Citation
Amendment to supplementary code of fair competition for the wire rope and strand manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on May 6, 1935

Material Information

Title:
Amendment to supplementary code of fair competition for the wire rope and strand manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on May 6, 1935
Portion of title:
Wire rope and strand 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:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Wire-rope industry -- 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. 1151-03."
General Note:
"Approved Code No. 84H1--Amendment No. 2."

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:
004931484 ( ALEPH )
646185512 ( OCLC )

Full Text





NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE

WIRE ROPE AND STRAND

MANUFACTURING INDUSTRY

(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)


AS APPROVED ON MAY 6, 1935


WE DO OUR PART


Ur'V. "" FL L T


I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


Approved Code No. 84HI--Amendment No. 2


Registry No. 1151-03























This publication is ror sale by the Supetriuteuwnetj of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohii: 520 Bulkley Buildin'.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street.
Seattle, Wash.: 1730 Exchange Building.










Approved Code No. 84H1-Amendment No. 2


AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE

WIRE ROPE AND STRAND MANUFACTURING
INDUSTRY

As Approved on May 6, 1935


ORDER

APPROVING AMENDMENT OF SUPPLEMENTARY CODE OF FAIR COMPETI-
TION FOR THE WIRE ROPE AND STRAND M MANUFACTURING INDU ,STIY

A DIVISION OF THE FABRICATED METAL PROiDUCTS 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, for approval of amendments
to the Supplementary Code of Fair Competition for the Wire Rope
and Strand Manufacturing Industry and a Notice of Opportunity
to be Heard having been duly given thereon, and the annexed report
on said amendments containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that said amendments and the Supplementary Code as consti-
tuted after being amended comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title
of said Act, and does hereby order that said amendments be, and they
are hereby approved, and that the previous approval of said Supple-
mentary Code is hereby amended to include an approval of said
Supplementary Code in its ent irety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. H.ARRI ', Adini;fstrative Officer.
Approval recommended:
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
May 6, 1935.
134180--1844-10---35 ( 1












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on Amendments to the Supplementary Code
of Fair Competition for the Wire Rope and Strand Manufacturing
Industry, to incorporate provisions to constitute as unfair trade
practices the guarantee or protection in any form against advance
or decline in the market price of any products; to exclude the export
trade or sales on shipments for export trade from the provisions of
the Supplementary Code relating to prices or terms of selling, ship-
ping or marketing; to specifically empower the Supplementary Code
Authority to present Amendments on behalf of the Industry as a
whole; to provide for the payment of liquidated damages; to increase
the membership of the Supplementary Code Authority from sixteen
to seventeen members. These Amendments were proposed in accord-
ance with Article XI, Sections 2 and 3 of the Supplementary Code
as approved on May 24, 1934, and a Notice of Opportunity to be
Heard was published on March 25, 1935.

FINDINGS

The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said Amendments to said
Supplementary Code having found as herein set forth and on the
basis of all proceedings in this matter:
The Amendment to Article VIII, Rule 12 covers the guarantee
against advance and decline in prices.
Finding: To prevent unfair competition, the trade practice of
guaranteeing a purchaser against advance or decline in prices is to
be considered unfair.
The Amendment to be new Article XI relates to Export Trade.
Finding: This Amendment by excluding Export Trade from the
provisions of the Supplementary Code relating to prices or terms
of selling, shipping or marketing, allows a better opportunity for
the free flow of foreign commerce. The competitive conditions of
the various consumer countries will be better overcome and a result-
ant increase in production may be expected.
The Amiendment to Article IX, Sections 2 and 3 authorizes the
Supplementary Code Authority to present Amendments on behalf
of the Industry as a whole.
Finding: Under the existing provisions in the Supplementary
Code, it is nmres-iary for Anmnilmiint to be submitted by a majority
of the members of the entire Industry. The A ndmdment will
simplify this procedure.
The Aiimeiilni'it to be identified as Article X provides for the
payment of liquidated damages.








