Approved Code No. 394 Registry No. 1308-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE O.F FAIR COMPETITION 

FOR THE 

LIGHTNING ROD 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 19, 1934 

WE DO OUR PART 

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U.S. OEPOStTdiW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON z 1!134 

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Approved Code No. 394 

CODE OF FAIR COMPETITION 

FOR THE 

LIGHTNING ROD MANUFACTURING INDUSTRY 

As Approveq on April 19, 1934 

ORDER 

APPROVING ConE OF FAIR Co::\HETITION FOR THE LIGHTNING Ron 

MANUFACTUTIING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for appro·val of a Code of 

Fair Competition for the Lightning Rod Manufacturing Industry, 

and hearings having been duly held thereon and the annexed re!lort 

on said Code, containing findings with respect thereto, having been 

made and directed to the President: 

NO, iV. THEREFORE, on behalf of the Pr-esident of the United 

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

pursuant to authority vested in me by E.x~ecutive Orders of the 

President, including Executive Order No. 6543-A, elated December 

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

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purpose of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VII, insofar as they prescribe a 

waiting period between the filing with the Code Authority and the 

effective date of revised price lists or revised terms and conditions of 

sale be and they are hereby stayed pending my further Order either 

within a period of sixty days from the effective date of this Code or 

after the completion of a study of open price associations now being 

conducted by the National Recovery Administration; provided.] 

further. that the continued participation of the Lightning Rod 

Manufacturers' Association in the Code Authority after thirty days 

from the effective date of this Code shall be contingent upon its 

amending its Constitution and By-Laws to the satisfaction of the 

Administrator. HuGH S. JoHNSON, 

Adn~inistrator for Industrial Recovery. 

ApproYal recommended: 

A. R. GLANCY, 

Division Adm .. inistrator. 

WASHINGTON, D.C., 

April19, 1934. 

53632°-482-101--34 (283) 
REPORT TO THE .PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report on the Code of FP.ir Competition for the 

Lightning Rod Manufacturing Industry, the Hearing having been 

conducted thereon in vVashington, D.C., on :March 19, 1934, in accordance with the provisions of the National Industrial Recovery Act. 

RESUME OF CODE AS TO HOURS AND WAGES 

The Code provides that eight ( 8) hours shall constitute the normal 

number of 'vorking hours per day, forty ( 40) hours the normal 

number of working hours per week; except that employees may work 

not to exceed forty-eight ( 48) hours in any one week in any six ( 6) 

weaks in the six ( 6) months period beginning the first of :May and 

the first of November. These provisions are applicable to all employees except outside salesmen, watchmen, who shall work not more 

than fifty-six (56) hours in any one vveek, persons in executive, administrative, supervisory, or technical capacities, who receive not 

less than $35.00 per week, employees engaged in emergency -maintenance, or emergency repair work, involving breakdowns, and protection of life and property. 

The rate of pay provided for production labor is forty ( 40) cents 

per hour. Learners shall be paid 80% of the wages herein provided 

to be paid but the number of learners shall not exceed 5% of the total 

number of factory employees. Time and one half will be paid production labor for hours worked in excess of the number of hours 

specified herein above. 

All other employees, except commission salesmen, will be paid 

at rates not less than $15.00 per week, except that o:ffi e boys and 

girls may be paid at not less than 80% of said weekly minimum wage, 

provided that the number of office boys and girls shall constitute 

not more than 5% of the total number of office employees, but in 

any case each employer shall be entitled to one office boy or girl. 

Equitable adjustments are to be made of all wage rate above 

said minima. 

Child labor is prohibited, and no person under 18 year · of age 

shall be employed in a hazardous occupation. 

GENERAL STATEMENT • 

The Lightning Rod Manufacturing Industry as defined in the 

Code includes the building, manufacturing, elling, repairing, installing, and servicing by the manufacture of Lightning Conductors and Supplies manufactured by such manufacturers. The Industry customers are mostly farmers, but contrary to por ular con-

(284) 
285 

ception are not confined solely to them, many large construction 

units, large churches, water towers, memorial monuments, and similar projects are protected by Lightning Conducting Equipment. 

The investment in the Industry is approximately $500,000.00 and 

the number of wage earners in normal times is about 200 people 

with an estimated annual payroll of approximately $100,000.00. 

