Approved Code'··~o . .347-Supplernent No. 5 Registry N_o. 1399-47 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WIRE MACHINERY INDUSTRY 

(A Division of the Machinery and Allied Products Industry} 

AS APPROVED ON MAY 9, 1934 

WE DO OUR PAltr 

UNIV. Of' FL LIi. • 

EP = 

I • 

' . . 

, 

, 

, 

, 

~ 

.__ _________ .; 

U.S. DEPOS'!Tr :-•· ·· 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193•1 

\ 

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 Oilice. Wa~hingt n, D. ., and by di trict office' of the Bureau of 

Foreign and Dome t.:c cmmerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga .: 504 Po t ffice Building. 

Dirmingham, Ala. : 257 Federal Building. 

Boston, l\I nss. : 1 01 Cu tomhouse. Buffalo, N.Y.: hamber of Commerce Buildino-. 

Charle::;ton, S. '.: ClJamber of Commerce Building. 

Chic::::go, Ill.: ' uite 1706, 201 rorth Wells Street. 

Clev land Obio: ham! r of Commerce. Dalla ·, T x. : hamber of ommerce Buildin:2;. 

Detro;t, l\1ich.: 801 First National Bank Building. 

H ouston. 'l'e:x.: hamber of Commerce Buil Hng. 

Indinnnpolis, Ind.: Chamber of ommerce Building. 

J ackson \'ille. Fla. : Cham her of Commer ce Building. 

Kansas City, lo.: 1028 Baltimore AYenue. 

Los Angele , Calif. : 1163 South Broadway. 

LouisYille, Ky.: 40 F deral Building. 

l\1emplli.·, Tenn.: 229 Federal Building. 

l\1inneapolL. l\Iinn.: 213 F ederal Building. 

New Orl an., La.: Room 225-A, Custombou e. 

e~ York. N.Y.: 734 'ustomhou e. Norfolk, Va.: 40G East Plume Stre t. 

Philacl lpbia, Pa.: 4:22 ommercial Tru t Building. 

Pitt. burgh, Pa. : bamber of Commerce Building. 

Portland, Or e<l'.: 215 New Po t Offi · Buildino-. 

t. Loui., Mo. : 506 Oli,e treet. 

San Franci co, alif. : 310 u tombou e. Seattle, Wash.: 09 F deral Office Buildino-. 
Approved Code No. 347-Supplement No. 5 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

WIRE MACHINERY INDUSTRY 

As Approved on May 9, 1934 

ORDER 

SUPPLE:MEKTARY CODE OF FAIR COMPETITION FOR THE WIRE 

MACIIlNERY INDUSTRY, A DIVISION OF THE MACHINERY AND ALLIED 

PRODUCTS INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provision,s of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a 

Supplemental Code of Fair Competition for the vVire Machinery 

Subdivision of Machinery and Allied Products Industry, and hearings having been duly held thereon and the annexed report on said 

Supplemental Code, 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, Admin5strator 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 otherwise; do hereby incorporate by reference said annexed report and do find that said Supplemental 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 Supplemental Code of Fair Competition be and it is hereby 

approved. 

HUGH S. JOHNSON, 

Administrator for Ind!ustrid Recovery. 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

WASI-IINGTON, D.C., 

lJf ay 9, 1934. 

57802°-544-50-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDK T, 

The 1V hite House. 

Sm: This i a report on th 0 Supplemental Cod of Fair Competition for the ,vir l\Iachinery ubdivi ·ion of the Ma hinery and 

Allied Prodncts Indu try public hearing having been con lucted 

thereon in Washinoton, D.C., December 21, 1933, in accordance ·with 

the provi ions of Title I of the ational Inclu trial R Y ry \._c . 

E, ery person who fil d a reql:est for an n.ppcaran e \Yas fr' ly h ard 

in public an 1 all tatutory and reo-ulatory requirement were complied with. 

GE TEH \L TA TEJ\IE T 

Th ,Vire Machin ry Builder A.· ociation being truly representative of thi ubclivi. ion of the Machinery an l Alli l Products 

Indu try has el ted to avail itself of the option of ubmittin a 

Supplemental Code of Fu.ir Compet ition, as provided in paragraph 

(2) , Article I of th Ba ic Code for the Machinery and Allied 

P roducts Indu try approv d by you on the eventeenth day of March, 

1934. 

