Approved Code No. 4B- Arnendment No. 1 Registry No. 1308-16 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

PORTABLE ELECTRIC LAMP 

AND SHADE INDUSTRY 

(A Division of the Electrical Manufacturing Industry) 

AS APPROVED ON FEBRUARY 12·, 1935 

UNtV. ~·Fl Ul. 

I 

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u.i. DEPoen'OIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, Washington, D. . - - - - - - - - - PriceS ccn(S 
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.. .. 
Approved Code No. 4B-Amendment No. 1 

Al\1ENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

PO·RTABLE ELECTRIC LAMP AND SHADE 

INDUSTRY 

As Approved on February 12, 1935 

ORDER 

APPRO\'ING AME~ D:MENT OF Su1:>1~LEl\IE::\TAHY CoDE OF FAm COJ'IH'ETTTIO~ FOH THE PoRT \PL ~ Er....ECTRI LAMP A~D SnADE INn-c-s-rnY 

A DIVISION OF THE ~LECTIUCAL JU.\.X FACTURING INDUSTHY 

An application having b€en duly made pur ·uant to and in full 

compliance with the provisions of Title I of th National Indu. trial 

Recovery Act, approved June 16, 198:3, for approval of an amendment to a Code of Fair Competition for the Portable Electric Lamp 

and hade Inclu. try, a Subdivision of the Electrical Manufacturing 

Industry, and hearing having been duly held thereon and the annexed report on said amendment, containing findings with re 'pe t 

thereto, having been n1ade and directed to the Pre iclent. 

N OvV, TI--IEHEFORE, on behalf of the President of the United 

States, the National Incln trial Recovery Board, pur. uant to authority ve ted in it by Executive Orders of the Pre. ident including 

Executive Order number 6859, and otherwise, doe, hereby in rporate, by reference, said annexed r port and does find that , aid 

amendment and the Code as constituted after being amen led comply in all resp cts with the pertinent provision and will promote 

the policy and pnrpo es of . aid Title of said Act and does hereb)' 

order that ·aid amendment. be and it is hereby approve 1, and thnt 

the previous approval of said Code i. · hereby amend c1 to in lmle an 

approval of said Code in its entirety a · amended, su h approval nn 1 

. u h amendment to take effect twenty day. from the date h reo£, 1mle . · good cause to the contrary i. . ho"' n to the N ntional In 1u. trial 

Hecovery Board before that time and the N ationa.l Industrial hr. 

em-ery Board is. ues a . nbsequ nt on1er to that effect; proYic1erl, 

howeYer, that in order to enable members of th ~ nbdivision to n<ljust their methods of operation to comply " ·ith th prm-i. ions o£ 

114()!):)•-157"- 4"- - 35 (1) 
2 

Article XIV: "Homework", said Article XIV shall become effective 

ninety (90) days from the date of this Ord r. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By V-1. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

BARTON W. MuRRAY, 

Divisi'Jn Administrator. 

WASHINGTON, D. c., 

February , 1935. 
REPORT TO TI-IE PRESIDENT 

The PREsiDENT, 

The liV hite H O.'UJ8e. 

Sm: Thi9 is a report on an amendment to the Supplementary Code 

of Fair Competition for the Portable Electric Lamp and Shade Industry, a Subdivision of the Electrical Manufacturing Industry, 

Public Hearing having been conducted thereon in Washington, D. C., 

October 11, 1934, in accordance with the provisions of Title I of 

the National Industrial Recovery Act. Every person who filed 

a reque t for an appearance at the Public Hearing was heard in 

accordance with regulations of the National Recovery Administration, and all objections filed have been given due consideration. The 

amendment, which i attached, was presented with the approval of 

the Ba ic Code Authority. 

The Supplementary Code is amended to incorporate additional 

fair trade practice provisions, the need of which hu · been demon- strated by practical experience under the Supplementary Code. 

FINDINGS 

The Deputy Administrator in his final report to the National 

Industrial Recovery Board on said amendment to said Supplementary 

Code having found as herein set forth and on the basi of all the 

proceeding·s in this matter: 

It is found that: 

(a) The amendment to said Supplementary Code and the Supple- mentary Code a amended are well designed to promote the policies 

and purposes of Title I of the National Indu trial Recovery Act 

including the removal of ob tructions to the free flow of interstate 

and foreign comm·erce which tend to dimini h the amount thereof, 

and will provide for the general welfare by promoting the organiza- tion of industry for the purpose of cooperative action among trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental c::anction and supervision, 

by eliminating unfair competitive practices, by promoting the fulle t 

po sible utilization of the pre ent productive capacity of indu trie , by avoiding undue restriction of production (except as may be 

temporarily required), by increasing the con ump ion of industrial 

and agricultural products through increasing purcha inO' power, by 

reducing and relieving unemployment, by improving tandards of 

labor, and by otherwise l'ehabilitating industry. 

(b) The Supplementary Cole a amended complies in all respect 

with the pertinent provision of aid Title of ail 'A t including 

without limitation Sub ·ecti n (a) of Section 3 ub ection (a) of 

Section 7, and Sub ection (b) of Section 10 thereof. 

(3) 
4 

(c) The amendment and the Supplementary Code as am nded are 

not desio-ned t o and \Yill not pe1·mit monopolie or monopoli tic 

practi s. 

(d.) Th am ncl ment and the Supplementary Code as; amended 

u.r not de igned to and will not eliminate or oppres · small enterprise. an l will not operate to di criminate again. t them. 

