Approl·ed Code No. 84-Supplement No. 51 Registry No. 1328-15 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENT ARY 

CODE OF FAIR COMPETITION 

FOR THE 

REFRIGERATION VALVES AND 

FITTINGS MANUFACTURING 

INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON SEPTEMBER 6, 1934 

:•"• r ----

U.S. DEPOC4Tnt~·t j -----------~--- UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

For e;ale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cenls 
This publication is for sale by the Superintendent of Documents, Government 

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

)J"'oreign :rnd Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCB 

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Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

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Detroit, Mich.: 801 First National Bank Building. 

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Jacksonville, Fla.: Chamber of Commerce Building. 

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Minneapolis, Minn. : 213 Federal Building. 

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t. Louis, l\Io. : . OG OliYe Str et. San Francisco, Calif. : 310 Cu tomhouse. 

Seattle. Wnsh.: 80D Federal Office Building. 
Approved Code No. 84-Supplement No. 51 

SUPPLEMENT TO CODE OF FAIR COMPETITION 

FOR THE 

REFRIGERATION VALVES AND FITTINGS MANUFACTURING INDUSTRY 

As Approved on September 6, 1934 

ORDER 

APPROVING SUPPLEMENTARY CODE OF F All COMPETITION FOR THE 

REFRIGERATION VALVES AND FITTINGS J\1ANUFAC'ffiRING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISffiNG AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, and in accordance with the 

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

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coating Industry, approved November 2, 1933, for approval 

of a Supplementary Code of Fair Competition for the Refrigeration Valves and Fittings Manufacturing Industry, and hearing having been duly held thereon;, and the annexed report on said Supplementary Code, containing nndings 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 ~uthority 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 Supplementary 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 Supplementary Code of Fair Competition be and it is 

hereby approved. 

Approval recommended: 

HUGH S. JOHNSON' 

Ad1ninistrator for Industrial Recovery. 

BARTON w. MURRAY, 

Division Ad1ninistrator. 

\VASHINGTON, D.C., 

S epte11iber 6, 1934. 

84630°-1181-16-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The "JIV hite H ouS'e. 

Srn: This is a report on the Supplementary Code of Fair Competition for the Refrigeration Valves and Fittin o-s Manufacturing 

Industry, a Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Indu try the hearing 

having been conducted thereon in "\Va hinO"ton, D. . pril 9, 1934, 

in accordance with the provisi ns of Title I of th ational Industrial Recovery Act. 

GENERAL ST A TEl\fE T 

The Refrigeration Valves and Fittings ·.Manufa nrin · In lu. try, 

being truly representati, e of this Divi ion of th Fabrieate l fetal 

Products Manufa turi1 rr and Metal Fini hino- an I ..._ etal 1oatin · Industry, ha ~ elected to avail itself of the option of .·ubmittino- a 

Supplementary Code of Fair Competition, a proYid d for in ti n 

1 of Article VI of the Basic Code, for the Fabricated Ietal Pro u ts 

Manufacturing and :.Metal Finishing and M tal Coatino- Indu try, 

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

RESUME OF THE CODE 

<-
3 

Article IX provides against monopolies or monopolistic practices. 

Article X contains the mandatory provisions contained in Section 

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

amendments to the Supplementary Code. 

Article XI recognizes that price increases be limited to actual additional increases in the sellers costs. 

Article XII states the effective date of this Supplementary Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Supplementary Code, having found as herein set forth and on 

the ba is of all the proceedings in this matter : 

I find that: 

(a) Said Supplementary Code is well de igned 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 purposes 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 ca.pacity of industries, by avoiding undue restriction of production ( except as may 

be temporarily required), by i-ncreasing the consumption of industrial 

and agricultural products through increasing purchasing power, by 

reducing and relieving unemployn1ent, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

( c) The Supplementary Code as approved complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Subsection (a) of Section 3, Subsection (a) of 

Section 7, and Subsection (b) of Section 10 thereof; and that the 

association is an industrial association truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

( cl) The Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. 

( e) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. 

(£) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Supplementary Code. 

For these reasons, therefore, I have approved this Supplementary 

Code. 

Respectfully, 

SEPTEMBER 6, 1934. 