Thi · Subdivi ion repre ents a part of the capital o-o cl indu try-1 

manufa -turing and lling machinery for drawino- wire and rod 

and the fabricati n of wir and rod products. 

ECO.NO::.\II EFFE T 

(.2) 

ub livision 

c de 

in rp rate 

liiI r ntial 
3 

In addition to the minimum wage rates shown above, the Basic 

Code provi.des that women engaged in substantially the same w--0rk 

as men shall receive the same rate of pay as such men employees; that 

the minimum wage for women employees engaged in plant operations shall be not less than 87.5 per cent of the proper rate for the 

locality in which employed as specified; and that the minimum in the 

South shall be not less than 32 cents per hour. 

A distribution showing the number of factory workers receiving 

classified hourly rates is not available, consequently the n-nmber of 

factory workers receiving less than the specified minimum rates provided in the Basic Code cannot be estimated, nor the effect which the 

minimum rates will have on the payrolls of this subdivision of the 

industry. 

R.ESffi\'IE OF THE SUPPLEl.IENTAL CODE 

Article I states the purpose of the Supplemental Code. 

Article II accurately defines specific terms employed in this Sup• 

plemental Code. 

Article III. The Labor provisions 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 portions of Article VI! "Administration "; and Articles VIII, " Modifications and Termination ", and 

IX," "'\Vithdrawal" of the Basic Code for the Machinery and Allied 

Products Industry, as approved March 17, 1934. 

Article V establishes a Code Authority consisting of six ( 6) members, five ( 5) of whom shall be re:presented by the Executive Committee of the vVire ~1achinery Builders Association, and one to be 

elected by the non-members, if any, of the ·vvire Machinery Builders 

Association. The Administrator may in his discretion appoint one 

additional member, (without vote and without expense to the Subdivision). Together with the applicable provisions of the Basic 

Code, mechanism is provided for the administration of this Supplemental Code. 

Article VI provides for an accounting system and methods of cost 

finding and/ or estimating. 

Article VII sets forth the unfair trade practices which have been 

especially designed to offset unfair competition in this Subdivision. 

Article VIII contains the mandatory proYisions contained in 

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

proposed amendments to the Supplemental Code. 

Article IX provides for the withdrawal of this Subdivision from 

jurisdiction of the Basic Code and for the continued functioning 

of thjs Subdi, ision as an individual industry under its ow.n code. 

Article X stipulates that there shall be no inequitable restrictions 

and provides against monopolies. 

Article XI gives the effective date of this Supplemental Code. 

FINDINGS 

The Deputy Administrator in his final report to me on. ~,!!.id Supplemental Code having found as herein set forth and 1-d the basis 

of all the proceedings in this matter: 
4 

· 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 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 indu try 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 

supervi ion, by eliminating unfair competitive practices, by promoting the fullest po ·!ble utilization of the present productive capacity of indu tries, by avoiding undue r 0 striction of production 

( except a may be temporarily required), by increasino- the consmnption of indu trial and agricultural products through increasing purcha ing power, by reducing and relieving unemployment, 

by improving standarcl of labor, and by otherwi e rehabilitat~ng 

-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 Sub ection (b ) of Section 10 thereof; and that the 

applicant a ociation 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 monopolistic practices. 

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

against them. 

(f) Those engaged in other steps of the economic proc s have 

not been deprived of the right to be heard prior to approval of said 

Supplemental Code. 

For these reasons, therefore, I have approved thi upplem ntal 

Code. 

Respectfully, 

MAY 9, 1934. 

HUGH s. JOHN ON 

Admini trator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE vVIRE .MACHINERY INDUSTRY, A DIVISION OF 

THE MACHINERY AND ALLIED :PRODUCTS INDUSTRYj 

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 for the Wire Machinery Subdivision of the Machinery 

and Allied Products Industry, and together with the Code of Fair 

Competition of the Machinery and Allied Products Industry shall 

be the standard of fair competition for this Subdivision, and shall 

be binding on every employer therein. 

