Citation
Amendment to code of fair competition for the industrial safety equipment industry and industrial safety equipment trade as approved on February 21, 1935

Material Information

Title:
Amendment to code of fair competition for the industrial safety equipment industry and industrial safety equipment trade as approved on February 21, 1935
Portion of title:
Industrial safety equipment industry and industrial safety equipment trade
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:
Industrial safety equipment 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. 1399-24."
General Note:
"Approved Code No. 315--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:
004931457 ( ALEPH )
646173335 ( OCLC )

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Full Text





NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETTIION
FOR THE

INDUSTRIAL SAFETY EQUIPMENT

INDUSTRY AND INDUSTRIAL SAFETY

EQUIPMENT TRADE


AS APPROVED ON FEBRUARY 21, 1935


r- U V. -L -


-7C



UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


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


Approved Code No. 315-Amendment No. 2


Registry No. 1399-24






















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

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle. Wash.: 809 Federal Office Building.












Approved Code No. 315-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

INDUSTRIAL SAFETY EQUIPMENT INDUSTRY
AND INDUSTRIAL SAFETY EQUIPMENT TRADE

As Approved on February 21, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE IN-
DUSTRIAL SAFETY EQUIPMENT INDUSTRY AND INDU-'I:,IAL SAFETY
EQUIPMENT TRADE
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 the approval of an amend-
ment to a Code of Fair Competition for the Industrial Safety Equip-
ment Industry and Industrial Safety Equipment Trlad. and oppor-
tunity to be heard having been noticed to all interested parties, and
the annexed report on said amendment, containing finding& with re-
spect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recuvery Board, pur-nlint to au-
thority 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 amendment and the Code as constituted 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 amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
a mended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended
BARTON W. MURRAY,
D; i." 'ion, Administrator.
WASHINGTON, D. C.,
February 21, 1935.
1172210-1603-20---35 (1)








REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on an Amendment to the Code of Fair Compe-
tition for the Industrial Safety Equipment Industry and Industrial
Safety Equipment, Trade. In accordance with the requirements of
the National Recovery Administration, due opportunity to be heard
was afforded to all interested persons, and all objections received were
given due consi1derat ion.
This Aiiuendiiitnt is designed to effectuate an open price policy.

FINDINGS
The Assistant Deputy Administrator in his final report on said
Amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter;
The National Industrial Recovery Board finds that:
(a) The Aendmdent to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of ob-
structions 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 organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, 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 prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Amendment on behalf of the Industry as a whole.
(d) The Ain ndiment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The Amendment and the Code as amended are designed to
and will not eliminate or oppress small enterprises and will not
operate to discrimiiinate against them.
(f) Those engaged in other steps of the economic process have
not been deptrived of the right to be heard prior to approval of said
Amend men't.
For these reasons, therefore, the Board has approved this Amend-
ment.
For the National Industrial Rec-ccv'ry Boaird:
W. A. HARRIMAN,
A1 Fi:.I.LtAinY 21, 1935.







AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY
AND INDUSTRIAL SAFETY EQUIPMENT TRADE
Amend Article VII by deleting Section 6 (g) and substituting in
lieu thereof, the following:
(g) Open Price Policy.-(1) When any group man:lufacturilng
and/or selling specified produict- of this Industry and/or Trade
decide by majority vote of such group, that it is dehiralble to adhere
to a policy of published prices for each individual member of the
group, it shall be mandatory for each member of the group to adhere
to this policy and each member of the product group shall file with
a confidential and disinterested agent of the Code Authority or, if
none, then with such an agent designated by the National Indlustrial
Recovery Board, identified lists of all of his prices, discounts, re-
bates, allowances, and all other terms or conditions of sale, herein-
after in this Subsection referred to as price terms", which lists
shall completely and accurately conform to and represent. the indi-
vidual pricing practices of said mIlelber. Such lists shall contain
the price terms for all such standard products of the product group
as are sold or offered for sale by said member and for such of said
member's non-standard products of said product group as shall be
designated by the Code Authority. Said price terms shall in the
first instance be filed within ten days after the date established by
the product group as the effective date for such first prict filing.
Price terms and revised price terms shall 1 ':'nime effective immedi-
ately upon receipt thereof by said agent. Immediately upon receipt
thereof, said agent shall by telegraph or other equally prompt means
notify said Imenilber of the time of such receipt. Such lists and revi-
sions, together with the effective time thereof, shall upon receipt be
immediately and simultane(utLly distributed to all members of the
product group and to all of their cu-tomers who have applied there-
for and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof and be
available for inspection by any of their customers at the office of
such agent. Said lists or revisions or any part thereof shall not be
made available to any peoron until released to all members of the
product group and their customers, as aforesaid; provided, that
prices filed in the first instance lshall not be released until the expira-
tion of the aforesaid ten day period after the date established by the
product group as the effective date for such first price filing. The
Code Authority shall maintain a permanent file of all price terms
filed as herein provided, and shall not destroy any part of such
record- except upon written consent of the National Indll-trial Re-
covery Board. Upon reqi'wit the Code Authority shall furnish to
the National Industrial Reco\vry Board or any duly designated
agent. of said Board copies of any such lists or revisions of price
terms.
(2) When any memlllber of the product group has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
(3) No member of the product group shall sell or offer to sell any
products of the product group, for which price terms have been filed
(3)






