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NATIONAL RECOVERY ADMI
CODE OF FAIR COMPETITION
SAW MILL MACHINERY
(A Division of the Machinery and Allied Products Industry)
AS APPROVED ON OCTOBER 11, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
For sale by the Superinnden o u ns, ashinon D. Price 'en
For sale by the Superintendent of Dorunenis, Washinglon. D. C-- - Price 5 cenmt
UNIV. OF FL L:Q.
SU.. Ei0 -T J r
U.r. OiKQnTO .I_._
Approved Code No. 347-Supplement No. 43
Registry No. 1399-48
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 Buildiug.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
('Iiarlcstnii, S. C.: Chamber of Commerce Builling.
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 Builldin.
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 Federnl Building.
iMeeijilis, Tenn.: 229 ',i'leral Building.
1Min!lUi;iolis, Minn.: 213 Federal Buildinu.
New Orleans, La.: Room 225-A, Cstulin iiuse.
New York, N. Y.: 734 Cu'-tlinlmoue.
Norfolk, Va.: 406 Eaist Plume Street.
Philadelphia. Pa.: 2"2 Commercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
PFortlwlld. Oreg.: 215 New Post Office Bllillig.
St. Louis, Mo.: 506 Olive Street.
San Fr'l:.-i-:a. Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Oflice Building.
Approved Code No. 317-Supplement No. 43
SUPPLEMENTARY CODE OF FAIR COMPETITION
SAW MILL MACHINERY INDUSTRY
As Approved on October 11, 1934
Al'ISV\[NG SUP'LI:mENi.ASI:Y CODE OF FAIR COMPETITION FOR 'IllI: SAW
MILL MACHINERY INIU II
A DIVISION OF THE MACHINERY AND ALLIED PIRODULCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisionm, of Title I of the Natinl il Industrial
Recovery Act, approved June 16, 19I:;. for approval of a Supplemen-
tal Code of Fair Competition for the Saw Mill Machinery Stubdivi-
sion of Machinery and Allied Products Indi(t ry, and hearing having
been held thereon and the annexed report on said Supplemental
Code, containing findings with respect thereto, having been made
and directed to the Pre-dtildt:
NOW, THEREFORE, on behalf of the President of the United
States, the National Indi-trial Recovery Board, piir-i11:it to author-
ity vestedl in it by Ex"i-ntiv6 Orders of the President, including
Exet-ut lve Order No. 859, dated September 27, 1934, and otlhr\vip;
does hereby incorp(Irat-t by refern'ti said annexed report and does
find that said Supplemental CoLle,, complies in all respects with the
pertinent, provisions and will proimoite the policy and purposes of
said Title of said Act; and does hli, eby order that said Supph limental
Code of Fair Competition be and it is hereby approved; provided,
however, that the provis.-ons of Article VIII, Sectilns (a) and (b),
insofar as they prescribe a waiting period between the filing with the
Code Authority (or such agency as may be deigniited in the Sup-
plemiental Code) and the effective date of price list-, as originally
filed and/or revised price lists or revised terms and conditins- of
sale, be and tlhey hlereby are stayed pending further order.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYxNH, Adminiistrative Offi', r.
BARTON W. 1M IIII:.Y.
Division Ami .'.,:rator.
W.AsmINTON, D. C.,
October 11, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Supplemental Code of Fair Compe-
tition for the Sawmill Machinery Subdivision of Machinery and
Allied Products Industry, a public hearing on which was held in
Washington, D. C., on Decemllber 6, 1933, and reconvened on De-
cember 21, 1933. The hearings were conducted in full accordance
with the provisions of Title I of the National Industrial Recovery
.The Saiwmiill Machinery Subdivision, being truly represent;tative
of the manufacturreir of the products defined in Article II of the
Supplemental Code, has elected to formulate and submit a Supple-
mental Code of Fair Competition as provided in the second para-
graph of Article I of the Code of Fair Competition for the Ma-
chinery and Allied Produict. Industry, approved by you on the
seventeenth day of March, 1934.
The Subdivision includes the manufacture for sale of machinery
and parts thereof for use in sawmills for converting saw logs or
tinmber- into lumber and other timber products, and includes all
those engaged in the aii iiluf;a.turi of such machinery for sale.
