Code of fair competition for the business furniture, storage equipment, and filing supply industry as approved on Novemb...

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Title:
Code of fair competition for the business furniture, storage equipment, and filing supply industry as approved on November 4, 1933 by President Roosevelt
Physical Description:
v, 26 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Office furniture industry -- United States   ( lcsh )
Office equipment and supplies industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1137-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931641
oclc - 646306857
System ID:
AA00008374:00001

Full Text

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' I / ,', Registry No. 1137-1-01


NATIONAL RECOVER ADMINISTRATION




CODE OF FAIR OMPElTON

S. FOR THE \

.BUSINESS FURNITURE, STORAGE

I-.EQUIPMENT, AND FILING SUPPLY

INDUSTRY

AS APPROVED ON' NOVEMBER 4, 1933
DBY
PRESIDENT ROOSEVELT


WE DO OUR PART


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


pentenden of Documents Was on, D.C Price cents
luperintendent of Documents. Washington, D.C. - Price 5 cents






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign
and Domestic Commerce.
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EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE BUSINESS FURNITURE, STORAGE
EQUIPMENT, AND FILING SUPPLY 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 my approval of a Code
of Fair Competition for the Business Furniture, Storage Equipment,
and Filing Supply Industry, and hearings having been held thereon
and the Administrator having rendered his report containing an
analysis of the said code of fair competition together with his rec-
ommendations and findings with respect thereto, and the Admin-
istrator having found that the code of fair competition complies
in all respects with the pertinent provisions of title I of said act
and that the requirements of clauses (1) and (2) of subsection (a)
of section 3 of the said act have been met:
NOW THEFORE, I, Franklin D. Roosevelt, President of the
United states, pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do approve the report and recommendations and adopt
the findings of the Administrator and do order that the said code
of fair competition be, and it is hereby, approved.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
November 4, 1933.
Approval recommended:
HUGH S. JOHNSON,
Administrator.













NOVEMBER 2, 1938.
THE PRESIDENT,
The White House.
SIR: A proposed Federated Code of Fair Competition for the
Business Furniture, Storage Equipment, and Filing Supply Industry
was submitted to the Administrator on August 14, 1933, by 89% of
the known members of the Industry. The hearing was conducted
in Washington on September 21, 1933, and the Code was revised
during the recess of this hearing and is submitted in its present form
for approval. Every person who requested an appearance was prop-
erly heard in accordance with statutory and regulatory requirements.
The Industry's sales closely reflect any fluctuation in general busi-
ness conditions. Its volume, therefore, in the past four years shows
a drop of 75% with an attendant drop of only 53% in number of
employees. The majority of the Industry immediately signed the
President's Reemployment Agreement, with substitutions granted
by the P.R.A. Policy Board, resulting in a net increase in em-
oyment, as shown by the report of the Research and Planning
Department of approximately 231/2% over the average number of
wage earners employed in the first half of the year 1933. The re-
employment of labor, with attendant increases in yearly pay roll
will be further accelerated by increase in the volume of business of
the Industry, and has been materially increased since the date of
the.figures submitted to the Research and Planning Department.
RESUME OF CODE

Article I states the purpose of the Code.
Article II accurately defines specific references made in the Code.
Article III establishes a National Emergency Committee consist-
ing of one representative of each division of the Industry elected by
the various divisions, with additional (not exceeding three) repre-
sentatives to be appointed by the President.
Article IV provides machinery for obtaining statistics.
Articles V, VI, and VII set forth the mandatory labor provisions,
minimum age requirements, maximum hours, and minimum wage
rates. The maximum hours are limited to 40 per week for factory
and office employees, except. that in any six weeks of any six months'
period such employees shall be permitted to work 48 hours. The
minimum wage rate, varying from $15.00 to $14.00 for office and
salaried employees (except outside salesmen), is based on population
differentials. For factory employees the minimum rate is 400 per
hour for male and female employees, except in one division, where
the minimum rate for female employees is 354 per hour.
An overtime rate is provided for employees under certain specified
conditions.








Learners without previous experience may not constitute more
than 5% of the total number of employees and their wages shall not
be less than 80% of the specified minimums. The same provisions
apply to disabled or infirm employees. Higher paid employees are
protected by an equitable readjustment clause.
Article VIII provides for planning and development by the
Industry.
Article IX and Exhibit C (Divisional Supplemental Codes) set
forth the Fair Trade Practices for the Industry.
Article X sets forth the procedure to be followed in the event
of a violation of the Code.
Articles XI, XII, and XIII contain the mandatory provision
respecting amendments, and provide for the submission of proposed
amendments by members of the Industry as well as submission of
further supplemental divisional Codes.
Article XIV recommends limitation of price increases.
Article XV states the effective date.
FINDINGS

The Administrator finds: A. This Code complies in all respects
with the pertinent phrases of Title I of the Act, including without
limitation, subsection A of Section 7, and subsection B of Section 10
thereof; B. The Committee which proposes the Code is truly repre-
sentative of the Business Furniture, Storage Equipment, and Filing
Supply Industry, and the By-laws of the Associations representating
the divisions thereof provide no inequitable restrictions to member-
ship; C. The Code is not designed to promote monopolies or to
eliminate or oppress small enterprises and will not operate to dis-
criminate against them, and will tend to effectuate the policy of
Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully,
HuGH S. JOHNSON,
Administrator.




i












CODE OF FAIR COMPETITION FOR THE BUSINESS FURNI-
TURE, STORAGE EQUIPMENT, AND FILING SUPPLY
INDUSTRY
ARTICLE I-PURPOSE
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a Code of
Fair Competition for the Business Furniture, Storage Equipment,
and Filing Supply Industry, and upon approval by the President
shall be the standard of fair competition for such industry and shall
be binding upon every member thereof.
ARTICLE II-DEFINITIONS
Wherever used in this code and/or its divisional supplemental
codes, the following definitions shall apply:
The terms President ", "Act ", and "Administrator shall mean
respectively the President of the United States, the National Indus-
trial Recovery Act, and the Administrator of said Act.
The term "Industry" means and includes the business of pro-
ducing and selling in the United States any or all industry products.
The terms Member and/or Member of the Industry means
and includes any person, firm, association, or corporation engaged in
the business of the Industry as defined herein.
The term Employee means and includes anyone engaged in
the industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
The term Employer means and includes anyone by whom any
such employee is compensated or employed.
The term "Apprentice" means a person, usually a minor, who
agrees to serve an employer for a certain stated period of time at
predetermined wages for the period in order to learn the trade.
The term Learner" means an employee without previous me-
.chanical experience engaged to become competent on one or more
machine operations but who shall not be so classified after ninety
days' experience.
The term "Industry Products" means and includes all products
as liereinafter enumerated and defined under Divisions ", and such
other products as may be enumerated and defined in divisional sup-
plemental codes which are or may be attached to and made a part
of this code as provided in Art. XII hereof.
The term Divisions means and includes the several parts of the
Industry which are (or may be) established, and are (or may be)
defined in the divisional supplemental codes.
19506 ---188-156--33 11




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2

The Divisions hereby established are as follows:
Steel Office Furniture Division:
Vertical filing cabinets.
Horizontal sections and half-sections, and bookcases.
Hi-lne and book-shelf units.
Card index cases.
Transfer units.
Desks.
Tables.
Storage cabinets and wardrobes.
Steel Shelving Division:
Industrial and general-purpose steel shelving, miscellaneous fittings,
attachments, and accessories.
Steel Locker Division:
Box Lockers.
Single-tier Lockers.
Double-tier Lockers.
Two-person and Compartment Lockers.
Miscellaneous Fittings as used in schools, clubs, gymnasiums, commer-
cial and industrial establishments.
Visible Filing Equipment Division:
Cabinets, panels, pockets, cards, and other inserts, signalling and other
devices for visible filing.
ARTICLE III-ADMINISTRATION