ARTICLE II-DEFINITIONS 

"Applicant" means the Wire Machinery Builders Association, a 

trade organization, which organization is truly representative of 

this Subdivision, all members of which are engaged in the manufacture for sale of the products of the vVire Machinery Subdivision 

of the Machinery and Allied Products Industry. 

"Industry" means the Machinery and Allied Products Industry, 

as defined in its National Industrial Recovery Code as approved by 

the President, and as such definition may from time to time be 

amended. 

"Subdivision" means this Wire Machinery Subdivision of the 

Machinery and Allied Products Industry as defined and set forth in 

paragraph 38 of Article II of the National Industrial Recovery Code 

of the Machinery and Allied Products Industry as follows: 

"Wire Machinery Subdivision" means the manufacture for sale of 

machinery for drawing wire and rod and the fabrication of wire and 

rod products. This includes wire and rod drawing machinery and 

accessories, shaping and flattening mills, machinery for stranding, 

cabling, etc.~ cutting-off, pointing, straightening, amoring, bending, 

forming, cold upsetting, cold heading, etc., and in general all machinery used in the working, processing or finishing of articles made 

from wire or rod in its raw state, and parts thereof, and includes all 

those engaged in such manufacture for sale. Employers not otherwise engaged in this Subdivision may manufacture for sale and sell 

machinery for cold upsetting and heading, and finishing machines 

for the product thereof, under the provisions of the Code of another 

industry and not under the provisions of this Supplemental Code. 

The foregoing definition shall not permit the manufacture for sale 

under this Supplemental Code of electrical products included within 

the scope of the Electrical Manufacturing Industry as defined in the 

Code of Fair Competition for said Industry, except where such 

electrical products are sold as a part of the products of this Subdi-

(5) 
6 

vision and are not sold as separate electrical products in competition 

with similar products included within the scope of the Electrical 

Manufacturing Industry as defined in the Code of Fair Competition 

for said Industry; provided, however that any employer her eunder 

may manufacture an l ell under thi Supplemental Code any spare 

and/or replacement parts of any such electrical product for use 

with products defined hereunder, which were originally nianufactured and sold by him. 

When carried on at the point of installation, the work of in talling, 

erecting, rebuildinb and/ or serYicing of the pro luct of the ubdivision, (includino- attachments, acce orie and/ or replacement and 

repair parts therefor, included within the definition of th Subdivision) shall be ubj ect to the provisions of this Supplemental Code, 

only when performed by t he employer hereunder selling uch products or by a company affiliated therewith. 

" Code " mean the National Industrial Recovery ode of the 

Machinery and Allied Products Industry, as approY d by the Pre id nt :.March 17, 1934, and a from time to time amended. 

" P r ~on '' m an a natural person, a partner hip, a corp ration, 

an as ociation, a tru t, a trustee, a trust e in bankruptcy, a rcceiYer, 

or other entity. 

"Employer'-' m~ans any person engaged in the Subdivi ion, either 

on his own behalf or as an Employer of labor. 

'' Employee means any one who is em1:.i loyed in this Subdivi ion 

by an uch employer. 

'The Act m ans Title I of the National Indu trial Re overy 

Act. 

"Th Pre id nt ' means the Pre ·ident of the Unit 1 tate . 

. " The Admini trator " m ans the Admini trator for Indu trial 

R ecovery. 

"Basi Code Authoritv" mean the Code Authority for the 

Machinery ancl 1 lliecl Pro.clucts Indu~try as on titute l b; th o<l . 

' Code Authority ' m ans the o le Authority onstitut l f r thi 

Subdivi ion a provi le 1 by the ode an l b thi u1 pl m ntal le. 

' Group Code Authorit3 ' mean th d Authorit f r any 

group or product cla · ificati n within thi ubdiYi i n. 

ARTI LE III-EMPLOYME. T PROYI I 

The f llowing rti 1 of the C l , viz : Arti le III 

Hour "; Arti 1 IV " "\Va s '; and Article 

Provi ions ' are h r by mad a J art f thi 

ith the amc effe,-t a 0if th were writ en int 

od. 

F ODE 
7 

ARTICLE V-ADMINISTRA TION 

(a) The Code Authority for the Subdivision shall consist o:f: 

(1) The Executive Committee of the Applicant, consi ting of five 

members. 

