Approved Code No. 201-Supplement No. 16 Registry No. 1135-03 

NATIONAL RECOVERY ADl\1INISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

SHEET· l\IETAL 

DISTRIBUTING TRADE 

(A Division of the Wholesaling or Distributing Trade) 

AS APPROVED ON JULY 27, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington. 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. 

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- - Approved Code No. 201-Supplemenf No. 16 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

SHEET METAL DISTRIBUTING TRADE 

As Approved on July 27, 1934 

ORDER 

APPRoVING SUPPLEMENTARY ConE OF F Am CoMPETITION FOR THE 

SHEET METAL DISTRIBUTING TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

An application having been duly made pursuant ~o and in full 

compliance with the provisions of Title I of the N atidnal Industrial 

Recovery Act, approved June 16, 1933, .:for approval of a Supplemental C-ode of Fair Competition for tl;le Sheet ~fetal Distributing 

Trade to the Code of Fair Competition :for the Wholesaling or 

Distributing Trade, and hearings hav:ing 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 o:f 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 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; subject, however, to the condition that the provisions of Article IV, Section 1 be deleted from said Code and the 

:following provisions substituted therefor : 

" SEcTION 1 (a) Destructive price cutting is an unfair method of 

competition and is forbidden. Any sale shall be deemed prima fade 

destructive price cutting if the net sales price shall be less than the 

seller's net invoice cost plus transportation charges to seller's 

warehouse. 

" Notwithstanding the provisions of this Section any wholesaler 

may sell any article of merchandise at a price as low as the price 

set by any competitor on merchandise which is identical or essentially the arne, where such competitor's price does not violate this 

Section or where such competitor is not subject to the provisions of 

this Supplemental Code. 

76467°----829-159----34 (1) 
2 

" N otwith an ding the provisions of this Section it shall not be 

deemed d tructi e price utting for a whole al r to sell the followin()' m rchandi at l s than n t invoi co t plus tran rtation 

charg , a I ro ide above : ob olete o· ds, bona de clo ut m rchan E : 1amag mer handi e, to k eino- liquida d mer han li e 

sold for charitabl I urpo or t un 1111 m nt r eli f a~ nci s, and 

uch oth r merchandi e as may b d ignate by the Div1Sional Code 

uth rit ·. (b) If th dmini trator hall at any time find (1) that an 

m rrr ncy ha ari n within tho trad , a v r ely affecting mall 

nteq ri. or wages r labor c n lition , or t ndinO' towar monoply or oth r a ute condition which tend to defeat the purpos f 

the Act and (~) that th fin incr of a ba is for d t rmininO' minimum pri for all r any ~ ifie l pr due old by the trade is 

ne ~ ary for a limit l p riod to correct the con litjon n ti uting 

u h em rgency and t cil' ctuate the purpo s of the t, the ode 

Authorit) may au e an impartial ao·en y to investigat o t and 

to recommend to the Admini trator a basis for determinino- minimum price of aid products. Thereupon the Administrator may 

fix a ba i for d termining the minimum price of any of said produ ts for a stated period. During such period no member of the trade 

shall sell su h products at a net realized price below the minimum 

price determined in accordance with the base so fixed. From time 

to time the Code Authority may recommend review or reconsideration or the Administrator may cause any determination hereunder 

to be reviewed or reconsidered, and appropriate action taken." 

I-IuoH S. JoHNSON, 

Ad1ninistrator fO'r lndust1ial Recovery. 

Approval recommended: 

RoBERT L. HousTON, 

Division Adm-inistrator. 

WASIDNGTON, D.C., 

July ~7, 193!;. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The vV hite House. 

Srn: This is a report of the Hearing on the Supplemental Code 

of Fair Competition for the Sheet Metal Distributing Trade, conducted in Room 2062, D partment of Commerce Building, vVashington, D. C., on April 6, 1934. The Supplemental Code which is 

attached was pre ented by duly qualified and authorized representatives of the Trade, complying with the statutory requirements said 

to represent about 68 per cent in number and about 68 per cent in 

volume of sales of the Trade which could be included under this 

Supplemental Code. 

