Approved Code No. 347-Supplement No. 26 _ Registry No. 1316-03 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENT ARY 

C·ODE OF FAIR COMPETITION 

FOR THE 

CASTER AND FLOOR TRUCK 

MANUFACTURING INDUSTRY 

(A Division of the Machinery and Allied Products Industry) 

AS APPROVED ON JULY 7, 1934 

, 

WE DO OUR PART 

UNIV. OF FL u:,;,._ . 

• ' DOCU JT_S DEPT. • C 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - Price 5 cents 

V 
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. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, l\lass. : 1801 Customhouse. 

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

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

Chica;o, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First 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 Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orl eans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Buildiug. 

Pittsburgh, P a.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Cu tomhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 347-Supplement No. 26 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

CASTER AND FLOOR TRUCK MANUFACTURING 

INDUSTRY 

As Approved on July 7, 1934 

ORDER 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CASTER AND 

FLOOR TRUCK MANUFACTURING INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS 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, for approval of a Supplemental Code of Fair Competition for the Caster and Floor Truck 

Manufacturing Subdivision of Machinery and Allied Products 

Industry, and hearings having 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 of 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 to the following condition: that the provisions of 

Article VIII, Section (a), insofar as they prescribe a waiting period 

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

be designated in the Supplemental Code) and the effective date of 

price lists, as originally filed and/ or revised price lists or revised 

terms and conditions of sale, be and they are hereby stayed pending 

my further order. ' 

HUGH s. JOHNSON, 

Administrator for I ndustrial R ecovery. 

Approval recommended : 

BARTON w. MURRAY, 

Division Administrator . 

. w ASHINGT0N, D.C., 

July 7, 1934. 

72433°--829-32--:-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on the Supplemental Code of Fair Competition for the Caster and Floor Truck :Manufacturing Subdivision 

of Machinery and Allied Products Industry, a Public Hearing on 

which was held in "\V ashington, D.C., on December 21, 1933. The 

H earing was conducted in full accordance with the provisions of 

Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Caster and Floor Truck Manufacturing Subdivision, being 

truly representative of the manufacturers of the products defined 

in Article II of the Supplemental Code, has elected to formulate and 

submit a Supplemental Code of Fair Competition as provided in 

Article I of the Code of Fair Competition for the Machinery and 

Allied Products Industry, approved by you on the seventeenth day 

of March, 1934. . 

The Caster and Floor Truck 1\1:anufacturing Subdivision means 

the manufacture for sale of casters of all descriptions, including 

furniture, metal bed, washing machine, hospital, truck casters, and 

miscellaneous casters, and floor protective devices, comm.only called 

glides, slides and rests; hand propelled floor trucks of all descriptions, trailers ( other than highway trailers), barrel skids and parts 

of all the foregoing products, and all articles and devices kindred 

or incident to the caster and/ or floor truck business, and includes all 

those engaged in such manufacture for sale. 

ECONOMIC EFFECT 

This Subdivision has been severely affected by the recent depression. This is evidenced by the steady decline in annual sales since 

1929. Volume declined from $12,400,000 in 1929 to $4,300,000 in 

1932, or 65 %. Sales for the first six months of 1933, however, were 

estimated at $3,100,000. 

Estimates of approximate employment indicate that the number 

of factory workers in 1929, 2',206, declined to 1,097 in 1932, or 50%. 

In November, 1933, employment had sufficiently improved to bring 

the number up to 1,619. 

Estimated average man-hours per week declined from 111,624 in 

June, 1929, to 46,451, or 58% , in June, 1933, and thereafter increased 

to 59,579 in November, 1933, or 28 %. Average weekly wages paid to factory employees amounted to 

$23.39 in June, 1929, and decreased to $14.55 in June, 1933, and to 

$14.31 in November, 1933, a decline of 39% from June, 1929. 