HUGH s. JOHNSON' 

Ad1ninistrator. 
SUPPLEMENTARY CODE OF F .AIR COMPETITION FOB. THE REFRI ERATION 

VALVES AND FITTINGS MANUFACTURING lNDUSTR 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFA 

METAL FINI HING AND METAL COATING INDU TRY 

ARTICLE I-PURPOSES 

RI G AND 

To eff ectuat the policy of Title I of the National Indu trial Recovery Act, the fo'llowing provisions are established as a upplementary Code of Fair Competition for the Refrigeration Valves and 

Fittings Manufacturing Industry. Pursuant to Article VI of the 

Basic Code of Fair Competition for the Fabricat d Metal Products 

:&ianufacturing and Metal Finishing and Metal Coating Industry approved by the President of the United tat.es on the second day of 

November, 1933, the provision of the Suppl mentary Code shall be 

the standard of fair competition for th Refrigeration Valves and 

Fittings Manufacturing Industry and shall be binding upon every 

member thereof. 

RTICLE II-DEFINITIONS 

( -1) 

111 

cl her in in ln lP · an. ·on 

re iYing 'Hnpen. ution 

r m tho l of p:.iym •n f 
5 

States, Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 

SECTION 6. The term "Basic Code ·', as used herein, is defined to 

mean the Basic Code of Fair Competition for the Fabricated Metal 

Products :Manufacturing and lVIetal Finishing and Metal Coating 

Industry, as approved by the President on the :6nd day of :November, 

1933. 

SECTION 7. The term ' t,upplementary Code Authority " as used 

herein means the agency wh1cn is to admini ter this Supplementary 

Code as hereinafter provided. 

SECTION 8. The term 4·Association " as used herein, is defined to 

mean the Refrigeration Valves and Fittings l\1anufacturing Association or its successor. 

SECTION 9. The term" Supplementary Code Committee" is defined 

t0 mean the Executive Committee of the A sociation. 

SECTI0.1 10. 'l 'he term 4

' Impartial Agent:, as used herein is defined 

to mean the impartial agency designated by the 8upplementary Code 

Authority. 

SECTION 11. The term " Federation" as used herein is defined to 

mean the Fabricated l\1etal ..Products .Federat10n or its success0r. 

ARTICLE III-El\IPLOYl\fENT PROVISIONS 

This Industry is a division of the Fabricated J\1etal Products 

:Manufacturing and Metal Finishing and Metal Coating Indu try 

~and without 1imitation the wage, nour and labor provisions in 

Article III of its Basic ode as approved by the President, N ovember 2, 1933, including 8ection I of said Article III, by which the prt)-

visions of subsections ( 1), (2) and ( 3) of Section 7 (a) of Title I 

of the Act are made conditions of this Supplementary Code, are 

~pecifically incorporated herein and rn.ade a part hereof as the wage, 

hour and labor provisions of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AND Am\:l:INISTRATIOK 

SECTION 1. During the period not to exceed sixty (60) days following the effective date of this Supplementary Code, the Supplementary Code Committee of the Industry shall constitute a temporary Supplementary Code Authority until the Supplementary 

Code Authority is e1ected. There shall be constituted within the · 

sixty-day period a Supplementary Code Authority consisting of five 

members to be elected by the members of the Industry, at a meeting 

called by the Temporary Supplementary Code Authority, upon ten 

days' notice sent by registerecl mail to all members of the Industry 

who e names may be ascertained after diligent search, who may vote 

either in person or by proxy. The members of the Supplementary 

Code Authority first elected shall serve until the following annual 

meeting of the }.L.ssociation, and thereafter, members of the Supphmentary Code Authority shall be elected by the members of the Industry, such election to be held at the time and place of each annual 

meeting of the Association to serve until the following annual meeting. The members of the Supplementary Code Authority shall be 

elected in the following manner : 
6 

(a) One member who shall be a member of the Industry by a 

majority vote of all mem.ber of the I ndustry present in person or 

by proxy, each mern.ber to have one vote. 

(b) One member who i a niember of the I ndn try but not a, 

member of the Association by a majority vote of all tho e members 

of the Industry, who are not members of the A ociation, present in 

p er on or by proxy, each member t o have one vote. 

In the event that the non-members fail to elect such non-member, 

then the Admini trator may appoint uch non-member form a list of 

two non-members submitted by the Supplement ary ode Authority 

a at the time constituted. 