THE TRADE 

The Census of vVholesale Distribution does not separately classify 

this Trade. According to what appear to be carefully and intelligently compiled statistics furnished by members of the Trade there 

are at the present time 185 concerns engaged in this business. In 

1929 there were approximately 1B5 concerns so engaged. Total 

annual sa les in the Trade in 1929 were about $38,000,000, and employees were approximately 5 000 in number. In 1933 sales had 

declined to about $22,000,000, while the number of employees had 

fallen to about 4,500. 

PROVISION~ OF TilE SUPPLEMENTAL CODE 

Since this Code is supplemental to the Code of Fair Competition 

for the \Vholesaling or Distributing Trade, it contains no labor provisions. The prov1 ions containing supplementary definitions are 

inclusive and accurate. 

The supplement to the adn1inistrative provisions of the General 

Code establishes a Divisional Code Authority which is fairly and 

adequately representative of all the different elements in the Trade. 

The Constitution and By-laws contain no inequitable restrictions on 

membership. The method provided for the election of the members 

of the Divisional Code Authority adequately proteCt those members 

of the Trade which are not members of the Association. 

The Trade Practice rules contained in this Supplemental Code are 

not in any re pect objectionable and are designed to promote fair 

comr etition in the Trade. 

FINDINGS 

The Deputy Administrator in his final r port to me on said. Pupp1 emental ode having found as herein set forth, and on the basis 

of all the proceedings in this matter; 

(3) 
-

4 

I find that- • 

(a) Said upplemental Code is well designed to :promote the 

p olicies and purposes of Title I of the National Industnal Recovery 

A t, including removal of obstructions to the free flow of interstate and for ign commerce whi h tend to diminish the amount 

th re f, and will provide for the general welfare by romotina the 

organization of in u try for the purpo of cooperative R tion 

am no- trad o-roups by indu ·ing and maintaining united action of 

labor an manag ment under n. l qua o- vernm ntal anction and 

supervi ion, by eliminating unfair comp itive practices, by promotino- the fullest p o sible use of the present productive capacity f indu tries, by avoiding undue restriction of production ( .xcept as may 

be temporarily required) by incrca ing the consumption of indus- trial and agricultural products through increasing pur in~ 

pow r by r ducino- and relieving unemployment by improving tandards of labor, and by otherwise rehabilitating industry. (b) Sai Trade normally employs not more than 50,000 employees 

and is not classified by me as a major industry. 

(c) The Supplemental Code a approved complies in all respects 

with the pertin mt pro' isions 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 association is a trade association truly representative of 

the aforesaid Trade; and that said association imposes no inequitable 

restrictions 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 elimh!ate or oppress small enterprises and will not operate to discrim-

:inate against them. 

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

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

Supplementat Code. 

For these reasons the Supplemental Code has been approved. 

Respectfully, 

JtrLY 27, 1934. 

HuGH S. JoHNSON, 

Ad17tini,r;;trator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE SHEET METAL DISTRIBUTING TRADE 

.A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial Recovery Act, this Supplemental Code is established as a Code of Fair 

Competition for the Sheet Metal Distributing Trade pursuant to 

Article VI, Section 1 (c) of the Code of Fair Competition for the 

Wholesaling or Distributing Trade, approved by the President of 

the United States on January 12, 1934. All provisions of the said 

General Code which are not in conflict with the provisions of this 

Supplemental Code are hereby incorporated by reference in this 

Supplemental Code and made a part hereof. Such provisions of the 

General Code together with the supplementing provisions of this 

code are the standards of fair competition fo~ and are binding upon 

every member of said Sheet Metal Distributing Trade. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " Distributor ", as used herein, shall mean 

any individual, partnership, corporation, association, or other form 

of enterprise or definitely organized division thereof, specifically set 

up to render a general distribution service, whose business is selling 

to sheet metal contractors, roofers~ fabricators, retailers, industrial, 

and other users; V\ho carries an adequately diversified stock of ferrous and/or ferrous coated sheet metals including, but without limitation, galvanized sheets., metal roofing and siding, tin plate, sheet 

zinc, and kindred lines defined as eaves trough, conductor pipe and 

elbows, tinners' tools, solder, but not including iron and steel sheets, 

except galvanized sheets; buys such merchandise; warehouses a reserve stock of it for servicing the Trade through salesmen, advertising, and/ or sales promotion devices; resells it; assumes the credit risk 

and/or such other obligations as are incident to the transportation, 

warehousing and distribution of sheet metals and kindred lines. 

