Approved Code No. 84-Supplement No. 28 Registry No. 1135-21 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR CONIPETITION 

FOR THE 

JOB GALVANIZING 

METAL COATING INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON MAY 17, 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, Goyemment 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEP ARTl\IENT OF COMMERCE 

Atlanta. Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mas . : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building .. Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, l\li cb.: 801 Fir t National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

1\lem] his, Tenn. : 2~!) Federal Building. 

Minneapolis, Minn. : 213 ]'ederal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York. N.Y.: 734 Customhouse. 

Norfolk, Va.: 40G East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Bu'il ding. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Loui~ , Mo.: 506 OliYC Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building . 

• 
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Approved Code No. 84-Supplement No. 28 

SUPPLEIV!ENTARY CODE OF F _IR COMPETITION 

FOR THE 

JOB GALVANJZII~G ETfl1.L COATlNG INDUSTRY 

As Appi·oved on May 17, 193-1 

ORDER 

APPROYING SrrPLEMEX'l'ARY ConE F FAIR Col\IPE.TITION FOn THE J OB 

G~\.LYA .... TIZINO JH"E:rAL C ATING L ·n TRY 

A DIVISI N OF THE FABRICATED l\IETAL PROD CT. ' 1\IANUFA TURING AN D 

METAL FINI HI "G AND METAL COATING INDUSTRY 

An application having been luly made pursuant to and jn full 

compliance with the provi i ns of Title I of the National Indu trial 

Recovery Act. approve l June 16, 1933, and in accordance with 

the provision · of Section 1 of Article VI of the Basic Code for 

the Fabri cated Metal Produ t · l\1annfacturing and M tal Fini hing 

and 1Ietal Coating Indu try, approved N ovembe1· 2, 1933, for approval of a Supplementary Code of Fair Competition for the Job 

Galvanizing l\·fetal Coating I ndu. try, and hearing having been duly 

held thereon: and the annexed r port on sail ':!upplementary Code, 

rontaining finding with re pect thereto, having been mach' and 

directed to the Pr id nt: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I Htwh S. John on, Administrator fo r Indu trial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

Pre iclent, including Executive Order No. 6543-A, dated Dacember 

30, 1933, and otherwise· do hereby incorporate by reference sail 

annexed report and do find that aid Supplementary Code complies 

in all respect · with the pertinent provisions and will promote the 

policy and purpo es of aid Title of said Act; and do hereby order 

that aid Supplementary Code of Fair Competition be and it is 

hereby approved; provided, however, that the provi ion of Article 

VII Paragraph (a) in afar as they prescribe a waiting period 

between the filing with the Code Authority (or such agency as may 

be de ignated in the Code) and the effective date of price li ts, as 

originally filed and/ or revi eel price li ts or revised terms and 

condition of sale, be and they hereby are tayed pending my further 

Order. 

Approval recommended: 

A. R. GLANCY , 

H uGH S. JoHNsoN, 

Ad1ninistrator for Indttstrial R ecovery. 

Division Administ1·at01'. 

WASlHNGTO ", D.C., 

lrf ay 17, 1934. 

59657°----544-93----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: Thi · is a report on the Supplementary Code of Fair Competition for the Job Galvanizing Metal Coating. Industry, a eli vision 

of the Fabricated :Metal Products Manufacturing and Metal Finishino· and Metal Coating Industry, the hearing having been conducted 

th~reon in 'Vashington, D.C., February 2, 1934, in accordance with 

the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATE:M:ENT 

The Job Galvanizing Metal Coating Industry, being truly representative -of this division of the Fabricated :Metal Products Manufacturing and Metal Finishing and Metal Coating In lustry, has 

elected to avail itself of the option of submitting a Supplementary 

Code of Fair Competition, as provided for in Section 1 of Article 

VI of the Basic Code, for the Fabricated J\1etal Products JYianufacturing and ~ietal Finishing and Metal Coating Industry approvBd 

by you on the ·econcl day of November, 1933. 