The Industry shall, with the approval of the President, establish
and empower a suitable agency herein referred to as the National
Emergency Committee, to assist the Administrator in administering
the provisions of the Act as set forth in this code. This Committee
shall consist of one representative of each Division of the Industry,
to be elected by the members of such Division, each member having
one vote. The Government may be represented on said Committee
by (from one to three) members, without vote, to be appointed
by the President. Such governmental representatives will be ap-
pointed for terms of from six months to one year. In case more
than one such representative is appointed, the terms of appointment
will be so arranged that they do not expire at the same time.
Each trade or industrial association directly or indirectly partici-
pating in the selection or activities of the National Emergency Com-
mittee shall: (1) Impose no inequitable' restrictions on membership
and (2) subrmt to the Administrator two copies of its articles of
association, bylaws, regulations, and any amendments when made
thereto, together with such other information ,as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
In order that the National Emergency Committee or Divisional
Code Committees shall at all times be truly representative of the
industry and in other respects comply with the provisions of the Act,
the Administrator may provide such hearings as he may deem proper;
and thereafter if he shall find that any such Committee is not truly
representative or does not in other respects comply with the provi-
sions of the Act, may require an appropriate modification in the
method of selection of any such Committee.
Subject to the approval of the Administrator, the Committee may
approve the establishment of additional Divisions; shall delegate
to all Divisions all necessary power and authority for the administra-








tion of this code within the Divisions; but shall reserve and retain
the power and duty to enforce the provisions of this code.
Subject to the approval of the Administrator, this Committee shall
issue and enforce such rules, regulations, and interpretations, offer
- such amendments hereto, and designate such agents and delegate
such authority to them as may be necessary to effectuate the pur-
poses and to enforce the provisions of this code.
Any action taken by the National Emergency Committee, or by
any divisional code committee, or by any divisional planning and
classification board may be reviewed by the Administrator, at his
option, and modified or disapproved.
ARTICLE IV-CODE REPORTS AND FEES
Members shall make periodically to the National Emergency Com-
mittee, through their respective Divisions, such reports on wages,
hours of labor, conditions of employment, number of employees, pro-
duction, shipments, sales, stocks, prices, and other data pertinent to
the purposes of this code as may be required by the Administrator or
the National Emergency Committee in assisting the Administrator
in administering the provisions of the Act.
In addition to the information required to be submitted to the
National Emergency Committee, there shall be furnished to Govern-
ment agencies such statistical information as the Administrator may
deem necessary for the purposes recited in Section 3A of the Act.
Except as otherwise provided in the Act, all statistical data filed
with the National Emergency Committee in accordance with the
provisions of this Artcle shall be confidential and the data of one
member shall not be revealed to any other.member, except that for
the purpose of administering or enforcing the provisions of this
code, the said Committee and the Administrator, by their duly
authorized representatives, shall have access to any and all statistical
data that may be furnished in accordnce with the provisions of this
code.
Members shall be entitled to participate in and share the benefits of
the activities of the National Emergency Committee and to partici-
pate in the selection of the members thereof by assenting to and
complying with the requirements of this code and sustaining their
reasonable share of the expenses of its administration, and by per-
mitting, for the purposes of the code, inspection of pertinent records
by an impartial agency, to be approved by the National Emergency
Committee and the Administrator. The reasonable share of the
expenses of administration shall be determined by the National
Emergency Committee on such basis as may be deemed equitable.

ARTICLE V-LABOR'PROVISIONS
(a) Employes shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
19506 -188-156--33-2







(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing.
(c) Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
ARTICLE VI-HouRs or LABOR AND MINIMUM WAGE
The maximum hours of labor of employees of members, and the
minimum wages which shall be paid by members shall be as shown in
the attached Exhibit A, which is specifically made a part of this code.
ARTIcLE VII-CHaLD LABOR
No person under 16 years of age shall be employed in the Industry
nor anyone under 18 years of age at operations or occupations haz-
ardous in nature or detrimental to health. The National Emergency
Committee shall submit to the Administrator for approval a list of
such hazardous occupations, within 60 days after the effective date of
this code.
An employer shall be deemed to have complied with this provi-
sion, if he shall have on file a certificate duly issued by the authority
empowered to issue employment certificates under the state law
showing that the minor is of the required age.
ARTICLE VIII-PLANrNIN AND DEVELOPMENT
In order that economies in manufacture and distribution, stand-
ardization, and simplification of industry products, and more efficient
methods of conducting the business of the Industry may be devel-
oped, the National Emergency Committee shall cause to be estab-
lished in each Division a Planning and Classification Board, which
shall from time to time make studies and recommendations to their
respective Divisions on any phase of the business of the Industry,
including stabilization and regularization of employment, included
in said Division. If approved by said Division and referred to the
National Emergency Committee, the Committee shall make, modify,
or rescind rules and regulations, as may be necessary and proper to
effectuate the purposes of such recommendations.
Nothing herein contained shall be applied to restrict development
or advancement of the Industry, or to prevent any member from
manufacturing any industry product, or perfecting developments,
or making changes or additions.
ARTICLE IX-UNFAIR PRACTICE
For all purposes of this code the practices described in Exhibit B
hereto annexed, and all other practices which shall be declared to be
unfair practices by any amendment to this code, duly approved by
the President, are hereby declared to be unfair methods of competi-
tion in commerce, and knowingly using or employing any of them
by any member of the Industry directly or indirectly through any








officer, employee, agent, or representative shall be deemed to be a
violation of this code.
ARTICLE X-VIOLATION
Any violation by any member of any provision of this code, or of
any provision of any divisional supplemental code to which he is
subject shall constitute a violation of the code by such member.
The offender shall be subject to the penalties imposed by the Act.
A procedure for investigation of violations shall be adopted by
each Division, subject to the approval of the National Emergency
Committee.
ARTICLE XI-CANCELLATION OR MODIFICATION
This code and all the provisions thereof are expressly made subject
to the right of the President, in accordance with the provisions of
subsection (b) of Section 10 of the National Industrial Recover
Act, from time to time to cancel or modify any order, approval
license, rule, or regulation issued under Title I of said Act; and
specifically, but without limitation, to the right of the President to
cancel or modify his approval of this code or any conditions imposed
by him upon his approval thereof.
This code is intended to be a basic code, and study of the trade
practices of the Industry will be continued by the National Emer-
gency Committee with the duty of submitting from time to time
recommendations to the Administrator respecting amendments, re-
visions, and/or supplementary provisions to this code, which, upon
his approval after such hearing as he may prescribe, shall become
a part of this basic code, and shall have full force and effect as
provisions hereof.
Such'recommendations shall first be approved by the members of
the Division affected thereby, and, if so approved, must be submitted
to the Administrator.
ARTICLE XII-SUPPLEMENTARY CODES
Supplemental code provisions affecting or pertaining to Divisions
of the Industry are contained in Exhibit C attached hereto, which is
specifically made a part of this code. Additional supplements affect-
ing or pertaining to Divisions may be filed with the Committee and
if not inconsistent with the provisions of this code may be recom-
mended by it to the Administrator. When approved by the Admin-
istrator such supplements shall have the same force and effect as any
other provisions of the code.
ARTICLE XIII-MONOPOLES
(a) This code is not designed to promote monopolies and shall not
be availed of for that purpose.
(b) The provisions of this code shall not be so interpreted or
administered as to eliminate or oppress small enterprises or to
discriminate against them.






