Citation
Supplementary code of fair competition for the electric industrial truck manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on January 31, 1934

Material Information

Title:
Supplementary code of fair competition for the electric industrial truck manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on January 31, 1934
Portion of title:
Electric industrial truck manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
12 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Industrial electric trucks -- Law and legislation -- 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. 1421-01."
General Note:
"Approved Code No. 84. Supplement No. 4."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004938183 ( ALEPH )
649509291 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY
CODE OF FAIR COMPETITION
FOR THE

ELECTRIC INDUSTRIAL TRUCK

MANUFACTURING INDUSTRY
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON JANUARY 31, 1934


WE DO OUR PART


UNIV. OF FL LIB.




U.S. DE P MI'TO RY
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


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


Approved Code No. 84. Supplement No. 4


Registry No. 1421--01























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

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 84-Supplement No. 4


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

ELECTRIC INDUSTRIAL TRUCK MANUFACTURING
INDUSTRY

As Approved on January 31, 1934





ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

ELECTRIC INDUSTRIAL TRUCK MANUFACTURING
INDUSTRY
A Division of the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating 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, and in accordance with
the provisions of Section I of Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Metnl Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Electrio
Industrial Truck Manufacturing Industry; and hearing having been
duly held thereon; and the annexed report on said Supplementary
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 Supplementary Code complies
in all respects with the pertinent provisions and will promote the
37108 --313-164----34 (1)








policy and purposes of said Title of said Act; and do hereby order
that said Supplementary Code of Fair Competition be and it is
hereby approved; provided, however, that the provisions of Article
V, Section 2, insofar as they prescribe a waiting period between
the filing with the Code Authority (i.e. actual receipt by the Code
Authority) and the effective date of revised price lists or revised
terms and conditions of sale be and they are hereby stayed for a
period of sixty days or pending the completion of a study now being
conducted by the National Recovery Administration, and at the end
of such period said provisions shall become effective unless I, by my
further Order, otherwise determine.
HUGH S. JOHNSON,
Adm inistrator for Industrial Recovery.
Approval recommended:
W. A. HARRIMAN,
Division Administrator.
WASHINGTON, D.C.,
January 31, 1934.













The PRESIDENT,
The White Hozue.
Sm: This is a report on the Supplementary Code of Fair Compe-
tition for the Electric Industrial Truck Manufacturing Industry, a
division of the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, and on the hearing conducted
thereon in Washington, D.C., December 18, 1933, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT

The Electric Industrial Truck Manufacturing Industry, being
truly representative of this division of the Fabricated Metal Prod-
ucts Manufacturing and Metal Finishing and Metal Coating Indus-
try, has elected to avail itself of the option of submitting a Sup-
plementary Code of Fair Practice, as provided for in Section 1 of
Article VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
approved by you on the second day of November 1933.
RESUME OF THE CODE

Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Sup-
plementary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
Code.
Article IV establishes a Supplementary Code Authority consisting
of the five (5) members of the Board of Trustees of the Electric
Industrial Truck Institute, Inc., or its successor, and one member
chosen from the Industry by the vote of the members thereof, and
gives the Administrator the authority to appoint one additional
member without vote and provides machinery for obtaining statistics
and the administration of this Supplementary Code.
Article V sets forth the fair trade practices of this Supplementary
Code which has been especially designed to effect fair "competition
in this division of the Industry.
Article VI 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 Supplementary Code.
Article VII provides against monopolies and monopolistic prac-
tices, and recognizes that price increases be limited to actual addi-
tional increases in the seller's costs.
Article VIII states the effective date of this Supplementary Code.
(3)








FINDINGS

The Assistant Deputy Administrator in his final report to me on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter;
I find that-
(a) Said Supplementary Code is well designed to promote the
policies 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 organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except
as may be temporarily required), by increasing the consumption
of industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Supplementary 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 Industry; and that said association imposes no
inequitable restrictions on admis-ion to membership therein.
(d) The Supplementary Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to
discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Supplementary Code.
For these reasons, therefore, I have approved this Supplementary
Code.
Respectfully,
HUGH S. Jon NsoN,
Ad ministrator.
JANUARY 31, 1934.













SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

ELECTRIC INDUSTRIAL TRUCK MANUFACTURING
INDUSTRY
A Division of the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry


ARTICLE I-PURPOSES
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Supple-
mentary Code of Fair Competition for the Electric Industrial Truck
Manufacturing Industry, pursuant to Article VI of the Basic Code
of Fair Competition for the Fabricated Metal Products Manufac-
turing and Metal Finishing and Metal Coating Industry, approved
by the President of the United States on the second day of November
1933, and upon approval by the President of the United States the
provisions of this Supplementary Code shall be the Standard of
Fair Competition for and shall be binding upon every member
thereof.
ARTICLE II-DEFINITIONS
The term "The Electric Industrial Truck Manufacturing Indus-
try ", hereafter referred to as the Industry, means and includes the
manufacture or purchase of component parts for assembly and for
sale of all types of electric industrial trucks, electric industrial
tractors, electric industrial cranes, which use low-voltage electric
motors for motive power, and accessories.
The term Member of the Industry includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the Industry, either as an employer
or on his or its own behalf.
The terms President ", "Act ", and "Administrator" as used
herein shall mean, respectively, the President of the United States
the National Industrial Recovery Act, and the Administrator, of
Title I of said Act.
The term "Basic Code" as used herein is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry, as
approved by the President of the United States on the second day of
November 1933.
The term Supplementary Code Authority as used herein means
the agency which shall supervise the administration of this Supple-
mentary Code.








