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Approved Code No. 344 Registry No. 1123-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

METAL LATH I 

MANUFACTURING INDUSTRY 

AS APPROVED ON MARCH 17, 1934 

WE DO OUR PART 

' I I O-= , ... .. __ _ 

. U I .S. DEPOfflTORY 

-------------- UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superinteudeot of Documents, Governme:it 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE D"£P ARTMENT 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, l\'[ich.: 801 First Nationa l Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, l\Io.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La. : Room 225-A, Customhouse. New York, N.Y. : 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadf'lphia, P a.: 422 Commer cial 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. 

Sea ttle, Wash.: 809 Federal Office Building. 
Approved Code No. 344 

CODE OF FAIR COMPETITION 

FOR THE 

METAL LATH MANUFACTURING INDUSTRY 

As Approved on March 17, 1934 

ORDER 

APPROYTXG CODE OF FAIR COMPETITION FOR THE METAL LATH 

MANUFACTURING INDUSTRY 

An application ha¥ing 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 approval of a Code of Fair 

Competition for the Metal Lath Manufacturing Industry, and hearings having been duly held thereon and the annexed report on said 

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 Code complies in all respects with the 

pertinent provision and will promote the policy and purposes of said 

Title of said Act; and do hereby order that said Code of Fair Competition be and it is hereby approved. 

ApproYal recommended: 

,v. A. HARRIMAN, 

HUGH s. JOHNSON, 

Adm,inistrator for Industrial Recovery. 

Dii is ion Ad1ninistrator. 

WASHI~GTO~, D.C., 

March 17, 1934. 

47016°-425-9~3.f (195) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The vV hite H ouise. 

Sm: This is a report on the Code of Fair Competition for the 

Metal Lath Manufacturing Industry in the United State as revised 

after a public hearing conducted in Washington on November 23, 

1933, in accordance with the provisions of Title I of the National 

Industrial Recovery Act. 

PROYISIONS AS TO HOURS AND WAGES 

Between November 1st and March 1st employees are not permitted 

to work more than thirty-two hours a week and eight hours a day. 

During the other eight months of the year, employees are not permitted to work more than forty hours a week and eight hours a day. 

To meet production peaks, employees are permitted to work 

forty hours a week and eight hours a day during any six week 

between November 1st and March 1st; forty-eight hours a week and 

eight hours a day during any twelve weeks between March 1st and 

November 1st; provided one and one-half tim.es the normal rate is 

paid for hours worked in excess of forty a week and eight a day. 

Watchmen are permitted to work fifty-six hours a week. 

Engineers and certain other classes of employees, not exceeding 

ten per cent of an employer's total number of plant employees, are 

permitted a tolerance of ten per cent over their normal hours but 

in no event more than forty-eight a week provided one and one-half 

times the normal rate is paid for all hours worked in excess of 

forty a week and eight a day. Between N o-vember 1st and l\1arch 

1st these classes of employees are permitted to work forty hours a 

week. 

Office, service and sales employees are permitted to work forty 

hours a week. Though eight hours is the daily normal, these classes 

of employees are permitted to work nine hours a day. 

Hourly limitations do not apply to managers, executives or supervisors who regularly receive more than thirty-five dollars a week; 

or to outside sales or sales service men. 

Hourly limitations do not apply to employees engaged in emergency maintenance and repair work or in the protection of life or 

property provided one and one-half times the normal rate is paid 

for hours worked in excess of forty a week or eight a day. 

Employees are not permitted to work more than six days out of 

any seven. 

The minimum hourly rate for all employees, except office and sales 

employees, shall be forty cents an hour. 

Regardless of whether an employee is compensated on a time rate, 

piece work or other basis, a minimum rate of pav is established. 

(196) 
197 

Compensation of employees receiving more than the minimum 

shall be equitably adjusted and reported to the Code Authority but 

in no event shall rates of pay be reduced. 

