Approved Code No. 4-Supplement No. 3 Registry No. 1308-17 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WIRING DEVICE INDUSTRY 

(A Division of the Electrical Manufacturing Industry) 

A • ! 

AS APPROVED ON JANUARY 15, 1935 

WE DO OUR PART.' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 4-Supplement No. 3 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

WIRING DEVICE INDUSTRY 

As Approved on January 15, 1935 

ORDER 

SuPPLEMENTARY CoDE oF F Am CoMPETITioN FOR THE ,v IRING DEVIcE 

INDUSTRY 

A DIVISION OF THE ELECTRICAL MANUFACTURING 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 Wiring Device Subdivision 

to the Code of Fair Competition for the Electrical Manufacturing 

Industry, and hearing 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, 

the National Industrial Recovery Board, pursuant to authority 

vested in it by Executive Orders of the President, including Executive Order No. 6859 and otherwise, does hereby incorporate by reference said annexed report and does 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 does 

hereby order that said Supplemental Code of Fair Competition be 

and it is hereby approved, subject to the following conditions: 

(1) That the last sentence of Section 2 of Article II be and it 

hereby is stayed for a period of thirty days from the effective date 

of this Supplemental Code or until the National Industrial Recovery 

Board shall, by its further order, otherwise direct. 

(2) That Section 2 of Article III be deleted. 

(3) That Section 9 of Article VI be and it hereby is stayed pending further study or until the National Industrial Recovery Board 

shall~ by its further order, otherwise direct. 

109331°-1465-94-35 (1) 
2 

( 4) That Article VII be and it hereby is stayed for a period of 

fifteen days from the effective date of this Supplemental Code or 

until the National Industrial Recovery Board shall, by its furher 

order, otherwise direct. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Aclministrative Officer. 

Approval recommended: 

BARTON w. MURRAY, 

Division ArPministrator. 

WASIDNGTON, D. c., 

J am1,ary 15, 1935. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Supplementary Code of Fair Competition for the Wiring Device Industry, a Subdivision of the Electrical Manufacturing Industry. 

An application has been duly made by the Cocle Authority for the 

Electrical Manufacturing Industry, on behalf of the Wirin,& Device 

Industry, for approval of a Supplementary Code of Fair llompetition for said Wiring Device Industry. This Supplementary Code 

was submitted by the Code Committee of vViring Device Industry, 

representing approximately 63% of the total volume of sales and 

85% of the members of the Industry. 

A Public Hearing was conducted in ,v ashington on September 11, 

1934, and the Supplementary Code was r evised and resubmitted in 

its present form. Every person who requested an appearance was 

properly heard in accordance with the statutory and regulatory 

requirements. 

PTIOVISIONS OF THE SUPPLEMENTARY CODE 

The Supervisory Agency governing the vViring D-avice Industry 

is appointed by the Basic Code Authority of the Electrical Manufacturing Industry and is adequately representative of all the different elements in this Industry. Since this Wiring Device Industry 

Code is supplemental to the Code of Fair Competition for the Electrical :Manufacturing Industry, it adopts all the labor provisions of 

the Basic Code, as well as all other provisions and any amendments 

that may be incorporated in the Basic Code. 

FINDINGS 

The Deputy Administrator in his final report to the National Industrial Recovery Board on said Supplementary Code having found 

as herein set forth and on the basis of all the proceedings in this 

matter: 

It is found that : 

(a) Said Supplementary Code is well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

Act, including removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the 

trade groups, by inducing and maintaining united action of labor 

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

(3) 
4 

fullest possible utilization of the present productive capacity 0£ industries, by avoiding undue restriction of production ( except as may 

be temporarily required) 1 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 m-ore than fifty thousand employees; and is not cla sified by us as a major Industry. 

( c) The Su!}plementary Code as approved complies in all respects 

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

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

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

applicant group is an industrial gToup truly representative of the 

aforesaid Industry; and that said group imposes no inequitable 

restrictions on admissions to membership therein. 