ECONOMY I I'FFICT
Annual s:lles in the Subdivision, acerding to the code applica-
tion, declined from $2,540,000 in 1929 to $261,000 in 1932, or 90
per cent. The Subdivision has not furnilsed direct figures which
would indicate an increase in production for 1933. Aggregate in-
vested capital and production capacity have rm;aiined reasonably
E-tiniitllte showing employilment. for the citi-r, Subdivision sub-
mitted in the code application indicate that niiployment declined
frmii 657 wage' earners in 1929 to 1lS in 1933, or 71.4 percent.
The i.'tect of the 40-hour provision with production at more normal
levels may be (.sliiiiated on a basis of the 1930-131 average of total
man-hoiurs per v\-ek by dividing by the number of hours prescribed
in the code. After 1929, man-hom -;: declined steadily from 34,690 to
a minimum of 6,~;u in 1932, or approximiniely 80 percen~t. Average
man-hours iin l'3:, iniir-cr ;ia- to 13,750, or 98.5 percent, and have
relliniin ed almost constant.
If it is assumed that the 17,745 averagrc man-hours for 1930-1931
are representative of the volume of production for those years, and
a ea-T(Ii;tublt iin'atir of 1tman-homur r,(iiiiricints in a more normal
period. the adoption of the 40-hour week w\nild require a force of
apprixijiimat'ly 440 employee" or 67 pl vniit of the 19211 working
Owiin to the inmp-i-ibility of all employees of the Subdivision
w1\l1king the maximum 40) hours, thle avri\ile work \week will be
.-hlrter, :;iy 3; assumed e tfet ive hours, and mi!lpit.y itnt correspond-
ingly greater; viz. 490 workers will be inii.,dll to ,prdllr' f the
.I 30--1 "31 volume.
The minimum wm:iac provisions for the Subdivisions which are op-
erating iiler the Code of the lMalhinery and Allied Products In-
Oul-trv. are based on a flat minimum hn'rlyl rate of 32 cents per hour
for the South and the following city population differentials for all
other sections of the United States:
Over I. 4 i.ii1j I-i-i-l;ttion___----- ------ -__ ---- 40 cents per hour.
li,. ii0 to )i,(jl0:1 populationu----------------------- cents per hour.
10,000 pliuilfiatil and under____--------------------____ :'; cents per hour.
In addition to the minimum wai-e rates -hl\wnIi above, the Code
prlovid-e that women engaged in substantially the same work as
Imen. -hall receive the same rate of pay as such men employees; that
the minimum wage for women e.Implhiye. engaged in plant operation
shall be not less than 87.5 percent of the proper rate for the locality
in which ,employed as -pe-l fihd; and that the minimum in the South
shall be not less than 32 cents per hour.
Distribution of the number of factory workers receiving classified
rat.es. in the ipecified areas are not available. Consequently, it is only
possible to estimate the approximate number of factory worker., who
will receive the benefit of the proposed minimum hourly rates, re-
gardless of location, on the basis of the number of fact-r\y workers
re-,.,i\ii' less than the de.-ina-ited hourly rates as of June 15, 1I9:0.
Estimated number of factory tirorkers rcc ciingy lcss tihan d i ;i,, ,~a t hourly ratc-f
Distribution of factory
workers receiving less
than the minimum, re-
Proposed minimum hourly rates gardless of location
S[.,r'.-i ii .ie r li"'z r in i, e
40 cents n-iler r U. S.).-----. --------------------------------- 50.4 130
38 cents (other ..................--- .......--- ..----- ..---. --- 47.0 121
36 cents (other U. S.) .--..... -------------------------------- 43.6 112
32 cents .,.'.l ....... ...---------------------------------- 34.7 89
B3;r,,i on the distribution as of June 15, 1933 and on the .specified
perc:-.tage- of the number of factory workers receiving less than the
de-ignriited rates shown in the above table, the adoption of the pro-
pn1-c l minimum rates will probably cau e- an increase in factory pay-
rolls. The e.-tilmated incre;ise as of June 15, 1033, regardless of loca-
tion of tle worker-. will probably, under the most favorable condi-
tions. not exceed 14.0 per cenvt a-nuning only upward adjiustmeint in
the brackets below the 40-cent ininiinum and no change in man-hour
RESUME OF SUPPLEMENTAL CODE
Article I states the purpose of the Supplemenital 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 pro-
visions of the Code of Fair Competition for the Machinery and
Allied Products Industry, as approved by you, and as from time to
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 a Code Authority and
defines its powers and duties.