( ) Thr e members by majority vote of memb r f the . iation, present in person or by proxy, weighte 1 on the ba is of one 

vote for each member and one additional vote f or ea h 25 0 0.0 or 

major fraction thereof of annual ales in the pr vious calendar . ear 

r ep rted to th S upplementary Code Authority; I rovid d how er, 

that no on m mber may ca t more than 25 percent of t otal number 

of Yote ca t. 

A vacancy in the member hip of the S upplem ntary Code Authority n1ay be filled by a majority vote of the r maining 1nembers 

of the Supplem ntary Code Authority, provided that uch vacancy 

hall be filled from the la in which it occur . 

In addition thereto the Administrator may appoint a member of 

the Supplementary Code Authority who without , ote ·hall ..,erve 

\ ithout exp n e to the Inclu try. The repre entatiYe wh may be 

appointed by the Admini trator hall be given r ea nabl noti f 

an l may sit at all meebnat; of the upplementar:v o le nth rit . . 

E TIO 2. Each trade a ociation directly or indirectly participating in the election r a tivities of th upplem ntary Co le uthority shall ( 1) impo e no i1 equitable re triction:· on a lmi ion to 

membership, and (2) submit to the A lmini trator tru copie of it 

Article of As ociation By-La ;v Re<Yulation an l an.' amendm n l 

when made th r to toaether with ·u h oth r inf rmati n < to m mber hip oro·• nization and a tiYities a tl clmini.-trat r ma: l m 

nece ary to ffe tuat the I nrpo e of the Act. 

E TI N · . In order that h nppl mentar. r d u h rit_~ h< 11 

at all time , b truly r Ir · nt.atiYc f he Inclu~ tr ' < nd in th r 

r pc ,t rnply with th pr vi ion.- of the \. t, th \.clmini. tra r 

may pre ·crib uch Hearin o·: a l e ma , r -a ·onabl ' cl ''lll I r p r · 

and, ther aft r if he hall find th, t th • upr I men ary dn uthori( i · n t truly r pre ntatiY ~ r do :-; n t in ther r l · · · n 1 I 1 

·with th I ro i ion of th ·t, ma. r quire th r 'Ill -val f any r 

all f th m mber th r of~ a 1 may mak an appn>J riat m lifi ·ation or modifi ·aticrn. int lie method of : ,1 · ion the n1 pl m ntar 

1 nthoritv. , TI x . :it l i g f un 1 n .-:ary in or l r < :-:11 Pl ort th a lmini:tra i n of tl i.· 111 I 1 m nt. r' od arnl t mni 1t,1 i 11 th tarnlard. of fu.i r c·cuq,,tition stubli.·h•cl her 1ml rand t1 •ff•duat t h 

pc li of th,, Ad, th • 'u1 pl 1 1 ntary 'oclt' -\.ntltori y i · ~ utl nrizt> l: 

n 'lo in ·m· . uch r a. onahle obli()'a ion: n. ar' Ill' ·e ·. ar' an l 

pr )J) 'l' f r the for ~oing purp . , _. t 11 l to n rt uch ·i }igat.iui1. ou 

>f fun l · Ybi ·h may Ii• r,1 ·: 1•, 1 a. lwr in·1 rt r prcwi led an l \\ hi 'h 

.·hall be h •hl in ti u t f<,r th• p11r1 _. '::-i of th u1 pl •m ntnr · tl · 
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(b) To submit to the Administrator for his a'pproval, subject to 

such notice and opportunity to be heard as he may deen1 necessary 

( 1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds neressary 

to support such budget shall be contributed by members of the 

Industry; 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industry, and to 

that end, if necessary, to institute legal proceedings therefor in its 

own name. 

Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Supplementary 

Code Authority, determined as hen~inabove provided, and subject to 

rules and regulations pertaining thereto issued by the Administrator. 

Only members of the Industry complying with the Supplementary 

Code and contributing to the expenses of its administration as hereinabove provided, unless duly exempted from making such contributions, shall be entitled to pa1-ticipate in the selection of members of 

the Supplementary Code Authority or to receive the benefits of any 

of its voluntary activities or to make use of any emblem or insignia 

of the National Recovery Administration. 

The Supplementary Code Authority shall neither incur nor pay 

any obligation substantially in excess of the amount ther eof as estimated in its approved budget, and shall in no event exceed the total 

amount contained in the approved budget, except upon approval 0£ 

the Administrator; and no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates 

except those whicL. the Administrator shall have so approved. 

