Approved Code No. 347-Supplement No. 35 Registry No. 1323-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

OIL FIELD PUMPING ENGINE 

MANUFACTURING INDUSTRY 

(A Division of the Machinery and Allied Products Industry) 

AS APPROVED ON JULY 25, 1934 

WE DO OUR PART 

U.S. DEPO 

UNITED STATES 

GOVERNMENT PRINTI "G OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Docume nts, Washington, D.C. - - - - - - - - Price 5 cents 

• 
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 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 I 706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mieh.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

J acksonville, Fla.: Chamber of Commerce Building. 

I{ansas 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.: 406 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. 347-Supplement No. 35 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

OIL FIELD PUMPING ENGINE MANUFACTURING 

INDUSTRY 

As Approved on July 25, 1934 

ORDER 

APrnovrNG SUPrLEMENT.ARY C DE OF F Arn COMPETITION FOR THE OIL 

FIELD PUMPING ENGINE l\IANUF ACTURING L TDU TRY 

.A DIVISION OF THE l\IACHINERY AND ALLIED PRODUCTS INDUSTRY 

An application having been duly made vursuant to and in full 

compliance with the provisions of Title I of the .r ational Industrial 

Recovery Act, approved June 16, 1933, £or approval of a Supple- mental Code of Fair Competition £or the Oil Field Pumping Engine 

l\1anu£acturing Subdivision of l\1achinery and Allied Products Indu try, and hearing having been duly held thereon and the annexed 

report on said Supplemental Code containing findings with re pect 

thereto, having been made and directed to the President: 

NO,V, THEREFORE, on behalf of the Pr 0 sident of the United 

Stat.es, I Hugh S. Johnson, Administrator for Indu trial Recovery, 

puruant to authority vested in me by Executive Orders of the 

Pre ident, including Executive Order No. 6543-A dated December 

30, 1933, and otherwi e; do hereby incorporate by reference . aid 

annexed report and do find that said upplemental Code complies 

in all re pects with the pertinent provision and will promote the 

policy and purposes of ai<l Title of uid \.ct; and do hereby order 

that said Supplemental Code of Fair Competition be and it is 

hereby approved subject to the condition that the provi ion of 

rticle VIII, Section (a), in ofar as they pre cribe a waiting period 

between the filing with the Code Authority ( or such agency as may 

be lesignated in the Supplemental Code) and the effective date of 

price li ts, as originally filed and/or revi eel price li t or revi ed 

term and conditions of sale, be and they hereby are tayed pending 

my further order. 

H UGH s. J OIINSON 

Administrator for I ndustrial R ecovery. 

ApproYal recommended. 

BARTON "\V. M RRAY 

Division Administrator. 

\ .ASHI GTON D. c. 

J itly f5, 1934. 

76188°-829-140--34 (1) 
REPORT TO THE P RESIDENT 

The PRESIDENT, 

The lV hite House. 

Srn: This is a report on the Supplemental Code of Fair Competition for the Oil Field Pun1ping Engine Manufacturing Subdivision 

of the Machinery and Allied Products Industry, public hearing having been conducted thereon in Washington, D.C., December 21, 1933, 

in accordance with the provisions of Title I of the National Indus- trial Recovery Act. Every person who filed a request for an appearance was freely heard in public and all statutory and regulatory 

requirements were complied with. 

GENERAL STATEMENT 

The Oil Field Pumping Engine :Manufacturers Association being 

truly repre entative of this Subdivision of the Machinery and Allied 

Products Industry, has elected to avail itself of the option of submitting a Supplemental Code of Fair Competition, as provided in 

paragraph (2), Article I of the Basic Code for the ~fachinery and 

Allied Products Industry approYed by you on the seventeenth day 

of J'.\1arch, 1934. 

This Subdivision represents a part of the capital goods Industry, 

manufacturing and selling internal combustion engines of slowspeed, stationary, oil-well pumping type, using natural gas or oil 

for fuel, accessories thereto and parts thereof. 

ECOKOMIO EFFECT 

In 1929, this Subdivision of the Industry employed approximately 

1,657 persons; 1,496 are estimated to have been factory workers. 

Since 1929, annual sa.les decreased approximately 85% in 1932 and 

employment 67 % as of the first quarter of 1933. Since then, factory 

employment has increased to 1,046 or 113%, and man-hours 117%. 

