Approved Code No. 483 Registry No. 1306-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC HOIST AND 

MONORAIL MANUFACTURING 

INDUSTRY 

AS APPROVED ON JULY 13, 1934 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Documents, Washiniton, 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 

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Approved Code No. 483 

CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC HOIST AND MON·ORAIL MANUFACTURING INDUSTRY 

As Approved on July 13, 1934 

ORDER 

APPROVING CoDE OF FAIR COMPETITION Fon THE ELECTRIC HorsT AND 

MONORAIL MANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in :full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Electric Hoist and Monorail ~1anufacturing Industry and hearin~s having been duly held thereon and the 

annexed report on said vode, containing findings with respect 

thereto, having been made and directed to the President: 

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwi~; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved; provided, however, that the continued participation of the Monorail Manufacturers Association in the Code Authority after thirty (30) days from 

the effective date of this Code shall be contingent upon its amending 

its Constitution and By-Laws to the satisfaction of the Administrator. 

Approval rec01nmended : 

HUGH s. JOHNSON, 

Ad11iinistrator for I ndustrial Recovery. 

BARTON w. MURRAY, 

Division Administrator. 

WASHINGTON, D.C., 

July 13, 1934. 

73630°-829-63-34 (115) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on the Code of Fair Competition for the 

Ele.ctric Hoist and Monorail Manufacturing In lu try. Publi Hearing having been conducted thereon in Wa hington, D. ., April 2, 

1934, in accordance with the provisions of Title I of the, ational 

Industrial R covery Act. 

GENERAL STATEMENT 

The Electric Hoist and Monorail Manufacturing Industry is a 

capital goods industry engaged in the manufacture for sale of electric hoists designed for u e in connection with any service built into 

double rail trolleys, and appurtenances thereof; the manufacture 

for sale of industrial overhead materials handling equipment with 

the exception of such equipment designed for u e in the agricultural 

and dairy industrie and excepting "flat rail track" of the t pe u ed 

chiefly in the meat packing industry. Mat rials handling quipment 

in the indu try consists of overhead monorail track with its accompanying switches, carriers, tran f r bridges, crane and other accessories necessary for a complete installation; and/ or parts thereof. 

ECONOMIO EFFECT 

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provision will not increase employment and that the minimum rates 

proposed will not effect any increase in factory payrolls. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

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

the proceedings in this matter: 

I find that: 

(a) Said 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 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of 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 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 Industry normally employes not more than 50,000 employees; and is not classified by me as a major industry. 

( c) The 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 Associations are industrial associations representative of the aforesaid 

Industry; and that said Associations impose no inequitable restrictions on admission to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( e) The 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 Code. 

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

Respectfully, 

JULY 13, 1934. 

HUGH s. JOHNSON, 

Administrator. 
CODE OF F .AIR COMPETITION FOR THE ELECTRIC 

HOIST .AND MONORAIL MANUFACTURING INDUSTRY 

ARTICLE I - PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery .Act, the following provisions are established as a Code of 

Fair Competition for the Electric Hoist and Monorail ~1anufacturing Industry, and shall be the standards of f air competition for this 

Industry, and shall be binding upon each member thereof. 

ARTICLE II-DEFINITIONS 

The term "Electric Hoist and Monorail Manufacturing Industry" 

or " the Industry" as used herein, is defined to mean the manufacture 

and sale of Electric Hoists with plain, geared or motor driven trolleys; lug or hook suspension Electric Hoists; Cage Controlled ~1onorail Electric Hoists, and Electric Hoist units for any service such 

as built into double rail trolleys, and/or appurtenances thereo?, provided the same unit is used as with single I-bea1n or other monorail 

trolleys; and the manufacture and sale of overhead materials handling equipment as used in industry, with the exception of the .Agricultural and Dairy Industries, and with the further exception of that 

type of overhead track commonly known as "flat-rail track", and 

mainly used in the meat packing industry. Materials handling 

equipment in the Industry consists of overhead Monorail Track with 

its accompanying switches, carriers, transfer bridges, cranes and 

other accessories necessary :for the complete in tallation of an overhead materials handling system ; and/or part pecially designed 

therefor. The term shall also mean such r elated branches or ubdivisions as may, from time to time, be included under the provisions 

of this code. 