SECTION 5. Nothing contained in this Supplementary Code shall 

constitute the men1bers of the Supplementary Code .Authority partners for any purpose. Nor shall any member of the Supplementary 

Code Authority be liable in any 111anner to anyone for any act 0£ 

any other member, officer, agent, or employee of the Supplem~mtary 

Code Authority, nor shall any 1nernbet of the Supplen1entary Code 

Authority, exercising reasonable diligence in the conduct of his 

duties hereunder, be liable to anyone for any action or omission to 

net under this Supplementary Code, except f or his own willful 

malfeasance or non-feasance. 

SECTION 6. The Supplementary Code Authority shall also from 

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

said Basic Code, such information as may be required to be furnished under te.rms of said Ba ic Code. 

SECTION 7. The Supplementary Code Authority shall have all 

the powers and duties which shall be necessary and prop 0 r to enable 

it to fully administer this Supplen1entary Code and to effectuate its 

purpose. 

\iVithout limitati@n to the foregoing or any other powers or duties 

provided for in this Supplementary Code, the Supplementary Code 

Authority shall have the following further powers and duties: 

(a) To ~dopt by-laws and rules and ~e~ulations for, and keep 

records of its procedure and for the adm1n1stration of the Supplementary Code. 
8 

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

and reports as are required for the administration of the Supplementary Code. In addition to information required to be submitted to the Supplementary Code Authority, members of the Industry subject to this Supplementary Code shall furnish such statistical 

information as the Administrator may deem neces ary for the pur, 

l os 0 s recited in S0 ction 3 (a) of the Act t uch Federal and ta te 

ngencie · as he may de ignate; provided that nothing in this upI lementary Co le shall relieve any member of the Industry of any 

existing obligation to furni h reports to any Government ao- ncy. 

No indivi lual report shall be di dosed to any other m mber of the 

In l ustry or any other party exc pt to uch other overnment:il 

ag ncie as may be dir cted by the Administrator. 

( c) To u e uch trade as ociation and other agencie as it de ms 

pr per for the carryino- out of any of it activitie provide l for 

herein, provided that nothing herein shall relieve the Supplem ntary 

Col Authority of its duties or re ponsibilities under thi Supplementary Code and that uch trade a sociations and a encie hall 

at all times be subject to and comply with the provi ions hereof. 

( d) To make recommendations to the Admini trator for the 

coor lination of the Administration of this Supplementary o le 

with such other codes, if any, as may be related to or affect the 

members of the Industry. 

( e) To recommend to the Administrator further fair trad practice provi ions to gov rn members of the Industry in th ir r lations 

with each other or with other industries and to recommen,1 to the 

A -lmini tr a tor measures for industrial planning inclu<lin o tabilization of employment. 

(f) To set up definitions for the variou classe f cu t m r 

within thi indu try, subject to the approval of the A lmini tratm· · 

provided, however, there shall be no clas ification f individual 

cu tomers by the Supplementary Code Authority. 

(g) To appoint a trade practice ommitte which . hall me t wi h 

th trade pra tice committee a.pr ointed under u h ther le a 

may be related to the Indu try for the purp e of f rmulatin · fa,ir 

trade practices to govern the relation hip between .ml lo er. un l r 

this Code and under uch other cod , to th nd that u h fair tra 1 l 

pra tice may b pror o d to the Admini trat r a am ndm nt to 

this ode and u h other ode . (h) To provide appr priate facilitie f r arbitration f liff r n e 

l tw n member of the Indu try, and ubj t th a1 Ir val f 

th Administrator, to pr cribe rule of pr lur an 1 rul · t ff rt 

cumr ljan with :.r,Yard and d termina i n . 