Finding: Members of the Industry who so desire may enter into
an agreement among themselves for payment of liquidated damages.
This voluntary agreement will tend to promote the general welfare
of the Industry and will improve the standards of labor through
increased employment and protection of wage and hour provisions.
The Amendment of Article IV, Section 1, Paragraph 2, increases
the membership of the Supplementary Code from sixteen to seven-
teen members.
Finding: This Amendment recognizes the need of further Indus-
try representation, and the Supplementary Code Authority will rep-
resent approximately ninety-five percent of the total production and
sales in the Industry.
GENERAL FINDINGS

(a) The Amendments will not change the fundamental economic
conditions of the Industry, will not obstruct any sound economic
practice in the Industry and will further the economic progress of
any manufacturer or member of the Wire Rope and Strand Manu-
facturing Industry.
(b) The Supplementary Code, as amended, complies in all re-
spects with the pertinent provisions of said Title of said Act, in-
cluding without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subsection (b) of Section 10 thereof.
(c) The Supplementary Code provides that the aforesaid Amend-
ments may be presented by a majority by number of all members
of the Industry.
Finding: The total number of members in the Industry is twenty-
one (21). A vote of approval has been received from a majority of
the members.
(d) The Amendments and the Supplementary Code as amended
are not designed to and will not permit monopolies or monopolistic
practices and will not eliminate or oppress small enterprises or dis-
criminate against them.
Finding: The tendency towards any monopoly arising is not
anticipated. The Amendments were considered at a meeting of the
Supplementary Code Authority representing eighty percent by num-
ber of the members of the Industry. A Notice of Opportunity to
Be Heard was published and all members of the Industry have been
given a ballot on which they may vote on the proposed Amendments.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to the approval of
said Amendments.
Finding: No protests were received from other industries as a
result of publishing the Notice of Opportunity to be Heard.
For these reasons, therefore, these Amendments have been ap-
proved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Oflicer.
MAY 6, 1935.












AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE WIRE ROPE AND STRAND
MANUFACTURING INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING
AND METAL FINISHING AND ,METAL COATING INDUSTRY
Article IV, Section 1, Paragraph 2, to be amended as follows:
"There shall be constituted within the sixty-day period a Supple-
mentary Code Authority of seventeen members to be elected by the
members of the Industry at a meeting to be called by the temporary
Supplementary Code Authority upon ten (10) days' notice sent by
registered mail to all known members of the Industry, each member
of the Industry to have one vote and such member may vote either
in person or by proxy, a majority of votes so cast being necessary
for election."
Add the following Rule 12 to Article VIII: "Making or giving
to any purchaser of any product any guarantee or protection in
any form against advance or decline in the market price of such
product."
Delete Sections 2 and 3 of Article IX and substitute therefore a
new Section 2 as follows: "This Supplementary Code, except as
to provisions required by the Act, may be modified or amended on
the basis of experience or changes in circumstances, such modifica-
tions or anwmmlmeints to be based upon application by the Supple-
mentary Code Authority or other representative group within the
Industry to the National Industrial Recovery Board and such Notice
and Hearing as it shall specify and to become effective and be a
part of this Supplementary Code on approval by the President
and/or the National Industrial Recovery Board."
Liquidated Damages to be added as new Article X: "Any mem-
ber of the Industry may tenter into an agreement with any other
imeimiber or members of the Industry providing for the payment of
liquidated damages by any party thereto upon violation by him
of any provision of the Supplementary Code, provided, however,
that such nar,.Tcrment shall become effective and binding on the
parties thereto only after the execution thereof shall have received
the consent of the National Industrial Recovery Board."
Export Trade-to be added as new Article XI, the succeeding
Articles to be renuimlbered accordingly: No provision of this Sup-
pIlencmetary Code relating to pricir or terms of selling, shipping or
marketing, shall apply to export trade or sales or shipments for
export trade. 'Exprt Trade' shall be as defiled in the Export
Trade Act as adopted April 10, 1918."
Appr'ov\'l (' Cod No. 84HI1-Amendment No. 2.
Registry No. 1151-03.
(4)









































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Full Text

PAGE 1

V Approved Code No. 84Hl-Arnendment No. 2 R eg i s tr y N o. 1151-03 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WIRE ROPE AND STRAND MANUFACTURING INDUS1,RY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON MAY 6, 1935 'WE DO OUR PART UNITED STATES GOVERNMENT PRINTIN G OFFIC E WASHING TON : 1935 For sale by the Superintendent of Documents, Washing ton, D. C . ---------Price 5 cents