The wage provisions for the Subdivision, which is operating under 

the Code of the :Machinery and Allied Products Industry, provide 

(2) 
3 

that employees engaged in plant operations shall be paid as follows: 

(1) in cities of more than 50,000 population and their immediate 

vicinity, 40 cents per hour; (2) in cities of more than 10,000 but 

not more than 50,000 population and their immediate vicinity, which 

cities are not in the immediate vicinity 0£ a city of more than 50,000 

population, 38 cents per hour; ( 3) in cities of 10,000 population or 

less and their immediate vicinity, which cities are not in the immediate vicinity of a city of more than 10,000 population, 36 cents per 

hour, except that employees engaged in plant operations in all localities in the states 0£ Virginia North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, 

Texas, and Oklahoma, shall be paid not less than 32 cents per hour. 

,Vhen females do substantially the same work as males or replace 

males, they shall receive the same pay. However, no female employee shall be paid less than 871⁄2 % of the proper r ate for the 

locality in which employed. 

Office boys and girls and apprentices shall be paid not less than 

80% of the minimum wage. 

Employees other than those engaged in plant operations shall receive not less than $15.00 per week. 

This Supplemental Code provides that no person under sixteen 

years of age shall be employed in this Subdivision. 

RESUME OF SUPPLEMENTAL CODE 

Article I states the purpose of the Supplemental Code. 

Article II accurately defines specific terms applicable to the Subdivision as used in this Supplemental Code. 

Article III provides for the adoption of the employment provisions of the Code of Fair Competition for the Machinery and Allied 

Products Industry as approved by you on the seventeenth day of 

March, 1934, and as from time to time amended. 

Article IV provides £or the adoption of Articles II, VI, VIII, and 

IX of the Code of Fair Competition for the Machinery and Allied 

Products Industry jn accordance with the conditions of this Article 

governing their adoption. 

Article V provides for the establishment of the Code Authority 

and defines its powers and duties. 

Article VI provides for an accounting system and methods of 

cost finding and/ or estimating. 

Article VII provides that no products shall be sold or exchanged 

below a reasonable cost when the Code Authority determines that 

an emergency exists. 

Article VIII provjdes £or methods of setting up, revising, and 

filing price lists and discount sheets and terms of sale and payment. 

Article IX sets forth trade practices for the Subdivision. 

Article X establishes that no provision of this Supplemental Code 

relating to pricing and marketing shall apply to export trade. 

Article XI. This Supplemental Code and all the provisions 

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

accordance with 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. Provision is also made that modifications may be submitted by the Code Authorj.ty. 
4 

Article XII provides means :for withdrawal o:f this Subdivision 

from the Basic Code and its continuance as an autonomous Code. 

Article XIII establishes that no l?rovision of this Supplemental 

Code shall be so applied as to permit monopolies and monopolistic 

practices or to elimin.ate, oppress, or discriminate against small 

enterprises. Article XIV states the effective date of this Supplemental Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Supplemental Code having found as herein set forth and on the 

basis of all the proceedings in this n1atter: 

I find that: 

( a) 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 com- merce which tend to diminish the amount thereof and will provide for 

the general welfare by promoting the organization of industry for 

the purpose o:f cooperative action among the trade groups, by inducing and maintaining united action of labor and management under 

adequate governmental sanctions and supervi ion, by eliminating 

unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding 

undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural 

products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by 

otherwise rehabilitating industry. 

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

( c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Sectio~ 3, Subsection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof; and that the applicant group 

is an industrial association truly repre entative of the aforesaid Subdivision; and that said association imposes no inequitable restrictions 

on admission to membership therein. 

( d) The Codes is not designed to and will not permit monopolies 

or monopolistic practices. 

( e) The Code is not designed to and will not eliminate or oppr ess 

small enterprises and will not operate to discriminate 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 

Supplemental Code. For these reasons, therefore, I have approved this Supplemental 

Code, provided that certain provisions relating to price publication 

are stayed. 

Respectfully, 

JULY 7, 1934. 

HUGH s. JOHNSON, 

Aruministrator. 
SUPPLEMENTARY CODE OF. FAIR COMPETITION 

FOR CASTER AND FLOOR TRUCK MANUFACTURING 

INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

ARTICLE I-PuRPOSES 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Supplemental Code for the Caster and Floor Truck Manufacturing 

Subdivision of the Machinery and Allied Products Industry, 

and together with the Code of Fair Competition for Machinery 

and Allied Products Industry shall be the standard of fair competition for this Subdivision, and shall be binding on each employer 

therein. 

