Approved Code No. 84A-Arnendment No. 1 Registry No. 1123-08 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

METALLIC WALL STRUCTURE 

INDUSTRY 

U.S. 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON OCTOBER 30, 1934 

WE DO OUR PART 

Eft08fTOPfV 

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WASHINGTON : 1934 

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• 
Approved Code No. 84A-Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

METALLIC WALL STRUCTURE INDUSTRY 

As Approved on October 30, 1934 

ORDER 

APPROVING AMENDMENT oF SUPPLEMENTARY CoDE OF FAIR Co:uPETITION FOR THE METALLIC 'VALL STRUCTURE INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND l\IETAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of amendments 

to a Supplementary Code of Fair Competition for the Metallic Wall 

Structure Industry, and a hearing having been duly held thereon and 

the annexed report on said amendments, containing findings with 

respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate, by reference, said annexed report and does 

find that said amendments and the Supplementary Code as constituted after being amended comply in all respects with the pertinent 

provisions and will promote the policy and purposes of said Title 

of said Act, and does hereby order that said amendments be and they 

are hereby approved, and that the previous approval of said Supplementary Code is hereby modified to include an approval of said 

Supplementary Code in its entirety as amended, such approval and 

such amendments to take effect ten ( 10) days from the date hereof 

unless good cause to the contrary is shown to the National Industrial 

Recovery Board before that time and the National Industrial Recovery Board issues a subsequent order to that effect. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, Administrative Officer. 

Approval recommended : 

KILBOURNE JOHNSTON, 

Acting Division Administrator. 

wASHINGTON, D. c., 

October, 30, 1934. 

94758°----1244-117----34 (1) 
REPORT TO THE PRESIDENT 

The PnE IDENT, 

The White Howe. 

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

compliance with the provisions of the National Industrial Recovery 

Act for amendment of the Supplementary Code of Fair Competition for the Metallic '\iVall Structure Industry by the Supplementary 

Code Authority for that Industry, on which a public hearing was 

held in Washington, D. C. on September 12, 1934. 

The na.me of the industrial association originally sponsoring this 

Supplementary Code ha been changed and Article II, Section 7, 

is accordingly amended. 

Article III has been rewritten to definitely incorporate in this 

Supplementary Code the labor provisions of the Basic Code for 

the Fabricated Metal Products Manufacturing and Metal Finishing 

and Metal Coating Industry. 

The deletion of Section 1 of Article IV ·and the substitution of 

a new ·ection is for the purpose of making the election of the Supplementary Code Authority more equitable. 

Article IV, Section 4 has be-en rewritten to conform to the provisions of the model Code. 

The addition to the wording of Subsection (d) of Section 5, 

Article IV, provides for the impartial agency to operate the Quantity 

Bureau for the purpose of checking the bids made by members of 

the Industry. 

Subsection (e) of Section 5, Article IV, has be·en deleted for the 

reason that these provisions are now covered in the mandatory assessments provisions which are also incorporated in the Supplementary 

Code by this amendment. 

The Supplementary Code in Subsection (f) of Section 5, Article 

IV, as originally approved, in effect, provided for voluntary contributions on the part of th-e members of the Industry. The present 

amendment of this Subsection is proposed to create a legal obligation, on the part of the Industry Members, to pay their pro rata 

share of the expenses of the Supplementary Code Authority. 

A new Subsection (h) of Section 5, Article IV, has been inserted 

in lieu of the original Subsection (h) and the new provisions relate 

to the collection of statistical information. 

The new Section 6 of Article IV, provides for the members of the 

Industry to file a complaint of any alleged violation of the Supplementary Code. and further provides that those members desiring to 

do so may enter into an agreement whereby, when a violation of a 

provision of the code has been determined, the member of the Industry assenting to the agreem.ent, shall make restitution in accordance 

w1th the penalty prescribed for the type of violation. 

The amendment of Subsection (d), Section 3, Article V, provides 

that no lump sum prices shall be quoted or orders accepted unless 

(2) 
3 

they are based exclusively on quantities and pecifications previously 

reported to, and approved as correct by the Quantity Bureau. 

The changes in Section 5, Article V, provides for the listing in detail the necessary temporary additions to the filed price lists. 

The addition to Section 11, Article V proYides for the responsibility on the part of the seller if he failed to curry out the contract 

precisely. 

