Approved Code No. 84-Supplement No. 50 RegiStry No. 1399-61 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

C·ODE OF FAIR COMPETITION 

I 

FOR THE 

VISE MANUFACTURING 

INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON SEPTEMBER 1, 1934 

. --·- fA" 

o--. ,.. ........ 

. (j#N U.S. DEPOMT 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publkntiou i~> for snle l.Jy tile Su11eriute11dertt of Documents, Government 

Printing Office, Washiugtun, D.C., and l.Jy district offices of the Bureau of For!:'ign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atianta, Ga.: 504 Post Office Bnildiog. 

Birmingham, Ala.: 231 Federal Building. 

Boston, 1\Iass. : 1801 Customhouse. 

Buffalo, N.Y.: ·chamber of Commerce Buill1ing. 

Cha rleston, S.C. : Chn.mber of Commerce DuEding. 

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, ~lich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minnea polis, 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.: 4~2 Commercial Tru~t RuiJ(1ing. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Ollve Street. 

Snn Francisco, Calif.: 310 Customba.uRP. ~ 

S(>attle, Wash.: 80!) Federal Office_.Bu l~ing. . ·:., 
Approved Code No. 84-Supplement No. 50 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

VISE MANUFACTURING INDUSTRY 

As Approved on September 1, 1934 

ORDER 

APPRoVING SUPPLEMENTARY ConE oF FAIR CoMPETITION FOR THE VISE 

MA'li.'"UFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING .AND 

METAL FINISHING .AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in fulll 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, and in accordance with the 

provisions of Section 1 of Article VI of the Basic Code for the 

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coating Industry~ approved November 2, 1933, for approval 

of a Supplementary Code of Fair Competition for the Vise 1\1anufacturing Industry and hearing having been duly held thereon; and 

the annexed report on said Supplementary Code, containing findings 

with respect thereto, having been made and directed to the President: 

NOW THEREFORE, on behalf of the President of the United 

States, i, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543'--A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Supplementary Code complies 

in all respects with the pertinent provisions and will promote the 

policy .and purposes of said Title of said Act; and do hereb:y order 

that said Supplementary Code of Fair Competition be and it IS hereby approved. 

Administrator 

Approval recommended: 

BARTON "\V. MuRRAY, 

Division Adn1inistrator. 

VVASHING'I'ON, D.C., 

September 1, 1934. 

83875°----1181-3----34 (1) 

HuGH S. JoHNSoN, 

for Industrial Recovery. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sir: This is a report on the Supplementary Code of Fair Competition for the Vise ~fanufacturing Industry, a division of the Fabricated }.{etal Products Manufacturing and Metal Finishing and 

1\-1etal Coating Industry, the hearing having been conducted thereon 

in Washington, D.C., May 10, 1934, in accordance with the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Vise MantJ.facturing Industry, bein<Y truly representative of 

this division of the Fabricated Metal Proa'ucts Manufacturing and 

Metal Finishing and Metal Coating Industry, has elected to avail 

itself of the option of submitting a Supplementary Code of Fair 

Competition, as provided for in Section 1 of Article VI of the Basic 

Codehfor the Fabricated Metal Products Manufacturing and 1\-1etal 

Finis ing and Metal Coating Industry approved by you on the second day of November, 1933. 

RESUME OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. 

Article III. This Industry is a division of the Fabricated Metal 

Products l\'lanufacturing and Metal Finil?hing- and Metal Coating 

Industry and the labor provisions of its Basic Code, as approved 

November 2, 1933, are the labor provisions of this Supplementary 

Code. 

Article IV establishes a Supplementary Code Authority consisting 

of five ( 5) members to be elected at a meeting called by the Temporary Supplementary Code Authority, and gives the. Administrator 

the authority to appoint one additional member without vote and provides machinery for obtaining statistics and the administration of 

the Supplementary Code. 

Article V provides for cost finding and accounting. 

Article VI provides for open price filing. . Article VII provides means for preventing destructive price 

cut tin~. 