ARTICLE II-DEFINITIONS 

"Applicant" means the Caster and Floor Truck Manufacturers 

Association, a trade organization, all members of which are cmgaged in the manufac~ure for sale of the products of the Caster 

and Floor Truck Manufacturing Subdivision of the Machinery and 

Allied Products Industry. 

"Industry" means the Machinery and Allied Products Industry, 

as defined in its Code of Fair Competition as approved by the President, and as such definition may from time to time be amended. 

" Subdivision" means the Caster and Floor Truck Manufacturing 

Subdivision of the Machinery and Allied Products Industry as defined and set forth in Paragraph 4 of Article II of the Code of Fair 

Competition for the Machinery and Allied Products Industry as 

follows: 

"Caster and Floor Truck Manufacturing Subdivision means the 

manufacture for sale of casters of all descriptions, including furniture, metal bed, washing machine, hospital, truck casters and miscellaneous casters, and floor protective devices, commonly called glides, 

slides and rests; hand-propelled floor trucks of all descriptions, 

trailers ( other than highway trailers), barrel skids and parts of all 

the foregoing products, and all articles and devices kindred or incident to the caster and/ or floor truck business, and includes all those 

engaged in such manufacture for sale." 

"Code" means the Code of Fair Competition for the Machinery 

and Allied Products Industry, as approved by the President, and as 

from time to time amended. 

"Person" means a natural person, a partnership, a corporation, 

an association, a trust, a trustee, a trustee in bankruptcy, a receiver 

or other entity. 

(5) 
6 

"Emplo3 er" means any person eno-aged in this Subdivision either 

on his own behalf or as an employer of labor. 

" The Act " means Title I of the J ational Indu trial Recovery 

Act. 

"The Pre ident" means tp.e President of the United State . " The Administrator " means the A lministrator for Industrial 

Recover.). 

"Basic Code Authority" means the Code Authority for the ~Iachinery and Allied Product Indu try as constituted by the Code. 

" Cod Authority means the Code Authority con tituted for this 

Subdivision as provided by the Code and by thi Supplemental Code. 

"Group Code Authority" means the Code Authority for any 

group or product classification within thi SubdiYision. 

"Publish "means to make available to the public. 

ARTICLE III-E:\1PLOY::\IENT PR YT IONS 

The :following rticles o:f the Code, viz: rticle III "1'7 or king 

Hours · Article I\ , ' ,, ao-es ; and Article\ "General Labor Provi ions ", are her by ma le a part of this Supplemental ode, with the 

same effect a if they were written into thi upplemental ode. 

ARTICLE T"\ -AD PTIOX OF OTHER PROYISI N F ODE 

The following Articles of the Code, iz : Article II ' Definition "; 

Article VI, 'Aclmini tration ' · to the exfont that they hall be applicable to thi upplemental Code a uch or a it may hereafter be 

aclmini ter cl a an autonomou. code· and Article \ III, "n.fodification and Termination '; are hereby adopted and made a part of 

this upplemental Code, with the ame eff t a if they were written 

into thi upplemental Code. 

ARTI LE \ -AD~ IL -is TRA TION 

(a) A Code Authority for thi Subdivi ion is hereby con tituted 

to administer, upen·i e and facilitate the enforcemen of the Code 

and o:f thi Supplemental Code in the manner and to the extent 

provided in the Code and in this Supplemental Code. 

(b) During a period not to exceed ixty ( 60) day following the 

effective elate and pending the election of the permanent Code Authority, the board of director of the pplicant hall con titute a 

temporary Code Authority. 

( c) This Subdivision ha Ying held an election for permanent Code 

Authority under the provision of the ode of Fair Competition for 

the l\Iachinery and Allied Product Inclu tr3, the Code Authority o 

elected hall con titute the fir t permanent Code Authority for this 

Subdivi ion if thi election meet with the appr°'·al of the Administrator. If thi election doe not meet with the approval o:f the 

Administrator then the provisions hereinbelow provided shall apply 

for the election of the fir t permanent Code Authority. For election after the first the provi ions of thi Code for election of a 

permanent Code Authorit3 shall ap1 ly. 