In 1929, which is considered a normal year, operations were at a 

rate of approximately 50% of capacity, with a volume of production 

of about $1,295,000. The sales of the Industry declined 30% from 

1929 to 1933. 

I believe that the Code is fair to Industry, to Labor, and to the 

Public, and is in accordance with the interest and purpose of the 

National Industrial Recovery Ac.t. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Code having found as herein set forth, and on the basis of all 

the proceedings in this matter : 

I find that: 

(a) Said Code is ·well designed. to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of observation 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 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 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 Subsec6on (b) of Section 10 thereof; and that the applicant group 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 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 types 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 the Code provided, 

however, that the provisions of Article VII, insofar as they prescribe 
286 

a waiting period between the filing with the Code Authority and the 

effective date of revised price list or revi ed term and conditions of 

sale be stayed pending my further order either within a period of 

sixty days from the effectiYe date of thi. Code or after the completion of a study of open price association now being conducted by the 

National Recovery Administration; proYided, further, that the continued participation of the Lightning Rod 3Ianufacturers' As ociation in the Code Authority after thirty lay from the effective date 

of this Code shall be contingent upon the amending of its Constitution and Bylaws to the sati faction of the Aclmini tl·ator. 

Respectfully, 

I-Iua:a S. Jouxso)f, Administrato1'. 

APRIL 19, 1934. 
CODE OF FAIR COMPETITION FOR THE LIGHTNING 

ROD :MANUFACTUHING INDUSTRY 

ART'ICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the Lightning Rod Manufacturing Industry and its provisions 

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

shall be binding upon e' ery member thereof. 

ARTICLE II-DEFINITIONS 

SEcTION 1. The term "Lightning Rod Manufacturing Industry", 

as used herein, means the building, manufacturing, selling, repairing, 

installing and servicing, by manufacturers, of lightning conductors 

and supplies manufactured by such manufacturers. 

SECTION 2. The term "member of the industry" includes any 

individual, partnership, association, corporation, receiver, trustee, 

or other form of enterprise engaged in the industry, either as an 

employer, or on his or its own behalf. 

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

individual, partnership, association, corporation, receiver, trustee, 

or other form of enterprise engaged in the industry. 

SEcTION 4. The term "employee", a used herein, includes any and 

all persons engaged in the industry, however compensated, except a 

member of the industry. 

SECTION 5. The term "Association", as used herein, means the 

Lightning Rod :Manufacturers Association, or its successor. 

SECTION 6. The terms "Act", "President", and "Administrator" 

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

the President of the United States, and the Administrator for 

Industrial Recovery. 

ARTICLE III-HouRs 

SECTION 1. No employee shall be permitted to work in excess o:f 

forty ( 40) hours in any one week or eight (8) hours in any one 

day, except as herein otherwise provided. 

SECTION 2. Because of peak demands, it is further provided that 

employees may work not to exoeed forty-eight ( 48) hours in any 

one week in any six ( 6) weeks in the six ( 6) months' period beginning the first of May and the first of November. 

SECTION 3. All employees shall be paid at the rate of time and 

one-half for all hours worked in excess of forty ( 40) hours per 

week or eight ( 8) hours per day (except as hereafter provided). 

SECTION 4. The provisions of this Article shall not apply to employees in executive, administrative, supervisory or technical capacities who are paid not less than thirty-five dollars ($35.00) per 

week, and outside sales employees. 

(287) 
288 

SECTION 5. Watchmen shall not work more than fifty-six hours 

in any one week nor more than six (6) days in any one week. 

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

employee engaged in emergency maintenance or emergency repair 

work, involving breakdowns, and protection of life and property, 

provided one and one half times the normal rate shall be paid for all 

time worked in excess of the maximum hours herein provided for 

said employee. 

SECTION 7. Em.ployment by Several Employers.-No employer 

shall lu~owingly permit any employee to work for any time which 

when totaled with that already performed with another employer 

exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SEcTION 1. No employee engaged in the manufacture of products 

of thjs industry, and in labor operations directly incident thereto, 

shall be paid less than at the rate of forty ( 40) cents per hour, 

except as otherwise herein provided. 

SEcTION 2. It is provided that learners, for a period of not to 

exeeed thirty (30) days, shall be paid not less than eighty (80) percent of the minimum wage, and that the number of learners shall 

not exceed five ( 5) percent of the total number of employees, and 

provided further that each employer may employ a minimum of 

one ( 1) learner. 

