Approved Code No. 84-Appendix No. 4 Registry No. 1149-18 

NATIONAL RECOVERY ADMINISTRATION 

CODE APPENDIX 

FOR THE 

MINE TOOL 

MANUFACTURING INDUSTRY 

(A Subdivision of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

U. 

and Metal Coating Industry) 

AS APPROVED ON JANUARY 4, 1935 

WE DO OUR PAR'f· 

UNITED STA TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Foreign and D m ::;tic: ' mmerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

.Atlanta, Ga. : 50-! Post Office Building. 

Birmingham, Ala. : 257 F deral Building. 

Bo~ton, l\Ia . : 1 01 u tombouse. 

Buffalo, . Y. : Chamber of Commerce Building. 

barle t n, . : Chamber of Commerce Building. 

Chic:ao-o, Ill.: uite 1706, 201 orth Wells treet. 

Cleveland, Ohio : Chamber of 'ommerce. 

Dalla., Tex. : bamber of Commerce Building. Detroit, l\Iicb. : '01 Fir t National Bank Building. 

H ouston, Tex. : Chamb r of ommerce Building. 

Indianapoli , I nd. : Chamber of Commerce Building. 

J ack onYill , F la .: Chamber of ommerce Building. 

Kan ·a City, l\lo.: 102 Baltimor Avenue. 

Lo Angele , alif. : 1163 outh Broadway. Loui ville, Ky. : 408 F deral Building. 

Memphi , T Dll. : _20 Federal Building. 

l\Iinn ap li , Minn. : 213 Fed ral Building. reTT· rlean , La.: Room 225-A, Customhouse. 

ew York, . Y.: 73-! u tomhouse. Norf lk, Va.: 406 East Plume Street. 

Philad lphia, Pa. : 4_2 Commercial Trust Buildina. 

Pitt burgh, Pa.: Chamber of Commerce Building. 

Portland, Or a . : 215 w Po t Office Building. 

St. Louis, Mo.: 506 Olive treet. 

San Franci co, Calif. : 310 u tomhouse. 

Seattle. Wa b.: 09 F ederal Offi e Building. 
Approved Code No. 84-Appendix No. 4 

CODE APPENDIX 

FOR THE 

MINE TOOL MANUFACTURING INDUSTRY 

As Approved on January 4, 1935 

ORDER 

APPROVING APPENDIX FOR THE MINE TooL MANUFACTURING INDUSTRY 

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING 

AND METAL FINISHING 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 4 of Article IV of the Code of Fair Competition for the Fabricated Metal Products Manufacturing and l\,fetal 

Finishing and Metal Coating Industry, approved November 2, 1933, 

as amended June 1, 1934, for approval of an Appendix establishing 

trade practice provisions for the Mine Tool lYianufacturing Subdivision of said Industry, and Notice of Opportunity to be Heard 

having been duly publicized, and no objections having been received 

thereon; and the annexed report on said Appendix to said 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, the National Industrial Recovery Board, pursuant to authority ve ted in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate by referenc.e said annexed report and does 

find that said Appendix to said Code complies in all respects with 

the pertinent provisions and will promote the policy and purposes of 

said Title of said Act; and does hereby order that said Appendix 

of said Code of Fair Competition be and it is hereby approved. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By \V. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

KILBOURNE JOHNSTON, 

Acting Division Administrator. 

w ASHINGTON, D. c., 

January 4, 1935. 

106409°-1465-12-35 (1) 
REPORT TO THE PRE !DENT 

The PRE IDENT 

The White House. 

Srn: Thi i a report on an Appendix to th Code of Fair ompetition for the Fabricat d Metal Products Manufacturing and 

M tal Fini hing and Metal Coating Indu try, approved on Novemb r 2, 1933, and a amended on June 1, 1934. 

GENERAL STATEMENT 

The Mine Tool Manufacturing Indu try, being truly repr entative of thi ubdivi ion of the Fabricated Metal Produ t ~Ianufacturino- and Metal Fini hing and Metal oating Indu try, has 

elected to avail itself of the option of operating under the Code for 

the Fabricat d ~fetal Product Manufacturing and Metal Finishing 

and Ietal oating Industry, with the assistance of additional fair 

trade practice provisions. 