In June 1933, about 65% of the factory workers were working 

more than 40 hours per week, and 28% were receiving les than 40 

cents per hour with a lowest minimum wage ranging between 25 and 

29.5 cents. The lowest minimum ,wage paid by any reporting concern as of October 15, 1933, ranged between 30 and 34.9 cents. 

The minimun1 wage provisions for this Subdivision are based on 

a flat minimum hourly rate of 32 cents per hour for the South and 

the following city population differentials for all other sections of 

the United States : 

Over 50,000 population _____________________________ 40¢ per h our 

10,000 to 50,000 population __________________________ 38¢ p r h our 

10,000 populati n and under ________________ ________ 3G<" i rr h n•1 r 

( 2) 
3 

In addition to the minimum wage r ates shown above, the Supple- m ntal ode provides that women engaged in substantially the same 

work as m n shall receive the ame rate of pay as such men employees, and that the minimum wage for women employees engaged in 

plant operations shall be not less than 87.5 p r cent of the proper rate 

for the locality in whi h employed as specified, and the minimum in 

the South shall be not less than 32 cents per hour. 

Estimat d, number of f act01-y workers receiving less than designated hOurly 

rates 

Proposed minimum hourly rates 

40 cents ( other U.S.) •••.••.•.•.•....••.•.............. _____ .. ______ ... _._. ___ . __ 38 cents ( other U.S.) ••• ___ .•. __ . _______ • __ __ ... ___ .. _____ . _____ ._._ ... _ ... ___ ._. 36 cents (other U .S.) .. ______________ __________________ _ ... ______ .... _____ . ____ .. 32 cents (South) ____ • ____ •. _ .. __ _____ __ .. ________ .. _. ___ ____ . __ . _____ . __ ._._. __ ._ 

Distribution of factory workers receiving less than the minimum regardless of location 

Approximate 

percent 

28. 1 

21. 4-

14. 8 

8.3 

Approximate 

number 

235 

180 

124 

70 

Based on the distribution as of June 15, 1933, and on the specified 

percentages of the number of factory workers receiving less than the 

designated rates shown in the above table, the adoption of the proposed minimum rates will probably cause an increase in factory payrolls. The estimated increase as of June 15, 1933, regardless of loca- tion of the workers, will probably, under the most favorable conditions, not exceed 4.0 percent assuming only upward adjustment in the 

brackets below the 40-cent minimum and no change 'in man-hour 

requirements. 

Article I states the purpose of the Supplemental Code. 

Artie.le II accurately defines specific terms employed in this Supplemental Code. 

Article III. The labor provi ions of the Basic Code for the Machinery and Allied Products Industry as approved March 17, 1934, are incorporated by reference as the labor provisions of this Supplemental Code. 

Article IV adopts the relevant portion o:f Article II" Definitions" 

and Article VI "Admini tration ", and Article VIII, " fodifications 

and Termination" of the Basic Code for the Machinery and Allied 

Products Indu try, as approved March 17, 1934. Article V establi hes a Code Authority con i ~ting of seven members, one of whom may be elected from and by the employers who 

are non-members of the pplicant Association. The dmini trator, 

in his discretion, may appoint one additional m mber ( without vote 

and with ut expen e to the ubdivi ion). 

Article I provides for an a countmg ystem and method of 

co t finding and/ or e timatinh. 

Arti le \ II provides for the determination of a lowe t rea onable 

co t when an emergenc, e:xi ts in the Sub ivi ion as a re ult of le- structiYe price-cutting. The .... \.. lmini trator may approve, di appro e, or modify the det rmination. 
4 

Article VIII provides :for methods of setting up, revising and filing 

price lists and discount sheets and terms o:£ sale and payment. 

Article IX sets :forth the :fair trade practices which have been 

especially designed to effect fair competition in this Subdivision. 

Article X defines export te;rritory and provides that filed price lists 

are not applicable to export shipments. 

Article XI contains the mandatory provisions contained in Section 

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

amendments to the Supplemental Code. 

Article XII provides for the withdrawal of this Subdivision from 

jurisdiction of the Basic Code Authority and for the continued functioning of this Subdivision as an individual industry under its own 

code. 

Article XIII stipulates that there shall be no inequitable restric- tions and provides against monopolies. 

Article XIV gives the effective date of this Supplemental Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Supplemental Code having found as herein set forth and on the 

basis of all the proceedings in this matter : 

I find that: 

(a) Said Supplemental 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 of interstate and foreign co1111nerce which tend to diminish the amount 

thereof and will provide for the general welfare by promoting the 

organization of industry for the purpose of cooperative action amon~ 

the trade g:i:oups, by inducing and maintaining the united action or 

labor and management under adequate governmental 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 reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. 

