Code of fair competition for the horseshoe and applied products manufacturing industry as approved on March 8, 1934

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Material Information

Title:
Code of fair competition for the horseshoe and applied products manufacturing industry as approved on March 8, 1934
Portion of title:
Horseshoe and applied products manufacturing industry
Physical Description:
p. 551-563 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Horseshoes -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Corrected Print."
General Note:
"Registry No. 1101-03."
General Note:
"Approved Code No. 325."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952392
oclc - 63655126
System ID:
AA00007041:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



HORSESHOE

AND ALLIED PRODUCTS

M~ANUFACTU RIN G INDUSTRY


1' I
For sale by the Superintendent of Documents, W'ashington, D.C. -Price 5 cents


Approved-Code No. 325


CORRECTED PRINT


Registry No. 1101--03


AS APPROVED ON MARCH 8, 1934


4.1111 V.rT b.'" DO OUR PART




U.S. WEPOgtTOrY/


UNITED STATES
COVERNMIENT PRINTING OFFICE
WASHINGTON : 1934


























This publication is for sale by the Superintendlent of Dlc~umlents, Government
Printring Office, Was.-hington~, D.C.. and by district offices of the B~ureau of
Foreign and D~omestic Comnmeree.
DISTRICT OFFICES OF THE DEPARTMENT OF COMIMERCE
Atlanta, Gu1.: 504 Post Office Building.
Birmiirghamj Ala.: 25'i Federl~n Building.
Roston, Mlass.: 180j1 C'ustombouse.
Buffalo, N.Y.: Chaml.er of Commerce Building.
Charleston, S.C.: Chamber of Comm~erce Building.
CIChicgoIll. Su Rite 17F16, 201 North Werlls Street.
Cleveland, Ohio: Chamber of ~ommler~ce
DalluIs, Tlex.: Chamber of Commerce Building.
Detroit, M~ich.: 801l First N~ational Bankl Building.
Houston, Te~x.: Chamber o~f Clommerc~e Building.
Indianap~olis, Ind.: Obumber of Commerce Buddting.
Jacksl;ronille. Fla.: Chambe~r of Commerce Building.
Kansas City, Mo.: 1028 Baltimor~e Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, KEy.: 408 Federal Building.
1Memphis, Tenn.: 2209 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
Newr Orleanls, La.: Rooim 223--A, Customlhouse.
New York, N.Y.: 734 C'ustombouse~.
Norrfo~lk. Va.: 406 East Plume Street,
Philadr~elp~hia, Pa.:42 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of CIomme~rce Building.
Portland,~l Oreg.: 215 New Poslt Office Building.
St. Louis, Mlo.: 506i Olive Street.
San Francrisco, Calif.: 310 Clitulltomouse
Seattle, W'ash.: 809 Federal Office Building.











Approved Code No. 325


COD)E OF FAIR COMPETITION
FOR THE
HORSESHOE ANJD ALLIED PRODUCTS
MANUFACTURING INDIUSTRYZI

As Approved onr Mlarch 8, 1934

ORDER

APPROVING( CODE OF FAIR COMPETITION FOR THE HORSESHOE AND ALLIED)
PRODUCTS A~fANFAC'TUrRING INDUSTRY
An application having been duly madle pursuant to and in full
comnpliance with the provisions of T'itle TI of t~he NSational Industrial
Recovery Act, approved June 16, 1933, for appr~oval of a Code of
Fair Competition for the Horseshoe and Allied Products M~anufac-
turinga Industry, ~and hearings having been duly held thereon and
the annexed- report on said Code, containing findings with respect
thereto, having been madle and directed to the President,:
NOW, THE~REFORE, on behalf of the President of the United
States, I, HUGH S. JOHNSON, Admninistrator for Industrial ]Re--
covery$, pursuant to authority vestedl in me by Exec~utiv~e Orders of
the President, including Executive Order ~No. 6543~-A, dated
Dc~cc~nembe 30, 1933, arid otherwise; do hereby incorporate by refer-
e~nce said annexed report and do fCind that said Code complies in all
respects with the pertinent provisions and will promote the policy
and purp~o-es of said TPitle of said Act: and do hereby order that
said Code of Fair Comnpetition be and it is hereby approved; pro-
vided,, however, that the provisions of Article VII, (Section 1)
insofar as they prescribe a waiting period between the fling with the
Code Authority and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed pending
myI further Order either within a period of sixty days from the ef-
fective date of this Code or after the completion of a study of open
price associations now being cond~uctedl by the ]National Recovery
Administration; provided, further, that Section 2 of A~rticle VII
be deleted in its entirety fromn the Code.
HUan S. JoHNISON,
Administratfor for Ilnduetrial Recovery.
Approval recommended :
W'. A. HARRIMArN,
Division. Adm-in is trator.
IV ASHINGTON, D..0,
MVarch 8, 1934t.