Office and sales employees shall receive either fifteen , fourteen and 

a half or fourteen dollars a week depending upon the population of 

the plac of their employment. 

vVith the permi ion of the state authority, handicapped persons, not exceeding five per cent of an employer's total number of 

en:ip_loyees, may be employed on light work at ·wages below the 

m1n1m um. 

Wages shall be paid at least bi-monthly and shall be exempt from 

any payments other than those voluntarily made by an employee 

or required by law. 

Female employees performing substantially the same work a male 

employees shall receive the same pay as male employees. No one under sixteen years of age shall be employed in the industry 

nor anyone under eighteen years of age on machine operations. 

ECONQl\IIC EFFECTS OF THIS CODE 

This Code provides a forty cent hourly minimum rate of pay. 

The average minimum rate of pay prevailing in this industry in 

1929 was thirty-five cent an hour. A decrease to twenty-nine cents 

occurred in 1933. 

Operating under the President's Reemployment Agreement this 

industry's payroll were increased about fifteen percent; this Code 

will effect a further increase in payrolls of more than five percent. 

The fifty-five hour average work week which prevailed in 1929 

has been reduced, with minor exceptions, to forty hours a week during eight months of the year and to thirty-two hours a week during 

the other four months of the year. This reduction in ·working hours 

should substantially increase the number of this industry's employees. 

The straight forty hour week for office employees provided by this 

Code will effect further increa...:e in excess of the nine percent 

reabsorption effected by the President's Reemployment Agreement. 

This Code will eliminate many unfair trade practices and facilitate 

the rendition of better service to the con truction industry. 

At present this industry is operating at twelve per cent of capacity; 

substantial increases in production are contingent upon new construction which " -ill result in corresponding increa.·e. · in employment. 

FI TDINGS 

The Deputy Administrator in his final report to me on said Code, 

having found a. herein set fo.rth and on the basis of all the 

proceedings in this matter; 

I fin l that: 

(a) Said Code is well lesigned to promote the policies and purpose of Title I of the National Indu trial Recovery Act, including 

removal of ob tructions to the free flow of interstate and foreign 

commerce whiC'h 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 
198 

groups, by inducing and maintaining united action 0£ 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 purcha ing 

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 Code as approved complies in all re pects 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 Code is not designed to and will not permit monopolies 

or monopolistic :practices. 

( e) The Code 1s 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 

Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

MARCH 17, 1934. 

HUGH s. JOHNSON, 

Administrator 

• 
CODE OF FAIR CO11PETITION FOR l\,fETAL LATH 

MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code 

of Fair Competition for the Metal Lath Manufacturing Industry 

and shall be the standard of fair competition for this industry, and 

shall be binding upon every member thereof. 

ARTIC-LE II-DEFINITIONS 

The term" metal lath manufacturing industry" or" the industry" 

as used herein includes the manufacture and sale of metal lath, metal 

lath accessories, and expanded metal products except expanded metal 

products not used for plastering purposes. 

The term "employee" as used herein includes any person engaged 

in the industry, in any capacity receiving compensation for his 

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

compensation. 

The term "employer" as used herein includes anyone for whose 

benefit such an employee is so engaged. 

The term "member of the industry " includes any manufacturer 

engaged in the industry as herein defined. 

The terms "President" "Act" and "Administrator" a used 

herein shall mean, respectively, ' the President of the United States, Title I of the N atiol).al Industrial Recovery Act, and the Administrator for Industrial Recovery. 

Population for the purposes of this Code shall be determined by 

reference to the 1930 Federal Census. 

ARTICLE III-HoURs 

SECTION 1. No employee shall be permitted to work in excess of 

thirty-two (32) hours in any week or eight hours in any day during 

the period from November 1st to the following March 1st or in 

excess of forty (40) hours in any week or eight hours in any clay 

during the period from March 1st to N oYember 1st, except as 

hereinafter provided. 

