Approved ode No. 84- upplement No. 41 Regi try No. 1118-1-Q2 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

F OR THE 

OPEN STEEL FLOORING 

(GRATING) MANUFACTURING 

INDUSTRY 

( A Division of the Fabrica t ed Metal Products 

Manufacturing and Metal Finishing 

and Meta l Coating Industry) 

AS APPROVED ON JULY 11, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRI .TING OFFI E 

WASHL GTON : 1934 

For sale by the uperi nle nde nt of Docume n ts, Washingto n, D. . • - - - - • - • Price 5 c nts 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office B11ilding. 

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.: Cl1amber of Commerce Bui1ding. 

Detroit, Mich. : 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 11(33 South Broadway. 

Louisville, Ky.: 408 JJ'ederal Building. 

1\Iemphis, Tenn. : 229 Federal Building. 

Minneapolis, l\iinn.: 213 F deral Building. 

New Orleans, La. : Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, P a. : 422 Commercial Trust Building. Pittsburgh, Pa. : Cbumber of Commer ce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive StTeel 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 41 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

OPEN STEEL FLOORING (GRATING) 

MANUFACTURING INDUSTRY 

As Approved on July 11, 1934 

ORDER 

APPROVING SuPPLEl\IENTARY ConE OF FAIR Ol\IPETITION FOR THE OPE N 

STEEL FLOORING (GRATING) MANUFACTURING INDUSTRY 

A DIVI ION OF THE FABRICATED l\!ETAL PROD CTS l\IAN F ACT RING AND 

l\!ETAL FINISHING AND METAL COATING INDU THY 

73H)0°- ~U-:12 1 
2 

price lists, as orioinally filed and/or revi ed price lists or revised 

terms and conditions of sale, be and they hereby are stayed pending 

my further Order. I-Iuon S. JOirJ...;soN, 

Ad1ninistrator jo1· lnd·ustTial R cove1vy. 

Approval recommended: 

BARTON \V. MURRAY, 

Division Adrninistrator. 

WASIIINGTON, D.C., 

July 11 , 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT 

The vV hite Howse. 

rn: Thi i a r port on the Supplementary ode of Fair Competition for the Open St el Flooring (Grating) Manufacturing 

Indu try a division of the Fabricated Metal Product lVIanufacturing and ~1etal Fini hing and Metal Coating Indu try, the hearing 

having b en conducted thereon in Washington, D.C., January 8, 

1934 in a ordance with the provi ions of Title I of the National 

Indu trial Recovery Act. 

GENERAL STA TEl\IENT 

The Open Steel Flooring (Grating) Manufacturing Indu try, 

being truly r pre entative of this division of the Fabricated Metal 

Products Manufacturing and Metal Finishing and Metal oating 

Indu try, ha elected to avail itself of the option of ubmitting 

a Supplementary Code of fair practice, as provided for in S ction 

1 of Article VI of the Basic Code, for the Fabricated :.Metal Product :Manufacturing and Metal Finishing and Metal Coating 

Indu try approved by you on the second day of November, 1933. 

RESUME 0F THE CODE 

Article I tates the purpo e of the Supplementary Code. 

Article II a ·curately defines specific term employed in the Supplementary ode. 

Article III. Thi Indu try i. a clivi ion of the Fabricated ~f tal 

Product Manufacturing and Metal Fini hing and lVIetal oating 

Indu try and the labor provisions of its Ba i 1e, a apr roved 

No-vember 2 1933 are th labor provision of thi Supplem ntary 

ode. 

Articl IV . tabli he a upplementary ode Authority con i ting 

of v n (7) member cl ct cl by the memb rs of the In u try at a 

m tino· all l by the upr l mentary ole Authority on of whom 

shall be ho n from n n-meml er of the Op n te l Flooring A ociation r it u sor an l gi.v the A lmini ti·ator th authority to 

appoint n a lclib nal m mber without ~ and provide rna hin ry 

f r obtainino- tati ti . and tl e aclmini tration of the Suppl m ntary 

ocl . Arti ·l \ · t · forth th t ac ounting pro e ure to be u 1 by 

th Indu tr. upon tb a1 pr val of th \..lmini rator . ... \.r i ·I \ pro icl · ao·ain · llino· pr lu t at l . han o t to 

th ll r. 