The amendment of Section 12, Article V, provides for the limitation of samples and where exceptions are made they should be subject 

to approYal of the Supplementary Code Authority. 

FINDINGS 

The Deputy Administrator, in his final report to the National Industrial Recovery Board on said amendments of said Supplementary 

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

proceedings in this matter: 

It has been found that: 

(a) The amendments of said Supplementary Code and the Supplementary Code as modified are well designed to promote the 

policies and purposes 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 diminish the amount 

thereof, and will provide for the general welfare by promoting the 

organization of industry for the purpose of co-operative action of 

labor and management under adequate governmental sanction and 

Eupervision, 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 r elieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as amended complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation subsection (a) of Section 3, subsection (a) of 

Section 7 and subsection 10 thereof. 

(c) The amendments and the Supplementary Code as amended 

are not designed to and will not permit monopolies or monopolistic 

practices. 

(d) The amendments and the Supplementary Code as amended 

are not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. 

(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 

amendments. 

For these reasons these amendments have been approved. 

For the National Industrial Recovery Board: 

OcTOBER 30, 1934. 

G. A. LYNCH, 

Administrative Officer. 
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE METALLIC WALL STRUCTURE 

INDUSTRY 

A DIVISION OF THE FABRICATED 1\HITAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND M:ETAL COATING INDUSTRY 

Article II, Section 7, last ·line, delete the words "National Steel 

Partition Association" and substitute the following, "National Metallic \Vall Structure Association or its successors". 

Delete the entire Article III and substitute the following language: 

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

Products ~1anufacturing and Metal Finishing and Metal Coating 

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

November 2, 1933, and as thereafter amended, including Section 1 of 

said Article III, by which the provisions of subsections (1), (2) 1 and (3) of Section 7 (a) of Title I of the Act are made conditions 

of this Code, are specifically incorporated herein and made a part 

hereof as the wage., hour, and labor provisions of this Supplementary 

Code." 

Delete all of the present Section 1 of Article IV and substitute in 

lieu thereof the following: 

" SEc. 1. The Supplementary Code Authority shall consist of seven 

(7) members who shall be elected in the following manner: 

(a) Five (5) members elected by a majority vote of all members 

of the Industry who are members of the Association and present in 

person or by proxy, each member to have one vote. 

(b) Two (2) members who are non-members of the Association 

(provided there are any such members), shall be elected by a majority vote of all members of the Industry who are non-members o£ 

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

have one vote. 

(c) In addition thereto the Administrator may appoint one ( 1) 

member to the Supplementary Code Authority who without vote 

shall serve without expen e to the Industry. 

The Supplementary Code Authority shall cause a meeting of the 

members of the Industry to be held at the time and place of the 

annual meeting of the Association, upon twenty (20) days' advance 

notice of such meeting to all members of the Industry, whose nam.es 

can be ascertained after diligent search. The members of the Supplementary Code Authority elected at such meeting shall serve until 

the next following annual meeting, and thereafter members of the 

Supplementary Code Authority shall be elected as hereinabove 

provided. 

(4) 
5 

In the eYent the non-members of the Association fail to elect the 

two members as hereinabove provided, uch two member shall be 

el~cted by a majority Yote of all members of the Industry, and failing 

such election the Administrator may appoint such two members. 

A Yacancy in the membership of the Supplementary Code Author- it! shall be filled by a majority vote of all the remaining members 

o the Supplementary Code Authority, provided that the vacancy 

to be filled shall be ubject to the aforementioned clas ification of 

membership. 

In the event any of the elected members of the Supplementary 

Code Authority fail or refuse to act, and notice thereof shall be 

given to the Administrator, then subject to the disapproval of the 

Administrator, the remaining members of the Supplementary Code 

Authority shall constitute the Supplementary Code Authority until 

such member has signed or been removed and the vacancy caused 

thereby has been filled. 

Delere all of the present Section 4 of Article IV and substitute in 

lieu thereof the following: 

"SECTION 4. Nothing contained in this Supplementary Code shall 

constitute the members of the Supplementary Code Authority partners for any purpose. Nor shall any member of the Supplementary 

Code Authority be liable in any manner to anyone for any act of 

any other member, officer, agent, or employee of the Supplementary 

Code Authority. Nor shall any member of the Supplementary Cocle 

Authority, exercising reasonable diligence in the conduct of his 

duties hereunder, be liable to anyone for any action or omission to 

act under this Supplementary Code, except for his own wilful malfeasance or non-feasance." 