(i) If th Aclmini trat r b li v , that an. a ti n f th 

1r1 ntar d Authority or an ag n th r f i unfair 

or ontrary t the publi inter t th dmini trat r ma r qmr 

that u h a ti n b u l end 1 t , ff r 1 an pp rtunit) f r i1w -

tigation of th ri f uch a ti Furth r a ti n ,· su h nr - J ]em ntar uth rit r a n r ar liner th matt r 

1 Iain l of ma b ak n if ap1 r v 1 b th lmini trat r, n 

n t b tak n if li. a pr v l b th lmini. trat r wi hin thirt 

f n ti t him f int nti n t 1 r 1 wjth n h a ti n. 

th .·t n p rmiit l b. th 1. t an l 1 nr. n. nt t 

ulu i n a th 1. lministrat r ma 1 r , rib • n 
9 

and all information :furnished to the Supplementary Code Authority 

by any m·embers of this Industry pursuant to the provisions of this 

Supplementary Code shall be subject to verification by an impartial agent agreed upon by this Supplemen ary Code Authority and 

the member of the Industry in question, or failing uch agreern.ent, 

appointed by the Administrator, which impartial agent may check 

so much of the pertinent books, account: and records of uch member of the Industry as may be required t o '"°erify the ac<::uracy of the 

information so furnished. 

SECTION 9. Subject to uch rules and regulations a the Administrator may prescribe, the Supplementary Code Authorit hall have 

the power to investigate all complaints of alleged violation of this 

Supplementary Code filed with it by one member of the Indt try 

against another member of the Industry. 

SECTION 10. Every employer shall provide for the afety and 

health of employees during the hour and at the places of their 

employment. Standards for safety and health shall be ubmitted 

by the Code Authority to the Admini trator within three (3) months 

after the effective date of the Supplementary Code. 

ARTICLE V-CosT Fn,DL""G 

SECTION 1. The Supplementary Code Authorit} Nhall cause to be 

-formulated methods of cost finding and accounting capable of use 

by all member of the Indu try, and shall ubmit such method to the 

Administrator for review. If approYed by the Administrator, full 

information concerning such methods shall be mad aYailable to all 

members of the Indu try. Thereafter each m"'mbcr of the Indu try 

shall utilize such method to the e.x,.ent found practicable. Nothing 

herein contained shall be construed to permit the upplementary 

Code Authority, any agent thereof or any member of the Industry 

to suggest uniform addition, percentages or differentials or other 

uniform items of co t which are desi~tner:1 to brinO" about arbitrary 

uniformity of cost or prices. 

ARTICLE VI-Co TS AXD PRin: C--cTTIXG 

SECTIO .... i 1. The . tandards of fai"r comp titian for the Industry 

with reference to pricing practice are <l 0 clared to be as follow : 

(a) "\ ilfully de tructi,·e price cutting i an unfair m thocl of competition and is forbidden. L ny member ,-f the Indu try or of any 

other Industry or the customers of either may at an 1 time complain 

to the Supplementary Code / uthority tLat any filed price con~titutes 

unfair competition a de tructiYe price cutting imperiling mall enterpri e or tending to-ward I~1onopoly or the impairment of code 

wages and working conditions. The Supplementar3 Code Authority 

shall witrin 5 days afford an opportunity to the member filing tbe 

price to an wer uch complaint and c:hull "ithin 14 day mak a 

!.'uling or adjustn1ent thereon. If uch rulino- i not concurred in by 

~ither party to the complaint all papers shall be referred t the 

Research and Planning Divi~ion of X.R. \.. which hall rendet a 

report and recommendation thereon to the _ dmini trat.or. 

(b) When no declared emergen y exi.-::: ts us to any giYen product, 

there is to be no fixed minimum ba ·i for prices. It i intended 
10 

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

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

below the stated minimun1 price of such product, in violation of 

Section 2 hereof, is forbidden. 

SECTION 2. E11iergency Provi.sions.-(a) If the Administrator, 

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

has arisen within the Industry adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to defeat the purpo e of the Act; and 

(2) that the determination of the stated minimum price for a. pecified product within the Industry for a limited period is necessary 

to mitigate the conditions constitutina su h emergency and to effectuate the purpo es of the Act, the Supplementary 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 such stated 

minimum price for a specified product for a stated period, whi h 

price shall be reasonably calculated to mitigate the conditions of uch 

emergency and to effectuate the purposes of the ational Indu trial 

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

stated 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 SupJ?lementary Code Authority may recommend 

review or reconsiderat10n or the Admini trator may ause any determinations hereunder to be reviewed or reconsidered and a ppropria te action taken. 