SECTION 3. Minimum Wage. for Clerical and Office Employees.-

The minimum wage that shall be paid by any employer to all other 

employees except commission sales people, shall be at the rate of not 

less than fifteen dollars ($15.00) per week, provided, however, that 

office boys or girls shall be paid not less than eighty (80) percent 

of such minimum ·wage, but the number of such office boys or girls 

shall not exceed five ( 5) percent of the total number of employees 

covered by the provisions oi this section, and provided that each 

employer may employ a minimum of one ( 1) office boy or girl. 

SECTION 4. Piecework Oompensatio1'1r-Minim'Lun 1Vages.-This 

Article establishes a minimum rate of pay which shall apply, irrespective of whether an employee is actually compensated on a tim~ 

rate, piecework or other basis. 

SECTION 5. 1Vage A .. djustnunts Above MinhnunL-Equitable adjustment of compensation of employees receiving more than the 

minimum rates of pay shall be made by all employers who have not 

heretofore made such adjustments, and all employers shall within 

thirty (30) days after approval of this Code, report in full to the 

Code Authority concerning such adjustments ·whether made prior 

to or subsequent to such approval, provided, however, that in no 

event shall hourly rates of pay be reduced. 

SECTION 6. Handicapped Persons.-A person whose earning 

capacity is limited because of age, physical or mental handicap or 

other infirmity 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 by the United States Department of 

Labor a certificate authorizing such person's employment at such 

wages and for such hours as shall be stated in the certificate. Such 
289 

authority shall be guided by instructions of the United State~ 

Department of Labor in issuing certificates to such persons. Each 

employer shall file monthly with the Code Authority a list of all 

such persons employed by him, showing the wages paid to, and the 

maximum hours of work for such employee. 

SECTION 7. Female Employees.-Female employees performing 

substantially the same work as male employees shall receive the same 

rate of pay as male employees, and, where they displace men, they 

shall receive the san1.e r ate of earnings as the men they displace. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labor Provision.-No person under sixteen (16) 

years of age shall be employed in the industry. No person under 

eighteen (18) years of age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The 

Code Authority shall submit to the Administrator within thirty (30) 

days after approval of this Code, a list of such operations or occur>ations. In any State an employer shall be deemed to have complied 

with this provision as to age if he shall have on file a certificate or 

permit duly issued by the Authority in such State, empowered to 

:issue employment or age certificates or permits showing that the employee is of the required age. 

SECTION 2. Provisions from the Act.-In compliance with Section 

7 (a) of the Act, it is provided: 

(a) That 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 activitjes for the purpose of 

collective bargaining or other mutual aid or protection; 

(b) That 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; and 

(c) That employers shall comply with the maxin1.um hours of 

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

approved or prescribed by the President. 

SEcTION 3. R eclassification of E1nployees.-N o employer shall 

reclassify employees or duties of occupations performed, or engage 

in any other subterfuge for the purpose of defeating the provisions 

of the Act or of this Code. 

SECTION 4. Standards for Safety and H ealth.-Every employer 

shall provide for the safety and health of his employees 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 within six (6) months after the effective date of this Code. 

SEcTION 5. State Laws.-N o provision in this Code shall supersede 

any State or Federal law which imposes more stringent requirements 

on employers 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. 
290 

, SECTION 6. Posting.-Within ten (10) days of the effective date, 

all employers shall post and thereafter maintain, complete copies of 

this Code with any subsequent modifications, in conspicuous places 

accessible to employees. 

AnTICLE VI-ORGANIZATION, Pov."ERS AND DuTIES OF CoDE AuTHORITYl. 

SECTION 1. Code Authority.-During the period not to exceed sixty '(60) days following the effectiYe date, the Code Committee of the 

Industry shall constitute a temporary Code Authority until the Code 

Authority is elected. There shall be constituted within the sixty 

(60) day period a Code Authority consisting of five (5) members 

to be elected as hereinafter proYided. The members of the Code 

Authority first elected shall sen-e until the following annual meeting 

of the Association and thereafter members of the Code Authority 

shall be elected as hereinafter provided, at each annual meeting of 

the Association to serve until the following annual meeting. The 

members of the Code Authority shall be elected in the following 

manner: 

(a) Two (2) members who are not members of the Association by 

a majority vote of members of the industry who are not members of 

the Association, present in person, or by proxy, each member to have 

one Yote. 