RESUl\1E O'E' THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific term employed 1n the 

Supplementary Code. Article III: This Industry i a division of the Fabricated :MBtal 

Products Manufacturing and Metal Finishing and ~1etal Coating 

In lustry and the labor provi ·ions of its Bctsic Code, a approved 

November 2, 1933, are the labor provision· of thi. Supplementary 

Code. 

Article IV establishes a Supplementary Code Authority consisting of seven (7) members to be elected by the members -of the Industry at a meeting called by the Temporary Supplementary Code 

Committee, and gives the Administrator the authority to appoint 

one additional member without vote and provides machinery for 

obtaining statistic and the admini tration of the Supplementary 

Code. 

Article V provides for an accounting system and methods of cost 

finding and/ or estimating. 

Article VI provide for determining the lowe, t reasonable costs 

of the product of this Indu -try . 

. Article VII provides for methods of setting up ancl revising price 

hst. 

Article VIII sets forth the unfair trade practices of this Supplementary Code which has been e pecially designed to offset unfair 

competition in this division of the Industry~ 

(2) 

' 
3 

Article IX provide again t monopolie and monopolistic practices. 

Article X contains the mandatory provi. ions "Ontainad in Sec- tion 10 (b) and al ·o provi les for the submission of propo ·eel amend- ments to the Supplementary Cole. 

Article XI recognize that price increa "'S be limit{' l to actual 

additional in rea es in the eller's costs. 

Article XII tate. the effecti-v e date and duration of thi · Supple- mentaq Code. 

FINDINGS 

The Deputy Admini trator 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 designed to promote the 

policie and purpo es 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 organiza- tion of industry for the purpose of cooperative action among the 

trade gToups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the 

fulle t po sible utilization of the pre ent productive capacity of indu tries, 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 classifi ed by me as a major industry. 

(c) The Supplementary Code as approved complies in all r espects 

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 group is an industrial group truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) 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 discru11inate against them. 

(f) 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, 

MAY 17, 1934. 

HuGHS. JoHNsoN, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE JOB GALVANIZING METAL COATING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

l\IETAL FINISHING AND 1\IETAL COATING INDUSTTIY 

ARTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supplementary Code of Fair Competition for the Job Galvanizing :Metal 

Coating Industry, pursuant to Article VI of the Basic Code of Fair 

Competition for· the Fabricated :Metal Products Manufacturing and 

Metal Fini hing and Metal Coatino· Industry approved by the President of the United States on the econd day of November, 1933, and 

the provisions of thi Supplementary Code shall be the standard of 

fair competition for the Job Galvanizing Metal Coating Industry 

and hall be bin ling upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Job Galvanizing Metal Coating Industry", hereafter 

referred to as the Industry, is defined to mean the manufacture for 

sale of Galvanizing, which is the art of hot-dip galvanizing of iron 

and steel and which con ists of placing a zinc coating on the base 

metal by passino· it through a bath of molten zinc at the proper temperature after the article has been placed in a suitable condition for 

coating by preliminary operation of cleaning and pickino·; it does 

not mean or include the selling of coated or galvanized products. 

The term "employee" as used herein inclucles anyone engaged in 

the In lustry in any capacity receiving compensation for his services, 

irrespective of the nature or method of payment of such 

com pen sa tion. 

The term "Employer" a u. eel herein includes anyone by whom 

any such employee is compensated or employed. 

The term "member of the Industry" as u eel herein includes but 

without limitation any individual, partnership, association, corporation or other form of enterpri e engaged in the Industry either 

as an employer or on his own or its own behalf. 

The terms "President", "Act", and "Administrator" as used 

herein shall mean respectively the President of the United States; 

Title I of the National Indu trial Recovery Act, and the 

Administrator for Industrial Recovery under Title I of said Act. 

The term ' Basic Code , as uc;:ecl herein, is defined to mean the 

Basic Code of Fair Competition for the Fabricated Metal Products 

Manufacturing and Metal Finishing and l\1etal Coating Industry, 

as approved by the President on the 2nd day of November, 1933. 

(4) 
5 

The term "Supplementary Code Authority,, a u ·ed herein means 

th a o·ency -n·hi h i to administer thi · Supplementary Code as 

hereinafter provided. 