Arti l VII pr vid .· f 

with th ~ uppl m ntar 

filing of pri 

Auth rity. 

(3) 

list and discount h ets 
4 

Article VIII sets forth the fair trade practices of this Supplementary Code which has been e pecially designed to effect fair competition in this division of the Industry. 

Article IX provides against monopolies and monopolistic practices. 

Article X contains the mandatory provisions contained in Section 

10 (b) and also provides for the submission of proposed amendments to the Supplementary Code. 

Article XI recognizes that price increases be limited to actual 

additional increases in the seller's costs. 

Article XII states the effective date and duration of this Supplementary Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Supplementary Code having found as herein set forth and on 

the basis of all the proceedings in this matter : 

I find that: 

(a) Said Supplementary Code is well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

Act, including removal of obstructions to the free flow o:f interstate 

and foreign commerce which tend to diminish the amount thereof 

and will provide for the general welfare by prompting the organization of industry for the purposes 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 possib.le utilization of the present productive capacity 

of industries, by a voiding undue restriction of production (except 

as may be temporarily required), by increasing the consumption of 

indu trial 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 en1ploys not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Supplementary 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 Subsection (b) of Section 10 thereof; and that 

the applicant association is an industrial association truly representative of thB aforesaid Industry; and that said association imposes no inequitable restrictions on admission to embership 

therein. 

(d) The Supplementary Code is not designed to and will not 

permit monopolies or monopolistic practices. 

(e) The Supplementary 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 steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Supplementary Code. 

For these reasons, therefore, I have approved this Supplementary 

Code, provided, however, that the provisions of Article VII, Section 
m 

J LY 11, 1934. 

5 

H GH . JoHNSON, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE OPEN STEEL FLOORING (GRATING) MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL :FINISHING AND METAL COATING INDUSTRY 

AnTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supplementary Code of Fair Competition for the Open Steel Flooring 

(Grating) ~1anufacturing Industry, pursuant to Article VI of the 

Basic Code of Fair Competition for the Fabricated Metal Products 

Manufacturing and Metal Finishing and 1VIetal Coating Industry 

approved by the President of the United States on the second day 

of November, 1933, and the provisions of the Supplementary Code 

shall be the standards of fair competition for this Industry and 

shall be binding upon every member of the Industry. 

ARTICLE II-DEFINITION s 

The term " Open Steel Flooring (Grating) Manufacturing Industry " is defined to mean the manufacture for sale of Open Steel 

Flooring (Grating), a structure consisting of metal strips, bars 

andj or shapes placed on edge and held solidly in place equi-distant 

from each other by means of cross bars or crimped bars secured to 

the bearing bars by riveting, interlocking or welding; except, however, su"h open steel flooring (grating) platforms considered an 

integral part of assembled machinery. 

The term "employee" as used herein includes anyone 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 by whom any 

such e1.nployee is compensated or employed. 

The term "member of the Industry" as used herein includes, but 

without limitation, any individual, partnership, association, corporation or other form of enterprise engaged in the Industry either as 

an employer or on his own or its own behalf. 

The terms "President", "Act", and "Administrator" as used 

herein shall mean, respectively, the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

The term "Basic Code," as used heroin, is defined to mean the 

Basic Code of Fair Competition for the Fabricated :Metal Products 

Manufacturing and l\1etal Finishing and Metal Coating Industry, 

as approved by the President on the 2nd day of November, 1933. 

(6) 
7 

lefined to mean 

Tetary o-E the 

the 

mean 

ode 

ARTICLE III-E::\IPLOYl\IENT PROYISION 

This Industry is a division of the Fabricated l\1etal Products 

Manufacturing and :Metal Finishing and l\tfetal Coating Industry 

and without limitation the 'Yage, hour and labor provisions in Article III of its Basic Code as a pproYecl by the President, November 2, 

1933, including Section 1 of said Article III, by which the provision 

of sub-sections (1), (2) 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 proviions of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AKD ADMINISTRATION 

