Registry No. 1137-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPErITION 

FOR THE 

BUSINESS FURNITURE, STORAGE 

EQUIPMENT, AND FILING SUPPLY 

INDUSTRY 

AS APPROVED ON· NOVEMBER 4, 1933 

BY 

u.i. 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

ransrnittal 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

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

Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign 

and Domestic Oommerce. 

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 Oommerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich. : 2213 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. 

M mphis, 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. : 933 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 Cu tomhouse. 

Seattle, Wash.: 809 Federal Building. 

(II) 
EXECUTIVE ORDER 

CoDE OF FAIR COMPETITION FOR THE B-csINEss FunNITURE, STORAGE 

EQUIPMENT, AND FILING SUPPLY 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 my approval of a Code 

of Fair Competition for the Business Furniture, Storage Equipment, 

and Filing Supply Industry, and hearings having been held thereon 

and the Administrator having rendered his report containing an 

analysis of the said code of fair competition together with his recommendations and findings with respect thereto, and the Administrator having found that the code of fair competition complies 

in all respects with the pertinent provisions of title I of said act 

and that the requirements of clauses (1) and (2) of subsection (a) 

of section 3 of the said act have been met: 

NOvV, THEFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do approve the report and recommendations and aaopt 

the findings of the Administrator and do order that the said code 

of fair competition be, and it is hereby, approved. 

THE vV HITE HousE, 

November 4, 1933. 

Approval recommended: 

HUGH S. JOHNSON, 

Administrator. 

FRANKLIN D. ROOSEVELT. 

(ill) 
NOVEMBER 2, 1933. 

THE PRESIDE T 

T he White H ouse. 

IR: A proposed Federated Code of Fair Competition for the 

Bu ines Furniture toraO'e Equipment and Filing Supply Industry 

wa ubmitted to the Administrator on August 14 1933, b 9% of 

the known members of the Industry. The hearing was conducted 

in ,v a hington on September 21, 1933, and the Code was revised 

during the rece s of this hearing and is ubmitted in its present form 

for approval. Every person who reque ted an appearance was properly heard in accordance with statutory and regulatory requirements. 

The Industry's sales closely reflect any fluctuation in general business condition . Its volume, therefore, in the past four year hows 

a drop of 75 % with an attendant drop of only 53% in number of 

employees. The majority of the Industry immediately sicrned the 

President's Reemployment Agreement, with substitutions granted 

by the P.R.A. Policy Board, resulting in a net increase in employment, as shown by the report of the Research and Planning 

Department of approximately 231⁄2% over the a erage number of 

wage earners employed in the first half of the year 1933. The reemployment of labor, with attendant increases in yearly pay roll 

will be further accelerated by increase in the volume of bu ine s of 

the I ndu try, and has been materially increased since the date of 

the .figure submitted to the Research and Planning D partment. 

RESUME OF CODE 

Article I . ta te the purpose of the Co le. 

Article II a ·curately define pecific refer ences ma de in th Code. 

Article III e tablishe a Nation al Emergency Committ e onsisting of one r present ativ of each divi ion of the Indu tr el cted by 

the various division , with a lditional (not exceeding three) r epres ntatives to be appointed by th Pre ic.lent. 

Article I p rovid s ma hin ry for obt aining tati tics. 

rticle V VI and VII set fo rth the mandatory labor provi ions, 

minjmum aO'e requirement maximum hour , and minimum wao-e 

r at . Th maximum h urs are limited to 40 p r w ek for factor. 

and office mploy e , : I t that in any ix week:i of any ix month 

p riotl such employ e hall be p rmitted to work 4 hour . The 

minimum wacr rat var:ing fr m 15.00 to $14.00 for offi c and 

·, laried m1 loyee ( x pt out. i l sale m n) , i ba ed on population 

cliff r ntial . For fa tory empl yees th minimum rate i 40~ per 

hour for male an l female em11 y x I t in one divi ion wh re 

th minimum rate f r f male emplo e i 3. ¢ per h our . 

.An over ime rate is provided for mploy e under c rtain p •rifi l 

conditions. 

(IV) 
V 

Learners without previous experience may not constitute more 

than 5% 0£ the total number 0£ employees and their wages shall not 

be less than 80% 0£ the specified minimums. The same provisions 

apply to disabled or infirm employees. Higher paid employees are 

protected by an equitable readjustment clause. 

Article VIII provides £or planning and development by the 

Industry. 

Article IX and Exhibit C (Divisional Supplemental Codes) set 

forth the Fair Trade Practices for the Industry. 

Article X sets forth the procedure to be :followed in the event 

0£ a violation o:f the Code. 

Articles XI, XII, and XIII contain the mandatory provision 

respecting amendments, and provide :for the submission o:f proposed 

amendments by members of the Industry as well as submission of 

further supplemental divisional Codes. 

Article XIV recommends limitation of price increases. 

Article XV states the effective date. 

FINDINGS 

The Administrator finds: A. This Code complies in all resped.s 

with the pertinent phrases 0£ Title I of the Act, including without 

limitation, subsection A 0£ Section 7, and subsection B of Section 10 

thereof; B. The Committee which proposes the Code is truly representative 0£ the Business Furniture, Storage Equipment, and Filing 

Supply Industry, and the By-laws 0£ the Associations representating 

the divisions thereof provide no inequitable restrictions to membership ; C. The Code is not designed to promote monopolies or to 

eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policy of 

Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

Huon S. JonNsoN, 

A<hninistrcnto-r. 

CODE OF FAIR COMPETITION FOR THE BUSINESS FURNITURE, STORAGE EQUIPMENT, AND FILING SUPPLY 

INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are submitted as a Code of 

Fair Competition for the Business Furniture, Storage Equipment, 

and Filing Supply Industry, and upon approval by the President 

shall be the standard of fair competition for such industry and shall 

be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

Wherever used in this code and/or its divisional supplemental 

codes, the following definitions shall apply: . 

The terms "President" "Act" and "Administrator" shall mean 

respectively the President ' of the United ' States, the National Industrial Recovery Act, and the Administrator of said Act. 

The term " Industry " means and includes the business of producing and selling in the United States any or all industry products. 

The terms "Member" and/or "Member· of the Industry" means 

and includes any person, firm, association, or corporation engaged in 

the business of the Industry as defined herein. 

The term " Employee " means and includes anyone engaged in 

the industry in any capacity receiving compensation for his 

senrices, irrespective of the nature or method of payment of such 

compensation. 

The term " Employer " means and includes anyone by whom any 

sMch employee is compensated or employed. 

The term "Apprentice" means a person, usually a minor, who 

agrees to serve an employer for a certain stated period of time at 

predetermined wages for the period in order to learn the trade. 

The term "Learner" means an employee without previous mechanical experience engaged to become competent on one or more 

machine operations but who shall not be so classified after ninety 

days' experience. 

The term "Industry Products" means and includes all products 

as hereinafter enumerated and defined under "Divisions", and such 

other products as may be enumerated and defined in divisional supplemental codes which are or may be attached to and made a part 

o:f this code as provided in Art. XII hereof. 

The term " Divisions " means and includes the several parts of the 

Industry which are ( or may be) established, and are ( or may be) 

defined in the divisional supplemental codes. 

19506"-188-156-33 (1) 
2 

The Di i ion her by establi h d are as follows: 

Steel Office Furniture Division: 

Vertical filing cabinet . Horizontal section and half-sections, and bookcases. 

Hi-line and book-shelf units. 

Card index ca es. 

Transfer units. 

De ks. 

Tables. 

Storag cabinet and wardrobes. teel Shelving Division: 

Industrial and general-purpose steel sbelvlng, mi cellaneous fitting , attachments, and ace ssories. Steel Locker Division: 

Box Lockers. 

Single-tier Lockers. 

Double-tier Lockers. 

Two-person and Compartment Lockers. 

Miscellaneous Fittings as used in schools, clubs, gymoa iums, commercial and industrial establi hments. Visible Filing Equipment Divi ion : 

Cabinets, panels, pockets, cards, and other inserts, signalling and other 

devices for visible filing. 

ARTICLE III-ADMINISTRATION 

The Industry shall, with the approval of the President, establish 

and empower a suitable agency herein referred to as the ational 

Emergency Committee, to as ist the Administrator in admini tering 

the provisions of the Act as set forth in this code. This Committee 

shall consist of one representative of each Division of the Indu try 

to be elected by the members of such Di vision, each member having 

one vote. The Government may be represented on said Committee 

by - ( from one to three) members, without vote, to be appointed 

by the President. Such governmental repre entatives will be appointed for terms of from six months to one year. In case more 

than one such representative is appointed, the term of appointment 

will be so arranged that they do not expire at the same ime. 