The term "A . ociati n" as used herein, i define l to mean he 

National GalYanizer · As ociation or it ucce. sor. 

The term ': Supplem ntary Code Committee" is defined to mean 

the Executive Committee of the As ociation. 

The term ' Secretary " i defined to mean the Secretary of the 

Supplementary Code Authority. 

The term 'A enting member of the Inclu try " as used herein is .. defined to mean any me1nber of the industry who has assented to 

this Supplementary Code by signing and deliverino· to the Secretary 

a letter ubstantially in the form set forth in schedule "A." Nothing 

in such ·chedule "A" hould be construed to restrict the right of any 

member to expre · hi a lherence to, or participation in, the Code 

in any other appropriate manner. 

The term "Federation " as u eel herein is defined to mean the 

Fabricated 1\.fetal Product Federation or its uccessor. 

ARTICLE III-EMPLOYl\'IE T PROVISIONS 

This jndustry is a clivi ion of the Fabricated Metal Products 

:Manufacturing and lVIetal Finishing and Metal Coating Industry 

and without limitation the wage, hour and labor provisions in Article 

III of it Basic Code as approved by the President, November 

2, 1933, including Section I of said Article III, by which the provisions of subsections (1), (2) and (3) of Section 7 (a) of Title I 

of the Act are made conditions of this code, are pecifically incorporated herein and made a part hereof as the wage, hour and labor 

provisions of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AND ADMINISTRATION 

SEcTION 1. During the period not to exceed sixty ( 60) days following the effective date, the Supplementary Code Committee of the 

Industry shall constitute a temporary Supplementary Code Authority until the Supplementary Code Authority is elected. There shall 

be constituted within the sixty-day period a Supplementary Code 

Authority consisting of seven (7) 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 registered 

mail to all known members of the Industry, who may vote either in 

per on or by proxy. The members of the Supplementary Code 

Authority fir t elected shall serve until the following annual meeting 

of the A sociation, and thereafter, members of the Supplementary 

Code Authority shall be elected at the time of each annual meeting 

of the Association to serve until the follqwing annual meeting. The 

members of the Supplementary Code Authority shall be elected in 

the following manner : 

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

majority vote of all members of the Industry present, in person or 

by proxy, each member to have one vote. 
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(b) Two members who are not members of the As ociation to be 

selected and elected by a majority vote of the non-members of the 

A sociation, pre ·ent, in p 1·. on or by proxy, each member to have 

one vote. 

(c) Four members by fifty-one percent vote of members of the 

A ociation, present, in person or by proxy, weighted on the basis 

of one vote for each mem·ber and one additional vote for each five 

thou and dollar. ($5,000) of annual sales in the previous calendar 

year. reported to the temporary Supplementary Code Authority; 

prov1dPCl, however, that no one membC'r may cast more than 331J.3 

percent of total number of votes cast. ' 

A vacancy in the membership of the Supplementary Code Authority may be filled by a majority vote of the remaining members 

of the Supplementary Code Authority, such vote ~hall be on a basis 

so as to maintain the repre entfl tion as et forth, in Section 1, SubSections (a), (b) and (c ) of this Article. Provided, however, that 

the right to vote a set forth nbove shall be ubject to the recommendatiow· proYiclecl in S ction 4 of this Arti,.,le. 

In addition thereto the Administrator may appoint a member of 

the Supplementary Code Authority w-ho without Yote shall serve 

without expen. t.o the Industry, unless the Supplementary Code 

Authority agree to pay such expenses. Th representative who may 

be appointed by the Administrator .. hall be given reasonable notice 

of all me tings and may sit at all meetings of the Supplementary 

Code Authority. 

SECTION 2. Any Association directly or indirectly participating 

in the S·election or activities of the Supplementary Code Authority 

shall (1) impose no inequitable restrictions on membership, and (2) 

submit to the Admini tr·ator true copies of its Articles of Association, By-Laws, Reo·ulations and any amendments when made thereto, 

together with uch other information as to member ·hip, organization, 

and activities as the Administrator may deem nece ary to effectuate 

the pnrpoc;:e of the A t. 