" P er on " n1eans a natural person, a partner hip a corporation an 

a ciation a trust, a trustee, a trustee in bankruptcy and/ or a 

r cei ver, or other form of enterpri e. 

' ~1ember of the Indu try " as u e l herein include but without 

lin1itation, any individual partner hip, a o iation cor poration r 

other form of enterprise engaged in th Indu r3 ither a ~ an 

mpl yer-or on hi or it own behalf. 

'Employ r means an per on a ti 1~ eno-ao-e l in th In lu trv 

cith r n hi own behalf r a an mpl er of labor. 

' rnpl e mean an I er on eno-ao- d in th Indu tr h w Y r 

01111 n at cl ex ept an mplo er. 

ppr nti e mean mpl 'e with ut 1?r Yi u ~ I n n 

und r an mpl . r h i r ~nl· rl nt:?ao- l 1n 1 arning: a tra 1 

un l r a ur. f rainino- l ian l to actvan him y t mati alb 

in th , ariou p rati n f n h tra l t m a: m1 ntf 

ki 11 cl m hani 

(11 
119 

"The Act" means Title I of the National Industrial Recovery Act. 

"The President" means the President of the United States. 

"Publish" means to make available to all interested parties. 

"Administrator " means the Administrator for Industrial Recovery. 

"Applicant" is Electric Hoist J\ianufacturers Association and 

J\fonorail Manufacturers Association. 

ARTICLE III-HOURS 

SECTION 1. M aanmum H ours.-N o employee shall be permitted to 

work in excess of forty (40) hours in any one week or eight (8) 

hours in any twenty-four (24) hour period or six (6) days in any 

seven (7·) day period, except as otherwise expressly provided in this 

Article III. 

SECTION 2. Exceptions as to Ho1,r,rs.-(a) The provisions of this 

Article III shall not apply to executives, those employed in a supervisory or administrative capacity or their immediate assistants, and 

salaried technical men a.nd field service engineers, being paid at the 

rate of Thirty-Five Dollars ($35.00) or more per week, and traveling 

salesmen. 

(b) Watch1nen.-vVatchmen shall be permitted to work not in 

excess of fifty-six (56) hours in any one week. 

( c) Power Plant Engineers and Firem,en.-Power plant engineers 

and firemen shall be permitted to work not in excess of forty-five 

(45) hours or six (6) days in any seven (7) day period. 

SECTION 3. Overtime Provisions.-(a) Ernergency Overtirne.-The 

maximum hours fixed in Section 1 hereof shall not apply to any 

employee on emergency maintenance or emergancy repair work involving br"'ak-downs or protection of life or property, or to any 

specially skilled employee in emergencies occasioned by the necessity for the services of such em.ployee which cannot be cared for 

by the employment of additional men. "\Vhen specially skilled employees are employed overtime as permitted in this article, the 

employer shall file with the Code Authority a statement of the 

number of hours of overtime worked and a statement of the facts 

which will substantiate the lack of other skilled employees capable 

of performing this particular type of work. In any such case at 

least one and one-half times the regular rate shall be paid to eJIIl~ 

ployees for time worked in excess of the maximum provided in 

Section 1 hereof. 

(b) Ordinary Overtime.-The maximum hours fixed in Section 1 

hereof shall not apply for six (6) weeks in any twenty-six (26) 

weeks' period, during which overtime shall not exceed eight (8) 

hours in any one week. In any such case at least one and onehalf (11⁄2) times the regular rate shall be paid to each employee 

for time worked in excess of eight (8) hours in any twenty-four 

(24) hour period or in excess of forty (40) hours in any seven (7) 

day period. 

