Approved Code No. 84-Supplement No. 55 Registry No. 1127-01 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

ARCHITECTURAL, ORNAMENTAL, AND 

MISCELLANEOUS IRON, BRONZE, 

WIRE, AND. METAL SPECIALTIES 

MANUFACTURING INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON NOVEMBER 20, 1934 

Al 1' ,... ,.. 

-__ · 

_... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, V{ashington, D. C. - - - - - - - - - Price 5 cents 

l ( 
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 DEP ARTM.ENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

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. : Chamber of Commerce Building. 

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. : 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 40-6 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 55 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

ARCIDTECTURAL, ORNAMENTAL, AND MISCELLANEOUS IRON, BRONZE, WIRE AND METAL 

SPECIALTIES MANUFACTURING INDUSTRY 

As Approved on N overnber 20, 1934 

_.ORDER 

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE 

ARCHITECTURAL, ORNAMENTAL, AND MISCELLANEOUS IRON, BRONZE, 

WIRE AND METAL SPECIALTIES MANUFACTURING I NDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL 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, and in accordance with the 

provisions of Section 1 of Article VI of the Basic Code for the 

F abricated Metal Products Manufacturing and Metal Finishing and 

J\1etal Coating Industry, approved November 2, 1933, for approval 

of a Supplementary Code of Fair Competition for the Architectural, 

Ornamental, and Miscellaneous Iron, Bronze, Wire and Metal Specialities Manufacturing Industry; and hearing having been duly 

held thereon; and the annexed report on said Supplementary Code 

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

NOvV, 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 

E xecutive Order No. 6859, and otherwise; does hereby incorporate 

by r eference said annexed report and does find that said Supplementary Code complies 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 Supplementary Code of Fair 

Competition be and it is hereby approved. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. H ARRIMAN, Administrative Officer. 

Approval recommended : 

ICILBOURNE JOHNSTON' 

Acting Division Adminisfrator. 

vv AsHINGToN, D. c., 

N ove1nber BO, 1934. 

98500°-1325- 74-34-1 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on the Supplementary Code of Fair Competition for the Architectural, Ornamental, and Miscellanoous Iron, 

Bronze, Wire and Metal Specialties Manufacturing Industry, a 

Division of the Fabricated Metal Products Manufacturing and 

Metal Finishing and Metal Coating Industry, the hearing having 

been conducted thereon in Washington, D. C., May 8, 1934, in accordance with the provisions of Title I of the National Industrial 

Recovery Act. 

GENERAL STATEMENT 

The Architectural, Ornamental, and Miscellaneous Iron, Bronze, 

Wire, and Metal Specialties Manufacturing Industry, being truly 

representative of this division of the Fabricated Metal Products 

Manufacturing and Metal Finishing and Metal Coating Industry, 

has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition, as provided for in Section 1 

of Article VI of the Basic Code, for the Fabricated Metal Products 

Manufacturing and Metal Finishing and Metal Coating Industry, 

approved by you on the Second day of November, 1933. 

RESUME OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. 

Article III. This Industry is a division of the Fabricated Metal 

Products Manufacturing and Metal Finishing and Metal Coating 

Industry and the labor provisions of its Basic Code, as approved 

November 2, 1933, are the labor provisions of this Supplementary 

Code. 

Article IV establishes a Supplementary Code Authority consisting 

of twenty-five (2'5) members to be elected by the members of the 

Industry at a meeting called by the Temporary Supplementary Code 

Authority, and gives the National Industrial Recovery Board the 

authority to appoint one additional member without vote and 

provides machinery for obtaining statistics and the administration 

of the Supplementary Code. 

Article V provides for the formulation of an accounting system 

for determining allowable cost. 

Article VI provides means for preventing destructive price cutting. 

Article VII provides for the filing of prices for products of the 

Industry.· Article VIII sets forth the unfair trade practices of this Supplementary Code avoidance of which is especially designed to offset 

unfair competition in this division of the Industry. 

(2) 
3 

Article IX contains the mandatory provisions contained in Section 

10 (b) of the Act and also provides for the· submission of proposed 

amendments to the Supplementary Code. 

Article X provides against monopolies and monopolistic practices. 

Article XI recognizes that price increases be limited to actual 

additional increases in· the seller's costs. 

Article XII states the effective date of this Supplementary Code. 