Artwle VIII sets forth the unf-air trade practices of this Supplementary Code which have been especially designed to offset unfair 

competition in this division of the Industry. 

Article IX sets :forth that no pro·dsions of this Supplementary 

Code relating to prices or terms of selling, shipping or marketing, 

shaU apply to export trade. 

(2) 
3 

Article X contains the mandatory provisions contained in Section 

10 (b) of the Act and· also provides for the submission of proposed 

amendments to the Supplementary Code. 

Article XI provides against monopolies and monopolistic practices. 

Article XII recognizes that price increases be limited to actual 

additional increases in the seller's costs. 

Article XIII states the effective date and duration of this Supplementary Code. 

FINDINGS 

The Acting Deputy Administrator in his final re.vort to me on 

said Supplementary Code having fopnd as herein set forth and on 

the basis of all the proceedings in this matter : 

I find that: 

(a) Said Supplementary Code is well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

Act, including removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purposes of cooperative actwn among the 

trade groups, by inducinD" and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting 

the fullest possible utilization of the present productive capacity of -

industries, by avoiding undue restriction of production (except as 

may be temporarily required), by increasing the consumption of 

industrial and agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Supplementary Code as approved complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Subsection (a) of Section 3, Subsection (a) of 

Section 7, and Subsection (b) of Section 10 thereof; and that the 

applicant association is an industrial association truly representative 

of the aforesaid industry; and that said association imposes no 

inequitable restrictions on admission to membership therein. 

(d) The Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. 

(c) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate 

against them. 

(f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

Supplementary Code. 

For these reasons, therefore, I have approved this Supplementary 

Code. 

Respectfully, 

SEPTElVrBER 1, 1934. 

HuGH S. JOHNSON, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE VISE MANUFACTURING INDUSTRY 

A DIVISION OF THE F ABTIICATED 1\fETAL PRODUCTS MANUFACTURING AND 

:METAL FINISHING AND 1\fETAL CoATING INDUSTRY 

ARTICLE I-PUP.POSES 

To effectuate the policy of Title 1 o£ the National Industrial Recovery Act, the :following provisions are establ'ished as a Supplementary Code of Fair Competition :for the Vise Manufacturing Industry, 

pursuant to Article VI of the Basic Code of Fair Competition :for 

the Fabricated Metal Products Manufacturing and Metal Finishing 

and Metal Coating Industry, approved by the President of the United 

States on the 2nd day o£ November, 1933, and the provisions o£ this 

Supplementary Code shall be the Standards of Fair Competition 

for the Industry and shall be binding on every memb€.r thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Vise Manufacturing Industry", he::-eafter 

referred to as "the Industry", is defined to mean the manufacture 

for sale of metal Vises, commonly known to the trade as Machinists, 

Filers, Coachmakers, Steamfitters, Combination Vises, Woodworking Vises, Clamp Vises, Solid Box Vises, Cabinetmakers, Bodymakers, Patternmakers, Toolmakers, Universal Vises, Machinists 

Bench Vises, Farmers Vises, Carpenters Vises, Oval Slide Vises, 

Garage and/ or Utility Vises (otherwise termed Steel Bar Vises), 

Universal Vises, Home vVorkshop Vises or Home and Garage Vises, 

or any metal Vises used for the same purpose as the above listed Visos 

are used and not specifically named herein. 

SECTION 2. The term " employee " as used herein, includes any and 

all persons engaged in the Industry however compensated, except a 

member of the Industry. 

SECTION 3. The term "employer" as used herein, includes any one 

by whom any such emplo1.ee is compensated or employed. 

SECTION 4. The term ' member of the Industry" as used herein, 

includes, but without limitation, any individual, partnership, association, corporation or other :form of enterprise engaged in the Industry either as an employer or on his or its own behalf. 

SECTION 5. The terms "President", "Act", and "Administrator" 

us used herein.; shall mean respectively the President of the United 

States, Title 1 of the National Industrial Recovery Act, and the 

Administrator :for Industrial Recovery. 