(b) Said Subdivision normally employs not more than 50,000 

employees, and is not classified by me as a major industry. 

(c) The Supplemental 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 industrial association truly representative of 

the aforesaid Subdivision of the industry; and that said association 

imposes no inequitable restrictions on admission to membership 

therein. 

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

permit monopolies or mongpolistic practices. 

(e) The Supplemental Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate 

against them. 
5 

(f) Those eno-ao-ed in other steps of the economic process have not 

been depriv l of the right to be hear<l prior to ar proval of said 

Supplemental ode. 

For the c rea on , therefore, I have approved this Supplemental 

Cod , provid 0 d that certain provisions r lating to price publication 

ares ayed as stated in the Order. Re pectfully, 

JULY 25, 1934. 

l-Ium-1 S. JOHN oN, 

Ad'f11,inist1·ator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE OIL FIELD PUMPING ENGINE MANUFACTURING 

INDUSTRY 

A DIVISION OF THE MACHINERY AND .ALLIED PRODUCTS INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supplemental Code of Fair Competition for the Oil Field Pumping Engine 

Manufacturing Subdivision of the Machinery and Allied Products 

Industry, and together with the Code of F air Competition of Machinery and Allied Products Industry, shall be. the standard of fair 

competition for this Subdivision, and shall be binding on every 

employer t..1-ierein. 

ARTICLE II-DEFINITIONS 

"Applicant" means the Oil Field Pumping Engine Manufacturers' 

Association, a trade organization, all members of which are engaged 

in the manufacture for sale of the products of the. Oil Field Pumping Engine 1'1anufacturing Subdivision of the Machinery and Allied 

Products Industry. 

"Industry" means the :Machinery and Allied Products Industry, 

as defined in its Code of Fuir Competition as approved by the President, and as such definition may from time to time be amended. 

"Subdivision" means the Oil Field Pumping Engine Manufacturing Subdivision of the Machinery and Allied Products Industry as 

defined and set forth in paragraph 20, Article II of the Code of Fair 

Competition of the ])1achinery and Allied Products Industry as 

follows: 

"Oil Field Pumping Engine lVIanufacturing Subdivision" means 

the manufacture for sale of internal combustion engines of the slowspeed, stationary, oil-well pumping type, using natural gas or oil for 

fuel, accessories thereto and parts thereof, and includes all those 

engaged in such manufacture for sa,.le." 

"Code" means the Code of Fair Competition for the Machinery 

and Allied Products Industry as approved by the President March 

17, 1934, and as from time to time amended. 

" Person " means a natural person, a partnership, a corporation, an 

association, a trust, a trustee, a trustee in bankruptcy, a receiver or 

other entity. 

"Einployer" means any person engaged.in this Subdivision either 

on his own behalf or as an employer of labor. 

"Employee" means anyone who is employed in the Subdivision by 

any such employer. 

(6) 
1 

"The Act" means Title I of the National I ndu trial Recovery A.ct. 

"The Presid nt" means the Presid nt of the United States. 

" The .A.dmini trator " means the Administrator for Industrial 

Recovery. 

" Ba ·ic Code Authority " means the Code Authority for the Machinery and Allied Products Industry as constituted by the Code. 

" ode Authority " means the Code Authority constituted for this 

Subdivision as provided by the Code and by thi Supplemental Code. 

"Group Code Authority" means the Code Authority for any 

group or product classification within thi Subdivision. "Publish" means to make available to the public. 

ARTICLE III-EMPLOYMENT PROVISIO 8 

The following Articles of the Code, viz: Article III, "Working 

Hours "; Article IV, " Wages "; and Article V, " General Labor Provisions" are hereby n1ade a part of this Supplemental Code, with 

the same effect as if they were written into this Supplemental Code. 

ARTICLE IV-AnoPTION OF OTHER PRovrsroNs OF CooE 

The following Articles of the Code, viz : Article II " Definitions " 

and Article VI, "Administration", to the extent that they shall be 

applicable to this Supplemental Code as such or as it may hereafter 

be administered as an autonomous Code; and Article VIII1 "Modifications and Termination" are hereby made a part of this Sup.plemental Code, with the same effect as if they were written into this 

Supplemental Code. 