Each trade or industrial association directly or indirectly participating in the election or activities of the National Emergency Committee shall: (1) Impose no inequitable' restrictions on member hip 

an l (2) submit to the Administrator two copies of its articl of 

association, bylaws, regulations and any amendments when made 

thereto, together with such other information as to member hip, 

organization, and activities a the Administrator may deem nece ary 

to effectuate the purposes of the Act. 

In order that the ational Emerg ncy Committee or Divi ional 

Code ommittoos shall at all times be truly repre entative of the 

indusiry and in other respect comply with the provision of th A t, 

th Admini trator may provide uch hearings as he may deem proper; 

and ther after if he ·hall find that any such Committ e i not truly 

repre entative or doe not in other respects omply with th prov1-

.ions of the Act, may require an apr ropriate modification in the 

ru thod of sele tion of any such Committee. 

ubject to the approval of the Administrator th Committee may 

approve the establishment of additional Divisions; hall leleo-ate 

to all Divi 'ions all ne es ary power and authority for the admini tra-
3 

tion of this code within ·the Divisions; but shall reserve and retain 

the power and duty to enforce the provisions of this code. 

Subject to the approval of the Administrator, this Committee shall 

issue and enforce such rules, regulations, and interpretations, offer 

such amendments hereto, and designate such agents and delegate 

such authority to them as may be necessary to effectuate the purposes and to enforce the provisions of this code. 

Any action taken by the National Emergency Committee, or by 

nny divisional code committee, or by any divisional planning and 

classification board may be reviewed by the Administrator, at his 

option, and modified or disapproved. 

ARTICLE IV-CODE REPORTS AND FEES 

:Members shall make periodically to the National Emergency Committee, through their respective Divisions, such reports on wages, 

hours of labor, conditions of employment, number of employees, production, shipments, sales, stocks, prices, and other data pertinent to 

the purposes of this code as may be required by the Administrator or 

the National Emergency Committee in assisting the Administrator 

in administering the provisions of the Act. 

In addition to the information required to be submitted to the 

National Emergency Committee, there shall be furnished to Government agencies such statistical information as the Administrator may 

deem necessary for the purposes recited in Section 3A of the Act. 

Except as otherwise provided in the Act, all statistical data filed 

with the National Emergency Committee in accordanee with the 

provisions of this Artcle shall be confidential and the data of one 

member shall not be revealed to any other.member, except that for 

the purpose of administering or enforcing the provisions of this 

code, the said Committee and the Administrator, by their duly 

authorized representatives, shall have access to any and all statistical 

data that may be furnished in accordnce with the provisions _of this 

code. 

i1embers shall be entitled to par6cipate in and share the benefits o:f 

the activities of the National Emergency Committee and to participate in the selection of the members thereof by assenting to and 

complying with the requirements of this code and sustaining their 

reasonable share of the expenses of its administration, and by permitting, for the purposes of the code, inspection of pertinent records 

by an ~mpartial agency, to_ b_e approved by the National Emergency 

Committee and the Adm1n1strator. The reasonable share of the 

expenses of administration shall be determined by the National 

Emergency Committee on such basis as may be deemed equitable. 

ARTICLE V-LABOR ·PROVISIONS 

(a) Employes shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or in 

self-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual a.id or protection. 

19306°-1ss-156-33-2 
4 

(b) o employee and no one seeking mployment shall be r quired 

n a con lition of employm nt to jom any company union or to 

refrain from joinino-, organizing or a isting a labor or anizn.tion of 

his own choosing. 

( c) Employ rs shall comply with the maximum hour of labor 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the Pre ident. 

ARTICLE VI-HOURS OF LABOR AND MINIM M ,v AGES 

The maximum hours of labor of employee of members, and the 

minimum wages which shall be paid by members shall b as shown in 

the attached Exhibit A, which is specifically made a part of this code. 

ARTICLE VII-CHILD LABOR 

No person under 16 years of age shall be employed in the Industry 

nor anyone under 18 years of age a.t operations or occupation hazardous in nature or detrimental to health. The National Emergency 

Committee shall submit to the Administrator for approval a list of 

such hazardous occupations, within 60 days after the effective date of 

this code. 

An employer shall be deemed to have complied with this provision, if he shall have on file a certificate duly issued by the authority 

empowered to issue employment certificates under the state law 

showing that the minor is of the required age. 

ARTICLE VIII-PLANNING AND DEVELOPMENT 

In order that economies in manufacture and distribution, standardization, and simplification of industry products, and more efficient 

methods or conducting the business of the Industry may be developed, the National Emergency Committee shall cause to be established in each Division a Planning and Classification Board, which 

shall from time to time make studies and recommendations to their 

respective Divisions on any phase of the business of the Industry, 

including stabilization and regularization of employment, included 

in said Division. If approved by said Division and referred to the 

National Emergency Commitwe, the Committee shall make, modify, 

or rescind rules and regulations, as may be necessary and proper to 

effectuate the purposes of such recommendations. 

Nothing herein contained shall be applied to restrict development 

or advancement of the Industry, or to prevent any member fron1 

manufacturing any industry product, or perfecting developments, 

or making changes or additions. 

AnTicLE Ix-· u NF Arn PRACTicEs 

For all purposes of this code the practices described in Exhibit B 

hereto annexed, and all other practices which shall be declared to be 

unfair practices by any amendment to this code, duly approved by 

the President, are hereby declared to be unfair methods of competition in commerce, and knowingly using or employing any of them 

by any member of the Industry directly or indirectly through any 
5 

o:fficer7 employee, agent, or representative shall be deemed to be a 

violat10n of this code. 

ARTICLE X-V IOLATION 

Any violation by any member of any provision of this code, or of 

any provision of any divisional supplemental code to which he is 

subjec!i shall constitute a violation of the code by such member. 

The ottender shall be subject to the penalties imposed by the Act. 

A procedure for investigation of violations shall be adopted by 

each Division, subject to the approval of the National Emergency 

Committee. 

ARTICLE ·xI-CANCELLATION OR J\1oDIFICATIO~ 

This code and all the provisiqns thereof are expressly made subject 

to the right of the President, in accordance with the provisions of 

subsection (b) of Section 10 of the National Industrial Recovery 

Act, from time to time to cancel or modify any order, approval_, 

license, rule, or regulation issued under Title I of said Act; and 

specifically, but without limitation, to the right of the President to 

cancel or modify his approval of this code or any conditions imposed 

by him upon lus approval thereof. 

This code is intended to be a basic code and study of the trade 

practices of the Industry will be continued by the National Emergency Committee with the duty of submitting from time to time 

recommendations to the Administrator respecting amendments, revisions, and/or supplementary provisions to this code, which, upon 

his approval after such hearing as he may prescribe, shall become 

a part of this basic code, and shall have full force and eff eot as 

provisions hereof. 

Such recommendations shall first be approved by the members of 

the Division affected thereby, and, if so approved, must be submitted 

to the Administrator. 

ARTICLE XII-SuPPLEJ.\,IENTARY ConEs 

. Supplemental code provisions affecting or pertaining to Divisions 

of the Industry are contained in Exhibit C attached hereto, which is 

specifically made a part of this code. Additional supplements affecting or pertaining to Divisions may be filed with the Committee and 

if not inconsistent with the provisions of this code may be recommended by it to the Administrator. When approved b_y the Administrator such supplements shall have the same force and effect as any 

other provisions of the code. 

ARTICLE XIII-MONOPOLIES 

(a) This code is not designed to promote monopolies and shall not 

be availed of for that purpose. 

(b) The provisions of this code shall not be so interpreted or 

administered as to eliminate or oppress small enterprises or to 

discriminate against them. 
6 

ARTI LE XIV-PRICE INCREASES 

Whereas the policy of the Act to increa e real purchasing power 

will be made impo sible of con ummation if prices of goods and 

~ervices increase as rapidly as wages, it is r cognized that price 

increases should be delayed and that, when made, the same should, 

so far as reasonably po sible, be limited to actual increases in the 

seller's costs. 

ARTICLE XV-EFFEarIVE DATE 

This code and amendments thereto shall be in effect beginning ten 

days after their approval by the President. 
. \ 

EXHIBIT A 

SECTION 1. On and after the effective date, the minimum wages of all employes 

( except as hereinafter provided) of any member shall be at the following 

hourly rates: 

To male factory employes, 40 cents. 

