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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
(A Division of the Machinery and Allied Products Industry)
AS APPROVED ON JUNE 4, 1934
UNIV. F- FL LI.
u.A. DEPoterrow '
DO OUR PART
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 347-Supplement No. 10
Registry No. 1318-04
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.
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Approved Code No. 347-Supplement No. 10
SUPPLEMENTARY CODE OF FAIR COMPETITION
MECHANICAL LUBRICATOR INDUSTRY
As Approved on June 4, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MECHANICAL
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Mechanical Lubricator
Subdivision of Machinery and Allied Products Industry, and hear-
ings having been duly held thereon and the annexed report on said
Supplemental Code containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplemental Code complies
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act; and do hereby order
that said Supplemental Code of Fair Competition be and it is hereby,
approved subject to the condition that the provisions of Article VIII,
Section (a), insofar as they prescribe a waiting period between the
filing with the Code Authority (or such agency as may be designated
in the Supplemental Code) and the effective date of price lists, as
originally filed and/or revised price lists or revised terms and con-
ditions of sale, be and they hereby are stayed pending my further
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
A. R. GLANCY,
Jdne 4, 1934.
65035"--657-22--34 ( 1
REPORT TO THE PRESIDENT
The 'T/h ite House.
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the Mechanical Lubricator Subdivision of the Machinery
and Allied Products Industry, public hearing having been conducted
thereon in Washington, D.C., December 21, 1933, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
Every person who filed a request for an appearance was freely heard
in public and all statutory and regulatory requirements were com-
The Mechanical Lubricator Association being truly representative
of this Subdivision of the Machinery and Allied Products Industry,
has elected to avail itself of the option of submitting a Supplemental
Code of Fair Competition, as provided in paragraph (2), Article I
of the Basic Code for the Machinery and Allied Products Industry
approved by you on the seventeenth day of March, 1934.
This Subdivision represents a part. of the capital goods industry,
manufacturing and selling power-driven force-feed lubricators for
cylinders and bearings of Diesel engines and other internal combus-
tion engines; for cylinders and bearings of steam engines; for cylin-
ders and bearings of all types of compressors; for automatic lubri-
cation of all types of machinery requiring lubricants to be fed to
moving parts; and parts thereof.
In 1929 this Subdivision of the Industry employed approximately
268 persons, including office employees. Approximately 214 of the
total persons employed, or 80 percent, were estimated to have been
factory wage earners.
Since 1929 total factory employment declined from 214 workers
to 79 in 1932 or 63 percent, and increased in 1933 to 96 or 22 percent
as compared with the previous year.
Estimated annual sales in 1929 amounted to $1,408,000 and declined
to $116,000 in 1933, or 92 percent.
Based on summarized National Recovery Administration ques-
tionnaire returns as of June 15, 1933, it is estimated that. approxi-
mately 35 percent of all factory workers worked more than 40 hours
per week and that 12.8 percent received less than 40 cents per hour,
10.5 percent received less than 38 cents per hour and that 8.0 and
3.5 percent received less than 36 cents and 32 cents per hour respec-
tively. Based on the percentage distribution of June 15, 1933, the
adoption of the minimum wage rates provided in the Supplemental
Code will probably cause a small increase in the weekly payrolls,
assuming only increases in the brackets below the 40 cents minimum
and no change in man-hours.
Average hours worked declined from 46.7 in June, 1929 to 34.9
hours in June, 1933, and increased thereafter to 37.5 hours in No-
Estimated average man-hours per week declined from 9,994 in
June 1929 to 3,600 in November, 1933, or 64 percent. Until there
is a further increase in man-hour requirements, the adoption of the
40-hour week will not cause an increase in employment in this
Subdivision of the Industry.
RESUME OF THE SUPPLEMENTAL CODE
Article I states the purpose of the Supplemental Code.
Article II accurately defines specific terms employed in this Sup-
Article III: The labor provisions of the Basic Code for the Ma-
chinery and Allied Products Industry as approved March 17, 1934,
are incorporated by reference as the labor provisions of this Sup-
Article IV adopts the relevant portions of Article II Definitions "
and Article VI, "'Adminstration "; and Articles VIII, Modifica-
tions and Termination ", and IX, Withdrawal of the Basic Code
for the Machinery and Allied Products Industry, as approved March
Article V establishes a Code Authority consisting of three mem-
bers. The Administrator in his discretion may appoint one addi-
tional member (without vote and without expense to the Subdivi-
sion). Together with the applicable provisions of the Basic Code
mechanism is provided for the administration of this Supplemental
Article VI provides for an accounting system and methods of cost
finding and/or estimating.
Article VII provides for the determination of a lowest reasonable
cost during an emergency caused by destructive price-cutting. The
Administrator may approve, disapprove or modify the determina-
Article VIII provides for methods of setting up, revising and
filing price lists and discount sheets and terms of sale and payment.