SE TION 3. In order that the Supplementary Code Authority shall, 

at all times, be truly representative of the Industry and in other 

respect comply with the provisions of the Act, the Administrator 

may pre cribe such Hearings as he may rea · onably deem proper; and, 

thereafter, if he shall find that the Supplementary Code Authority 

i not truly representative or doe not in other respects comply with 

the pro-vi ion of the Act, may require· the removal of any or all of 

the member · thereof and may make appropriate modification or 

modification in the method of selection of the Supplementary Code 

Authority. . SEcTio:N 4. All members of the Industry are subject to the jurisdiction of the Supplementary Code; shall be entitled to participate 

in and share the benefits of the Supplementary Code; shall be entitled to vote in the selection of members of the Supplementary Code 

Authority a ·provided in sub-sections (a) and (b), Section 1 of this 

Article. 

SEcTION 5. It being found necessary, in order to support the administration of this Supplementary Code and to maintain the standards of fair competition established by this Supplementary Code and 
7 

to effectuate the policy of the Act, the Supplementary Code Authority i authorized, subject to the approval of the Administrator: 

· (a) To incur such rea onable obligations as are nece ary and 

proper for the foregoing pnrpo es and to meet uch obligations out 

o:f :fund which may be rai eel as hereinafter provided and which 

shall be held in tru t for the purposes of the Supplementary Code; 

(b) To- ubmit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

{1) an itemized budo·et of its estimated expen .a for the foreo·oing 

purpose , and (2) an equitable basis ti.pon which th fund nece ary 

to support such budget shall be contributed by meniber of the 

Indu try· . ' (c) After such budget an l ba i of contribution have been 

approYed by the Aclmini trator, to determine and ecure equitable 

contribution a ab ~ set forth by all . uch members of the Industry, 

and to that end if nece~ ary, to institute legal proceedings therefor 

in its ov.n name. 

(d) Failure by any member of the Industry to pay his qui table 

hare of the expenses for maintaining and aclmini terina this Supplementary Code shall be de med a violation of thi Supplementary 

Code. SECTIO~ G. Only members of the Indu try complying with the 

Supplementary Code and contributing to the expenses of it admini

tration a provided in Section 1 hereof shall be entitled to participate 

in the selection of the members of the Supplementary Code Authority or to recei'\ e the benefit of its Yoluntary activitie or to make u e 

of any emblem or insignia of the National Recovet·y Admini tration. 

'SECTION '7. Nothing contained in this Supplementary Code shall 

constitute the memb rs of the Supplementary Cod Authority part- ners for any purpose. Nor shall any m mber of the Supplementary 

Code Authority be liable in any manner to anyon . for any act of any 

other member, officer, agent or employee of the Supplementary Code 

Authority nor shall any membeT of the Supplementary Code Authority, exercising reasonable diligence · in the conduct of his dutjes 

heretmder, be liable to anyone for any action or omi sion to act 

under this Supplementary Code, except for his own wilful 

1nalfeasance or non-feasance. 

SECTION . The Supplementary Code Authority shall also from 

time to time furni h to the Basic Code Authority, d ignat~d in said 

Basic Code, such information as may be required to he furnished 

under terms of said Basic Code. 

SECTION 9. The Supplementary Code Authority shall have all the 

powers and duties which shall be nece ury and proper to enable 

it to fully administer thi Code and to effectuate it purpose. 

'\Vithout limitation to the foregoing or any other powers or duties 

provided for in this Supplementary Code, the Supplementary Code 

Authority shall have the following specific duties, subject to such 

rules nnd regulation as the Administrator may hereafter prescribe; 

(a) To adopt by-laws and rules and regulations for, and keep 

records of its procedure and for the administration of the Supple~ 

mentary Code. 
8 

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

and report. a.· are required for the administration o£ the Supplementary Cod . In addition to information required to be submitte·d 

to the Supplementary Code Authority, all or any of the per ons 

subject to thi. Supplementary Code hall furni h such tati tical 

information a the Administrator may deem necessary for the purpose recited in Section 3 (a) of the Act to such Federal· and State 

agencies as the Admini trator may designate. Provided that nothing in this Supplementary Code shall relieve any member of the 

Inlustry 9f any exi-ting obligation to furnish r eports to any 

government agency. 