PAGE 2

This publication is ror sale by the ::superrntenuent of Documents, Government Printing Offi c e, Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga. : 625 Citizens & Southern ational Bank Building. Baltimore, l\Id. : 130 u tomhou e. Birmingham , Ala. : 201 Liberty National Life Building. B o ton M a s. : R oom 1200, 80 Federal Street. Buffa lo, N. Y.: 219 White Building . Chicago, Ill. : Roo m 204, 400 orth Michigan A venue. le, land, Ohio : 520 Bulkley Buildin~ . Dallas, Tex. : 1212 Republic Bank Building. D etroit, Mic h . : 415 New Federal Building. B o u ton, Tex. : 403 Milam Building. Jack onville, Fla.: 425 United States Courthouse and Post Office Building. Lo Angel es, Calif.: 751 Figueroa Street, South. Louisville, Ky. : 408 Federal Building. Minneapoli , Minn.: 900 Roanoke Building. Nashvill e, Tenn.: 415 Cotton States Building. Newark, . J . : 434 Industrial Offi c e Building, 1060 Broad Street. New Orleans, La. : 214 Customhou s e. New York, . Y. : 4 5 Broadway. Oklaho m a City, Okla. : 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pitt burgh, Pa.: 401 Law and Finance Building. Portla nd, Oreg. : 407 Park Building. Providence, R. I.: rational Exchange Bank Building, 17 Exchange Street. St. L oui , Mo. : Suite 1220 , 506 Olive Street. San Franci c , Calif. : Bumbolt Bank Building, 785 Market Street. Seattle, Wash.: 1730 Exchange Building.

PAGE 3

Approved Code No. 84Hl-Amendment No. 2 AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WIRE ROPE AND STRAND MANUFACTURING INDUSTRY As Approved on May 6, 1935 ORDER APPROVING AMENDMENT OF SUPPLEMENTARY CODE OF FAIR COMPETI TION FOR THE WIRE ROPE AND STRAND MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED rETAL PRODUCTS MANUFACTURING AND METAL FINISHING AND UETAL COATING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the ational Industrial Recovery Act, approved June 16, 1933, for approval of amendments to the Supplementary Code of Fair Competition for the Wire Rope and Strand :Manufacturing Industry and a Notice of Opportunity to be Heard having been duly give n thereon, and the annexed report on said amendments containing findings with re spect thereto, having been made and directed to the President: OW, THEREFORE, on behalf of the President of the nited States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order o. 6859, dated September 27, 1934, and otherwi s e, does hereby incorporate by reference said annexed report and does find that aid amendments and the Supplementary Code as constituted after b eing amended comp l y in all respect s with the pertinent provi ions and will promote the policy and purpo es of aid Title of aid Act, and does hereby order that said amendments be, and they are hereby approved, and that the previous approval of aid Supplementary Code is hereby amended to include an approval of said Supplementary Code in its entirety as amended. ATION AL IND STRIA.L RECOYERY BOARD, By W. A. HARRDIAN, Administrative Officer. Approval recommended: JOHN w. UPP, Acting Division Administrator. W ASHINGTOX, D. C., May 6, 1935. 134180-1844-10-35 (1)

PAGE 4

REPORT TO THE PRESIDE T The PRESIDENT, The White House. Srn: Thi i a report on Amendment to the Supplementary Code of Fair Competition for the Wire Rope and Strand Manufacturing Indu try, to incorporate provisions to con titute as unfair trade practices the guarantee or protection in any form again t advance or decline in the market price of any produc ; to exclude the export trade or ales on hipment for export trade from the provi ions of the Supplementary Code relating to prices or term of selling shipping or marketing; to pecifically empower the Supplementary Code Authority to pre ent Amendments on behalf of the Indu try as a whole; to provide for the payment of liquidated damages; to increase the member hip of the Supplementary Code Authority from sixteen to eventeen members. These Amendments were proposed in accord ance with rticle XI, Sections 2 and 3 of the Supplementary Code as approved on May 24 1934 and a otice of Opportunity to be Heard wa publi bed on March 25 1935. FI1'TDINGS The A istant Deputy Admini trator in his final report to the National Industrial Recovery Board on said Amendments to said Supplementary ode ha ing found as herein set forth and on the ba is of all proceedings in this matter : The Amendment to Article VIII Rule 12 covers the guarantee against advance and decline in prices. Finding: To prevent unfair competition, the trade practice of guaranteeing a purchaser again t adv-ance or decline in prices i to be con idered unfair. The Amendment to be new Article XI relate to Export Trade. Finding: Thi mendment b excluding Export Trade from the provi ion of the Supplementary ode relating to prices or term of elling hipping or marketing allow a better opportunit for th fre flow of foreio-n commerce . The competitiv ondition of th variou con umer countrie will be better overcome and a re ultant increa e in production may be expe ted. The m ndm n to Arti 1 IX Section 2 and 3 authorize the uppl mentar od Auth rity to pre e.nt mendm nt on b half of th Indu try a a whole . Findin : nd r th C d it i n ar for of th m mb r of th implif thi pro lure. Th m n lm nt t b i len ifi a pa) m nt of liquidat d dama (2) in th uppl m ntary ubmitted b a majorit The Amendment ill rticl X pro id fr the