The term "Institute" as used herein is defined to mean The
Electric Industrial Truck Institute, Inc., or its successor.
The term "Federation as use herein is defined to mean The
Fabricated Metal Products Federation, or its successor.
ARTICLE III-EMPLOYMENT PROVISIONS

This Industry is a division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
and the labor provisions of its Basic Code as approved by the Presi-
dent of the United States are the labor provisions of this Supple-
mentary Code.
ARTICLE IV--ORGANIZATION AND ADMINISTRATION

SECTION 1. The Supplementary Code Authority is hereby consti-
tuted the agency to administer the provisions of this Supplementa ry
* Code, and shall consist of the five (5) members of the Board of
Trustees of the Institute and one member chosen from the Industry
by the vote of the members thereof. The Administrator may ap-
point one representative to serve without vote and without expense
to the Industry unless the Supplementary Code Authority shall
agree to pay such expenses as a member of the Supplementary Code
Authority. The president of the Institute is hereby constituted the
agent to collect and distribute all statistical reports of the Industry
as required by the Supplementary Code Authority. With a view
to keeping the President of the United States informed as to the
observance or nonobservance of this Supplementary Code, said agent
shall collect such statistics as called for by the President, and/or
the Administrator and send them in such form as the President
and/or the Admini-strator may require to the Federation, as the
agency administering said Basic Code.
SEC. 2. The President. of the Institute as such agent, shall also,
from time to time, furnish to the Basic Code Authority, designated
in said Basic Code, such information as may be required to be fur-
nished under the terms of said Basic Code.
SEC. 3. All data filed in accordance with the provisions of this
Supplementary Code shall be confidential and shall not be revealed,
except in composite form, to anyone other tllan an authorized govern-
mental agency.
SEC. 4. Any or all information furnished to the President of the
Institute by any member of the Industry shall be subject to checking
for the purpose of verifying by an examination of the pertinent books
and accounts and record-s of such member by any disinterested person
or persons, mutually agreed upon by the Supplemetary Code Author-
ity and the member of the Industry whose books and accounts and
records are to be examined, or by a person or persons nominated by
the Supplementary Code Authority and approved by the Adminis-
trator. The cost of such examiination shall be treated as an expense
of administering the Code; provided, however, that if upon such ex-
amination any such information shall be shown to have been incorrect
in any material respect, such costs shall be paid by the member of
the Industry which furnished suchl information.








SEc. 5. To further effectuate the policies of the Act and for the
administration of this Supplementary Code, the constituted authori-
ties and methods of government of the Indiiu-try shall be as follows:
(a) The Supplementary Code Authority shall have general power
and supervision over the enforcement of the provi.-ions of this Sup-
plementary Code and it is hereby designated as the agency for admin-
istering, supervising, and promoting the observance of the provisions
of this Supplementary Code, and shall have power to obtain from all
members of the Industry such reasonable and pertinent data as may
be necessary for the administration of the provisions of this Supple-
mentary Code. The request for reports from members of the Indus-
try shall not be made in any manner which will impose unequal obli-
gations upon members of the Industry.
(b) The Supplementary Code Authority shall have power to in-
vestigate on its own initiative or on complaint, the operation of the
Supplementary Code and any alleged violation of the Supplementary
Code by any member of the Industry; to make findings of fact and to
state its conclusions as to whether or not there has been any violation
of any provision of the Supplementary Code, and except as herein-
after provided, to take such steps as it may deem necessary or advis-
able, within the provisions of the Supplementary Code, subject to
rules and regulations by the Administrator.
(c) No member of the Supplementary Code Authority shall par-
ticipate, as a member of such Supplementary Code Authority, in
any proceedings in which he is interested as the complainant or
respondent, or in which he is in any other manner directly interested,
and in the event of any such disqualification, the remaining members
of such Supplementary Code Authority shall certify such disqualifi-
cation, together with the reasons therefore and shall promptly desig-
nate a person to sit as a special member of such Supplementary Code
Authority for the purpose of such proceedings.
(d) The Supplementary Code Authority may delegate any of its
duties to such person of persons, committee or committees, as it may
select; provided, that it shall not delegate any of its duties to any
person who is subject to disqualification, as in paragraph (c) above
provided; and provided further, that such delegation shall not relieve
the Supplementary Code Authority from any of its responsibilities
under this Supplementary Code.
(e) The Supplementary Code Authority may, subject to the ap-
proval of the Administrator, upon finding, by a three fifths vote,
that the respondent assenting member of the Industry has violated
this Supplementary Code, assess all costs in connection with such
investigation and disposition of such complaint against said respond-
ent assenting member of the Industry. If any assenting member of
the Industry makes a formal complaint to the Supplementary Code
Authority which proves, after investigation by the Supplementary
Code Authority and approval by the Administrator, to be without
foundation in fact, then the Supplementary Code Authority may
assess against the assenting member of the Industry bringing such
formal complaint, all costs in connection with the investigation and
disposition of such complaint. All assessments to be paid into the
treasury of the Institute as the Agency of the Supplementary Code
Authority.








