Supplementary code of fair competition for the gas-powered industrial truck manufacturing industry (a division of the ma...

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Material Information

Title:
Supplementary code of fair competition for the gas-powered industrial truck manufacturing industry (a division of the machinery and allied products industry) as approved on July 21, 1934
Physical Description:
11 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Industrial power trucks -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"Approved code no.347 - Supplement No.33 ; Registry No.1421-03".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004853531
oclc - 607531281
System ID:
AA00007792:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE

GAS-POWERED INDUSTRIAL

TRUCK MANUFACTURING

INDUSTRY

(A Division of the Machinery and Allied Products Industry)

AS APPROVED ON JULY 21, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Registry No. 1421-03


Approved Code No. 347-Supplement No. 33






















This publication is for sale by the Superintendent of Documents, Government
printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1S01 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A. Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland. Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.










Approved Code No. 347-Supplement No. 33


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

GAS-POWERED INDUSTRIAL TRUCK
MANUFACTURING INDUSTRY

As Approved on July 21, 1934

ORDER

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE
GAs-POWERED INDUSTRIAL TRUCK MANUFACTURING INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Gas-Powered Industrial
Truck Manufacturing Subdivision of Machinery and Allied Products
Industry, and hearings having been duly held thereon and the an-
nexed report on said Supplemental Code containing findings with re-
spect thereto, having been made and directed to the President:
NOW THEREFORE, on behalf of the President of the United
States, f, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Supplemental Code complies in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do hereby order that
said Supplemental Code of Fair Competition be and it is hereby
approved, subject to the following condition: that the provisions of
Article VIII, Section (a), insofar as they prescribe a waiting period
between the filing with the Code Authority (or such agency as may
be designated in the Supplemental Code) and the effective date of
price lists, as originally filed and/or revised price lists or revised
terms and conditions of sale, be and they hereby are stayed pending
my further order. HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended.
BARTON W. MURRAY,
Division Administrator.
WASHINGTON, D.C.,
July 21, 1934.
753"50-829-123---34 (11












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the Gas-Powered Industrial Truck Manufacturing Subdivi-
sion of Machinery and Allied Products Industry, a Public Hearing
on which was held in Washington, D.C., on May 10, 1934. The
Hearing was conducted in full accordance with the provisions of
Title I of the National Industrial Recovery Act.

GENERAL STATEMENT
The Gas-Powered Industrial Truck Manufacturing Subdivision,
being representative of the manufacturers of the products defined
in Article II of the Supplemental Code, has elected to formulate and
submit a Supplemental Code of Fair Competition as provided in
Article I of the Code of Fair Competition for the Machinery and
Allied Products Industry, approved by you on the seventeenth day
of March 1934.
The Gas-Powered Industrial Truck Manufacturing Subdivision
means the manufacture for sale of direct-gas-powered burden-bear-
ing industrial trucks used in and around factories; mills; railroad,
marine, and air terminals; warehouses; and similar establishments;
and direct-gas-powered industrial tractors for use in the foregoing
places for towing, pushing, sweeping, cleaning, and for other similar
operations. Vehicles designed primarily for commercial or highway
work are not included in this definition.

ECONOMIC EFFECT
This Subdivision has been very severely affected by the recent
depression. This is evidenced by the steady decline in annual sales,
the total volume having declined from $2,500,000 in 1929 to $575,000
in 1932, or 77 per cent and increasing thereafter to $1,000,000 in 1933
or 73.9 per cent over 1932.
In 1929 this Subdivision employed 367 persons. After 1929 em-
ployment declined to 132 in 1932, or 64.0 per cent and increased
thereafter to 160 in 1933, or 21.2 per cent over 1932.
No data are available on average hours of labor or average wage
rates for the Subdivision. The effect of the wage and hour provi-
sions of the Supplemental Code cannot therefore be determined.
The wage provisions for the Subdivision, which is operating under
the Code of the Machinery and Allied Products Industry, provide
that employees engaged in plant operations shall be paid as follows:
(1) in cities of more than 50,000 population and their immediate
vicinity, 40 cents per hour; (2) in cities of more than 10,000 but not
more than 50,000 population and their immediate vicinity, which