To female factory employes, 40 cents for Steel Office Furniture, Steel Shelving, 

and Steel Locker Divisions; 35¢ for Visible lfiling Equipment Division. 

The above minimum wages are not to be considered as a discrimination by 

reason of sex. Where women clo substantially the same work or perform 

substantially the same duties as men, they shall receive the same wages as 

the men who do such work or perform such duties; and when they displace 

men they shall receive the same wages as the men they displace. 

Nothing in this Section shall apply to or affect any employe apprenticed 

to any employer by an indenture made in pursuance of the laws of any state 

of the United States, or by a written contract under any apprentice system 

established and maintained by any employer, provided such agreements are, 

and each additional agreement as made is, filed with the National Emergency 

Committee, and provided that this exception shall apply to such employes 

only during the period that they are receiving less than the minimum rate. 

Learners ( other than apprentices) may be paid not less than 80 percent of 

the minimum wage paid for the same class of work they may be learning, 

up to the point where the net amount received by a learner would be in excess 

of 40 cents per hour, and provided that the total number of learners who shall 

receive less than the minimum wage shall at no time exceed more than five 

percent of the total number employed by such employer. 

Nothing in this Section shall apply to any employe who by reason of a 

disability and/or infirmity is competent only for light employment; provided, 

that the wages paid to such employes shall not be less than 80 percent of the 

minimum rates of pay specified in this code; provided further, that the total 

number of such employes shall not constitute more than five percent of the 

total number of factory employes subject to the provisions of this code in 

any one plant; and provided, that a list of such employes shall be filed with 

the National Emergency Committee. · The wage differentials for all operations being paid more than the minimum 

shall be equitably readjusted by all employers who have not made such adjustments since June 15, 1933, and in no case shall they be decreased. Each 

member of the industry shall report all such readjustments to the National 

Emergency Committee within 30 days of the effective date of the code. 

SEc. 2. It is agreed that Section 1 establishes a guaranteed minimum rate of 

pay for employes compensated on a piecework or any other basis. 

SEJC. 3. Factory employ es ( excluding service employes engaged in outside 

work away from the manufacturing plant, department foremen, repair crews, 

firemen, engineers, and watchmen) may work not more than 40 hours in any 

one week, nor more than eight hours in any one day; except that to meet peak 

demands such employes may work not more than 48 hours in any one week 

and not more than 10 hours in any one day for not more than ix weeks in any 

six months' period. An employe working on Sundays and legal holidays or 

t~yond nine consecutive hours per day, plus an interval of not more than one 

hour, shall be paid not less than one and one half times his normal rate. 

The maximum hours fixed in this section shall not apply to any employe on 

emergency maintenance or emergency repair work involnng break-downs or 

protection of life or property, but in any such special case at least one and one 

half times bis normal rate shall be paid for hours worked in excess of the 

maximum hours herein provided. 

Firemen and eno-ineers are to have 10 percent tolerance above the maximum 

hours herein specified. 

Watchmen may work 84 hours in two -weeks on alternate shifts of 36 and 48 

hours per week. 

(7) 
8 

S100. 4. flke and n larl d employ ( ex pt out ·i l alef-m n and thos 

empl YNl in a manng rial r e ·ec·utiv capa ily and arning mor than $35.00 

R w k) eoYer d her by may work n t mor than 40 hour in any on WI' k, 

xcept tbut to me l p ak demaud ucb mvloy · may ,vork n t mor than 

4 h ur in any one , k for not more than ix w ks in any six mouth ' 

period. 

Th minimum wage f offic and alaried empl y overed h r b) .·ball not 

be 1 ~ than the foll wing weekly rate : 

In itie having 500,000 populati n r over, or in the imm dint trade ar a 

of su h city, at th rate of $15.00 p r we k. 

In citi having le than 500.0CO and more than 250,000 population, or in the 

immediate trade ar a of uch city, at th rate of $14.50 per w k. 

In cities havino- le than 250,000 population, or in the immetli, te trade area 

of such city, at the rate of $14.00 per week. 

Sro. 5. ithin each state thi code shall not supersede any law of u ch state 

1mposing more stringent requirements as to maximum hours of labor or minlmum wages than are imposed under the provisions of this code. 

/ 
EXHIBIT B 

LIST OF UNFAIR PRACTICES \ 

A. REBA.TES 

(a) The secret payment or allowance to purchasers of iudustry products, 

of rebates, commissions, bonuses, refunds, credits, unearned discount, or subsidies of any kind, whether in the form of money, ser-dces, or otherwise, or 

the giving of premiums, or extending to certain purchasers special service or 

privileges not extended to all purchasers under like terms and conditions. (b) The enticing or attempting to entice away the agents or dealers of any 

competing member of the Industry by offering goods on consignment, accepting 

long-term notes in payment for goods, postdating invoices, or offering ·special 

discounts on carload lots. · 

B. BRIBERY 

Directly or indirectly to giYe or permit to be given or offer to give money or 

anything of value to agents, employes, or representatives of customers or 

prospective customers, or to agents, employes, or representatives of competitors' 

customers or prospective customers, as an inducement to influence their 

employers or principals to purchase or contract to purchase industry products 

from the maker of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors, or to 

allow to salesmen or other employes or agents expense money for any other 

purpose than legitimate expenses of tra,el and subsistence, or to permit any 

funds to be disbursed in any unlawful way to influence business. 

C. BREACH OF CO.XTRA.CT 

Any wilful attempt to induce a breach of any existing bona fide contract or 

order for a definite amount of industry product or to prevent the performance 

of any contractual duty or service under any bona fide contract or order for 

the sale of industry products. 

D. ENTICEMENT OF EMPLOYES 

The enticement of an employe of a competitor from his employment with 

the purpose or effect of injuring or embarrassing such competitor in his business. Nothing herein shall prevent any employe from offe1ing his services 

to a competitor, nor prevent any member from employing an employe of another 

member where the initiative in such change of employment comes from the 

~~eya . 

E. MISREPRESENTATION 

(a) The making, causing or permitting to be made or published, of any 

false, untrue, or deceptive -statement by way of advertisement or otherwise; or 

(b) The marking or branding of products for the purpose or with the effect 

of misleading or deceiving purchasers; or 

( c) The sale or offering for sale of any product with the intent to deceive, or 

the effect of deceiving, the purchaser ; 

by false or misleading statements, or by concealment of the facts concerning 

grade, quality, character, nature, origin, manufacture, or performance of any 

item of industry products. 

(9) 
10 

F. DEFAM TIO OF COMPETITOR 

Th defamation of a c mp titor by word or act which di pa.rage his business 

int grity, bi ability to perform bi contra t , his credit standing, or the grade, 

Quality, or r liability of bi good . 

G. GUXR.AN'Ifil!l AGAI T DEOLINE 

The ale or offering for sale of any industry products under any form of 

guarantee to tbe purcha er or propo ed purcha er again t either an advance or 

d cline in the pric of uch indu try product . 

H. FALSEl RECORD 

(a) Withholding from or inserting in an invoice or contract statements which 

make the invoice or contract a fal e r cord, wholly or in part, of the transaction 

repre ented on tbe face thereof. 

(b) Postdating any contract or invoice, or predating any contract or invoice 

except to conform to a bona fide agreement for the purchase or sale of industry 

products on the predate. 

I. CONCEALED BIDOING 

The inclusion of prices, discounts, or terms on any items of industry product 

with prices, discounts, or terms of any other product or products, or any means 

used to quote or contract to sell any industry products in any manner which 

prevents any interested person from obtaining accurate information as to the 

actual prices charged for such industry products separately .. 
EXHIBIT 0 

DIVISIONAL SUPPLEMENTAL CODE FOR THE STEEL OFFICE FURNITURE INDUSTRY 

ABTICLE I-PURPOSE 

The purpose of this divisional supplemental code is to supplement the basic 

code of the Business Furniture, Storage Equipment, and Filing Supply Industry, 

to make it specifically applicable to the Steel Office Furniture Industry, a 

division thereof. 

ARTICLE II-INDUSTRY 

This Industry shall be defined as including anyone engaged 1n the manufactur e and sale of any item of steel office furniture (hereinafter referred to 

as "industry products ') as defined 1n Art. II of the basic code under " Steel 

Office Furniture Division", either as a stock item or offered as a substitute for 

or in competition with such item . 