To the extent permitted by the Act and pursuant to uch rules and 

regulations as the Administrator may prescribe any and all informabon furnished to the Supplementary Code Authority by any member of this Indu try pursuant to the provi ions of this Supplementary Code shall be subject to verification by an impartial agent 

appointed by the Supplementary Code Authority, and each member 

of the Industry shall furnish to such impartial agent o much of his 

pertinent books, account and records as may h 2 required to verify 

the accuracy of the information submitted. 

(c) To u e such trade associations 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 Supplementary 

Code Authority of its duties or responsibilities under this Supple- mentary Code and that such trade association and agencies shall 

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

(d) To make recommendations to the Administrator for the coordination of the admini tration of this Supplementary Code with 

such other codes, if any, as may be related to the Industry. 

(e) To secure from members of the Industry an equitable and proportionate payment of the reasonable expenses of maintaining the 

Supplementary Code Authority and its activities. 

(f) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the Industry who 

have as ented to, and arc complying with, this Supplementary Code. 

(g) To recommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. . SECTION 10. Pursuant to the provisions of the Act and subject to 

such rules and regulations as the Administrator may prescribe, the 

Supplementary Code Authority shall have the power to investigate 

all alleged complaints filed with it by one member of the Industry 

against another member. 

SECTION 11. If the Administrator believes that any action of the 

Supplementary Code Authority or any agency thereof is unfair or 

unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action. Further action by such 

Supplementary Code Authority or agency regarding the matter complained of may be taken if approved by the Administrator but shall 
9 

not be taken if di approved by the A lministrator within thirty days 

of notice to him of intention to proceed with u h action. 

SECTION 12. Every emplo} er hall provide for the afet and health 

of employees during the hour and at the place of their employment. 

Standards for afety and hBalth hall b sub1nittecl by the Supplementary Code Authority to th Administrator withi'n six months 

after the effective date of the Supplementary Code. 

SECTION 13. Each memb r of the Indu tr. ubject to thB juri diction of this Cole shall comply with all requirements of the Supplementary Code Authority made or taken pursuant to the provisions 

of thi Code and not incon i tent therewith. 

ARTI LE v -AccouNTI~G AND CosTING 

SECTION 1. With re pect to that portion of his product 11hich is 

within the Indu try, every member of the Inclu tr} hall u ·e an accountina y tem for det rmining hi allowable co t which conforms 

to the principles of and is at lea t a letailed and complete a the 

uniform method of accounting, and tho uniform_ metho l of co ting, 

to be formulated by tl1e Supplementary Cole Authorit} and approved by the Admini trator with su ·h Yariation therefrom a may 

be rBquired by the indiYidual condition· affecting any Inem_ber of 

the Indu try ubjec'- to the reYiew an l approYal by the Supplementary Cod Authority. 

SEcTio~ ~. \Yhen the UI plementary Cocle Authority det rmines 

that an em ro·eney e_·i ts in this Indu. tr} and that the cau e thereof 

is destructive price utting uch a to render ineffective or eriou ly 

endanger the maintenance of the pro vi ion. · f this Supr lementary 

Code, the Supplementary Cod Authority ma} cau e to b clete.rmined the lo-we t reasonable co t of the product· of thi · in lu try, 

such determination to b ubject to ·uch :1otice and hearing a the 

Admini trator may require. The A ln~ini. trator ma} approYe, 

disapprove, or m clify the dntermination. Ther aft r. durino· the 

period of the emergency, it . hall b an unfair trade practice for any 

member of th In lu try to sell or offer to ell any pro luct of the 

Industry for which the lowest rea onabl cost has been determined at 

such prrces or upon ·u ·h terms r nditions f ale that the buyer 

will pay le therefor than the lo11e .t rea onable co t of uch product·. 

vVhen it appear ~ that condition have hanged, the Supplementary 

Code Authority, upon its own initiabve or upon the reque t of any 

interested party, shall cause the determination to bo reviewed. 