cities are not in the immediate vicinity of a city of more than 50,000
population, 38 cents per hour; (3) in cities of 10,000 population or
less and their immediate vicinity, which cities are not in the imme-
diate vicinity of a city of more than 10,000 population, 36 cents per
hour, except that employees engaged in plant operations in all local-
ities in the states of Virginia, North Carolina, South Carolina,
Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas, Loui-
siana, Texas, and Oklahoma, shall be paid not less than 32 cents per
hour.
When females do substantially the same work as males or replace
males, they shall receive the same pay. However, no female em-
ployee shall be paid less than 87/Y2% of the proper rate for the
locality in which employed.
Office boys and girls and apprentices shall be paid not less than
80% of the minimum wage.
Employees other than those engaged in plant operations shall
receive not less than $15.00 per week.
This Supplemental Code provides that no person under sixteen
years of age shall be employed in this Subdivision.
RESUME OF SUPPLEMENTAL CODE
Article I states the purpose of the Supplemental Code.
Article II accurately defines specific terms applicable to the Sub-
division as used in this Supplemental Code.
Article III provides for the adoption of the employment provi-
sions of the Code of Fair Competition for the Machinery and Allied
Products Industry as approved by you on the seventeenth day of
March, 1934 and as from time to time amended.
Article IV provides for the adoption of Articles II, VI, VIII, and
IX of the Code of Fair Competition for the Machinery and Allied
Products Industry in accordance with the conditions of this Article
governing their adoption.
Article V provides for the establishment of the Code Authority and
defines its powers and duties.
Article VI provides for an accounting system and methods of cost
finding and/or estimating.
Article VII provides that no products shall be sold or exchanged
below a reasonable cost when the Code Authority determines that
an emergency exists.
Article VIII provides for methods of setting up, revising, and
filing price lists and discount sheets and terms of sale and payment.
Article IX sets forth trade practices for the Subdivision.
Article X establishes that no provision of this Supplemental Code
relating to pricing and marketing shall apply to export trade.
Article XI. This Supplemental Code and all the provisions thereof
are expressly made subject to the right of the President in accord-
ance with subsection (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule or regulation
issued under said Act. Provision is also made that modifications
may be submitted by the Code Authority.
Article XII provides means for withdrawal of this Subdivision
from the Basic Code and its continuance as an autonomous Code.








Article XIII establishes that no provision of this Supplemental
Code shall be so applied as to permit monopolies and monopolistic
practices or to eliminate, oppress, or discriminate against small
enterprises.
Article XIV states the effective date of this Supplemental Code.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Supplemental Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses 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 the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive 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 unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association representative of the aforesaid
Subdivision; and that said association imposes no inequitable
restrictions on admission to membership 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 operate to discriminate 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
Supplemental Code.
For these reasons, therefore, I have approved this Supplemental
Code, provided that certain provisions relating to price publications
are stayed, as stated in the Order.
Respectfully,
HUTGH S. JoHNSON,
Administrator.
JTLy 21. 1934.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE GAS-POWERED INDUSTRIAL TRUCK MANUFAC-
TURING INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY

ARTICLE I-PURPOSES
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
mental Code for the Gas-Powered Industrial Truck Manufacturing
Subdivision of the Machinery and Allied Products Industry, and
together with the Code of Fair Competition for Machinery and
Allied Products Industry, as amended, shall be the standard of fair
competition for this Subdivision, and shall be binding on every
employer therein.
ARTICLE II-DEFINITIONS
"Applicant" means the Gas-Powered Industrial Truck Associa-
tion, a trade organization, all members of which are engaged in the
manufacture for sale of the products of the Gas-Powered Industrial
Truck Manufacturing Subdivision of the Machinery and Allied
Products Industry.
Industry means the Machinery and Allied Products Industry,
as defined in its Code of Fair Competition as approved by the Presi-
dent, and as such definition may from time to time be amended.
Subdivision means the Gas-Powered Industrial Truck Manu-
facturing Subdivision of the Machinery and Allied Products Indus-
try as defined and set forth in an amendment to Article II of the
Code of Fair Competition for the Machinery and Allied Products
Industry as follows:
"Gas-Powered Industrial Truck Manufactu ring Subdivision
means the manufacture for sale of direct-gas-powered burden-benr-
ing industrial trucks used in and around factories; mills; railroad,
marine, and air terminals; warehouses; and similar establishments;
and direct-gas-powered industrial tractors for use in the foregoing
places for towing, pushing, sweeping, cleaning, and for other similar
operations. Vehicles designed primarily for commercial or highway
work are not included in this definition."
Code" means the Code of Fair Competition for the Machinery
and Allied Products Industry as approved by the President March
17 1934, and as from time to time amended.
Person means a natural person, a partnership, a corporation, an
association, a trust, a trustee, a trustee in bankruptcy, a receiver, or
other entity.
Employer" means any person engaged in this Subdivision either
on his own behalf or as an employer of labor.