(cl) The Applicant hall, by written notice mailed (registered) 

to all employers known to the Applicant, call a meeting of em-
7 

ployers to be held within sixty (60) days after the effective date for 

the purpose of adopting procedural rules and regulations for the election, organization and operation of the permanent Code Authority 

and electing a permanent Code Authority which shall consist of nine 

members. The Administrator may, in his discretion, appoint one 

additional member ( without vote and without expense to the Subdivision). The permanent Code Authority so elected and appointed 

shall succeed the temporary Code Authority. 

( e) Any employer shall be entitled to vote at the election of the 

permanent Code Authority and at other meetings of employers and 

share in the benefits of the activities of Code Authority and participate in any endeavors of Code Authority in the preparation of any 

amendments or revisions of, or additions or supplements to this Supplemental Code by paying or agreeing to pay, as and when a sessecl, 

his proper pro rata share of the reasonable cost of administering this 

Supplemental Code as determined by Code Authority. The assessments shall be pro rata on the basis of employer' total sales averaged 

over the two preceding years and the total sales of the Subdivision 

averaged over those same two years, or on any other equitable basis. 

(f) Action by employers in ·any Subdivision meeting for the election of Code Authority shall be by vote of the employers entitled 

to vote as provided in Section ( e) of this Article V, each such employer to have one vote only. Action by employers in any Subdivision meeting for the adoption of procedural rules, revisions or 

additions to this Supplemental Code, or the transaction of other 

business of the Subdivision under this Supplemental Code, shall be 

by vote of the employers in the Subdivision who are entitled to vote 

thereat as provided in Section ( e), Article V of the Supplemental 

Code and are present in person or by proxy duly executed and filed 

with Code Authority; cast and computed in the manner provided in 

Section ( d), Article VI of the Code. All questions as to the number 

of votes which each employer shall be entitled to cast at any meeting 

of employers other than the meeting held to vote for the election of 

the permanent Code Authority shall' be determined by Code Authority in accordance with Section (cl) Article VI of the Code. 

(g) In order that the Code Authority shall at all times be truly 

representative of the Subdivision and in other respects comply with 

the provisions of the Act, the Administrator may pre cribe such 

hearings as he may deem proper; and thereafter if he shall find that 

the Code Authority is not truly representative or does not in other 

respects comply with the provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

(h) Employers in this Subdivision having a common interest and 

common problems may be grouped by Code Authority for administrative purposes. There shall be a Group Code Authority approved 

or appointed by Code Authority for each such group. 

(i) If formal complaint is made to Code Authority that provisions of this Supplemental Code have been violated by any employer, 

Code Authority or the proper Group Code Authority may to the 

extent permitted by the Act, cause such investigation or audit to be 

made as may be deemed necessary. If such investigation is made by 
8 

Group Code Authority it shall report the result of such investigation 

or audit to Code Authority for action. 

(j) The Code Authority may appoint a Trade Practice Commit- tee which shall meet with the Trade Practice Committees appointed 

under such other Codes as may be related to the Subdivision for the 

purpose of formulating fair trade practices to govern the relationships between production 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 amendments 

to this Supplemental Code and such other codes. 

ARTICLE VI-AccouNTING AND CosTING 

The Code Authority shall cause to be formulated an accounting 

system and methods of cost finding and/or estimating capable of use 

by all employers of the Subdivision. After such system and 

methods have been formulated, full details concerning them shall 

be made available to all employers. Thereafter all employers shall 

determine and/ or estimate costs in accordance with the principles of 

such methods. 

AnTICLE VII-SELLIN o BELOW RusoN ABLE CosT 

SECTION 1. ,vhen the Code Authority determines that an emergency exists in this Sub livision and that the cause thereof is destructive price-cutting such as to render ine:ff ctive or seriously 

endanger the maintenance of the provisions of this Supplemental 

Code the Code Authority may cau e to be deternuned the lowest 

reasonable co t of the product of thi Subdivision, such determination to be subject to such notice and hearing as the Admini trator 

may require. The Admini trator may approve, disapprove, or 

modify the determination. Thereafter, during the period of the 

emergency, it hall be an unfair trade practice for any employer of 

t.he Subdivision to sell or offer to ell any products of the Subdivision for which the lowest reasonable cost has been determined at 

such prices or upon such terms or conditions of sale that the buyer 

will pay less therefor than the lowest reasonable cost of such 

products. 