SECTION 2. To meet production peaks, an employee may be permitted to work in excess of thirty-two (32) hours but not "to exceed 

forty ( 40) hours in any week or eight hours in any day during any 

six weeks during the said November to March period described in 

Section 1 hereof, and in excess of forty ( 40) hours but not to exceed 

forty-eight ( 48) hours per week or eight hours per day in any 

(H)9) 
200 

twelve (12) weeks during ~aid March to November period described 

in Section 1 hereof. 

SECTION 3. The maximum hours for watchmen shall be fifty-six 

( 56) hours in any one week. 

SECTION 4. Electricians, repair and maintenance crews, engineers, 

truckn1en, firemen and departmental foremen, not exceeding ten 

(10) percent of an employer's total number o:f plant and factory 

employees, may be permitted to work a tolerance of ten (10) percent over the daily and weekly hours provided in the :foregoing sections 1 and 2, but in no event more than :forty-eight ( 48) hours in 

any week; provided, however, that during the said November to 

March period, engineers, truckmen, firemen and departmental foremen may be permitted to work forty ( 40) hours in any week. 

SECTION 5. No accounting, clerical, office, service or sales employee 

shall be permitted to work in excess of forty (40) hours per week 

or nine hours per day. A normal day shall not exceed eight hours. 

SECTION 6. The provisions of this Article shall not apply to employees serving in a managerial, executive or supervisory capacity 

who regularly receive more than thirty-five (35) dollars per week; 

or to outside sales or outside sales service men. 

SECTION 7. All employees covered by Sections 1, 2, 4, and 8 of 

this Article III, shall be paid at one and one-half (11⁄2) times their 

ordinary rates :for every hour worked above forty ( 40) hours in one 

week or eight (8) hours in one day. 

SECTION 8. The provisions of this Article shall not apply to 

employees of any class when engaged in emergency maintenance and 

repair work or in the protection of life or property. 

SECTION 9. No employee shall work more than six days out of 

any seven. 

ARTICLE IV-WAGES 

SECTION 1. No employee, excluding accounting, clerical, office and 

sales employees, shall be paid at less than the rate of forty ( 40) 

cents per hour. 

SECTION 2. Section 1 of this Article establishes a minimum rate 

of pay regardless of whether the employee is compensated on a time 

rate or piece work or other basis. 

SECTION 3. Equitable adjustment of compensation of employees 

receiving more than the minimum rates of pay herein prescribed 

shall be made by all employers who have not heretofore made 

such adjustments, and all employers shall within sixty (60) days 

after approval of this Code, report in full to the Code Authority 

concerning such adjustments whether made prior to or subsequent 

to uch approval, provided, however, that in no event shall rates 

of pay be reduced. 

SECTION 4. No accounting, clerical, office, or sales employee shall 

be paid at less than the rate of fifteen ( 15) dollars per week when 

employed in any city of over 500,000 population or in the immediate 

trade area of any such city; or at less than the rate of fourteen (14) 

dollars and fifty ( 50) cents per week when employed in any city of 

between 250,000 and 500,000 population, or in the immediate trade 

area of any such city; or at less than the rate of fourteen (14) dollars 
·201 

per week when employed in any city or town of less t!lan 250,000 

population, or in the immediate trade area of any such city or town. 

SECTION 5. A person whose earning capacity is limited because 

of age or physical or mental handicap may be employed on light . 

work at a wage below the minimum established by this Code, if the 

employer obtains from the state authority designated and guided 

by the instructions of the United States Department of Labor, a 

certificate authorizing his employment at such wage as shall be stated 

in the certificate, but such employees shall not exceed five per cent of 

any employer's total number of employees. Each employer shall file 

with the Code Authority a list of all such persons employed by him. 

SECTION 6. Wages shall be exempt from any payment for pensions, 

insurance, or sick benefits other than those voluntarily paid by the 

wage earners, or required b,y State or Federal laws. Wages shall be 

paid at least at the end of every two-week period, and salaries at 

least at the end of eve.ry month. 

SECTION 7. Female employees performing substantially the same 

work as male employees shall receive the same pay as male employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No pers~m under sixteen (16) years of age shall be employed in the industry. No person under eighteen (18) years of age 

shall be employed on machine operations. 