Sr:cTION 6. The term "Basic Code", as used herein, is defined to 

mean the Basic Code of Fair Competition :for the Fabricated Metal 

Products M~nufacturing and ~1etal Finishing and Metal Coating 

(4) 
5 

Industry, as approved by the President on the 2nd day of November, 

1933. 

SECTION 7. The t erm " Supplementary Code Authority" as used 

herein, means the agency which is to adm]nister this Supplementary 

Code as hereinafter provided. · SECTION 8. The term "Supplementary Code Committee", as used 

herein, is defined to mean the Board of Directors of the Vise Manufacturers Association, authorized by that Association to present this 

Supplementary C{)de. 

SECTION 9. The term " Secretary ", as used herein, is defined to 

Inean the Secretary of the Supplementary Code Authority. 

SEcTION 10. The term "Confidential Agent", as used herein, is 

defined to mean the impartial agency de.signated by the Supplementary Code Authority. 

SECTION 11. The term "Federation", as useCI. herein, is defined 

to mean the Fabricated Metal Products Federation or its successor. 

SECTION 12. The term "Association", as used herein, is defined to 

mean the Vise Manufacturers Association or its successor. 

SECTION 13. The term "special product", as used herein, is defined 

to mean a product of the Industry manufactured by a member of the 

Industry according to specific design and/ or marking andj or other 

specifications stipulated by the purchaser, for sale to one such 

purchaser alone. · 

ARTICLE III-EMPLOYMENT PROVISIONS 

This Industry is a division of the Fabricated lttietal Products 

Manufacturing and Metal Finishing and Metal Coating Industry, 

and without limitation the wage, hour and labor provisions in Article III of its Basic Code as approved by the President November 

2nd, 1933, including Section 1 of said Article III, by which the 

provisions of Sub-section ( 1), ( 2) and ( 3) of Section 7 (a) of Title I 

of the Act are made conditions of this Code, are specifically incorporated herein and made a part hereof as the wage, hour and labor 

provisions of this Supplementary Code. 

ARTICLE IV-OnGANIZATION AND ADMINISTRATION 

SEcTION 1. During the period not to exceed sixty ( 60) days following the effective elate of this Supplementary Code, the Supplementary Code Committee shall constitute a Temporary Supplementary Code Authority, until the Supplementary Code Authority 

is elected. There shall be constituted within the sixty (60) day period a 

Supplementary Code Authority consisting of the President of the 

Association who shall be an ex-officio member with full voting 

powers and five ( 5) elected mmnbers, to be elected by the members 

of the Industry at a meeting called ?by the Temporary Supplementary Code Authority upon ten (10) clays' notice sent by registered n1ail to all members of the Industry, whose names may be 

ascertained after diligent search, who may vote either in person or 

by proxy. The members of the Supplen1entary Code Authority 

first elected shall serve for one year or until such time as their 
6 

successors are elected. Thereafter, members of the Supplementary 

Code Authority shall be elected at a meeting of the members of 

the Industry to be held at the time and place of each annual meeting o:f the Association to serve until the following annual meeting, 

due notice of the time and place of the election to be sent to all 

members of the Industry whose names may be ascertained after 

diligent search. 

The members of the Supplementary Code Authority, except the 

President of the Association, shall be elected in the following 

manner: 

(a) One (1) member, who is a member of the Industry and a 

non-member of the Association, may be elected by a majority vote 

of all non-members of the Association who are present, either in 

person, or by proxy, each member to have one vote. 

(b) Four ( 4) members by a fifty-one percent (51%) vote of the 

members of the Association present, either in person or by proxy, 

weighted on the basis of one vote for each member of the Industry 

and one additional vote for each five thousand dollars ($5,000.00) 

of annual net sales in the previous calendar year reported to the 

Supplementary Code Authority, or any agency designated by it, 

provided, however, that no one member may cast more than twentyfive percent (25%) of the total number of votes cast. 