SECTIO~ 1. During the period not to exceed sixty (60) days following the effectiYe elate of this Supplementary Code the Supplementary 

de Committee shall constitute a Temporary Supplementary Code 

..;.Luthority until the Supplementary Code Authority is elected. There 

hall be constituted within the sixty-day period a Supplementary 

ode Authority consisting of se\en (7) members to be elected by 

the members of the Indnstry 1 at a meeting called by the Temporary 

upplementary Code Authonty, upon ten clays' notice sent by regit::-

tered mail to all members of the Industry whose names may be a::.-

rtainefl after a diligent search, vrho may Yote either in person or by 

proxy. The members of the Supplementary Code Authority first 

lectecl shall serve until the following annual meeting of the Associa- tion, and thereafter members o:f the Supplementary Code Authority 

.;;ball be elected by the members of the Industry, at each annual meeting of the As~ociation to FClTe until the following annual meeting. The members of the Supplementary Code Authority shall be elected 

iu the follmdng manner : 

(a) One member "ho is a member of the Industry shall be elected 

by a majority Yote of all members of the Industry present in person 

r by proxy, each member to have one vote. 

(b) One nJember who i~ a member of the Industry but who is not 

a member of the Association shall be eleded by a majority vote of 

all non-membel'S of the Association, present in person or by proxy, ach member to haYe one vote. 

7~100 "---- &~V 42----34-- - 2 
8 

(c) Five m mbers by fifty-one percent vote of 1nembers of the 

As ociation, present in person or by proxy, weighted on the basis 

of one vote for each member and one additional vote for each five 

thousand dollars ($5,000) of annual net sales in the previous calendar 

year reported to the Temporary Supplementary Code Authority; 

provided, however, that no one member may cast more than twenty 

percent (20% ) of the total number of vote" cast. No two members 

of the Supplementary Code Authority shall be connected with any 

one member of the Indu try. 

A vacancy in the member hip of the Supplementary Code Authority shall be filled by a majority vote of the remaining members of 

the Supplementary Cole Authority; vrovided, however, that the 

member of the Suppl mentury Code Authority who is cho en to fill 

such vacancy shall be selected from the same class of membership 

in which the vacancy has occurred. 

In addition thereto the Administrator may appoint a member of 

the Supplementary Code Authority who without vote shall serve 

without e:s:pen e to the Industry, unless the Supplementary Code 

Authority agrees to pay such expense. The representative who may 

be appointed by the Administrator shall be given reasonable notice 

of and may sit at all meetings of the Supplementary Code Authority. 

SECTION 2. Any Association directly or indirectly participating 

in the selection or activities of the Supplementary Code Authority 

shall (1) impose no inequitable restrictions on admi sion to member hip, and (2) submit to the Administrator true copies of its 

Article· of Association, By-Laws, Regulations and any amendments 

when made thereto, together with such other information as to mem- bership, organization, and activities as the Administrator may deem. 

necessary to effectuate the purposes of the Act. 

SECTION 3. I n order that the Supplementary Code Authority 

shall, at all times, be truly representative of the Industry and in other 

respects comply with the provi ions of the Act, the Administrator 

may pre cibe such hearings as he may deem proper; and, thereafter, if he shall find that the Supplementary Code Authority is not 

truly representative or does not in other r espects comply with the 

provisions of the Act, may require an appropriate modification of 

the method of selection of the Supplem.entary Code Authority. 

SEcTION 4. It being found necessary in order to support the 

admini tration of this Supplen1entary 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 : 

(a) To incur such reasonable obli o-ations a are necessary and 

proper for the foregoing purpose and to meet such obligations 

out of funds which may be raised as hereinafter provided- and 

whi h shall be held in trust for the purposes of the Supplementary 

Code; 

(b) To submit to the Arlministrator for his approval, subj ect 

to such notice and opportunity to be heard as he may deem neces- sary : ( 1) an itemized budget of its estimated expenses for the 

foregoing purposes, and (2) an equitable basis upon which the 

fund necessary to support such budget shall be contributed by 

members of the Industry. 
9 

\.fter such budget and basis of contribuLion haYe been appro,·cd by the Administrator, to determine aml obtuin eqnitabl 

'"ntribntion as above set forth by all menlb'r~ of the In(lu~try, and 

that end, if neccssar~r. to institute legal proeeedings therefor in its 

·n name. 

~ach member of the IIHlnstry sbnll pay hjH or its equitable contribution to the expenses of the maintcn::mcc of the Supplementary 

'lc .. \uthority, determined as hereinaboYe proYided, and subject 

o rules and regulations pertainiDg thereto i~snell by the Administrator. Only membtn's of the Industry complying ·wjth the Supplementary Code shall be entitled to participate in the selection 

f members of the Supplementary Code _-\.uthority or to receive 

the benefits of any of its Yoluntar:y acti,itics or t o make use of any 

emblem or insignia of the ~ ational Recm'ery Administration. 