(f) Each member of the Industry subject to the jurisdiction of
this Supplementary Code shall pay to the Institute as the agency
of the Supplementary Code Authority his or its proportionate share
of the amount necessary to pay the cost of assembling, analyzing,
and publication of such reports and data and of the maintenance of
the Supplementary Code Authority in connection with its activities
relative to the administration of this Supplementary Code; said
proportionate share to be based upon the volume of business and/or
such other factors as the Supplementary Code Authority may pre-
scribe.
(g) A meeting of the Members of the Industry may be called and
held at any time by order of the Supplementary Code Authority or
members of the Industry having the right to cast at least 51% of
all votes which might be cast at such a meeting. At least five days'
notice to each member of the Industry shall be given.
(h) Each member of the Industry who assents to and complies
with the provisions of this Supplementary Code, and who is not
delinquent in the payment of any assessments made under the pro-
visions of this Supplementary Code, shall be entitled to cast one
vote, either in person or by proxy, in writing, duly executed by such
member of the Industry, and filed with the Supplementary Code
Authority within a reasonable time prior to the time set for the
meeting, at all meetings of the members of the Industry.
SEC. 6. The Supplementary Code Authority shall have the follow-
ing further powers and duties:
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Supplementary
Code.
(b) To make recommendations to the Administrator for the co-
ordination of the administration of this Supplementary Code with
such other Codes as may be related to the Industry.
(c) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Supplementary Code.
(d) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabili-
zation of employment.
(e) To recommend from time to time standards of shipment
terms.
(f) To recommend from time to time standards for guaranty
on products.
SEC. 7. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partners
for any purpose; nor shall any member of the Supplementary Code
Authority be liable in any manner to anyone for any act of any other
member, officer, agent, or employee of the Supplemnentary Code
Authority. Nor shall any member of the Supplementary Code
Authority, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or omission to act
under this Supplementary Code, except for his wilful misfeasance or
nonfeasance.








SEC. 8. If the Administrator shall determine that any action of
the Supplementary Code Authority or any agency thereof is unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended for a period of not to exceed
thirty (30) days to afford an opportunity for investigation of such
action and further consideration by such Supplementary Code
Authority or agency, pending final action, which shall be i;ken only
upon approval by the Administrator.

ARTICLE V-UNFAIR TRADE PRACTICES

For all purposes of the Supplementary Code, any member of the
Industry who shall, directly or indirectly, through any officer, em-
ployee, agent, or representative, violate the following provisions of
this Article, shall be deemed guilty of unfair trade practice and a
violation of this Supplementary Code.
SECTION 1. Each member of the Industry shall use an adequate
cost accounting system which shall conform to the cost accounting
system recommended by the Supplementary Code Authority and
approved by the Administrator as hereinafter provided. The Sup-
plementary Code Authority shall recommend for use in the Industry
a uniform and adequate cost accounting system which shall be adapt-
able to the cost accounting procedure and to the business of the
Industry. Such plan shall specify the factors which shall be in-
cluded in determining the costs of each member of the Industry.
Upon approval by the Administrator of such a system of cost
accounting for the Industry, complete advice concerning it shall be
distributed by the Supplementary Code Authority to all members
of the Industry. Thereafter each member of the Industry shall file
with the agent designated under Article IV, Section 1, of this Sup-
plementary Code his costs for typical items of the products of the
Industry offered for sale by him. Thereafter no member of the
Industry shall initiate a selling price below his own cost, or sell the
product of the Industry at such price or upon such terms or condi-
tions of sale as will result in the purchaser's paying for such product
less than the cost of that member of the Industry who has filed the
lowest cost; provided, however, that any member of the Industry may
sell below his own costs to meet existing competition, when such
prices have been filed in accordance with Section 2 of this Article;
and provided further that the Supplementary Code Authority may
approve, subject to disapproval by the Administrator, the sale of
surplus stocks below such costs where necessary to relieve financial
emergencies. A detailed record of such surplus stocks shall be filed
with and checked by such impartial agency as the Supplementary
Code Authority may designate at the time of application for such
approval.
SEc. 2. Each member of the Industry shall publish and file with
the Supplementary Code Authority within ten days after the effec-
tive date of the Supplementary Code, price lists individually pre-
pared by him of all products offered for sale or sold by him and all
terms and conditions of sale relating thereto. Such price lists shall
state for each grade and kind of each product sold or offered for sale,
one price with appropriate discounts therefrom, if any allowed, for