( c) Sunday and L egal Holiday W ork.-At least one and onehalf (11⁄2) times the regular rate shall be paid for all work performed on Sundays or legal holidays, except by watchmen, power 

plant engineers, and firemen. 
120 

( d) Reporting Overtime.-All overtime allowances shall be reported to the Code Authority and made available to the Adminis- trator in such detail as may be required. 

SECTION 4. E1nploy11wnt by Several Employers.-N o employer 

~all knowingly pet'nlit any employee to work for any time which, 

when totaled with that already performed for another employer or 

e1nployers, exceeds the 1maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. (a) Except as hereinafter provided, no employee engaged in plant operations shall be paid in any pay period less than 

at the following hourly rates, viz : 

Where employed in cities of more than 50,000 population and immediate vicinity, forty cents ( 40¢) per hour. 

Where employed in cities of more than 10,000 but not more than 

50,000 population and immediate vicinity, which cities are not in 

the immediate vicinity of a city of more than 50,000 population, 

thirty-eight cents (38¢) per hour. "\Vhere employed in cities of 10,000 population or less and im- n1ediate vicinity, which cities are not in the immediate vicinity of a 

city of more than 10,000 population, thirty-six cents (36¢) per 

hour. 

Population figures shall be taken as reported by the Government 

census of 1930. 

(b) Female employees engaged at any plant in substantially the 

same work as male employees at such plant shall receive the same 

rate of pay as such male employees, and where they di place such 

male employees they shall receive the same rate of pay as the male 

employees they replace. 

SECTION 2. (a) The minimum wage that shall be paid in any pay 

period by any employer to any employee other than those eno-aged 

in plant operations and traveling salesmen hall be not 1 s than 

at the rate of $15.00 per week, except as herein provided. 

(b) Office boy and girls may be paid not l than at th rate 

of eighty (80) per cent of such minimum wao- but the total number 

of uch office boy and girls employed by any on m 1 r at u h 

reduced rat shall not exceed five ( 5) per cent of the total numbe.r 

of office employees of such employer cm·er d b the pr vi i n f 

thi ection 2 provided howe er that ea h empl r ma haYe 

at lea t n uch office boy or girl. 

ECTIO 3. Apprentice hall be paid a tartino- rate f n l 

thirty (30) per c nt of the rate paid t a mp t ntl 1 kill 

hani in th trad in which th appr nti i b ino- · 

pr ailing in the hop wh re the a~r r nti i mpl ) 

h w v r, that the tarting rat a1tl to an a pr n i 

l than tw nt -f ur c n (2 ) p r hour. 

\ , g : 1 aid to appr nti h, II b ad van d a int 1 

ur 1 an ount s that the rat f r th 1 t p ri 1 f ap 

.:hall n b l . han io-hty ( ) p r n f th rut pai 1 t 

1111 l ntl kill d m han1 in th parti ulur tra 1 in th 

wh r th a1 pr nti is mpl 1. 

n tim . hall a n w a1 Ir nti a lmitt l t 

b any mpl r , h n n h a i n will briner h 
121 

such apprentices so employed to a ratio of more than one apprentice to five competently skilled mechanics employed by such employer 

in the particular trade in question. 

All apprentice indentures or written contracts shall be filed with 

the Code Authority and shall be made available to the Admini trator. 

SECTION 4. This Article IV establishes minimum rates of pay 

which are applicable regardles of whether an employee is com- pensated on a time rate, piece work, or other ba is. SECTION 5. A person whose earning capacity i limited because of 

age, physical or mental handicap, or other infirmity, may be employed on light work at a wage below the minimum established by 

a Code, if the employer obtains from the tate authority, designated 

by the United States Department of Labor, a certificate authorizing 

such person's employment at such wages and for such hours as shall 

be stated in the certificate. Each employer shall file monthly with 

the Code Authority a list of all such persons employed by him, 

showing the wages paid to, and the maximum hours of work for 

such employees. 

