Approved Code No. 367-Amendrnent No. 1 Registry No. 1118-25 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

C·ODE OF FAIR COMPETITION 

FOR THE 

METAL TREATING INDUSTRY 

AS APPROVED ON JUNE 27, 1934 

WE DO OUR PART 

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WASHINGTON: 1934 

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Approved Code No. 367-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

METAL TREATING INDUSTRY 

As Approved on June 27, 1934 

ORDER 

AMENDMENT TO C0DE OF FAIR COMPETITION FOR THE METAL TREATING 

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 approval of an amendment to a Code of Fair Competition for the Metal Treating Industry, 

and as contained in a Published Notice of Opportunity to File 

Objections, Administrative Order No. 367-3, dated June 2, 1934, 

and no objections having been filed as provided in said Published 

Notice, and the annexed report on said amendment, containing findings with respect thereto, having been made and directed to the 

President. NO,V, THEREFORE, on behalf of the President of the United 

States, I , Hugh S. Johnson, Admini trator for Industrial Recovery, pursuant to authority ve ted 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 amendment and the Code as constituted 

after being amended comply in all respects with the pertinent provi ion and will promote the policy and purpo es of said Title of 

·aid 'Act and do hereby order that aid amendment be and it is 

hereby approved and that the previous approval of said Code is 

hereby amended to include an approval of said Code in its entirety 

a a.mended, such approval and such amendment to take effect ten 

(10) days from the date hereof unle good cause to the contrary 

is shown to the Admini trator before that time and the dministrator 

issues a subsequent order to that effect. 

HUGHS. JOHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended: 

BARTON vv. MURRAY, 

Acting Division Admini trator. 

vv AsHINGToN D.c., 

J·une f7, 1934. 

70516°-657- 166-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: An application has been duly made pursuant to and in full 

compliance with the provisions of the National Industrial Recovery 

Act, for an Amendm.ent to the Code of Fair Competition for the 

Metal Treating Industry, submitted by the Code Authority for the 

said Industry. 

The existing provision of Article VI, Section 7 of the Code for 

said Industry, is entirely inadequate in view of Executive Order 

6678 and Administrative Order X-36, and it is therefore evident 

that the proposed amendment to Article VI of said Code, the provisions of which follow clo ely the text of the above mentioned Orders, 

will overcome the existing inadequate provisions. 

FINDINGS 

The D puty Administrator in his finai report to me on said 

amendment to gaid Code having found as herein set forth and on 

the ba is of all the proceedings in this matter: 

I find that: 

(a) The amendment to said Code and the Code as amended are 

well designed to prom.ate the policies and purpo es of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the :free flow of interstate and foreign commerce which tend 

to di mini h 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 1naintaining 

united action of labor and management under adequate govermnental 

sanction and supervision, by eliminating unfair competitive practices, 

by promoting the fullest pos ible utilization of the present productive capacity of the industries, by avoiding undue restrictions of 

production ( except as may be temporarily required), by increasing 

the con umption of industrial and agricultural products through increasing purcha ing power, by reducing and relieving unemployment by improving standards of labor, and by otherwi e rehabilitating industry. 

(b) The Code as amended complies in all resl?ects with the pertinent provi ions 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. 

( c) Th amendment and the Code as amended are not design;:d 

to and will not permit monopolies or monopolistic practices. 

( cl) The amendment and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(2) 
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( e) Those engaged in other steps of the economic process have 

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

amendment. 

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

Respectfully, 

HUGH 8. JOHNSON, 

A d1ninist?-ator. 

JUNE 27, 1934. 
:MODIFICATION TO CODE OF FAIR COMPETI TI ON FOR 

THE METAL TREATING INDUSTRY 

PURPOSE 

Pursuant to Article VI of the Code of Fair Competition for the 

Metal Treating Industry, duly approved by the Administrator on 

March 26, 1934, and further to effectuate the polici~s of Title I of 

the National Industrinl Act, the following modification is established as a part of said Code of Fair Competition and shall be 

binding upon every 1nernber of the Metal Treating Industry. 

J\fODIFICATION 

J\fodify Article VI by deleting Section 7 and substituting in lieu 

thereof the following: 

7. It being found necessary in order to support the administration 

of this Code and to maintain the standards of fair competition establi heel hereunder and to effectuate the policy of the Act, the Code 

Authority is authorized, subject to the approval of the Adminis- trator: 

(a) To incur such reasonable obligations as are neces ·ary 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 purpose of the Code. 

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

such notice and opportunity to be heard as he may deem necessary, 

( 1) an itemized budget of its estimated expenses for the foregoing 

purpo es, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by all members of the 

Industry. 

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

contribution as above set forth by all uch members of the Industry, 

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

in its own name. 

8. Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority as hereinabove provided, and subjeet 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 the member of the Code Authority 

or to receive the benefit of its voluntary activities or to make nse of 

any emblem or insignia of the National Recovery Administration. 

(4) 
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The Code Authority shall neither incur nor pay any obligation in 

exc~ss of the amount thereof as estimated in its approved budget, 

except upon approval of the Administrator; and no subsequent 

budget shall contain any defi ciency item :for expenditures in excess 

of prior budget estimates except tho e which the Administrator shall 

have so approved. 

Approved Code No. 367-Amendment No. 1. 

Registry No. 1118--25. 

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