.ARTICLE ill-CODE AUTHOIUTY 

(a) A Code Committee, consisting of one nonvoting representative of the 

Administrator, if the Administrator so elects, and seven members of the 

Industry shall constitute the code authority of said Industry. Each class of 

member as defined below shall be represented by at least one member on the 

Code Committee. 

(b) Each member of the Industry shall within thirty days after the effective 

date of this code certify to the Secretary of the National Emergency Committee under oath the total net wholesale value of domestic shipments of all 

industry products for each month of the calendar year next preceding the 

above date, and for each succeeding calendar month up to the date of such 

certification, and shall thereafter certify such values monthly within forty-five 

days after expiration of each succeeding calendar month. · ( c) In the election of the Code Committee and in all cases where voting 

power is exercised by the members of the Industry, the members shall be 

divided into fl.Ye classes, based on volume of production as above determined, and such voting power shall be determined as follows: 

One fifth of the highest value of shipments, as defined in par. (b), reported 

by any member for the next preceding calendar year shall be the base value. 

The number of votes to which each member is entitled shall be the quotient 

obtained by using this base ·rnlue as a divisor and the value of shipments 

reported by said member for the same year as a dividend. For tne purpose 

of this computation fractions shall be considered as whole numbers. 

ARTICLE IV-PLANNING AND CLASSIFICATION 

In order to effectuate the purpose of Article VIII of the ba ic code, a list 

of all items of industry products now being offered as stock items by any 

member shall be submitted, and specifications and samples shall be made available within thirty days after approval of this code to the Planning and Classification Board of the Indu try for assignment thereof to its proper cla iflcation as referred to in Schedule A. No stock item not included in the list 

originally submitted by him shall be sold or offered for sale by any member 

until after clas ification by the Planning and Classification Board, as above 

provided, and approval of said classification by the Code Committee, nor until 

after all requirements for publication contained in Article VI hereof have been 

completely fulfilled. All action under this section shall be taken within 30 

days after submission by the member. 

(11) 
12 

.\ffrl U ~ V- OTSC'RDU;-.. \ TT 

(a) To mcrnh r . hall mak any . al nr cmt ra t f ·ale, c.1lrerlly or indirectly, 

by any m •nn · what Yer, f any i11clu:try l)l'otlnct at a price or n tel'll.l and 

conclilion mor favo1·nl>l to on purehns r tbun to anoth r, wheth r u h 

purcba.t'r . hall h 111·ivnte inclivitlual , rp ration , or firm , or Ji deral, 

tat , l\Iunicipal, or th r puuli h ,li •s; provid d that tbi , ball not prevent 

pri tliff r n · s nee · aril. r :ultiu from difI r n · in the mod.el, grade, 

quantity, or p int of I li,·ery of th produ ·t sold. (b) • m rub r shall make any purchn e of or allowance for us d inc.1u. try 

pr du ·t in conn tion with a ale f new indu ·try proclu ts r as an indeP nd nt a. h tran a tion, dir Uy or indir tly, by any m an whate,· r, at a. 

pric or on term anc.1 comlition: m re favorable to one seller than to an tber . 

.ARTI 'LE VI-PlU E P UBLICATION 

(a) Ea h memhcr shall, within ten days after the ffcctive date of this 

cod , puhli h and continu to publi b, as changes are made: 

1. Li ·t price c v ring e,- ry item of indu try product which uch memb r 

offer for ale a stock merchandi e, f current tandard lines, ancl list prices 

and quantities of destundardized or obsolete lfoes; 

2. Di counts and t rm allowed, a. provided in Schedule A hereto attached 

and made a 11art b reof, to the clas es of cu tomers defined therein ; 

in such manner that interested members of the trade and buying public may at 

all time. obtain a curate information as to the prices charged by uch memb r 

for his indu try products. Failure to publi h or to continue to publi h, as 

changes are made, any or all of the aforesaid information, or the publi hing 

of false or fl titious clLcounts, prices, or terms for any item of industry 

products is an unfair method of competition. 

(b) No member of the Indu try ball de ignate any current line a·s de tandardized or ob. olete unless in fact such line has been di continued. 

(c) Ea h member hall inunediately publish and continue to publish, as 

changes are made, the prices paid or allowances made for used indu try products of the variou makes and mod ls, in such manner that interc ·tcd member 

of the trade and uuying public may at all times obtain accurate information as 

to the real prices charged by such member for its indu try products. Failure 

to publi h, or to continue to publi h, as changes are made, any or all of the 

aforesaid information, or the publishing of any false or fictitious price or 

allowance for any make or model of such used industry products, is an unfair 

method of competition. 

( d) The di count , terms, expiration dates, and customers' names of all 

tuying agreements, oral or written, on any other than a one-order-one-delivery 

basi. , in force at the eff ctive elate of this code, and all ·such new or r new d 

agreem nt , shall be r ported to the Code Committee at the time they b come 

eff ctive. 

The discounts and terms of all such new agr ements, and all renewal or 

ext nsion of such existing agreements, shall be as provided in chedule A. 

(e) The above requir ments for publication shall not b deemed fulfilled until 

ten clays after a sufficient number of certified copi of the matter to be publi. hed ball have been received at the office of the Code ommittee, xc pt that 

the li t filed within ten days after the effective elate of this code shall take 

£:ffect on the date of filing thereof. 

(f) No m mber ball sell any indu try produ t contrary to his publi hed 

pri s, discounts, or terms of ale; and ince a ub tantial majority f the 

industry's produ t ar sold clir ct b the manufacturer to the c n umcr, and 

ince the purpo e and eff ct of tbi Article would be otherwi e d f ated, it · hall 

be an unfair melhod of com tition for any memb r to di tribut to the u er 

indu try product indirectly through an ag nt, dealer, broker, or otherwi , contrary to hi 1 ubli bed pric , di c unts, or terms of ale. 

ARTICLE VII- EJLLING BEILOW O T 

(a) Tb pricing and/or Hing of a,ny item of industry products below member's co. t to the ultimate on umer as d t rmin d by th o t-ac untinometbod t up IJy the Code ommi tt and ubj ct to approval by the Admini 

trator, in the quantiti s, under th onditions, and at the points of delivery 

involved, is an unfair m thod of competition. 
13 

(b) The Code Committee shall have power on its own initiative, or on the 

complaint of any member, to cau e an investigation of any price, discount, or 

term of 8ale for any item of indu try product shown in any li ·t of industry 

product fi led with it by any member, and for the purpo e of the inve tigation 

thereof to require such member to flll·ni h uch information concerning cost 

as defined in Section (a) of this article as the Committee shall deem necessary 

or proper for such purpo e. 

If after uch investigation, said Committee shall determine that such price, 

discount, or terms of sale is unfair as being contrary to Section (a) of this 

Article, and if such member within ten cla-'s after notice to it of such determination by the Code Committee . hall not file a new· list showing the price, discount, or terms of sale in accordance with said Section (a) (which hall become effective immediately on the filing of such list), the Code Committee 

shall report the re ults of its investigation to the proper authority or authorities for action. 

A.RTICLE VIII-EXTRAS AND DEDUCTIONS 

The Code Committee, on the basis of the direct cost thereof ( direct cost 

as u ed in this article being defined as the cost of labor, material, selling, and 

distribution, plus 10% ) may establi h the minimum additions to and maximum 

deductions from the base prices of the various lines of industry products, 

which maximum deductons and minimum additions members shall use in 

determining the list prices of variations from the base products. 

ARTICLE IX-SPECIALS 

No item of industry products which is not covered by the published list 

prices of the manufacturer thereof shall be sold or offered for sale at net 

prices, discounts, or terms more favorable to the purchaser than the most 

favorable published discounts, terms, or net prices applying to such item. 

ARTICLEJ X-MODIFIOATION OR CANCELLATION OF CODE 

This code and all the provisions thereof are expressly made subject to the 

right of the President, in accordance with the provisions of subsection (b) 

of Section X of the National Industrial Recovery Act from time to time to 

cancel or modify any order, approval, license, rule, or regulation issued under 

Title I of said Act; and specifically, but without limitation, to the right of 

the President to cancel or modify his approval of this code, or any condition 

imposed by him upon his approval thereof. 
'BI.JD LE A 

STEEL OFFI E F R. IT RE IVI I N- lVI IONAL UPPLE !ENT L ODE 

nrnr TRY D.\ E PI!ODUCTS 

The inclu try ba e product are hereby li ted, graded, and la ifi d, as 

follows: 

Four-dra \Ver vertical letter file, live green, :tandarcl grade. 

Five-dra, r ,;-erti al l tter file, oliv green, standard grade. 

