Approved Code No. 84-Supplement No. 17 

Corrected Copy Registry No. 1702-2-06 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTAL 

CODE OF FAIR COMPETITION 

FOR THE 

ADVERTISING 

METAL SIGN AND DISPLAY 

MANUFACTURING INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON APRIL 20, 1934 

WE DO OUR PART 

' . -. 

U .. 0EPO~TO :' - YNfll-ED-STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents. Wasbine;ton, D.C. - - - - - - - - Ptice 5 cen~ 

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

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

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Builciing. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse . .Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 17 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

ADVERTISING METAL SIGN AND DISPLAY 

MANUFACTURING INDUSTRY 

As Approved on April 20, 1934 

ORDER 

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE 

ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY 

A DIYISION OF THE FABRICATED METAL PRODUCTS MANUFAOTURING AND 

METAL FINISHING AND METAL COATING 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, and in accordance with 

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 Advertising Metal Sign 

and Di play Manufacturing Industry; and hearings having been duly 

held thereon; and the annexed report on said Supplementary Code, 

containing findings with respect thereto, having been made and 

c1irected to the President : 

NO"\V, THEREFORE, on behal:f of the President of the United 

States, I: Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to autho-rity 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 

jn all respects with the pertinent provisions and will promote the 

policy and purposes of said Title of said Act; and do hereby order 

that said Supplementary Code of Fair Competition be and it is hereby approved. This Order and approval shall take effect fifteen 

(15) days after the effective date unless good cause to the contrary 

be shown to the Administrator in Room 4217, Commerce Building, 

Washington, D. C., before that time and the Administrator issues 

a subsequent order to that effect. 

HUGH S. JOHNSON, 

Administrator for Industrial, Recovery. 

Approval recommended: 

A. R. GLANCY, 

Divwion Administrator. 

WASHINGTON, D.C., 

April fO, 1934. 

68628°-6"-7~ (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Supplementary Code of Fair Competition for the Advertising Metal Sign and Display Manufacturing 

Industry?..~ division of the Fabricated Metal Products Manufacturing and lVletal Finishing and Metal Coating Industry, and on the 

hearing conducted thereon in Washington, D.C., March 30, 1934, 

in accordance with the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Advertising Metal Sign and Display Manufacturing Industry, 

being truly representative of this division of the Fabricated Metal 

Products Manufacturing and Metal Finishing and Metal Coating 

Industry, has elected to avail itself of the option of submitting a 

Supplementary Code of Fair Practice as provided for in Section 1 

of Article VI of the Basic Code, for the Fabricated Metal Products 

Manufacturing and Metal Finishing 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 1n the 

Supplementary Code. 

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

Products Manufacturing and ~1etal Finishing and Metal Coating 

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

November 2, 193'3, are the labor provisions of this Supplementary 

Code. 

Article IV, establishes a Supplementary Code Authority consisting of six (6) members of the Advertising Metal Sign and Display 

Manufacturing Association or its successor, and one (1) member 

chosen from the Industry by the vote of the members thereof, and 

gives the Administrator the authority to appoint one (1) additional 

member without vote and provides machinery for obtaining statistics 

and the administration of the Supplementary Code. 

Article V sets forth the cost provisions of this Supplementary 

Code. 

Article VI sets forth the fair trade practices of this Supplementary 

Code which has been especially designed to effect fair competition 

in this division of the Industry. 

Article VII contains the mandatory provisions contained in Section 10 (b) of the Act and also provides for the submission of 

proposed amendments to the Code. 

Article VIII provides against monopolies and monopolistic 

practices. 

Article IX sets forth that price increases be limited to actual additional increases in sellers' costs. · 

(2) 
3 

FINDINGS 

The Deputy Administrator in his final report to me on said Supplementary Code having found 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 fl.ow of interstate and foreign commerce which tend to diminish the amount 

thereof and will provide for the general welfare by promoting the 

organization of industry for the purpose of cooperative action 

among the trade groups, by inducing 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. 

( e) 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. 

The Industry requested that it be included under the Code of 

Fair Competition for the Marking Devices Industry, and this was 

considered at a Public Hearing in connection with certain proposed 

amendments to the Marking Devices Industry Code. Later the 

Industry felt it should come under the Basic Code of Fair Competition 

for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and a Public Hearing was held 

March 30, 1934, to consider and decide this request. I have placed 

a fifteen (15) day stay on my approval in order that all interested 

persons shall have due notice of my approval and an opportunity 

to protest. 

Respectfully, 

HuGH S. JOHNSON, AdministratO'r. 