6

ArrCLE XIV-PRImo INCnAmaS
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of good and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in the
seller's costs.
ARnirrc XV-ErnmorrvE DAT
This code and amendments thereto shall be in effect beginning ten
days after their approval by the President.














EXHIBIT A


SEzCTON 1. On and after the effective date, the minimum wages of all employes
(except as hereinafter provided) of any member shall be at the following
hourly rates:
To male factory employes, 40 cents.
To female factory employes, 40 cents for Steel Office Furniture, Steel Shelving,
and Steel Locker Divisions; 350 for Visible Filing Equipment Division.
The above minimum wages are not to be considered as a discrimination by
reason of sex. Where women do substantially the same work or perform
substantially the same duties as men, they shall receive the same wages as
the men who do such work or perform such duties; and when they displace
men they shall receive the same wages as the men they displace.
Nothing in this Section shall apply to or affect any employee apprenticed
to any employer by an indenture made in pursuance of the laws of any state
of the United States, or by a written contract under any apprentice system
established and maintained by any employer, provided such agreements are,
and each additional agreement as made is, filed with the National Emergency
Committee, and provided that this exception shall apply to such employes
only during the period that they are receiving less than the minimum rate.
Learners (other than apprentices) may be paid not less than 80 percent of
the minimum wage paid for the same class of work they may be learning,
up to the point where the net amount received by a learner would be in excess
of 40 cents per hour, and provided that the total number of learners who shall
receive less than the minimum wage shall at no time exceed more than five
percent of the total number employed by such employer.
Nothing in this Section shall apply to any employee who by reason of a
disability and/or infirmity is competent only for light employment; provided,
that the wages paid to such employes shall not be less than 80 percent of the
minimum rates of pay specified in this code; provided further, that the total
number of such employes shall not constitute more than five percent of the
total number of factory employes subject to the provisions of this code in
any one plant; and provided, that a list of such employes shall be filed with
the National Emergency Committee.
The wage differentials for all operations being paid more than the minimum
shall be equitably readjusted by all employers who have not made such adjust-
ments since June 15, 1933, and in no case shall they be decreased. Each
member of the industry shall report all such readjustments to the National
Emergency Committee within 30 days of the effective date of the code.
SEC. 2. It is agreed that Section 1 establishes a guaranteed minimum rate of
pay for employes compensated on a piecework or any other basis.
Swo. 3. Factory employes (excluding service employes engaged in outside
work away from the manufacturing plant, department foremen, repair crews,
firemen, engineers, and watchmen) may work not more than 40 hours in any
one week, nor more than eight hours in any one day; except that to meet peak
demands such employes may work not more than 48 hours in any one week
and not more than 10 hours in any one day for not more than six weeks in any
six months' period. An employee working on Sundays and legal holidays or
beyond nine consecutive hours per day, plus an interval of not more than one
hour, shall be paid not less than one and one half times his normal rate.
The maximum hours fixed in this section shall not apply to any employee on
emergency maintenance or emergency repair work involving break-downs or
protection of life or property, but in any such special case at least one and one
half times his normal rate shall be paid for hours worked in excess of the
maximum hours herein provided.
Firemen and engineers are to have 10 percent tolerance above the maximum
hours herein specified.
Watchmen may work 84 hours in two weeks on alternate shifts of 36 and 48
hours per week.






8

SB. 4. Office and salaried employes (except outside salesmen and those
employed in a managerial or executive capacity and earning more than 3$5.00
a week) covered hereby may work not more than 40 hours in any one week,
except that to meet peak demands such employes may work not more than
48 hours in any one week for not more than six weeks in any six months'
period.
The minimum wages of office and salaried employes covered hereby shall not
be less than the following weekly rates:
In cities having 500,000 population or over, or in the immediate trade area
of such city, at the rate of $15.00 per week.
In cities having less than 500.000 and more than 250,000 population, or in the
immediate trade area of such city, at the rate of $14.50 per week.
In cities having less than 250,000 population, or in the immediate trade area
of such city, at the rate of $14.00 per week.
Sma. 5. Within each state this code shall not supersede any law of such state
imposing more stringent requirements as to maximum hours of labor or mini-
mum wages than are imposed under the provisions of this code.















EXHIBIT B


LIST OF UNFAIR PRACTICES

A. REBATES

(a) The secret payment or allowance to purchasers of industry products,
of rebates, commissions, bonuses, refunds, credits, unearned discount, or sub-
sidies of any kind, whether in the form of money, services, or otherwise, or
the giving of premiums, or extending to certain purchasers special service or
privileges not extended to all purchasers under like terms and conditions.
(b) The enticing or attempting to entice away the agents or dealers of any
competing member of the Industry by offering goods on consignment, accepting
long-term notes in payment for goods, postdating invoices, or offering special
discounts on carload lots.

B. BRIBERY

Directly or Indirectly to give or permit to be given or offer to give money or
anything of value to agents, employes, or representatives of customers or
prospective customers, or to agents, employes, or representatives of competitors'
customers or prospective customers, as an inducement to influence their
employers or principals to purchase or contract to purchase industry products
from the maker of such gift or offer, or to influence such employers or prin-
cipals to refrain from dealing or contracting to deal with competitors, or to
allow to salesmen or other employes or agents expense money for any other
purpose than legitimate expenses of travel and subsistence, or to permit any
funds to be disbursed in any unlawful way to influence business.

C. BREACH OF CONTRACT

Any wilful attempt to induce a breach of any existing bona fide contract or
order for a definite amount of industry product or to prevent the performance
of any contractual duty or service under any bona fide contract or order for
the sale of industry products.

D. ENTICEMENT OF EMPLOYES

The enticement of an employee of a competitor from his employment with
the purpose or effect of injuring or embarrassing such competitor in his busi-
ness. Nothing herein shall prevent any employee from offering his services
to a competitor, nor prevent any member from employing an employee of another
member where the initiative in such change of employment comes from the
employee.
E. MISREPRESENTATION

(a) The making, causing or permitting to be made or published, of any
false, untrue, or deceptive statement by way of advertisement or otherwise; or
(b) The marking or branding of products for the purpose or with the effect
of misleading or deceiving purchasers; or
(c) The sale or offering for sale of any product with the intent to deceive, or
the effect of deceiving, the purchaser;
by false or misleading statements, or by concealment of the facts concerning
grade, quality, character, nature, origin, manufacture, or performance of any
item of industry products.









r. DEFAMATION OF COMPEITTIM

The defamation of a competitor by words or acts which disparage his business
integrity, his ability to perform his contracts, his credit standing, or the grad,
quality, or reliability of his goods.

G. GUARANTY AGAINST DECLINE

The sale or offering for sale of any industry products under any form of
guarantee to the purchaser or proposed purchaser against either an advance or
decline in the price of such industry products.

H. FALSE RECORD

(a) Withholding from or inserting in an invoice or contract statements which
make the invoice or contract a false record, wholly or in part, of the transaction
represented on the face thereof.
(b) Postdating any contract or invoice, or predating any contract or Invoice
except to conform to a bona fide agreement for the purchase or sale of industry
products on the predate.

I. CONCEALED BIDDING

The inclusion of prices, discounts, or terms on any Items of industry product
with prices, discounts, or terms of any other product or products, or any means
used to quote or contract to sell any industry products in any manner which
prevents any interested person from obtaining accurate information as to the
actual prices charged for such industry products separately..