A vacancy in the membership of the Supplementary Code Authority shall be filled by a majority vote of the remaining members of the 

Supplementary Code Authority, provided, however, that the vacancy 

shall be filled from the class of membership in the Supplementary 

Code Authority in which such vacancy occurs. 

In addition thereto the Administrator may appoint a member of 

the Supplementary Code Authority who without vote shall serve 

without expense to the Industry, unless the Supplementary Code 

Authority agrees to pay such expense. The representative who may 

be appointed by the Administrator, shall be g1ven reasonable notke 

of and may sit at all meetings o:f the Supplementary Code Authority. 

SECTION 2. Each trade association directly or indirectly participating in the selection or activities of the Supplementary Code 

Authority shall: (1) impose no inequitable restrictions on admission 

to membership, and (2) hall submit to the Administrator true copies 

of its Articles of Association, By-Laws, Regulations and any amendments made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem 

necessary to effectuate the purposes of the Act. 

SECTION 3. In order that the Supplementary Code Authority shall 

at all times be truly representative of the Industry and in other 

respects comply with the provisions o:f the Act, the Administrator 

may prescribe such hearings as he may deem proper; and, thereafter, if he shall find that the Supplementary Code Authority is not 

truly representative or does not in other respects comply with the 

provisions of the Act, may require appropriate modification of the 

Supplementary Code Authority. 

SECTION 4. It being found necessary in order to support the administration of this Supplementary Code and to maintain the standards 

of f aN- competition established hereunder and to effectuate the policy 

of the Act, the Supplementary Code Authority is authorized: 
1 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be raised as hereinafter _provided and which 

shall be held in trust for the purposes of the Supplementary Code. 

(b) To submit to the Administrator for his approval, subject 

to such notice and .opportunity to be heard as he may deem necessary ( 1) an itemized budget of its estimated expenses for the foregoing purposes, and (2) an equitable basis upon which the funds 

necessary to support such budget shall be contributed by members 

of the Industry. 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribution us above set forth by all members of the Industry1 and 

to that end, if necessary, to institute legal proceedings therefor 1n its 

own nam.e. 

Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Supplementary 

Code Authority, d·etermined as hereinabove provided, and subject 

to rules and regulations pertaining thereto issued by the Administrator. Only member Industry complying with the Supplementary 

Code and contributing to the expenses of its administration as 

hereinabove provided, unless duly exempted from making such contributions, shall be entitled to partici;pate in the selection of members 

of the Supplementary Code Authonty or to receive the benefits of 

any of its voluntary activities or to make use of any emblem or 

insignia of the National Recovery Administration. 

The Supplementary Code Authority shall neither incur nor pay 

any obligation substantially in excess of the amount thereof as 

estimated in its approved budget, and shall in no event exceed the 

total amount contained in the approved budget except upon the 

approval of the Administrator; and no subsequent budget shall 

contain any deficiency item for expenditures in excess of prior 

budget estimates except those which the Administrator shall have 

so approved. 

SECTION 5. The Supplementary Code Authority shall have all the 

powers and duties which shall be necessary and proper to enable it 

to fully administer this Supplementary Code and to eff·ectnate its 

purposes. 

vVithout limitation to the foregoing_or any other powers or duties 

provided for in this Supplementary Code, the Supplementary Code 

Authority shall have the following further powers and duties: 

(a) To adopt By-Laws and Rules and Regulations for its procedure. 

(b) To obtain from the members of the Industry, through its 

Confidential Agent, such information and reports as required for 

the administration of this Supplementary Code. In addition to 

information required to be submitted to the Supplementary Code 

Authority the members of the Industry, subject to this Supplementary Code, shall furnish such statistical information as the 

Administrator may deem necessary for the purposes recited in Sec- tion 3 ( :;t) of the Act, to such Federal and State agencies as he may 

designate; provided that nothing in this Supplementary Code shall 

relieve any member of the Industry of ai).y existing obligations to 
8 

furnish reports to any Government agency. No individual report 

shall be disclosed to any other members of the Industry or any other 

party except to such other Governmental agencies as may be directed 

by the Administrator. 