FIXDINGS 

The Assistant Deputy Administrator in his final report to us on 

said Supplementary Code having found as herein set forth and on 

the basis of all the proceedings in this matter: 

We find that : 

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

policies and purposes of Tj_tle I of the National Industrial Recovery 

Act, including removal of obstructions to the free fl.ow 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 purposes of cooperative action among the 

trade groups, by j_nducing and maintaining unitBd action of labor 

and management under adequate governmenta.l 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 reaucing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than fifty thousand employees; and is not classified by us 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 group is an industria.l group truly representative of 

the aforesaid Industry. 

( 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, We hereby r commend the approval 

of this Supplementary Code. 

For -The National Industrial Recovery Board: 

NOVEMBER 20, 1934 

vv. A. HARRIMAN, 

Ad11iinistrative Officer. 
• 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE ARCHITECTURAL, ORNAMENTAL, AND MISCELLANEOUS IRON, BRONZE, WIRE AND METAL SPECIALTIES MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRIOATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL OOATING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial Recovery Act, the followin~ provi ions are established as a Supplementary Code of Fair vompetition for the Architectural, Ornamental, and Miscellaneous Iron, Bronze, Wire, and Metal Specialties 

Manufacturing Industry, pursuant to Article VI of the Basic Code 

of Fair Competition for the Fabricated Metal Products Manufacturing and ~1etal Finishing and Metal Coating Industry, approved by 

the President of the United States on the second day of November, 

1933, and the provisions of this Supplementary Code shall be the 

standards of fair competition for the Architectural, Ornamental and 

Miscellaneous Iron, Bronze, "Tire and :Metal Specialties Manufacturing Industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " The Architectural, Ornamental, and Miscellaneous Iron, Bronze, Wire, and Metal Specialties ~1anufacturing 

Industry" hereafter referred to as "The Industry", is defined to 

mean the manufacturing and processing for sale-as well as contracting for manufacturing, furni hing and/ or installing, repairing, or 

servicing-of ferrous and non-ferrous metal products including aluminum, in or on any building or tructure, but not including ferrous 

and non-ferrous metals becoming a part of the manufactured products of another industry, nor such functions of erection or installing 

as are subject to other codes which have been approved by the President or which may be so approved. 

SECTION 2. The term "Memb r 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 or its own behalf. · SECTION 3. The term " employee " as used herein includes any and 

all per ons engaged in the indu try, however compensated, except a 

member of the Industry. SECTION 4. The term "employer" as u ed herein includes anyone 

by whom such employee is compensated or employed. 

SECTION 5. The terms "Act" and "National Industrial Recovery 

Board" as used herein mean respectively, Title I of the National 

(4) 
5 ' 

Industrial Recovery Act, and the National Industrial Recovery 

Board. 

SECTION 6. The term" President" as used herein means the President of the United States. 

SECTION 7. The term " Basic Code " as used herein means the Basic 

Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved by the President of the United States on the 2nd day of 

November, 1933. 

SECTION 8. The term "Supplementary Code Authority" as used 

herein shall mean the agency which is to administer this Supplementary Code, as hereinafter provided. 

SECTION 9. The term "Supplementary Code Committee" as used 

herein is defined to mean the Committee elected by the Thirty-three 

(33) Associations and trade groups submitting this Supplementary 

Code. 

SECTION 10. The term " District " as used herein shall mean one of 

the twelve (12) Federal Reserve Districts. 

SECTION 11. The term " Regional Code Authority " as used herein 

shall mean that administrative body which is set up in accordance 

with the provisions of subsection ( d) of Section 1 of Article IV of 

this Supplementary Code. 

ARTICLE III-EMPLOYMENT PROVISIONS 

The Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, and 

without limitation the wage, hour, and labor provisions in Article 

III of its basic code as approved by the President, November 2, 1933, 

including Section I oi said Article III by which the provisions of 

Subsections ( 1), ( 2) and ( 3) of Section 7 (a) of Title I of the Act 

are made conditions of this Supplementary Code, are specifically 

incorporated herein and made a part hereof as the wage, hour, and 

labor provisions of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AND Amu:nnsTRATION 

SECTION 1. During the period not to exceed sixty (60) days follow- 1 

ing the effective date of this Supplementary Code, the Supplementary Code Committee shall constitute a temporary Supplementary 

Code Authority until the Supplementary Code Authority is elected. 