EXHIBIT 0


- DIvIsoNAL SUPPLEMENTAL CODE fO THE STEEL OFniC FURNrITUE INDUSTRY

ARTIOLB I-PURPOSE

The purpose of this divisional supplemental code is to supplement the base
code of the Business Furniture, Storage Equipment, and Filing Supply Industry,
to make it specifically applicable to the Steel Office Furniture Industry, a
division thereof.
ARTICLE In-NDUSTRY

This Industry shall be defined as including anyone engaged in the manu-
facture and sale of any item of steel office furniture (hereinafter referred to
as "industry products") as defined in Art. II of the basic code under Steel
Office Furniture Division ", either as a stock item or offered as a substitute for
or in competition with such item.

ARTICLE III--ODE AUTHOIrTY

(a) A Code Committee, consisting of one nonvoting representative of the
Administrator, if the Administrator so elects, and seven members of the
Industry shall constitute the code authority of said Industry. Each class of
member as defined below shall be represented by at least one member on the
Code Committee.
(b) Each member of the Industry shall within thirty days after the effective
date of this code certify to the Secretary of the National Emergency Com-
mittee under oath the total net wholesale value of domestic shipments of all
industry products for each month of the calendar year next preceding the
above date, and for each succeeding calendar month up to the date of such
certification, and shall thereafter certify such values monthly within forty-five
days after expiration of each succeeding calendar month.
(c) In the election of the Code Committee and in all cases where voting
power is exercised by the members of the Industry, the members shall be
divided into five classes, based on volume of production as above deter-
mined, and such voting power shall be determined as follows:
One fifth of the highest value of shipments, as defined in par. (b), reported
by any member for the next preceding calendar year shall be the base value.
The number of votes to which each member is entitled shall be the quotient
obtained by using this base value as a divisor and the value of shipments
reported by said member for the same year as a dividend. For the purpose
of this computation fractions shall be considered as whole numbers.

ARTICLE IV-PLANNING AND CLASSIFICATION

In order to effectuate the purpose of Article VIII of the basic code, a list
of all items of industry products now being offered as stock items by any
member shall be submitted, and specifications and samples shall be made avail-
able within thirty days after approval of this code to the Planning and Classi-
fication Board of the Industry for assignment thereof to its proper classifica-
tion as referred to in Schedule A. No stock Item not Included in the list
originally submitted by him shall be sold or offered for sale by any member
until after classification by the Planning and Classification Board, as above
provided, and approval of said classification by the Code Committee, nor until
after all requirements for publication contained in Article VI hereof have been
completely fulfilled. All action under this section shall be taken within 80
days after submission by the member.
(11)







12

ARTICLE V-DISCRIMINATION

(a) No member shall make any sale or contract of sale, directly or indirectly,
by any means whatever, of any industry products at a price or on terms and
conditions more favorable to one purchaser than to another, whether such
purchasers shall be private individuals, corporations, or firms, or Federal,
State, Municipal, or other public bodies; provided that this shall not prevent
price differences necessarily resulting from differences in the model, grade,
quantity, or point of delivery of the products sold.
(b) No member shall make any purchase of or allowance for used industry
products in connection with a sale of new industry products or as an inde-
pendent cash transaction, directly or indirectly, by any means whatever, at a
price or on terms and conditions more favorable to one seller than to another.

ARTICLE VI-PRICE PUBLICATION

(a) Each member shall, within ten days after the effective date of this
code, publish and continue to publish, as changes are made:
1. List prices covering every item of industry products which such member
offers for sale as stock merchandise, of current standard lines, and list prices
and quantities of destandardized or obsolete lines;
2. Discounts and terms allowed, as provided in Schedule A hereto attached
and made a part hereof, to the classes of customers defined therein;
in such manner that interested members of the trade and buying public may at
all times obtain accurate information as to the prices charged by such member
for his industry products. Failure to publish or to continue to publish, as
chances are made, any or all of the aforesaid information, or the publishing
of false or fictitious discounts, prices, or terms for any item of industry
products is an unfair method of competition.
(b) No member of the Industry shall designate any current line as destand-
ardized or obsolete unless in fact such line has been discontinued.
(c) Each member shall immediately publish and continue to publish, as
changes are made, the prices paid or allowances made for used industry prod-
ucts of the various makes and models, in such manner that Interested members
of the trade and buying public may at all times obtain accurate information as
to the real prices charged by such member for its industry products. Failure
to publish, or to continue to publish, as changes are made, any or all of the
aforesaid information, or the publishing of any false or fictitious price or
allowance for any make or model of such used industry products, is an unfair
method of competition.
(d) The discounts, terms, expiration dates, and customers' names of all
buying agreements, oral or written, on any other than a one-order-one-delivery
basis, in force at the effective date of this code, and all such new or renewed
agreements, shall be reported to the Code Committee at the time they become
effective.
The discounts and terms of all such new agreements, and all renewals or
extensions of such existing agreements, shall be as provided in Schedule A.
(e) The above requirements for publication shall not be deemed fulfilled until
ten days after a sufficient number of certified copies of the matter to be pub-
lished shall have been received at the office of the Code Committee, except that
the lists filed within ten days after the effective date of this code shall take
effect on the date of filing thereof.
(f) No member shall sell any industry product contrary to his published
prices, discounts, or terms of sale; and since a substantial majority of the
industry's products are sold direct by the manufacturer to the consumer, and
since the purpose and effect of this Article would be otherwise defeated, it shall
be an unfair method of competition for any member to distribute to the user
Industry products indirectly through an agent, dealer, broker, or otherwise,
contrary to his published prices, discounts, or terms of sale.

ABTICLE VII-SaIN o BELow CosT

(a) The pricing and/or selling of any item of industry products below mem-
ber's cost to the ultimate consumer as determined by the cost-accounting
methods set up by the Code Committee and subject to approval by the Adminis-
trator, In the quantities, under the conditions, and at the points of delivery
involved, is an unfair method of competition.


:** .::







13

(b) The Code Committee shall have power on Its own initiative, or on the
complaint of any member, to cause an investigation of any price, discount, or
terms of sale for any item of industry product shown in any list of industry
products filed with it by any member, and for the purpose of the investigation
-thereof to require such member to furnish such information concerning cost
as. defined in Section (a) of this article as the Committee shall deem necessary
S.." proper for such purpose.
f. after such investigation, said Committee shall determine that such price,
discount, or terms of sale is unfair as being contrary to Section (a) of this
Article, and if such member within ten days after notice to it of such determina-
tion by the Code Committee shall not file a new list showing the price, dis-
count, or terms of sale in accordance with said Section (a) (which shall be-
come effective immediately on the filing of such list), the Code Committee
shall report the results of its investigation to the proper authority or authori-
ties for action.
ARTICLE VMU--E TRA AND DEDUCTIONS

The Code Committee, on the basis of the direct cost thereof (direct cost
as used in this article being defined as the cost of labor, material, selling, and
distribution, plus 10%) may establish the minimum additions to and maximum
deductions from the base prices of the various lines of industry products,
which maximum deductions and minimum additions members shall use in
determining the list prices of variations from the base products.

ARTICLE IX----PEIALS

No item of industry products which is not covered by the published list
prices of the manufacturer thereof shall be sold or offered for sale at net
prices, discounts, or terms more favorable to the purchaser than the most
favorable published discounts, terms, or net prices applying to such item.

ARTICLE X-MODmFICATION OB CANCELLATION OF CODE

This code and all the provisions thereof are expressly made subject to the
right of the President, in accordance with the provisions of subsection (b)
of Section X of the National Industrial Recovery .Act from time to time to
cancel or modify any order, approval, license, rule, or regulation issued under
Title I of said Act; and specifically, but without limitation, to the right of
the President to cancel or modify his approval of this code, or any condition
imposed by him upon his approval thereof.