SECTION 2. In compliance with Section 7 (a) of the Act it is provided: (a) Employees 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 aid or protection (b) 

No employee and no one seeking employment shall be required as a 

condition of employment to join any company union or to refrain 

from joining, organizing, or assisting a labor organization of his 

own choosing; ( c) Employers shall comply with the maximum hours 

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

approved or prescribed by the President. 

SECTION 3. No employer shall reclassify employees or duties of 

occupations performed nor resort to any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 4. Each employer shall post under such rules as the Administrator may prescribe, in conspicuous places, accessible to e1nployees, copies of this Code. 

SECTION 5. No employer shall knowingly permit any employee to 

work for any time which when totaled with that already performed 

with another employer in this or any industry exceeds the maximum 

permitted herein. 

SECTION 6. No provision in this Code shall supersede any state or 

federal law which imposes on employers more stringent requirements 

as to age of employees, wages, hours of work or as to safety, health, 

sanitary or general working conditions or insurance or fire protection than are imposed by this Code. 
202 

SECTION 7. Each employer shall make reasonable provisions for the 

health and safety of his workmen at the place and during the hours 

of their employment. Standards :for safety and health shall be submitted by the Code Authority to the Administrator for approval 

before June 1, 1934. 

ARTICLE VI-COSTS 

SECTION .1. The Code Authority shall cau e to b 0 formulated an 

accounting system and methods of cost finding and/ or estim.ating 

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 then1 shall be made available to all 

members. Thereafter all members shall determine and/ or estimate 

costs in accordance with the principles of such method. 

SECTION 2. No member of the industry, after the adoption by the 

Code Authority and approval by the Admini trator of a uniforn1 

cost formula, shall quote or sell any industry product below such 

member's cost as determined by such formula, except that any mem- ber of this industry may meet a competitor's established market price 

or published price on such indu try product which has been filed in 

the manner provided in Article VII of this Code, or except with 

the consent of and under such terms as may . be deternuned by the 

Code Authority acting upon application filed in writing by a member of the industry for permission to sell certain of its products at a 

price less than cost. Any such exception granted by the Code 

Authority shall be available to all members of the industry within 

the limitations of the exception granted. Established market price 

on any industry product for the purpose of this section means the 

price at which any competitor is selling such product. 

ARTICLE VII-PUBLICATION OF PRICE 

SECTION 1. Each member of the Industry shall, within five ( 5) 

days of the effective date of this Code, publish and file with the 

Code Authority, or such other agency as the Code Authority may 

designate, complete lists or schedules of prices and terms and conditions of sale of all industry products offered for sale by such member, except to ano'ther member of the Industry and shall so publish 

and file all subsequent changes therein or revisions thereof, and such 

price lists or schedules and terms and conditions of sale, and changes 

or revisions thereof as aforesaid so filed , shall for the purpose of this 

Code be treated as the published price lists or schedules and terms 

and conditions of sale of the member filing the same, and shall 

be available to each member of the industry and after the effective 

date thereof to all interested parties. The Code Authority shall 

promptly cause a copy of all such price lists and terms and conditions of sale and all changes therein or revisions thereof to be sent 

to each member of the Industry. 

SECTION 2. No member of the Industry shall offer for sale, quote 

on, or sell any of its industry products at a price or prices, or upon 

terms and conditions other than those stated in such member's pubIi hed price list and the terms and conditions of sale then in effect ; 

except to another member of the industry. 
203 

SECTION 3. If at any time hereafter the Administrator shall give 

his approval to the requirement that subsequent changes or revisions 

of any price lists or terms or conditions of sale as provided in Section 1 hereof shall be filed a specific period of time prior to the 

effective date thereof, the Code Authorjty may provide that all 

changes in such price lists or terms or conditions of sale or revisions 

thereof thereafter filed shall be filed five days ( or such other period 

of time as may be approved by the Administrator) prior to the 

effective date of any such subsequent changes or revisions, and such 

price lists or schedules and terms and conditions of sale, and changes 

or revisions thereof as aforesaid so filed, ( unless the member filing 

such changes or revisions shall cancel the same before the effective 

date thereof) shall for the purpose of this Code be treated as the 

published price lists or schedules and terms and conditions of sale 

of the member filing the same, and shall be available to each member 

of the Industry and after the effective date thereof to all interested 

parties. The Code Authority shall promptly cause a copy of all such 

price lists and terms and conditions of sale, and all changes therein 

or revisions thereof, to be sent to each member of the Industry. 