PAGE 5

3 Finding: Me111bers of the Industry who so desire may enter into an agreem nt among them elves for payment of liquidated d amages . Thi voluntary agreement will tend to promote the general welfare of the Industry and will improve the standards of labor through increa ed employment and protection of wage and hour provisions. The Amendment of Article IV, Section 1, Paragraph 2, increases the membership of the Supplementary Code from sixteen to seven teen members. Finding: Thi Amendment recognizes the need of further Industry representation, and the Supplementary Code Authority will represent approximately ninety-five percent of the total production and sales in the Industry. GENERAL FINDINGS (a) The Amendments will not change the fundamental economic conditions of the Industry, will not obstruct any sound economic practice in the Industry and will further the economic progress of any manufacturer or member of the Wire Rope and Strand Manufacturing Industry. (b) The Supplementary Code, as amended, complies in all re spects 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. (c) The Supplementary Uode provides that the aforesaid Amendments may be presented by a majority by number of all members of the Industry. Finding: The total number of members in the Industry is twentyone (21). A vote of approval has been received from a majority of the members. ( d) The Amendments and the Supplementary Code as amended are not designed to and will not permit monopolies or monopolistic practices and will not eliminate or oppress small enterprises or discriminate against them. Findino-: The tendency towards any monopoly arising is not anticipated. The Amendments were considered at a meeting of the Supplementary Code Authority representing eighty percent by number of the members of the Industry. A Notice of Opportunity to Be Heard was published and all members of the Industry have been given a ballot on which they may vote on the proposed Amendments. ( e) Tho e engaged in other steps of the economic process have not been deprived of the right to be heard prior to the approval o:f said Amendments. Finding: No protests were received from other industries as a result of publishing the Notice of Opportunity to be Heard. For these reasons, therefore, these Amendments have been approved. For the National Industrial Recovery Board: MAY 6, 1935. w. A. HARRIMAN, Administrative Officer.

PAGE 6

AME DMENT TO SUPPLEME TARY CODE OF FAIR COMPETITION FOR THE WIRE ROPE AND STRA D MANUF ACTURI G INDUSTRY A Dmsro :r OF THE FABRICATED j\1ETAL PROD CTS :i\fAN ACT RING AND j\fETAL FINISHING AND NIBT.AL COATING IND TRY Article IV, Section 1, Paragraph 2, to be amended as follows: ' There hall be constituted within the sixty-day period a Supplementary Code Authority of seventeen members to be elected by the members of the Indu try at a meeting to be called by the temporary Supplementary Code Authority upon ten (10) day ' notice sent by regi tered mail to all known member of the Indu try, each member of the Indu try to have one vote and uch member may vote either in person or by proxy, a majority of votes so cast being nece sary for lection.' Add the following Rule 12 to Article VIII : " :i\faking or giving to any purcha er of any product any guarantee or protection in any form again t advance or decline in the market price of such product." D lete ecti n 2 and 3 of Article IX and ub titute therefor a new Section 2 a follows: ' Thi Supplementary Code, except as to provis ion r quired by the Act 1nay be modified or amended on the ba i s of exp erien e or change in circum tance , such modifications or amendments to be ba 0d upon application by the Supplementary ode uthority or other repre entative group within the Indu try to the ational Indu trial Recovery Board and uch Notice and Hearing a it hall pecify and to oocome effective and be a part of thi upplementary Code on appro-\ al by the Pre ident an l /or the ational Indu trial Recovery Board.' Liquidated Damage to be added a, new Article X: "Any m mber of the Indu try may e:r:.iter into an agreement with any other memb e r or memb e r f the Indu try providino for the payment of liquidated dama a e by any party ther to upon violation by him of any provi ion of the upplementar od , provided however that ~ uch agre ment hall be ome :ffectiv and bindina on the partie the reto nly after the exe ution ther of hall hav r i eel the on ent of the ational In lu trial Reco ry Board.' Export Trad -to be a ld d a new Articl XI, the uc dino rti l e t b e r numb r c1 a cordin l : ' o pro i ion of thi up I 1 m ntary o 1 r latino t pri or t rm of ellina hippina or mark tina hall ar ply t e p rt tra 1 or al or hipm nt for exp rt tra 1 . Export Trade ' hall b a cl fin d in the Export Trade ct a a opt 1 I ril 10, 191 . Appro Y d od "'"o. -!Hl\.m ndm nt N . 2. gi try . 1151-03. (4) 0

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Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/amendmenttosupp10296unit

PAGE 8

UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II llll llllll 11111111111111111 3 1262 08583 0296