"The Act" means Title I of the National Industrial Recovery
'Act.
The President means the President of the United States.
"The Administrator" means the Administrator for Industrial
Recovery.
Basic Code Authority means the Code Authority for the Ma-
chinery and Allied Products Industry as constituted by the Code.
Code Authority "means the Code Authority constituted for this
Subdivision as provided by the Code and by this Supplemental Code.
Group Code Authority" means the Code Authority for any
group or product classification within this Subdivision.
Publish means to make available to the public.
ARTICLE III-EMPLOYMENT PROVISIONS
The following Articles of the Code, viz: Article III, "Working
Huurs "; Article IV, "Wages"; and Article V, "General Labor
Provisions", are hereby made a part of this Supplemental Code,
with the same effect as if they were written into this Supplemental
Code.
ARTICLE IV-ADOPTION OF OTHER PROVISIONS OF CODE
The following Articles of the Code, viz: Article II, Defini-
tions "; Article VI, "Administration "; to the extent that they shall
be applicable to this Supplemental Code as such or as it may here-
after be administered as an autonomous code; Article VIII, Modi-
fications and Termination ", are hereby adopted and made a part
of this Supplemental Code, with the same effect as if they were
written into this Supplemental Code.

ARTICLE V-ADMINISTRATION
(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise, and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent
provided in the Code and in this Supplemental Code.
(b) During a period not to exceed sixty (60) days following the
effective date and pending the election of the permanent Code
Authority, the executive committee of the Applicant shall consti-
tute a temporary Code Authority.
(c) The Applicant shall, by written notice mailed (registered)
to all employers, whose names the Applicant has obtained after a
reasonably diligent search, call a meeting of employers to be held
within sixty (60) days after the effective date for the purpose of
adopting procedural rules and regulations for the election, organi-
zation, and operation of the permanent Code Authority and electing
a permanent Code Authority which shall consist of five (5) mem-
bers. The Administrator may, in his discretion, appoint one addi-
tional member (without vote and without expense to the Subdivi-
sion). The permanent Code Authority so elected and appointed
shall succeed the temporary Code Authority.
(d) Any employer shall be entitled to vote at the election of the
permanent Code Authority and at other meetings of employers and








share in the benefits of the activities of Code Authority and partici-
pate in any endeavors of Code Authority in the preparation of any
amendments or revisions of, or additions or supplements to this
Supplemental Code, by paying or agreeing to pay, as and when
assessed, his proper pro rata share of the reasonable cost of admin-
istering this Supplemental Code as determined by Code Authority.
The assessments shall be pro rata on the basis of employer's total
sales averaged over the two preceding years, and the total sales of
the Subdivision averaged over those same two years, or on any other
equitable basis.
(e) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority shall be by vote of the employers entitled
to vote as provided in Section (d) of this Article V, each such
employer to have one vote only. Action by employers in any Sub-
division meeting for the adoption of procedural rules, revisions, or
additions to this Supplemental Code, or the transaction of other
business of the Subdivision under this Supplemental Code, shall be
by vote of the employers in the Subdivision who are entitled to vote
threat as provided in Section (d), Article V of the Supplemental
Code, and are present in person or by proxy duly executed and filed
with Code Authority; cast and computed in the manner provided in
Section (d), Article VI of the Code, except that the unit of voting
shall be $50,000 of sales. All questions as to the number of votes
which each employer shall be entitled to cast at any meeting of em-
ployers other than the meeting held to vote for the election of the
permanent Code Authority shall be determined by Code Authority,
in accordance with Section (d) Article VI of the Code.
(f) In order that the Code Authority shall at all times be truly
representative of the Subdivi.sion and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modiHicat.ion in the method of selection of the Code
Authority.
(g) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for adminis-
trative purposes. There shall be a Group Code Authority approved
or appointed by Code Authority for each such group.
(h) If formal complaint, is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any employer,
Code Authority or the proper Group Code Authority may to the
extent permitted by the Act., cause such investigation or audit to be
made, as may be deemed necessary. If such investigation is made
by Group Code Authority it shall report the result of such investiga-
tion or audit to Code Authority for action.
(i) The Code Authority may appoint a Trade Practice Com-
mittee which shall meet with the Trade Practice Committees ap-
pointed under such other Codes as may be related to the Subdivision
for the purpose of formulating fair trade practices to govern the
relationships between production and distribution employers under
this Supplemental Code and under such others to the end that such
fair trade practices may be proposed to the Administrator as amend-
ments to this Supplemental Code and such other codes.