SCHEDULE A


STEEL OFFICE FURNITURE DIVISION-DIVISIONAL SUPPLEMENTAL CODE

INDUSTRY BASE PRODUCTS

The industry base products are hereby listed, graded, and classified, as
follows:
Four-drawer vertical letter file, olive green, standard grade.
Five-drawer vertical letter file, olive green, standard grade.
Three-drawer vertical letter file, olive green, standard grade.
Four-drawer vertical letter file, olive green, commercial grade.
Four-drawer vertical letter file, olive green, utility grade, suspension.
Four-drawer vertical letter file, olive green, utility grade, nonsuspension.
Two-drawer horizontal sectional full width letter file, standard grade.
One-drawer horizontal sectional half width letter file, standard grade.
One-drawer 3"x5" card cabinet standard grade.
One-drawer 3"x5" card cabinet commercial grade.
60"x34" flat top desk, olive green, standard grade.
60"x34" table, olive green, standard grade.
60"x34" flat-top desk, olive green, junior executive grade.
60"x34" table, olive green, junior executive grade.
72"x36"xl8" storage cabinet, double door, olive green, Grade A.
72"x36"x18" storage cabinet, double door, olive green, Grade B.
One-drawer, sectional letter size transfer case, olive green.
Hi-line section-24-drawer document file, olive green.
Hi-line section-84"x36"x9" six-shelf bookshelf unit without finished ends,
olive green.
Revision of this list may be made from time to time by the Code Committee,
or by the Administrator in his discretion.

DEFINITION OF CUSTOMERS

Exclusive Agents or Dealers.-An Exclusive Agent or Dealer is a retailer
(individual, firm, or corporation) with whom a member of the Industry has
a written agreement giving the agent or dealer sole selling rights of entire
line in defined territory and giving the member of the Industry exclusive
sales representation.
Noneirclusive Agents or Dealers.-A nonexclusive Agent or Dealer is a
retailer (individual, firm, or corporation) who maintains a place of business
and carries stock.
Brokers.-A Broker is a retailer (individual, firm, or corporation) other
than above defined, who purchases industry products for resale.
Retail buyers.-A retail buyer is a purchaser of definite quantities of indus-
try products when purchased in one order for one delivery, or on an oral
or written buying agreement.
Discounts and Terms of Sale.-The discounts as provided in Article VI
allowed to each of the above-defined classes of customers shall be applied to all
list prices published under the provisions of said Article and shall truly repre-
sent variance in cost of distribution to the ultimate consumer as determined by
the code committee in accordance with the provisions of Article VII.
Terms of sale for all industry products shall be as follows:
W'holcsale Sales.-All classes of purchasers-2 percent 10th prox., net 30th
prox.
Retail Salcs.-No discount for early payment.
(14)


















ARTILE.. I--,PURPO

The purpose of this divisional supplemental code is to supplement the basic
qWce of the Business Furniture, Storage Equipment, and Filing Supply Industry,
.: ."1 *







.".. "..' : EX H IBIT C

1..D.vIsIOuAL SUPPLEMENTAL CoDn iro TfE VIsBLE. FILING EQUIPMENT INDUSTRY

ARTICLE I-PURPOSE
The purpose of this divisional supplemental code is to supplement the basic
qadof the Business Furniture, Storage Equipment, and Filing Supply Industry,
to make it specifically applicable to the Visible Filing Equipment Industry, a
division thereof.
ArTIOLM II--IEDUSTEY
This Industry shall be defined as including any one engaged in the manufac.
tare and.sale of any item of visible filing equipment (hereinafter referred to as
Industry products) as defined in Art. II of the basic code under Visible Filing
Equipment Division ", either as a stock item or offered as a substitute for or in
competition with such item.

ARTICLm II--COIE AUTHORITY
(a) A Code Committee consisting of one non-voting representative of the
Administrator if the Administrator so elects, and three members of the Indus-
try shall constitute the code authority of said Industry.
(b) Each member of the Industry shall within thirty days after the effective
date of this code certify to the Secretary of the National Emergency Committee
under oath the total net wholesale value of domestic shipments of all industry
products for each month of the calendar year next preceding the above date,
and for each succeeding calendar month up to the date of such certification,
and shall thereafter certify such values monthly within forty-five days after
expiration of each succeeding calendar month.
(c) In the election of the Code Committee and in all cases where voting
power.Is exercised by the members of the Industry, the members shall be divided
into four classes, based on volume of production as above defined, and such
.votin power shall be determined as follows:
ne-fourth of the highest value of shipments, as defined in par. (b), reported
y any member for the next preceding calendar year shall be the base value.
The number of votes to which each member is entitled shall be the quotient
obtained by using this base value as a divisor and the value of shipments
reported.by said member for the same year as a dividend. For the purpose of
this computation fractions shall be considered as whole numbers.

ARTICLE It-PLANNING APND CLASSIFICATION
In order to effectuate the purpose of Article VIII of the basic code, a list of
all itiens of industry products now being offered as stock items by any member
of the Industry shall be made available, within thirty days after approval of
this code, to the Planning and Classification Board of the Industry for assign-
ment thereof to its proper classification as referred to in Schedule A. No stock
femt not included in the list originally submitted by him shall be sold or offered
for sale by any member until after classification by the Planning and Classifica-
tion Board, as above provided, and approval of said classification by the Code
Committee, nor until after all requirements for publication contained in Article
VI hereof have been completely fulfilled. All action under this section shall be
taken within thirty days after submission by the member.

ARTICLE V-DISCRIMINATION
.- :(a) No member shall make any sale or contract of sale, directly or indirectly,
S1 by any means whatever, of any industry products at a price or on terms and
conditions more favorable to one purchaser than to another, whether such pur-
'. (15)









chasers shall be private Individuals, corporations, or firms, or Federal, State
Municipal, or other public bodies; provided that this shall not prevent price
differences necessarily resulting from differences in the model, grade, quantity,
or point of delivery of the products sold.
(b) No member of the Industry shall make any purchase of or allowance for
used industry products in connection with a sale of new industry products or
as an independent cash transaction, directly or Indirectly, by any means what.
ever, at a price or on terms and conditions more favorable to one seller than to
another.
ARTICLE VI-PRICE PUBLICATION

(a) Each member of the Industry shall, within ten days after the effective
date of this code, publish and continue to publish, as changes are made:
1. List prices covering every item of industry products which such member
offers for sale as stock merchandise, of current standard lines, and list prices
and quantities of rebuilt, destandardized, or obsolete lines;
2. Discounts and terms allowed, as provided in Schedule A hereto attached
and made a part hereof, to the classes of customers defined therein;
in such manner that interested members of the trade and buying public may at
all times obtain accurate information us to the prices charged by such member
of the Industry for its industry products. Failure to publish or to continue to
publish, as changes are made, any or all of the aforesaid information, or the
publish ng of false or fictitious discounts, prices, or terms, for any item of
industry products, is an unfair method of competition.
(b) No member of the Industry shall designate any current line as de-
standardized or obsolete unless in fact such line has been discontinued.
(c) Each member of the Industry shall immediately publish and continue
to publish as changes are made, the maximum prices paid or allowances made
for used industry products of the various makes and models, when such allow-
ances apply against the purchase of new industry products, in such manner
that interested members of the trade and buying public may at all times obtain
accurate information as to the real prices charged by such member of the
Industry for its industry products. Failure to publish, or to continue to pub-
lish, as changes are made, any or all of the aforesaid information, or the
publishing of any false or fictitious price or allowance for any make or model
of such used industry products, is an unfair method of competition.
(d) The discounts, terms, expiration dates and customers' names of all
buying agreements, oral or written, on any other than a one-order-one-delivery
basis, in force at the effective date of this code, and all such new or renewed
agreements, shall be reported to the Code Committee at the time they become
effective.
The discounts and terms of all such new agreements, and all renewals or
extensions of such existing agreements, shall be as provided in Schedule A.
(e) The above requirements for publication shall not be deemed fulfilled
until ten days after a sufficient number of certified copies of the matter to
be published shall have been received at the office of the Code Committee,
except that the lists filed within ten days after the effective date of this code
shall take effect on the date of filing thereof.
(f) No member shall sell any industry product contrary to his published
prices, discounts, or terms of sale; and since a substantial majority of the
industry's products are sold direct by the manufacturer to the consumer, and
since the purpose and effect of this Article would be otherwise defeated, it
shall be an unfair method of competition for any member to distribute to the
user industry products indirectly through an agent, dealer, broker, or otherwise,
contrary to his published prices, discounts, or terms of sale.