There shall be constituted within th.e sixty (60) day period a Supplementary Code Authority consisting of twenty-five (25) members 

to be nominated and elected by the members of the Industry at a 

meeting or meetings called by the temporary Supplementary Code 

Authority, upon fifteen days' notice sent by registered mail to all 

members of the Industry, whose names may be ascertained after 

diligent search, who may vote either in person or by proxy or by 

letter ballot. The members of the Supplementary Code Authority 

first elected shall serve until the following annual meeting of the 

1nembers of the Industry or until their successors shall have been 

elected and, thereafter, members of the Supplementary Code Authority shall be elected at each annual meeting. The members of the 
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Supplementary Code Authority shall be elected in the f,ollowing 

manner: 

(a) Four members, one of whom shall be a manufacturer of iron 

work, one of bronze work, one of wire work and one of metal specialties, who shall be members of the Industry, to be nominated and 

elected by a majority vote of all members of the Industry present 

in person or by proxy or by letter ballot, each member to have one 

vote. 

(b) Four members, one of whom shall be a manufacturer of iron 

work, one of bronze work, one of wire work and one of metal specialties, who shall be members of the Industry to be nominated and 

elected by a majority vote of all members of the Industry present 

in person, or by proxy, or by letter ballot weighted on the following 

basis: 

(1) One vote for each member of the Industry and one additional 

vote thereto for each $25,000.00 of annual net sales covering the 

products of the Industry in the previous alendar year reported to 

the Supplementary Code Authority; provided, however, that no 

one member may ca t 1nore than fifteen ( 15) per cent of the total 

number of vote cast. 

( c) One member, who i a member of the Industry and a nonmember of any Association or Trade Group, to be nominated and 

elected by a majority vote of all members of the Industry present 

in person, or by proxy, or by letter ballot who are non-members of 

any Association or Trade Group each non-member to have one vote. 

( d) Sixteen members who shall be members of the Industry to be 

elected as :follows : 

(1) The United States, including Puerto Rico, Ala ka and Hawaii 

shall be divided into twelve Districts, such divi ions to conform 

with the twelve Federal Reserve Di tricts as now constituted, and 

the sixteen members shall be selected from such Districts, each 

District to ha e one member except Districts 2, 3, 4 and 7 which 

shall have two members each and no more. The members from the 

respective Districts hall be chosen in the :following manner : 

(2) Within sixty day after the effective date of this Supplementary Code, the temporary Supplementary Code Authority 8hall 

charge a particular member or group of 1nembers of the Industry 

located and operating in the particular Federal Reserve District 

with the duty of calling a meeting of the members of the Industry 

located and operating in such District, uch meeting to be held in 

accordance with the provisions of Section 1 hereof as to notice, and 

at such District meeting the members of the Industry shall nominate and elect a member of the Industry who shall be their repre--

sentative on the Supplementary Code Authority, provided that the 

number of members to be nominated and elected in Districts 2, 3, 4 

and 7 shall be two. 

(3) In addition, the members of the Industry at each District 

meeting shall elect a Regional Code Authority consisting of four 

members, one of whom shall be a manufacturer of bronze work, one 

of wire work, one of iron work and one of metal specialties, provided there are such manufacturers located and operating in the 

particular District. The member of each Supplementary Code Authority elected at the District meeting shall be an ex-officio member 

and Chairman of the Regional Code Authority except in Districts 
7 

2, 3, 4 and 7; the member securing the largest number of votes in 

each of these Districts shall be declared the ex-officio member and 

Chairman of the Regional Code Authority. At such District meetings all member of the Industry, present in person or by proxy or 

letter ballot, shall be entitled to vote, which vote shall be weighted 

as follows: 

( 4) One vote for each member of the Industry and one vote additional thereto for each $25,000 of annual net sales for the previous 

calendar year reported to the temporary Supplementary Code Authority or to the particular member or group of members of the 

Industry charged with the conduct of the District Industry meetings: provided, however, that no one member may cast more than 

fifteen per cent of the total number of votes cast. Thereafter, the 

members of the Supplementary Code Authority and the Regional 

Code Authorities as required. by this Subsection ( d) shall be elected 

at annual meetings of the members of the Industry in the particular 

Districts in accordance with the provisions of this subsection. 

(5) In the event the Non-Association of Trade Group members 

fail to elect the member of the Supplementary Code Authority as 

required in Subsection ( c) of this Section, the Supplementary Code 

Authority, as at the time constituted, shall submit to the National 

Industrial Recovery Board the names of five such members of the 

Industry and the National Industrial Recovery Board shall appoint 

the Non-Association member of the Supplementary Code Authority 

from such submitted list. 

