NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETTIION
INDUSTRIAL SAFETY EQUIPMENT
INDUSTRY AND INDUSTRIAL SAFETY
AS APPROVED ON FEBRUARY 21, 1935
r- U V. -L -
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Approved Code No. 315-Amendment No. 2
Registry No. 1399-24
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Approved Code No. 315-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
INDUSTRIAL SAFETY EQUIPMENT INDUSTRY
AND INDUSTRIAL SAFETY EQUIPMENT TRADE
As Approved on February 21, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE IN-
DUSTRIAL SAFETY EQUIPMENT INDUSTRY AND INDU-'I:,IAL SAFETY
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 the approval of an amend-
ment to a Code of Fair Competition for the Industrial Safety Equip-
ment Industry and Industrial Safety Equipment Trlad. and oppor-
tunity to be heard having been noticed to all interested parties, and
the annexed report on said amendment, containing finding& with re-
spect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recuvery Board, pur-nlint to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise;
does hereby incorporate, by reference, said annexed report and
does find that said amendment and the Code as constituted 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 amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
BARTON W. MURRAY,
D; i." 'ion, Administrator.
WASHINGTON, D. C.,
February 21, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on an Amendment to the Code of Fair Compe-
tition for the Industrial Safety Equipment Industry and Industrial
Safety Equipment, Trade. In accordance with the requirements of
the National Recovery Administration, due opportunity to be heard
was afforded to all interested persons, and all objections received were
given due consi1derat ion.
This Aiiuendiiitnt is designed to effectuate an open price policy.
The Assistant Deputy Administrator in his final report on said
Amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter;
The National Industrial Recovery Board finds that:
(a) The Aendmdent to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, 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 prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Amendment on behalf of the Industry as a whole.
(d) The Ain ndiment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The Amendment and the Code as amended are designed to
and will not eliminate or oppress small enterprises and will not
operate to discrimiiinate against them.
(f) Those engaged in other steps of the economic process have
not been deptrived of the right to be heard prior to approval of said
For these reasons, therefore, the Board has approved this Amend-
For the National Industrial Rec-ccv'ry Boaird:
W. A. HARRIMAN,
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY
AND INDUSTRIAL SAFETY EQUIPMENT TRADE
Amend Article VII by deleting Section 6 (g) and substituting in
lieu thereof, the following:
(g) Open Price Policy.-(1) When any group man:lufacturilng
and/or selling specified produict- of this Industry and/or Trade
decide by majority vote of such group, that it is dehiralble to adhere
to a policy of published prices for each individual member of the
group, it shall be mandatory for each member of the group to adhere
to this policy and each member of the product group shall file with
a confidential and disinterested agent of the Code Authority or, if
none, then with such an agent designated by the National Indlustrial
Recovery Board, identified lists of all of his prices, discounts, re-
bates, allowances, and all other terms or conditions of sale, herein-
after in this Subsection referred to as price terms", which lists
shall completely and accurately conform to and represent. the indi-
vidual pricing practices of said mIlelber. Such lists shall contain
the price terms for all such standard products of the product group
as are sold or offered for sale by said member and for such of said
member's non-standard products of said product group as shall be
designated by the Code Authority. Said price terms shall in the
first instance be filed within ten days after the date established by
the product group as the effective date for such first prict filing.
Price terms and revised price terms shall 1 ':'nime effective immedi-
ately upon receipt thereof by said agent. Immediately upon receipt
thereof, said agent shall by telegraph or other equally prompt means
notify said Imenilber of the time of such receipt. Such lists and revi-
sions, together with the effective time thereof, shall upon receipt be
immediately and simultane(utLly distributed to all members of the
product group and to all of their cu-tomers who have applied there-
for and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof and be
available for inspection by any of their customers at the office of
such agent. Said lists or revisions or any part thereof shall not be
made available to any peoron until released to all members of the
product group and their customers, as aforesaid; provided, that
prices filed in the first instance lshall not be released until the expira-
tion of the aforesaid ten day period after the date established by the
product group as the effective date for such first price filing. The
Code Authority shall maintain a permanent file of all price terms
filed as herein provided, and shall not destroy any part of such
record- except upon written consent of the National Indll-trial Re-
covery Board. Upon reqi'wit the Code Authority shall furnish to
the National Industrial Reco\vry Board or any duly designated
agent. of said Board copies of any such lists or revisions of price
(2) When any memlllber of the product group has filed any revision,
such member shall not file a higher price within forty-eight (48)
(3) No member of the product group shall sell or offer to sell any
products of the product group, for which price terms have been filed
pursuant to the provisions of this Subsection, except in accordance
with such price terms.
(4) No member of the product group shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the product
group to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Sublj.ction to create.
Approved Code No. 315--Amendment No. 2.
Registry No. 1399-24.
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