Article VI provides for an accounting system and methods of cost
finding and/or esti llating.
Article VII provides that no products of the Subdivision shall be
sold or offered for sale below a reasonable cost when the Code
Authority determines that an emergency exists.
Article VIII provides for method of setting up, revising and filing
price lists and disl-ouilt. hleet and terms of sale and payment.
Article IX states that no provision of this Supplemental Code
relating to pricing and marketing shall apply to export sales.
Article X provides for the modification of this Supplemental Code
by the Presidenlt. Provision is also made that modifications may be
-hil)ritted by the Code Authority to the Administrator for approval.
Article XI. No provision of this Suppleiieiital Code shall be so
applied as to permit monopolies, or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Article XII states the effective date of this Supplemiirntal Code.
The Assistant Deputy Administrator in his final report to us on
said Suppleni.-ntial Code having found as herein set forth and on the
basis of all the pr'.L-,.-'lii w-4 in this matter:
We find that:
(a) Said Siuppl,,iiitiil Code is well dcigiined to promote the
policies and purposes of Title I of the National In(dl-trial Recovery
Act, including removal of obstructions to the free flow of initertate
and foreign coiniirn-. which tend to diminish the amount thereof
and will provide for the g iwnr:il welf:lir by promoting the orlganiza-
tion of industry for the purpose of cooperative action along the
trade groups, by inducing and maintaining united action of labor
and manago' itiin under adequate governmental action and super-
vision, by (cli iiiiit in g unfair competitive practices, by pronot ing til
fullest possible iitilization of the pre.--cint productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the con-iunmption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemploymentn, by improving
standards of labor, and by otlierwi-c rehabilitating industry.
(b) Said Subilivi ion normally employs not more than 50,000
employee ; and is not classified by us as a major illndi-try.
(c) The Suppleliinc tal Code as approved ,comiplies in all respects
with the pertinent provi-sions of said title of said Act, including
without limitation Siub-ectiion (a) of Sectin 3, Sub'-ction (a) of
Section 7, and Siibl-ection (b) of Secrtion 10 thereof; and that the
applicant association is an indillu-tial n--owiation truly repr,'-.enta-
tive of the aforesaid Subdivision; and that said association imposes
no inequitable re-trictions on admission to membership therein.
(d) The Supplemental Code is not digillned to and will not per-
mit monopolies or monopolistic practice .
(e) The Supplemental Code is not de-iguied to and will not elimi-
nate or oppresl small enterpri-e'i and will not operate to di(,rilnmilate
(f) Those enl;igedi in other steps of the -'Imnwmi' process have
not been deprived of the right, to be heard prior to approval of said
For these reta-in-,, theref.,re. vtwe have approved this Supphlemental
Code, provided that certain provision relating to price publication
are stayed as stated in the Order.
NArTIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYN-cI, Admi,'tfrti.', Offcer.
OCTOBER 11, 1:.4.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
SAVW MILL MACHINERY INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
menetal Code of Fair Competition for the Saw Mill Machinery Sub-
division of the Machinery and Allied Products Industry, and
together with the Code of Fair Competition of Machinery and Allied
Products Indul.try, shall be the standard of fair competition for this
Sublivis.ion, and shall be binding on every member thereof.
"Applicant means the Saw Mill Machinery Manufacturers Asso-
ciation, a tlatle organization, all members of which are engaged in
the mamnufauture for sale of the products of the Saw Mill Machinery
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, March 17, 1934, and as such definition may from time to time
Subdivision means the Saw Mill Machinery Subdivision of the
Ma\cliinery and Allied Products Industry as defined and set forth
in paragraph 30 Article II of the Code of Fair Competition of the
Machinery and Allied Products Industry as follows:
Sawmill Machinery Subdivision" means the manufacture for
sale of illchliunery and parts thereof for use in sawmills for convert-
ing saw logs or timbers into lumber and other timber products, and
includes all those engaged in the manufacture of such maclhiniery for
Code means the Code of Fair Competition of the Machinery and
Allied Products Industry as approved by the Pr.-ideint, March 17,
J 934, and as from time to time amended.