APRIL 20, 1934. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED AND METAL PRODUCTS MANUFACTURING 

AND METAL FINISHI G AND METAL COATING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is e tablished as a Supplementary Code of 

Fair Competition for the Advertising Metal and Display Manufacturing Industry. Pursuant to Article VI of the Basic Code of Fair 

Competition for the Fabricated Metal Products Manufacturing and 

_Metal Finishing and J\1etal Coating Industry, approved by the President on the 2nd day of November, 1933, the provisions of this Supplementary Code shall be the standards of fair competition of such 

industry and shall be binding upon every member of the Industry. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "The Advertising Metal Sign and Display 

Manufacturing Industry" or "Industry" is defined to mean the 

manufacturing of advertising signs and advertising or merchandising displays which are fabricated entirely, or in substantial part, 

of metal processed or decorated with lacquers, paint, inks, or other 

similar materials by means of production methods ordinarily used 

in the making of metal signs or displays in quantities of like size 

and design. It shall also be defined to cover and include the making 

and/ or the furnishing of incidental signs and display accessories, 

such as erecting materials, brackets, supplementary imprint panels,. 

and lettering of imprints, without limitation of number. 

SEc. 2. The term "J\1ember 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. 

SEc. 3. The term "employee" as used herein includes any and all 

persons engaged in the Industry, howe-\ er compensated, except a 

member of the Industry. 

SEC. 4. The term "employer" as used herein includes anyone by 

whom any such employee is compensated or employed. 

SEc. 5. The terms "Act" and "Administrator" a used herein 

mean, respectively, Title I of the National Industrial Recovery Act, 

and the Administrator for Ind us trial RecoYery. 

SEc. 6. The term "President" as used herein means the President 

of the United States. 

SEc. 7. The term "Basic Code" as used herein means the Basic 

Code of Fair Competition for the Fabricated Metal Products Manu-

( 4) 
5 

facturing and Metal Finishing and Metal Coating Industry, approved by the President of the United States on the 2nd day of 

November, 1933. 

SEc. 8. The term "Supplementary Code Authority" as used 

herein shall mean the agency which is to administer this Supplementary Code, as hereinafter provided. 

SEc. 9. The term "Supplementary Code Authority's Agency ' as 

used herein shall mean the Secretary of the Advertising Metal ign 

and Display Manufacturer's Association or his successor, or any other 

person whom the Supplementary Code Authority may designate. 

SEc. 10. The term "Association" as used herein shall mean the 

Advertising Metal Sign and Display :Manufacturer's Association or 

its successor. 

SEC. 11. The term "Federation" as used herein shall mean the 

Fabricated Metal Products Federation or its successors. 

ARTICLE III-LABOR PROVISIONS 

SECTION 1. This Industry is a division of the Fabricated Metal 

Products Manufacturing and Metal Finishing and Metal Coating 

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

on November 2nd, 1933, including Section 1 of said Article III by 

which the provisions of Sub-Sections (1) (2) and (3) of Section 

7 (A) of Title I of the Act are made conditions of the Code, are 

specifically incorporated herein and made a part hereof as the wage. 

hour and labor provisions of this Supplementary Code. 

ARTICLE IV-ADMINISTRATION 

SECTION 1. Pending the selection of the permanent Supplementary 

Code Authority, which shall be made, as hereinafter provided, within 

sixty (60) days following the effective date of this Supplementary 

Code, the Code Committee of the Association shall constitute a temporary Supplementary Code Authority. 

SEc. 2. A permanent Supplementary Code Authority is hereby 

established, consisting of seven (7) members to be selected within 

the above mentioned ixty ( 60) day period and to be elected in the 

following manner : 

(a) Six (6) members of such Supplementary Code Authority, who 

shall be members of the Industry and mem.bers of the Association. 

shall be nominated and elected by the members of the Association. 

(b) One (1) member of such Supplen1entary Code Authority who 

hall be a member of the Industry and a non-member of the As ociation (provided that there are such members of the Industry who 

are not member of the A ociation) shall be nominated and ele ted 

by the members of the Indu try who are non-members of the 

Association. 

Members of the Supplementary Code Authority shall be nominated 

and elected at a meeting called by the temporary Supplementn1 

Code Authority, upon thirty (30) day's notice by mail to all known 

members of the Industry who may vote in person or by proxy, or 

by letter ballot. Each member of the Industry shall have one vote .. and the election hall be by a majority of the ballots cast. 
6 

In the event that the non-members of the Association fail to nominate and elect such non-association member of the Supplementary 

Code Authority, such member shall be nominated and elected by the 

members of the Industry, then present in person or by proxy. 