(b) Three (3) members by majority vote of members of the Association present in person or by proxy, each member to have one vote. 

In addition thereto the Administrator may appoint one or more 

members of the Code Authority who shall be without vote and be 

given a reasonable notice of and may sit at all meetings of the Code 

Authority. 

A vacancy in the membership of the Code Authority may be filled 

by a majority vote of the remaining members of the Code Authority, 

provided, however, that the right to vote as set forth above shall 

be subject to the limitations provided in Section 4 of this Article. 

SECTION 2. Associations.-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 

admission to 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. 3. Representative Code Authority.-In order that the 

Code Authority shall at all times be truly representative of the 

industry and in other respects comply with the provisions of the Act, 

the Administrator may provide such hearings as he may deem 

proper; and thereafter, if he shall find that the Code Authority 

1s not truly representative or does not in other respects comply with 

the provisions of the Act, may require an appropriate modification 

in the method of selection of the Code Authority. 

SECTION 4. Participation in Code.-Any member of the industry 

is and shall be eligible for membership in the trade association of 

1 See paragraph 2 of order approving this Code. 
291 

the Lightning Rod Manufacturing Industry, and there shall be no 

inequitable restrictions on admission to such membership, and all 

1nernbers of the industry assenting to this Code shall be entitled to 

participate in and share the benefits of the activities of the Code 

Authority and all members of the industry subscribing to the Code 

or participating in or sharing in any way in the benefits of the activities of the Code Authority cr participating in the selection 

there f shall bear a reasonable share of the expenses of administering the Code and of making amendments thereof and addjtions 

thereto. Such reasonable share of the expenses of the Code Authority hall be determined by the Code Authority, subject to review by 

the Administrator, on the basis of gross sales volume of business 

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

funds shall be collected and administered by and through the machinery of the Code Authority of the industry. 

SECTION 5. 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 suspended 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 Adm_inistrator 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. 

SEcTION 6. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

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 this Code, except for his own willful misfeasance or 

non-fea ·ance. 

SECTION 7. Potoers and D1dies.-The Code Authority shall have 

the following powers and duties in addition to those elsewhere 

provided in this Code : 

(a) To adopt by-law and rules and regulations for its procedure and for the administration of the Code and compliance of 

the indu try with provisions of the Act, in accordance with the 

powers herein granted, and to submit the same to the Administrator 

for his approval together with true copies of any amendments or 

additions when made thereto, minutes of meeting when held, and 

such other information as to its activities as the Administrator may 

deem it necessary to effect the purposes of the Act. 

(b) To obtain from members of the industry, through an impartial agency, such information and reports as are required for the 

Administration of the Code and to provide for submission by members of such information and reports as the Administrator may 

deem necessary for the purposes recited in Section 3 (a) of the 

Act, which information and reports shall be submitted by members 

to such_ administrative and/or government agencies as the Administrator may designate; provided that nothing in this Code shall 

relieve any member of the industry of any existing obligations to 
292 

furnish reports to any government agency. All individual reports 

shall be kept confidential as to members of the industry by the 

impartial agency appointed by the Code Authority to obtain such 

reports, and only general summaries thereof may be published, 

except that such reports shall be furnished to such governmenta~ 

agencies as may be directed by the Administrator. 

(c) To receive complaints of violations of this Code, make investigations thereof, provide hearings thereon, and adjust such complaints, and bring to the attention of the Administrator for 

pro ecution, r-ecommendations and information relative to unadjusted violations. 

(d) To use and appoint such trade associations and other agencies 

as it deems proper for the carrying out of any of its activities provided for herein, and to pay such trade associations and agencies the 

cost thereof, provided that nothing herein shall relieve the Code 

Authority of its duties or responsibilities under this Code, and that 

such trade associations and agencies shall at all times be subject to 

and comply with the provisions hereof. 

(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 under this Code and such others to the end 

that such fair trade practices may be proposed to the Administrator 

as amendments to this Code and such other codes. 

(f) To obtain an equitable and proportionate payment of the 

expenses of maintaining the Code Authority and its activities from 

members of the industry. 

SECTION 8. Appeals.-An appeal from any action by the Code 

Authority affecting the rights of any employer or employee in the 

industry may be taken to the Administrator. 