Article IX sets forth the fair trade practices which have been
especially designed to effect fair competition in this Subdivision.
Article X defines export territory and provides that filed price
lists are not applicable to export shipments.
Article XI contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act, and also provides for the submission of pro-
posed amendments to the Supplemental Code.
Article XII provides for the withdrawal of this Subdivision from
jurisdiction of the Basic Code Authority and for the continued
functioning of this Subdivision as an individual industry under its
Article XIII stipulates that there shall be no inequitable restric-
tions and provides against monopolies.
Article XIV gives the effective date of this Supplemental Code.
FI N DINGS
The Deputy Administrator in his final report to me on said Sup-
plemental Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that:
(a) Said Supplemental Code is well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organi-
zation of industry for the purpose of cooperative action among the
trade groups by inducing and maintaining the united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of in-
dustrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment., by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees, and is not classified by me as a major industry.
S(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid subdivision of the industry; and that said associa-
tion imposes no inequitable restrictions on admission to membership
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrimi-
nate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this Supplemental
Code, provided that certain provisions relating to price publication
are stayed as stated in the Order.
HUGH S. JOHNSON,
JUNE 4, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE MECHANICAL LUBRICATOR INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
To effectuate the policy of Title I of the National Industrial Recov-
ery Act, the following provisions are established as a Supplemental
Code for the Mechanical Lubricator Subdivision of the Machinery
and Allied Products Industry, and together with the Code of Fair
Competition of Machinery and Allied Products Industry, shall be
the standard of fair competition for this Subdivision, and shall
be binding on every employer therein.
"Applicant" means the Mechanical Lubricator Association, a
trade organization, which organization is truly representative of
this Subdivision, all members of which are engaged in the manufac-
ture for sale of the products of the Mechanical Lubricator Subdi-
vision of the Machinery and Allied Products Industry.
"Industry means the Machinery and Allied Products Industry,
as defined in its Code of Fair Competition as approved by the Presi-
dent, and as such definition may from time to time be amended.
Subdivision means the Mechanical Lubricator Subdivision of
the Machinery and Allied Products Industry as defined and set forth
in paragraph 19 Article II of the Code of Fair Competition of the
Machinery and Allied Products Industry as follows:
Mechanical Lubricator Subdivision means the manufacture or
assembly for sale of power-driven force-feed lubricators for cylinders
and bearings of Diesel engines and other internal combustion en-
gines; for cylinders and bearings of steam engines; for cylinders
and bearings of all types of compressors; for automatic lubrication
of all types of machinery requiring lubricants to be fed to moving
parts; and parts thereof, and includes all those engaged in such
manufacture or assembly for sale. It does not include force-feed
lubricators for steam railway locomotives or pressure oiling systems
for automotive vehicles or force-feed lubricators when manufactured
as part of another product by the manufacturers of such other prod-
uct. Employers otherwise engaged in the Farm Equipment Indus-
try may manufacture for sale and sell mechanical lubricators as
used or sold in connection with trucks and tractors, under the pro-
visions of the Code of the Farm Equipment Industry and not under
the provisions of this Code."
"Code means the Code of Fair Competition of the Machinery
and Allied Products Industry as approved by the President, March
17, 1934, and as from time to time amended.
"Person" means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver
or other entity.
"Employer means any person engaged in this Subdivision either
on his own behalf or as an employer of labor.
"Employee means any one who is employed in the Subdivision
by any such Employer.
"The Act" means Title I of the National Industrial Recovery
The President means the President of the United States.
"The Administrator" means the Administrator for Industrial
Basic Code Authority means the Code Authority for the Ma-
chinery and Allied Products Industry as constituted by the Code.
Code Authority means the Code Authority constituted for this
Subdivision as provided by the Code and by this Supplemental
"Group Code Authority" means the Code Authority for any
group or product classification within this Subdivision.
"Publish means to make available to the public.
ARTICLE III-EMPLOYMENT PROVISIONS
The following Articles of the Code, viz: Article III, "Working
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-ADO'IOO N OF OTHER PROVISIONS OF CODE
The following Articles of the Code, viz: Article II Definitions "
Article VI, "Administration ", to the extent that they shall be ap-
plicable 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
adopted and made a part of this Supplemental Code, with the same
effect as if they were written into this Supplemental Code.
(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent
provided in the Code and in this Supplemental Code.
(b) During a period not to exceed sixty (60) days following the
effective date and pending the election of the permanent Code
Authority, the executive committee of the Applicant shall constitute
a temporary Code Authority. The Administrator in his discretion
may appoint one additional member (without vote and without
expense to the Subdivision).