ARTICLE VI-SELLING BELOW CosT 

No member of thB Indu try hall s ll or exchange any product 

of the Indu try, manufactured by him at a price or upon term and 

condition , which will re ult in the purchaser paying for the goods 

received le s than the allowable co t thereof to the seller determined in accordance with a uniform method of co tino· above described; provided, however, that dropped line , or econds or 

inventories which must be converted into cash to meet emergency 

need · may be disposed of by any member of the Industry at any 
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price and on any term. and con litions, but only if uch member of 

the I ndu try not le s than two week before such di ·posal, ha.J filed 

with the Supplementary Cod·2 Authority, a statement in writing, 

ettino· forth the fact of a.ncl rea ons for, such proposed eli po"al; 

and pr vided further, that the Supplementary Code Authority, upon 

application to it hall immediately gr ant permi . ion to any member 

of the I ndustry to ._ell below his co ts in order that he may meet 

competitive price filed in accordance with the provisions of Article 

VII of this Supplementary Co le, or to me-et competition from products of equivalent de ·ign, character. quality. or specification, manufactured outside the United States. 

ARTICLE VII-PRICE LISTS 

(a) If the Supplementary Code Authority determines that it has 

been the generally recognized practice in the Industry, or in any 

branch or subdivision thereof, to ell certain products on thE? basis 

of net pri e lists, or price lists and discount sheets, each member 

of the Industry manufacturing and selling such products shall, 

within ten (10) days after notice of such determination, file with 

the Supplementary Code Authority a net price list, or price list 

and discount heet, in uch form and for such products as the Supplementary Code Authority may prescribe, and the Supplementary 

Code Authority shall immediately send copies thereof to all ·known 

manufacturers of such products whose name can be ascertained by 

diligent search and such lists shall be available to all interested 

parties. Revised price li ts andj or discount sheets and/ or all other 

conditions of sale may be filed from time to time thereafter with 

·the Supplementary Code Authority through its Secretary by any 

member of the Industry, but such revised price lists andj or discount 

sheets and/ or all other conditions of sale shall be filed with the 

Supplementary Code Authority through its Secretary and shall become effective ten (10) business days after actual receipt by the 

Secretary. Copies of such revis2d lists and/ or discount sheets 

and/ or all other conditions of sale, with notice of the effective date 

thereof, shall be immediately sent to all Inembers of the Industry, 

and shall be available to all interested parties; and any member of 

the Industry may file, if he so desires, revisions of his price list 

and/ or discount sheets andj or conditions of sale, which shall become 

effective at the date when the revi eel list first filed becomes effective, 

provided that he shall not establish prices lowe.r, nor eli counts 

greater, nor conditions of sale more favorable than those contained 

in the revised list first filed. 1 

(b) Any or all information furnished to the Supplementary Code 

Authority by any corporate member of this Industry shall be, to the 

extent permitted by the Act, subject to checking by an impartial 

agent, for the purpose of verification by an examination of the pe:-

tinent books, a<::counts and records of such corporate member of this 

Industry. 

Each membe.r of the Industry shall furnish the Supplementary 

Code Authority for distribution with such member of copies of h1s 

1 See paragraph 2 of order approving this Code. 
11 

price li ts and/or discount h et · a th Supplementary Code Authority may pre cribe. 

(c) No member of the Indu try hall sell, dire tly or indirectly, 

by any mean whatsoever any product of the In lu try covered by 

provi ions of thi Article VII at a pri e or at di count , or on condition of ale more favorable than tho e provided in hi O"\\'n current 

net price li ts, or price list and discount ·heets. 

ARTrcLE VIII-u ~FAIR Tn.anE PnAcTrcEs 

In addition to th unfair trad.o practices covered by Article V 

( excer ting Section A) of th-e Ba ·ic Co le for all pnrpo e of the 

Supplementary Code the following described act · ·hall con titute 

unfair practices; provided, however, \\hen any unfair trade practice 

of this Sur plementary Code conflict "ith any unfair trade practice 

of the Ba ic Code such conflicting unfair trade practices of this 

Sur plementary Code shall . upersecle tho e of the Ba ic Code. Any 

me1nber of the Inclu try who hall directly or indirectly. through 

any officer, cmplo} ee, agent or rer re entative use or employ any of 

uch unfair practice hall be guilty of a violation f thi Supplementary Code. 