RES ME OF THE APPENDIX 

Paragraph A Definition, accurately defines the term "Mine Tool 

Manufacturing Subdivision". · Paragraph B, Governing Body, sets up a governing body consisting of members of the Subdivision and also provide for an 

Ad.mini tration :Member. This governing body is to be known as 

the ubdivisional ommittee for the Mine Tool Manufa turing 

ubdivision. 

Paragraph C, Effective Date, prescribes the effective dat of the 

Appendix. 

TRADE PRACTICES 

for op n price filin o- by the members of the 

(2) 

for a ommitimplifi ati n of 
3 

Section 5 mak s it a violation of the Appen lix for any member 

of the Subdivi ion to ubmit a bid or bids for two or more commodities ( one or more which i a Mine Tool Procluct) in which the 

unit price of each commodity is not clearly stated. 

Further, no member of the Subdivi ion shall a ept orders or 

contract for a sale at a lump um where the contract does not sp cify 

the exact quality, quantity and unit price of the product purchased. 

FINDINGS 

The Deputy Administrator in his final report to the B ard on aid 

Appendix to said Code having found as herein set forth and on the 

basis of all the proceedings in this matter: 

It has been found that: 

(a) Said Appendix to 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 employs not more than 50,000 employees; and is not classified by the National Industrial Recovery 

Board as a major industry. 

( c) The Appendix to said Code as approved comJ?lies in all respects with the pertinent provisions of aid 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 association is an association truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on a·dmi sion to membership therein. 

( d) The Appendix to said Code is not designed to and will not 

permit monopolies or monopolistic practices. 

( e) The Appendix to aid Code is not designed to ,and will not 

eliminate or oppress small enterprises and will not operate to discriminate again t them. 

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

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

Appendix to said Code. 

For these reasons, therefore, this Appendix of said Code has been 

approved. 

For the ational Industrial Recovery Board: 

w. A. HARRIMAN, 

JANUARY 4, 1935. 

Administrative Officer. 
CODE PPE DI./ .. FOR THE :MI E TOOL IA UF TURI GI D TRY 

A 

Pur uant to ti n 4 of rti le I of the ode of Fair 

titian of the Fabricated 1 tal Produ fanufaicturino- and 1 tal 

Fini hino- and 1 tal Coatino- Indu tr a am nd d ( the t rm of 

which apply to ach memb r of the 1ine Tool ubdi i ion) the 

following pr i ion are tabli hed a an ppendix to aid ode 

of Fair on1p titian of th Fabri ated Metal Product 1anufacturing an l 1etal Fini hino- and 1 tal oating Indu try for the 

Mine Tool Subdivision of that In lustry. 

A. Definition.-The t rm "Mine Tool Subdivi ion' a u ed 

herein, m an and include the manufacture for ale of mine tool 

products includino- oal drilling machines for u e b hand I ower 

and repair parts for such machine ; brea t auger for hand drillinoor borino- in coal or in clay and repair parts for ame · c a1 minin 

pick ; coal wedge ; coal mine bars for lifting prying and breaking 

coal; bla ting tools either all t el or with copper tamper and/ or 

scrapers; copper needles; power auger for electric pow r drilling 

ma hines; and mine tra k tool such a track adze · I ike puller 

for mine track pike and mine tra k ·ag n t covered by another 

code of fair competition. 

B. ubdivi ional Oo11imittee.-The member of the ubdiYi ion 

shall et up a ubdi, i ional committee for th 1in To 1 ubdivision, hereafter r ferred to a the ub ivi i nal omm.itt e , oni tino- of a many m mb rs a may bed termined by and in a mann r ati factory to the Ba ic C de uthority and th Na ional Indu trial R co ry Board. The ational Indu trial RocoY r B ard 

may appoint a member of the ubdivi ional committ e wh hall be 

giv n rea nabl notice of and ma it at all meetino- f the ubdivi i nal committ bu "ho hall be "ithout vote and hall rve 

with ut xp n e to the ubclivi ion. . Eff ecti e Date.-Thi pp n lix hall b om ff c i t n 

(10) da after it appr Yal by th ati nal Indu trial Re v ry 

Board. 