Insert in the second line of Subsection (d) of Section 5 of Article 

IV, after the words "trade information", the words "to operate 

impartial and confidential Quantity Bureaus in accordance with 

rules and regulations approved by the Administrator for the correct determination of customers' requirements, such requirements to 

relate to quantities and kind only, and not to prices." 

Delete the entire present Sub ection (e) of Section 5 of Article 

IV. 

Insert a new Subsection (e) of Section 5 of Article IV, to read as 

follows: 

" (e) Every employer shall make reasonable provisions 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 for approval 

within three months after the effectiv~ dare of this Code provision. 

The standards approved shall thereafter be a part of this Code and 

enforceable as such." 

Delete present Subsection (f) of Section 5 of Article IV and 

substitute in lieu thereof the following: 

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

of this Supplementary Code and· to maintain the standards of fair 

competition established hereunder and to effectuate the policy of the 

Act, the Supplementary Code Authority is authorized: 
6 

(a) 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 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 

'purposes, and (2) an equitable basis upon which the :funds necessary 

to support such budget shall be contributed by all members o:f 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 such members of the Industry, 

and to tha.t end, if necessary, to institute legal proceedings therefor 

in its own name. 

2. Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Supplementary 

Code Authority 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, unless 

duly exempted from making such contributions, shall be entitl~d to 

participate in the selection of members of the Supplementary Code 

Authority or to receive the benefit of its voluntary activities, or to 

make use of any emblem or insignia of the National Recovery 

Administration. 

3. The Supplementary Code Authority shall neither incur nor 

pay any obligation substantially in excess of the amount thereof 

as estimated in its approved budget, and shall in no event exceed 

1 the total amount contained in the approved budget, except upon 

i ap.rroval of the Administrator; and no subsequent budget shall con-

; ta1n any deficiency item :for expenditures in excess of prior budget 

'estimates except those which the Administrator shall have so 

' approved. 

Delete the entire Subsection (h) of Section 5 of Article IV and 

in lieu thereof insert the following: · 

' "(h) To obtain from the me1nbers of the Industry through its 

confidential agent, such information and reports as are required for 

the administration of this Supplementary Code. In addition to 

information required to be submitted to the Sup:plementary Code 

Authority, the members of the Industry subject to th1s Supplementary 

Code shall furnish such statistical information as the Administrator 

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

the Act to such Federal and State agencies as he 1nay designate; 

provided that nothing in this Supplementary Code shall relieve any 

member of the Industry of any existing obligations to furnish 

reports to any Government agency. No individual report shall be 

disclosed to any other members of the Industry or any other party 

except to such Government agencies as may be directed by the 

Administrator." 
7 

Renumber the present Section 6 o£ Article IV as Section 7 and 

insert the following new Section 6: 

SEC. 6. The members of the Industry shall report in the first instance to the Supplementary Code Authority or its appointees any 

complaints regarding an alleged violation of this Supplementary 

Code. Recognizing that the violation of any provision of this 

Supplementary Code by a membe.r of the Industry will disrupt the 

normal course of fair competition in the Indu try and cause serious 

damage to others, and that it will be impossible accurately to determine the amount of such damage, it is hereby provided that those 

members who may desire to do so may enter into an agreement 

amm~g. themselves, for a definite period and embodying the following 

prOVISIOnS : 

(a) Each member violating any provision of this Supplementary 

Code shall pay to the Treasurer of the Supplementary Code Authority, as an individual and not as Treasurer, in trust, as and for liquidated damages, upon determination of violation by the Administrator or any impartial agency or person named by the Supplementary 

Code Authority or designated by the assentors to this agreement and 

approved by the Administrator, amounts as set forth below: 

(1) For the violation of any wage provision, an amount equal to 

the difference between the wages which have been paid and the wages 

which would have been paid if the member had complied with the 

applicable provi ions of the Supplementary Code; 

(2) For the violation of any hour provision, an amount equal to 

the wages payable for the overtime at the regular rate payable under 

the terms of the Supplementary Code, to the employee or employees 

who worked overtime. 

(3) For the violation of any labor provi ion of the Supplementary 

Code other than an hour or wage provision, the sum of One Hundred ($100.00) Dollars. 