( 6) In the event any or all of the members of the Industry located in any or all of the Geographical Districts mentioned in 

Subsection ( d) of this Section fail to elect their representative on 

the Supplementary Code Authority and their Regional Code Authority, the Supplementary Code Authority, as at that time constituted, shall submit a list of five names of members of the Industry 

located and operating in the particular District to the National 

Industrial Recovery Board and the National Industrial Recovery 

Board shall select from such submitted list the allotted number of 

members of the Industry to represent the particular District on 

the Supplementary Code Authority. In addition, the Supplementary Code Authority, as at that time constituted, shall appoint the 

Regional Code Authority of four members of the Industry located 

and operating in the particular District, which Regional Code Authority shall be constituted the same as though specifically elected 

by the members of the Industry in the particular District. · 

(7) A vacancy occurring in the Supplementary Code Authority 

shall be filled by a majority vote of the remaining members of the 

Supplementary Code Authority; provided, however, that the vacancy 

to be filled shall be subject to the classifications of membership both 

Geographical and Industrial as set forth in Subsections (a), (b), 

( c) and ( d) of this Section. 

( 8) A vacancy occurring in any Regional Code Authority shall 

be filled by a majority vote of the remaining members of the Regional Code Authority; provided, however, that the vacancy to be 

filled shall be subject to the classifications of membership as set 

forth in paragraph ( 3) of subsection ( d) of this Section. 

98500°-1325--74-34-2 
8 

(9) In addition to the members provided for above, the National 

Industrial . Recovery Board may appoint a member of the Supplementary Code Authority to be known as the Administration Member, who shall serve without Yote and without expense to the Industry. The Administration Member together with the National Industrial Recovery Board shall receive notice of and may attend all 

meetings of the Supplementary Code Authority and/or the Regional 

Code Authority. 

SECTION 2. Any trade association directly or indirectly participating in the selection or activities of the Supplementary Code Authority 

shall (1) impose no inequitable restrictions on membership, and (2) 

submit to the National Indu trial Recovery Board true copies of its 

Articles of Association, By-Laws, Reo-ulations, and any amendments 

when made thereto, together with such other information as to membership, organization, and activities a the National Industrial Recovery Board may deem necessary to effectuate the purposes of the 

Act. 

SECTION 3. In order that the Supplementary Code Authority shall, 

at all times, be truly repre entative of the Industry and in other 

respects comply with the provisions of the Act, the National Industrial Recovery Board may prescribe such Hearings as it may deem 

proper; and, thereafter, if it shall find that the Supplementary Code 

Authority is not truly representative or doe not in other respects 

comply with the provisions of the Act, may require removal of any 

or all of the members thereof and may make an appropriate modification of modifications of the Supplementary Code Authority. 

SECTION 4. (a) 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: 

( 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 tru t for the purposes of the Supplementary Code; 

(2) To submit to the National Industrial Recovery Board for its 

approval subject to such notice and opportunity to be heard as it 

may dee1n necessary (1) an itemjzed 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 

members of the Industry ; 

(a) After such budget and basis of contribution have been approved by the National Industrial Recovery Board, to determine and 

obtain 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. 

(b) Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Supplementary 

Code Authority, determined as hereinabove provided, and subject to 

rules and regulations pertaining thereto issued by the National Industrial Recovery Board. 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 
9 

contributions, shall be entitled to participate in the selection of members of the Supplementary 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. 

( c) The $upplementary Code Authority shall neither incur nor 

pay any obligation substantially i:μ excess of the amount thereof as 

estimated in its approved budget; and shall in no event exceed the 

total amount contained in the approved budget, except upon approval of the National Industrial Recovery Board; and no subsequent budget shall contain any deficiency item for expenditures in 

excess of prior budget estimates except those which the National 

Industrial Recovery Board shall have so approved. 

SECTION 5. Nothing contained in this Supplementary Code shall 

constitute the members of the Supplementary Code Authority partners for any purpose. Nor shall any members 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 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 Supplementary Code, except for his own willful 

malfeasance or non-f easance. 

SECTION 6. The Supplementary Code Authority shall also from 

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

Basic Code, such information as may be required to be furnished 

under the terms of said Basic Code. 

SEarroN 7. The Supplementary Code Authority shall have the 

following further powers and duties: 

(a) Subject to such rules and regulations as the National Industrial Recovery Board may prescribe it shall have such power as is 

necessary to adn1inister and insure the execution of the provisions 

of this Supplementary Code and provide for the compliance of the 

Industry with the provisions of the Act. 