The term shall not include any distributors whose business is principally the distribution of sheet steel seconds. 

SECTION 2. The term" Divisional Code Authority" as used herein, 

shall mean the Divisional Code Authority for the sheet Metal Distributing Trade, a Division of the Wholesaling or Distributing 

Trade. 

SECTION 3. The term " General Code '', as used herein, shall mean 

the Code of Fair Competition for the Wholesaling or Distributing Trn~. • 

(5) 
6 

~TI LE III-An::M:INI TnATION 

SUPPLEMENTING RTICLE VI OF THE GENERAL CODE 

SECTION 1. The Divi ional Code Authority for the beet Metal 

Di tributing Tra e hall be omposed of fiftc n (15) memb rs. 

ECTION 2. The members of such Di·d i nal C de Authority shall 

be le ted as follo-w : 

(a) The ExecutiYe Committee of the National As ociation of 

Sh t :Metal Di tributor shall nominate as candidate tw nty ( ... 0) 

per on from among the members of the Trad who are memb r of 

the A sociation. The Administrator shall nominate ten (10) candidates from members of the Trade who are not members of the 

Association. 

(b) The Executive Committee of the Association hall send out to 

all m.embers of the Association, a ballot upon "·hich are listed the 

names of the twenty (20). candidates nominated by the Association. 

At least ten (10) additional blank spaces shall appear on the ballot 

in which a voter may write his personal choices. To each ballot 

shall be attached a letter of assent to and compliance with this Supplemental Code and the General Code. At the same time, the Executive Committee of the Association shall send out to all members of 

the Trade, not members of the Association, who names are discoverable after diligent se~rch, the ballot containing the ten (10) candidates nominated by the Administration. At least five ( 5) additional blank spaces shal_l appear on the ballot in which a voter may 

write his personal choices. To each ballot shall be attached a letter 

of assent to and compliance with this Supplemental Code and the 

General Code. 

(c) Twenty (20) days after the mailing of these ballots, the Executive Committee of the National Association of Sheet Metal Distributors shall publicly count the votes which it has received, only 

those ballots being counted which are accompanied by a signed letter 

of assent and compliance. The ten (10) members of the Trade, who 

are members of the Association receiving the highest number of Yotes 

and the five (5) members of the Trade not members of the Association, receivin~ the highest number of votes, shall be declared lected 

members of the Divisional Code Authority. 

(d) The Executive Committee of the National Association of 

Sheet Metal Distributors shall certify to the Administrator the 

method of conducting the election and the re ·ults thereof. 

SECTION 3. Vacancies in the membership of the Divisi nal Code 

Authority whether to fill unexpired terms or full new terms shall be 

filled by the same method of election as that provided in Section 2 

of this Article III. 

SECTION 4. The Divi ional Code Authority shall cau e to be sele ted a Regional Committee of not more than three (3) members 

for each of such regional areas as it may e tabli h to act a it agent 

in handling uch matt r a may be ref rr d to uch omm1ttoo 

provided that nothing h rein shall relieve the Divisi nal o e Authority of any f its r sponsibjlitie under thi UI pl m ntal ode 

or under the General ode and provi d furth r that u h r gional 

committee shall at all times be subj t to and comply with the 

provisions hereof. 
7 

1 

SECriON 5. The Divisional Code Authority shall have the following duties and powers, in addition to those prescribed in the General 

Code, subject to such rules and regulations as may be issued from 

time to time by the Administratpr : 

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

(b) T-o use such trade a sociations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein provided that nothing herein shall relieve the Divisional Code 

Authority of its duties or responsibilities under this Code, and that 

su h trade associations nnd agencies shall at all times be subject to 

and comply with the provisions hereof. 

(c) To organize, elect officers, hire employees, appoint agents, and 

perform such other acts as may be necessary for the proper adminlstration of this Supplemental Code and the General Code. 

(d) To obtain from members of the Trade such information and 

reports as are req_uired for the administration of the Code. In addition to information required to be submitted to the General Code 

Authority and to the Divisional Code Authority members of the 

Trade 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 nothing in this Code shall relieve any 

member of the Trade of any existin~ obligatio_ns to furnish reports 

to any government agency. No individual report sl1all be disclosed 

to any other member of the Tl'ade or any other party except to such 

other governmental agen.cies as may be dir~cted by the Administrator. 