ARTICLE VII-OPEN PRICE FILING 
11 

and have offered to defray the cost actually incurred by the Supplementary Code Authority in the preparation and distribution thereof and be available for inspection by any of their custon1ers 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 he released until the expiration 

of the aforesaid twenty (20) day period after the ap,proval of this 

Code. The Supplementary Code Authority shall maintain a permanent file of all price terms filed as herein provided, and shall 

not destroy any part of such records exce:pt upon written consent of 

the Administrator. Upon request the Supple1nentary Code Authority shall furnish to the Administrator or any duly designated 

agent of the Administrator copies of any such lists or revi3ions of 

price terms. 

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

(48) hours. 

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

products of the Industry, for which price terms have been filed pursuant to the provisions of this article, except in accordance with such 

price terms. 

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

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

or any other influence inconsistent with the maintenance of the free 

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

ARTICLE VIII-UNFAIR TRADE PRACTICES 

In addition to the Unfair Trade Practices covered bv Article V 

( excepting Sections A, B, C, E, F, and G) of the Ba~ic Co le as 

though herein repeated and set forth at length, and for all purpo es 

of this Supplementary Code the following described acts shaJ.l con- stitute unfair practices. Any 1nember of the Industry who hall 

directly or indirectly through any officer, en1ployee agent or representative use or employ any of such unfair practices shall be guilty 

of a violation of this Supplementary Code. . RULE 1. ln.accu,rate .Acl-vertising.-No member of the Industry 

shall publish advertising (whether printed, radio, display or o:f any 

other nature), which is n1isleading or fals 0 in any material particular, nor shall n_ny member in any way misrepresent any goods 

(including but without limitation its use, trade mark, grade, quality, 

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

content or preparation) or credit term , values, policie , services 

or the nature or :form of the business conducted. 

RuLE 2. FalS'e B,illing.-No member of the Industry shall knowjngly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

RuLE 3. Inaccurate Labeling.-No member of the Industry shall 

brand or mark or pack any goo l in any manner which is intended 

to or does deceive or mjslead purchasers with respect to the brand, 
12 

grade, quality, quan.tity, origin, size, substance, character, nature, 

fini h, material, content or preparation of such goods. 

RULE 4. Defa1nat?.°on.-N o member of the Industry shall defame 

a competitor by falsely imputing to him dishonorable conduct, inability to perform contracts, questionable credit standing, or by 

other false representation, or by falsely disparaging the grade or 

quality of his goods. 

RULE 5. Threats of Law Suits.- o member o:f the Industry shall 

publish or circulate unjuc::tified or unwarranted threats of legal proceedings which t end to or have the effect of haras ing competitors 

or intimidating their customers. 

· R uLE 6. R ebate&.-No member of the Industry hall secretly offer 

or make any payment or allowance of rebate refund, commi sion, 

credit, unearned discount, or exce allowance whether in the form o:f 

money or otherwic::e, nor hall a member of the Industry secretly 

offer or extend to any cust-0mer any special service or privilege not 

extended to all customers of the same class :for the purpo e of influencing a sale. 

RuLE 7. S elling on Oonsi.gmnent.-No member of the Industry 

shall ship goods on consignment except under circum tances to be 

defined by the Supplementary Code Authority and approved by the 

Administrator, where peculiar circum tan es of the Industry require 

the practice. 

RuLE 8. Oomrnercial Bribery.-N o member .o:f the Industry hall 

give, permit to be given or directly offer to give, anything of value 

for the purpo ·e of influencing or rewarding the action of any mployee, agent or repre entatfre of another in relation to the bu iness 

o:f the employer of uch employee, the principal of such arrent or the 

represented party, without the knowledge of such employer principal or party. This provision shall not be construed to prohibit 

free and general di tribution of articles comm0nly u ed for ad erti ing except so far as uch article are actually used for commercial 

bribery as hereinabove defined. 

RULE 9. Interf erence wi,th Anothe1·'s Contracts.- om mber of the 

Indu try hall wilfully induce or attempt to induce th brea h of a 

contract between a competi_tor and hi. u tom r or ur c :f uppl_ 

nor hall any such member interfere with or b truct th p rf rmance 

of such contractual ]uties or rvices. 

RULE 10. Ooe1·cion.- o member o:f the Indu try hall r quir that 

the purchac::e or lea e of any goods be a pr -r qui it t th pur ha 

or lea e of any oth r good . 

R LE 11. ubstitu-Uon.- o member f th Indu. tr} hall furni h 

arti le mor or le xpen ive, of b tt T r in:f ri r quali :f 

size la.r r or mall r than pecifi d with ut rnakin<Y th 

a lju tm nt in ·h qu t d ri an l 1 arl indi a ino- th 

f th ub titution. 

