Amendment to supplementary code of fair competition for the metallic wall structure industry (a division of the fabricat...

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Material Information

Title:
Amendment to supplementary code of fair competition for the metallic wall structure industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on October 30, 1934
Portion of title:
Metallic wall structure industry
Physical Description:
9 p. : ; 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:
Wall panels   ( lcsh )
Partitions (Building)   ( 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:
"Registry No. 1123-08."
General Note:
"Approved Code No. 84A--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950936
oclc - 63655261
System ID:
AA00007068:00001

Full Text






NATIONAL RECOVERY ADMRINISTRATIONI



AIMENDMRENT TO SUJPPLEMENITARY
CODE OF F~AIR CO~MPETITI[ONi
FOR THE

METALLIC WALL. STRUCTURE


UNIV. OF FL LIa.




U.S. QEPO~iTORY/
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by he SuperintnentodamentofDouentas, ahntn. --- Price cents


Approved Code No. 84A-Amendment No. I


Registry No. 1123--08


wa Do ouR PARt


INDUSTRY ?i

(A Division of the Fabricated Metal Products
Manufacturing and Mletal Finishing
and 1Metal Coating Indus~try)


AS APPROVED ON OCTOBER 30, 1934
























This public~ation is for sale by the Superintendent of Documents, Government
Printing Offlee, W'ashington, D.OC., and by district offices of the Bureau of Foreign
and Domestic Commler~ce.1

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE&

Atlant, Ga.: 504 Post Office Building.
Birminghamn, Aa.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y~.: Chamber of Commerce Bulldling.
C'harlelston, S. 0.: Chamber of Commerce Building.
Chicagoc, Ill.: Suite 1706, 201 North W~iells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, 1Mich.: 801 First National Bank; Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jackrsonville, Fila.: Chamber of Comomerce? Buildling.
KCansas City, Mo.: 1028 Baltimore Avernue.
Los Angeles, Calif.: 11163 South Broadwfay.
Louisville, K~y.: 408 Federal Building.
Memphis, T~enn.: 22'9 Federal Building.
Minneapolis, M\inn,: 213 Federal Building.
New Orleans, L~a.: Room 225-A, Customhouse.
New York, N. Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plumae Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, ]Pa.: Chiamber of Commerce Building.
Portland, Oreg.: 215 Newr Post Office Building.
St. Louis, Mo.: 500 Olive Street.
San Francisco, Calif.: 310 Customhou~se.
Seattle, W~ash.: 800 Federal Office Building.









Approved Code No. 841A--Amendment No. 1


AMENDMENT TO[' SUPPLEMIENTaARY CODE O1F FAIR
COMPETITION
FOR THE

MIETAI~LLC WAJ~~LL STR&UCTUJRIE INDU'ZSTRY'l

As Approved on October 30, 1934


ORDER

APrrovrwoI AMIENDMIENT OF STUPPLEIMENTARY CODE OF FAlIR COMIPETI-
TION FOR THE METALLIC WALL STRUCTURE INrDUSTRY

A DIVISION OF 'THE FABRICATE METAL PRODUCTS MANIUFACTURING ANrD
METAL FINISHIING AND METAL COATING INDUSTRY

An application having been duly made pursuant to anld in full
compliance withr the provisions of Title I: of the National Industrial
Recovery Atlct, approved June 16, 1933, for approval of amendments
to a Supplem~entary Code of Fair Competition for the Metallic W~all
Structure Industry, and a hearing having been duly held thereon and
the annexed report on said amendments, containing findings w~ith
respect thereto, having been made and directed to the President:
NOWTV, THIEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the Ptresidenlt, including Ex-
ecutive Order No. 6859, dated Sept~ember 27, 1934, and otherwise;
does hereby incorporate, by reference, said annexed report and does
find that said amendments and the Supplementary Code as consti-
t~uted after being amended comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title
of said Act, and does hereby order that said amendments be and they
are hereby approved, anld th-at the previous approval of said Supple-
mentary Code is hereby modified to include an approval of said
Supple~mentary Code in its entirety as amended, such approval and
such amendments to take effect ten (10) days from the date hereof
unless good cause to th~e contrary is shown to the National Industrial
Recovery Board before that time and the National Industrial Re-
covery Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,)
B~y G. A. LuYcH, Administrative Of)Eoer.
Approval recommended :
KILB;OURNE cOHNSTON,
Acting Di~vision Admniinistrator.
WtASHINGITON, D. C.,
October, 30, 1934.
94758*-1-244-117l-34 (