452141"---423-47 34


(551)












REPORT TO THE PRESIDENT


Thle PRESIDENT
The Il'/lte Hiouse.
SmR: This is a report on the Code of Fair Clompletition for thle
Horseshoe and Allied Products Mannufacturing Indlustry, thle hiear-
ing~ having been co~nductedl thereon in Wa~shington. D.C., on Janulary
9, 19,34, in. necoirda- nce with th~e provisiolns of thec Nat~iolnal Indutia~l~t
Recov-,Fery Act.
ni~sem&l OF CODE AS TO WAG:Es AND) HOURS
Thijs Codel~- prov\idets that the nolrmal numbnler olf wvorkinal~ hours
shall be 8 hiour~s per dany and 40 hours per week. eucep~t that. employees
may work not. exceelinlg 48 hours a week; for four weeks in any six
months' per~iodl. Thellse provisions apply to all c~la~sss of emliployees
except those emlployed in mianagoerial, executive, supervisory or tech-
nicalf capacities rece~ivmng not less than $35.00 per week, field service
men, employees engaged in emergency r~epa irs and wa tchmen.
Wa~tchmnen are not permitted to work more than 48 hours per week.
The minimum hlourly rates in plants locatedl in the North are forty
(40) cents per hour for males and femlales in all brannches of the
Industry, except the HEorseshloe Nail branch~. Thle minimuml rate inz
the Horseshzoe Nail branch shall be at thle rate of forty (40) cents
per hour for manless and thirty-five (35) cents per houir for females,
and in plants located inl the South~ the said mninimumln hourly rate
shall be thirty (30) cents per hour for both mlale~s and: females.
Thie miinimumn weekly wage is $16i.00 with reception of wratchmlen,
office boy~s and girls whrlo shall be paid not. less than 80'"o of the muini-
mum rante.
Equitable adljustment s are to be madre of all wa;gee rates above said

Child TLaor is pro''hibited and no p~er~son ulnder 18 yearl's o~f age shanll
be emiployed in a hazard~ous occupation.
GENERAL STATEMENT
The Horseshoe anld Allied Products Alanlufa~cturing Indlustry as
defined in the Code includes the manurfactur~e and sale of shoes for
horses and mules, drop forged drive and screw calk shloes andl calks
and rubber calks, tools malnufalctur~ed specifically f~r installing
drive calk and screw calk; shoes, rubber filledl horseshoes, rulbberz
hoof pads for horses and mules and horseshoe nn~ils, and its culstomuers
are, therefore., jobbers in blacksmith~ supplies andi blacktsmiths.
The investment in. thne Industry was appr~oximately $18,000,0100 inl
1928Y anld $15,000,000 in :1933 and the wafge earners in normal times
number about 3,000 people, while the. total annual payroll wans not
available the average annual wage was nearly $1,400 in most of thie
northern plants.






553


Due to thle automobile the produlctionl of the I~ndustry has droplpedt
considerably in th~e last decade; th~e value of production in 1928 being
$;8,000,000C while in 1933 it wpas only $4,000,000. Ope~rationls in 1998i
andi 1929 were 23%~ of total clpac'ity; in 1930, 22%"/ of total capancity;
inl 1931, 199c of total capacity; in 1932, 10" of total capacity and
in 19333 about 141j9l o-f total e~lnpnityt.
I believe that the Code is fair to Industry, to Labor and to the
Public, and is in acc~ol~lrdnc with the intent and purpose of the
~National IndlustrinII Recovery Act.