R LE 12. Lump 

r ff r t 11 t\v r m r mm diti 

f thi In lu tr "ith ut 1 arl 

mm it . R LE 1 . L i1,mJJ, 'llim., onh' 1 t .- 11 r ff r t ell x p n th I ri · 
13 

separately, and items shall not be lumped £or bidding or sale in any 

manner other than provided in such price schedules filed by him and 

in e:ff ect at the time. 

RULE 14. Default in Oont1·acts.-No member 0£ the Industry shall 

£ail, £or the purpose 0£ evading price schedules or securing a customer's favor, to enforce the provisions of all contracts. 

RuLE 15. R eports of Defaults and Oancellations.-No member of 

the Industry shall fail to report to the Supplementary Code Authority any or all defaults on contracts, or cancellation thereof, giving 

the attending circumstances and the action actually taken by such 

niember of the Industry with respect to such default and/ or cancellations. 

RuLE lG. Goods R eturned or Pu1·clwsed from, Oi1;.stomer.-N o member of the Industry shall accept, in lieu of other value, or otherwise 

pay or extend credit to his customer for the return of, used parts 

and/ or products of obsolete design, except at his filed price for scrap 

metal. 

RuLE 17. Purrchases fr01n Ousto1n.e1·s.-N o member of the Industry shall, for the purpose of influencing a sale, purchase products 

from customers or consumers of the product of this Industry, at 

prices higher than the published prices of the Indu try from which 

these products are obtained. _ RuLE 18. T er1ns and Oonclition,3 of Oontracts.-No member of the 

Industry shall fail to_ adopt and maintain uniform contract terms 

and conditions to be established by the Supplementary Code Authority and approved by the Aclm_inistrator. 

RULE 19. Credit T e1'?ns.-No member of the Industry shall fail to 

adopt and maintain such uniform credit terms as are established by 

the Supplementary Code Authority and approved by the clministrator. Such credit terms shall appear on all quotations, contracts, 

invoices, acceptances of orders and price lists or discount sheets. RULE 20. Freight Allowances.-No member of the Industry shall 

fail to adopt and maintain a uniform practice as regards freight allowances, such uniform practices to be filed with the Supplementary 

Code Authority. The conditions of freight allowances shall appear 

on all quotations, contracts, invoices, acceptances of orders, and price 

lists or discount sheets. RULE 21. Definitions of Ousto1ners.-N o member of the Industry 

shall fail to comply with the definitions for various classe of customers set up by the Supplementary Code Authority and approved 

by the Administrator as in Article IV, Section 7, sub-section ( f) 

herein provided. Quotations, prices, discounts, credit terms, allowances, or other conditions of sale shall be made on the basis of such 

definitions and deviations therefrom shall constitute unfair methods 

of competition and a violation of this Supplementary Code. 

ARTICLE IX-~'.[ ONOPOLIES 

No provisions of this Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practices or to eliminate, oppress or discriminate against small enterprises. 
UNIVER SITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII II IIII IIII IIIII Ill lllll I I 

3 1262 08853 8326 

ARTICLE X-MODIFIOATIONS 

SECTION 1. As provided in Section 10 (b) of the Act, the P resident 

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

rule or regulation issued under said Act. 

SEcno 2. Thi Supplementary Code, except as to provisions re# 

quired by the Act, may be mo lifiecl or amended on the basis of experience or chang s in circumstances, such modifications or amendments 

to be based upon appli 'ation by the Supplementary Code Authority 

or other repre entative group within this Industry to the Admini trator, and such notice and hearing as he shall specify and to become effective and be a part of this Supplementary Code on approval 

by the President of the United State . 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increa e real purchasing power 

will be made more difficult of con ummation if prices f good and 

services increase as rapidly as wage ~ it i recognized that price increases except such as may be required to meet individual costs hould 

be delayed, and when made, such increases should as far as po ible 

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

ARTICLE XII-EFFECTIVE DATE 

This Supplementary Code shall become effective at 12: 01 o'clock 

A.M. on the tenth day after its apprm al. 

A11provel1 Cotl 0 N 1'. S4-Su1 plement No. 51. 

R egistry No. 1328-15. 

0