TRADE PR.A TI 

f th ub lia nt f the 
5 

subdivisional committee or, if none, then with . u h an agent designated by the National Industrial Recovery Board, identified Ii ts of 

all of his price , di count rebates, allowance : and all other terms 

or conditions of sale, hereinafter in thi article referred to as "price 

terms", which lists shall completely and accurately conform to and 

represent the individual pricing practices of aid member. Such lists 

shall contain the price terms for all uch standard products of the 

subdivision as are sold or offered for sale by said member and for 

such non-standard products of said member as shall be designated 

by the subdivisional committee. Said price terms shall in the first 

in tance be filed within twenty (20) days after the date of approval 

of this provision. Price terms and revised price terms shall become 

effective immediately upon receipt thereof by said agent. Immediately upon receipt thereof said agent shall by telegraph or other 

equally prompt means noti?y said member of the time of such receipt. 

Such lists and revisions, together with the effective time thereof shall 

upon receipt be immediately and simultaneously distributed to all 

members of the subdivision and to all of their customers who have 

applied therefor and have offered to defray the cost actually incurred 

by the subdivisional committee 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 persons until released to all members of the subdivision 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 Appendix. The subdivisional committee shall maintain a 

permanent file of all price terms filed as herein provided, and shall 

not destroy any part of such records except upon written consent of 

the National Industrial Recovery Board. Upon request the subdivisional committee shall furnish to the National Industrial Recovery Board or any duly designated agent of the National Industrial 

Recovery Board copies of any such lists or revisions of price terms, 

(b) When any member of the subdivision has filed any revision, 

such member shall not file a higher price within forty-eight ( 48) 

~10urs. 

( c) No member of the subdivision shall sell or offer to sell any 

products of the subdivision for which price terms have been filed 

pursuant to the foregoing provisions, except in accordance with 

such price terms. 

( d) No member of the subdivision 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 subdivision 

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 provision to create. 

SECTION 2. Minimum Quality Standards.-The subdivisional committee shall appoint within sixty (60) days after the effective date, 

a committee, consisting of three (3) members who shall make a 

study for the standardization and simplification of products in this 

subdivision, the elimination of unnecessary or infrequently demanded 

sizes or types of this subdivision's products in cooperation with the 

Bureau of Standards and Bureau of Mines of the United States 
111 11 11111~im~1lllllll1' II ~11 ll1i11 II 1l1U1l1] 11111111 1 

6 3 1262 08856 1054 

Department of Commerc with th view to making recommendations for their adoption by the ubdivi ion. 

This committe hall render a report to the subdivi ional committee within ix ( 6) month of its appointment and shall attempt 

to complete its study of the foregoing ugge tions within a period 

prior to the expiration of the National Indu trial Recovery Act. 

Such recommendation of the subdivi ional committee, when approved by two-thirds Yote of the members of the subdivision and 

approved by the ational Indu trial R covery Board, hall become 

the standard for such products of the subdivision, and shall become 

effective sixty (60) days after such approval. Thereafter, all members of the subdivision shall follow, in the 1nanu£acture of such products, such standards of manufacture and failure to follow such 

standards set up by the subdivisional committee and so approved by 

the members of the subdivision and the National In lu trial Recovery 

Board shall be deemed an unfair method of competition and a violation of this Appendix. The National Industrial Recovery Board 

1nay at the time of approval of said standards, or thereafter, permit 

the manufacture and sale of non-standard products of the subdivision, if any, subject to such labeling requirements as the National 

Industrial Recovery Board may prescribe. 

SECTION 3. Selling on Oonsignment.-No member of the subdivision shall, from and after the effective date of this Appendix sell 

or offer to sell any products of the subdivision on consignment, except 

under circumstances to be defined by the subdi visional committee 

and approved by the National Industrial Recovery Board where peculiar circumstances of the subdivision require the practice. 

SECTION 4. Substitution.-N o member of the subdivision shall furnish products of the subdivision more or less expensive, of better or 

inferior quality, or of larger or smaller size than specified without 

making the proper adjustments in the quoted price and clearly indicating the nature of the substitution. 

SECTION 5. Lwmp Sum Buis and Oontracts.-No member of the 

subdivision shall submit a bid or bids for two or more commodities 

( one or more of which is a Mine Tool product) in which the unit 

price of each commodity is not clearly stated. No member of the 

subdivision shall accept orders or contracts for sale at a lump sum 

where the contract does not specify the exact quality, quantity and 

unit price of the product purchased. 

Approved Code No. 84-Appendix No. 4. 

Registry No. 1149-18. 

0