"Person" means a natural person, a partnerlsip, a cnrlparation,
an association, a trust, a trui-t.'e. a trwi-toe in bankruptcy, a receiver
or other entity.
Employer means any per, sn .nL''uraed in this Suibdivision either
on his own behalf or as an employer of labor.
Employee' lliu:an any one who is employed in the Subdivision
by any such Employer.
"The Act neans Title I of the Natinillal Indulstrial Recovery Act.
"The Pre,.siidlnt means the President. of the United States.
Ba.,si Code Auitholrity ni" ;ilec the Code Authority for the
Mlaclhiinery and Allied Products Iniltdutry as constituted by the Code.
"Code Authority means the Code Authority corntituted for
this Subdivision as provided by the Code and by this Supplemental
"Group Code Authority" means the Code Authority for any
group or product classification within this Stubdivision.
Publish means to make available to till. public.
ARTICLE III-EM PLOYM !:NT POV ISI N S
The following Articles of the Code, viz: Article III, "Working
Hours "; 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
ARTICLE IV-AEOPTIOu OF OTHER IPR \ISIONS OF CODE
The following Articles of the Code, viz: Article II "Definitions"
Article VI, "Admininitration ", to the extent that they shall be
applicable to this Supplemental Code as such or as it may hereafter
be administered as an autonomous Code; Article VIII, Modifica-
tions and Termination"; and Article IX, "Withdrawal", are
hereby made a part of this Supplemental Code, with the same effect
as if they were written into this Supplemental Code.
ARTICLE V-AD l N I T r T i o N
(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise and facilitate the enforcement of the Code
and of tilis Supplemoental Code in the manner and to the extent
provided in the Code and in this Suppleimental Code.
(b) During a period not to exceed 'ixty (60) days following
the effective date and pending the election of the permanent Code
Authority, the executive committee of the Applicant shall constitute
a temporary Code Authority.
This Subdiv.ionl, having held an election for a permanent Code
Authority indler the provisi,,ons of the Code of Fair Compeition
for the Machinery and Allied Prod.l-tts Industry, the method of
election having been approved. anil the Code Authority having been
officially re'oglnized. the Ce 'ie .Athority so electel shall constitute
the first permi'iteit Code Authority for this Subdivi.ion. For sub-
sequent election.", the provi-ions of this Code for election of a per-
manent Code Authority shall apply.
(c) The applicant shall. by written nioti-.e mailed to all employers
whose inatIe- the applicant has obtaiinedil after reasonably diligent
search, call a meeting of employers to be held within -ixty (60)
days after the effective date for the pu1rpo!-e of electing a perma-
nent Colde Authority, which shall consist of not less than three
(3), nor more than nine (9) menmber-, and for the purpose of adopt-
ing procedural rules and regulations for the organization and opera-
tion of the permanent Code Authority. Such written notice shall
be sent by registered mail at least fifteen (15) days prior to the time
fixed for such meeting.
One of the members of the permanent Code Authority shall be
elected in any fair manner, with the approval of the National Indus-
trial Recovery Boaird, by employers in this Subdivision not members
of the Applieant, who are cooperating in this Supplemental Code as
described in Section (d) hereof, if so desired by such non-members.
Any vacancy on the Code Authority due to death, resignation, or
because a member thereof has ceased to be connected with the Sub-
division, shall be filled at a meeting of employers called by the Code
Authority on at least fifteen days' notice by regi-t,,red mail sent to
all employers in this Subdivision, and by a ,vote similar to the vote
by which the retired member was originally elected.
The National Industrial Recovery Board may, in its discretion,
appoint one additional member (without vote and without expense
to the Industry). The permanent Code Authority so elected and
appointed shall supersede the temporary Code Authority.
(d) Any employer shall be entitled to vote, either in person or by
proxy, 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 may participate in any endeav-ors of Code
Authority in the preparation of any amendment 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 administering this Supplemental Code as
determined by Code Authority and approved by the National Indus-
trial Recovery Board.
This pro rata share shall be computed on the basis of one share for
each $100,000 of the average annual sales billed f. o. b. plant by each
employer for the preceding two calendar years as reported to Code
Authority, to be co imputed at the beginning of each calendar year
and to apply throughout the then current year. Each employer
shall be obligated to pay at least one share.