The Supplementary Code Authority shall neither incur nor pay 

any obligations jn excess of the amount thereof as estimated in its 

approved budget; except upon approval of the Administrator first 

obtained; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimatBs except 

those which the Administrator shall have so approYed. 

TIO~ 5. Nothing contained in this Supplementary Code shall 

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

ode Authority be liable in any 1nanner to anyone for any act of 

any other member, officer, agent or employee of the Supplementar. 

ode Authority, nor shall any member of the Supplementary Co&~ 

Authority, exercising reasonable dili&ence in the conduct of his 

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

act under this Supplementa1·y Code, except for his own willful malfeasance or non-feasance. 

ECTIO~ G. The Supple1nentary Code Authority shall also from 

time to time furnish to the Basic Code Authority, designated in said 

Basic Code, such information as may be rer.tnirec1 to be furnitihecl 

under the terms of said Basic Code . 

ECTION 7. The Supplementary Code Authority shall have all 

the powers and duties which shall be nece.>snry or proper to enabl 

it to fully administer this Supplementary Code and to effectuate it 

purpose. 

Vithout ljmitation to the foregoing, the Supplementary Code 

.Authority shall have the following further powers and duties : 

(a) To adopt By-Laws and Rule:; and Regulations for and keep 

records of its procedure and for the administration of the Supplementary Code. 

(b) To obtain from memlJers of the Inclu~try such information un{l 

reports as are required for the aclminjstration of the Supplementary 

de. In addition to information rcCJuirc<l to be submitted to the 

'uvplcmentary Code .. Authority, members of the Industry subject 

to this Supplementary Code shall furnish f:llch statistical informaion as the Administrator may deem neresf'ary for the purposes !'Cited in Section 3 (a) of the ...\.c:t to such Fcrlcral an c1 Sta tc agencies a::-· 

he may designate; proYicled that nothing in this Supplemcntar. 

le shall relic•\""c any member of the Intl us try of any existing oblia.tions to furnish reports to any Go\'Crnment agency. No individual 

report shall be disclosed to any other memlJer of th0 Industry or any 
10 

other party except to such other Governmental agencies as may be 

directed by the Administrator. 

(c) To u e nch trade a sociations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Supplementary 

Code Authority of its duties or responsibilities under this Supplementary Cod and that such trade associations and agencies shall 

at all times be ubject to and comply with the provision hereof. 

(d) To make recommendations to the Administrator for the coordination of the admini tration of thi Supplementary Code with 

such other codes, if any, as may be related to or affect the members 

of the Industry. 

(e) To recommend to th Administrator further fair trade practice provisions to govern member of the Industry in their relations 

with each other or with other Industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(f) To provide appropriare facilities for arbitration of differences between members of this Industry, and subject to the approval 

of the Administrator, to prescribe rule of procedure and rules to 

effect compliance with award and determination. 

(g) 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 practi ·es to govern the relations between employers under 

this Supplementary Code and under such other Codes to the end 

that such fair trade practices may be propo eel to the Administrator 

as amendments to this Supplementary Code and such other Codes. 

SECTION 8. To the extent permitted by the Act and subject to such 

rules as the Administrator may prescribe, the Supplementary Code 

Authority shall have power to inve tigate all alleged complaints 

filed with it by one memb3r or members of the Industry against 

another member or n1embers of the Industry and to repo-rt thereon 

to the Admini 'irator with its recommencl~tions . 

SECTION 9. To the extent permitted by the Act and subject to 

such rules and regulations as the Administrator may prescribe, any 

or all information furnished to the Supplementary Code Authority 

by any member of thi Industry pursuant to the provisions of this 

Supplementary Code shall be subject to verification by an impartial 

agency agreed upon by the Supplementary Code Authority and the 

member of the Industry in question, and, failing such agreement, 

such impartial agency shall be selected by the Administrator, which 

impartial agency may check so much of the pertinent books, accounts and records of such members of the Industry as may be 

required to verify the accuracy of the information so furnished. 