(2) One additional member may be elected in any fair manner 

with the approval of the Administrator, by employers in this Subdivision not members of the Applicant, if o cles~red by such 

nonmembers. 

(3) The Administrator may, in his descretion, appoint one a lditional member, ( without vote and without exv-'nse to the 

Subdivision). 

(b) Any employer in this Subdivision shall be eligible for membership in the Applicant. 

( c) In order that the Code Authority shall at all time · be truly 

representative of the Subdivision and in other re pect comply with 

the provisions of the Act, the Administrator may provide 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 provi ions of the Act, may require an appropriate modification in the method of selection of a Code 

Authority, or any Group Code Authority. 

( d) Any employer in this Subdivision shall be entitled to vote subject to the provisions of section (a) hereof at the election of and 

share in the benefits of the activities o:f the Code Authority and mriy 

participate in any endeavors of the Code Authority in the preparation of any revisions of, or additions or supplements to this Supplemental Code by paying his proper pro-rata share of the reasonable cost of creating and administering it, as determined by the Code 

Authority. 

( e) Employers in this Subdivision having a common interest and 

common problem , 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. 

(f) If formal complaint is made to Code Authority, that provisions of this Supplemental Code have been violated by any employer, the Code Authority or the Group Code Authority, may to the ext€nt 

permitted by the Act cause such investigat=on or audit to be made, 

as may be deemed necessary. If such investigation is m[!_de by Group 

Code Authority, it shall report the results of such investigation or 

audit to Code Authority for action. 

ARTICLE VI-AccouNTING AND CosTING 

The Code Authority shall cause to be formulated an accounting 

system and methods of cost finding and/or estimating capable of use 

by all employers in 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. 
8 

ARTICLE VII-TRADE PRACTICES 

E ach of the following acts and practices is deemed to be inimical 

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

is, ther efor e, hereby declared to 'be, and to constitute, an unfair 

method of competition, viz:-

(1) The secret payment or allowance of a rebate, refund, commission, cr edit, 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 cust omers of the same cla s for the purpose of influencing the sale. 

(2) The payment, or promise ·to pay, to any agent, fiduciary or 

repre entative, of money or valuable thing, with or without the 

lrnowledge of his principal, in connection with any sale to his principal. Commer cial brib ry 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 u ed for 

comn1ercial bribery as hereinabove defined. 

( 3) Any discrimination between purchasers of the same class by 

the sale of any c:: tandardized article by any means whatsoever. 

( 4) Untruthfully advertising, representing., or marking any product, with intent to deceive or mislead prospective purchaser . 

(5) The publishing or circularizing of threats of suits for infringement of patent or trade-mark , or of any other legal proceedin o-s, not in good faith, which would tend to harass competitors 

or intimidate their customers. 

ARTICLE VIII-MonIFrcA TIO NS 

(a) As I rovided by Section 10 (b) of the Act, the P resident 

may from time to time cancel or modify any order, approval Ii en e, 

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

(b) Any amendments, additions, r evisions, or suppl men ts of 

this Supplemental Code, proposed by Code Authority, and approved 

by a 66% % of the emplo_yers shall be in full force and eff ct upon 

appro, al by the Administrator. The ligibility requir m n 

method, a11d effect of such v ting shall be the ame a I r vid d b 

Article V of the Code of this ubdivi ion and rticle '\ I of the 

Ba i Code. 

AnTICLE IX-""\Y I TIIDI-U w AL 
9 

come and be the Code governing this Subdivision, and the Code 

Authority shall for this Subdivision, become and be the only Code 

Authority, and shall perform all the functions with respect thereto. 

ARTICLE X-MONOPOLIES 

Applicant imposes and shall impo e no inequitable re trictions on 

membership therein. The Supplemental Code presented by it is 

not designed to promote monopoly, and hall not be so con trued or 

applied as to oppress or eliminate small enterpri es or discriminate 

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

ARTICLE XI-EFFECTIVE DA TE 

This Supplemental Code hall become effective and binding on all 

persons engaged in the Subdivision on the eleventh day after its 

approval. 

Approved Code No. 347-Supplement No. 5. 

Registry No. 1399-47. 

0 




UN IVER SIT Y OF FLOR IDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII II llll 1111111111111111111 

3 1262 08853 8227