SECTION 6. ,vith a view that there shall be equitable adjustment 

of rates above the minimum, not later than thirty (30) days after 

the effective date, each employer in the Industry shall report to the 

Administrator through the Code Authority, the action taken by 

such employer since June 16, 1933, in adjusting the wage rates of 

all hourly employees covered by Section 1 and of the employees 

covered by Section 2 hereof receiving more than the minimum rate as 

therein provided but less than at the rate of Thirty-five ($35.00) 

Dollars per week. 

In no event shall hourly rates of pay be reduced, irrespective of 

whether compensation is actually paid on an hourly, weekly or 

other basis nor shall any wages be at less than the minimum rates 

herein provided. 

ARTICLE V-GENERAL LABOR PROVISIONS 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection; 2, no 

employee and no one seeking employment shall be required as a 

condition of employment to join any company union or to refrain 

from joining, organizing, or a sisting a labor organization of his 

own choosing; 3, employers shall comply with the maximum hours 

of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

( b) No person under sixteen ( 16) years of age shall be em ployed 

in the Indu try. o person under eighteen (18) years of age shall 

be employed at other than office work. In any State any employer 

shall be deemed to have complied with the provision as to age if he 

shall have on file a certificate or permit, duly signed by the Authority 

in such State empowered to issue employment or age certificates or 

permits showing that the employee is of the required age. 

73630°-829-63-34-2 
122 

( c) No provision in this Code shall supersede any State or Federal law which imposes more stringent requirements on employers 

as to age of employees, wages, hours of work, or as to safety, health, 

sanitary or general working conditions, or insurance, or fire protection than are imposed by this code. 

( d) All employers shall post and keep posted copies of this Code 

in conspicuous places accessible to all employees. Every member of 

the Industry shall comply with all rules and regulations relative to 

the posting of provisions of Codes of Fair Competition which may 

from time to time be prescribed by the Administrator. 

( e) No employer shall reclassify employees or duties of employees, 

or engage in any other ubterfuge for the purpose of defeating the 

purposes or provisions of the Act or of this Code. 

(f) 1. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. 

2. Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within six months after the effective 

date of the Code. 

(g) No employee hall be dismissed by reason of making a complaint or giving evidence with respect to a violation of this Code. 

ARTICLE VI-ADMINISTRATION l 

1 ·c 1 nragra.pb _ of ord r approving this ode. 
123 

the Administrator, by the members of the Industry, if any, who 

are not members of either of the e A sociations. 

SECTION 2. In addition to member hip as above provided, there 

may be from one to three members, without vote, to be known as administration member , to be appointed by the Administrator to 

serve for such term as he may specify. SECTIO 3. Each trade or industrial association directly or indirectly pa.rticipating in the selection of activities of the Code Authority shall ( 1) impose no inequitable restrictions on membership, 

and (2) submit to the Admini trator true copies of its articles of 

as ociation, by-laws, regulations, and any amendments when made 

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

to effectuate the purposes of the Act. 

SECTION 4. In order that the Code Authority shall at all times be 

truly representative of the Industry 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 repre entative or does not 

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

an appropriate modification of the Code Authority. 

SECTION 5. Nothing contained in this Code hall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner to 

anyone for any act _of any other member, officer, agent or employee 

of the Code Authority. Nor hall any member of the Code Authority, exerci ing reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful malfeasance or non-fea ance. 

SECTION 6. If the A lministrator shall at any time determine that 

any action of a Code Authority or any agency thereof may be unfair 

or unjust or contrary to the public interest, the Administrator may 

require that uch action be uspended to afford an opportunity for 

investigation of the merits of such action and further con ideration 

by such Code Authority or agency pending final action, which shall 

not be effective unless the Administrator approves or unless he shall 

fail to disapprove after thirty (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 

SECTION 7. Powers and Duties.-Subject to such rules and regulations as may be i sued by the Administrator, the Code Authority 

shall have the following powers and duties, in addition to those 

authorized by other provisions of this Code. 