SEcTION 10. If the Administrator believes that any action of the 

Supplementary Code Authority or any agency thereof is unfair or 

unjust or contrary to the public interest, the Administrator may 

require that such action be u pended to afford an opportunity for 

investigation of the merits of such action. Further action by such 

Supplementary Code Authority or agency regarding the matter complained of may be ~alml!- if approved by the A~h~1 st ator. b~1t 

shall not be taken If disapproved by the Admuustrator within 

thirty days of notice to him of intention to proceed with such action. 
\..RTI "LE Y-A 

11 

ll pr Yi l f r the 

ur and at th pla 

and 

their 

\..dmini trator within 

uppl m ntar3 'o<l . 

l'i"TIN(, _\ TD o. 'TIN 

E 'TI x 1. Th uppl mentary ode Authori t be 

f rmula d an ac ountin ' t m an l metho l f cost findincr and/ or 

e imatino· capable of u e by all n.l mber of the Indu tr . Aft r 

u h r t m and m thod hav been formulated an 1 approv l by the 

A mini trator full details con erning th m hall be made available 

to all member-· . 'Ihereafter all members ...,hall determin and/ or 

e timate co t in accordance with the principle of "uch metho':l . ECTION 2. \\ hvn the upplementary Code Authority det rmines 

that an emergency exi t in thi Indu try and that the cau ·e thereof 

is de tructive price-cutting such as to render ineffective or ·eriou ·ly 

endanger the maintenance of the prm ision of this Supplementary 

Code the upplementary Code Authority may cau e to be determined the lowe t reasonable o t of the product of thi Indu try, 

u h det rmination to be subject to ·uch notice and hear]n · a the 

Admini trator may require. The Admini trator may appro' e, Jisapprove, or modify the determination. Th reafter durincr th period of the emerg ncy it hall be an unfair trade prac ice for any 

member of the Indu try to sell or offer to ell any pr du t of the 

Indu tr:v for which the lowe t rea onable co t ha · been determined 

at uch~ price r upon uch term or condition of ale that the 

buyer will pay le , therefor than the lowe t rea onable co t of such 

product . When it appear that conditions have chanO'ed, th npplementary 

od Authorit}, upon it wn initiati' e r upon th r que t of any 

int re te part hall cau e the let rmination to be revi wed. 

RTI LEVI- ELLIKG BELOW ~T 
12 

within or outside the United States, provided that he has first so 

reported to the Supplementary Code Authority and in such report 

has cited the competition which caused him to take such action. 

ARTICLE VII-PRICE LISTS 

(a) Each member of this Industry shall within ten (10) days 

after the effective date of this Supplementary Code, publish and 

file with the Supplementary Code Authority through its Secretary 

a net price list, or r rice list and discount sheet, as the case may 

be, individually prepared by him, and in such form and for such 

products as the Supplementary Code Authority may prescribe showing his current prices, or prices and discounts, and terms of sale 

and payment, and the Supplementary Code Authority through its 

Secretary shall immediately send copies thereof to all known manufacturers of such product . Such price lists shall be available to 

all interested buyers at th~ office of the Secretary. Revised price lists and/ or discount sheets and/ or all other conditions of sale may be published and filed from time to time thereafter with the Supplementary Code Authority through its Secretary by any mem.ber of this Industry, but such revised price lists 

andjor discount sheets andjor all other conditions of sale shall be 

filed with the Supplementary Code Authority through its Secre- tary and shall become effective ten (10) business days after actual 

receipt by the Secretary. Copies of such revised price lists andjor 

discount sheets andj or all other conditions of sale, with notice of 

the effective date thereof, shall be immediately sent to all lrnown 

manufacturers of such products and shall be available to all interested buyers at the office of the Secretary and any m.ember of this 

Industry may file, if he so desires, revisions of his price lists andj or 

discount sheets and/or all other conditions of sale, which shall become effective at the date when the revised price lists and/or discount sheets and/or all other conditions of sale first filed become 

effective, provided that he shall not establish prices lower, nor discounts greater, nor conditions of sale more favorable than those 

contained in the revised price lists and/or discount sheets and/or 

all other conditions of sale first filed. 

No m.em.ber of the Industry who files new price lists as herein 

provided shall make any annouhcement to the trade, either directly 

or indirectly, by written or printed announcement or through sales- men or other representatives, of the filing of such new lists before the 

date on which the Ust is actually filed with the Confidential Agent.