ARTICLE VII-PRICE LISTS 

Each member of the industry shall within ten (10) days after the 

effective date of this Code _publish for the benefit of an interested 

parties and file with the Code Authority a net price list and all 

other conditions of sale, or a price list and discount sheet and all 

other conditions of sale, as the case may be, individually prepared 

by him, showing his current price or prices and discounts and terms 

of sale and payment and the Code Authority shall immediately send 

copies thereof to all known manufacturers of such specified product. 

Such net price list or price list and discount sheets as the case may 

be shall separately state (a) net prices or discounts from list to distributors, (b) net prices or discounts from list to consumer. 

Revised price lists and/or discount sheets and/or all other conditions of sale may be filed from time to time thereafter with the Code 

Authority by any manufacturer of such product, to become effective 

upon the 5th day thereafter. 

Copies of such revised price lists and/or discount sheets and/or 

all other conditions of sale. with notice of the effective date specified 

shall be immediately sent to all known manufacturers of such prod-
293 

uct, any of whom may file if he so desires to become effective upon 

the effective date when the revised price list and/or discount sheet 

and/ or all other conditions of sale first filed shall go into effect, revisions of his price lists and/or discount sheets and/or all other conditions of sale establishing prices or prices and discounts not lower, 

or conditions of sale not more favorable than those established in the 

revised prjce li ts and/or discount sheets and/ or all other conditions 

of sale fir t filed. 

No member of the industry shall sell to any purchaser by any 

means whaLoever any product of the industry at a price other than, 

or at a discount other than, or on more favorable terms than as set 

forth in published price lists of such member at the time set out and 

in force under the conditions applicable to such sale therein set 

forth. 

No member of the industry shall publish a price or term, or continue in effect a price or term which will result in a purchaser paying for the goods received less than the cost thereof to the member of 

the industry publishing such price sheet; provided, however, that 

obsolete, defective and/ or discontinued items or lines which now or 

hereafter may be in stock may be sold below cost and without publication of prices and terms and conditions; provided, prior to the sale 

thereof a list of the item or lines claimed to be obsolete, defective 

and/ or discontinued hall be filed with the Code Authority, together 

with the description thereof, dates of manufacture and prior sale 

volume; and provided, further, that nothing in this paragraph shall 

preclude any member of the industry from publishing prices below 

cost in order to meet exi ting competition on products of equal design, size, character, quality and specifications as such competition 

is shown by price sheets of other members of the industry at the time 

out.standing and in effect. Whenever a member of the industry 

under the provisions of this paragraph shall publish a price below 

cost he shall simultaneously file with the Code Authority a statement in writing of the items on his own price sheet which are below 

cost and identify the price sheets and items thereon of any other 

member or members of the industry which shall be claimed to form 

the justification.!! 

ARTICLE VIII-TRADE PRACTICE RuLEs 

General Defon,ition.-For all purposes of the Code the acts described in this Article shall constitute unfair trade practices. Any 

member of the industry who shall directly, or indirectly through 

any officer, employee, agent, or representative, knowingly use, employ, or permit to be employed, any of such unfair practices, shall 

be guilty of a violation of the Code. 

RuLE 1. I naccw·ate Labeling.-N o member of the industry shall 

mark, brand or pack any product or commodity in any manner for 

the purpose or with the effect of misleading or deceiving purchasers 

with respect to the brand, grade, quality, quantity, origin, size, 

material. content, sub tance, or preparation of such products purchased, whether " domestic" or "foreign." 

· 2 See paragrapll 2 of order approving this Code. 
294 

RuLE 2. M isrepresentation.-N o member of the industry shall substitute. or cause to be substituted materials inferior or superior to 

tho e ~pecified by the purchaser. 

RULE 3. Ir~accu7'ate R eference to OompetitoTs.-No member of the 

indu try shall u e ad-vertising or other repre entation which refers 

inaccurately in any material particular or eli eminates false or rnisleadin<r information relati-ve to any competitor or their products, 

selling prices, Yalue , credit standing, credit terms ability to perform 

work condition of employment. policies or ser-vices. 

R LE 4. Inaccurate Ad'verti .. :ing.-N o member of the industry 

shall publi h advertising (whether printed, radio, display or of 

any other nature) which is misleading or inaccurate in any material 

particular, nor shall any member in any way misrepre ent any goods 

(including but without limitation its use, trade-mark grade, quality, 

quantity, origin size, sub tance, character, nature, finish, material, 

content or preparation) or credit terms, -values, policies, services, or 

the nature or form of the business conducted. 