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

( e) The Supplementary Code is not designed to and will not 

eliminate or oppress small enterprises and will not operate to discriminate against them. ( f) Those en aged. 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, the National Industrial Recovery 

Board has approved this Supplementary Code subject to the following conditions : 

1. That the last sentence of Section 2 of Article II be stayed for a 

period of thirty day from the effective date of this Supplementary 

Code or until the National Industrial Recovery Board shall by its 

further order otherwise direct. 2. That Section 2 of Article III be deleted. 

3. That Section 9 of Article VI be stayed pending further study or 

until the National Industrial Recovery Board shall by its further 

order otherwise direct. 

4. That Article VII be stayed for a period of fifteen days from 

the effective date of this Supplementary Code or until the National 

Industrial Recovery Board shall by its further order otherwise direct. 

For the National Industrial Recovery Board: 

. W. A. lliruuMAN, Aivministrative Officer. 

JANUARY 15, 1935. 
V 

.Approved Code No. 4-Supplement No. 3 Registry No. 1308/17 

ERRATA SHEET 

CODE OF FAIR COMPETITION 

FOR THE 

WIRING DEVICE INDUSTRY 

As Approved on January 15, 1935 

Article II, Section 2, line 6, reads: 

"* * * Any person who imports outside the continental United 

States for * * * " 

Should read : 

" * * * Any person who imports from outside the continental 

United States for * * * " 

112182°-1465-116--35 U.S. GOVERNMENT PRINTING OFFICE: 1931 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE "\iVIRING DEVICE INDUSTRY 

A DIVISION OF THE ELECTRICAL 1\fA~ TIFACTURING INDUSTRY 

ARTICLE I 

SECTION 1. To effectuate the policy of Title I of the National In. 

dustrial Recovery Act, the following provisions are established pur• 

suant to the provisions of Article XIV of the Basic Code of Fair 

Competition for the Electrical Manufacturing Industry, approved 

August 4, 1933, as a Supplemental Code of Fair Competition for the 

Wiring Device Subdivision of the Electrical l\1anufacturing Indus. 

try, and eleven days after its approval shall, in addition to and to. 

gether with the provisions of said Basic Cede and any amendments 

thereof, or additions thereto, hereafter made, be the standard of 

fair competition for the "\Viring Device Subdivision of the Electrical 

l\1anufacturing Industry, and shall be binding on every employer 

thereof. 

ARTICLE II-DEFINITIO)l"S 

SECTION 1. The term "Wiring Device Subdivision" of the Electrical Manufacturing Industry, or "Subdivision", as used herein, 

mea:ns promoting the manufacture, and/ or the manufacture, for 

sale of electrical wiring devices, including but without limitation 

Sockets and Receptacles, Tumbler, Toggle, Push Button and Snap 

Switches and their accessories; Attachment Plugs and Connecting 

Outlet Devices; Cord Sets for resale, including Decorative Lighting 

Outfits, Enclosed Fuses and Cutouts. 

SECTION 2. The term "prorn.oting the manufacture", as used herein, shall include any person who sells or offers to sell any product 

of the Subdivision in effect as a manufacturer, or who represents 

himself as a manufacturer, in competition with employers of the 

Subdivision with respect to the primary distribution of such product. 

Any person who imports outside the continental United States for 

resale within the United States, any products of the Subdivision, 

shall be considered as one promoting the manufacture of such products, with respect to the primary distribution thereof.1 

SECTION 3. The term "person" as used herein, means a natural 

person, partnership, association, trust, trustee, trustee in bankruptcy, 

receiver, corporation, or other entity. · SECTION 4. The term "employer" as used herein, means every 

person promoting, or actively engaged in, the manufacture for sale, 

of the products of the Subdivision as herein defined. 

1 See paragraph 2 (1) of order a.pproving thls Code. 

(5) 
6 

SECTION 5. The term " ern.ployee " as u ed herein, means anyone 

who is employed by any such employer, irrespective of the method 

of compensation. 

SECTION 6. The term" Supervisory Agency" as used herein, means 

the Supervisory Agency approved or appointed for the Subdivision 

in accordance with Article XII of the Basic Code. 

SECTION 7. The term" Basic Code" means the Code of Fair Competition for the Electrical Manufacturing Industry. 

SECTION 8. · The tenn " Code Authority " as used herein, means 

the Code Authority for the Electrical Manufacturing I ndustry. SECTION 9. The terms "President" and "Act" as used herein, 

mean respectively the President of the United States and Title I 

of the National Industrial Recovery Act. 