SELLING BELOW COST

ARTICLE VII-SELLING BELOW COST

(a) The pricing and/or selling of any item of industry products below
member's cost to the ultimate consumer as determined by the cost accounting
methods set up by the Code Committee and subject to approval by the Admin-
istrator, in the quantities, under the conditions, and at the points of delivery
involved, is an unfair method of competition.



I*







17

(b) The Code Committee shall have power on its own Initiative, or on the
complaint of any member, to cause an investigation of any price, discount, or
terms of sale for any item of industry product shown in any list of industry
products filed with it by any member, and for the purpose of the investigation
thereof to require such member to furnish such information concerning cost
:as defined in Section (a) of this article as the Committee shall deem necessary
': or proper for such purpose.
If after such investigation, said Committee shall determine that such price,
Discount, or terms of sale is unfair as being contrary to Section (a) of this
Article, and if such member within ten days after notice to it of such deter-
mination by the Code Committee shall not file a new list showing the price,
discount, or terms of sale in accordance with said Section (a) (which shall
become effective immediately on the filing of such list), the Code Committee
shall report the results of its investigation to the proper authority or authorities
for action.
ABTICLE Vm--PECYALS

No item of industry products which is not covered by the published list
prices of the manufacturer thereof 'shall be sold or offered for sale at net
prices, discounts, or terms more favorable to the purchaser than the most
favorable published discounts, terms, or net prices applying to such item.

ARTICLE IX-MODIFICATION OR CANCELLATION OF CODE

This code and all the provisions thereof are expressly made subject to the
right of the President, in accordance with the provisions of subsection (b) of
Section X of the National Industrial Recovery Act from time to time to cancel
or modify any order, approval, license, rule, or regulation issued under Title I
of said Act; and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this code, or any condition imposed by
him upon his approval thereof.










SCHEDULE A


VISIBLE FILING EQUIPMENT DIVISION,

DIVISIONAL SUPPLEMENTAL CODE

INDUSTRY PRODUCTS
The industry products are hereby classified as follows:

I. TRANSPARENT TIP POCKET EQUIPMENT
Consisting of Card and Insert Holders having titles visible through trans-
parent tips and housed in drawers in cabinets, in drawers and panels in trays,
in double and single faced, fixed position and swinging frames, and in folding
panels and books, with holding and supporting devices for these housings.

n. VISIBLE CARD EQUIPMENT (NON-TRANSPARENT TIP POCKET TYPE)
Consisting of card hangers and/or supports providing visible index spaces on
inserts and cards affixed to them and housed in drawers in cabinets, in panels
or drawers in trays, in double and single faced, fixed position and swinging
frames, and in folding panels and books, with holding and supporting devices
for these housings.

III. VISIBLE STRIP EQUIPMENT
Consisting of multiple-index strips with or without transparent tubes housed
visibly in drawers in cabinets, in panels or drawers in trays, in double and
single faced, fixed position and swinging frames, and in folding panels and
books with holding and supporting devices for these housings.

IV. SIGNALING DEVICES FOR IN EQUIPMENT AS DESCRIBED IN I, I, III
Revision of this list may be made from time to time by the Code Committee,
or by the Administrator in his discretion.

DEFINITION OF CUSTOMERS
Exclusive Agents or Dealers.-An Exclusive Agent or Dealer is a retailer
(individual, firm, or corporation) with whom a member of the Industry has
a written agreement giving the agent or dealer sole selling rights of entire line
in defined territory and giving the member of the Industry exclusive sales
representation.
Nonexclusive Agents or Dealers.-A nonexclusive agent or dealer is a re-
tailer (individual, firm or corporation) who maintains a place of business and
carries stock.
Brokers.-A broker is a retailer (individual, firm, or corporation) other than
above defined who purchases industry products for resale.
Jobbers.-A jobber is an individual, firm, or corporation who maintains an
adequate wholesale stock of merchandise and who does not sell at retail.
Retail Buycrs.-A retail buyer is a purchaser of definite quantities of indus-
try products when purchased in one order for one delivery or on an oral or
written contract or buying agreement.

DISCOUNTS AND TERM OF SALE
The discounts as provided in Article VI allowed to each of the above-defined
classes of customers shall be applied to all list prices published under the pro-
visions of said Article, and shall truly represent variance in cost of distribu-
tion to the ultimate consumer as determined by the Code Committee in accord-
ance with the provisions of Article VII.
Terms of sale for all industry products shall be as follows:
Wholesale Sales.-All classes of purchasers-2 percent 10th pror, Net 30th
prox.
Retail Sales--No discount for early payment
(18)

















Dzvmsiown. SurrPPLEX rL CODE FOB THE STEEL LooKER INDUSTIT

ARTICI I-PURPOSE

The purpose of this divisional supplemental code is to supplement the basic
code of the Business Furniture, Storage Equipment, and Filing Supply Industry,
to make it specifically applicable to the Steel Locker Industry, a division thereof.

ARTICLE II-INDUSTRY

This Industry shall be defined as including any one engaged in the manu-
facture and sale of any item of steel lockers (hereinafter referred to as industry
products) as defined in Article II of the basic code under Steel Locker Divi-
.son,", either as a standard list item or offered as a substitute for or in
competition with such item.

ARTICLE I-CODE AUTHORITY

(a) A Code Committee, consisting of one nonvoting representative of the
Administrator if the Administrator so elects, and five members of the Industry
shall constitute the code authority of said Industry.
(b) .Each member of the Industry shall within thirty days after the effective
date of this code certify to the Secretary of the National Emergency Committee
under oath the total net value of domestic shipments f.o.b. factory of all industry
products for each month of the calendar year next preceding the above date,
and for each succeeding calendar month up to the date of such certification, and
shall thereafter certify such values monthly within twenty days after expiration
of each succeeding calendar month.
(c) In the election of the Code Committee and in all cases where voting power
is exercised by the members of the Industry, the members shall be divided into
five classes, based on volume of production as above determined, and such voting
power shall be determined as follows:
One fifth of the highest value of shipments, as defined in paragraph (b).
reported by any member for the next preceding calendar year shall be the base
value. The number of votes to which each member is entitled shall be the
quotient obtained by using this base value as a divisor and the value of ship-
ments reported by said member for the same year as a dividend. For the
purpose of this computation fractions shall be considered as whole numbers.