REPORT TIO TH-E PRESIDENT


The PRESIDENT,
The Whie Hou~se.
Smr: An application has been duly made pursuant to and In full
compliance with the provisions of the National Industrial Recovery
Act for amendment of the Supplemaentary Code of Fair Competi-
tion for the Muetallic Wall Structure Industry by the Supplementaryr
Code Authority for that Industry, on which a public hearing was
held in W~ashington, D. C. on September 12, 1934.
The namle of the industrial association originally sponsor~ing this
Supplementary Code has been changed and. Article II, Section "E,
is accordingly amended.
Article III has been rewritten to definitely incorporate in this
Supplementary Code the labor provisions of the Basic Code ifor
the Fabr~icatedl lifetal Pr~oduct~s Mfanufacturing and: Metal Finlishing
abnd Metal Coatinga Industry.
The deletion of S~ection 1 of Article IV ~and th~e substitution of
a new section is for the purpose of making the election of the Sup-
plemetary Code Authority more equitable.
Article IVT~, Section 4 has been. rewritten to conform to the pro-
vrisions of the mlodle Code.
The addition to the wording of Subsection (d) of Sect~ion 5,
A-rticle IV, provides for the impartial agency to operate th~e Quantity
Bureau for the purpose of checking th bids made by members of
the Industry.
Subsection (e) of Section 5, Article IVT, has been deleted for the
reason that these pr~ovisions are now covered in the mandatory assess-
ments provisions which are also incorporated in the Supplementary
Code by this amendment.
Thre Supplementary Code in Subsection () f Section 5, A"rticle
IVi as originally ap~proved, in effect, pronde for volunmtary~ conl-
tributions on the part of the members of the Industry. The present
amendment of this Subsection is proposed to create a legal obligat-
t lon, on the part of the Inrdustry Mulembrs, to pay their pro rata
shareo of the expenses of the Supplementary Code Authority.
A niew Subsection (h) of Seti~ton 5, ~Article IV, has been inserted
in lieu of the original Subsection (h) and the nlew provisions relate
to thes collection of statistical information.
The new Section 6 of Article IVT, progedvide or theemer of the upe
Industry to file a complaint of a~nylegedvoaino h upe
mlentary Code and further provides thast those members desiring to
do so moay enter into an agreement whereby, whe a violation of a
provision of the code has been determined, the member of the Indus-
try assenting to the agreement, shall make restitution in accordance
with the penalty prescribed for the type of violation.
Th~e amendment of Subsection (d), Section 8, Article V, provides
that nlo lump sum prices shall be quoted or orders accepted unless








they are based exclusively on quantities and specifications previously
reported to, anld approved as correct by the Quantity Bureau.
The changes in Section 5, Article V, provides for the listing in de-
tail the necessary temlporary) additions to the filed price lists.
The addition to Section 11, Article VC provides for the responsi-
bilityr on the part of the seller if he failed to carry out the contract
precisely.
The amendment of Sect ion 12, Article V, provides for the limita-
tion of samples and where exceptions are made they shoc-uld~ be subject
to approval of the Supplenw~lntaryy Code A~uthority.
FINDINGS
The Depurty~ Administrator, in his final report to the National In-
dustrial Recovery B~oard on said amendments of said Supplementary
Code having found as herein set forth and on thle basis of all the
proceedings in this matter:
It has been found tha~t:
(a) The amendments of said Supplementary Code and the Sup-
plementary Code as modified are well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act including the removal of obstructions to thne free flow of inter-
state and foreign commerce which tend to diminish th~e amount
thereof, and will provide for the general welfare by promoting the
organization of industry- for the purpose of co-operative action of
labor and management under adequate governmental sanction and
Supervision, by eliminating unfair competitive practices, by promot-
ing the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production. exceptt
as may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, byT reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Supplementary Code as amended complies in all respects
with the pertinent provisions of said Title of said A~ct, including
without limitation subsection (a) of Section. 3, subsection (a) of
Section 7 and subsection 10 thereof.
(c) The amendments and the Supplementary Code as amended
are not designed to and will not permit monopolies or monopolistic
practices.
(d) T~he amenmdments and the Supplementa~ry~ Code as amended
are not designed to and will not eliminate or oppress small enter-
prises 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.
amendments.
For these reasons these amendments have been approved.
F'or the National In~dustrial Recov-ery Board:
G). AL. LYon-c,
Administrative Of)Eoer.
OCrOBER 80, 1934.












AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FiOR T"HE METALLIC WALL STRUCTURE
INDUSTRiY

A. DIVISION OF THE FABRICATED METAL P1RODUCTSB MANUFACTUrRING ASND
METAL FINISHING AND METAL COATING INDIUSTRY

Article II, Se~ctionl 7, last line, delete the words "National Steel
Partition As~sociation and substitute the followi~ng, "' National Mle-
tallic Wall Structure Association or its successor~s
Delete the entire Article III and subst it ute, the following language:
SECTION 1. This Industry~ is a division of the Fabricated Mletal
Pr~odulcts 1Manufacturng$ and Mletal F'inishing and Metal Coatting
Industry and w~ithlout lim~itation1 the wage hour, and labor provi-
sion~s in. Article III of the Basic Code as approve bY the President,
November 2, 1933, and as thereafter amended, include mg Section 1 of
said Art oi Sclo IIby7 which the provisions of subsections (1.) (2)
and 3) f Sctin 7(a) of Title I of the A~ct are made conditions
of this Cod~e, are specifically incorporated herein and made at part
hereof as th-e wage, hour, and labor provisions of this Supplementary
Code."
Delete all of the present Section 1 of Article IV and substitute in
lieur thereof the following:
'" S1~c. 1. T1he Supplementary Code AuthorityS shall~consist of seven
(7) members who shall be elected in. the following manner:
(a) Five (5) memers elected by a majority vote of all members
of the Industry who are members of the Association and present in'
person or by proxy, each member to have one vote.
(b) TPwo (2) members who are non-memnbers of the Association
providedd there are any such memers), shall be elected by a ma-
Jorityg vote of all lmembers of the Industry who are nlon-memubers of
the Associat~ionl and present in person or by proxy, each member to
have one vote.
(c) In addition thereto the Administrator mnay appoint one(1
member to the Suppleme~ntary Code Authority who ~without vote
shall serve without expense to the Industry.
The Sulpplemlentary Code Authority shall cause a meeting of the
members of the Ind~ustry to be held aut the time and place of the
annual meeting of the Association, upon twenty~ (20) days' advance
notice of such meeting to all members of the Industryr, whose names
can be ascertained after dliligenti~ search Thle members of the Sup
plementary Code Authority elected at such meeting shal serve unti
thre next following annual meeting, and tlce shereafermebesof te
Supplementary C~ode Authorityshlbelctdshrenoe
provided.








In the event the non-members of th~e Asso-cintionl fail to elect the
two mIembers as hereinabov~e provided, such. two members shall be
elected by a majority vote of all members of the Industry, and failing
such election thie Administrator may appoint such two members.
A~ vFacancy in the membership of the Supplement~ary Code A~uthor-
ity shall be filled by a majority vote of all the remaining members
of the Supplementary Code Authority, provided that the vacancy
to be filled shall be subject to the afor~emelntionred classification of
membership.
In. the event any of tihe elected members of the Supplemetntary
Code Authority- fadl or refuse to act, and notice thereof shall be
given to the Administrator, then subject to the disapproval of the
Administrator, the remaining members of the Supplementary Code
Authority shlall constitute thne Supplementary Code Authority until
such member has resigned or been removed and the vacancy caused
t~herebyr has been filled.
Delete all of thne present Section 4 of Atrticle I1V and substitute in
lieu thereof the following:
"L SECTION 4. Nothing contained in this Supplementary Code shall
constitute the members of the Supplementary Code Authority part-
ners for any purpose. Nor shall any m~em~ber of thne SupplemelllntSry
Code Authority be liable in any manner to anyone for any act ofE
any other member, officer, agent, or employee of the Supplementary
Code Authority. Nor shall any member of the Supplemnentary Code
Authority, exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under this Supplementary Code, except for his own wilful mal-
feasance or non-feasance."~
Insert in the second line of Subsection (d) of Section 5 of Article
IV, after the words trade information the words to operate
impartial anld confidential Quantity Bureaus in accordance with
rules and regulations approved by thre Admainistrator for the cor-
rect determination of customers' requirements, such requirements to
relate to quantities and kind only, and not to prices."
Delete the entire present Subsection (e) of Section 5 of Atrticle
IV.
Insrer~t a new Subsecti~o~n (e) of Section 5 of Article I~V, to read as
follows :
"(e) Every employer shall make reasonable provisions for the
safety and health of his emlployees at the place and during the hours
of their employment. Standards for safety and health shall be sub-
m~itted by the Code Authority to the Admninistrator for approval
within three months after the effective date of this Code provision.
Trhe standards approved shall thereafter be a part of this Code and
enforceable as such."
Delete present Subsection (f) of Section 5 of Article IV and
substitute in lieu thereof the following:
1. It being found necessary in order to support the administration
of this Supplem~entary Code anrd' to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, thze Supplementary Code Authority is authorized:








(a) T~o incur such reasonable obligations as rare necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for t~he purpose of th Code;
(b) To submlit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
1(1) an itemized budget of its estimated expenses for the foregoing
prposes, and (2) an. equitable. basis upon which the funds necessary
t)o support such budget shall be contributed by all members of the
I~ndustry;
(c) Af'ter such budget and basis of contribution have been a~p-
proved by the Adlministrat~or, to determine and obtain equitable con-
tribution as above set forth by all such members of the Industry,
and to that enld, if necessary, to institute legal proceedings therefore
in its ow~n name.
2. Each menhber of the Industry shall pay his or its equlitable con-
tribution to the expenses of the maintenance of the Supplementary
Code AuthorityT as hnereinabovej provided, and subject to rules and
regulations pertaining thereto issued yteAmitao.Ol
members of the Industry complying wit thre Code nd cotributi ng
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Supplementary Code
mAkeueo n rbe risgi uthority or to rIeceive thke benefit of its volutar activities, or to
Admninistr~atiol..
3. The Supplementary Code Authority shall1 neither incur nor
pay any obligation substantally 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 Administrator; and no subsequent budget shall con-
itamn a~ny deficiency item for expenditures in excess of prior budget
estimatess except those which the Adlministrator shall have so
a approved.
-Delete the! entire Subsection fh) of Section 5 of Article IV and
in lieu thereof insert the followmg:
"(h) To obtain from the members of the Industry through its
confidential agent, such information and reports as are required for
the administration of this Supp~lementaryr Code. In addition to
information required to be submitted to the Supplementary Code
Authority, the members of the I~ndustry subject to t~his Supplementary
Code shall furnishl such statistical information as the. Administrator
mctay deem necessaryg for the purposes recited in Section 3 (a) of
the Act. to such Federal and State agencies as he mnay designate;
provided that nothing in this Supple~mentary Code shall relieve any
membeer of the Industry of anyr existing obligations to furnish
reports to any Government a~gency. No individual report shall be
disclosed to anly other members of the Industry or any other party
except to such Government agencies as may be directed by the
Administrator."








Renumber the present Section 6 of Article IVT as Section 7 and
insert- the followincrg new Section 6:
Sec. 6. Thre members of the Inmdustry shall report in the first in-
stance to the Supplementary Code Authority or its apploint-ees any
complaints regarding an alleged violation of this Supplementary
Code. Rec~ognizing that the violation of any provision of this
Supplementary Code by a member of the Industry will disrupt the
normal course of fair competition in the Industry anzd cause serious
damage to others, and that it will be impossible neeuraltely to deter-
mine the amount of sulchf dlamage, it is hereby provided that those
members who may desire to do so mnay enter into an agreement
among themselves, for a definite period and embodying the following
provisions:
(a) Each member violating any provision of this Supplemlentary
Code shall pay to the Treasurer of the Supplementary Code Author-
ityT, as an. inldividual and not as Treasurer, in trust, as and for liqui-
dated damages, upon determination of violation by the Administra-
tor or any impart tal agency or person named by the Supplementary
Code Authority or designated b~y the assentors to this agreement and
approved by the Adm~inistrator, amounts as set forth below:
(1) For the violation of any wage provision, an amount equal to
the difference between the wages which have been paid and the wPages
which would have been paid if the member had complied with the
applicable provisions of the Supplementary Code;
(2) F'or the violation of any hour provision, an amount equal to
thze wages payable for the overtime at the regular rate payable under
the terms of the Supplemlentar~y Code, to the employee or employees
who worked overtime.
(3) ]For the vTiolation of any labor provision of the Supple~mentary
Code other than an hour or wage provision, the sum of One H-un-
dred ($100.00) Dollars.
(4) For the violation of any provision of the Supplementary Code
(other than~ a labor provision) involving a transaction incidental to
or connected with a sale of any product of the Industry, an amount
equal to t we~nty-five (25%0) percent of the actual selling price of the
product sold in violation of any such provision, or of the price at
which the product should have been sold under th~e Supplementary
Code, if determinable, whichever is the higher.
(5) FEior the violation of any provision of the Supplementary
Code (other than a labor provision) not involving a transaction
incidental to or connected with a sale of any product of the Inldus-
try, the sum of One Hundred ($100.00) Dollars.
(b) All amnount~s so paid to or collected by the Treasurer of thle
Supplementary Code Authority under the provPisions of this agree-
metshall be applied by him as follows: Fiirst, if the violation
sllhave been of a labor provision of the ~Supplemetary Code,
equitable distribution of all damages paid therefore shall be made
among all employees directly afected by such violation; Second,
if the violation sh~all hae been of a Supp~lementary Code provision
other than a. labor provision, the da~mages arising therefrom shall