The D~epult Admlinis~trator in his final report to me on said Code
hav\inlg found as herein set forth and, on the basis of all the prc~leedl-
mngs in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the N~ational Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and fo-reig~n
commllerce which tend to diminilsh the amount thereof anmd will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing andl maintaining united action of labor and management
u~nder adequate governmental sanctions and supervision, by eliminat-
ing unfair completitive practices, by promoting the fullest possible
utilization of' the present productive capacity of industries, by avoidl-
ing undue restriction of production (except as may be temporarily
requiredd, by increasing the consumption of industrial and agricul-
tural prodlc~ts through incrensing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and;
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
p~loyees; and is not classifiedl by me as a major industry.
(c) Thle Code as approved complies in all respects with~ the per-
tinelt pr~ovisions of said Title of said Act, including without limita-
tion Sub~section (a) of Section 3, Subsection (a) of Section 7i, and
Subsectionl (b) of Section 10 thereof ; and that the applicant group
is an industrial group truly repr~esentatie, of the aforesaid industry;
andl that said group imposes no inequitable restrictions on adm~ission
to memblershlip therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code. is not designed to and will not eliminate~ or oppress
small enterprises and will not operated to dliscrimina7te. against, 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
Code.
F~or these reasons, therefore, I have approved this Code; provided,
however, that the provisions of Section 1, A5rticle VI[I, insofar as
they prescribe a waiting period between the filing with the Code
Authority and the effective date~ of revised price lists or revised terms







554

and conditions of sale he and they are hereby stayed pending my
further Order either wIithin a per~iod o~f sixty days from the effee~-
tive date of this Code or after the complletion of a stuldy of open
price: associatiosns nowup being condurctedl by the National Recovery
Admllin istra tion.
XRe-pec't fully,
TIIuGH S. Jonxs~oN.

Man~rce 8, 19,34.













CO)DE OF FAIR COM~PETITION FOR T]HE HORSESHOE
AND ALLIED P'RODUTCTS MA~NUFALCT DURING INDUSTRY

.ARTICLE I

.For the purpose of effectuatingr the policy of Title I of the
National I~ndustrial Recovery Act, in its relation to the Horseshoe
and Allied Products manufacturing Industry, the followTing pro-
visions are hereby established as constituting a Code of Fair Com-
petition for the said Industry, and its provisions shall be standards
of fair competition for thne Industryr and shall be binding upon every
member thereof.
A HTICLE II -DEFINITIONS

(a) The term. Horseshoe and Allied Products Manufacturing"
IndustryS,"' as used in this Code,shlinudtemnuaurad
sale of :
1. Shoes for Hor~ses and Mules.
i2. Drop Forged Drive and Screw Calk Shoes and Calks andl
Rubber Calks; and tools manufactured specifically for installing
Drivie: Calk and Screw Calk Shoes.
3. Rubber Filled H~orseshoes.
4. Rubber H-3oof Pads for H~orses and Mules.
5. H-orseshoe Nails.
Said term. shall not include blacksmithing.
(b) The terma Member of the Industry includes, but without
limitation, any individual, partnership, association, corporation, or
other formr of enterprise engaged in the Industry, either as an em-
ploy~er or on3 his or its own behal~f.
(c) The term employee as used herein, includes any and all
persons engaged in. thle I~ndustry, however compensated, except a
member of the I~ndustry.
(d) Trhe termzs "Act and '"Administrator as used hereinl, mean
respectively Title I of the National Industrial Recovery Act, and th~e
Administrator for Industrial Rtecovery.
ARTICLE III1-H]ouns or Lanon
SECTION 1. On. and after the effective date, no employee shall be
permitted to workr more thanr 40 hours per week, or more than 8
hours in any one day, except. as hereinafter provided. This re-
striction as to hours shall nlot apply to conditions of peaks demndnc
for four (4) w~eeks in any six months period beginning January
first and July first of each y~ear, but not in excess of forty-eight
(48) hours per week.
SECTION 2. The aforesaid limitations as to hours of labor shall
not apply to persons who earn not less than $35.00 per week, em-
ployed in a managaerial, executive or supervisory capacity, and,/or
(555)