ARTICLE V-AnMINISTRATION 

(a) A Code Authority for this Subdivision is hereby constituted 

to administer, supervise and facilitate the enforcement of the Code 

and of this Supplemental Code in the manner and to the extent provided in the code and in this Supplemental Code. 

(b) During a period not to exceed sixty ( 60) days following the 

effective date and pending the election of the permanent Code Authority, the executive committee of the Applicant shall constitute a 

temporary Code Authority. The Admini trator in his discretion 

may appoint one additional member ( without vote and without expense to the Subdivision). 

( c) The Applicant shall, by written notice sent by regi tered mail 

to all employers known to the Applicant call a meeting of employers 

to be held within sixty (60) days after the effective date of this 

Supplemental Code for the purpo e of adopting procedural rules and 

regulations for the election, organization and operation of the permanent Code Authority and electing a permanent Code Authority 

which shall consist of seven members, one of whom ma be elected 

from and by the employers who are non-members of the Applicant, 

if such representation shall be so desired by such emplo ers. The 

Admini trator, in his di cretion, may appoint one additional member (without vote and without expense to the Subdivision). The 

permanent Code Authority so elected and appointed shall succeed the 

temporary Code Authority. 
8 

Any vacancy on the Code Authority due to death or resignation 

or because a member thereof has ceased to be connected with the 

Subdivision shall be filled at a meeting of employers called by Code 

Authority on at least ten (10) days' notice by registered mail sent 

to all known employers in the Subdivision and by a vote similar 

to the _vote by which the retired member was originally elected. 

In order that the Code Authority shall at all times be truly representative of the Subdivision and in other respects comply with 

the provisions of the Act, the Administrator may prescribe such 

hearings as he may deem proper; and thereafter if he shall find 

that the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

an appropriate modification of the Code Authority. 

Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its articles of association, 

By-Laws, regulations and any amendments when made thereto, 

together with such other information as to membership, organization, and activities as the Administrator may deem necessary to 

effectuate the purposes of the Act. 

( d) Any employer shall be entitled to vote at the election of the 

permanent Code Authority and at other meetings of employers and 

share in the benefits of the activities of Code Authority and may 

participate in any endeavors of Code Authority in the preparation 

of any amendment or revisions of, or additions or supplements to, 

this Supplemental Code by paying or agreeing to pay, as and when 

assessed, his proper pro rata share of the reasonable cost of administerjng this Supplemental Code us determined by Code Authority. 

(e ) Action by employers in any Subdivision meeting for the election of Code Authority shall be by vote of the employers entitled to 

vote as provided in Section ( d) of this Article V, and who are present in person or by proxy, each such employer to have one vote only. 

Action by employers in any Subdivision m·eeting for the adoption of 

procedural rules, revisions or additions to the Supplemental Code, 

or the transaction of other business of the Subdivision under this 

Supplemental Code, shall be by vote of the employers in the Subdivision who are entitled to vote thereat as provided in Section (cl), 

Article V of the Supplemental Code and are present in person or by 

proxy duly executed. and filed with Code Authority; cast and computed in the manner provided in Section (cl) Article VI of the 

Code. All questions as to the number of votes which each employer 

shall be entitled to cast at any meeting of employers other than the 

meeting held to vote for the election of the permanent Code Authority shall be determin l by Code Authority in accor lance with Section (cl) Article VI of the Code. 

(f) Employers in this Subdivision haying a common interest and 

common problems may be grouped by Code Authority for administrative purposes. There shall be a group Code Authority approved 

or appointed by Code Authority for each such group. 

(g ) If formal complaint is ma le to Code Authority that provision of this Supplemental Code have been violate l by any mployer, 

Code Authority or the proper Group Code Authority may, to the 
9 

extent permitted by the Act, cause such investigation or audit to be 

made as may be de med necessary. If such investigation is made by 

Group Code Authority it hall report the result of such investiga- tion or audit to Code Authority for action. 

(h) The Code Authority may appoint a Trade Practice Committee which shall meet with the Trade Practice Committees appointed 

under such other codes a may be related to the Subdivision for the 

purpo of formulating fair trade practices to govern the r elation- ship between production and distribution employers under this 

Supplemental ode and under such others to the extent that such 

fair trade practic may be proposed to the Administrator as amendments to this Supplemental Code and such other Codes. 