"\Vhen it appear that conditions have changed, the Code Authority, upon it own initiatiYe or upon the request of any interested 

party, shall cau e the determination to be reviewed. 

SECTION 2. The foregoing Section 1 shall not apply to (a) dropped 

Jines, or (b) seconds, or (c) inventories which mu t be converted 

into cash to meet emergency needs, all of which may be disposed 

of by any employer at any price and on any terms or conditions, 

but only if such employer, not less than two weeks before such proposed disposal, has filed with Code Authority a statement in writ- ing etting forth the facts of, and reasons for, such proposed disposal and the price and terms and conditions of sale, and Code 

Authority has not, ( with the approval of the Administrator), before the termination of such two week period, in writing, disaEproved the proposed disposal. Notice of such disposal, if not disapproved, shall be sent immediately to all employers manufacturing 
9 

products of equivalent design, character, quality or specifications, 

who may sell (a) dropped lines, or (b) seconds, or ( c) inventories 

which must be converted into cash to meet emergency needs, at 

prices and on term.s and conditions as favorable as those stipulated 

in the proposed disposal. 

SECTION 3. The foregoing Section 1 shall not apply to a sale made 

in order to meet competition on products manufactured outside the 

United States. For such disposal, any employer may sell, at prices 

and on terms and conditions as favorable as those of the competing 

foreign product, but only if he has first reported to the Code Authority his intention so to sell, and the facts as to the competition which 

justifies such action. 

ARTICLE VIII-PRICE LISTS 

(a) If and when Code Authority determines that in any group of 

the Subdivision it has been the generally recognized practice to sell 

a specified product on the basis of net price lists, or price lists with 

discount sheets, and fixed terms of sale and payment, each employer 

engaged in the manufacture of such product shall, within ten (10)' 

days after notice of such detennination, file with Code Authority 

a net price list, or a price list with discount sheet, as the case may be, 

individually prepared by him, showing his current prices, or prices 

and discounts, and terms of sale and payment for such specified product, and Code Authority shall immediately publish and send copies 

thereof to all known employers who are cooperating under this Supplemental Code as described in Article V ( d) and engaged in the 

manufacture of such specified products. 

Revised price lists and/or discount sheets and/or terms of sale and 

payment may be filed from time to time thereafter with the Code 

Authority by any such employer, to become operative upon the date 

specified therein, but such revised price lists and/or discount sheets 

and/or terms of sale and payment shall be filed with a Code Authority ten (10) days in advance of the operative date. The Code 

Authority or the Group Code Authority may establish a shorter 

period at any time provided no revisions waiting operative date shall 

be affected thereby. Copies thereof, with notice of the operative 

date specified, shall be immediately published and sent to all employers cooperating under this Supplemental Code as described in 

Article V ( d), any of whom may file, if he so desires, revisions of his 

price lists and/or discount sheets and/ or terms of sale and payment, 

which shall become effective upon the date when the revised price 

list and/or discount sheet and/or terms of sale and payment first filed 

shall go into effect.1 

(b) If and when Code Authority shall determine that in any group 

of the Subdivision not now selling its product on the basis of price 

lists, with or without discount sheets, with fixed terms of sale and 

payment, the distribution or marketing conditions in the gToup are 

the same as, or similar to, the distribution or marketing condition$ 

in a group where the use of price lists, with or without discount 

sheets and fixed terms of sale and payment is well recognized, and 

1 See paragraph 2 of order approving this Code. 
10 

that a system of selling on net price lists or price lists and discount 

sheets with fixed terms of sale and payment for such specified product should be put into effect in such group, then each employer in 

such group shall within twenty (20) days after notice of such determination, file with Code Authority net price lists or price lists and 

discount sheets, with fixed terms of sale and payment, showing his 

prices and discounts and terms of sale and payment, and such price 

lists and/ or discount sheets and/ or terms of sale and payment may 

be thereafter revised in the manner hereinbef ore provided. Provided that Code Authority shall make no determination to place any 

product of the Subdivision (not now on a price list basis) on a price 

list basis, as provided in this Section unless affirmative consent to 

such determination is given by a 66% % vote of employers who are 

at that time cooperating under this Supplemental Code as described 

in Article V ( e), and are engaged in manufacturing such product. 