(a) To in ure the execution of the provisions of this Code and to 

provide for the compliance of the Industry with the provisions of 

the Act. 

(b) To adopt by-laws and rules and regulations for its procedure. 

( c) To obtain from members of the Indu try such information 

and reports as are required for the administration of the Code. In 

addition to information required to be ubmitted to the Code Authority, members of the Industry subject to this Code shall furnish 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such 

Federal and State agencies as he may designate; provided that 
124 

nothing in this Code shall relieve any member of the Industry of any 

existing obligations to furnish reports to any Government agency. 

No individual report shall be di clo ed to any other member o:f the 

Indu try or any other party except to such other Governmental 

agencies as may be directed by the Administrator. 

( d) To use such trade a sociations and other aaencies as it deems 

proper for the carryina out of any of its activitie provided for 

herein, provided that nothing herein shall relieve the ode Authority 

of its duties or responsibilities under this Code and that su h tra le 

association and agencies hall at all times be subject to and comply 

with the provisions hereof. 

( e) To make recommendations to the Admini tr a tor for the coordination of the administration of thi Code with such other codes, 

if any, as may be relate l to or affect me;mbers of the Industry. 

( f) 1. It being found necessary in order to support the administration of this code and to maintain the standard of fair competition established hereunder and to effectuate the poli y o:f the Act, 

the Code Authority is authorized: 

(a) To incur ,such reasonable obligations as are neces ary 

and proper for the foregoing purposes, and to meet such obligations out of fund which may be rai ed as hereinafter provid d 

and which shall be held in trust for the purposes of the Code· 

(b) To submit to the Administrator for his approval ubject 

to such notice and opportunity to be heard as he may d m 

neces ary (1) an itemized budget of its estimat d expenses for 

the foregoing purposes, and (2) an equitable ba i upon whi h 

the funds nece sary to support such budget hall b ntributed 

by members of the industry; 

( c) After such budget and ba is of contributi n have b en 

approved by the Admini trator, to determine and obtain equitable contribution as above set forth by all memb r::s of the 

indu try, and to that end, if neces ary, to institute legal proceedings there for in its own name. 

2. Each member of the indu try shall pay his or it equitable 

contribution to the exp n es of the maint nan e of the od uthority, determined as hereinabove provided and ubj t t rul and 

regulations pertaining thereto i ued by the Admini trator. Onl 

m mbers of the indu try complying with the code and ntributin<Y 

to the exp n o:f its admini tration a h reinabov pr vi l 1 hall 

be ntitl d to participate in the sel ction of m mb r f th d 

Authority or to rec iv th b nefit of any of it oluntar a 

or t make u e of any e1nbl m or in ignia of the ati nal R 

Aclmini trati n. 

3. The od uthorit hall n ither in ur nor pa_ an ligati n 

in x e f th amount th r of a timat d in it arr r Y 1 udrret 

pt u1 on appr val of th dmini rat r · an n u qu n 

bud o- t hall ntain an l fi i n it m f r e p n liture · in ~ 

of pri r bu lg t timat x · It tho which th lmini trat r 

shall hav . appro-v l. 

( <Y) T r mm n l t th lmini trat r an 

d m 1 advi ·abl in ·lu line- furth r fair tra 1 

t ern m mb r f th In lu tr 

or , i h th r in u trie ; m a ur 
125 

bilization of employment; and including modifications of this Code 

which shall become effective as part hereof upon approval by the 

Administrator after such notice and hearing as he may specify. 

(h) 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 practices to govern the relationships between employers under this Code and under such other codes to the end that such 

fair trade practices may be proposed to the Administrator as amendments to this code and such other codes. 