ARTICLE VI-AccouNTING AND CosTI o 

The Code Authority shall cause to be formulated an accounting 

system and methods of co t finding and/or estimating capable of use 

by all employers of the Subdivision. After such system and methods have been formulated, full details concerning them shall be made 

available to all employers. Thereafter all employers shall determine and/or estimate costs in accordance with the principles of such 

methods. 

ARTICLE VII-SELLING BELow REASONABLE CosT 

When the Code Authority determines that an emergency exists in 

this Subdivision and that the cause thereof is destructive pricecutting such as to render ineffective or seriously endanger the maintenance of the provisions of this Supplemental Code, the Code 

Authority may cause to be determined the lowest reasonable cost of 

the products of this Subdivision, such determination to be subject 

to such notice and hearing as the Administrator may require. The 

Administrator may approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be 

an unfair trade practice for any employer of the Subdivision to sell 

or offer to sell any products of the Subdivi ion for which the lowest 

reasonable cost has been deterinined, at such prices or upon such 

terms or conditions of sale that the buyer will pay less therefor than 

the lowest reasonable cost of such products. 

When it appears that conditions have changed, the Code Authority, upon its own initiative or upon the request of any interested 

party, shall cause the determination to be reviewed. 

ARTICLE VIII-PRICE LISTS 

(a) If and when Code Authority determines that in any group 

of the Subdivision it has been the generally recognized practice to 

sell a specified product on the basis of net price li ts or price li ts 

with discount sheets, and terms of sale and payment, each employer 

engaged in the manufacture of such product, shall within ten (10) 

days after notice of such determination, file with Code Authority a 

net price list, or a price list with di count sheet, as the case may be, 

individually prepared by him, showing his current prices, or prices 
10 

and discounts, and terms of sale and payment for such specified 

product, and Code Authority shall immediately publish and send 

copies thereof to all known employers who are cooperating under 

this Supplemental Code as described in Article V ( d) and engaged 

in the manufacture of such specified products. 

Revised price lists and/or discount sheets and/or terms of sale and 

payment may be filed from time to time thereafter with the Code 

Authority by any such ern.ployer, to become operative upon the elate 

bpecified therein, but such revised price lists and/or discount sheets 

and/ or terms of sale and payment shall be filed with the Code Authority ten (10) days in advance of the operative elate. Copies 

thereof, with notice of the operative date specified, shall be immediately published and sent to all employers cooperating under this 

Supplemental Code as described in Article V (d), any of whom may 

file, if he so desires, revisions of his price lists and/or discount 

sheets and/or terms of sale and payment, which shall become effective 

upon the date when the revised price list and/ or discount sheet 

and/ or terms of sale and payment first filed shall go into effect.1 

(b) If and when Code Authority shall determine that in any group 

of the Subdivision not now selling its product on the basis of price 

ljsts, with or without discount sheets, with terms of sale and payment, 

the distribution or marketing conditions in the group are the same as, 

or similar to the distribution or marketing conditions in a group 

where the use of price lists, with or without discount sheets 

and terms of sale and payment is well recognized, and that a system 

of selling on net price lists or price lists and discount sheets with 

terms of sale and payn1ent for such specified product should be put 

into effect in such group, then each employer in such group shall, 

within twenty (20) days after notice of such determination, file with 

Code Authority net price lists or price lists and discount sheets, with 

tenns of sale and payment, showing his prices and discounts and 

terms of sale and payment, and the Code Authority shall immediately 

publish and send copies thereof to all known employers who are 

cooperating under this Supplemental Code, and such price lists 

and/ or discount sheets and/or terms of sale and payment may be 

thereafter revised in the manner here-inbefore provided. Provided 

that Code Authority shall make no determination to place any product of the Subdivision (not now on a price list basis) on a price list 

basis, as provided in this Section unless affirmative consent to such 

determination is given by a majority vote of employers who are at 

that time cooperating under this Supplemental Code as described in 

Article V (cl) , and are engaged in manufacturing such product. The 

eligibility requirements, method and effect of such voting shall be 

the same as is provided by Article V. 

( c) Code Authority for the purpose of determining the lowest 

reasonable cost, shall, to the extent permitted by the Act, have power 

on its own initiative or on the complaint of any employer, to investigate any price or the terms of sale and payment for any product; 

and, for the purpose of the investigation thereof, to require an employer to furnish such information concerning the cost of manufacturing and selling such product as Code Authority shall deem necessary or proper for such purpose, and as the A.ct may allow. Upon 

1 See paragraph 2 (3) of order approving this Code. 
11 

r equest

1 said information thus obtained shall be available to the 

Admirustrator. No employer shall sell directly or indirectly by any means whatso- ever, any product of the Subdivision cov red by provisions of this 

Article VIII at a price or at discounts or on terms of sale and paym nt, different from tho e provided in his own current net price 

list , or price lists and di. count sheets, and terms of sale and payment. 