sales to classified types of purchasers. Such price lists and terms and
conditions of sale so filed with the Supplementary Code Authority
shall be open to inspection at all reasonable times by any interested
party. Revised price lists or revised terms and conditions of sale,
if made, shall be filed from time to time thereafter with the Supple-
mentary Code Authority by any Member of the Industry; provided,
however, that such revisions shall be filed with the Supplementary
Code Authority ten days in advance of the effective date thereof;
and, provided further, that any other member of the Industry may
file revisions of his price lists or terms and conditions of sale to meet
the revisions first filed which may become effective on the date when
the revised price lists or revised terms and conditions of sale first
filed shall become effective. At the time of filing price lists or dis-
count sheets, in accordance with this paragraph, each Member of
the Industry shall furnish the Supplementary Code Authority, for
distribution, such number of copies of his price lists and/or discount
sheets and any revisions thereof, as the Supplementary Code Author-
ity may prescribe.
SEC. 3. No member of the Industry shall sell or offer for sale any
product of the Industry at prices other than the prices noted in its
price lists, or terms and conditions of sale other than the terms and
conditions of sale previously filed by such member with the Supple-
mentary Code Authority in accordance with the provisions of Sec-
tion 2 of this Article and in effect at the time of such sale.
SEC. 4. The following paragraphs describe and shall constitute
unfair methods of competition:
(a) 1. To publish advertising (whether printed, radio, display,
or of any nature) which is misleading or inaccurate in any material
particular, nor shall any member in any way misrepresent 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 conducted.
2. To make disparaging statements respecting the business meth-
ods, practices, or products of another member of the Industry.
(b) To knowingly withhold from or insert in any quotation or
invoice any statement that makes it inaccurate in any material
pa rticular.
(c) To brand or pack any goods in any manner which is intended
to or does deceive or mislead purchasers with respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material, content, or preparation of such goods.
(d) To publish or circulate unjustified or unwarranted threats of
legal proceedings which tend to or have the effect of harassing com-
etitors or intimidating their customers. Failure to prosecute in
due course shall be evidence that any such threat is unwarranted
or unjustified.
(e) To allow or make. payment or allowance of a rebate, refund,
commission, credit, unearned discount, excess allowance, or allow-
ance for customer advertising, catalogues, or illegitimate premiums
whether in the form of money or otherwise, nor shall a member o
the Industry secretly offer or extend to any customer any special








service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.
(f) To ship goods on consignment except under circumstances to
be defined by the Supplementary Code Authority, subject to the
approval of the Administrator, where peculiar circumstances of the
Industry require the practice.
(g) No member of the Industry shall attempt to induce a breach
of an existing contract between a competitor and his employee
(other than employment contracts), or customer or source of sup-
ply; nor shall any member interfere with or obstruct the perform-
ance of such contractual duties or services.
(h) To offer or extend a guarantee against decline or advance in
the selling price of products.
(i) To agree to liquidate, purchase, or accept shipment of a
competitor's product from a customer, in order to sell a member's
own product.
(j) To authorize the return of product for a credit, where known
to be obsolete, or where sales record of preceding year indicates lack
of marketability.
k) To postdate an invoice.
(1) To extend protection against price advance or decline of prod-
ucts through the signing of requirement contracts.
(m) To make an allowance for all or any portion of transporta-
tion costs, except. where transportation charges are figured as a part
of the original costs and are included in the selling price.
(n) To enter into any agreement to assume responsibility for con-
sequential damages and other items of expense which normally can-
not be anticipated in original costs or selling prices.
SEC. 5. Export Trade.-No provision of this Supplementary Code
relating to prices or terms of selling, shipping, or marketing. shall
apply to export trade or sales or shipments for export trade. Unless
and to the extent that the Supplementary Code Autlhority shall
otherwise determine, the sale of any product by any member of the
Industry for direct shipment to Alaska, the Philippines, Hawaii, or
Puerto Rico or other insular possessions of the United States of
America shall not be deemed export trade.
ARTICLE VI-MODIFIC.ATI NS
SECTION 1. This Supplementary Code and all the provisions thereof
are expressly made subject to the right of the President, in accord-
ance with the provisions of subsection (b) of Section 10 of the Act,
from time to time to cancel or modify any order, approval, license,
rule, or regulation issued under the said Act.
SEC. 2. By presenting this Supplementary Code the members of
the Industry do not thereby consent to any modification thereof, and
they reserve the right to object to any such modifications without
being given an opportunity to be heard.
SEC. 3. This Supplementary Code, except as to provisions re-
quired by the Act, may be modified on the basis of experience or
changes in circumstances, such modification to be based upon appli-
cation to the Administrator and such notice and hearing as he shall
specify; and to become effective on approval by the Administrator.








ARTICLE VII-GENERAL PROVISIONS

SECTION 1. No provisions of this Supplementary Code shall be
applied so as to permit monopolies or monopolistic practices, or
to eliminate, oppress, or discriminate against small enterprises.
SEC. 2. Whereas the policy of the Act to increase real purchasing
power will be made more difficult of consummation if prices of
goods and services increase as rapidly as wages, it is recognized that
price increases except such as may be required to meet individual
cost should be delayed, but when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
costs.
SEC. 3. This Supplementary Code shall not affect patent rights.

ARTICLE VIII-DURATION OF SUPPLEMENTARY CODE

This Supplementary Code shall become effective at 12:01 a.m.
o'clock on the tenth day after it is approved by the President and
shall continue in effect until June 16, 1935, or the earliest date prior
thereto on which the President shall, by proclamation, or the Con-
gress shall, by joint resolution, declare that the emergency recognized
by Section 1 of the National Industrial Recovery Act has ended.
Approved Code No. 84-Supplement No. 4.
Registry No. 1421-01.







UNIVERSITY OF FLORIDA
3 1262 08584 7266
3 1262 08584 7266




Full Text

PAGE 1

Approved Code No. 84. Supplement No. 4 R eg i stry N o. 1 421-01 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ELECTRIC INDUSTRIAL TRUCK MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON JANUARY 31, 1934 , • . . 0 :-WE DO OUR PARl' UNITED STATES GOVERNMENT PRINTING OFFICE WASIDNGTON : 1934 For sale by the Superintendent of Documents, Washington, D.C. --------Price 5 cents v

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This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Pust Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass.: 1801 C u ~ tomhouse. Buffalo. N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. C l eveland, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. D troit, Mich.: 801 First Xational Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo. : 1028 Baltimore A venue. L os Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Building. Memphis, Tenn. : :..,29 Federal Building. l\linneapolis, Minn.: 213 Federal Building. ew Orleans, La. : Room 225-A, Customhouse. New York, r .Y.: 73-! Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Tru t Building. Pittsburgh, Pa. : C hamber of Commerce Building. Portland, Oreg. : 215 ew Post Office Building. St. Louis, l\lo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, "\ a h.: 809 Federal Office Building.