RULE 1. lnaccw·at Adverti'ing.-No member of the Indu try 

shall publi h adverti ing (whether printed, radio, li play or of any 

other nature), \lhich is mi leading or fal e in any material particular~ 

nor shall any member in any way mi represent any g od (including but without limitation its u e) trade-mark, grade quality, quantity origin, ize, . ·ub. tan e, character. nature, finish, material, content 

or preparation, r credit tern'l , value. , policies, ervices, or the 

nature or form of the bu ine s conducted. 

RuLE 2. False Billing.-No mem_ber of the Industry hall knowingly withhold from or in ert in any quotation or in' oice any state- ment that make it inaccurate in any material particular. 

R LE 3. Inacc'wTate Labeling.-N o member of the Industry shall 

brand or mark or pack any good in any manner which is intended 

to or does deceiYe or mi lead purcha ers with re pect to the brand, 

grade, quality quantity, origin, ize, sub tance, character, nature, 

finish, material content or prep~ration of such goods. 

RULE 4. Inaccurate References to 001npetitors.-No member of 

the Industry hall by advertising or any other Ineans refer inaccurately in any material particular to any competitors or their goods, 

prices, value , credit term policies or ervices. 

RuLE 5. Thr ats of La1.o S1.dts.-No nrember of the Indu try shall 

publish or cir~..,ulate unju tified or unwarranted threats of legal proceedino· which tend to or have the effect of haras ing competitors 

or intimidating their cu tomers. Failure to prosecute in due course 

shall be evidence that any .:uch threat is unwarranted or unjustified. 

RuLE 6. Sec'ret R ebates.-For the purp-ose of influencing a, sale, 

no member of the Indu try hall offer to 111-ake any payment or 

allowance of a secret rebate, refund, commission, credit, unearn~d 

discount or exce s allowance, whether in th·e form of money or otherwise, nor shall a member of the I ndustry offer or extend to any customer any pecial service or privilege not extended to all customers 

of the same cla s. 
12 

R uLE 7. B1·iblng E11~ploy es.-N o member of the Indu try shall 

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

for the purpose of influencing or rewarding the action of any employee, n.gent or re} resentative of another in relation to the hLLin s 

. of the employer of such employee, the principal of ·uch agent or the 

r epre entecl party, without the knowledge of such employer, principal or party. This provision shall not be con tn1Cd to prohibit 

free and general l ~trib tion of articles commonly u eel for advertising except. o f ar as Fuch articles arc actually tL.:e 1 for commercial 

bl·ibery as hereinaboYe defined. 

R~iE 8. l nte?"fe7'ence 1.1Yith Anothe1·'s Oordracts.-Enticement of 

employees of competitors with the pur pose and effect of interfering 

with their bu inc ~s i an unfair trade practice. It is recommended 

that manufacturers deal frankly and openly in instances where empi ·yees eek to change from the service o:f one employer to another 

or where the employer wishes to negotiate for the services of another 

manufacturer' employee. 

RULE 9. Coercion.-No member of the Industry shall require that 

the purcha e or lease of any goods be a pre-requisite to the purchase 

or lea e of any other goods. 

R LE 10. ; u.bstit~tiion.-N o member of the Industry shall furni h 

article which are more or le s expensive, or of better or inferior quality, or of larger or smaller size than specified without making the 

proper adjustment in the quoted price and clearly indicating the 

nature of the ub titution. 

R-cLE 11. ~tmp Sum Bids and OontTacts.-No member of the 

Industry hall ,_ubmit a bid or bids for two or more commodities, 

one of w'hich i Galvanizing in which the unit price of each commodity is not clearly stated. No member of the Industry shall accept 

orders or contract · for sale at a lump sum where the contract does 

not specify the exact quantity, quality and unit price of the product 

purcha ed. 