(b) To adopt such by-laws, rules, and regulations as are necessary for its procedure and for the administration of this Supplementary Code. 

( c) To obtain from members of the Industry such information 

and reports as are required for the administration of the Supplementary Code. In addition to information required to be submitted to the Supplementary Code Authority, members of the 

Industry subject to this Supplementary Code shall furnish such 

statistical information as the National Industrial Recovery Board 

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

Act to such Federal and State agencies as he may 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 member of the Industry or any other party 

except to such other Governmental agencies as may be directed by 

the National Industrial Recovery Board. 

( d) To appoint within one month after the effective da.te of this 

Supplementary Code a Committee so constituted as to give Consumer 

and Governmental representation satisfactory to the National Industrial Recovery Board; to make a study with a view to the establish-
10 

ment o:f classifications and standards o:f size, quality and/or perform- ance o:f staple products of the Industry wherever such standards are 

deemed :feasible. 

The findings and recommendations of this Committee shall be 

submitted to the ational Inclu trial Recovery Board within six (6) 

months after the effective date of thi Supplementary Code and 

after such hearinas and investigation as it may designate and upon 

approval by it shall oo made a part of thi Supplementary Code and 

be binding upon each member. 

( e) To make recommendations to the National Industrial Recov- ery Board for the coordination of the Admini tration of this Supplementary Code with such other code , if any, a may be related to or 

affect the members of the Industry. 

(f) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under uch other codes as 

may be related to the Indu try for the purpo e of formulating fair 

trade practice to govern the r lation hip bet" en production and 

distribution employers under this Supplementary Code and under 

such others to the end that such fair trade practic s may be propo eel 

to the ational Industrial Reco-very Board a amendment to this 

Supplementary Code and such other cod . (g) To delegate to the variou Reaional Supplementary Code 

~uthorities such of it power and luti a it may pre cribe or 

designate, provided, howeYer, that uch lel aation hall not relieve 

the Supplementary Code Authority of it dutie or respon ibilities, 

and that it shall apply to the exerci e of th powers and duties of 

the Supplementary Code uthority only in the particular District. 

(h) To authorize and empower Reaional ode Authoritie , or 

other such Agencies a it may cl ignate, to in tall a method of checking quantity computation before the opening of competitive bids 

and competitive bid after the opening of such bid and when such 

authorization is granted to require such Regional Code Authority or 

Agency to designate a deposit ry or to u e such other method a may 

be approved by the Supplementary Code Authority. 

(i) To use uch trade as ociation and/ or other aaencies as it 

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

for herein provided that nothing herein shall relieve the Supple- mentary Code Authority of it lutie or re pon ibilities under this 

Supplementary Code, and that uch trade a ociations and aaencies 

shall at all time be subject to and comply with the provi ions hereof. SECTION 8. If the National Industrial Recovery Board believes 

that any action of the Supplementary Code Authority or any agency 

thereof is unfair or unjust or contrary to the public interest, the National Industrial Recovery Board may r quire that uch action be 

suspended 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 taken if approved by the National Indu trial Recovery Board within thirty 

days of notice to it of intention to proceed with such action. 

SECTION 9. Every employer hall provide for the safety and health 

of employees during the hours and at the places of their employment. Standards for safety and health shall be ubmitted by the 

Supplementary Code Authority to the ational Indu trial Recovery 
11 

Board within three m,onthes after the effective date of the Supplementary Code. 

ARTICLE V-CosT FINDING AND AccoUNTING 

SECTION 1. Oost Finding.-The Supplementary Code Authority 

shall cause to be formulated methods of cost finding and accounting 

capable of use by all members of the Industry, and shall submit 

such methods to the National Industrial Recovery Board for review. If approved by the National Industrial Recovery Board, 

full information concerning such methods shall be made available 

to all members of the Industry. Thereafter, each member of the 

Industry shall utilize such methods to the extent found practicable. 

Nothing herein contained shall be construed to permit the Supplementary Code Authority, any agent thereof, or any member of the 

Industry to suggest uniform additions, percentages or differentials 

or other uniform items of cost which are designed to bring about 

arbitrary uniformity of costs or prices. 