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Approved Code No. 84-Supplernent No. 4 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ELECTRIC INDUSTRIAL TRUCK MANUFACTURING INDUSTRY As Approved on January 31, 1934 ORDER SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ELECTRIC INDUSTRIAL TRUCK MANUFACTURING INDUSTRY A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Reco very Act, approved June 16, 1933, and in accordance with the provisions of Section I of Article VI of the Basic Code for the Fabricated Metal Products Ivianufacturing and Metal Finishing and ~1etal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Electric Industrial Truck Manufacturing Industry; and hearing having been duly held thereon; and the annexed report on said Supplementary 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 Supplementary Code com plies in all respects with the pertinent provisions and will promote the 37108-313-164--34 (1)

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2 policy and purposes of said Title of said Act; and do hereby order that said Supplementary Code of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article V, Section 2, insofar as they prescribe a waiting period between the filing with the Code Authority (i.e. actual receipt by the Code Authority) and the effective date of revis ed price lists or revised terms and conditions of sale be and they are hereby stayed for a period of sixty days or pending the completion of a study now being conducted by the National R ecovery Administration, and at the end of such period said provisions shall be c ome effect ive unle ss I, by my further Order, otherwise determine. Approval recommended: w. A. HARRIMAN, HUGH S. JOHNSON' Administrator f 01 I ndwtrial Recovery . Division Ad1ninistrator . WASHINGTON, D.C., January 31, 1934.

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The PRE IDENT, The White Hous e . Srn: This is a report on the Supplementary Code o: Fair Competition :or the Electric Industrial Truck Manufacturing Industry, a division of the Fabricated 11etal Products 11anu:acturing and Metal Finishing and 11etal Coati~g Industry, and on the h earing cond uct ed thereon in Wa hington, D.C. , Dec ember 1 8 1933, in accordan c e with the provisions of Title I of the National Industrial R ecovery Act. GE -ER.AL STATEMENT The Electric Industrial Truck Manufacturing Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Practice, as provided for in Section 1 of Article VI of the Basic Code, for the Fabricated Metal Products 11anufacturing and Metal Finishing and Metal Coating Industry approved by you on the second day of November 1933. RESUME OF THE CODE Article I states the purpos e of the Supplementary Code. Article II accurately defines specific terms employed in the Sup plementary Code. Article III. This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and the labor provisions of its Basic Code, as approve d ovember 2, 1933, are the labor provisions of this Supplementary Code. Article IV establishes a Supplementary Code Authority consisting of the five ( 5) members of the Board of Trust~es of the Electric Industrial Truck Institute, Inc., or its successor, and one member chosen from the Industry by the vote o: the members thereof, and gives the Administrator the a .uthority to appoint one additional member without vote and provides machinery for obtaining statistics and the administration of this Supplementary Code. Article V sets forth the fair trade practices of this Supplementary Code which has been especially designed to effect fair competition in this division of the Industry. Article VI contains the mandatory provisions contained in Section 10 (b) of the A c t and also provides for the submission of proposed amendments to the Supplementary Code. Article VII provides against monopolies and monopolistic prac tices, and recognizes that price increases b e limited to actual additional increases in the sell er's costs. Article VIII states the effective date of this Supplementary Code. (3)

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4 FINDINGS The Assistant Deputy Administrator in his final report to me on said Supplementary Code having found as herein set forth and on the basis of all the proceedings in this matter; I find that-(a) Said Supplementary Code is well designed to proniote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign comn1er c e which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and super vi s ion, by eliminating unfair competitive practices, by promoting the fulle s t poss i ble utilization of the present productive capacity of in lustries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50,000 em ployees; and is not classified by me as a major industry. ( c ) The Supplementary Code as approved complies in all respects with the pertinent provis ions of said Title of said Act, including without limitation Sub ection (a) of Section 3, Subse ction (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applican t association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no ineq uitable restrictions on admjssion to mem .bership therein. ( d) The Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplementary Code. For these reasons, therefore, I have approved this Supplementary Code. Respect-fully, JANUARY 31, 1934. Huon S. JonNsoN, Adniinistrator.

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SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ELECTRIC INDUSTRIAL TRUCK MANUFACTURING INDUSTRY A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry ARTICLE I-PURPOSES To effectuate the policy of Title I of the National Industrial Re covery Act, the following provisions are established as a Supplementary Code of Fair Competition for the Electric Industrial Truc k :Manufacturing Industry, pursuant to Article VI of the Bas ic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved by the President of the United States on the second day of November 1933, and upon approval by the President of the U n1ted States the provisions of this Supplementary Code shall be the Standard of Fair Competition for and shall b e binding upon every member thereof. ARTICLE II-DEFINITIONS The term "The Electric Industrial Truck Manufacturing Industry", hereafter referred to as the Industry, means and includes the manufacture or purchase of component parts for a sse mbly and for sale of all types of electric industrial trucks, electric indu trial tractors, electric industrial cranes, which use low-voltage electric motors for motive power, and accessories. The term "Member of the Industry" includes, but without limi tation, any individual, partnership, association, corporation, or other form of enterprise engaged in the Industry, either as an employer or on his or its own behalf. The terms "President", "Act", and "Administrator" a s u sed herein shall mean, respectively, the President af the United States1 the National Industrial Recovery Act, and the Administrator, ot Title I of said Act. The term "Basic Code" as used herein is defined to mean the Basic Code of Fair Competition for the Fabricated ~1etal Products Manufacturing and Metal Finishing and Metal Coating Industry, as approved by the President of the United States on the second day of November 1933. The term " Supplementary Code Authority " as used herein means the agency which shall supervise the admirustration of this Supplementary Code. (5) •