556


in a technical capacity, and /or as field service men. The aforesaid
limitations as to hours of labor shall also not apply to commercial
travceling salesmlen or watchmen; nor to emlployees engaged in
emnergency maintenance or repair work; provided, however, that, in
su1ch enSes of em~ergency, maintenance or repair wor'k, all work done
in excess of 8 hours p~er day shall be compensat~ed at a rate of not
less than one and one-half times the normal rate of each workman
so e~nngaedl.
SECTION 3. On andi after th~e effective date, no accounting, cleri-
caL, or other office emp~loyees shall be permittedl to w~ork mlore than
40 hourlls pe w~eek, nor inore than 8 hours in any one day, except
asi otherwise~ prov)ided in Sectionr 2 of this Article.
SccTorro 4. The provisions of thlis A:rt~icle shall not applyl to watch-
me~n, but watchmen shall not be permitted to work more than forty-
eight (48) hI~ours in any onre week.
SwINo 5. No emploe shall knowinglyg permit any employee to
work for any time which, when totaled with that already performed
writh another employer or employers in this Indust~ry, exceeds the
maximum peclrmitted- herein.
SECTION 6j. All employees who work more than the normal num-
er noe thour phe r dy (8) in any twenty-four (24) hour period or
moretha th nomalnumber o~f hours per week (410) in any seven
days~', shall be paid time and a half the .normal rate of pay for such
excess. Such overtime shall not exrceed eight (8) hours in any one
week, except .in cases of emnergaency maintenance or emergency re-
pair work. This rSection shall not apply to employees specified in
Section 2 of Article III (except, employees engaged in emergency
maintenance or repair wvofr).
Anriia IV--WAGdES

S~ECTION 1. On and after the effective date, the minimum wage that
shall be paid to employees by- members of the Industry in plants lo-
cated In the North sha~ll be at the rate of forty (40)) cents per hour
for males and females, in all branches of the Industry except th~e
]Hor~seshoe Nail branch. The minimum rate. in the Horsesh~oe Nail
branch shall be at thze rate of forty (40) cents per hour for males
andthityfive (35) cents per hour for females; and in plants lo-
catd i ther~a~'~ South the said minimum wagae shall be at the rate of
thirty (30) cents per hour for both males and females. The South
is defined as compr>isingS Virg7iniai, North Clarolina, South Carolina,
G~eorgia, Floridla, Alabama, Louisiana, Mississippi and Tennessee:
the Nliorth as comiprisingr th~e remainder of continental United States.
SECTION 9. On and after the effective date, the minimlum wage that
shall1 be paid by any mneber of the Industry to all employees other
than factory employees, shall be not less than at thle rate of $16. per
wreek.
SECTION 3. This AL~rticle establishes a minimum rate of pay which
shall apply irrespective~ of whether anl employee is actually com-
pensated on a time rate, piecework, or other basis.
SEC'YION 4. There shall be an equitable adjustment of all wages
atbove thle minimum, and to that end, within sixty days from the