In the event that any Industry member shall not receive sufficient 

notice of the filing by any other Industry member of changes in another member's prices or terms and conditions of sale as will enable 

such member to meet such changes on the effective date thereof, such 

member may file with the appropriate agency such changes in his 

prices or terms and conditions of sale as may be required to meet the 

changes filed by another member. Changes so filed shall become 

effective on the same date as the effective date for the changes of 

such other member first filing as aforesaid, or, if those changes 

shall have already become effective, then the changes subsequently 

ARTICLE VIII-MERCHANDISING PLAN 

SECTION 1. The Code Authority may prepare and from time to 

time r evise a merchandising plan for the sale and distribution of 

industry products, containing such provisions as may be necessary 

or proper to insure fair selling methods by the industry and to prevent unfair competitive practices, which plan, or changes therein or 

additions thereto, after adoption by the Code Authority and approval 

by the Administrator may be adopted by any member of the industry 

and included in the meinber's terms and conditions of sale as filed 

with the Code Authority. Upon the approval of any such merchandising plan or any changes therein or additions thereto by the Administrator, after such notice and hearing as he may prescribe, the 

same shall become a part of this Code and binding upon the members 

of the industry, and thereafter each member of the industry shall sell 

and distribute all indistry products in accordance with such merchandising plan, or any such changes therein or additions thereto. 

ARTICLE IX-TRADE PRACTICES 

SECTION 1. A trade practice code for the industry 1s attached 

hereto as Exhibit A and made a part hereof. 
204 

Any deviation from the standard of fair dealing_ set forth in such 

trade practice code ( adopted for this industry) or any amendments 

thereof shall be con iderecl an unfair method of competition. 

ARTICLE X-ADl\IINI TRATION * 

To further effectuate the policies of the Act, a Code Authority is 

hereby set up to administer the Code in cooperation with the 

Administrator. 

SECTION 1. The Code Authority shall consi t of one representative 

from each member of the industry who shall subscribe to the Code 

and pay a pro rata share of the expenses as provided in Section 8 of 

Article X. In addition there may be not to exceed three members 

without vote and without cost to the industry, appointed by the 

Administrator to serve for such period as the Administrator may 

designate. 

SECTION 2. The Code Authority shall be the general planning and 

fair practice agency for the industry and shall in addition to the 

other powers and duties elsewhere in the Code conferred upon it, 

have full power and authority from time to time to require such 

reports from member of the indu try with respect to capacity. production and orders for shipment, persons employed, wage rates, 

earning and hours of labor, prices, co ts and other items as may be 

necessary to advise it adequately in the administration and enforcement of the provisions of this Code or as the Administrator may 

require; and to make recommendation for the standardization of 

products by the members of the industry. It shall also have power 

and authority to propose amendments, to make rules and regulations 

as may be required for the effectiYe exercise of the powers herein conferred upon it for the admini tration of this Code and to cooperate 

with the Administrator and other proper GoYernment official in the 

enforcement of this Code. 

SECTION 3. In order to assure confidential treatment of individual 

figures, all reports, data and information which the said Code Au- thority is empowered to collect or receive shall be collected or 

received by an agency appointed by the Code Authority, not a 

member or connected -with a member of the indu try or, in the ab- sence of such appointment, the Secretary of the :Metal Lath Manufacturers Association is hereby appointed the agent to collect or 

receive the same. The agency so collecting or receiving any such 

reports, data and information shall keep the same confidential as to 

individual reports except when required by the Admini trator. All 

such reports, data and information shall be fully available at all 

times to the proper Government officials. 