(c) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Supplementary 

Code Authority of its duties or responsibilities under this Supplementary Code and that such trade associations and agencies shall 

at all t imes be subject to and comply with the provisions hereof. 

(d) To make recommendations to the Administrator for the 

coordination of the admi..'listration of this Supplementary Code with 

such other codes, if any, as may be related to or affect the members 

of this Industry. 

(e) To appoint a trade practice Committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the Industry for the purpose of formulating fair 

trade practices to govern the relationships between ~production and 

distribution employers und~r this Supplementary Code and _ under 

8uch others to the end that such fair trade practices may be proposed 

to the Administrator as amendments to this Supplementary Code 

and such other codes. 

(f) To recommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(g) To furnish from time to time to the Basic Code Authority designated in said Basic Code such information as may be required to 

be furnished under the terms of the Basic Code. 

(h) To appoint a committee, with consumer and governmental 

r epresentatives designated by the Administrator, to make a study 

of dimensional and quality standards to be applied to the products 

manufactured by this Industry. Such committee shall report within 

at least six (6) months to the Supplementary Code Authority, and 

if the recommendations of said committee are approved by the Supplementary Code Authority and the Administrator, the standards 

thus established shall be adhered to by all members of this Industry 

in manufacturing the products of this Industry. 

SECTION 6. Pursuant to the provisions of the Act and subject to 

such rules and regulations as the Administrator may prescribe, the 

Supplementary Code Authority shall have the power to investigate 

all complaints filed with it by one member of the Industry against 

another member of the Industry. In the event of complaint being 

registered with the Supplementary Code Authority against any corporate member of the Industry, alleging a violation of this Supplementary Code, the Supplementary Code Authority may cause an 

investigation to be made by a person mutually agreed upon by the 

Supplementary Code Authority and the member of the Industry 

against whom the complaint is filed, or, if they are unable to agree 

within a reasonable time, by a disinterested person appointed by the 

Administrator. The Supplementary Code Authority may require 
9 

the member complained against to file with such investigator, within 

such reasonable time after receipt of a copy of the complaint, if the 

Supplementary Code Authority shall determine, an answer to such 

complaint accompanied by supporting data. Both answer and data 

shall be verified by affidavit. The investigator shall examine so 

much of the pertinent books and records of such member as may be 

required to verify the statements contained in said answer andj or 

the accuracy of the data supporting such statements. If the matter 

cannot thereafter be satisfactorily adjusted within the Industry, the 

facts may be J?laced before the Basic Code Authority to be presented 

to the Admimstrator for such procedure as he may deem ad vis able 

under the Act. 

SECTION 7. All individual and private information received by the 

Supplementary Code Authotity through the Confidential Agent, or 

as a result of investigation shall be held in strict confidence and not 

disclosed to any competitor or other persqns without the permission 

of the member of the Industry involved. 

SECTION 8. To the extent permitted by the Act and subject to such 

rules and regulations as the Administrator may prescribe, any or all 

information furnished to the Supplementary Code Authority by any 

member of this Industry pursuant to the provisions of this Supplementary Code shall be subject to verification by an impartial agency 

agreed upon by the Supplementary Code Authority and the memoor 

of the Industry in question, and, failing such agreement, such impartial agency shall be selected by the Administrator, which impartial 

agency may check so much of the pertinent books, accounts and 

records of such members of the Industry as may be required to verify 

the accuracy of the information so furnished. 

SECTION 9. ~very employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Supplementary Code Authority to the Administrator within three (3) 

n1onths after the effective date of the Supplementary Code. 

SECTION 10. Nothing contained in this Supplement ary Code shall 

constitute the members of the Supplementary Code Authority partners for any purpose. Nor shall any member of the Supplementary 

Code Authonty be liable in any manner to anyone for any act of any 

other member, officer, agent or employee of the Supplementary Code 

Authority. Nor shall any member of the Supplementary Code 

Authority exercising reasonable diligence in the conduct of his duties 

hereunder! be liable to anyone for any action or omission to act under 

this Supp ementary Code, except for his own willful malfeasance or 

non-feasance. 