(e) 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 Trade (except those appointed by another 

Divisional Code Authority under the General Code) for the purpose of formulating Fair Trade Practices to govern the relationships 

between prod~ction and distribution employers under this Supplemental Code and under such others, to the end that such Fair Trade 

Practices may be proposed to the Administrator as an amendment 

to this Supplemental Code and such other Codes. . 

SEcTION 6. Nothing contained in this Suppl€rnental Code shall 

constitute the members of the Divisional Code Authority partners 

for any purpose, nor shall any member or members of the Divisional 

Code Authorjty or any Regional Committoo be liable in any manner 

to anyone for any action or omission to act, under this Supplemental 

Code, except for his own willful malfeasance or nonfeasance. 

SE(J"''riON 7. If the Administrator shall determine that any action 

of the Divisional 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 suspended to afford an opportunity 

for investigation of the merits of such action and for further consideration by such Divisional Code Authority or agency, pending 

final action, which shall be effective in case the Administrator approves or unless he shall fail to disapprove after thirty days' notice 

to him of intention to proceed with such action in its original or 

modified .form. 
8 

SECTION 8. (a) It ooino- found ne ary in order to support the r ndmini ration of thi uppl m nta.l ode an to maintain the 

standards f fair comp titian tabli h h r under and to effe tuate 

the li ~ f the Act the Divi ional ode Authority i authorized: 

(1) To incur uch r a onable obligations a are ne e ary and 

proper f r the f r going UTI o. es an to meet SU h 0 lio-atiOD$ 

ut of fund \fbi h rna be rai a hereinafter pro icled and 

whi h hall be held in trust for the purpo ... e of the ocl ; 

(2) To sullmit to the Aclmini trator f r his appr Yal ubje t 

'tO su h noti and or portunity to be hear a he may de m 

n ce ary (1) an it rnized budget of if+<:; estimat d xpense f r 

th for going purposes, and (2) an equitable ba is upon which 

the fund ne ary to support such budget shall be contributed 

by members of the Trade; 

(3) After uch budg t and basis of contribution have been 

appro ed by the Administrator, to determine and obtain qui table contribution as above set forth by all members of the Trade, 

and to that end, if neces ary, to institute legal proceedings 

th ref or in its own name. 

(b) Each member of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Di i ional Code 

Authority, determined as hereinabove provided, and subject to rules 

and regulations pertaining thereto issued by the Adrnini trator. 

Only members of the Trade complying with the Code and contributing to the expenses of its administration as hereinabove provided, 

unless duly exempted from making such contribution, shall be entitled to participate in the selection of members of the Divisional 

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. 

(c) The Divisional Code Authority shall neither incur nor pay 

any obligation in excess of the amount thereof as estimated in its 

approved budget, except upon ar;>proval of the Administrator; and 

no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates except those which the 

Administrator shall have so approved. 

ARTICLE IV-TRADE PRACTICES 

SUPPLEMENTING ARTICLE VII OF THE GENERAL CODE 

It shall be an unfair trade practice for any member of the Trade: 

SECTION 1. (a) To sell or offer for sale any goods at less than the · cost to the sell r. Su h cost shall be defin d to mean the actual n t 

invoiced purcha e price or market pri e whi h ver is lower plus 

tran portation charge to 11 r's warehou e plu actual wag involved in the delivery of g od by the seller when determined in 

accor an with an ac ounting formula d v lop by an impartial 

agen y cho en ~ ith the advice of th Admini trat r and publi h d 

from tim to tim by the Di i i nal Code Authority after appr val 

by the Administrator. 

(b) Not~ ith tandingth pro i ions of thi Se tion, any whol aler 

n1ay sell any article of merchandi e at a pri e as low as the price set 
9 

by any competitor on merchandise which is identical or essentially 

the same, and where such competitor's price does not violate this 

Section or where such competitor is not subject to the provisions of 

this Supplemental Code. 