4

pursuant to the provisions of this Subsection, except in accordance
with such price terms.
(4) No member of the product group shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the product
group to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Sublj.ction to create.
Approved Code No. 315--Amendment No. 2.
Registry No. 1399-24.

0












































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in 2011 with funding from
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3 1262 08582 8977




Full Text

PAGE 1

V Approved Code o. 315-Arnendment o. 2 Registry o. 1399-24 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO OF FAIR COMPETITION FOR THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY AND INDUSTRIAL SAFETY EQUIPMENT TRADE ' AS APPROVED ON FEBRUARY 21, 1935 WE DO OUR PA.RI' I UNITED ST ATES GOVER IME T PRI TTING OFFICE WASHrnGTO : 1935 For sale by the Superintendent of Documents, Washinglon. D. C. - • Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of D ocuments, Government Printing Washington, D. C., and by d ist1ict offices of the Bureau of Foreign and Domestic Comm e rce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Bnilding. Birmingham, Ala. : 257 Federal Building . Boston, Mass. : 18 0 1 Customhouse. Buffalo, N. Y.: Chamber of Commerce Building. Charleston, S. C . : Chambe r of Commerce Building. Chicago, Ill.: Suite 1706, 201 N orth Wells Street. Clev e l and, Ohio : Chamber of Commerce. D allas, Tex. : Chamber of Commerce Building. D etroit, Mich.: 801 First National Bank Building. H o u s t o n, Tex. : Chamber of Commerce Building. Indiana polis, Ind. : Chamber of Commerc e Building. Jackso n v ille, Fla.: Chamber of Commerce Building. Kansa s City, l\Io.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minnea polis, Minn. : 213 Federal Building. New Orleans, La.: Ro o m 225-.A, Customhouse. New York, N. Y.: 734 Customhouse. Norfo lk, Va.: 406 East Plume Street. Philadel phia, P a. : 422 Commercial Trus t Building. Pittsburg h, Pa. : Chambe r of Commerce Building. Portland, Or eg. : 215 New Pos t Office Building. St. Louis, Mo.: 5 06 Oli ve Street. San Francisco, Calif. : 310 Customhouse. Se::.i.ttle. Wash.: 809 F e deral Office Building.

PAGE 3

Approved Code No. 315-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY. AND INDUSTRIAL SAFETY EQUIPMENT TRADE As Approved on February 21, 1935 ORDER APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE IND TRIAL SAFETY EQ IPMENT INDU TRY AND L:rDu TRIAL SAFETY EQUIPMENT TRADE An application having been duly made pur uant to and in full ompliance with the provisions of Title I of the National Industrial Reco very Act, appro,ed June 16, 1933, for the appro-val of an amendment to a Code of Fair Competition for the Industrial afety Equipment Indu try and Indu trial Safety Equipment Trade and opportunity to be heard having been noticed to all intere ted partie and the annexed report on said amendment containinff finding with re-pect thereto, having been made and directed to the Pre ident: NOW, THEREFORE, on behalf of the Pre ident of the nited States, the National Indu trial Recovery Board pur uant to authority vested in it by Executive Orde r s of the Pre ident including Executive Order o. 6 59, dated September 27, 1934, and otherwi e; doe hereby incorporate, by reference, ail annexed report and does find that aid amendment and the Code a con tituted after being amended comply in all re pects with the pertinent pro-vi ions and will promote the policy and purpo e of aid Title of aid Act, and does hereby order that said amendment b e and it i hereby approved, and that the previous approval of aid Code i hereby amended to include an approval of said Code in it entirety as amended. ATIONAL I :rDuSTRIAL RECOVERY Bo.ARD By W. A. HARRI:oIA, Administ1ati e Officer. Approval rec01nmended BARTON w. f URRAY Di ision Ad1ninistrator. WA HINGTOK, D. c., F e b ruaTy ~1, 1.935. 117221 -1603-20-35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White Hous e . Srn: Thi is a report on an Amendment to the Code of Fair Competition for the Industrial Safety Equipment Industry and Industrial Safety Equipment Trade. In accordance with the requirements of the National Recovery Administration, due opportunity to be heard was afforded to all intere ted per ons, and all objections received were given due con ideration. This Amendment is designed to effectuate an open price policy. FINDINGS The A sistant Deputy Admini trator in his final report on said Amendment to said Code having found as herein set forth and on the basi of all the proceedings in this matter ; The National Industrial Recover} Board finds that: (a) The Amendment to said Code and the Code as amended are well designed to promote the policies and purpo es of Title I of the National Industrial Recovery Act, including the removal of obstruction to the free flow of inter tate and foreign commerce 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 of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fulle t possible utilization of the present productive capacity of industries, by avoiding undue re triction 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 other wise rehabilitating indu try. (b) The Code as amended complies in all respect with the pertinent provi ion s of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and subect i on (b) of Section 10 thereof. ( c) The Code empowers the Code Authority to pre ent the aforesaid Amendment on behalf of the Industry as a whole. ( d) The Amendment and the Code as amended are not de igned to and will not permit monopolies or monopolistic practice . ( e) The Amendment and the Code as amended are de s i ned to and wi ll not liminate or oppress small enterpri e and will not op rat to di criminate again t them. ( f) Tho e engaged in other tep of the conomic proce have not been 1 pri ed of the right to be heard prior to approval of aid Amencln nt. For th se r a n , th refore, th Boar 1 has approv d this Amendm nt. F r th ati nal In u trial R covery Board : FEBR ARY 21, 1935. (2) w. A. H RRil\IA.l ' Adm,inistrative Officer.