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6 The term "Institute" as used herein is defined t o mean The Electric Industrial Truck Institute, Inc. , or its successor. The term "Federation" as used herein is defined to mean The Fe,bri cated Metal Products Federation, or its successor . ARTICLE III-EMPLOYMENT PROVISIONS This Industry is a division. of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and the l abo r provisions of its Basic Code as approved by the President of the United States are the labor provisions of this Supplementary Code. ARTICLE IV-ORGANIZATION AND AD~IINISTRATION SECTION 1. The Supplementary Cod e Authority is hereby constituted the agency to administer the provision s of this Supplementary • Code , and shall consist of the five (5) members of the Board of Trustees of the Institute and one member chos e n from the Industry by the vote of the members thereof. The Admini trator may appoint one representative to serve without vote and without expense to the Industry unless the Supplementary Code Authority shall agree to pay such expenses as a member of the Supplementary Code Authority. The president of the Institute is hereby constituted the agent to collect and distribute all statistical reports of the Industry a s required by the Supplementary Code Authority. With a view to keeping the President of the United State informed as to the observance or nonobservance of this Supplementary Code, said agent 8hall collect uch statistics as called for by the President and/or the Administrator and send them in such form a s the President and/or the Administrator may require to the Federation, as the agency admini tering said Basic Code . SEc. 2. The President of the Institute a such agent, shall also from time to time, furnjsh to the Bas ic Code Authority, designated in said Basic Code, such information as may be required to b furni hed under the terms of said Basic Code. SEc. 3. All data fil ed in accordance with the pro, isions of this Supplementary Cod e shall be confidential and shall not be revea l ed except in composite form to anyone other than an authorized governmental ao-ency. SEC. 4. Any or all information furni hed to the President of the In titute by any m embe r of the Industry hall be subject to checking for the purpo of ve rifying by an examination of the p rtin nt book and a count and r cord s of s u h m mb r by any disinter st d person or per on s, mutually agre d upon by the npr l emetary Code Authority and the m mber of the In lu try who b ok and ac ounts and record are to be examin d, or by a per on or per on nominated by the Supplementary Cod Authority and a PI roved by the Ad mini -trator. The o t of u h examination shall b treated a an xpens of administering th ode; I rovid 1 h w ver, that if upon u h x amination any u h inf rmati n hall b hown to have b en in orr t in any mat rial re . 1 t, s u h o t hall b paid b3 th memb r of th Indu try whi h furni h d u c h information.

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7 SEC. 5. To further effectuate th p licie of the Act and for the admini tration of thi Supplementary ode, the con tituted authorities and methods of government or the Inclu try shall be a follow s : (a) The Supplementary Code Authority shall have general power and supervision over the enforcement of the provi ion of this Supplementary Code and it is hereby de ignatcd a the agency for admin h tering, supervising, and promoting the ob ervance of the provisions of this Supplementary Code, and shall have power to obtain from all member of the Industry such reasonable and pertinent data as may be neces ary for the administration of the provision of thi Supplementary Code. The request for reports from member of the Industry shall not be made in any manner which will impo e unequal obligations upon members of the Industry. (b) The Supplementary Code Authority shall have power to in vestigate on its own initiative or on complaint, the operation of the Supplementary Code and any alleged violation of the Supplementary Code by any member of the Industry; to make findings of :fact and to state its conclusions as to whether or not there has been any violation of any provision of the Supplementary Code and except as hereinafter provided, to take such steps as it may deem nece ssary or advis able, within the provisions of the Supplementary Code, subject to rules and regulations by the Administrator. ( c) No member of the Supplementary Code Authority shall participate, a a member of such Supplementary Code Authority, in any proceedings in which he i interested as the complainant or respondent, or in which he is in any other manner directly interested, and in the event of any such disqualificat i on , the remaining members of such Supplementary Code Authority shall certify such disqualifi cation, together with the reasons therefor and shall promptly designate a person to sit as a special member of such Supplementary Code Authority for the purpose of such proceedings. ( d) The Supplementary Code Authority may delegate any of its duties to such person of per ons, committee or committees, as it may select; provided, that it shall not delegate any of its duties to any person who i s subject to disqualification, as in paragraph ( c) above provided; and provided further, that such delegation shall not relieve the Supplementary Code Authority from any of its responsibilities under this Supplementary Code. ( e) The Supplementary Code Authority may, subject to the approval of the Administrator, upon finding, by a three fifth s vote, that the respondent a senting member of the Industry has violated this Supplementary Code, asse s all costs in connection with s uch investigation and disposition of such complaint against said respondent as enting member of the Industry. If any assenting member of the Industry makes a formal complaint to the Supplementary Code Authority which proves, after investigation by the Supplementary ode Authority and approval by the Administrator, to be without :foundation in :fact , then the Supplementary Code Authority may assess against the assenting member of the Industry bringing such formal complaint, all costs in connection with the investigation and disposition of such complaint. All as sess ments to be paid into the treasury of the Institute as the Agency of the Suppleme!1tary Code Authority.