(i) To appoint a committee to formulate a procedure for handling 

problems which may arise between employers and employees, which 

shall be submitted to the Administrator. 

SECTION 8. If formal complaint is made to Code Authority that 

provisions of this Code have been violated by any employer, Code 

Authority may cause such investigation or audit to be made by an 

impartial agent or agency agreed upon by the Code Authority and 

the member of the industry in question or, failing such agreement, 

by the Administrator, to the extent permitted by the Act, as may 

be deemed necessary. No detailed information so obtained, shall be 

disclosed to any employer. 

ARTICLE VII-CosT FINDING AND AccouNTING 

The 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 Administrator for review. If approved by the Administrator, 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 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 VIII-CosTs 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 unfair 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 Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling enterprises or 

tending toward monopoly or the impairment of code wages and 

working conditions. The Code Authority shall within five days 

afford an opportunity to the member filing the price to answer such 

complaint and shall within fourteen days make a ruling or adjust- ment thereon. If such ruling is not concurred in by either party 

to the complaint, all papers shall be referred to the Research 

and Planning Division of the National Recovery Administration 

which shall render a report and recommendation thereon to the 

Administrator. 
126 

(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 o:f pricing 

policies. 

( c) vVhen an emergency exists as to any given product, sale below 

the stated minimum price o:f such product, in violation o:f Section 2 

hereof, is :forbidden. 

SECTION 2. Emergency Provisions.-(a) If the Administrator, 

after investigation shall at any time find both ( 1) that an emergency 

has arisen within the Industry adversely affecting enterprises or 

wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to de:feat 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 mergency and to effectuate 

the purposes o:f the Act, the Code Authority may cause an impartial 

agency to investigate costs and to recommend to the Administrator 

a determination of the stated minimum price of the product affected 

by the emergency and thereupon the Administrator may proceed 

to determine such stated minimum price. 

(b) When the Administrator shall have determined uch stated 

minimum price :for a specified product :for a stated period, which 

price shall be reasonably calculated to mitigate the conditions of such 

emergency and to effectuate the purposes o:f the National Inclu. trial 

Recovery Act, he shall publish such price. Thereafter, during such 

st'ated period, no member of 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 Code Authority may recommend r eview or r econsideration or the Administrator may cause any determinations hereunder to be reviewed or reconsidered and appropriate action taken. 

ARTICLE IX-OPEN PRICE 

o:f Electric 
127 

effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the industry and to all of 

their customers who have applied therefor and have offered to 

defray the cost actually incurred by the 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 released to all members of the Industry and their customers, as aforesaid; provided, that prices filed in the first instance 

shall not be released until the expiration of the aforesaid twenty 

(20) day period after the approval of this code. The Code Authority shall maintain a permanent file of all price rorms filed as 

herein provided, and shall not destroy any part of such records except upon written consent of the Administrator. Upon request the 

Code Authority shall furnish to the Administrator or any duly 

designated agent of the Administrator copies of any such lists or 

revisions of price rorms. 

SECTION 2. When any member of the Industry has filed any revision, such member shall not file a higher price within fortyeight ( 48) hours. 

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

any products of the industry, for which price rorms 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 rorms, nor cause or attempt to cause any member of the industry to change his price terms by the use o:f intimidation, coercion, or any other influence inconsistent with the maintenance of 

ihe free and open market which it is the purpose of this Article to 

create. 

ARTICLE X-U NF AIR TRADE P'RA.CTIOES 

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

to the best interests of the Industry and of the public, and each is1 therefore, declared to be and to constitute an unfair method ot 

competition: 

SECTION (A). No member of the Industry shall secretly offer or 

make any payment or allowance of a rebate, refund, commission 

credit, unearned discount or excess allowance, whether in the form 

of money or otherwise, nor shall a member of the Industry secretly 

offer or extend to any customer any special service or privilege not 

extended to all customers of the same class, for the purpose of influencing a sale. 