ARTICLE IV-PLANNING AND CLASSIFICATION

(a) In the event that any member of the Industry desires to manufacture
and offer for sale any item not included in the original lists submitted by him
as provided in Article VI, Section c, he shall make available specifications and
samples of such item to the Planning and Classification Board of the Industry
for the proper listing of such item as a standard list item subject to the
approval of the Code Committee. No standard list item not included in the list
.originally submitted by him shall be sold or offered for sale by any member
iantil after classification by the Planning and Classification Board, as above
provided, and approval of said classification by the Code Committee, nor until
,.after all requirements for publication contained in Article VI hereof have been
completely fulfilled. All action under this section shall be taken within 30
days after submission by the member.

ARTICLE V-DISCRfIINATION

.(a) No member shall make any sale or contract of sale, directly or indirectly,
by any means whatever, of any industry products at a price or on terms and
(19)







20

conditions more favorable to one purchaser than to another, whether such pur-
chasers shall be priva e individuals, corporations, or firms, or Federal, State,
Municipal, or other public bodies; provided that this shall not prevent price
differences necessarily resulting from differences in the model, grade, quantity,
or point of delivery of the products sold.
(b) No member of the Industry shall make any purchase of or allowance
for used industry products in connection with a sale of new industry products
or as an independent cash transaction, directly or indirectly, by any means
whatever, at a price or on terms and conditions more favorable to one seller
than to another.
ARTICLE VI-PIICE PUBLICATION

(a) Each member of the Industry shall within ten days after the effective
date of this code, publish and continue to publish, as changes are made:
1. List prices covering every item of industry products which such member
offers for sale as standard list items, and list prices and quantities of destand-
ardized or obsolete items;
2. Deductions or extras as determined in accordance with Article VIII hereof.
3. Quantity discounts from list prices and terms of sale allowed to the
purchaser, as provided in Schedule A hereto attached and made a part hereof;
in such manner that interested members of the trade and the buying public may
at all times obtain accurate information as to the prices charged by such
member of the Industry for its industry products. Failure to publish or to
continue to publish, as changes are made, any or all of the'aforesaid informa-,
tion, or the publishing of false or fictitious prices, discounts, or terms, for any
item of industry products, is an unfair method of competition.
(b) No member of the Industry shall designate any current line as de-
standardized or obsolete unless in fact such line has been discontinued.
(c) The above requirements for publication shall not be deemed fulfilled
until ten days after a sufficient number of certified copies of the matter to be
published shall have been received at the office of the Code Committee, except
that the lists filed within ten days after the effective date of this code shall
take effect on the date of filing thereof.
(d) No member shall sell any industry product contrary to his published
prices, discounts, or terms of sale: and since a substantial majority of the
industry's products are sold direct by the manufacturer to the consumer, and
since the purpose and effect of this Article would be otherwise defeated, It
shall be an unfair method of competition for any member to distribute to the
user industry products indirectly through an agent, dealer, broker, or otherwise,
contrary to his published prices, discounts, or terms of sale.

ARTICLE VII-SELLING BELOW COST

(a) The pricing and/or selling of any item of industry products below mem-
ber's cost to the ultimate consumer as determined by the cost accounting
methods set up by the Code Committee and subject to approval by the Adminis-
trator, in the quantities, under the conditions, and at the points of delivery
involved, is an unfair method of competition.
(b) The Code Committee shall have power on its own initiative, or on
the complaint of any member of the Industry, to cause an investigation of any
price, discount, or terms of sale for any item of industry product shown in any
list of industry products filed with it by any member of the Industry, and for
the purpose of the investigation thereof to require such member to furnish such
information concerning cost as defined in Section (a) of this article as the
Committee shall deem necessary or proper for such purpose.
If after such investigation, said Committee shall determine that such
price, discount, or terms of sale is unfair as being contrary to Section (a)
of this Article, and if such member within ten days after notice to it of such.
determination by the Code Committee shall not file a new list showing the price,
discount, or terms of sale in accordance with said Section (a) (which shall
become effective immediately on the filing of such list), the Code Committee
shall report the results of its investigation to the proper authority or authori-
ties for action.







21-

SARTICLE VIII-EXTRA AND DEDUCTIONS

The Code Committee, on the basis of the direct cost thereof (direct cost
"as used in this article being defined as the cost of labor, material, selling, and
-distribution, plus 10%) may establish the minimum additions to and maximum
.":'deductions from the base prices of the various lines of industry products, which
i maximum deductions and minimum additions members shall use in determining
Sthe list prices of variations from the base products.

ARTICLE IX-SPECLALS

No item of industry products which is not covered by the published list prices
of the manufacturer thereof shall be sold or offered for sale at net prices,
discounts, or terms more favorable to the purchaser than the most favorable
published discounts, terms, or net prices applying to such item.

ARTICLE X-MODIFICATION OB CANCELLATION OF CODE

This code and all the provisions thereof are expressly made subject to the
right of the President, in accordance with the provisions of subsection (b) of
Section X of the National Industrial Recovery Act from time to time to cancel
or modify any order, approval, license, rule, or regulation issued under Title I
of said Act; and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this code, or any condition imposed by him
upon his approval thereof.















SCHEDULE A


STiEL LOCKED DIVISION, DVIsIONAL SUPPLEMENTAL CODE

INDUSTRY PRODUCTS

The products of this Industry shall embrace steel box lockers, single-tier
lockers, double-tier lockers, two-person lockers, compartment lockers, and such
miscellaneous accessories, fittings, and parts used therewith, as primarily de-
signed and sold for use in schools, clubs, gymnasiums, commercial and indus-
trial establishments. Revision of this list may be made from time to time
by the Code Committee or by the Administrator in his discretion. Such gen-
eral specifications as may be required to classify and standardize these prod-
ucts shall be worked out by the Planning and Classification Board, subject to
the approval of the Code Committee.

DISCOUNTS AND TERMS OF SALE

Discounts as provided in Article VI shall be applied to all list prices pub-
lished under the provisions of said Article, and shall truly represent variance
in cost of distribution to the ultimate consumer as determined by the Code
Committee in accordance with the provisions of Article VII.
On all sales to consumer or user, terms shall be 30 days net without discount
for early payment. If job is to be erected, terms are net upon completion of
erection.
(22)
















EXHIBIT C

DIVIIONxAL SUPPLEMENTAL CODE FOB THE STEEL SHELVING INDUSTRY

ARTICLE I-PURPOSE
The purpose of this divisional supplemental code is to supplement the basic
code of the Business Furniture, Storage Equipment and Filing Supply Indus-
try, to make it specifically applicable to the Steel Shelving Industry, a division
Thereof.
ARTICLE I--INDUSTRY
SThis Industry shall be defined as including any one engaged in the manufac-
ture and sale of any item of steel shelving (hereinafter referred to as industry
products) as defined in Art. II of the basic code under "Steel Shelving Divi-
sion ", either as a standard list item, or offered as a substitute or in competition
with such item.
ARTICLE I---CODE AUTHORITY
(a) A Code Committee, consisting of one nonvoting representative of the
Administrator if the Administrator so elects, and five members of the Industry
shall constitute the code authority of said Industry.
(b) Each member of the Industry shall within thirty days after the effective
date of this code certify to the Secretary of the National Emergency Committee
under oath the total net value of domestic shipments of all industry products
for each month of the calendar year next preceding the above date, and for
each succeeding calendar month up to the date of such certification, and shall
:thereafter certify such values monthly within twenty days after expiration of
each succeeding calendar month.
(c) In the election of the Code Committee and in all cases where voting
power is exercised by the members of the Industry, the members shall be
divided into five classes, based on volume of production as above determined,
and such voting power shall be determined as follows:
One fifth of the highest value of shipments, as defined in par. (b), reported
by any member for the next preceding calendar year shall be the base value.
The number of votes to which each member is entitled shall be the quotient
obtained by using this base value as a divisor and the value of shipments
reported by said member for the same year as a dividend. For the purpose of
this computation fractions shall be considered as whole numbers.

