V 

Approved Code o. 315-Arnendment o. 2 Registry o. 1399-24 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

COD ◄ 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 
This publication is for sale by the Superintendent of Documents, Government 

Printing OfficP , Washington, D. C., and by dist1ict offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Bnilding. 

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, l\Io.: 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. 

Se::.i.ttle. Wash.: 809 F ederal 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 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 

Recovery 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 repect 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 Orders 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 be 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- , Administ1·ati e Officer. 

Approval rec01nmended 

BARTON w. f URRAY 

Di ision Ad1ninistrator. 

WA HINGTOK, D. c., 

F ebruaTy ~1, 1.935. 

117221 °-1603-20-35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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 otherwise rehabilitating indu try. 

(b) The Code as amended complies in all respect with the pertinent provi ions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub- ection (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 desi ·ned to 

and will 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. 
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) Open Price 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 is desirable to adhere 

to a policy 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, then with such an agent designated by the :N" ational Industrial 

Reco-very Board, identified lists of all of his prices, discounts, rebates, allowances, and all other terms or conditions of sale, hereinafter in this Subsection referred to as "price terms", which lists 

shall completely and accurately conform to and represent the individual pricing practices of said member. Such lists shall contain 

the price terms for all such 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 such first price filing. 

Price terms and revised price terms shall become effective immediately upon receipt thereof by said agent. Immediately upon receipt 

thereof, said agent shall by telegraph or other equally prompt means 

notify said member of the time of such receipt. Such lists and revisions, 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 inspection 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 released 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 period 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 Recovery Board. Upon request 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 higher 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) 
4 

pursuant to the provi ions· 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 1naintenance 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 
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/amendmenttocodeo8977unit 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII Ill 1111111111111111111 

3 1262 08582 8977