SECTION 4. Collusion between any industry member and any uch 

confidential agency for the purpose of examining any report or data 

or obtaining any information collected or received by such confidential agency shall constitute unfair competition and shall be a 

violation of the Code. 

SECTION 5. The Code Authority may appoint a committee of not 

more than five of members of the industry and delegate to any such 

• See paragraph 2 of order approving this Code. 
205 

committee any of the authority herein granted to the Code Authority, including the carrying on of all communications and conferences with the President or his agents concerning the approval 

or amendment of this Code or any of its provisions or any other 

matters relating thereto. Any committee so appointed shall exercise only the authority specifically delegated to it by the Code 

Authority in the resolution appointing the same and the Corle 

Authority shall be responsible for all authorized acts of any such 

committee. 

SECTION 6. At any duly called meeting of the Code Authority, a 

three-fourths affirmative vote of the industry members present at 

the meeting either in person or by the member's alternate, shall 

be required to make effective any action of the Code Authority. 

Any member of the Code Authority, in his absence, may be represented by an alternate, appointed in writing by him, who shall be 

a person actively connected with the same com.pany with which 

the member making the appointment is connected. A majority 

of the voting members of the Code Authority at any duly called 

meeting shall constitute a quorum. 

SECTION 7. Any interested party shall have the right of complaint 

to the Code Authority and a prompt hearing and decision thereon 

under such rules and regulations as may be approved by the Administrator, in respect to any act of the Code Authority or any agency 

designated by the Code Authority to act on its belialf. If the Administrator shall determine that any action of a 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 sus- pended to afford an opportunity for investigation of the merits of 

such action and further consideration by such Code Authority or 

agency pending final action, which shall not be effective unless the 

Administrator approves or unless he shall fail to disapprove after 

thirty (30) days' notice to him of intention to proceed with such 

action in its original or modified form. 

SECTION 8. All expenses involved in administering the Code shall 

be determined by the Code Authority and prorated equitably, subject 

to disapproval by the Administrator, among members of the industry 

who assent to the Code or accept any of the benefits ther,eof. The 

proration of all such expenses shall be on the basis either of volume 

of output or dollar value of domestic sales ( excluding sales to other 

industry members signing the Code) during a specified period of 

time as the Code Authority shall determine. 

SEcTrox 9. Nothing contained in this Code shall constitute the 

m,2mbers of the Code Authority partners for any purpose. or shall 

any member of the Code Authority be liable in any manner to anyone for any act of any other member, officer, agent or employee of 

the Code Authority, nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder 

be liable to anyone for any action or omission to act under the Code 

except for his own wilful misfeasance or non-feasance. 

SECTION 10. In addition to information required to be submitted 

to the Code Authority, all or any of the persons subject to this code, 

shall furnish such statistical information as the Admini trator may 

deem neces ary for the purposes recited in Section 3 (a) of said act 
206 

to such Federal and State agencies as the Administrator may designate; nor shall anything in any code relieve any person of any 

existing obligation to furnish reports to Government agencies. 

ARTICLE XI-GENERAL 

SECTION 1. Each trade or industrial association directly or indirectly participating in the selection or activities of the 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 may deem necessary 

to effectuate the purposes of the Act. 

SECTION 2. No provisions of this Code shall be interpreted or 

applied in such manner as to promote or permit monopolies or 

monopolistic practices; permit or encourage unfair competition; 

eliminate or oppress small enterpris2s or discriminate against them. 

SECTION 3. Articles VI, VII, VIII and IX of this Code, and any 

Trade Practice Code or Merchandising Plan incorporated herein or 

adopted pur uant hereto shall not apply to industry products sold 

for export. SECTION 4. A~ required by Section 10 (b) of Title I of the Act 

the following provision is contained in this Code : The President 

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

rule or n ~gulation issued under said Act. 