(c-) Notwithstanding the foregoing provisions of this Section a 

-wholesaler may sell the following merchandise at less than the prices 

established under the said provisions: obsolete goods, bona fide 

clo eout merchandise, damaged merchandise, stocks being liquidated1 merchandise sold for charitable purposes or to unemJ?loyment reliet 

agencies, and such other merchandise as the Divisional Code 

Authority may designate. 1 

SECTION 2. 'To buy, carry in stock, or sell what is commonly known 

as sheet steel "seconds", unless plainl~ stamped "seconds" on each 

sheet and unless invoiced as "seconds '. 

SECTION 3. To allow for shiptnent direct from the mill terms 

of credit or cash discounts other than those which are received by the 

distributor. 

ARTICLE V-PEitltHSSIVE TRADE PRACTICES 

SUPPLEMENTING .ARTICLE VIII OF THE GENERAL CODE 

SECTION 1. Within ten (10) days after request to do so by the 

Divisional Code Authority each member of the Trade shall file with 

a confidential and disinterested agent of the Divisional Code Au· 

thority, or if none then with such an agent designated by the Administrator, a price schedule for each of such regions as may be designated, such identified list to include all of his prices, discounts, 

rebates, allowances and all other terms or conditions of sale hereinafter in this Article referred to as " price terms", which lists shall 

completely and accurately conform to and represent the individual 

prices and practices of such member. Such lists shall contain the 

price terms for all such standard products of the Trade as are sold 

or offered for sale by said member and for such nonstandard products 

of said n1ember as shall be designated by the Divisional Code 

Authority. 

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 notify said member of the time of such receipt. Such lists 

and revisions, together with the e:ffecti ve time thereof, shall upon 

receipt be immediately and simultaneously distributed to all members 

of the Trade and to _all of their customers who have applied therefor 

and have offered to defray the cost actually incurred by the Divi· 

sional 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 Trade and their customer , as aforesaid; provided that prices 

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

the aforesaid ten (10) day period after the request of the Divisional 

Code Authority. The Divisional Code Authority shall maintain a. 

1 .Amended-See paragraph 2 ot order approving this Code. 
10 

permanent file of all price term file as herein provided, and shall 

not d troy any part of su h r cor l xc pt up n written con nt 

of th \. 1mini rntor. Up n r qu t he Divi i nal ode uthority 

hall furni h to th Admini tr·ator o.r any duly u ignaied aa nt of 

th \.. 1mini trat r co1 i s f an.' ·u h li t. l' r vi ion of pri term . E TIO~' 2. \Yhen any m mber f the Trade ha file any r VI 10n, 

such mem r ·hall not fil a higher pri e within forty- ight ( 4 ) 

h ur ·. 

E no..... . To memb r of the Tra 1 hall ll or off r to sell any 

produ ·t c f th 'I rade f r w hi h pric t rm h< v en fil d pur uant 

to the roYi ·ion · f thi rti 1 x pt in a ·cordan e with u 'h price 

terms. ~£CTro.~.- 4. N m m r f the Trad hall enter into any agreement und rstan linrr combination or con piracy to fix or maintain 

rri term nor au e or attempt to cau e an~ memb r of the Trade 

to chano·e hi pri ·e term by th use of intimidation, coer ion, or any 

th r influ nee inc n i tent Y\·ith the maintenance of the free and 

pen mark t "·hi h it i the purpo ·e of thi Article to cr ate. 

E no... 5. ubject to th approval of the Admini trator the 

Divi ·ional od Authority may e tablish for shipment out of wareh use a maximum period of free credit, di count for early pa} ment, 

and rate of int re t for invoices not pail in full within uch period, 

in accordance with the requirement of the different area . 

A..'1TICLE VI-PmvEn OF PRESIDENT TO }riomFY 

Thi Supplemental Code and all the provi ions thereof are expre ly made ubject to the rio-ht of the President in accordance with 

the pro vi ions of the Sub-sectrbn (b) of Section 10 of the Act from 

time to time to cancel or modify any order, approval, licen e, rules 

or regulations i sued under Title I of aid Act. 

ARn LE VII-EF:FECTIVE DATE 

Th1s Supplemental ode hall become efr'ecti Ye on the tenth day 

after it. approvaL 

Approved de 1\'o. 201-Supt)lem nt No. 16. 

Registry No. 1135-03. 

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