SECTION (B). No member of the Industry shall give, permit to be 

given, or offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representati-'\ e of another in relation to the business of the employer of 

such employee, the principal of such agent or the represented party, 

without the knowledge of such employer, principal or party. This 

provision 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. 
128 

SECTION ( c). No member of the Industry shall brand or mark or 

pack any goods in any manner which is intended to or does deceive 

or mislead purchasers with respect to the brand, grade, quality, 

quantity, origin, size, substance, character, nature, finish, material 

content or preparation of such goods. SECTION (o). No member of the Industry shall publish or circulate 

unjustified or unwarranted threats of legal proceedings which tend 

to or have the effect of harassing competitors or intimidating their 

customers. 

SECTION (E). No member of the Industry shall wilfully induce or 

attempt to induce the breach of exi ting contracts between competitors and their cu tomers 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 e:ff ect of 

hampering, injuring or embarras ing competitors in their business. 

SECTION (F). No member of the Industry hall defame a competitor by falsely imputing to him dishonorable conduct, inability to 

perform. contracts, questionable credit standing, or by other fal e 

representation, or by falsely di paraging the grade or quality of his 

goods. 

SECTION (a). No employer shall accept trade-ins of u ed equipment, material, property or supplies, to apply on the purcha e of new 

equipment. 

SECTION (H). No employer shall sell products of the Industry by 

a contract calling for extended terms of payment not covered by the 

employer ' filed price lists, unless the contract calls for intere t at 

the rate of six (6% ) per cent per annum to begin thirty ( 0) clays 

after shipment, unless a lower rate is specified by the state law governing the contract. 

SECTION (1). Thl following trade practice applies solely to manufacturers of 11ionorail equipment: 

No employer shall submit a proposal includin erection whi h 

does not include a quotation covering a bill of mat rial n equip- ment, and a eparate quotation covering erection and an ur rstructure, if same is to be furni heel. In qu tin on er cti n and 

super tructure prime con ideration hall be oiven to the co t f su h 

items plu freight and/ or cartage charge plus the co t of handlincr. 

Propo als submitted by any employer hall not be revi el xc pt 

wh n a change in the bill of materials or pecification i to be mad 

in which a e the revised propo al n1u t equal nl th chancr in 

bill of mat rials or pe ifi ation and e:s: pt t me" the 1111 tition of lower bid , provided how r, that after 1 w rin()' a qu tation to me t ompetition an employer hall fil with the J 

uthority a mpl te tat ment of the tran a ti n, tincr f rth the 

competiti n hi h xi ted and hi orio-inal and final bid an l x I 

up n the o- n ral r op nin()' f bid . Pror al in ludincr th . rvic of a uperint n lent of r cti n hall n i t f a qu ta i n vrino- a bill f mat rial n quipment an a parat u tati n 

ov ring th co t of furni hincr a ur rin nd nt f r ti n 

I r di m ba i . j b hall b qu t d h rt f th n 

m nt n cl l t mpl t th in tallati n ut a thr I r 

ion f qu 1 I ri to all , f r n in ring di r I an 

mi · ible. 
129 

ARTICLE XI-EXPORT TIUDE 

o provision of this Code relating to prices or terms of selling, 

shipping or marketino-, shall apply to export trade or sales or shipments for export trade. "Export Trade shall be as defined in the 

Export Trade Act a lopted April 10 1918. 

ARTICLE XII-I\IooIFICATIO~ 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

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 of said Act. 

SECTION 2. Such of thB provisions of this Code a are not required 

to be included herein by the Act may, with the approval of the 

Administrator, 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 provi ion of this Code, unle s so modified 

or eliminated, shall remain in effect until June 16, 1935. 

ARTICLE XIII-MoNoPoLIEs, Ero. 

o provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises . 

.ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective on the eleventh day after its 

approval. 

ApproYed Code No. 483. 

Registry No. 1306---03. 

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