The eligibility requirements, methods, and effect of such voting shall 

be the same as is provided by Article V. 

( c) No employer shall sell directly or indirectly by any means 

whatsoever, any product of the Subdivision covered by provisions of 

this Article VIII at a price or at discounts or on terms of sale and 

payment, different from those provided in his own current net price 

lists, or price lists and discount sheets, and terms of sale and payment, except as provided in Article VII, Sections 2 and 3. 

ARTICLE IX-TRADE PRACTICES 

1. No employer shall indulge in destructive price cutting. 

2. No employer shall secretly, directly or indirectly, offer to make 

any payment or allowance of a rebate, refund, commis ion, credit, 

unearned discount, or excess allowance, whether in the form of money 

or otherwise, nor shall an employer secretly offer or extend to any 

customer any special service or privilege not extended to all 

customers of the same cla s, for the purpose of influencing a sale. 

3. No employer shall publi h advertising ( whether printed, radio, 

display or of any other nature), which is misleading or inaccurate, in 

any material particular, nor shall any employer in any way misrepresent any goods (including, but without limitation, its use, trade mark, 

grade, quality, quantity, origin, size, substance, character, nature, 

finish, material, content, or preparation) or credit terms, values, 

policies, services, or the nature or form of the business conducted. 

4. No employer shall publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect 

of harassing competitors or intimidating their customers. 

5. No employer shall give, permit to be given, or directly offer 

to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent or representative of another 

in relation to the business of the employer of such employee, the 

principal of such agent or the represented party, without the knowledge of such employer, principal or party. This provision shall not 

be construed to prohibit free and general distribution of articles 

commonly used for advertising except so far as such articles are 

actually used for commercial bribery as hereinabove defined. 
11 

ARTICLE X-EXPORT TRADE 

No provision of this Code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade or sales or shipments for export trade. " Export Trade " shall be as defined in the 

Export Trade Act adopted April 10, 1918. 

ARTICLE XI-MODIFICATIONS 

(a) As provided by Section 10 (b) of the Act, the President may 

from time to time cancel or rn.odify any order, approval, license, 

rule or regulation issued under Title I of the Act. 

(b) Any amendments, additions, revisions, or supplements of this 

Supplemental Code, proposed by Code Authority, and authorized by 

the affirmative vote of 663⁄4 % of the employers shall be in full force 

and effect upon approval by the President. The eligibility requirements, method and effect of such voting shall be the same as provided 

by Article V hereof. 

( c) This Supplemental Code shall terminate June 16, 1935, or on 

such date prior thereto when t):ie Act shall be repealed or the Pre ident shall, by proclamation, or the Congress shall, by joint resolution, 

direct that the emergency recognized by Section I of the Act has 

ended. 

ARTICLE XII-WITHDRAWAL 

Upon thirty days notice to the Basic Code Authority and to the 

Administrator, this Subdivision may, upon the concurring affirmative vote of employers within the said Subdivision entitled to cast 

two-thirds or more of all the votes that might b 0 cast by all employers within the Subdivision entitled to vote thereon, withdraw 

from the jurisdiction of the Basic Code Authority. The eligibility 

of voters and the method and e:ff ect of such voting shall be in accordance with the provisions of Article V hereof. After and in the event 

such withdrawal is accomplished, this Supplemental Code together 

with the provisions of the Code shall become and be the sole Code 

governing this Subdivision and the Code Authority shall, for this 

Subdivision, become and be the sole Code Authority and shall perform all the functions with respect thereto. 

ARTICLE XIII-MONOPOLIES 

Applicant imposes and shall impose no inequitable restrictions 

on membership therein. The Supplemental Code presented by it is 

not designed to promote monopoly, and shall not be so construed or 

applied as to oppress or eliminate small enterprises or discriminate 

against them, and is designed to effectuate the policy of the Act. 

ARTICLE XIV-EFFECTIVE DATE 

This Supplemental Code shall become effective and binding on 

all persons engaged in the Subdivision on the eleventh day after 

its approval. 

ApproYed Code 347-Supplement No. 26. 

Registry No. 1316-03. 

0 


UNIV ERS ITY OF FLORI DA 

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