The members of the Supplementary Code Authority first selected 

shall serve until the time of the following annual meeting of the 

Association. Thereafter, members of the Supplementary Code Authority shall be nominated and elected at a meeting of the Industry 

held at the same time and place as the annual meeting of the Association, and shall serve for a period of one year or until their successor 

shall qualify. 

It shall be the duty of the Supplementary Code Authority to give 

thirty (30) days notice, by mail, to all known members of the Industry, of the time and place of such meetings of the Industry. 

Vacancies occuring in the membership of the Supplementary Code 

Authority shall be filled by a majority vote of the remaining members 

of the Supplementary Code Authority. 

In addition thereto, the Administrator may appoint one member of 

the Supplementary Code Authority who shall be without vote. 

SEc. 3. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Supplementary ·Code Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its 

Articles of Association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to 

membership, organization, and activities as the Administrator 1nay ,deem necessary to e:ff ectuate the purposes of the Act. 

SEc. 4. In order that the Supplementar3 Code Authority shall at 

.all times be truly repre entatiYe of the Industry and in other respects 

comply with the proYi ions of the Act, the Administrator may prescribe such hearings a he may deem proper; and thereafter if he 

shall find that the Supplementary Code Authority is not truly repre- sentative or does not in other respects comply with the provisions 

of the Act, may r equire an appropriate modification of the method 

of election of the Supplementary Cocle Authority. 

SEc. 5. Member of the Industry shall be entitled to share the 

benefits of the activities of the Supplementary Code Authority and 

to participate in the selection of the members thereof by assenting 

to and complying with the requirements of this Supplementary Code 

and sustaining their reaso11able share of the expenses of its administration. Such reasonable hare of the expenses of administration 

shall be determined by the Supplementary Code Authority subject 

to review by the Administrator, on the basis of volume of business 

and/or such other factors as may be deemed equitable. 

SEC. 6. Nothing contained in this Supplern.entary Code shall constitute the members of the Supplementary Code Authority partners 

for any purpose. Nor shall any members of the Supplementary 

Code Authority be Ii able 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 Supplementary Code, except for his own willful 

1nalfeasance or non-fea ·ance. 
7 

SEc. 7. If the Administrator determines that any action of the 

Supplementary Code Authority or any agency thereof may be 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 and further consideration 

by such Supplementary Code Authority or agency, pending final 

~ction which shall not be effective unless the Administrator approves 

or unless he shall fail to disapprove after thirty days' notice to 

him of intention to proceed with such action in its original or modified form. 

POWERS AND DUTIES 

S'Ec. 8. The Supplementary Code Authority shall have the following further powers and duties: 

(a) Subject to such rules and regulations as may be prescribed 

by the Administrator to adopt ?Y:laws, rules and regulations for 

jts procedure and for the adm1mstrat10n of the Supplementary 

Code. 

(b) 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 times be subject to and comply with the provisions hereof. 

( c) 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 relationship between production and distribution employers under this code and under such 

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

to the Administrator as amendments to this Supplementary Code 

a,nd such other Codes. 

( d) To cooperate with the Administrator in regulating the use 

of the N.R.A. Insignia solely by those e1nployers who have assented 

to and are complying with this Supplementary Code. 

(e) To initiate, consider, and make recommendations for the modification or amendment of this Supplementary Code. 

(f) To obtain from members of the industry such information 

and reports as are required for the administration of the Supplementary Code. In addition to information required to be submitted to the Supplementary Code Authority, 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 Section 3 (a) of the Act to such Federal and State 

agencies as he may designate; providedbthat nothing in this Supplementary Code shall relieve any mem er of the industry of any 

existing obligations to furnish reports to any government agency. 

No individual report shall be disclosed to any other member of the 

industry or any other party except to such other governmental 

agencies as may be directed by the Administrator. · (g) To secure from members of the industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Supplementary Code Authority and its activities. 
8 

ARTICLE V-COSTS 

The Supplementary Code Authority shall cause to be formulated 

an accounting system and methods of cost finding and/or estimating 

capable of use by all members of the industry. After such system 

and methods have been formulated and approved by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members shall determine and/or estimatecosts in accordance with the principles of such methods. 

ARTICLE VI-TRADE PRACTICES 

The following Acts as described supersedes Article V of the 

Basic Code and shall constitute Unfair Methods of Competition and 

are prohibited. · SECTION 1. Selling B elow Oost.-The selling of products below 

the cost thereof except to meet the selling price of any lower cost 

producer or importer who is not violating the provisions of the Basic 

Code or this Supplementary Code. Costs in all cases shall be determined in accordance with a system of accounting as referred to in 

Article V. 