SECTION 5. Such of the provisions of this Code as are not required 

to be included herein by the Act may upon submission to the industry 

and approval by the Administrator, be modified or eliminatetl as 

changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code 

or additional codes may be proposed to prevent unfair competition 

in prices and other unfair and destructive competitive practices and 

to effectuate the other purposes and policies of Title I of the Act and 

any such supplementary provisions or additional codes, after submission to the industry and approval by the Administrator after 

such notice and hearing as he may prescribe, shall become a part of 

this Code and effective as such. The Code Authority may make any 

such proposals for modification, supplementary provisions or 

additional codes in the manner above provided. 

SECTION 6. Violation by any member of this industry of any of 

the provisions of this Code or of any approved amendment hereof 

shall constitute an unfair method of competition. 

SECTION 7. This Code and all of the provisions thereof shall cease 

to be in effect on· June 16, 1935, or sooner if 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. 

SECTION 8. This Code shall be in effect beginning the second 

Monday after its approval by the President . 

.Approved Code No. 344. 

Registry No. 1123-03. 
EXHIBIT A 

TRADE PRACTICE CODE 

SECTION 1. Any deviation from any of the provisions of this Code shall be 

deemed an unfair method of competition in the Metal Lath Industry. 

SECTION 2. Standard Forms of Quotation and Oontract.-The Code Authority 

may adopt standard forms of quotations and contracts for the industry, subject 

to approval thereof by the Administrator, and all quotations and contracts shall 

be made substantially in accordance with the terms and conditions set forth in 

such standard forms of quotations and contracts so adopted and approved. 

Any departure from said standard terms and conditions in the making of any 

quotation or contract in any transaction shall be deemed un unfair method of 

competition. 

SECTION 3. Oom,mercial Bribery.-No member of the Industry shall give, permit to be given, or directly offe1: to give, anything of Yalue 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. Commercial bribery provisions 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. 

SECTION 4. Rebates.-The secret payment or allowance of rebates, refunds, 

credits, unearned discounts, or other allowances, whether in the form of money 

or gifts, or otherwise, or the extending to certain purchasers special privileges, 

including discriminatory allowances for advertising, damage claims, services 

or other considerations not customarily extended to all purchasers under like 

terms and conditions, shall be deemed an unfair method of competition. 

SECTION 5. Defama,tion of Oompetitors.-The defamation of a competitor by 

words or acts which untruthfully call in question its business integrity, its 

ability to perform its contracts, its credit standing or the grade, quality or 

quantity of its goods shall be deemed an unfair method of competition. 

SECTION 6. Induoing Brooch of Oontract.-The wilful interference with any 

existing contracts between any other manufacturer and a dealer or consumer, 

or any other party, involving or relating to the sale of industry products for 

the purpose or with the effect of dissipating, destroying or appropriating, in 

whole or in part, the business represented by such contracts, shall be deemed 

an unfair method of competition. 

SECTION 7. False Branding.-The marking, branding or labeling of industry 

products or the shipment of these products without label or identification tags, 

or the misrepresentation in connection with the sale of such products, for the 

purpose or with the effect of misleading or deceiving purchasers with respect 

to the quantity, quality, price, weight, gauge, metal or finish thereof, shall be 

deemed an unfair method of competition. 

SECTION 8. Imitation of Trade-Mark.-The imitation or simulation of any 

trade-mark, trade name, package, brand or label of a competitor in such 

degree as to deceive or have the tendency to deceive customers shall be deemed 

an unfair method of competition. 

SEOTION 9. Disori1111ination in Price.-Di crimination in price, either directly 

or indirectly between different purchasers of commodities, except (1) on account 

of difference in quantity, quality or grade of product sold, (2) the making of 

a reasonable differential in price charged to different classes of trade, (3) the 

making of different prices in different markets, according to usual distribution 

of such products prevailing in the trade or industry, shall be deemed an unfair 

method of competition, provided, however, that nothing herein contained shall 

prevent persons engaged in selling the product::; of this industry from selecting 

their own customers. This section shall not apply to sales to another member 

of the industry. 