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8 ( f) Each member of the Industry subject to the jurisdiction of this Supplementary Code shall pay to the Institute as the agency of the Supplementary Code Authority his or its proportionate share of the amount necessary to pay the cost of assembling, analyzing, and publication of such reports and data and of the maintenance of the Supplementary Code Authority in connection with its activities relative to the administration of this Supplementary Code; sajd proportionate share to be based upon the volume of business and/or such other factors as the Supplementary Code Authority may pre scribe. (g) A meeting of the l\1embers of the Industry may be ca lled and held at any time by order of the Supplementary Code Authority or members of the Industry having the right to cast at least 51 % of all votes which might be cast at such a meeting. At least five days' notice to each member of the Industry shall be given. (h) Each member of the Industry who assents to and complies with the provisions of this Supplementary Code, and who is not delinquent in the payment of any assessments made under the pro visions of this Supplementary Code, shall be entitled to cast one vote, either in person or by proxy, in writing, duly executed by such member of the Industry, and filed with the Supplementary Code Authority within a reasonable time prior to the time set for the meeting, at all meetings of the members of the Industry. SEc. 6. The Supplementary Code Authority shall have the following further powers and duties: (a) To adopt bylaws and rules and regulations for its procedure and for the administration and enforcemen t of the Supplementary Code. (b) To 1nake recommendations to the Administrator for the coordination of the administration of this Supplementary Code with such other Codes as may be related to the Industry. ( c) To cooperate with the Administrator in regulating the use of any N.R.A. insignia solely by those members of the Industry who have assented to, and are complying with, this Supplementary Code. ( d) To reco mn1end to the Administrator further fair trade prac tice provis ions to govern memb ers of the Industry in their relations with each other or with other industries and to recommend to the Administrator measures for industrial planning, including stabili zation of employment. ( e) To recommend from time to time standards of shipment terms. (f) To recommend from time to time standards for guaranty on . products. EC. 7. Nothing contained in this Supplementary Code shall constitute the m mbers of the Supplementary Code Authority partners for any purpo e; nor shall any member of the Supplementary Code Authority be liable in any mann r to anyone for any act of any other member, offi r, agent, or employee of the Supplementary Code Authority. or hall any member of the upplementary Code Authority, exerci ing r a onable diligen e in the ondu t of his dutie hereunder, be liable to anyone for any a tion or omi ion to act under this uppl mentary C d , ex ept for his wilful mi f a ance or nonfeasance.

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9 SEC. 8. If the Admini trator hall letermine that any action f the Supplementar ode uthorit or an agenc thereof is unfair or unjust or contrary to the public intere t, the dmini trator may require that such action be u.spended for a period of not to exceed thirty (30) days to afford an opportunity for inve igation 0 uch action and further con ideration by uch Supplementary Code Authority or agency pending final action which hall b taken only upon approval by the Administrator. ARTICLE V,.XFA.IR TRADE PRACTICES For all purpose 0 the upplementary ode any member of the Industry who shall, directly or indirectly, through any officer, em ployee, agent, or representative, violate the :following provi ion of this Article sha]l be deemed guilty of unfair trade practice and a violation of this Supplementarj Code. SECTION 1. Each member o the Indu try shall u ~ e an adequate cost accounting s stem which shall conform to the co t accounting system recommended by the Supplementary Code Authority and approved by the Administrator a hereinafter prm-idecl. The Supplementary Code Authority shall recommend fo r n e in the Industry a uniform and adequate co t accounting sy tern which shall be adaptable to the cost accounting procedure and to the bu~ine s of the Industry. Such plan shall specify the :factors ~hich shall be included 1n determining the co ts of each member of the Indu try. Upon approval by the Admini trator of such a system of co t accounting for the Indu try complete advice concerning it hall be distributed by the Supplementary Code Authority to all members of the Industry. Thereafter each member of the Indu try shall file with the agent de ignated under Article IV, Section 1, of this Supplementary Code his cost for typical item of the product of the Indu try offered for ale by him. Thereafter no member of the Indu try hall initiate a selling price below hi~ own co t or ell the product 0 the Industry at such price or upon uch terms or conditions of sale as will result in the purchasers paying for uch product less than the co t of that member of the Indu try who ha filed the lowest cost; provided, however that any member of the Indu try may sell below his own costs to meet existinocompetition when uch prices have been filed in accordance with Section 2 of thi Article; and provided further, that the Supplementary Code Authority may approve, subject to disapproval by the Admini trator the sale of surplus stocks below such costs where neces ary to relieve financial emergencies. A detailed record of such surplu stock shall be filed with and checked by such impartial agency a the Supplementary Code Authority may designate at the time of application for such approval. SEc. 2. Each member of the Industry shall publi h and file with the Supplementary Code Authorit. within ten days after the effec tive date of the Supplementary Code price li ts individually prepared by him of all products offered for sale or sold by him and all terms and conditions of sale relating thereto. Such price lists shall state for each grade and kind of each product old or offered for sale, one price with appropriate discounts therefrom if any allowed, for