be utilized to deflray p~roper expenses of Supplemlentary Code admin-
istration, and th~e balance, if any, remaining in the hands of the
T~reas~urer shall be distributed semi-annually among members of
the Industry who have assented herlet.o and who have not been deter-
mined to have been g~uilt~y of a violation of a. Su~pplementary Code
provision duli~rinr the preceding semi-annlual period on the basis of
t~he most recent assessment m~ade~ against, members of the Industry
for the expense of Supplementary Code administration.
(c) Assent to this agreement by anymme hllb vdne
byasigned copy of the agreement,fiemed wih l th e Suppleentary
Code Authority. Failure to a~ssnt to this agreement shall not de-
prive any member of any other right or privilege under the Sup-
plelmentary Code. By so assenting, each member agrees with every
other assenting member and the Treasurer, individually (1) that
violationl of a Supplementary Code provision shallbreach this agree-
metnt and shall render the violator liable for the payment of hlqui-
dated damages as herein provided, (2) all rights and causes of action
arising hereunder are assigned to thie Treasurer, individually~ and
Sn trust, and (3) that the Treasurer, as such assignee and as attorney
in fact for each assenting member, mnay take all proper legal action
concermng damages found due h~ereunder.
(d) The! Supplementary Code! Authority may waive liability for
payment of liquidated damages for any violation it finds to hlave
been innocently made and resulting in no material injury.
(e) The T'reasurer of the Supplementary Code Authority, as an
individual and not as TIreasurer, b~y accepting office, accepts the
trust established by this agreement and agrees to perform the duties
of Trustee hereunder until his successor in office may have been
appointed.
(f ) Nothing contained herein shall be construed or applied to (a)f
deprv any person of any rih bright of action arising oto
this Supplementary Code, or (Tb) relieve anY member of thie Indus-
try from any contractual or legal obligation arising out of this
Siupplementary Code or of the Act or otherwise; nor shall violation
of this agrreeemnt by an assenting member be deemed a violation of
the Supplementary Code, so as to subject the violator to any conse-
quence arising under Section 3 (b), Section 3 (c), or Section 3 (f )
of thle N~ational Industrial Recovery Act, nor to any criminal prosecu-
tion of any kind.
Insert in the first line of Subsection (d) of Section 3 of ~Article V,
a.fter the words "L shall sell the words "' or offer for sale ", and
add at the e~nd of this Subsection (d), the following:
Lump sum prices shall not be quoted, nor shall lumP sumn orders
be accepted, unless they be based exclusiv~ely on quantities and speci-
fication interpretations previous~lyT repor~ted to ndprodascr
rect by, such Quantity Bureau as the Supplemnentar~y Code- APuthor-
ity may establish for any division of the Industry. All actions of
said Quanty Bureau hllbe under the control of the Supple-
men~tary Code Authrorityg and subject to review and approval by
the Administrator in case of controversy.
Rtemo~ve period at end of Section 5i of Article V and add the
following :








Instead of ten (10) days in advance as is othe~rwise: required by
Section 3 (b) of this Article, listing in detail the necessary tem-
parary addcitlonls to price list and identifying the corresponding
quantities and spetCjiC'fication when, reporting same as required by
Section 3 (d) of this Atrticle.
Add to the present Section 11. of Article V, the following sentnce:
"" The provisions of this Section shall not prevent the guaranteeing
of workmanship or materiall"
In Section 12 of Article V-, following the words established
prices or ", delete the balance of the sentence and substitute the
followcPing language :
" except under circumstances to be defined by the Supplementary
Code A~uth~ority a~nd approved by the Admimistrator."
Approved Code No. 84A--Amendment No. 1.
Registryr No. 11'3-08.




UNIVERSITY OF FLORIDA
I ll II
3 1262 08855 6609