SECTION 11. I£ the Administrator believes that any action of the 

Supplementary Code Authority or any agency thereof is unfair or 

unjust or contrary to the public interest, the Administrator may 

require that such action be suspended to afford an opportunity for 

investigation of the merits of such action. Further action by such 

Sup,plementary Code Authority or agency regarding the matter cmnplainecl of may be t aken if approved by the Administrator, but shall 

not beJ t aken if disapproved by the Administrator within thirty (30) 

days of notice to him. of intention t o proceed with such action. 
10 

ARTICLE V-CosT FINDING AND AccouNTING 

The Supplementary Code Authority shall cause to be formulated 

methods of cost finding and accounting capable of use by all members of the Industry, and shall submit such methods to the Administrator for review. If approved by the Administrator, full information concerning such methods shall be made available to all members 

of this Industry. Thereafter, each member of this Industry shall 

utilize such methods to the extent found practicable. Nothing herein 

contained shall be construed to permit the Supplementary Code 

Authority, any agent thereof, or any member of this Industry to 

suggest uniform additions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary 

uniformity of costs or prices. 

ARTICLE VI-OPEN PRICE FILING 

SECTION 1. Each member of this Industry shall file with a confidential and disinterested agent of the Supplementary Code Authority or, if none, then with such an agent designated by the Administrator, identified lists of all his prices, discounts, rebates, allowancesi and all other terms or conditions of sale, hereinafter in this 

Artie e 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 this Industry as are sold or offered for 

sale by said member of this Industry and for such non-standard prodnet of said member of this Industry as shall be designated by the 

Supplementary Code Authority. Said price terms shall in the first 

instance be filed within 10 days after the date of approval of this 

Supplementary Code. Price terms and revised price terms shall 

become effective immeaiately 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 

r eceipt. Such lists and revisions, together with the effective time 

thereof, sh all upon receipt be immediately and simultaneously distributed to all members of this Industry and to all of their customers who have applied therefor and have offered to defray the 

cost actually incurred by the Supplementary Code Authority in the 

preparation and distribution thereof and be available for inspection 

by any of their customers at the office of said Agent. Said lists or 

revisions or any part thereof shall not be made available to any person until released to all members of the Industry and their customers, 

as aforesaid; provided, that prices filed in the first instance shall not 

be released until the expiration of the aforesaid 10 da,y period after 

the approval of this Supplementary Code. The Supplementary 

Code Authority shall maintain a permanent file of all price terms 

filed as herein provided, and shall not destroy any part of such 

records except upon written consent of the Administrator. Upon 

request 1 the Supplementary Code Authority shall furnish to the 

Administrator or any duly designated Agent of the Administrator 

copies of any such lists or revisions of price terms. 
11 

SECTION 2. When any member of this Industry has filed any revision, such member of this Industry shall not file a higher price 

within 48 hours. 

SECTION 3. No member of this Industry shall sell or offer to sell any 

products/ services of the Industry1 for which price terms have been 

filed pursuant to the provisions of this Article, except in accordance 

with such price terms. 

SECTION 4. Each member of this Industry shall furnish the said 

Agent for distribution with such number of copies of his price list as 

the Supplementary Code Authority may prescribe. 

SECTION 5. No member of this Industry shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of this Industry to change his price terms by the use of intimidation, coer cion, or 

any other influence inconsistent with the maintenance of the free and 

open market which it is the purpose of this Article to create. 

SECTION 6. The provisions of this Article VI shall not apply to 

the offer for sale or sale of special products as defined in Article II 

of this Supplementary Code. 

SECTION 7. Nothing in Article VI of this Supplementary Code 

shall a.pply to sales to employees for their own use or between members of the Industry, provided that such sales shall not be below cost, 

and provided further that resale of such products by the purchasing 

members of the Industry shall be in accord with the provisions of 

this Supplementary Code. 