ARTICLE IX-TRADE PRAOTI ES 

Each of the following acts and practices is deemed to be jnimical 

to the best interests of the Subdivision and of the public and each is, 

ther fore, hereby declared to be, and to constitute, an unfair method 

of competition and is hereby prohibited, viz: 

1. The secret payment or allowance of a rebate, refund, commission, credit, unearned discount or excess allowance, whether in the 

form of money or otherwise or the offering or extending to any 

customer any special service or privilege not extended to all customers of the ame class, for the purpose of influencing a sale. 

2. No employer of the Subdivision shall give, permit to be given, 

or directly offer to ·iv , anything of value for the purpose of influencing or rewarding the action of any employee, agent, or repr e- sentative 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 employer, principal or party. Commercial bribery provisions shall not be construed to prohibit free 

and general distribution of articles commonly used for advertising 

except so far as such articles are actually used for commercial 

bribery as hereinabove defined. 3. Any discrimination between purchasers of the same class by 

the sale of any standardized article, having a published price, at 

any price below the seller's published price, by means of direct or 

indirect price concessions, or by means of any privilege not eA"i,ended 

to such purchasers generally. 4. No emplo3 er of the Subdivision shall publish advertising 

( whether printed, radio, display or of any other nature), which is 

misleading or inaccurate in any 1naterial particular, nor shall any 

employer in any way misrepresent any goods (including but without 

limitation its use, trade-mark, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material, content or preparation) 

or credit terms, values, policies, services, or the nature or form of 

the business conducted. 5. The publishing or circularizing of threats of suit for infringe- ment of patents or trade-marks, or of any other legal proceeding , not in good faith, which would tend to harass competitors or intimidate their customers. 

6. The encraging in destructive price-cutting by any employer of 

this Subdivision. 

ARTICLE X-SALEs FOR ExPORT 

The provisions of this Supplemental Code concerning pricing and 

marketing shall not apply to direct export sales of any product, or 

to sales of any product destined ultimately for export. The term 
12 

"export" shall include all shipments to all places without the several 

states of the United States and the District of Columbia; provided, 

however, that no shipment to any territory or possession of the 

United States shall be considered an export when any employer is 

engaged in the Subdivision in such territory or possession. 

ARTICLE XI-MODIFICATIONS 

(a) As provided by Section 10 (b) of the Act, the President may 

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

rule or regulation issued under Title I of the Act. 

(b) Any amendments, addition , revisions, or supplements of this 

Supplemental Code, proposed by Code Authority, and authorized 

by the affirmative vote of two thirds of the em.players shall be in 

full force and effect upon approval by the President. The eligibility 

requirements, method and effect of such voting shall be the same 

as provided by Article V hereof. 

ARTICLE XII-·vv ITHDRA w AL 

Upon thirty (30) days' notice to the Basic Code Anthority and to 

the Administrator, this Subdivision may, upon the concurring affirmative vote of employers within the said Subdivision entitled to 

cast two-thirds or more of all the votes that might be cast by all 

employers within the Subdivision entitled to vote thereon, withdraw 

from the jurisdiction of the Basic Code Authority. The eligibility 

of voters and the method and effect of such voting shall be in accordance with the provisions of Article V hereof. After and in the 

event such withdrawal is accomplished, this Supplemental Code, 

together with the provisions of the Code, shall become and be the 

sole code governing this Subdivision and the Code Authority shall, for this Subdivision, become and be the sole Code Authority and shall 

perform all the functions with respect thereto. 

ARTICLE XIII-MONOPOLIES 

Applicant imposes and shall impose no inequitable restrictions on 

membership therein. The Supplemental Code presented by it is not 

designed to promote monopoly, and shall not be so construed or 

applied as to oppress or eliminate small enterprises or discriminate 

against them, and is designed to effectuate the policy of the Act. 

ARTICLE XIV-EFFECTIVE DATE 

This Supplemental Code shall become effective and binding on 

all persons engaged in the Subdivision on the eleventh day after its 

approval. 

Approved Code No. 3-17-Supplement ro. 35. 

Registry No. 1323-05. 

0 

.. UNIVERSITY OF FLORIDA 

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