RULE 5. Espionage.-No member of the industry shall spy upon 

any other member of the industry, for the purpose of securing the 

names of the customer of such member, their addresses, or the 

nature of the busine s being transacted by such other member. 

RuLE 6. Bait Advertising.-N o member of the industry shall use adverti ·ing or ·elling methods or credit term which have the capacity 

or tendency to deceive or mislead the cu tomer or prospective customer. 

RULE 7. Secret R ebates.-N o member of the industry shall offer 

to make any ecret payment or allowance of a rebate, refund, commi sion credit, unearned discount, or excess allowance, whether in 

the form of money or otherwise, for the purpose of influencing a 

sale nor shall a member secretly extend to any cu tomer any special 

service or privilege not extended to all customers of the same class. 

RULE 8. Selling on Oonsig111ment.-No member of the industry 

shall ship good on consignment, except under circum tances to be 

defined by the Code Authority and approved by the Administrator. 

RuLE 9. Interference with Another s OO'ntracts.- No member of 

the industry shall attempt to induce the breach of an existing contract between a competitor and his customer, nor shall any such 

member interfere with or obstruct the performance of such contractual duties or services. 

RuLE 10. 001n1nen;ial Bribery.-No member of the industry shall 

give, permit to be given, or directly offer 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 ot 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 o far as such articles are actually used for the 

commercial bribery as hereinabove defined. 

RULE 11. Cash Discawnts.-No member of the industry shall give 

cash discounts under any condition in excess of ten (10) percent. 
295 

R LE 12. False Billing.-No member of the industry shall withhall from or insert in any quotation or invoice any statement that 

makes it inaccurate in any material particular. 

ARTICLE IX-SELLING BELow CosT 

The Code Authority shall cause to be formulated an accounting 

system and method o£ cost finding and,lor estimating capable of use 

by all members of the industry. After such system and methods 

haYe been formulated and approved by the Administrator, full de- tails concerning them shall be made available to all member . Thereafter all member shall determine and/ or estimate costs in accordance with the principles of such methods. 

\Vhen the Code Authority determines that an emergency exists 

in this industry and that the cause thereof is destructive price-cutting such as to render ineffective or seriou ly endanger the maintenance of the provision · of this Code, the Authority may cause to 

be determined the lowe t reasonable cost of the products of this 

industry, such determination to be subject to such notice and hearings as the Admini trator may require. The Administrator may 

approve, disapprove or modify the determination. Thereafter, during the period of the emergency, it shall be unfair trade practice for 

any member of the industry to sell or offer to sell any products of 

the industry for which the lowest reasonable cost has been determined at such prices or upon such terms or conditions of sale that 

the buyer will pay less therefor than the lowest reasonable cost of 

such products. Vlhen it appears that conditions have changed, the 

Code Authority, upon its own initiative or upon the request of any 

interested party, shall cau e the determination to be reviewed. 

ARTICLE X-CODE JURISDICTION 

If any manufacturer or employer of labor in the Lightning Rod 

Manufacturing Industry is also an employer of labor in any other 

industry, the provisions of this Code shall apply to and affect only 

that part of his bu iness which is included in the Lightning Rod 

:Manufacturing Industry. 

ARTICLE XI-MoDIFICATION 

SEC'l'ION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of subsection (b) of Soction 10 of the National Industrial Recovery Act, from time to time to cancel or modify any 

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

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

the President to cancel or modify his approval of this Code or 

any conditions imposed by him upon his approval thereof. 

SEcTION 2. This Code, except as· to provisions required by the 

Act, may be modified on the basis of experience or changes in cir-
296 lll ll lllllliili \ii l~ ~i ll ~ II lllil\ ~ lililililllllll\11 

3 1262 08584 2168 

cumstances, such modifications to be based upon application to the 

Administrator and such notice and hearing as he shall specify, and 

to become effective on approYal of the President. 

ARTICLE XII-:MoxoPOLIES, ETc. 

No pro,ision of thi Code hall be so applied as to permit monop- olie or monopoli tic practices or to eliminate oppre s or eli ·criminate against ·mall enterprise . . 

ARTICLE XIII-EFFECTIVE D ATE 

This Code shall become effective eleven days after its approval 

by the President. 

Approved 'odt> No. 394. 

Registry No. 1308-1-01. 

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