(c) The Applicant shall, by written notice sent by registered mail
to all employers known to the Applicant, call a. meeting of employers
to be held within sixty (60) days after the effective date of this
Supplemental Code for the purpose of adopting procedural rules
and regulations for the election, organization and operation of the
permanent Code Authority and electing a permanent Code Authority
which shall consist of three members. The Administrator in his
discretion, may appoint one additional member (without vote and
without expense to the Subdivision). The permanent Code Author-
ity so elected and appointed shall succeed the temporary Code
Any vacancy on the Code Authority due to death, resignation,
or because a member thereof has ceased to be connected with the.
Subdivision, shall be filled at a meeting of employers called by the
Code Authority on at least ten days' notice by registered mail sent
to all employers in this Subdivision, and by a vote similar to the
vote by which the retired member was originally selected.
(d) Any employer shall be entitled to vote at the election of
the permanent Code Authority and at other meetings of employers
and share in the benefits of the activities of Code Authority and
may participate in any endeavors of Code Authority in the prepara-
tion of any amendments or revisions of, or additions or supplements
to this Supplemental Code by paying or agreeing to pay, as and
when assessed, his proper pro rata share of the reasonable cost of
administering this Supplemental Code as determined by Code Au-
thority. Such assessments shall be pro rated on a basis of the amount
of sales of the products of the Subdivision during the preceding
calendar year, or other equitable basis.
(e) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority shall be by vote of the employers entitled
to vote as provided in Section (d) of this Article V, each such
employer to have one vote only. Action by employers in any Sub-
division meeting for the adoption of procedural rules, revisions or
additions to the Supplemental Code, or the transaction of other
business of the Subdivision under .this Supplemental Code, shall
be by vote of the employers in the Subdivision who are entitled to
vote threat as provided in Section (d), Article V of this Supple-
mental 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 number of votes which each employer shall be entitled to
cast at any meeting of employers, other than the meeting held to
vote for the election of the permanent Code Authority, shall be
determined by Code Authority, in accordance with Section (d)
Article VI of the Code.
(f) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for admin-
istrative purposes. There shall be a Group Code Authority ap-
proved or appointed by Code Authority for each such group.
(g) If formal complaint is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any employer,
Code Authority or the proper Group Code Authority may to the
extent permitted by the Act, cause such investigation or audit to be
made, as may be deemed necessary. If such investigation is made
by Group Code Authority it shall report the result of such investi-
gation or audit to Code Authority for action.
(h) The Code Authority may appoint a Trade Practice Com-
mittee which shall meet with the Trade Practice Committees
appointed under such other Codes as may be related to the Subdi-
vision for the purpose of formulating fair trade practices to gov-
ern the relationships between production and distribution employers
under this Supplemental Code and under such others to the extent
that such fair trade practices may be proposed to the Administrator
as amendments to this Supplemental Code and such other codes.
ARTICLE VI-ACCOUNTING AND COSTING
The Code Authority shall cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of
use by all employers of the Subdivision. After such system and
methods have been formulated, full details concerning them shall
be made available to all employers. Thereafter all employers shall
determine and/or estimate costs in accordance with the principles
of such methods.
ARTICLE VII-SELLING BELOW REASONABLE COST
When the Code Authority determines that an emergency exists in
this Subdivision and that the cause thereof is destructive price-cut-
ting such as to render ineffective or seriously endanger the mainte-
nance of the provisions of this Supplemental Code, the Code Author-
ity may cause to be determined the lowest reasonable cost of the
products of this Subdivision, such determination to be subject to such
notice and hearing as the Administrator may require. The Ad-
ministrator may approve, disapprove, or modify the determination.
Thereafter, during the period of the emergency, it shall be an un-
fair trade practice for any employer of the Subdivision to sell or
offer to sell any products of the Subdivision for which the lowest
reasonable cost has been determined, at such prices or upon such
terms or conditions of sale that the buyer will pay less therefore than
the lowest reasonable cost of such products.
When it appears that conditions have changed, the Code 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 en-
gaged 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 discount sheet, as the case may be,
individually prepared by him, showing his current prices, or prices
and discounts, and terms of sale and payment for such specified prod-
uct, and Code Authority shall immediately publish and send copies
thereof to all known employers who are cooperating under this Sup-
plemental Code as described in Article V (d) and engaged in the
manufacture of such specified products.
