihe
Supplementaryfl l Code Ahuthority or any agency therreof is; unfatir or
unjust or contrary to the public inltereset, the ALdministrator may~
require that such action be ruspended to afford an opportunity for
investigation of the merits of such action. Further ne~tion by such
SuppZlementltn ey Code Aulthor~ity or agency'3 regasrding the ma13tter com-
p~lainled of may be taken if approved by the Administr~ator but
shall not be taken if disapproved by the Admninistrator within
thirty days of notice to him of .tintetionl to pr~oceed~ with such act~ion.
SECTI'ox 11I. Every emlnoy-er shall provide for the s~afetyI and
healthl of emp~loyeecs during the hours andl at thle places of their
employment. Standa~rdls for safety and( health .shall be submnitted d by9
the Supgplementaryl Co~de Aurthlorit y to the Admllinictrator withiin
three lonlthls after' theI effectiveC date of the Suppllenientur; Iy iCode.l~
AR~TIC'LE V-AC`CouSSnw .\h.o CommaN(
SECTION 1. Thle Supplleinecntur~y Codle Authority ilhall causei~ to be
formulated an accounting sysStemI and mnethlods of cost fininglil aId,/or
estimating capable of use by all members of the rIndustlry Ar~fter
surch system anld m~thlods have been formulated andl applrovedl by the
Admninistrat~or, full details concernIilgr them shall be made n\avilable
to all memb2er~s. Thlereafter all mlemlbers shall determine undlt/or
estimate costs in accordance with thne principles of such mcth~ods.
SECI'Plo 2. When the Supplem~entary Code Authorityl determines
that an emerg~ency exists in this Indulstryv and that the cause therleof
is destructive prie-cutting such. as to render ineffective or ser riously
endanger the maintenance of t~he p~r~ovision~s of this Supp~lemen~lturyt
Code, the Supplementar~y Code Authlority ma1y cause to be deter-
mined the lowest reasonable cost of the products of this Industry,
such determination to be subject, to such notice and hearing as the
Administrator may require. The Admlinistrato l i~r ma pprov~e, dis-
approve, or modifyr the dletermilnation. Thereafter, during thle pe-
riod of the emergency, it shall be ant unfair trade practice for any
member of the Inldustry" to sell or offer to sell any produCILCtS of th
Industry for which t~he lowest reasonable cost hlas been d-eterminled
at such prices or upon such terms or condlitionls of sale that thle
buyer will pay less thlerefor than the lowest reasornable cost of such
WVhen it appears that conditions have changed, the Supplementary
Code Authority, upon its own initiative or upon the request of aniy
interested partyr, shalll cause the deter~mination to be rev~iewed.
ARTICLE VI--ELSecus Br~Oow CosT
No emiployer shall sell or exchange or offer to sell or exch~anfe
any products of thiis Indlustry at a prices, or upgnl terms and coni-
ditions, which w~ill result in the pur~chas~er pay~ingS for the goods
received, less than the cost thereof to the sellers, d~etermninedA in
accordance w~ithi a uniform method2 of costing as described in Articl
V, Section 1 of this Suplplementury Code, provided, however, that
dropped lines, or seconds, or inventories which must be coner~ted
into ensh to meet emnergency needs ma~y be disposed of by any member
of this Industry, at any price andi on any terms and conditions,
but only if such member of thlis Industry, has prior to such dlisposal,
filed with the Supplemnentary Code Authority, or its Confidential
Agient, a statement in writing7, setig forth the fact of, and reasons
for, such proposed disposal; and provided furtherr, thant any member
of this Industry may sell below his costs in order to meet competitive
prices which dro not violate this Sup~plemnenaryr Code, and which
are filed in accordance with the provisionss of Article VII of this
Supplementary Code, or to meet competition from, products of
equivalent designl, character, quality, or specifications, manufactured
within or outside the United States, iprovided that he has first so
reported to the Supplementary Code Authority anld in such report
has cited the competition which caused himl to take such act~ion.
ART'IIC'LE VII[IPRICE LISTs
(a) Each mlemlber of this Industry shall within ten (10) days
after the effective date of this Supplemenmtary Code, publish anld
file wvith the Suppleme~tntar~y Code Authority through its Secretary
a net price list, or price list and dliscounlrt sheet, as the case may
be, individually prepared bly him, and in such form and for such
products as the Supplementary Code Authority may prescribe show-
ing his current, prices, or prices and di~scunts, andt terms of sale
and payment, and the SupplementaryT Code Authority through its
Secretary shall immediately send copies thereof to all known. manu-
facturers of such products. Such price lists shall be available to
all interested buyers at the office of the Secretary.