Three-dra\\' r vertical letter file, olive green, standard grade. 

Four-drawer yertical letter file, olive green, commercial grade. 

Four-drawer Yertical letter file, olive green, utility grade, su pen ion. 

Four-dra,Ter vertical letter file, olive green, utility grade, nonsu pension. 

Two-drawer horizontal sectional full width l tter file, standard grade. 

One-drawer horizontal sectional half width letter file, tandard grade. 

One-drawer 3":s:5" card cabinet standard grade. 

One-drawer 3"x5" card cabinet commercial grade. 

60":s:34" flat top desk, oliYe green, standard grade. 

60"x34" table, olive green, standard grade. 

60"x34" flat-top desk, olive green, junior executive grade. 

60"x34" table, olive green, junior executive grade. 

72":x:36"x18" storage cabinet, double door, olive green, Grade A. 

72".x.3G":s:18" storage cabinet, double door, olive green, Grade B. 

One-drawer, sectional letter size transfer case, olive green. 

Hi-line section-24-drawer document file, olive green. 

Hi-line section-84"x36"x9" six-shelf bookshelf unit without finished ends, 

olive green. 

Revision of this list may be made from time to time by the Code Committee, 

or by the Administrator in his discretion. 

DEFINITION OF CUSTOMERS 

Exclusive Agents or D ealers.-An Exclusive Agent or Dealer is a retailer 

(indi.idual, firm, or corporation) with \Yhom a member of the Industry has 

a written agreement giving the agent or dealer sole selling rights of entire 

line in defined territory and giving the member of the Industry exclusive 

sal s r epre ·entation. 

Nonexclusive Agen ts or D ealers.-A nonexclusive Agent or Dealer is a 

r€tailer (individual, firm, or corporation) who maintains a place of business 

and carries tock. 

Brokers.-A Broker is a retailer (individual, firm, or corporation) other 

than above defined, who purchases industry products for resale. 

Retail buyers.-A retail buyer is a purchaser of definite quantities of industry products when purcha ~d in one order for one delivery, or on an oral 

or written buying agreement. 

Discounts and Terms of ale.-Tbe discounts as provided in Article VI 

allowed to each of the abov -defined classes of customer shall be applied to all 

list prices published under the provi ions of said Article and hall truly r present variance in co t of di~tribution to the ultimate con umer a determined by 

the coc1 committee in accordnnce with th provision of rticle VII. 

T rm. of al for all indu tr pro lu ts ha 11 be a follow : 

Wholesale , al s.-All cla. es of pur ha r -2 p rcent 10th prox., net 30th 

prox. 

Retail , 'alcs.-Ko di ·count for nrly paym nt. 

(14) 
EXHIBIT C 

DIVISIONAL SUPPLIDMElNTAL CODID FOR THE VISIBLE FILING EQUIPMENT INDUSTRY 

ARTICLEJ I-PU&POSEJ 

The purpose of this divisional supplemental code is to supplement the basic 

code of the Business Furniture, Storage Equipment, and Filing Supply Industry, 

to make it speciiically applicable to the Visible Filing Equipment Industry, a 

division thereof. 

ARTIGLFJ II-INDUSTRY 

This Industry shall be defined as including any one engaged in the manufacture and sale of any item of visible filing equipment (hereinafter referred to as 

industry products) as defined in Art. II of the basic code under " Visible Filing 

Equipment Division", either as a stock item or offered as a substitute for or in 

competition with such item. 

ARTICLE m--OODEJ AUTHORITY 

(a) A Code Committee consisting of one non-voting representative of the 

Administrator if the Administrator so elects, and three members of the Industry shall constitute the code authority of said Industry. 

(b) Each member of the Industry shall within thirty days after the effective 

date of this code certify t o the Secretary of the National Emergency Committee 

under oath the total net wholesale value of domestic shipment of all industry 

products for each month of the calendar year next preceding the above date, 

and for each succeeding calendar month up to the date of such certification, 

and shall thereafter certify such values monthly within forty-five days after 

expiration of each succeeding calendar month. ( c) In the election of the Code Committee and in all cases where voting 

power is exercised by the members of the Industry, the members shall be divided 

into four classes, based on volume of production as above defined, and such 

voting power shall be determined as follows : 

One-fourth of the highest value of shipments, as defined in par. (b), r eportert 

by any member for the next preceding calendar year shall be the base value. 

The number of votes to which each member is entitled shall be the quotient 

obtained by using this base ,alue as a divisor and the value of shipments 

reported by said member for the same year as a dividend. For the purpose of 

this computation fractions shall be considered as whole numbers. 

ARTICLE IV-PLANNING Ai~D CLASSIFICATION 

In order to effectuate the purpose of Article VIII of the basic code, a list of 

all item of industry products now being offered as stock items by any member 

of the Industry shall be made available, within thirty days after approval of 

this code, to the Planning and Classification Board of the Industry for assignment thereof to its proper classification as referred to in Schedule A. No stock 

item not included in the list originally submitted by him shall be sold or offered 

for sale by any member until after cla sification by the Planning and Classification Board, as above provided, and approval of said classificat:on by the Code 

Committee, nor until after all requirements for publication contained in Article 

VI hereof have been completely fulfilled. All action under this ection shall be 

taken within thirty day after submission by the member. 

ARTICLE ¥-DISCRIMINATION 

(a) No member shall make any sale or contract of sale, directly or indirectly, 

by any means whatever, of any industry products at a price or on terms and 

conditions more favorable to one purcha er than to another, whether such pur-

(15) 
16 

rha.C'r hnll b prirnt lmli,l<lual. rporn.tlon , or firms, or F deral, State, 

hlunkiJ1al, r olh r publi · boclie ; provided that thi ball not prevent prlce 

dit.frreu<.: ne · ':-.arily r ultincr from diff ren · in th model, grad , quantity, 

or pl iut of Ll ,Ji very of th product~ ·olcl. 

( b) • • o m mh r of the Industry hull ma 1- aoy purchase of or allowance for 

u •d industry protlm.:t · in ·onne ·tiuu with a ·ale of new indu try products or 

n au i1Hlep nd ut ca h truu action, Llit ctly or indirectly, by any m ans wbatver, at a vrk, or on term::; autl conditions m re fa urable to one seller than to 

another. 

ARTICLE VI-Plll E PUBLICATIO 

(a) Each ru ·mber of the Industry shall, ,Yithin ten days after the effective 

dat of thi · cutl , publi h and l.'.ODtinue to publi h, a chang s are ma<le: 

1. Lbt pric coY ring every item of industry products which uch member 

offers for ·ale a stoc:k merdumdi e, of ·urr nt tandard lines, and list prices 

and quautiti s of r built, destamlardizcd, or ob olet lin s; 

2. D . c unts urnl terms allo,\etl, as provided in Schedule A hereto attached 

arnl made a part h reof, to the cla 'Se f u tomers defined therein; 

in . ·ucb manner that intere ted m mbers of the trade and buying public mny at 

all time obtain a<:curate information us to th pric s charged by such member 

of the Indu try for it iu<lu.'try produ ·ts. Failure to publish or to continue to 

publish, as changes are made, auy or all of the afore aid information, or the 

publish ng of fal e or ficL tious uisc unt , prices, or terms, for any item of 

indu try produ 'ts, is an unfair method of competition. 

(b) o member of the Indu try ball de •ignate any current line as destandardized or ob olete unle~s in fact uch line has been discontinued. 

(c) Each member of the Indu~try shall immediately publish and continue 

to publish a changes are made, the maximum price paid or allowances made 

for used iudustry products of the various makes and models, when uch allowances apply again t the purchase of new inclustry product , in such manner 

that interested members of the trade and buying public may at all times obtain 

accurate information as to the real prices charged by such member of the 

Industry for it industry products. Failure to publish, or to continue to publish, as changes are made, any or all of the aforesaid information, or the 

publishing of any false or fictitious price or allowance for any make or model 

of uch used industry products, is an unfair method of competition. 

( d) The discounts, terms, expiration dates and customers' names of all 

buying agreements, oral or written, on any other than a one-order-one-delivery 

ba is, in force at the effective date of this code, and all such new or renewed 

agreements, shall be reported to the Code Committee at the time they become 

effective. 

The discounts and terms of all such new agreements, and all renewals or 

extensions of such existing agreements. shall be as provided in Schedule A. 

( e) The abov-e requirements for publication shall not be deemed fulfilled 

until ten days after a sufficient number of certified copies of the matter to 

be publi bed shall bave been receiYed at the office of the Code Committee, 

except that the lists filed within ten days after the effective date of this code 

shall take effect on the date of filing tber of. 