Revised price lists and/or discount sheets and/or terms of sale and
payment may be filed from time to time thereafter with the Code
Authority by any such employer, to become operative upon the date
specified therein, but such revised price lists and/or discount sheets
and/or terms of sale and payment shall be filed with the Code Author-
ity ten (10) days in advance of the operative date. Copies thereof,
with notice of the operative date specified, shall be immediately pub-
lished and sent to all employers cooperating under this Supplemental
Code as described in Article V (d), any of whom may file, if he so
desires, revisions of his price lists and/or discount sheets and/or
terms of sale and payment, which shall become effective upon the
date when the revised price list and/or discount sheets and/or terms
of sale and payment first filed shall go into effect.1
(b) If and when Code Authority shall determine that in any
group of the Subdivision not now selling its product on the basis
of price lists, with or without discount sheets, with terms of sale
and payment, the distribution or marketing conditions in the group
are the same as, or similar to, the distribution or marketing condi-
tions in the group where the use of price lists, with or without dis-
count sheets and terms of sale and payment is well recognized, and
that a system of selling on net price lists or price lists and discount
sheets with terms of sale and payment for such specified product
should be put into effect in such group, then each employer in such
group shall within twenty (20) days after notice of such determina-
tion, file with Code Authority net price lists or price lists and dis-
count sheets, with terms of sale and payment, showing his prices and
discounts and terms of sale and payment, and such price lists and 'or
discount sheets and/or terms of sale and payment may be thereafter
revised in the manner hereinabove provided. 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 determi-
nation is given by a 66%% vote of employers who are at that time co-
operating under this Supplemental Code as described in Article V
(d), and are engaged in manufacturing such product. The eligi-
bility requirements, method, and effect of such voting shall be the
same as is provided by Article V.
(c) Code Authority for the purpose of determining the lowest
reasonable cost shall to the extent permitted by the Act, have power,
on its own initiative, or on the complaint of any employer, to inves-
tigate any price or the terms of sale and payment for any product of
any employer; and, for the purpose of the investigation thereof, to
require such 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, and as the Act may
No employer shall sell directly or indirectly by any means what-
soever, any product of the Subdivision covered by provisions of this
Article VIII at a price or at discounts or on terms of sale and pay-
ment, different from those provided in his own current net price lists,
or price lists and discount sheets, and terms of sale and payment.
S'ee paragraph 2 of order approving this Code.
ARTICLE IX-TRADE PRACTICES
1. No employer shall secretly offer or make any payment or allow-
ance of a rebate, refund, commission, credit, unearned discount, or
excess allowance, whether in the form of money or otherwise, nor
shall a member of the industry secretly offer or extend to any cus-
tomer any special service or privilege not extended to all customers
of the same class, for the purpose of influencing a sale.
2. No employer shall publish advertising (whether printed, radio,
display, or of any other nature) which is misleading or inaccurate
in any material particular, nor shall any member in any way mis-
represent any goods (including but without limitation its use, trade-
mark, grade, quality, quantity, origin, size, substance, character,
nature, finish, material, content, or preparation) or credit terms,
values, policies, services, or the nature or form of the business con-
3. No employer shall publish or circulate unjustified or unwar-
ranted threats of legal proceedings which tend to or have the effect
of harassing competitors or intimidating their customers.
4. No employer shall engage in destructive price cutting.
ARTICLE X-SALES FOR EXPORT
The provisions of this Supplemental 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 shipments 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 territory or possession of
the United States shall be considered an export when any employer
is engaged in the Subdivision in such territory or possession.
(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amendments, additions, revisions, or supplements of this
Supplemental Code, proposed by Code Authority, and authorized
by the affirmative vote of 662/3% of the employers shall be in full
force and effect upon approval by the President. The eligibility
requirements, method and effect of such voting shall be the same as
provided by Article V hereof.
Upon thirty days' notice to the Basic Code Authority and to the
Administrator, this Subdivision may, upon the concurring affirma-
tive vote of employers within the said Subdivision entitled to cast
two-thirds or more of all the votes that might be cast by all em-
ployers within the Subdivision entitled to vote thereon, withdraw
from the jurisdiction of the Basic Code Authority. The eligibility
of voters and the method and effect of such voting shall be in
accordance with the provisions of Article V hereof. After and in
the event such withdrawal is accomplished this Supplemental Code,
together with the provisions of the Code shall become and be the
sole code governing this Subdivision, and the Code Authority shall
for this Subdivision become and be the sole Code Authority and
shall perform all the functions with respect thereto.
AR TICLE XIII-MONOPOLIES
Applicant imposes and shall impose no inequitable restrictions
on membership therein. The Supplemental Code presented by it
is not designed to promote monopoly, and shall not be so construed
or applied as to oppress or eliminate small enterprises or discriminate
against them, and is designed to effectuate the policy of the Act.
ARTICLE XIV-EFFECTIVE DATE
This Supplemental Code shall become effective and binding on all
persons engaged in the Subdivision on the eleventh day after its
approval by the President.
Approved Code No. 347-Supplement No. 10.
Registry No. 1318-04.
UNIVERSITY OF FLORIDA
II II I 6lI llll III I1 I III IIII
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