Revised price lists and/or d-isccounllt sheets and/or all other con-
ditions of sale malty be published and filed from time to time there-
after with the Supplemlentur~y Code Auth-ority through its Secre-
tnaryby any member of this Industry, but such revised price lists
ndor discount sheets and/or all other conditions of sale shall be
filed with the Supplemzentary Code Authority through its Secre-
t~ary and shall become effective ten (10) business days after actual
receipt by the Secretary. Copies of suchn revised price lists and/or
discount sheets and/or all other conditions of sale, with notice of
the effective date thler~eof, shall be immediately sent to all k~owrn
manufacturers of such products and shall be available to all inter-
ested buyers at the office of the Secretary and anly member of this
Industry may file, if he so desires, revisions of his price lists anid/or
discount sheets and/or all other conditions of sale, -which. shall be-
comne effective at the date when the revised price lists and/or dis-
count sheets and/or all other conditions of sale first filed become
effective, provided that he shall not establish, prices lower, nor dis-
counts geater nor conditions of sale more favorable than.~ those
conaind i te revised price lists andcl/or discount sheets and/or
all other conditions of sale first filed.
N~o member of th~e In.1ustry3 -who files new price lists as herein
provided shall make any announcement to the trade, either directly
or indirectly, by written or printed announcement or through sales-
men or other representattives, of the filing of such new lists before the
date on which the list is actually filed with the Confidenltial ~Agent.'
(b) If and when the Supplementary Code ~Authority shall de-
te~rmie that there orderly distribution and/or marketing conditions
require that certain products of this I~ndustry not now sold on the
basis of price lists wiith or wPith~out discount sheets or all other
conditions of sale or payment, should be sold on a price list basis,
and such determination is approved by the Adlministrat~or, th~en
each member of the Industry manufacturing the affected product or
products of the Industry shall within. twenty (20) days a~ftetr notice
of such determnliln t ion and approval file with the Supplemlentary Code
Authority net price lists or price lists and discount sheets contain-
'See paragraph 2 of order approving this Code. :
ing all other conditions of sale covering sulch products; and slc~h
price lists and.Aor discount sheets and/or other conditions of salle
may be thereafter revised the same as is provided in Section (a) of
this Article; provided. however, that th~e determnination of thle S
plemlentary Code Autho~ity to pinee any produlc~t of the Indcustr~y
(not now on a price list basis) cln a pI'ce list basis as p~rov\ided in.
this parazgr~aph (b) of Article VI[I shall nod t ec~ome e~ffectivec unrtil
two-t~hirds of the membe~trs of the Ind~ustry, whol are at that time
engaged in manufacturing such prodclucts, shall aff~irmativel~y conseni~t
that such determination be madle.
(e) Each member of the Indust~ry shall furnish th~e Supplelmentary
Code Authorit~y for distribution w-ithl such numlber of copies of
his price lists and/or discount sheets as the ~Sup~plzlentarry Code
Authority mnay prescribe.
(d) ;No member of the TInduistry shall sell, dlirectly or indlirc~tly,
by any means whatsoever, any product of the Indtustry cov-ered by
provlsions of this Article V7II at a price or at discounts or on c~ndil-
tons of sale other than those provided in his own current net price
lists, or price lists and discount sheets.
ARrICLE VIII -Usearm TRADE PRACTICES
Superseding all the Trade Practice provisions of Article: V of
the B~asic Code. F~or all purposes of this Supplemerntnry Codel, the
following described~ acts shall constituted unfair pracatices. Anyz
member of the Industry who shall directly or indirectly thiroughi
any offcer, employee, agent or representative use or employ anyl\ of
such unfair practices shall be guilty of a violation of this Supplle-
RULE 1. Fa 88 AdnzFFfie/Ry.-RO mnemler Of the Indu~stry shall putb-
lish advertising~ (whether printedl, radio, display or of anly other
nature), which is misleading or false in any mnater~ial particular, nIor
shall any member in any way miisrepresent any goods (includlingr hutl
without limitation its ulse, t~raldemark,~ grade, qult~y, qu~lantity, oririnl,
size, substance, chara~cter, nature, finishl, ma~terial, content or p~repa-
ration), or credit terms, values policies services, or thec nature or form
of the business conducted..
RULE 2. FU./88 Billiil.--NO member of the Industry shall kniow-
ingly withhold fromt or insert in any quota~tion or invoice any state-
ment that makes it inaccurate in anly mnt~eriall p~artiCularI.
RULE 3. /I~na'.U)Clura Labol~'ing.--No mnember~ of the Industrly hallf
brand or mar~k or paick any goods iiini anyannerl wh'lich is intendedc
to or does deceive or miisleadl purchasers1 w\ithi rc~leset to the blrand1`,
grade, quality, quantity, origiln. size, substances,, cha~c~ter, n~tu~re,
finish, material content. or p~reparantion of uchl gioods.