557


approval of this Code, the Code Authority shall submit for the ap-
proval of the Administrator, its pr~oposal for adjustment in wng~es
above the minimum, provided such adjustment. has not already been
made. Uponi approval by the Adminis~;trator, after such hearing as
he many prescribe, such Dproposl shall becomenc binding us~ a part of
this Code; p~rovided, however, that in no event shall hourlyp rates of
payI be reducedl.
SECTION 5. Female employees performing; sulbstantinlly the samne
work as male employees shall receive the same r~ate of pay as male
em ploy'ees.
SECTIO N 6. A ~person w\ihose earning capacity is limited becnsle of
age or physic-l or mental handc~icap,: may be employed on light. work:
at a wage below the mlinimnum~ establis'hedl by this Code, if the emn-
ploy'er obbnins from the Sta~te Authority- dlesignated by the Depart-
ment of Labor, a cer~tifiente: authorizing his employmllent at such
wages and for such hours as shall be stated in the certificate. `E~al.h
employer shall file with the Code Authority a list of all such persons
employfETojed b7y him.
SECION7.The minimum w~nge that shall be paid to office boys
and officegirls and messengers, shall be not less than eifh~ty (80%r)
per cent ofthe said mrinimumn wage specified in Section 2 of this
Article; but thhe total number of such office boyTs and girls and
.messengers shall not exceed 5%S~ of the total number of all office
employees, but any employer mnay7 have at least two.
SECTION 8. Wa~Ttchmen shall be paid at a rate orf not less than 80Cr
of the mlinimlumn wJage provided in Section 1 of this Article.
ARTICLE V---GENERAL LABOIR PR0ousloss
SECTION 1. Nio person under sixteen (1i6) years of age shall be em-
ployed inl the Indust~ry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ouls in :nature or dangerous to health.
Th~e Code AuthlorityS shall sulbmit to the Atdministrator, for hnis
approv"\al, withiin 60 day-s, a list of such operations or occupations.
In any State an employer shall be deemed to have comp~liedl with
this provision as to ag~e, if he shall have on file a valid certificate
or permit. duly signed ~by the Authority in such State emp~owered to
issue employmlelt. or age certificates or permits showing that. the em-
play'ee is of. the r~equir~ed age.
SiECTION 2. III compliance with Section 7 (a) of the Act it is pro-
vided :
(a) That. employees shall have the r~ightt to organize and bargain
collectively through represent~atives of their own choosing, anld shall
be free from thie interference, restraint, or coercion of empnloyers of
labor, or their agents, in the designation of such representatives or
in self-organization, or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no em~ploy~ee and no one seeking employment shall be
required as a condition of emuploymnt~t to join any company union
or to reframn from joining, organizing, or assisting a labor organi-
zation of his owcn choosing, andl







558


(c) Thlat employers shall comuply writh the ma ximnum hours of
labor, minimum rates of pay, and other conditions of emlployment
approved or prescribed by the President.
SEC'TION 3. Nio employer shall reclassify employees or duties of
occupations performed or engage mi any other subterfuge for the
~urp'ose of defeating the purposes or provisions of the Act or of this
Code.
SEC'TroS 4. No provision, in this Code shall supersede any State
or Federlfal law wphich imposesf onr eployenvrs morer stringent require-
ments as to age of employees, wagres, lourfs of wrork, or as to safety,
healthi, sanitary or general working conditions, or insurance or fire
pr~otection thanl are Imposed by this Code.
SECTION 5. All emp~lovers sh~all post and mlainltain complete copies
of thne labor provisions of this Code in, conspicuous places necessible
to emlployees..

ARTICLE VI--OHGANIZATIONt POW"ERS, AND DUTIES OF THE CODE
-AvaBonrrY
ORGANIIZATION ArND CONSTITUTION
SEcTIrON 1. There Shall forthwith be constituted a Code Authority
consisting of five persons, who shall comprise one of the members
respectively, of ea~ch. of thle five branches of the Industry mentioned
in ALrticle II (a) of ths Code, each of theml, respectively, to be
selected by the members of one of the said branches.
Such election shall take place within thirty days after the effective
date of this Code, on seven days' prior notice to all members of
the Industry~ who have assented to this Code, such election to be
conducted by the Horseshoe and Allied Produocts Mlanufactulrers'
Association, and the persons so elected shall serve for a period of
one y~ear and until their successors are elected andc shall qualify.
A majority vPote of the members of eachl of t~he said groups, present
in person or by proxy, w~ho have assented to this Code, shall be
necessary for the election of members of the Code Authority.
In order that the Code Authority shall be at all times truly
representative of the Industry, and in other respects shall comply
wCith the provisions of the Act, the Administrator may provide
such hearings as hle may deem proper; and t.hereafter if hie shall
find that the Codet Authority is not truly representative of the
Industry, or does not in other respects comply with the provisions
of the Act, mnay require. an appropriate modification in the mnethodl
of election of the Code .Aut~hority.
SECTION 2. In addition to membership as above provided, there
may be not more than three (3) members, without vote, to be
appointed by the Administrator, to serve for a term of six (6)
months to twelve (12) months from the date of appointment.
SECTION 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code
Authority shall (1) impose no inequitable restrictions on mem~ber-
ship, and (2) submit to the Administrator true copies of its articles
of association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,