ArBTIOL IV-PLANNING AND CLASSIFICATION
(a) In the event that any member of the Industry desires to manufacture
and offer for sale any item not included in the original lists submitted by him
as provided in Article VI, Section (d), he shall make available specifications
and samples of such item to the Planning and Classification Board of the
Industry for the proper listing of such item as a standard list item subject to
the approval of the Code Committee. No standard list item not included in
the list originally submitted by him shall be sold or offered for sale by any
..member until after classification by the Planning and Classification Board, as
above provided, and approval of said classification by the Code Committee,
nor until after all requirements for publication contained in Article VI hereof
have been completely fulfilled. All action under this section shall be taken
within 30 days after submission by the member.

ARTICLE V-DISOBIMINATION
(a) No member shall make any sale or contract of sale, directly or indirectly,
by any means whatever, of any industry products at a price or on terms and
(23)









conditions more favorable to one purchaser than to another, whether such
purchasers shall be private individuals, corporations, or firms, or Federal, State,
Municipal or other public bodies: provided that this shall not prevent price
differences necessarily resulting from differences in the model, grade, quantity,
or point of delivery of the products sold.
(b) No member of the Industry shall make any purchase of or allowance
for used industry products in connection with a sale of new industry products
or as an independent cash transaction, directly or indirectly, by any means
whatever, at a price or ou terms and conditions more favorable to one seller
than to another.
ARTICLE VI-PRICE PUBLICATION

(a) Each member of the Industry shall, within ten days after the effective
date of this code, publish and continue to publish, as changes are made--
1. List prices covering every item of industry products, which such member
offers for sale as standard list items, and list prices and quantities of de-
standardized or obsolete items;
2. Deduction or extras as determined in accordance with Article VIII hereof;
3. Quantity discounts from list prices and terms-of sale allowed to the pur-
chaser, as provided in Schedule A hereto attached and made a part hereof;
in such manner that interested members of the trade and the buying public may
at all times obtain accurate information as to the prices charged by such
member of the Industry for its industry products. Failure to publish or to
continue to publish, as changes are made, any or all of the aforesaid informa-
tion, or the publishing of false or fictitious prices, discounts or terms, for any
item of industry products, is an unfair method of competition.
(b) No member of the Industry shall designate any current line as destand-
ardized or obsolete unless in fact such line has been discontinued.
(c) Each member of the Industry shall immediately publish and continue to
publish as changes are made the prices paid or allowances made for used indus-
try products of the various makes and models, in such manner that interested
members of the trade and buying public may at all times obtain accurate infor-
mation as to the real prices charged by such member of the Industry for its
industry products. Failure to publish, or to continue to publish, as changes
are made, any or all of the aforesaid information, or the publishing of any false
or fictitious price or allowance for any make or model of such used industry
products, is an unfair method of competition.
(d) The above requirements for publication shall not be deemed fulfilled
until ten days after a sufficient number of certified copies of the matter to be
published shall have been received at the office of the Code Committee, except
that the lists filed within ten days after the effective date of this code shall
take effect on the date of filing thereof.
(e) No member shall sell any industry product contrary to his published
prices, discounts, or terms of sale; and since a substantial majority of the indus-
try's products are sold direct by the manufacturer to the consumer, and since
the purpose and effect of this Article would be otherwise defeated, it shall be
an unfair method of competition for any member to distribute to the user in-
dustry products indirectly through an agent, dealer, broker, or otherwise, con-
trary to his published prices, discounts, or terms of sale.

ARTICLE VII-SELLING BELOW COST

(a) The pricing and/or selling of any item of industry products below mem-
ber's cost to the ultimate consumer as determined by the cost accounting methods
set up by the Code Committee, and subject to approval by the Administrator, in
the quantities. under the conditions, and at the points of delivery involved, is
an unfair method of competition.
(b) The Code Committee shall have power on its own initiative, or on the
complaint of any member of the Industry, to cause an investigation of any price,
discount, or terms of sale for any item of industry product shown in any list
of industry products filed with It by any member of the Industry, and for the
purpose of the investigation thereof to require such member to furnish such
information concerning cost as defined in Section (a) of this article as the
Committee shall deem necessary or proper for such purpose.
If after such investigation said Committee shall determine that such price,
discount, or terms of sale is unfair as being contrary to Section (a) of this


xf1:







25

: Article, and if such member within ten days after notice to it of such determina-
tion by the Code Committee shall not file a new list showing the price, dis-
Scount, or terms of sale in accordance with said Section (a) (which shall become
: effective immediately on the filing of such list), the Code Committee shall report
:the results of its investigation to the proper authority or authorities for action.

ARTIOCL VIII-EXTRAS AND DEDUCTIONS

SThe Code Committee, on the basis of the direct cost thereof (direct cost
asi sed in this article being defined as the cost of labor, material, selling, and
diStribution, plus 10%) may establish the minimum additions to and maximum
.. deductions from the base prices of the various lines of industry products,
which maximum deductions and minimum additions members shall use in
determining the list prices of variations from the base products.

ARTICLE IX---8PIALB

No item of industry products which Is not covered by the published list prices
of the manufacturer thereof shall be sold or offered for sale at net prices, dis-
counts, or terms more favorable to the purchaser than the most favorable
.published discounts, terms, or net prices applying to such item.

ARBTCLE x-MODmlOATION OR CANOELLATION O r cOD

This code and all the provisions thereof are expressly made subject to the
right of the President, in accordance with the provisions of subsection (b) of
Section X of the National Industrial Recovery Act from time to time to cancel
or modify any order, approval, license, rule, or regulation issued under Title
I of said Act; and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code, or any condition imposed
by him upon his approval thereof




























'I"
.': .*'*







E" ..]i:.: ... "





UNIVERSITY OF FLORIDA


3 1262 08583 0551







SCHEDULE A
STEEL SHELVING DivI.SON, DirsIONAL SUPPLEMENTAL COD

INDUSTRY PRODUCTS

There shall be adopted three classifications governing Industrial and Geseral
Purpose Shelving and Accessories, one for medium loads, one for meiawr-heawy
loads, and the third for extra-heavy loads, to be governed by specification to
be formulated by the Planning and Classification Board and approved by the
Code Committee. Revisions may be made from time to time by the Code
Committee or by the Administrator at his discretion.

DEFINITION OF CUSTOMERS
Preferred Agent.-A preferred agent is a retailer (individual, rim, or cor-
poration) who buys for resale and invoices direct to the consumer, thus assum-
ing the responsibility for credit and carrying the account. A preferred agent
may or may not have an exclusive contract and may or may not carry a stock.
Commission Agent.-A commission agent is a retailer (individual, firm, or
corporation) who sells to the consumer on a commission basis,-the manufac-
turer to invoice the consumer.
Consumer.-A consumer is any individual, firm, or corporation who buys for
his own use. The discount to which the consumer is entitled shall be deter-
mined by the list-price value of merchandise ordered at one time for, one
delivery.
DISCOUNTS AND TEBhB Or GALE G-"-
Discounts as provided in Article VI, allowed to each of the above-defined
classes of customers, shall be applied to all list prices published under, the
provisions of said Article, and shall truly represent variance in wot of Stri-
bution to the ultimate consumer as determined by the Code-Ooammittee in
accordance with the provisions of Article VIL
On all sales to consumer the terms shall be 30 days net from date of in-
voice with no discount for early payment, or, if the equipment is to be erected,
the terms are net upon completion of erection.
(26)