(e) Tho e engaged in other steps of the econom_ic proces ha vc not 

been depriY .cl of the right to b heard prior to approYa l of . aid 

amendment. 

For these rea on. ~ therefore, thi · amendm nt has been approved, 

the approval to become effective twenty (20) da. r · from date of the 

Order, and with the provision that Articl XIV hall become effective ninety (90) days from date of said Order. 

For the N at.ional In<-lu 'trial Recoyery Board: 

FEBR J\HY 12, 1935. 

w. A. H ARRIMAN' 

Ad1rdnid1'ative Officm·. 
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION FOR THE PORTABLE ELECTRIC LAMP 

AND SHADE INDUSTRY 

A DIVISION OF THE ELECTRICAL MANUFACTURING INDUSTRY 

Amend the Code by adding the following Articles : 

ARTICLE VIII-CoNsiGNMENT 

No employer shall ship or place on consignment products of this 

Subdivision except under circumstances approved by the Supervisory Agency and subject to review by the National Industrial 

Reco' ery Board. 

ARTICLE IX-ADVERTISING ALLOWANCES 

No employer shall designate as an "advertising allowance", a 

"promotion allowance", or by a similar term, any price reduction, 

discount, bonus, rebate, concession, or other form of allowance, or 

any consideration for advertising or promotion services, offered or 

given by him to any customer. 

No employer shall offer or give any con ideration merely for 

"pushing"," advertising", or otherwise than for definite and speci- fic advertising or promotion services. Such consideration shall be 

given only pursuant to a separate written contract therefor, which 

contract shall specifically and completely ·et forth the advertising 

or promotion services (in such manner that their specific character 

may be understood by other employers and their customers) to be 

performed by the recipient of said consideration, the precise consideration to be paid or given therefor by said employer, the method 

of determining performances, and all other terms and conditions 

relatin,g· thereto. 

ARTICLE X-RETURNED MERCHANDISE 

No employer shall accept the return of any product of this Subclivi ion except when such product is defective or does not meet 

performance requirements or specifications. liowever, when the purchaser is unable to meet his obligations, the employer may acc"pt tL.e 

return of products of thiN Suqdivi ion, provided that immediate 

report thereof is made to the Supervisory Agency. 

ARTICLE XI-IDENTIFYING MERCHANDI E 

Each employer of this Subdivision shall identify the product o:f 

his manufactur in a manner to b dt>termin l by the Qupervi ory 

Agency, subj ect to the approval o:f th Nationa l Industrial Rec very 

Board. 

ARTICLE Xli-Tmn\L o F P A Yl\IENT 

No employer shall ell the pro luct of thi Subdivi ion on any 

more favorable terms o:f paym nt than that o:f payment within 

(5) 
UNIVERSITY OF FLORIDA 

6 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08583 0932 

thirty thys of elate of invoice" or a maximum 2% cash eli count 

when payment hn · bocn made within ten day. of the date of invoice 

All prodncts shall be sold F. 0. B. city of manufacture. 

ARTICLE XIII-STAKDAnns CoMMITTEE 

1. The Supervi. ory Aaeney shall establish a standards committee, 

"·hich shall be fairly repr"sentative of the Subdivision and two members of which shall be appointed by the. National Industrial Recovery Board, such members to serve without expen e to the Industry. 

2. The Committee shall study and recommend to the Supervi ·ory 

Ao·ency and th~ National Industrial Recovery Board such standards 

a. are deemed feasible. 

3. Following such reYiew as the National Industrial Recovery 

Board may determine, such standard. as are adopted shall be made 

mandatory upon the Subdivi. ion a. a part of this code, and non-"ompliance therewith shall be an unfair method o.f competition, and a 

violation of the Supplementary Code; provided that nothing herein 

shall forbid the manufacture and sale of non- tandard products 

\Yhich are clearly identified to the buyer as such. 

AR1.'1CLE XIV HOMJ< WORK 

No employer shall manufacture or cause to have manufactured in 

whole or in part any of the products of this Subdivision in the home, 

premises or living quarters of any person provided, however, 

(1) A pe1·.Jon may be permitted to engage in hom-e work at the 

same rate of \Ta.ges as is paid for the, same type of work performed 

in the factory or other regular plac·e of business if a certificate is 

obtained from the State Authority or. otlie1-:- officer designated by the 

United States Department of Labor, such certificate to be granted 

in accordance with instructions issued by the United States D epartment of Labor, provided 

(a) Such person is physically incapacitated for work in a factory 

or other regular place of bu. iness and is free from any contagions 

<.lise a e; or 

(b) Such per~on i. unable to leaYc home because his or her serYices are ab olutely es. ential for attendance on a per on \Vho is bedridden or an in,'alid and both . uch per~ons ar e free from any conta ,g·ious disea e . 

... (c) Any employer engaging , uch a person shall keep such certificate on file and shall file with the &uperYisory Agency the name and 

acldre · of each worker , o certificated. 

AnTI LE XV-SUBTERFUGE 

No employer of this Subdivision hall engage in any subterfuge 

so a. · to defeat the purpo ·e or pro' isions of the Act or of this Code. 

Apnron•c1 -·ode No. ±13-Amenclment No. 1. 

Regi~tr.r No. J30 - 16. 

1 fie :• parnoTapl, !:! nf ordrr :q.pi'oYing this Anwnr1mcnt. 

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