ARTICLE VI-COST AND PRICE CUTTING 

SECTION 1. The standards of :fair competition for the Industry 

with reference to pricing practices are declared to be as follows : 

(a) Wilfully destructive price cutting is an tmfair method of 

competition and is forbidden. Any member of the Industry or of 

any other industry or the customers of either may at any time complain to the Supplementary Code Authority that any filed pr;ice 

constitutes unfair competition as destructive price cutting, imperiling small enterprise or tending toward monopoly or the imparment of code wages and working conditions. The Supplementary 

Code Authority shall within five ( 5) days afford an opportunity to 

the member filing the price to answer such complaint and shall 

within fourteen (14) days make a ruling or adjustment thereon. If 

such ruling is not concurred in by either party to the complaint, all 

papers shall be ref erred to the Research and Planning Di vision of 

the National Recovery Administration which shall render a report 

and recommendation thereon to the National Industrial Recovery 

Board. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended 

that sound cost estimating methods should be used and that consideration should be given to costs in the determination of pricing 

policies. 

( c) When an emergency exists as to any given product, sales 

below the stated minimum price of such product, in violation of 

Section 2 hereof, is forbidden. 

SECTION 2. Emergency Prov-isions.-(a)If the National Industrial 

Recovery Board, after investigation, shall at any time find both ( 1) 

that an emergency has arisen within the Industry adversely affecting small enterprises or wages or labor conditions, or tending toward 

monopoly or other acute conditions which tend to defeat the purposes of the Act; and (2) that the determination of the stated minimum price for a specified product within the Industry for a limited 

period is necessary to mitigate the conditions constituting such 
12 

emergency and to effectuate the purposes o:f the Act, the Supplementary Code Authority may cause an impartial agency to investigate costs and to recommend to the National Industrial Recovery 

Board a determination o:f the stated minimum price o:f the product 

affected by the emergency and thereupon the National Industrial 

~covery Board may proceed to determine such stated minimum 

price. 

(b) When the National Industrial Recovery Board shall have 

determined such stated minimum price :for a specified product :for 

a stated period, which price shall be reasonably calculated to mitigate 

the conditions o:f such emergency and to effectuate the purposes o:f 

the National Industrial Recovery Act, it shall publish such price. 

Thereafter, during such stated period, no member o:f the Industry 

shall sell such specified products at a net realized price below said 

stated minimum price and any such sale shall be deemed destructive 

price cutting. From time to time, the Supplementary Code Authority may recomend review or reconsideration or the National Industrial Recovery Board may cause any determinations hereunder 

to be reviewed ,or reconsidered and appropriate action taken. 

ARTICLE VII-OPEN PmcE 

SECTION 1. Each member o:f the Industry shall file with a confidential and disinterested agent o:f the Supplementary Code Authority or, i:f none, then with such an agent designated by the National Industrial Recovery Board, identified lists o:f all of his prices, 

discounts, rebates, allowances, and all other terms or conditions of 

sale, hereinafter in this Article re:ferred to as "price terms", which 

lists shall completely and accurately con:form to and represent the 

individual pricing practices of said member. Such lists shall contain the price terms :for all such standard products o:f the Industry 

as are sold or offered :for sale by said member and :for such nonstandard products o:f said member as shall be designated by the 

Supplementary Code Authority. Said price terms shall in the 

first instance be filed within :forty-five ( 45) days after the effective 

date o:f this Supplementary Code. Price t erms and revised price 

terms shall become effective immediately upon receipt thereof by 

said agent. Immediately upon receipt thereo:f, said agent shall by 

telegraph or other equally prompt means, notify said member of 

the time of such receipt. Such lists and revisions, together with 

the effective time thereof, shall upon receipt be immediately and 

simultaneously distributed to all members of the Industry and to 

all of their cu tomers who have applied therefor and have offered to 

defray the cost actually incurred by the Supplementary Code Authority in the preparation and distribution thereof and be available 

:for inspection by any of their customers at the office of such agent. 

Said lists or revisions or any part thereof shall not be made available 

to any person until relea ed to all members of the Industry and 

their customers, as aforesaid; provided, that prices filed in the first 

instance hall not be released until the expiration of the aforesaid 

:forty-five ( 45) day period after the effective date of this Supplementary Code. The Supplementary Code Authority hall maintain 

a permanent file of n.11 price terms filed as herein provided, and 
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shall not destroy any part of such records except upon written consent of the National Industrial Recovery Board. Upon request, the 

Supplementary Code Authority shall furnish to the National Industrial Recovery Board or any duly designated agent of the National 

Industrial Recovery Board copies of any such lists or revisions of 

price terms. 