(f) o member shall s 11 any indu try product contrary to bis publi bed 

prices, discounts, or t rms of ale; and since a substantial majority of the 

industry's products are old dir ct by the manufacturer to th consumer, and 

since the purpo c and effect of this Article would be otberwi e defeated, it 

ball b an unfair method of competition for any m mber to dist1ibute to the 

u er indt_:1. try product indirectly through an agent, d al r broker, or otherwise, 

contrary to his published prices, di counts, or terms of sale. 

SELLING BELOW COST 

ARTICLE VII-SELLING BELOW CosT 

{a) The pncmg and/or selling of any item of indu try product b low 

memb r's cot to the ultimate con umcr as d termined by the cost accounting 

method et up by the Code ommit.tee and ubj ct to approval by the Administrator, in the quantitie , under the con lition , and at the polnts of deliv ry 

involved, is an unfair method of competition. 
17 

(b) The Code Committee shall have power on its own initiative, or on the 

complaint of any member, to cause an investigation of any price, discount, or 

terms of sale for any item of industry product shown in any list of industry 

products filecl with it by any memher, and for the purpose of the investigation 

thereof to require such member to furni"h such information concerning cost 

as defined in Section (a) of this article as the Committee shall deem necessary 

or proper for such purpose. 

If after such investigation, said Committee shall determine that such price, 

discount, or terms of sale is unfair as being contrary to Section la) of this 

Article, and if such member within ten days after notice to it of such determination by the Code Committee shall not file a new list showing the price, 

discount, or terms of sale in accordance with said Section (a) (which shall 

become effective immediately on the filing of such list), the Code Committee 

shall report the results of its investigation to the proper authority or authorities 

for action. 

ARTICLE VITI-SPECIALS 

No item of industry products which is not covered by the published list 

prices of the manufacturer thereof shall be ·sold or offered for sale at net 

prices, discounts, or terms more favorable to the purchaser than the most 

favorable published discounts, terms, or net prices applying to such item. 

ARTICLE IX-MODIFICATION OR OANCELLATION OF CODE 

This code and all the proYisions thereof are expressly made subject to the 

right of the President, in accordance with the provisions of subsection (b) of 

Section X of the National Industrial Recovery Act from time to time to cancel 

or modify any order, approval, license, rule, or regulation issued under Title I 

of said Act; and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this code, or any condition imposed by 

him upon his approval thereof. 
S HED LE A 

VISIBLE Fn.r:-.o EQmPME T DIYI ION, 

Dn-r ION.AL PPLE;\fE,.TAL ODE 

IND STRY PRODU CT 

The inclu try product are hereby classified as follows: 

I. TIU. PARENT TIP POCKET EQUIPME iT 

Con i tin a of Oard and In. ert H older. having title vi ible tbrou•Tb transparent tip and h oused in drawers in cabinet , in drawer and panel in tray , in double and single faced, fixed po i tion and n-ingino- frames, ancl in folding 

panels and books, with holding and upporting devices for the ·e bou ing . 

n. VISIBLE! CA.RD EQUIPMEXT (NON-TR.A · sPARENT TIP POCKET TYPE) 

Consi ting of card hangers and/ or supports providing vi ible index . paces on 

ln erts and cards affixed to them and housed in drawers in cabinet., in panels 

or drawers in trays, in double and single faced, fixed po ition and swincing 

frames, and in folding panels and books, with holding and upporting devices 

for these housings. 

m. V1SJBLF.l ST.&IP EQUIPMENT 

Consisting of multiple-index strips with or without transparent tubes bou ed 

visibly in drawers in cabinets, in panels or drawers in trays, in double and 

single faced, fixed postion and swinging frames, and in folding panel and 

book with holding and supporting devices for these housings. 

IV. SIGNALING DEVICES FOR IN EQUIPMENT AS DESCJUBED IN I, II, III 

Revision of this list may be made from time to time by the Code Committee, 

or by the Administrator in his discretion. 

DEF! ITION OF CUSTOMERS 

Exclusive Agents or Dealers.-An Exclusive Agent or Dealer is a retailer 

(individual, firm, or corporation) with whom a member of the Industry has 

a written agreement giving the agent or dealer sole selling rights of entire line 

1n defined territory and giving the memoer of the Indu try exclusive sales 

represen ta ton. 

Nonemcl!usive Agents or D ealers.-A nonexclu ive agent or dealer is a retailer (individual, firm or corporation) who maintains a place of busine s and 

carries tock. 

Brokers.-A broker is .a r etailer (individual, firm, or corporation) other than 

above defined who purcha es industry products for re o.le. 

J obber s.-A jobber is an individual, firm, or corporation who maintains an 

adequate wholesale stock of mer ·handi e ancl who does not sell at retail. 

Retail B uyers.-A r etail buyer is .a. purcha er of definite quantities of industry products when pur ha5-ed in one or der for one delivery or on an oral or 

written contr act or buying agreemen t. 

DI OUNTS A ~D TERMS OF SALE 

The dLcounts as pr vided in Article VI allov. ed to each of the above-d fined 

clas e of cu, tomers shall be applied to ail li t prices publi hed under the provisions of said Article, and shall truly r pr ent variance in ost of distribution to the ultimate con. umer a det rmined by th ode Committee in accordance with the provi ion of Article VII. 

Terms f ale for a ll indu try product ~hall b a follow : 

Wholesale ales.-All cla ses f purchas rs- 2 percent 10th prox, Net 30th 

prox. 

Retail Salcs.--No discount for early payment. 

(18) 
EXHIBIT C 

D IVISION.AL SUPPLEMENT.AL CODE FOR THE STEEL LoCKER I NDUSTRY 

ARTICLE I- PURPOSE 

The purpose of this divisional supplemental code is to supplement the basic 

code of the Busine s Furniture Storage Equipment, and Filing Supply Industry, to make it specifically applicable to the Steel Locker Industry, a division thereof. 

ARTICLE 11-IXDUSTRY 

This Industry shall be defined a including any one engaged in the manufacture and sale of any item of steel lockers (hereinafter referred to as industry 

pr oducts) as defined in Article II of the basic code under " Steel Locker Division", either as a standard list item or offered as a substitute for or in 

competition with such item. 

ARTICLE ID~ODE AUTHORITY 

(a) A Code Committee, consisting of one nonvoting representative of the 

Administrator if the Administrator so elects, and five member of the Industry 

shall constitute the code authority of said Industry. 

(b) Each member of the Industry shall within thirty days after the effective 

date of this code certify to the Secretary of the National Emergency Committee 

under oath the total net value of domestic shipments f.o.b. factory of all indu try 

products for each month of the calendar year next preceding the above date, 

and for each succeeding calendar month up to the date of such certification, and 

shall thereafter certify such Yalues monthly within twenty days after expiration 

of each succeeding calendar month. 

(c) In the election of the Code Committee and in all cases where YOting power 

is exercised by the members of the Industry, the members shall be di,ided into 

fi,e classes, ba ed on volume of production as aboYe determined, and such Yoting 

power shall be determined as follows : 

One fifth of the highest value of hipment , as defined in paragraph (b). 

reported by any member for the next preceding calendar year shall be the base 

value. The number of rntes to which each member is entitled hall be the 

quotient obtained by u::ing thi ba e value as a divisor and the Yalue of shipments reported by said member for the same year as a dividend. For the 

purpose of this computation fractions shall be considered as whole numbers. 

ARTICLE IV-PLA.~XI::"\G AND CLASSIFICATION 

(a) In the event that any member of the Industry desires to manufacture 

and offer for sale any item not included in the original li t submitted by him 

a proYided in Article VI, Section c, he shall make available pecifications and 

samples of such item to the Planning and Classification Board of the Industry 

for the proper listing of such item as a standard list item subject to the 

approval of the Code Committee. No standard Ii t item not included in the li t 

originally submitted by him shall be sold or offered for ale by any member 

until after cla . ification by the Planning and Classification Board, as atiove 

provided, and apprornl of said classification by the Code Committee, nor until 

after all requirements for publication contained in Article VI hereof have been 

completely fulfilled. All action under this section shall be taken within 30 

days after submi. sion by the member. 