SECTION 10. Oonsignments.-No member of the indu try shall ship goods on 

consignment except under circumstances to be defined by the Code Authority 

where peculiar circumstances of the industry require the practice. 

SECTION 11. Shipment Without Order.-The making of shipments, other 

than those involving mere transfer of industry products to manufacturers' 

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UNIVERSITY OF FLORIDA 

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warehouses or plants, without in each case having an order from a custom~r 

for shipment at the time of making shipment, shall be deemed an unfair 

method of competition. SECTION 12. Expiration of Qiwtation.-The quoting of prices without the 

specific provision that such quotations are subject to change without notice, 

within such limitations as are imposed by this Code, except for quotations on 

specific job ·ontracts, or wllere neces ary, for Federal Government, State, 

County or l\1unicipal bid., shall be deemed an unfair method of competition. 

SECTION 13. Fail11re to State Unit Price.-The submission of bids for two 

or more commodities, one or more of which are industry products, in which 

the unit price of each commodity is not clearly stated, shall be deemed an 

unfair method of competition. 

SEOTION H . Specific Job Contracts.-1\Iaking any contract or accepting any 

order for indu ·try products for future deli"-ery to cover any specific job 

without first having receiYed a true copy of a bona fide contract, or definite 

supporting information e·ddencing a bona fide contract, between the dealer 

and contractor who has been awarded the contract, covering any such material 

required for that job and stating definitely the quantity of such material 

required, the location of the job and the name of ·the contractor, shall be 

deemed an unfair method of competition; provided, however, that nothing 

herein shall prevent a member of the industry from protecting any quotation 

covering a specific job for a period not exceeding 30 days, except Federal Gov- ernment job quotations which may be protected for 60 days, but when no 

specific job contract is made ,vith the dealer or contractor within 30 days, or 

within 60 days in the case of the Federal Government jobs, then any contract 

subsequently executed for the sale of products for such job shall be made 

at the price then in effect. 

SEJCTION 15. Lump 811,m, Contracts.-The submission of bids and/or nccept- ance of orders for industry products by a member on a lump sum basis shall 

be deemed an unfair method of competition, except where lump sum oids are 

made for floor lath with steel joists and/or ceiling lath for permanent form 

construction, then such bids shall specify the quantity, t;rpe of lath and unit 

price. 

SEOTION 16. Combination Salcs.-The selling or offering for sale of com- modities not within the Industry at prices helow the current list-price therefor, in order to influence the sale of industry products shall be deemed an unfair 

method of competition. 

SEJOI'ION 17. Substitution.-The marking and selling of any industry products 

having superior qualities and higher prices, as inferior and lower priced 

products, anu so marketing at a lower price than that established by the 

member for such superior products shall be deemed an unfair method of 

competition. 

SECTION 18. Contingent Sa,les.-The purchase of material from a buyer of 

industry products made contingent on the sale of industry products by a 

member of the industry shall be deemed an unfair method of competition. 

SIDC/I'ION 19. Sp7.itting of Co1npen-sation.-Splitting of compensation received 

by an employee or agent of a member with the buyer of industry products for 

the purpose or with the effect of influencing a sale shall be deemed an unfair 

method of competition. 

SECTION 20.-Shipping on Spea-ific Job Contracts.-The shipping of industry 

products on specific job contracts in excess of the materials required for the 

job shall be deemed an unfair method of competition. 

SEC/I'ION 21. O1.ttstanding Contracts.- All bona fide contracts for sale of 

industry products taken before the effective date of this code and filed ( except 

sales to other members) with the Code Authority and all bona fide contracts 

and orders fo r shipment taken after the effective date of this Code may be 

shipped at the price at which the contract or order was taken; and material 

sold under such contracts shall be applied only on the contract or or der under 

which shipment is so made. 

SEJOI'ION 22. Orders for Material and Labor.-The acceptance by a member 

of an order for industry products together with the labor required for the 

erection of same and/or the guaranteeing by a member of the cost of erection 

of same, shall be deemed an unfair method of competition. 

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