ARTICLr VI-ACCOUNTING AND COSTING
The Code Authority shall cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of use
by all employers of the Subdivision. After such system and methods
have been formulated, full details concerning them shall be made
available to all employers. Thereafter all employers shall determine
and/or estimate costs in accordance with the principles of such
methods.
ARTICLE VII'--SELLING BELOW REASONABLE COST
SECTION 1. When the Code Authority determines that an emergency
exists in this Subdivision and that the cause thereof is destructive
price-cutting such as to render ineffective or seriously endanger the
maintenance of the provisions of this Supplemental Code, the Code
Authority may cause to be determined the lowest reasonable cost of
the products of this Subdivision, such determination to be subject to
such notice and hearing as the Administrator may require. The Ad-
ministrator may approve, disapprove, or modify the determination.
Thereafter, during the period of the emergency, it shall be an un-
fair trade practice for any employer of the Subdivision to sell or
offer to sell any products of the Subdivision for which the lowest
reasonable cost has been determined at such prices or upon such
terms or conditions of sale that the buyer will pay less therefore than
the lowest reasonable cost of such products.
When it appears that conditions have changed, the Code Authori-
ity, upon its own initiative or upon the request of any interested
party, shall cause the determination to be reviewed.
SECTION 2. The foregoing Section 1 shall not apply to (a) dropped
lines, or (b) seconds, or (c) inventories which must be converted
into cash to meet emergency needs, all of which may be disposed
of by any employer at any price and on any terms or conditions, but
only if such employer, not less than two weeks before such
proposed disposal, has filed with Code Authority a statement in
writing setting forth the facts of, and reasons for, such proposed
disposal and the price and terms and conditions of sale, and Code
Authority has not (with the approval of the Administrator), before
the termination of such two week period, in writing, disapproved
the proposed disposal. Notice of such disposal, if not disapproved,
shall be sent immediately to all employers manufacturing products
of equivalent design, character, quality or specifications, who may
sell such products at prices and on terms and conditions as favor-
able as those stipulated in the proposed disposal, when meeting
the competition of such proposed disposal.
SECTION 3. The foregoing Section 1 shall not apply to a. sale made
in order to meet competition on products manufactured outside the
United States. For such disposal, any employer may sell, at prices
and on terms and conditions as favorable as those of the competing
foreign product, but only if he has first reported to the Code Author-
ity his intention so to sell, and the facts as to the competition which
justifies such action.








ARTrrcu VIII-PRICE LISTS
(a) If and when Code Authority determines that in any group
of the Subdivision it has been the generally recognized practice to
sell a specified product on the basis of net price lists, or price lists
with discount sheets, and fixed terms of sale and payment, each em-
ployer engaged in the manufacture of such product shall, within ten
(10) days after notice of such determination, file with Code Author-
ity a net price list, or a price list with discount sheet, as the case
may be, individually prepared by him, showing his current prices, or
prices and discounts, and terms of sale and payment for such speci-
fied product, and Code Authority shall immediately publish and send
copies thereof to all known employers who are cooperating under
this Supplemental Code as described in Article V (d) and engaged
in the manufacture of such specified products.
Revised price lists and/or discount sheets and/or terms of sale and
payment may be filed from time to time thereafter with the Code
Authority by any such employer, to become operative upon the date
specified therein, but such revised price lists and/or discount sheets
and/or terms of sale and payment shall be filed with the Code Au-
thority ten (10) days in advance of the operative date. The Code
Authority or the Group Code Authority may establish a shorter
period at any time provided no revisions waiting operative date
shall be affected thereby. Copies thereof, with notice of the opera-
tive date specified, shall be immediately published and sent to all
employers cooperating under this Supplemental Code a- described
in Article V (d), any of whom may file, if he so desires, revisions
of his price lists and 'or discount, sheets and/or terms of sale and pay-
ment, which shall become effective upon the date when the revised
price list and/or discount sheet and/or terms of sale and payment
first filed shall go into effect.-
(b) If and when Code Authority shall determine that in any
group of the Subdivision not. now selling its product on the basis
of price lists, with or without discount sheets, with fixed terms of
sale and payment, the distribution or marketing conditions in the
group are the same as, or similar to, the distribution or marketing
conditions in a group where the use of price lists, with or without
discount sheets and fixed terms of sale and payment is well recog-
nized, and that a system of selling on net price lists or price lists
and discount sheets with fixed terms of sale and payment for such
specified product should be put into effect in such group, then each
employer in such group shall within twenty (20) days after notice
of such determination, file with Code Authority net price lists or
price lists and discount sheets, with fixed terms of sale and payment,
showing his prices and discounts and terms of sale and payment,
and such price lists and/or discount sheets and/or terms of sale and
payment may be thereafter revised in the manner hereinbefore pro-
vided; and such methods of pricing and revisions thereof shall bd
"published and sent as described in Article VIII (a). Provided
that Code Authority shall make no determination, to place any prod-
uct of the Subdivision (not now on a price list basis) on a price list
basis, as provided in this Section unless affirmative consent to such
'See paragraph 2 of order approving this Code.