ARTICLE ,-DI CRIMIXATION 

(a) ~o member shall make an~· ale or contract of sale, directly or indirectly, 

by any means whate,·er, of any industry products at a price or on terms and 

(19) 
20 

onditlons more farnrnlll to 011 pur ll:1. <'r than to anoth r, wh th r uch purcbn, ers ·hall be vri a i11<1iYidnal~, co111oratiou ·, n- firm., or l!'ed ral, 'tate, 

Mun i ipal, r otll r 11ulllie hodi<.>~; JJl'Ol icl a that this sbnll oot pr v ut price 

cliff r •u ·, neees.·arily rcsullin~ from diffcrcnc s in th m <.l l, gr t1 , quautity, 

or point of ueliv ry of the 1irutln ts sold. 

(b) .1- m mlwr of tll Jndnstry shall mnk any vur •hn of or allowance 

for u ed industry vrotluds in tomi t'tion with n :al of 11 w industry pro<lu t 

or a an indcpenll 11t ca ·h transa ·ti n, <lire ·tly or indir ctly, by any m ans 

whatev r, at n price 01· ou term· and c u<lition~ m re fayorable to ne eller 

than t another. 

ART! LE \'I- Pt:I E P BLl •~TION 

(n) Each member of th I n lustry shall within t n day aft r the eff -t1,·e 

date of thi code, publi. h aud ontinue to publi h, as chang are mad : 

1. Li t price cOYering Yery item of iudu ·try products which su h m mber 

ofI rs for sale as tandnrd li t it ms, and list prices aucl quantiti of destandardized or ob olete items; 

2. D ductions or extras a determined iu accordance with Article III h re f. 

3. Quantity discount from li t prices ancl t rms of ale allow tl to the 

pur ·ba er, a pro, ided in Schedule A h reto attached and made a part hereof; 

in su h manner tliat interested members of the trade and th buying public may 

at all tim s obtain accurate information as to the pric s charged by uch 

member of the Industry for its industry products. Failure to publisb or to 

continue to publish, as changes are made, any or all of the 'aforesaid information, or the publishing of false or fictitious prices, discount , or terms, for any 

item of industry products, i an unfair method of competition. 

(b) No member of the Industry shall designate any current line as de--

standardized or obsolete unless in fact such line has been disc ntinued. 

( c) The above requirements for publication shall not be deemed fulfilled 

until ten days after a sufficient number of certified copies of the matter to be 

published hall have been receiYed at the office of the Code Committe-e, except 

that the li ts filed within ten days after the effective date of this code shall 

take effect on the date of filing thereof. 

(d) No member i:;ball sell any industry product contrary to hls published 

prices, discounts or term:.,;; of sale; and since a substantial majority of the 

industry's products are sold direct by the manufacturer to tbe con umer, and 

since the purpose and effect of this Article would be otberwL e defeated, it 

shall be an unfair method of competition for any member to distribute to the 

user industry products indirectly through an agent, dealer, broker, or otherwise, 

contrary to his published prices, discounts, or terms of a.le. 

ARTICLE VII-SELLING BElLOW COST 

( a) The pricing and/ or selling of any item of indu try products below member•~ cost to the ultimate consumer as determined by the co t accounting 

m thod s t up by the Code Committee and subject to approval by the Admini ~ 

trator, in the quantities, under tbe conditions, and at the points of delivery 

im•oived. i an unfair method of competition. ·(b) The Code Committee shall have power on its own initiative, or on 

th c mplaint of any member of the Indu try, to cau. e an inve tigation of any 

price, di. count, or t rms of . ale for any item of industry produ t hown in nny 

li t of indu try products filed , ith it by any member of the Indu try, and for 

tbe purpos of tbe inve tigation th reof to r quire u b memher to furni 11 u h 

information c nc rnino- co t as d fin ed in Section (a) of thi article a the 

Committee shall deem nee s ary or proper for such purpo . If aft r such inve tigation, aid Committe shall determine that uch 

pric , di. c unt, or t rm of ~ale i. unfair n. b ing contrary to tion (a) 

of thi. Article, and if such memh r within ten days after notic to it of uch 

determination by the ode Committe ball not file a n w Ji t showincr th price, 

di. count, or t rms of . al in accordan e with aid • ection (a) (which , hall 

bee me ff ctive immediately on the fl.ling of u b li t), the C de Committee 

:-:ball r port th re ults of its inve tigatioo to the prop r authority or uuthoriti s for a ction. 
21 · 

.ARTICLE VIII-EXT&AS AND DEDUCTIONS 

The Code Committee, on the basis of the direct cost thereof ( direct cost 

as u ed in this article being defined as the cost of labor, material, selling, and 

distribution, plus 10%) may establish the minimum additions to and maximum 

deductions from the base prices of the various lines of industry products, which 

maximum deductions and minimum additicns members shall use in determinint: 

the list prices of variations from the base products. 

ARTICLE IX-SPECIALS 

No item of industry products which is not coYered by the published list prices 

of the manufacturer thereof shall be sold or offered for sale at net prices, 

discounts, or terms more favorable to the purchaser than the most favorable 

published discounts, terms, or net prices applying to such item. 

ARTICLE X-MODIFICATION OR CANCELLATION OF CODE 

This code and all the provisions thereof are expressly made subject to the 

right of the President, in accordance with the provisions of subsection (b) of 

Section X of the National Industrial Recovery Act from time to time to cancel 

or modify any order, approval, license, rule, or regulation issued under Title I 

of sa:d Act; and specifically, but without limitation, to the right of the President 

to cancel or modify bis approval of this code, or any condition imposed by him 

upon bis approval thereof. 
SHED LE 

STl!lEL LOCKElR DIVISION, DIYISIO AL SUPPLEMENT.AL ODE 

I DUSTRY PRODUCTS 

The products of this Indu try ball embrace teel box locker , iugl -ti r 

lockers, double-tier lockers, two-per on locker , compartment locker , and u ·h 

mi cellaneous acce orie , fittings, and parts used therewith, a primarily d -

signed and sold for u e in schools, clubs, gymna •ium , commercial and indu. - trial e tablishments. Revision of this list may be made from time to time 

by the Code Committee or by the Ad.mini trator in bi discretion. uch general pecifications as may be required to classify and standardize the e products shall be worked out by the Planning and Classification Board, subject to 

the approval of the Code Committee. 

DISOOUNTS AND TERMS OF SALE 

Di counts as provided in Article VI shall be applied to all list prices publlshed under the provisions of said Article, and shall truly repre ent rnriance 

in cost of distribution to the ultimate consumer as deteQllined by tbe Code 

Committee in accordance with the provisi-0ns of Article VII. 

On all sales to consumer or user, terms shall be 30 days net without di. count 

for early payment. If job is to be erected, terms are net upon completion o1 

erection. 

(22) 

• 
EXHIBIT C 

DIVISIONAL SUPPLEMENTAL CODE FOR THE STEEL SHELVING INDUSTRY 

ARTICLE I-PURPOSE 

The purpo e of this divisional supplemental code is to supplement the basic 

code of the Business Furniture, Storage Equipment and Filing Supply Industry, to make it specifically applicable to the Steel Shelving Industry, a division 

thereof. 

• ARTICLE IT-INDUSTRY 

This Industry shall be defined as including any one engaged in the manufacture and sale of any item of steel shelving (hereinafter referred to as industry 

products) as defined in Art. II of the basic code under "Steel Shelving Division", either as a standard list item, or offered as a substitute or in .competition 

with such item. 

ARTICLE ID-CODE .AUTHORITY 

(a) A Code Committee, consisting of one nonvoting representative of the 

Administrator if the Administrator so elects, and five members of the Industry 

shall constitute the code authority of said Industry. 

(b) Each member of the Indu try shall within thirty days after the effective 

date of this code certify to the Secretary of the National Emergency Committee 

under oath the total net value of domestic shipments of all industry products 

for each month of the calendar year next preceding the above date, and for 

each succeeding calendar month up to the date of such certification, and shall 

thereafter certify such values monthly within twenty days after expiration of 

each succeeding calendar month. 

(ie) In the election of the Code Committee and in all cases where ,oting 

power is exercised by the members of the Indu try, the member shall be 

diYided into firn clas es, ba ed on volume of production as above determined, 

and such voting power shall be determined as follows : 

One fifth of the highest value of shipments, as defined in par. ( b), reported 

by any member for the next preceding calendar y ar shall be the base value. 

Tlle number of votes to which each member is entitled shall be the quotient 

obtained by using thi base value as a divisor and the value of shipments 

reported by aid member for the same year as a di,idend. For the purpose of 

this computation fractions shall be considered as whole numbers. 