ARTICLE VII -CosTs AND PmcE CuTTING 

SECTION 1. The standards of fair competition for this Industry 

with reference to pricing practices are declared to be as follows: 

(a) "\Vilfully destructive price cutting is an unfair method of competition and is forbidden. Any member of this Industry or of any 

other Industry or the customers of either may at any time complain 

to the Supplementary Code Authority that any filed price constitutes 

unfair competition as destructive price cutting, imperiling small 

enterprices or tending toward monopoly or the impairment of code 

wages and working conditions. The Supplementary Code Authority shall within 5 days afford an opportunity to the member filing 

the price to answer such complaint and sha.ll withi.Tl 14 days make 

a ruling or adjustment thereon. If such ruling is not concurred in 

by either party to the complaint, all papers shall be referred to the 

Research and Planning Division of N.R.A. which shall render a 

report and recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended 

that sound cost estjmating methods should be used and that consideration should be given to costs in the determination of pricing 

policies. 

(c) vVhen an emergency exist~ as to any g;iven product,, sale below 

the stated minimum price of such products, 1n violation of Section 2 

hereof, is forbidden. 

SECTION 2. E1nergency Provisions.-(a) If the Administrator, 

after investigation shall at any time find both (1) that an emer-
12 

gency has arisen within this Industry adversely affecting small enter· 

prises or wages or labor conditions, or tending toward monopoly or 

other acute conditions which tend to defeat the purposes of the Act J 

and (2) that the determination of the stated minimum price for a 

specified product within this Industry for a limited period is necessary to mitigate the conditions constituting such emergency and to 

effectuate the purposes of the Act, the Supplementary Code Authority may cause an impartial agency to investigate costs and to recommend to the Administrator a determination of the stated minimum 

price of the product affected by the emergency and thereupon the 

Administrator may proceed to determine such stated minimum price. 

(b) When the Administrator shall have determined such stated 

minimum price for a specified product for a stated period, which 

price shall be reasonably calculated to mitigate the conditio;ns of 

such emergency and to effectuate the purposes of the National Industrial Recovery Act, he shall publish such price. Thereafter, 

during such stated period, no member of this Industry shall sell 

such specified products at a net realized price below said stated 

minimum price and any such sale shall be deemed destructive price 

cutting. From time to time, the SuJ?plementary Code Authority 

may recommend review or reconsideration or the Administrator may 

cause any determination hereunder to be reviewed or reconsidered 

and appropriate action taken. 

ARTICLE VIII-UNFAIR TRADE PRACTICES 

In addition to the unfair tra.de practices covered in Article V of 

the Basic COde, except sections A, B, and F thereof, which are made 

a part hereof the same as though repeated and set forth at length, 

for all purposes of this Supplementary Code, the following described 

acts shall constitute unfair tra.de practices. Any member of the 

Industry who shall use or employ any of such unfair trade practices 

shall be guilty of a violation of this Supplementary Code. 

RULE 1. Secret Rebates.-N o member of the Industry shall secretly offer or make any payment or allowance of a rebate, refund, 

commission, credit, unearned discount or excess allowance, whether in 

the form of money or otherwise, nor shall a member of the Industry 

secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose 

of influencing a sale. 

RULE 2. No member of the Industry shall withhold from, or 

insert in, any invoice a false record wholly or in part of the transaction represented on the face thereof. 

RULE 3. No member of the Industry shall perm.it the splitting of 

commissions or other compensation for the sale of any product of 

the Industry received by his employee or agent with the buyer, or 

his agent, for the purpose of influencing a sale. 

RULE 4. No member of the Industry shall offer or give prizes, 

premiums or gifts to purchasers or their agents in connection with 

the sale of products of the Industry or as an inducement thereto in 

any manner which involves commercial bribery in any form. 

RULE 5. No member of the Industry shall give any allowance for 

used products of the Industry unless sold with the privilege o:f 
13 

return. Nothing contained in this rule shall be construed to prohibit 

a member of the Industry from allowing credit for or making free 

replacement of any product of his own manufacture because o£ 

errors in shipment or which is defective either as to material or 

workmanship. 