PAGE 5

ODE OF FAIR CO~fPETITIO FETY EQUIPi1ENT IND FETY EQUIP1IEXT TRADE FOR TRY mend Article VII by deleting Section 6 (g) and substituting in lieu thereof, the following: (g) Op en P rice Policy.-(1) When any group manufacturing and/or selling specified products of this Industry and/ or Trade decide by majority vote of such group, that it i s desirable to adhere to a poli cy of published prices for each indindual member of the group, it shall be mandatory for each member of the group to adhere to this policy and each member of the product group shall file with a confidential and disinterested agent of the Code Authority or, if none, the n with such an agent designated by the :N" ational Industrial Reco-very Board, identified lists of all of his prices, discounts, re bates, allowances, and all other terms or conditions of sa le, hereinafter in this Subsection referred to as "price terms", which lists shall completely and a ccurately conform to and represent the individual pricing practices of said member. Such lists shall contain the price terms for all suc h standard products of the product group as are sold or offered for sale bv said member and for such of said member's non-standard product's of said product group as shall be designated by the Code Authority. Said price terms shall in the first instance be filed within ten days after the date established by the product group as the effecti-ve date for s u ch first price filing. Price terms and revised price t erms shall become effective immedi ately upon receipt thereof by said agent. Immediately upon receipt thereof, said agent shall b y telegraph or other equally prompt means notify said member of the time of suc h receipt. Such lists and revi sions, together with the effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the product group and to all of their customers who have applied therefor and have offered to defray the cost actually incurred by the ode Authority in the preparation and distribution thereof and be available for ins pection by any of their customers at the office of uch agent. Said lists or revisions or any part thereof shall not be n1ade a,ailable to any person until relea sed to all members of the product group and their customers, as aforesaid; provided, that prices filed in the first instance shall not be released until the expiration of the aforesaid ten day p eriod after the elate established by the product group as the effective date for such first price filing. The ode Authority shall maintain a permanent file of all price term filed as herein provided, and shall not destroy any part of such records except upon written consent of the X ational Industrial Re covery Board. Upon requ est the Code Authority shall furnish to the National Industrial Recovery Board or any duly designated agent of said Board copies of any such lists or re';'"isions of price terms. (2) ,V-hen any member of the product group has filed any revision, such member shall not file a highe r price within forty-eight ( 48) hours. (3) Ko member of the product group shall sell or offer to sell any products of the product group, for which price terms have been filed (3)

PAGE 6

4 pursuant to the provi ion s of this Subsection, except in accordance with uch price terms. ( 4) o member of the product group shall enter into any agreement under tan ling, combination or conspiracy to fix or maintain price terms, nor cau e or attempt to cause any member of the product group to change his price term by the use of intimidation, coercion, or any other influence inconsi tent with the 1naint enance of the free and open market which it is the purpo e of this Sub ection to create. Appro,ed Code No . 315--Amendment No. 2. Registry o. 139~24. 0

PAGE 7

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PAGE 8

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