559


organization, and activities as the Adlministrator may deem nee-
essary\ to. slf~cturnte the purp~oses of the ~Act.
SEC~'TIN 4. Member~)Cs of the Indlustryr shall be entitled to partici-
pate in anld share the benefits of the ncotivities of ther Code Authority
and to participated in the selectionl of thet mlembers1 thereof, by assent-
ing to and complying with the( requirementsllt of this Code and
sustaining their reasonable share of the expen elt- s of its adm~inistra-
tion. Such- Ireasonale~~ shar~e of the exesesl~ of administration shall
be~ determined by the Code Authority, subljc.t to review by- the
Administrator, on thie basis of vchanelr of business and/or -Iuch other
factors as maRy be equitable.
POWER~rS AND D'TIE:S

SEc:rCT~o 5. Thet Code Authority shall have the follow\ing~r powers
am1l duties:
(a) To insurelc the execution of the provisions of this Code and
provide for the comnpilancer of the Industr~ly with the pr~lovisions of
thre Act, under such rules and r!g~ultionsl1 as mnay be established'
~by the Admiinist rator.
(b) The memlber~s of the Industry assen~tingr to this Code who
mannufactu~re and sell the clnrommoditie enlumrclated~ in. Article II: (a)
of this Code, shall, withn respect to each of the said commodities,
have the right to designate and appoint a separate comminittee wsithl
respect. to each of the said con~llunodltties, such committee to be com-
posed of not more thzan thrree members. Each. of the said commllit-
tees shall have the authority to cooperate with the Code Aluthor~ity
in respect to all mautter~s relating to each of th~e said ~onulnodlities,
res pecti vely.
Then Code AuthorityT must. submit to the Adm~inistrator, for his
approval or disapproval, any recocmmnendation made by any of the
said committee s with respect to mlod.ifientionls of any provisions of
this Cod'e other than its labor piroisio~ns.
(c) TIo obtain from members of the I~ndustry such informlation
and rIep:or~ts as are required for the administration of the Code.
In addition to information req~cuir~ed to be submi-ittedl to the Code
Author~ity, all or any of the per~son.-. subject to this Code shall fur-
nish such statistical information as the Administr~ator may deem
necessary for the purploses recited in Section 3 (a) of the said
Act to su~ch Federal and State agencies asi the Adc-minis-tra~ttor may
diesigrnate; nor shall anythling in any" Code, agreeml~ent or license
relieve any person of any necessity or obligation to furnishr rIeports
to G~over~nment agencies. No individual reports shall be disclosed
to an other member of the Induslltry3 or to any othler person except
to suc~h gover~nmlental agencies as may be directed by the Ajdmin-
ist ra torI.
(dl) To establish classifications and standards of qluali~ty for
p~roduct-s of the Industry-, subject. to the approval of the Admniinist ra-
tor in order to assist in making effective the reports from the Indus-
try, and in eliminating unfair competition. Thre represrenlt.ation of
any product of th~e Industry as comnplying with such standards as
may be establishedl by the Industryu, wc~hen such is not the, case, is
deemed and declared to be an unfair method of competition.







560


(e) To secure from members of thle Inldustry an equitable and
proportionate paymlent of the reasonable expenses of maintaining
the Codle Authority and its activities.
(f) T~o cooperate ~wit~h the Admllinistrator in regulating the use
of anyr NRA_ insignia solely by those mnembers of the Indust~ry who
have assented to, and are complyl!ing with, this Code.
SECTION 6. If the Adminiistratori shall deetermnnne that any action
of the"Code A~uthority or any agency thereof is unfair or unjust
or contrary to the public interest, the Admninistrator may require
that such action be suspended for a period of not to exceed 30 days
to afford anl opportunlityT for investigation of the merits of such
action anrd further consideration by such Codle Authorityv or agency
spending final action, which shall be taken only upon approval by the
Administrator.