ARTICLE IV-PLANNING .AND CLA.SSIFICATION 

(a) In the event that any member of the Industry desires to manufacture 

and offer for ale any item not included in the original list submitted by him 

as provided in Article VI, Section (d), he shall make available specifications 

and sample~ of such item to the Planning and Classification Board of the 

Indu ·try for the pr0per listing of such item as a standard list item subject to 

the approval of the Code Committee. No standard list item not included in 

the list originally submitted by him shall be sold or offered for sale by any 

member until after classification by the Planning and Classification Board, as 

above provided, and approval of said classification by the Code Committee, 

nor until after all requirements for publication contained in Article VI hereof 

have been completely fulfilled. All action under this section shall be taken 

within 30 day after submission by the member . 

.ARTICLE V-DISCBIMINATION 

(a) No member shall make any ale or contract of sale, directly or indirectly, 

by any means whatever, of any industry products at a price or on terms and 

(23) 
24 

ontlition. m r fnrnrnhle lo on purcba r thnn to anoth r, wb ther uch 

purcha::.cr · hall b, pri,, t incli,iclnnl., orporntions, or firms, or F d rnl, tate, 

.Muni •ipal or th 'r pul>li · hotli ' : pr vi1led that lhi. ·hall not pr v nt price 

differ n es 1wcc.·sarily r ·ultinO' from cliff H'llCC' in the mod l, grad , quantity, 

r point f <l livery f tb pr duct: oltl. 

(l>) ,.·o member of th Indu~try .·hall mak nny purcha of or a1lowancc 

for u d indu tr? procluct. in conn ction with a ale of new indu. try produ t 

or a an incle11e1H1 'Dt ca. h tran action directly or inclir<> tly, by any mPan 

whate, r, at a price or ou t rm and c nditions more favorabl to one seller 

than to anolb 'l'. 

AB.Tl LE VI-PRI 0 PUllLICATION 

(a) Each member of the lnclu try hall, within ten days after the eff ctive 

date of thi od , publi h and <'ontinu lo publi h, a hange · are mad~ 

1. List pri e cov 1in0' every item of indu try pro luct , which ~ uch member 

ffer for sale as ·tandard li t items, and list vrice · and quantities of detandardize<l or ob l te items ; 

2. Deduction or extra a determined in a cordan with Article VIII h reof; 

3. Quantity di count from li:t prices and term • of ale allowed to the purchaser, as provided in Schedule A hereto attached and made a part hereof; 

in uc:h manner that int re ted member of the trade and the buyinO' public may 

at all ti.mes obtain accurate information a to the prices charge l by such 

member of the Indu try for its industry products. Failure to pub1i h or to 

continue to publi h. a changes are made, any or all of the aforesaid information, or the publishin er of fal e or fictitious price , discount or terms, for any 

item of indu,:;try products, is an unfair method of competition. 

(b) No member of the Indu try sh:.:tll clesignu.le any current line as destandardized or ob olete unle. s in fact such line ha. been discontinued. 

(c) Each member of the Industry shall imm diately publi h and continue to 

publish as changes are made the prices paid or allowanc s made for used industry products of the various makes and models, in sucb manner that interested 

members of the trade and buying public may at all times obtain a curate information as to the real prices charged by uch member of the Inclu try for its 

indu try products. Failure to publish, or to continue to publi h, as changes 

are made, any or all of the aforesaid information, or the publi bing of any false 

or fictitious price or allowance for any make or model of such used industry 

products, is an unfair method of competition. 

(cl) The above requirements for publication ball not be deemed fulfilled 

until ten da:rs after a sufficient number of certified copies of the matter to be 

publi. heel shall have been received at tbe office of the ode Committee, except 

that th Ii ts filed within ten days after the effective date of this code shall 

take effect on the date of filing thereof. 

(e) o member shall sell any industry product contrary to bis publi hed 

prices, di count , or terms of sale; and since a sub tantial majority of the industry's products are old direct by the manufacturer to the con umer, and since 

the purpose and effect of this Article would be othen,i e defeated, it shall be 

an unfair m thod of competition for any member to distribute to the user industry product indirectly thr ugh an agent, dealer, broker, or otherwise, con- trary to hi publi h d prices, discounts, or terms of ale. 

ARTICLE \'II-SELLING BELOW OST 

(a) The pricing and/or selling of any item of indu try products below member's co ·t to the ultimat con umer as d termin cl by the cost a counting methods 

set up IJy the Code Committee, and ·ubject t approval by tbe dmini trator, in 

the qnanlitie , under the condition , aud at the points of delivery involved, is 

an nufair method of competition. 

(b) The 'ode ommittee shall baYe power on it own initiative, or on the 

complaint f any memb r of the Indu. try, to cause an inv tigation of any pric , 

di count, or t 1 rm of ale for any it m of iodu try pr duct hown in any Ii t 

of industry product fll d with it by any member of th Indu. try, and for the 

purpo e of the inv . tiCTUti n th r of to require uch member to furni ·h u 11 

information cone rning co t as cl fined in ection (a) of this article a the 

ommitt e hall de m ncc s ar or proper for u b purpo e. 

If aft r u b inve tigation said ommittee ball determine that such price, 

discount, or terms of sale is unfair as being contrary to Section (a) of this 
25 

Article, and if such member within ten days after notice to it of such determination by the Code Committee shall not file a new list showing the price, discount, or terms of sale in accordance with said Section (a) (which shall become 

effective immediately on the filing of such list), the Code Committee shall report 

the results of its investigation to the proper authority or authorities for action. 

AltTIOLE VIII-EXTRAS AND DEDUCTIONS 

The Code Committee, on the basis of the direct cost thereof ( direct cost 

as used in this article being defined as the cost of labor, material, selling, and 

distribution, plus 10%) may establish the minimum additions to and maximum 

deductions from the base prices of the various lines of industry products, 

which maximum deductions and minimum additions members shall use in 

determining the list prices of variations from the base products. 

ARTICLE IX-SPEOIALS 

No item of industry products which ls not covered by the published list prices 

of the manufacturer thereof shall be sold or offered for sale at net prices, discounts, or terms more favorable to the purchaser than the most favorable 

published discounts, terms, or net prices applying to such item. 

ARTICLE X-MODIFIOATION OR CANCELLATION OF C'ODFJ 

This code and all the provisions thereof are expressly made subject to the 

right of the President, in accordance with the provisions of subsection (b) of 

Section X of the National Industrial Recovery Act from time to time to cancel 

or modify any order, approval, license, rule, or regulation issued under Title 

I of said Act; and specifically, but without limitation, to the right of the President to cancel or modify his approval of this Code, or any condition imposed 

by him upon his approval thereof. 
1111111111m1111i1il1i1 ~ 1111i [ 11~ 11i11 i1111m 111111111 

3 1262 08583 0551 

S TIED LE A 

STEEL REL\'lNG Dn'I. IO , IVI IONAL UPPLE1!E TAL ODE 

INDUSTRY PROD CT 

There hall be adopted thr e la ification governing Indu trial and G neral 

Purpo helving and Ace orie , one for medium load , one for niedit1,m-hcavy 

load , and the third f r ea;tra-h avy load. , to be gov rned by . pecification to 

be formulated by the Planning and 'la:-i1kation Board and approved by tbe 

Code ommittee. Revi ion may be made from time to time by the Code 

Committee or by the Admini trator at his discretion. 

DEFINITION OF CUSTOMERS 

Preferred A.gent.-A preferred agent is a retailer (individual, firm, or corporation) who buys for re ale and invoices direct to the con ·umer, thu. as. urning the respon ibility for credit and carryin"' the account. A preferrecl agent 

may or may not have an exclusive contract and may or may not arry a ·tock. 

Commission A.qent.-A commi~sion agent is a r tailer (individual, firm, or 

corporation) ~ho sells to the consumer on a commis ion basis, the manufacturer to invoice the consumer. 

Conswner.-A con umer is any individual, firm, or _corporation who buy for 

his own u e. The discount to which the consumer is entitled shall be determined by the list-price value of merchandise ordered at one time for one 

delivery. 

DISCOUNTS AND TERMS OF BALE 

Discounts as provided in Article VI, allowed to each of the above-defined 

classe of customers, shall be applied to all list prices publi hed oncl 1· the 

provi ions of said Article, and shall truly represent varian e in cost of distribution to the ultimate consumer as determined by the Code Committee in 

a ccordance with the provisions of Article VII. 

On all sales to consumer the terms shall be 30 days net from date of invoice with no discount for early payment, or, if the equipment 1s to be erected, 

the terms are net upon completion of erection. 

(26) 

0