RUOLE 4. 7InCotairi Reference8. f0 Competc~itor.s.--No membcr of the
Industry shall by advertising or any other mecans refer ilnverau;tely
in any material p~articullar to any completito-rs or their golods, prices~,
values, credit terms, policies or services.
RULE 5. Threat~ls of Law) ,Cuits.--No mn~~embe of thre TnIndstr'y 5hall
publish or circulate unjustified or unwanrrantede threats of legal pro-
ceedings which tend to or have the effect of harassing comp~etitors or
intimidating their customers. Failure to prosecute in dlue course
shall be evidence that anly such threat i.- unwarranted or unjustified.
RULE 6. Bec~ret ~Rebates.-NPo member of the Industry shall oflFer
or make any paymllent or allowance of a secret rebate, refund, coma-
mission, credit, unearned discount or excess allowance for the pur-
pose of influencing a sale, whether in the form, of money or other-
wise, nor shazll a mnemxber of the Industry secretly offer or extend
to any customer any special. service or privilege not extended to all
customers of the samel class.
RULE ri. XeC lng p ON COns8/gnm/7en.-No-N member of the Industry
shall ship goods on. consignment except under circumstances to be
defined by the Supphamenclltary~ Code Authority and approved by the
Admninistrator, where peculiar circumstances of the Industry require
RULE: 8. BRibinglr Ezp~loyees.--No member of the Indusltry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of ainy em-
ployee'c, agent or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such. agent
or the! represented party, wYithout the kinown~ledge of such employer,
principal or party. This provision shall not be c~onstl~rue to pro-
hibit free and general distribution of articles commnonly used for
advertising except so far as such articles are actually used for com-
mnercial bribery as hereinabove defined.
RULE: 9. IR/6T/878enc wCidit An ot72er'8 Con tracts.--No member of
the Indusltry shall attempt to induce the breach of an existing con-
tract between a competitor and his customer or sourc~e of supply;
nor. shall any such member interfere with or obstruct the perform-
ance of such contractual duties or services.
RUL~E 10. Coercion.--No member of the Industry shall require tha-t
the purchase or lease of any goods be a, pre-requisite to the purl!chase
or lease of any other goods.
]RULE 11. S$%68 itU~iOn.-NN o member of the Industry shall furnish
articles more or less exp~ens~ive, of better or inferior quality, or of
larger or smnaller size than specified, without making the proper
adjustmlents in the quoted price and clearly indicating the nature
of the substitution.
RULE 12. Lu/mpD Sum Bids and Cont~racts~.-No mlembjer of the In-
dustry shall submit a bid or bids for two or more commodities, (one
of which is Grating), in which the unit price of each. commodity is
not clearly stated, or accept orders or contracts for sale at a lump
sum where the contract does not specify the exact quantity, quality
and unit price of the product purchased.
No provision of this Supplementary Code shall be so applied as
to permit monopolies or mnonop~olistic prIac~tices, or to elimlinate,
oppress or discriminate against small enterprises.
SECTION 1. As- provided by Section 10 (b) of the Act, the Presi-
dent may from time to time cancel or mnodify any order, ~roappovl
license, rule or regulation ise ne il fteAt
SEC'TION ii). Tlljs S11PI'Plemll iaryJ COdeC, except, as to provisions re-
quirel~d by the. Act, may. be mlodifiedl or amlende~d on thle basis of
exp~er~incr e or changel~s inl circ~umsita nces, such, mlodificat ions or amenrid-
mnlrts to be based11 upon application by the Supp,-,.lemntarynl~ Code
Aulthority or other representativei\.c groupl within the Ind~ustryJ to thle
Admlinistrator and such notice andherin.tIc~~~ g as hie shanll speccify and
to becomelt effecctive on appr~lova~l by' the Admllini trator.
ArrrIcaL XI: -PRICE INChE(IAYES
WhVlereas thle policy' of the At~ct to increacse real p~urchasingi polver
will be madetc mor,1e difficult of consunnulat ionI if prices of goods and
services increase as rap~idly as w-nges.i, it is r~ec~ognizedl that price
increases except such as may be requ~ir~ed to meet individual costs
should be deluvedet, and whlen madec such increases sh~ouldl, so far as
possible. be linllitedl to actual additional increases in the seller's costs.
Ane XIEFFEC'IVEI DATE AND Dca.
This Supplrementary Code shall become effective at 12:01 o'clockr
A.1\L, on thne tenth day after it is aypprovedl by th~e Precsident and shall
continued in effect until June 16, 19335, or the earliest dlate prior thereto
on which thle PresidentC shall, by pr~oc~lamation, or the Clongressi shall,
by joint resolution, dleclarle that the lemegrgen1cy recognFiZed by Section
31 of the NPiational Indlustrial Rtco~very A1Cct has ended.
Approved Code No. 84Q--Supplement No. 41.
Registry No. 1118--1-02.
UNIVERSITY OF FLORIDA
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