( 4) For the violation of any 1?rovision of the Supplementary Code 

(other than a labor provision) Involving a transaction incidental to 

or connected with a sale of any product of the Industry, an amount 

equal to twenty-five (25%) percent of the actual selling price of the 

product sold in violation of any such provision, or of the price at 

which the product should have been sold under the Supplementary 

Code, if determinable, whichever is the higher. 

( 5) For the violation of any provision of the Supplementary 

Code (other than a labor I?rovision) not involving a transaction 

incidental to or connected with a sale of any product of the Industry, the sum of One Hundred ($100.00) Dollars. 

(b) All amounts so paid to or collected by the Treasurer of the 

Supplementary Code Authority under the provisions of this agreement, shall be applied by him as follows: First, if the violation 

shall have been of a labor provision of the Supplementary Code, 

equitable distribution of all damages paid therefor shall be made 

among all employees directly affected by such violation; Second, 

if the violation shall have been of a Supplementary Code provision 

other than a labor provision, the damages arising therefrom shall 
8 

be utilized to defray proper expenses of Supplementary Code administration, and the balance, if any, remaining in the hands of the 

Treasurer shall be distributed semi-annually among members of 

the Industry who have assented hereto and who have not been determined to have been guilty of a violation of a Supplementary Code 

provi ion during the preceding semi-annual period on the basis of 

the most recent assessment made against members of the Industry 

for the expense of Supplementary Code administration. 

(c) A sent to this agreement by any member shall be evidenced 

by a ·igned copy of the agreement, filed with the Supplementary 

Code Authority. Failure to ass8nt to this agreement shall not depriYe any member of any other right or privilege under the Supplementary Code. By so assenting, each member agrees with every 

other assenting member and the Treasurer, individually (1) that 

violation of a Supplementary Code provision shall breach this agreen1ent and shall render the violator liable for the payment of liquidated damages as herein provided, (2) all rights and causes of action 

arising hereunder are assigned to the Treasurer, individually and 

in trust, and (3) that the Treasurer, as such assignee and as attorney 

in fact for each assenting member, may take all proper legal action 

concerning damages found due hereunder. 

(d) The Supplementary Code Authority may waive liability for 

payment of liquidated damages for any violation it finds to have 

been innocently made and resulting in no material injury. 

(e) The Treasurer of the Supplementary Code Authority, as an 

individual and not as Treasurer, by accepting office, accepts the 

trust established by this agreement and agrees to perform the duties 

of Trustee hereunder until his successor in office may have been 

appointed. 

(f) Nothing contained herein shall be construed or applied to (a) 

deprive any person of any right or right of action ansing out of 

this Supplementary Code, or (b) relieve any member of the Industry from any contractual or legal obligatiOn arising out of this 

Supplementary Code or of the Act or otherwise; nor shall violation 

of this agreement by an assenting member be deemed a violation of 

the Supplementary Code, so as to subject the violator to any consequence arising under Section 3 (b), Section 3 (c), or Section 3 (f) 

of theN ational Industrial Recovery Act, nor to any criminal prosecution of any kind. 

Insert in the first line of Subsection (d) of Section 3 of Article V, 

after the words "shall sell" the words "or offer for sale", and 

add at the end of this Subsection (d), the following: 

Lump sum prices shall not be quoted, nor shall lump sum orders 

be accepted, unless they be based exclusively on quantities and specification interpretations previously reported to, and approved as correct by, such Quantity Bureau as the Supplementary Code Authority may establish for any division of the Industry. All actions of 

said Quantity Bureau shall be under the control of the Supplementary Code Authority and subject to review and approval by 

the Administrator in case of controversy. 

Remove period at end of Section 5 of Article V and add the 

following: 
9 

Instead of ten (10) days in advance as is otherwise required by 

Section 3 (b) of this Article, listing in detail the necessary temporary additions to price li t and identifying the corresponding 

quantities and specification when reporting same as required by 

Section 3 (d) of this Article. 

Add to the present Section 11 of Article V, the following sentence : 

"The provisions of thi Section shall not prevent the guaranteeing 

of workmanship or material." 

In Section 12 of Article V, following the words "established 

prices or ", delete the balance of the sentence and substitute the 

following language : 

"except under circumstances to be defined by the Supplementary 

Code Authority and approved by the Administrator." 

Approved Code No. 84A-Amendment No. 1. 

Registry No. 1123-08. 

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