SECTION 2. When any member of the Industry has filed any revision, such member shall not file a higher price within forty-eight 

(48) hours. 

SECTION 3. No member of the Industry shall sell or offer to sell 

any products/services of the Industry, for which price terms have 

been filed pursuant to the provisions of this Article, except in accordance with such price terms. 

SECTION 4. No member of the Industry shall enter into any agreement, understanding, combination or conspiracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the Industry to change his price terms by the use of intimidation, coercion, 

or any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

ARTICLE VIII-UNFAIR TRADE PRACTICES 

In addition to the unfair trade practices covered by Sections B, 

C, D, E, F, and G of Article V of the Basic Code which are made 

a part hereof, the same as though herein repeated and set forth at 

length, the following described acts shall constitute unfair practices, 

provided, however, that if any of the unfair trade practices of the 

Basic Code conflict with any of the unfair trade practices of this 

Supplementary Code the latter shall supersede and prevail. 

SECTION 1. Use of Other Than New Material.-No member of the 

Industry shall sell or offer to sell any products of the Industry made 

fron1 any but new material unless the member of the Industry indicates to the purchaser or prospective purchaser the facts regarding 

the materials used in the products. _ SECTION 2. Inducing Breach of Emstvng Oontraots.-No member 

of the Industry shall wilfully induce or attempt to induce the breach 

of existing contracts between his competitors and their customers by 

any false or deceptive means, or interfere with or obstruct the performance of any such contractual duties or services by any such means 

with the purpose and effect of hampering, injuring or embarrassing 

competitors in their business. 

SECTION 3. Giving of Prizes, Premiwms or Gifts.-No member of 

the industry shall offer or give prizes, premiums or gifts in connection with the sale of products or as an inducement thereto by any 

scheme which involves lottery, misrepresentation or fraud. 

SECTION 4. Threats of Law Swits.-N o member of the Industry 

shall publish or circulate unjustified or unwarranted threats of legal 

proce·edings which tend to or have the effect of harrassing competitors 

or intimidating their customers. 

SECTION 5. Espionage of Oompetitors.-No member of the Industry shall secure confidential information concerning the business of 

a competitor by a false or misleading statement or representation, by 

a false impersonation of one in authority, by bribery., or by any other 

unfair method. 
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SECTION 6. Responsibility of B-idder.-N o member of the Industry 

shall submit a bid which fails to include a provision to the effect that 

such bid shall not be binding on the bidder unless a contract covering 

the subject matter of the bid is signed within thirty (30) days after 

the bid is submitted ( or opened in the case of sealed bids) subject, 

however, to provisions of any existing State or Federal law relating 

to the submission or opening of bids. 

SECTION 7. Substitutions and M etlwds of M anuf acture.-N o member of the Industry shall use inferior methods of manufacture and 

installation or use or substitute materials and/ or products inferior 

in quality to those specified by the purchaser without the consent of 

the purchaser thereto. Provided, further, that every member of the 

Industry shall comply with all Federal, State and Local Building 

Laws1 Rules and Regulations regarding methods of manufacture or 

installation and/or quality requirements. 

SECTION 8. Bids.-N o member of the Industry shall submit a competitive bid except in writing and signed by himself or his authorized representative. All competitive bids on which a closing date has 

been set shall be enclosed in a sealed envelope, on the outside of which 

shall appear its identification as a bid for a particular job. Bids shall 

be tendered only in response to an invitation from a general contractor, subcontractor, architect, owner, builder or other agent. It 

shall be obligatory for each bidder to state in his bid what portion 

of the work covered by his bid will be furnished only, and, also, what 

portions will be installed only, and what portions will be furnished 

and installed, and/ or all other conditions of sale. 

SECTION 9. Wilful Omissions.-No member of the Industry shall 

wilfully omit in bids it:Bms of material and/ or work called for by the 

plans and specifications or schedules, unless he shall mention in his 

bid whether certain work is or is not to be furnished and/ or erected 

for the price submitted~ 

SECTION 10. Rem,s-ed Bids.-N o member of the Industry shall submit a revised bid on any work covering the products of this Industry 

after the closing time set for receiving bids. 

SECTION 11. Ohanges.-No member of the Industry shall reduce a 

bid without changes in the specifications and/ or plans justifying the 

same. 