ARTICLE VII-F-~IIru'o PRICE LISTS
SECTION 1, ~E~ach member of the Industry must file with the
Code Authority, within 10 days after the effective date of the Code,
a price-list, together withl dliscounts and terms of sale and maximum
rates of discounts for early payment and manximlum periods of free
credit; and the same must be strictlyr adhered to. Trhe said price-
lists shall state the particulars in which the same apply (a) to wvhole-
salers, (b) to retailers where such miemiber of the Industry sells to
retailers, and .(c) to blacksmliths or other ultimate consumers.
No such price-list, discounts, terms of sale, or periods of free
c~redlit shall be changed except on five dayrs' notice to the C'ode
Authority, such five days to begin upon receipt of such notice by
the Code Authority, who shall immlediate~ly notify all mlember~s of
the particular group affected, as defined in Article II (a) of thiis
Code; such members shall then have the right to change their re-
spective price-lists and -the other elements connected with such
price-lists as above enu~merated, so as to conformn with thle change
or changes made by the member givingo such notice, by giving notice
to the. Code Authorityr of such change, the same to be effective at
th-e expiration of the said pieriodc of fve day~s above mentioned.
Sucrh pricep-lists and changes thereof, shall be open to inspection
at all reaso-nable times by anyone.
SECTION 2. In conformnance with existing law, each member of the
Industry mnay announce to his customers suggested minimum prices
for the resale of his products by! such customers; and may' also
announce that h-e will refuse to make further sales of his products
to any~ customer who shall sell such products at less than such
suggested prices.
Whenever any member shall make such announcement, a copy of
such announcement shall be filed with the Code Authority within
10 days after th~e issuance of such announcement and the same shall
be open to inspection at all reasonable times to anyone.
The above provision shall not be construed to permit the making
of agreements or the acceptance of promises to maintain suggested
mlDimum resale prices.l
a See paragraph 2 of order approving thle Code.







561


ARTIcLe VI[I--TADE Pr:.1CTICES;
For all purposes of this Codet, the acts dles~cribedl in. this A~rticle
shlla cotnsttitute unfair pr~ac~tices. Any members of thke Industry whfo
shall directly or indt'irectl~y, thnrough any officer, employee, agnc~y,
or r~eprese"ntaive, know~inly~l~ use, empllo,~y, or p~ermnit to be emrplo~edl,
any. of such unfair p~ratc~tice, shall be guilty of a violation~ of this
Co-de.
(a) The paying or alloinlg to any p~urchat~ser in. ~onln~ction with
the sanle of anly products, of~ any rebate, commission, credit, discount,
adjustment or similar conce~s~ionl, other than as .speciified~ in. the
putblishled price list and discount sheet specified in Article VII of this
Ciodle. constitutes an unfair method of competitions uMI( is prohibij~jted..
(b) No member of the Industry shall give, p~ermnit to be griven,
or directly o~ffer to give, anything of value for the pul~'lrpo of
inftluencingv or rewa~nlrdin g the action of anyr employee, agcent, or
reprewrntative of another- in relation to the business of thle empi~loyeir
of such emlployee, the principal of such agent or the I,!rpre enie
partly, wtrithlout the kinowFledge of such employer, prinlc~ipal, or parlty.
This provisionl shall not be construed to prohibit free amll geerllal
distribution of articles c~ommlonly used for advertising except so far
as suchT ar~ic~les are actually used for commll~ercial bribery as hlere-
inab~ove detfinled.
(c) Payment of specific advetrtisingc expenses in behalf of certain
purchasers, nlot. offt1ered to all purchas~ler, under like terms and
conditions.
(d) Procur~ing,- without thel consent of any mzemlber of the Inld ust ry,
any information co-ncer~ning the business of such mlt~\lember whlic~h is
properly regarded by it as a trade secret or confidential within its
organization, except information relating to a violation of anIy
provisio.ns of this Code.
(e) Imnitating or stimulating any design, sty~le, trade mark'l, trade
namle, or trade brand, to which any member of thle Industr~y has an
exclus~ive. right, with the intent to deceive the purchaserl~~l.
(f) False or thisleading advertisingn.
(g) Dissemcrinating~, p~ubi~shing or circulating any faclse or mis-
lendling infolfrmation1 rIelative~ to any prod~uc~t or price for any3 product
of anyI mlemlber of the 3Horseshoe a nd Allied Products Man iu fac~turling
Inlus!try3, or the cred~cit standngor ability of any member thereof
to per''forlm any wcork or manufacturle or produce any product; or
to the cond~itionsll of employment among the employees of any member
thereof.
(h1) leakingg or giving to any purchaser of any p.Io~~ rodt. anly guanr-
anlty orl proCtectionl in anyL form against decline in the mIlarklet price
of such prodc'uct.
(i) Stating in the invoire of any prdullc~t as the dlate thereof at
dlate later than. the date of the shipment of such product, or includ-
ing in any invoice any product shipped on a date ernlierl thian the
date of such invoice.
(j) Mlaking any sale or contract of sale of any prodluct under
any description which does not fully describe such p~rodluct in sterns
customlarily used inl the Industry.







