Approved Code No. 329-Amendment No. 1 Registry No. 1154-91

NATIONAL RECOVERY ADMINISTRATION

AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE

UPHOLSTERY

SPRING AND ACCESSORIES

MANUFACTURING INDUSTRY

AS APPROVED ON AUGUST 4, 1934

WE DO OUR PART

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WASHINGTON: 1934

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Approved Code No. 329-Amendment No. 1

AMENDMENT TO CODE OF FAIR COMPETITION

FOR THE

UPHOLSTERY SPRING AND ACCESSORIES

MANUFACTURING INDUSTRY

As Approved on August 4, 1934

ORDER

APPROVING MODIFICATION OF CODE OF FAIR ComrETiToN FOR TIlE

UPHOLSTERY SPRING AND ACCEsSORIES MANUFACTURING I NIDUSTRY

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 approval of a modification

to a Code of Fair Competition for the Upholstery Spring and Accessories Manufacturing Industry, and as contained in a Published

Notice of Opportunity to be Heard, Administrative Order No. 329-7, dated July 9, 1934, and no objections having been filed as provided in

said Published Notice, and the annexed report on said modification

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 6543-A, dated December 30, 1933, and otherwise, do hereby incorporate by reference said annexed report

and do find that said modification and the Code as constituted after

being modified comply in 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 modification be and it is hereby

approved, and that the previous approval of said Code is hereby

modified to include an approval of said Code in its entirety as modified, such approval and such modification to take effect ten (10)

days from the date hereof, unless good cause to the contrary is shown

to the Administrator before that time and the Administrator issues

a subsequent order to that effect.

HUGH S. JohNsoN,

Administrator for Industrial Recovery.

Approval recommended:

C. E. ADAMS,

Division Administrator.

WAShINGTON, D.C.,

Augmst 4, 1934.

78183*--1044-32--34 (1)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

Sin: A proposed modification to the Code of Fair Competition for

the Upholstery Spring and Accessories Manufacturing Industry was

submitted to the National Recovery Administration on May 19, 1934, by the Upholstery Spring and Accessories Manufacturers' Association, Inc., in accordance with Article XIII of said Code approved on

March 10, 1934.

This modification of the Code was submitted to the Legal Division

and at their suggestion the modification was revised and resubmitted

on June 7, 1934, in its present form for approval.

Notice of Opportunity to be Heard prior to July 21, 1934, was

published on July 9, 1934. No requests for hearing were filed.

This modification of the Code provides for the submission of a

Budget and equitable Basis of Assessment and the collection of such

assessment to cover the expenses of Code administration.

The Deputy Administrator in his final report to me on said modification of said Code having found as herein set forth and on the basis

of all the proceedings in this matter:

I find that:

(a) The modification of said Code and the Code as modified are

well designed to promote the policies and purposes of Title I of the

National Industrial Act, including the removal of obstructions to

the free flow of interstate and foreign commerce which tend to diminish the amount thereof, and will provide for the general welfare

by promoting the organization of Industry for the purpose of cooperative action among trade groups by inducing and maintaining

united action of labor and management under adequate governmental sanction 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) The Code as modified complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and

sub-section (b) of Section 10 thereof.

(c) The Upholstery Spring and Accessories Manufacturers' Association, Inc., was and is an industrial association, truly representative

of the aforesaid Industry and said Association imposed and imposes

no inequitable restrictions on admission to membership therein and

has applied for this modification.

(2)
3

(d) The modification and the Code as modified are not designed to

and will not permit monopolies or monop olistic practices.

(e) The modification and the Code as modified are 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

modification.

For these reasons, therefore, I have approved the modification

of the Upholstery Spring and Accessories Manufacturing Industry

Code.

Respectfully,

HUGH S. JOhNsON,

Administrator.

AUGUST 4. 1931.
MODIFICATION TO CODE OF FAIR COMPETITION FOR

THE UPHOLSTERY SPRING AND ACCESSORIES MANUFACTURING INDUSTRY

Article VII, Section 4, is hereby deleted.

Article VII, Section 5, is hereby redesignated as Article VII, Section 4.

Article VII, Section 6, is hereby redesignated as Article VII, Section 5, and sub-paragraph (i) is modified to read as follows:

Section 5, sub-paragraph (i). It being found necessary, in order

to support the administration of this Code and to maintain the

standards of fair competition established by this Code and to effectuate the policy of the Act, the Code Authority is authorized;

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

proper for the foregoing purposes and to meet such obligations out

of funds which may be raised as hereinafter provided and which

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

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

to such notice and opportunity to be heard as he may deem necessary, (a') an itemized budget of its estimated expenses for the foregoing

purposes, and (b) an equitable basis upon which the funds necessary

to support such budget shall be contributed by Members of the

Industry;

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

contribution as above set forth by all Members of the Industry, and

to that end, if necessary, to institute legal proceedings therefor in

its own name;

(4) Each member of the industry shall pay his or its equitable

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and

regulations pertaining thereto issued by the Administrator. Only

members of the industry complying with the code and contributing

to the expenses of its administration as hereinabove provided, shall

be entitled to participate in the selection of members of the Code

Authority or to receive the benefits of any of its voluntary activities

or to make use of any emblem or insignia of the National Recovery

Administration.

(5) The Code Authority shall neither incur nor pay any obligation in excess of the amount thereof as estimated in its approval

budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expenditures

in excess of prior budget estimates except those which the Administrator shall have so approved.

Article VII, Section 7, is hereby redesignated as Article VII,

Section 6.

Approved Code No. 329-Amendment No. 1.

Registry No. 1154-01.

(4)

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