RULE 6. No member of the Industry shall give catalog allowances 

to distributors or those persons publishing for them. Nothing contained in this rule shall be construed to prohibit legitimate and 

bona fide advertising allowances. 

RULE 7. No member of the Industry shall guarantee prices on 

products of the Industry, except special products, against decline 

ooyond the date of shipment. 

RULE 8. No member of the Industry shall accept an order at old 

prices as published in accor dance with the provisions of Article VII, 

after the effective date of any change in price. 

RULE 9. No member of the Industry shall accept an order for 

future delivery unless the terms of sale as to price, specifications 

and delivery are definitely stated, provided, however that the provisions of this Rule shall not apply to the sale of special products. 

RULE 10. No member of the Industry shall fail to brand the products of the Industry manufactured by him with his trade-m.ark, 

trade-name or some other mark of identification. 

RuLE 11. No member of the Industry shall accept return of merchantable surplus goods except for merchandise credit only, such 

credit to be subject to deduction for transportation costs, for any 

necessary r efinishing, and a charge for handling. Nothing in this 

Rule 11 shall be construed to conflict with the provisions of Rule 5 

of this Article. 

RULE. 12. No member of the Industry shall grant an; more favorable terms of payment than 60 days net from date o shipment or 

2% for cash, on the tenth day of the month, for shipments made 

during the preceding month. 

RuLE. 13. No member of the Industry shall ship goods on consignment except under circumstances to be defined by the Supplementary Code Authority where peculiar circumstances of the trade 

or industry r equire the practice. 

RuLE. 14. No member of the Industry shall brand or mark or pack 

any goods in any manner which is intended to or does deceive or 

mislead purchasers with respect to the brand grade, quality, quantity, origin, size, sub tance, character, nature, fin1sh, material, content 

or preparation of such goods. 

ARTICLE IX-E:s:PORT TRADE 

No prov1s10ns of this Supplementary Code relating to prices or 

terms of selling, shipping or marketing, shall apply to export trade 

or sales or shipments for export trade. "Export Trade" shall be as 

defined in the Export Trade Act adopted April 10, 1018. 

ARTICLE X-MODIFICATIONS 

SECTION 1. As provided in Section +O (b) of the Act, the President 

may from time to time cancel or modify any order, approval, license, 

rule or regulation issued under Title I of the Act. 
14 lllllllllllim~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~lillllllllll 3 1262 08584 2242 

SECTION 2. This Supplementary Code1 except as to provisions 

required by the Act, may be modified and/or amended on the basis 

of experience or changes in circumstances, such modifications andjor 

amendments to be based upon application by the Supplementary 

Code Authority or other representative g_roup within the Industry 

to the Administrator and such notice and hearing as he shall specify 

and to become effective as pa.rt of this Supplementary Code on the 

approval by the President. 

ARTICLE XI-MoNOPOLY 

No provision of this Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practices, or to eliminate, oppress or discriminate against small enterprises. 

ARTICLE XII-PRICE INCREASE 

Whereas the policy of the Act to increase real J?Urchasing power 

will be made more difficult of consummation if pnces of goods and 

services increase as rapidly as wages\ it is recognized that price 

increases, except such as may be required to meet individual cost, 

should be delayed, and when made, such increases should, so far 

as possible, be limited to actual additional increases in the sellers' 

costs. 

ARTICLE XIII-EFFECTIVE DATE AND DuRATION 

This Supplementary Code shall become effective at 12: 01 o'clock 

A.M., Eastern Standard Ti~e on the tenth day after .it is approved 

by the President and shall continue in effect until June 16, 1935, 

or the earliest date prior thereto on which the President shall, by 

proclamation, or the Congress shall, by joint resolution, declare that 

the emergency recognized by Section 1 of the National Industrial 

Recovery Act has ended. 

Approved Code No. 84-Supplement No. 50. 

Regia try No. 139{)-61. 

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