(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 em-
ployer to have one vote only. Action by employers in any Sub-
divi.siini meeting for the adoption of prwlclural rules, revisions or
addition- to the Supplemental Code, or the transaction of other biui-
ine- of the Subdivision under this Supplemental Code, shall be by
vote of the employers in the Subdivision who are entitled to vote
tiie iat 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. All questions as to the num-
ber of votes which each employer shall be entitled to c(ast at any
iii,-tting of employers other than the meeting held to vote for the
election of the permanent Code Authority shall be determined by
Code Authority, in a.,.ordance with Section (d) Article VI of the
In (orlir that tli Code Authority shall at all tinies be truly repre-
-riit;ltive of the Subliv\iion and in other respect comply with the
provisions of the Act, the National Industrial Recovery Board may
pr:eil.-ibe such hearings as it may deem proper; and thereafter if it
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 modification of the Code Authority.
Each trade or industrial association directly or indirectly partici-
pating in the selection or activities of the Code Authority shall (1)
impose no inequitable restrictions on memblerlhip, and (2) submit to
the National Industrial Recov\ery Board true copies of its articles
of association, by-laws, regulations, and any aniendini'nts when made
thereto, together with such other information as to imenmbership,
organization, and activities as the National Industrial Recovery
Board may deem necessary to effectuate the purposes of the Act.
(f) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for admin-
istrative purposes. There may be a group Code Authority ap-
proved or appointed by a Code Authority for each such group.
(g) If formal complaint is made to Code Authority that, provi-
sions of this Supplemental Code have bel i viohlted by any employer,
Code Authority or the proper Group Code Authority may, to the
extent permitted by the Act, cause such inv,-.tigation or audit to be
made, as may be deemed necessary. If such inve-titigation is made
by Group Code Authority it shall report the result of such investiga-
tion or audit to Code Authority for action.
(h) The Code Authority may appoint a Trade Practice Commit-
tee which shall meet with the Tradr e Practice Committees appointed
under such other Codes as may be related to the Subdivision for the
purpose of formulating fair trade practices to g\'oern the relation-
ships between production and di-lribution employees under this
Supplemental Code and under such others to the extent that such
fair trade, practices may be prop:-ed to the National Industrial
Recovery Board as amendments to this Supplemental Code and
such other codes.
ARTICLE VI-ACCOrNTING AND COSTING
Thle Code Authority shall cu.i-l. to be formulated an accounting
sy-tem and nmeihods of cost finding mid/or estimating capable of
use by all emipllyers of the Subdivision. After such system and
methods have Ib:eni formulated, full details coii:,ririiig them shall
be male available to all employers. Ti ire:n tr all employers shall
determine and/or .c-timate costs in accorld.n;i' with the principles
of -uich methods.
Alr;,TIL VII--u.L1NG~.o BP-OW REASONABLE COST
SECTION 1. Whl-i the Code Authority determines that an iemer-
gency exists in this Slalivi-ion and that the cause thereof is de-
strnictive p_,ri*e-,n'tting such as to render ineffective or seriously
endanger the mainteiialnce of the provisions of this Supplemental
Code, the Code Authority may cause to be determined the lowest
reasonable cost of the products of this Subllivision, such d,.tcrim1ina-
tion to be subject to such notice and hearing as the National In-
dustrial Recovery Board may requi e. The National Industrial
Recovery Board may approve, disapprove, or modify the deter-
mnination. Thereafter, during the period of the emergency, it shall
be an unfair trade practice for any employer of the Subdivision
to sell or offer to sell any products of the Subdivision for which
the lowest reasonable cot 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 condition have changed, the Code Author-
ity, upon its own initiative or upon the request of any interested
party, shall cause the determination to be reviewed.
ARTICLE 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 terms of sale and payment, each employer
engaged in the manufacture of such product shall, within ten (10)
(days after notice of such determination, file with Code Authority a
net price list, or a price list with disculnt sheet, as the case may be,
individually prepared by him showing his current price-, or prices
and discounts, and terms of sale and payment for such specified
product, and Code Authority shall immediately publish and send
copies thereof to all known employers who are cooperating under
this Supphiniiiital Code as de- .ribed in Article V (d) and engaged
in the manufacture of such specified products.