SECTION 12. 0 ollusion.-N o member of the Industry shall, prior 

to the opening of bids, induce or att:Bmpt to induce an architect, 

owner, contractor, builder, or other agent to reveal any information 

relative to bids already received. 

SECTION 13. Oons'jYiring.-No member of the Industry shall aid 

or abet any person in a violation of any of the provisions of this 

Supplementary Code. 

SECTION 14. Bidding Practices.-N o member of the Industry shall, 

in any manner, engage in or be a party to the unfair practice known 

throughout the Industry as "bid Peddling" or "bid shopping." 

(a) Bid peddling in effect means the offering by the bidder prior 

to the making of an a ward of a substitute bid or price lower than 

the one originally bid without a commensurate decrease in the requirements of the job. The correction of the abuses resulting from 

such practice is obtainable by regulation restricting or controlling 

bidders. · 
15 

(b) Bid shopping in effect means the effort on the part of the 

awarding authority to induce a bidder prior to the making of the 

award to lower his original bid price without a commensurate decrease in the requirements of the job. 

SECTION 15. Prohibited Agreements.-N o member of the Industry 

shall enter into any agreement or understanding prior to the award 

of a contract where such award is made as a result of competitive 

bidding, by which agreement or understanding he agrees to accept a 

lesser amount for his product and/or services than the amount stated 

in his bid. 

SECTION 16. Estimate Records.-No member of the Industry shall 

submit an estimate or bid without keeping an accurate record of the 

estimated items and quantities, as well as costs of material and labor 

pertaining to each item, nor shall he submit a bill for his services 

without retaining a similar record. 

(a) Each member of the Industry shall submit to the Supplementary Code Authority or such Confidential Agent as it may designate such records when called upon so to do for the purpose of 

investigating a specific complaint. 

SECTION 17-. Bidding on OompetitO'l's' Design.-No member of the 

Industry shall knowingly bid on designs, plans and/or specifications 

submitted to a prospective customer by a competitor without the 

consent of the individual and/or company originating said designs, 

plans and/or specifications, unless the prospective customer has paid 

the cost of such designs, plans and/or specifications to the individual 

and/or company originating same. 

SECTION 18. " Lumping " of Labor.-N o member of the Industry 

shall contract with his employees on a lumping basis for the manufacture, processing and/or installing of the products of the Industry, unless such contract provides for the payment of at least the 

minimum wage and compliance with the labor provisions of Article 

III of this Supplementary Code." 

SECTION 19. Terms of Payment.-N o member of the Industry 

shall accept, or offer to accept any contract or order providing 

terms of payment more favorable than the following: 

On all products produced specially for a given building project 

ninety per cent (90 % ) o:f the value o:f any material, labor and/or 

service furnished, delivered and/or installed during the preceding 

calendar month shall be due and payable on the fi:fteentt.i (15th) 

day of each month following such furnishing, delivering and/or 

installing and that the balance shall be due and payable within, and 

not later than thirty (30) days after completion of the contract 

or order, provided, however, that the retained percentage shall at 

no time exceed double the value of the material, labor or service 

remaining to be furnished. 

Interest shall be charged on over due accounts at the maximum 

legal rate. 

ARTICLE IX-MODIFICATIONS 

SECTION 1. This Supplementary Code and all the provis10ns 

thereof are expressly made subject to the right of the President, in 

accordance with provisions of subsection (b) of Section 10 of the 

Act, from time to time to cancel or modify any order, approval, 

license, rule, or regulation issued under Title I o:f said Act. 
16 

SECTION 2. Such of the provisions of this Supplementary Code 

as are not required to be included herein by the Act may, with the 

approval of the National Industrial Recovery Board, be modified 

or eliminated in such manner as may be indicated by the needs of 

the public, by changes in circumstances, or by experience. All the 

provisions of this Supplementary Code, unless so modified or 

eliminated, shall remain in effoct until June 16, 1935. 

ARTICLE X-l\1oNOPOLrES, ETc. 

No provision of this Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practices, or to eliminate, 

oppress, or discriminate against small enterprise. 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases except such as may be required to meet individual costs 

should be delayed, and when made, such increases should, so far as 

possible, be limited to actual additional increases in the seller's costs. 

AnTICLE XII-EFFECTIVE DATE 

This Supplementary Code shall become effective on the 10th day 

after its approval by the President. 

Approved Code No. 84.-Supplement Jo. 55. 

Registry No. 1127-01. 

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UNIVERSITY OF FLORIDA 

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