o.929-1-01 

NATIO AL RECOVERY ADl\11 ISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITIO 

FOR TIIE 

SHOE SHANK 

MANUF ACTUR NG INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

u. 

and Metal Coating Industry) 

AS APPROVED ON JANUARY 31, 1935 

WE DO OUR PAR"i'.' 

, r 

NITED STATE 

GO ER. ·r. E T PRI Tl G OFFICE 

W ASHI GTO : 1935 

For ~ale by l c. u~ rinl nd nl of ocumen(s, Washinitl.on, D. • - - - - - • - - - Pri e II ce.nts 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

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pproved Code No. 84F-Amendment o. 2 

AMEN MENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

SHOE SHANK MANUFACTURING INDUSTRY 

As App1·oved on January 31, 1935 

ORDER 

AP OYI - :\IEKD~IEKT OF UPPLE::\CENTARY CODE OF FAIR O~fPETITIO ... - FOR THE SHOE SHANK ]HAN < CT"GP.L rn IKDuSTRY 

A DIYI IO OF THE FABRICATED l\IETAL PROD CTS 11IAXUFACT nISG AXD 

METAL FIKI HING A TD METAL co TL.TG L TDG 'TTIY 

ppr(n, 1 r 

ICrLn J H.i. "E ,JOH :T ~ , 

A ·ting Divisio, dm,ini frafol'. ,Y~ ... III ' ,T ~-, D. "' 

Ja num y I 1.9 

11 ~4G 0 -137~- G-33 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on an Amendment to the Supplementary 

Code of Fair Competition for the Shoe Shank Manufacturing Industry, a Division of the Fabricated Metal Products Manufacturing 

nnd Metal Fininshing and Metal Coating Industry, to incorporate 

the principles contained in Office Memorandum No. 228, dated June 

7, 1934, relating to pricing practices and costing and accounting provi ions. This Amendment was proposed in accordance with Article 

VII of the Supplementary Code as approved on F ebruary 21, 1934, 

and a Notice of Opportunity to be Heard was given on August 8, 

1934. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 

National Industrial Recovery Board on said Amendment to said 

Supplementary Code having found as herein set forth and on the 

basis of all the proceedings in this matter_: 

It is found that: 

(a) The Amendment to said Supplementary Code and the Supplementary Code as amended are well designed to promote the policies 

and purposes of Title I of the National Industrjal Recovery Act, 

including the 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 trade 

groups, by inducing and maintaining united action of labor and management under adequate governmental sanction and supervi ion, 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) The Supplementary Code as amended 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. 

( c) The Supplementary Code empowers the Supplementary Code 

Authority to present the aforesaid Amendment on behalf of the 

Industry as a whole. 

( cl) The Supplementary Code and the Supplementary Code as 

amended are not designed to and will not permit monopolies or 

monopolistic practices. 

(2) 
3 

o<l a am nd d 

mall nt rpri 

ha e 

al of 

r a on th r fore thi Amendm nt has been approved. ati nal In lu trial Re overy Board: 

w. A. lliRRIM ' 

J A :ruARY 31 1935. 

Administrative Officer. 

• 
Al\1E~DMENT TO SUPPLE1\1ENTARY CODE OF FAIR CO~IPETITION FOR THE SHOE S1-IANK l\fA UFACTURI NG 

INDUSTRY 

A DIYISIO:N OF THE FABRICATED l\IETAL PRODUCTS l\IAKUFAC-T RING AND 

UETAL FINISHING AKD ,IETAL COATING INDUSTRY 

Amend : Article V, by changing the Title to read : 

Open Price Filing, l\Iethocls of Cost Finding and Accounting and 

Unfair Trade Practices. 

Amen l : Article V, by renumbering the ol l Section 1 as S ction 4 ; 

delete the present Subsections (a), (b) and ( c) thereof and relctter 

Subsections (cl) to (j) inclusive in new Section 4 to (a) to (g ) 

inclusive. 

Insert new Sections 1, 2 and 3 as follows: 

SECTION 1. Each n1ember of the Industry shall file with a confidential and di interesh-- tl agent of the Supplementary Code Authority, 

or if none, then with uch an agent designated by the ational 

Indu trial Recovery Board, identified li ts of all of his price , discounts, rebates, allowances, and all other term or conditions of sale, 

hereinafter in this Section referred to as " price term · ", which lists 

shall completely and accurately conform to and reprc ent the indi- Yidnal pricing practices of said member. Such list shall contain the 

price terms for all such tanclard produ t of the Industry a are 

sold or offered for sale by said member and for such non-standard 

products 0£ said memb 0 r a shall be designated by the Supplementary 

Code Authority. Said p1·ice terms shall in the first in tance be filed 

,,,--ithin thirty day after the date of approval of this provision. 

Pric terms and revised price terms shall b come 0 :ffective immediately 

upon re eipt thereof by . aid agent. Immediately upon receipt 

thereof, said agent shall by telegraph or other equally prompt me ns 

notify aid member of the time of such receipt. Such list · and re- yjsion . together with the effective time thereof, ~hall upon receipt be 

immediately and simulbncously distributed to all n1embers of the 

Industry and to all of their customers who have applied therefor and 

ha Ye offered to defray the cosi actua lly incurre l by the Supplementary Code Authority in the prep.aration and di tribution thereof, 

and ·hall be aYailable for in ·pection by any of their customers at the 

office of such agent. Said li ... t or re-visions or any part thereof hall 

not be made available to any person until released to all members of 

the Indu try and their cu tamers, a aforesaid, provided, that prices 

filed in the first instance shall not be released until the expiration of 

the aforesaid thirty day period after the .approval of thi Section. The Supplementary Code Authority shall maintain a permanent file 

of all price term filed as herein provide 1, and hall not de troy any 

part of such records except upon written consent of the Nation.al 

Indu trial Recovery Board. Upon request the Supplemen_tary Code 

(4) 
5 
6 11111111111\i1\ll11l11\11\il1 i111llll11111'111\~llli1111111111 3 1262 08852 5455 

to effectuate the purposes of the Act, the Supplementary Code Au- thority may cau e an impartial agency to investigate costs and to 

recommend to the National Industrial Recovery Board a determination of the stated minimum price of the pro 1uct affected by the 

emergency, and thereupon the National Industrial Recovery Board 

may proceed to deterrn.ine , uch stated minimum price. 

"\Vhen the National Industrial Recovery Board shall have deter1nined such statec1 minimum. price for .a pecifiecl product for a stated 

period, which price shall be rea onably calculated to mitigate the 

conditions of such emergency and to effectuate the purposes of the 

National Indushial Recovery Act, it shall publish such price. There- after during such stated period, no member of the Industry shall 

sell such pecified products at a net realized price below said stated 

minimum price, and any ·uch sale shall be deemed destructive price 

cutting. From time to time, the Supplementary Code Authority may 

recommend review or reconsideration or the National Industrial 

Recovery Board may cause any determinations hereunder to be reviewed or reconsidered and appropriate action taken. 

SECTION 3. The Supplementary Code Authority shall cause to 

be formulated methods of cost finding and accounting capable of 

use by all members of the Industry, and shall submit such methods 

to the National Industrial Recovery Board for review. If approved 

by the J ational Indu trial Recovery Board, full information concerning uch methods shall be made available to all members of the 

Industry. Thereafter, each member of the Industry shall utilize 

such methods to the extent found practicable. Nothing herein contained shall be construed to permit the Supplementary Code Authority, any agent thereof, or any me1nber 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. 

Approved Code No. 84F-Amendment No. 2. 

Registry No. 929-1-01. 

0