Revised price lists and/or dil-ecount sheets and/or terms of sale
and payment may be filed from time to time thereafter with the
Code Authority by any stuch employer, to become operative upon the
d;t,1 specified therein, but such revi ed price lists and/or (diUsount
sheets and/or terms of sale and payment shall be filed with the Code
Authority ten (10) days in advance of the operative date. Copies
thereof, with notice of the operative date specified, shall be iniii:di-
ately published and -ent to all employers coopenrting under the Sup-
jple' ntiitil Code as de-c'ribed in Article V (d), any of whom iilvy
file, if he so desires, revisions of his price lists and/or discount shletes
and/or terms of sale and payment, which shall become effective, upon
the date when the revised price list and/or discount sheets and/or
terms of sale and paynlirnt first filed shall go into effect.
(b) If and when Code Authority shall determine that in any
group of the Subtlivi-inn not now selling its product on the basis of
price lists and/or discount sheets and/or terms of sale and payment,
the distribution or marketing conditions in the group, are the .-ime
as. or similar to, the distribution or marketing conditions in a group
where the use of price lists and/or discount s-lwets and/or terms of
.-lle and payime.nt is well recognized, and that a system of selling on
net price lists or price lists and discount sheets with terms of sale
i1d lipn 'lnmnt for such ip)rified product should be put into effect in
such group,11 then c;ih employer in such grii p shall within twenty
(20) (lays after notice of such determinnation, file with Code Akuthor-
ity net price lists or price li-t; and discount sheets, with terms of sale
and p1iynie t. slowing his prices and discount sheets, with terms of
sale and p:iycnt, and such price lis-t and/or discount sheets, and/or
terms of sale and l,:iriient mj;y be thereafter revised in the manner
h_.rreinbilfoir, provided. Such methods of pricin-s andi revisions
thereof shall be "published and sent" as described in this Article
VIII, Section (a). Provided that Code Authority shall make no
determination to place any product 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 determination i- giv en by a two-
thirds vote of employers who are at that time cooperating under this
Supplemental Code as described in Article V (d), and are engaged
in Ianunfacturing such product. The eligibility requirements,
method, and effect. of such voting shall be the same as is provided by
(c) If and when Code Authority shall determine that it is unde-
sirable to continue the filing of net price lists and/or price lists with
discount ;heet;- and/or fixed terms of sale and payment on any prod-
uict in respect of which such filing has theretofore been required,
such filing shall cease and the provisions of this Article shall not
apply to such product unless and until Code Authority shall again
determine that such filing be i,,nde.
(d) Code Authority for the purpose of determining lowest reason-
able cost, shall have power, on its own initiative, or on the complaint
of any employer, to investigate, to the extent permitted by the Act,
any price or the terms of sale and1 payment for any product shown
in any price list and/or discount sheet so filed with Code Authority
by any employer; and, for the purpo-e of the investigation thereof,
to require .-ni'h employer to furnish such information concerning the
cost of manufacturing and selling such product as Code Authority
shall deem necessary or proper for such purpose.
No employer shall sell directly or indirectly, by any means what-
soever any product of the Indlu.try covered by provisions of this
Article VIII at a different price or on more favorable terms of
paynient, than th pr.e provided in his own current net price lists, or
price lists and discount sheets.
ArIrTi'LI: IX-SALES FOR EXPORT
The provisions of this Suppleitnntal Code concerning pricing and
marketing shall not apply to direct export sales of any product or
to sales of any product destined ultimately for export. The term
"export" shall include all shipn:ents to all places without the sev-
eral States of the United States and the District of Columbia; pro-
vided, however, that no shipment. to any territoiry0 or po0se;ion of
the United States shall be considered an export when any employer
is engaged in the subdivi-iron in such territory or possession.
ARTICLE X--M-I IIICATIONS
(a) As provided by Section 10 (b) of the Act, the Pre-ident may
from time to time cancel or modify any order, apprnivl, licen-e, 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 two-thirds of the employers, shall be in full
force and effect upon approval by the National Industrial Recovery
Board. The eligibility requirements, method and effect of such vot-
ing shall be the same as provided by Article V hereof.
No provision of this Supplemental Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discrimiiiilte against small enterprises.
ARTICLE XII-EFFECTIVE DATE
This Supplemental Code shall become effective and binding on all
pl'erons' engaged in the Subdivision on the eleventh day after its
Approved Code No. 347-Supplement No. 43.
Registry No. 1399-48.
UNIVERSITY OF FLORIDA
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