1 

(b) If and when the Supplementary Code Authority shall detennine that the orderly ilistribution and/ or marketing conditions 

require that certain pr1aducts of this Industry not now sold on the 

basis of price lists with or without discount sheets or all other 

conditions of sale or payment, should be sold on a price list basis, 

and such determination is approved by the Administrator, then 

each member of the Industry manufacturing the affected product or 

prodtlcts of the Industry shall within twenty (20) days after notice 

of such determination and approval file with the Supplementary Code 

Authority net price lists or price lists and discount sheets contain1 See paragraph 2 of order uppn>Ying thi Code. 
13 

ARTI LE \ III- UNFAIR TRADE PnA 'TI I•:s 

of 

ode 
14 

RuLE 6. S ecret R ebatcs.-N o member of the I ndustry shall offer 

or make any payment or allowance of a ecret rebate, refund, commission, credit, unearned discount or excess allowance for the purpose of influencing a sale, whether in the form of money or otherwise, nor shall a member of the Industry secretly offer or extend 

to a.ny customer any special service or privilege not extended to all 

customers of the same class. 

RuLE 7. S elling on Oonsignn&ent.-N o member of the I ndustry 

shall ·hip goods on con ignment except under circumstances to be 

defined by the Supplementary Code Authority and approved by the 

Administrator, where pe ·uliar circumstances of the In lustr·y r equire 

the practice. 

RuLE 8. B ribing Employees.-No member of the Indu try 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 of the employer of such employee, the principal of such agent 

or the r epresented party, without the knowledge of such em.ployer, 

principal or party. This provision shall not be construed to prohibit free and general distribution of articles commonly used for 

advertising except so f ar as such articles ar e actually used for commer cial bribery as her einabove defined. 

RuLE 9. I nterference with A nother's Oontracts.- No member of 

the Industry shall attempt to induce the breach of an existing con- tract between a competitor and his customer or source of supply ; 

npr shall any such member interfere with or ob tru t the performance of uch contractual duties or sen ices. 

RuLE 10. Ooercion.-No member of the Industry hall require tha-t 

the purch ase or lease of any goods be a pre-requisite to the purchase 

or lease of any other good . 

RuLE 11. S1tbstitution.-N o member of the Industry hall furnish 

articles more or less expensive, of better or inferior quality, or of 

larger or smaller size than specified, without making the proper 

aclju tment in the quoted price and clearly indicating the nature 

of the substitution. 

RuLE 12. Lwmp S1tm Bids and Oontracts.- No member of the Industry shall submit a bid or bids for two or more commodities, (one 

of which is Grating), in which the unit price of each commodity is 

not clearly stated, or accept orders or contracts for sale at a lump 

sum where the contract does not specify the exact quantity, quality 

and unit price of the product purchased. 

ARTICLE IX- MONOPOLIES 

No provision of thi Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practices, or to eliminate, 

oppress or discriminate aga.inst small enterprises. 

ARTICLE X - MODIFICATIONS 

SECTION 1. As provided by Section 10 (b) of the Act, the P resident may from time to time cancel or modify any order, approval, 

license, rule or r egulation issued under Title I of the Act. 
15 

\.nTr LE XI-Pnr E IN REA • 

\Yher a th 1 oli y of the A t to in r a e r al purcha ing power 

will be made more Efficult of on ummation if price of go ls and 

rYIC rapidly a wao· , it is r cognized that price 

increa ~ x pt u h u may be re ruired to meet individual costs 

hould be d la ' 1, and wh n made su h incr ase should, o far as 

po ibl be limited to actual ad litional in rea in the seller co ts. 

ART! LE XII-EFFECTIVE DATE AND D RATION 

upplen ntary Code shall be ome effective at 12: 01 o'clock 

A.~1. nth t nth day after it is approved by the Pre ident and hall 

continu in ffect until June 16, 1935, or the earlie t date prior thereto 

on which the Pre ident shall, by proclamation, or the Congr shall, 

by joint r solution, leclare that the e1nergency recognized by Section 

1 of the N ationul Industrial Recovery Act has ended. 

Approved Cod No. 4-Supplement No. 41. 

Regi try No. 1118-1-02. 

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UNIVERSITY OF FLORIDA 

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