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10 sales to classified types of purchasers. Such price lists and terms and conditions of sale so filed with the Supplementary Code Authority shall be open to inspection at all reasonable times by any interested party. Revised price lists or revised terms and conditions of sale, if made, shall be filed from time to time thereafter with the Supplementary Code Authority by any Member of the Industry; provided, however, that such revisions shall be filed with the Supplementary Code Authority ten days in advance of the effective date thereof; and, provided further, that any other member of the Industry may file revisions of his price lists or terms and conditions of sale to meet the revisions first filed which may become effective on the date when the revised price lists or revised terms and conditions of sale first filed shall become effective. At the time of filing price lists or discount sheets, in accordance with this paragraph, each Member of the Industry shall furnish the Supplementary Code Authority, for distribution, such number of copies of his price lists and/or discount sheets and any revisions thereof, as the Supplementary Code Authority may presc ribe. SEc. 3. No member of the Industry shall sell or off er for sale any product of the Industry at prices other than the prices noted in its price lists, or tern'lS and conditions of sale other than the terms and conditions of sale previously filed by such member with the Supplementary Code Authority in accordance with the provisions of Section 2 of this Article and in effect at the time of such sa le. SEc. 4. The following paragraphs describe and shall constitute unfair methods of competition: (a) 1. To publish advertising (whether printed, radio, display, or of any nature) which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent 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 conducted . 2. To make disparaging statements respecting the business meth od , practices, or products of another member of the Industry. (b) To knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. ( c) To brand or pack any goods in any manner which is intended to or does deceive or mislead purchasers with respect to the brand, grade, quality, quantity, origin, size, substance, character, nature, fini sh, material, content, or preparation of such goods. ( d) To publish or circulate unjustified or unwarranted threats of l ega l proceedings which tend to or have the effect of harassing competitors or intimidating their customers. Failure to prosecute in due course shall be evidence that any such threat is unwarranted or unjustified. ( e) To allow or make payment or allowance of a rebate, refund, commission, credit, unearned discount, excess allowance, or allow ance for c u stome r advertising, catalogues, or illegitimate premiums, whether in the form of money or otherwise, nor shall a member of the Industry secretly off er or extend to any customer any special

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11 servi e or privilege not extended to all u . -tomcr of the same class, for the purpose of influencing a sale. (f) To ship goods on consignment except under circumstances to be defined by the Supplementary ode uthority subject to the approval of the Administrator, where peculiar circwnstances of the Industry require the pra tice. (g) No member of the Industry shall attempt to induce a breach of an existing contract between a competitor and his employee ( other than emplo ment contracts) or cu tomer or source of supply; nor shall any member interfere with or obstruct the performance of such contractual duties or service . (h) To offer or extend a guarantee against decline or advance in the selling price of products. (i) To agree to liquidate, purchase, or accept shipment of a competitor's product from a c u stomer in order to sell a member's own product. (j) To authorize the return of product :for a credit, where known to be obsolete or where sales re cord of preceding year indicate lac k of marketability. (k) To postdate an invoice. (1) To extend protection against price advance or decline of products through the signing of requirement contracts. (m) To make an allowance for all or any portion of transportation costs, except where transportation charges are figured as a part of the original costs and are included in the elling price. (n) To enter into any agreement to a ume re pon ibility for con sequential damages and othe r items of expen e which norm. ally c annot be anticipated in original cost or selling price . SEc. 5. Export Trade.-N o provi ion of thi Supplementary Code relating to prices or terms of selling, shipping. or marketing, shall apply to export trade or sales or shipments for export trade. Unless und to the extent that the Supplementary Co de Authority shall otherwise determine, the sale of any produc t by any member of the Industry for direct shipment to Alaska, the Philippine . Hawii or Puerto Rico or other insular p o S ion s of the Unite l States of America shall not be deemed export trade. ARTICLE VI-MoDIFICA TIO Ts SECTION 1. This Supplementary Code and all the pro\i ions thereof are expressly made subject to the right of the Pre ident in accord ance with the provis ions of subsection (b ) of Sec ion 10 of the Act, from time to time to cancel or modify any order, approval, lic en e, rule, or r egulation i sued under the said Act. SEc. 2. By pre enting this Supplementary Code the members of the Industry do not thereby consent to any modification thereof, and they reserve the right to object to any such modification without being given an opportunity to be heard. SEc. 3. This Supplementary Code except a to provisions required by the Act, may be modified on the basis of experience or changes in circum tances, such modifi cat ion to be based upon application to the Adrnini trator and such notice and h earing as he shall specify; and to become effective on approval by the Administrator.

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12 ARTICLE VII-GENERAL PROVISIONS SECTION 1. No provisions of this Supplementary Code shall be applied so as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. SEC. 2. ,vhereas the policy of the Act to increase real purchasing power will be made more difficult of consmmnation if prices of goods and services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should be delayed, but when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs . SEc. 3. This Supplementary Code shall not affect patent rights. ARTICLE VIII-DURATION OF SUPPLEMENTARY CODE This Supplementary Code shall become effective at 12: 01 a.m. o'clock on the tenth day after it is approved by the President and shall continue in effect until June 16, 1935, or the earliest date prior thereto on which the President shall, by proclamation, or the Con gress shall, by joint resolution, declare that the emergency recognized by Section 1 of the National Industrial Recovery Act has ended. Approved Code No. 84-Supplement No. 4. Registry No. 1421-01. 0

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UNIVERSITY OF FLORIDA II I II 11111111111111111111111111111111111111111111111111111111111 3 1262 08584 7266