SEc. 2. S ecret Rebates.-Withholding from, or inserting in any 

invoice a f alse record, wholly or in ,part, of the transaction represented on the face thereof, and the payment or allowance of secret 

rebates, secret refunds, secret credits, unearned discounts ( whether 

in the forn1 of money or otherwise). 

SEc. 3. Defamation.-Defaming competitors by falsely imputing. to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations or by the 

false disparagement of the grade or quality of their goods. 

SEc. 4. U surpation.-To imitate or simulate the trade mark, trade 

name, package, wrapper, or label of a competitor's product to such 

a degree as to deceive or have a tendency to deceive customers. 

SEo. 5. Commercial Bribery.-Giving, permitting to be given, or 

directly offering to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such 

employee, the principal of such agent or the _represented party, without the knowledge of such employer, principal, or party. This 

provision shall not be construed to prohibit free and general distribution of articles commonly used for advertising, except so far as 

such articles are actually used for commercial bribery, as hereinabove 

defined. 

SEc. 6. False Marking and Branding.-False marking or branding of any product of the Industry which has the tendency to mislead 

or deceive customers or prospective customers, whether as to the 

grade, quality, quantity, substance, character, nature, origin, size! 

finish, or preparation of any product of the Industry, or otherwise. 

SEo. 7. Llfisrepresentation or False llfisleading Advertising.-Making, causing, or knowingly permitting to be made or published any 

false, materially inaccurate, or deceptive statement by way of advertisement or otherwise, whether concerning the grade, quality t 
9 

quantity, substance, character, nature, origin, size, finish, or preparation of any product of the Industry, or the credit terms, value~ 

policies, or services of any member of the Industry, or otherwise. 

having the tendency or capacity to mislead or deceive customers or 

prospective customers. 

SEc. 8. Giving of Guarcuntees.- Since no guarantees as to the 

durability of the Industry's products are made by reputable paint 

or other supply houses in respect to materials purchased for this 

I ndustry's products, and, further, since this Indw,try has no control 

over climatic or atmospheric conditions or places where its products 

are distributed, no member of the Industry shall guarantee the 

durability of any product of the Industry; provided, however, that. 

nothing in this Section 8 shall be construed to prevent reasonable 

guarantees as to workmanship. 

SEc. 9. E stiniating .- Estimating the cost of .framed or unframed 

metal signs on a square foot b·asis. Each size of metal signs shall be 

figured on its own merits, accordingly to the material required. 

SEc. 10. Qwotation.- Permitting any salesman to represent a member of the Industry without designating to the salesman the minimum selling price to all buyers of the Industry's products. 

SEc. 11. Terms.-Granting terms other than net cash thirty (30) 

days or, if discount is allowed, such discount shall not be in excess 

of one (1 % ) percent for cash, in ten (10) days or within such period 

as a customer uniformly discounts his bills. All goods shall be sold 

F.O.B. point of manufacture with no freight allowance or equalization and where a customer insists upon a delivered price, fuU 

transportation charges shall be included in the selling price. 

ARTICLE VII-MONOPOLIES 

No provision of this Supplementary Code shall be so applied to 

permit monopolies or monopolistic practices, or to eliminate, oppress1 

or discriminate against small enterprises. 

ARTICLE VIII-~IODIFICATIONS 

SECTION 1. This Supplementary Code and all the prov1s10ns 

thereof are expressly made subject to the right of the P1·esident, in 

accordance with the provisions of Subsection (b) of Section 10 of 

the Act, .from time to time to cancel or modify any order, approval, 

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

SEc. 2. Such of the provisions of this Supplementary Code as are 

not required to be included therein by the Act may, with the 

approval of the Administrator, be modified in such manner as may 

be indicated by the needs of the public, by changes in circumstances, 

or by experience. Such modification to be based upon application 

to the Administrator after such notice and hearing as he may 

specify; and become effective on approval by the President. 
10 

ARTICLE IX-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods nnd 

services increase as rapidly as wages, it is recognized that a price 

increase except such as may be required to meet individual cost 

should be delayed1 but when made, such increase should, so far as 

pos.sible be limited to actual increase of the seller's cost. 

ARTICLE X-EPFEOTIVE DATE 

This Supplementary Code shall become eff~ctive at 12: 01 A.M., 

on the tenth day after its approval by the President. 

Approved Code No. 8~Supplement No. 17. 

Registry No. 1702-2-06. 

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