RuLE 12. No member of the Industry shall make a false statement 

or record which tends to mislead or deceive the Supplementary Code 

Authority and/ or Secretary concerning any transaction governed by 

any Article or ~ecti on of this Supplementary Code . . ARTICLE IX-MONOPOLIES 

No provisiOn of this Supplementary Code shall be applied as to 

permit monopolies or monopolistic practices, or to eliminate, oppress 

or discriminate against small enterprises. 

ARTI I.E X-MODIFICATIONS 

SECTION 1. This Supplementary Code and all the provisions 

thereof are expressly made subject to the right of the President, in 

accordance with .provisions of subsection (b) of Section 10 of the 

Act , from time to time to cancel or modify any order, approval, 

license, rule or regulation issued under said Act. 

SECTION 2. This Supplementary Code, except as to provisions required by the Act, may be Jnodified or amended on the basis of 
13 

experience or chanaes in circum tance uch moclificati n · or amen 1-

m_ent to b ba ed up n application by the Supplementary Code 

Authorit or other repre ntativ group within thi Indu try to the 

A lmini trator and uch Notice and Hearing as he hall . pecify and 

to become effectiv an l be a part of H1i · Sur plementary Code on 

approval by the Admini trator . 

l.RTI LE XI-Prn E lNCREA:Es 

\Vhereas the policy of the A t to increa e real purcha. ing power 

will be made mor lifficult of con ·ummation if prices of good and 

ervice increase a ra pi ell a · waaes, it is recognized that pri e 

jncrease · exc pt ·uch a may be required to meet individual co ts 

shoull he delayed, but \\hen male, such increase ·hould o far as 

po ibl , be limited to actua l additional increa e~ in the sellers costs. 

~_._RTF'LE XII-EFFECTIVE DATE AND D RATION 

This Supplementary Cod hall become effective at 12: 01 o'clock 

A.M. on the tenth clay after it is ar prove l by the Pre i lent and/ or 

the Admini trator and shall continue in effect until June 16, 1935, 

or the earliest day prior thereto on which th Pre ident shall, by 

proclamation; or the Congre s shall by joint re olution declare that 

t he emergency recognized by Section 1 of the National Industrial 

Recovery Act, ha ended. 

Approved 'e el No. -!-Supplemen t Ko. 28. 

R gistry No. 1135- 21. 
UNIV ER SITY OF FLO RIDA 

lllllllllll lll lllllllllllll llllll lllllllllllllllllllllllllllllll 

3 1262 08856 1401 

(1 ) ' Sec:reta ru J v b Gal1; an izers Association. 

DEAR S IR: The unde r.::igned desiring to participate under the Supplementary 

Cede of F a ir Competition fo r the J ob Galvanizing Metal Coating Industry 

hereby a:·seuts to ail th provisions of said Supplementary Code, and to such 

ell < nges in the same as may lJ e made by the Supplementary Code Committee 

in crder t o meet the requ ir ements of the National Recovery Administration. 

ID ffecti\·e on the date 0:1 which the Supplementary Code is appro1ed by the 

President of the United States and/ or the Administrator for Industrial Recovery, m1<.ler Title I <. f the I ntional Indu tri al Recovery Act, as therein provided, 

or as of th ela te on which thi letter is delivered, if delivery is made after such 

date of am roYnl by the President and/ or the Administrator, the undersigned 

by the sig;ning a nd deliYering of this letter becomes a participant under the 

Supplementary Code of the Job Galvanizing Metal Coating Industry and hereby ngr es \vith c'·er:y i!Jdividual, partnership, association, corporation, or other 

form of enterprise who shall then be or thereafter become a participant under 

saiLl Supplem ntary Code th ·t t said Supplementary Code shall constitute a valid 

and binclin o· contract betwe n the undersigned and all such ether participants. 

F or all pmposcs of the Supplementary Code, the add ress of .the undersigned, until n'ritten notifica tion of change shall be filed with the Supplementary Code 

Auth ari ty, .:: ball be as set fo rth at the foot of this letter. 

Very truly yours, 

Name of Official (Title). 

(14) 

0