determination is given by a 662%% vote of employers who are at that
time cooperating under this Supplemental Code as described in
Article V (d), and are engaged in manufacturing such product. The
eligibility requirements, methods, and effect of such voting shall be
the same as is provided by Article V.
(c) No employer shall sell directly or indirectly by any means
whatsoever, any product of the Subdivision covered by provisions
of this Article VIII at a price or at discounts or on terms of sale
and payment, different from those provided in his own current net
price lists, or price lists and discount sheets, and terms of sale and
payment.
ARTICLE IX-TRADE PRACTICES

1. No employer shall indulge in destructive price cutting.
2. No employer shall secretly, directly or indirectly, offer to make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of money
or otherwise, nor shall an employer secretly offer or extend to any
customer any special service or privilege not extended to all
customers of the same class, for the purpose of influencing a sale.
3. No employer shall publish advertising (whether printed, radio,
display or of any other nature), which is misleading or inaccurate,
in any material particular, nor shall any employer in any way mis-
represent any goods (including, but without limitation, its use, trade
mark, grade, quality, quantity, origin, size, substance, character, na-
ture, finish, material, content, or preparation) or credit terms, values,
policies, services, or the nature or form of the business conducted.
4. No employer shall publish or circulate unjustified or unwar-
ranted threats of legal proceedings which tend to or have the effect
of harassing competitors or intimidating their customers.
5. No employer shall give, permit to be given, or directly offer to
give, anything of value for the purpose of influencing or rewarding
the action of any employee, agent or representative of another in
relation to the business of the employer of such employee, the prin-
cipal of such agent or the represented party, without the knowledge
of such employer, principal or party. This provision shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
ARTICLE X-EXPORT TRADE
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ments for export trade. Export Trade shall be as defined in the
Export Trade Act adopted April 10, 1918.
ARTICLE XI-MrODIFICATIONS
(a) As provided by Section 10 (b) of the Act, the Prci'i~~ t may
from time to time cancel or modify any order, approval, license, rule
or regulation issued under Title I of the Act.








(b) Any amendments, additions, revisions, or supplements of this
Supplemental Code, proposed by Code Authority, and authorized
by the affirmative vote of 66%% of the employers shall be in full
force and effect upon approval by the President. The eligibility
requirements, method and effect of such voting shall be the same
as provided by Article V hereof.
(c) This Suplemental Code shall terminate June 16, 1935, or on
such date prior thereto when the Act shall be repealed or the Presi-
dent shall, by proclamation, or the Congress shall, by joint resolution,
direct that the emergency recognized by Section I of the Act has
ended.
ARTICLE XII-WITHDRAWAL
Upon thirty days notice to the Basic Code Authority and to the
Administrator, this Subdivision may, upon the concurring affirma-
tive vote of employers, within the said Subdivision entitled to cast
two-thirds or more of all the votes that might be cast by all em-
ployers within the Subdivision entitled to vote thereon, withdraw
from the jurisdiction of the Basic Code Authority. The eligibility of
voters and the method and effect of such voting shall be in accord-
ance with the provisions of Article V hereof. After and in the event
such withdrawal is accomplished this Supplemental Code, together
with the provisions of the Code shall become and be the sole code
governing this Subdivision, and the Code Authority shall for this
Subdivision, become and be the sole Code Authority and shall per-
form all the functions with respect thereto.

ARTICLE XIII-MONOPOLIES
Applicant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemental Code presented by it is
not designed to promote monopoly, and shall not be so construed or
applied as to oppress or eliminate small enterprise or discriminate
against them, and is designed to effectuate the policy of the Act.

ARTICLE XIV-EFFECTIVE DATE
This Supplemental Code shall become effective and binding on
all persons engaged in the Subdivision on the eleventh day after its
approval.
Approved Code No. 347-Supplement No. 33.
Registry No. 1421-03.





UNIVERSITY OF FLORIDA


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