562


(k) Renldering to any purchaser of any product, in or in connec-
tion with thle sale of such product, any service, the effect of which
will be a concession in price, constitutes an unfair method of
competition and~ is prohibitedl.
(1) No m~embr of the Indlustry1 shall sell any commodity at a
pr'ice belowop cost. Howeer, any mnember may meet, the price com-
p~etition of anyone whose costs unider this Codle Provision are lower.
C~ost, shall be lletermlinedl in accordalnce with the principles formu-
lated by the Code Authority w~ith the approval of thle Admninistrator.
ARTICLE IS--UNITED STATEs CisTouLs TARIFFS

The said Code Authority is also establishedd as an Agency of
the Industry for the purpose of investigating andi informing the
Admninistrantor as to the imlportation of competitive commodities
into the United States in substantial qurantities or in increasing
ratio to domestic production, upon such~ terms and under such
conditions as to renider ineffective or substantially to impair or
endanger the mnaintenanlce or effectiveness of this Code ; and as an
Agency for making complaint w-ith respect thereto, to the President,
on behalf of the said Industry, under the releva~nt provisions of the
said ALct.
ARTICLE X--ARBITRATION

Any complaint, dlispulte, controversy, or other matter of difference
arising between mIembers of the Industry under, or in connection
w\it~h this Codfe, may be. submitted to the Clode Aiuthority for arbi-
tration and decision in accordance with such rules as shall be
establish~ed by thne Code~ Authority subject, however?-to the disap-
proval or moc-dificatio~n thereof by t~he AdmlinistrAtor.
ARTICLE XI--1\ONOPOLIES

No provision of this Codle shall be so appliedl as to promote
monopohies or monopolistic practices, or to chimmate, oppress or
discriminate! against. small enterprises. The said Code will be inter-
preted and applied in such a manner as to effectuate the policy
of Title I of the Nationial Industrial Recovery Act.
ARTICLE ~II I-AODIFICATION

SECTION. 1. T1Ils Code, and eachpoisothrfrehrb
exprssl mae sujec tothe igh ofthe President, in accordance
w-ith the provision of Section 10 (b) of the National Industrial
Recovery A~ct, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the
saidl Act.
SECTION 2. This Code, except as to provisions required by the
Act, miay be modified on the basis of experience or changes in
cir~cumlstances; such modifications to be based upon application to
the Administrator andi such notice and hearing, as he shall specify,
and to become etfective on approval of the President.







563


ARTrcICE XITII-Exro-rT TRADEr

The p~rovision~s of the Code now or herealfter adopted with regard
to prices! dliscolnts. dedlluctio-ns, allowances, extras, !Ionunilisions, or
methods and(, or terlms of sale, are nolt to atpplyr to direcrt expor~t. sales
or to sales in course of export (i~e., sales destined ultimately for exs-
port) or to sales of" mnater~ials used in the ni~ Iur nufature of plc- roduct for
export. Thie term~n L"expor~t shalll iminde,~t~ in addition to shipments
to for~eignl countries, shipmelcnt s to Alashn1;~ and to all oversea terrli-
tories or po~ssescr ion ulndcrl the jurisdiction of the Un~itted States.

ARTICLE X3IV EFF:C'TIV~E DATE

The term~ effective date '" of this Code, shall be the 10th daiy after
thea alpproval of this Clodet byr the President of the United States.
A~lllrovetl Code No. 325.
Rejgist ry No. 1101-03.





UNIVERSITY OF FLORIDA



3 1262 08855 7722








































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