ARTICLE III-PRICE FILING 

SECTION 1. The Supervisory Agency may determine that it is undesirable to continue the filing of net price lists and/or price lists 

with di count sheets and/or fixed term of sale or payment on any 

product in respect of which such filing ha heretofore been required 

under Article X of the Basic Code, and may cau e such filing to 

cease. 

SECTION 2. The Supervisory Agency shall also cause such filing to 

cease on any product if reque. ted by a two-thirds vote of the employers in the Subcljvision measured both by volume of sales and 

by number and the provi ions of said Article X shall not apply to 

such product unless and until the Subdivi ion shall again reque t the 

Supervi ory Agency in the same manner that such filing be made. 2 

SECTION 3. No pro vi ion of this Code relating to prices or terms 

of selling, shipping or marketing shall apply to export trade or sale 

or shipment for export trade. The term "export" shall include 

shipment to foreign countries and to the territories and posessions of 

the United States, except Alaska, Hawaii and the Canal Zone. On 

all export shipments every employer shall be responsible for accepting bona fide export orders only and shall be prepared to provide 

evidence of export upon call as required by the Supervisory Agency. 

ARTICLE IV-SELLING BELOW CosT 

SE9TI0N 1. Selling below cost by any employer may be done under 

the following conditions : 

(a) With respect to any product sold competitively under net price 

lists and/or price lists with discount heets and/or fixed terms of sale 

or payment (herein referred to as price schedules) filed with the 

Supervisory Agency, any employer may file revised price schedules 

to meet the filed lower price schedules of any other employer, provided that the Supervisory Agency is advised that selling below cost 

is involved at the time the revised price schedules to meet competition 

are filed with the Supervisory Agency. 

(b) With respect to any product or specifications on which price 

schedules have not been filed with the Supervisory Agency, any e1nployer may meet the proven quoted price made on equal or equivalent 

2 Deleted-See paragraph 2 (2) of order approving this Code. 
7 

products or specifications by any other employer, provided proper 

notification of such intent has been given to th" Supervisory Agency. 

( c) During the period of developing and introducing some new 

product until such time as the market demand and volume of production produce a cost below the price that can be reasonably changed 

therefor, any employer may sell below cost provided proper notification of such intent has been given to the Supervisory Agency. 

ARTICLE V-HOMEWORK 

SECTION 1. No employer shall permit or allow processing or manufacture of any of his products in the homes of any employees or in 

any public or private institution except under the following conditions: 

a. A person may be permitted to engage in homework at the same 

rate of wages as is paid for the same type of work performed in the 

factory or other regular place of business if a certificate is obtained 

from the State Authority or other officer designated by the United 

States Department of Labor, such certificate to be granted in accordance with instructions issued by the United States Department of 

Labor, provided 

(1) Such person is physically incapacitated for work in a factory 

or other regular place of business and is free from any contagious 

disease; or 

(2) Such person is unable to leave home because his or her services 

are absolutely essential for attendance on a person who is bedridden 

or an invalid and both such persons are free from any contagious 

disease. 

b. Any employer engaging such a person shall keep such certificate 

on file and shall file with the Supervisory Agency the name and 

address of each worker so certificated. 

ARTICLE VI-TRADE PRACTICE PROVISIONS 

SECTION 1. Muleading Advertuing.-N o employer shall publish 

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, character, nature, finish, material content or preparation) or credit terms, values, policies, services, or the nature or form 

of th~ business conducted. SECTION 2. Staternents Regarding Policies of O ompetition.-N o 

employer shall make or cause or permit to be made or published 

any false or deceptive statement of or concerning the business policies, methods, conduct, ability to perform contracts or credit standing 

of a competitor or the grade or quality of his goods. 

SECTION 3. Misrepresentation as to Quality and Size.-No employer shall mark or brand products of the Subdivision with intent 

to mislead or deceive, or with the effect of misleading or deceiving 

customers or prospective customers in any material particular with 

respect to the quantity, quality, grade or substance of the products 

so marked or branded. · 
8 

SECTION 4. Secret Rebates.-N o employer shall secretly offer or 

make any payment or allowance of a rebate, refund, commission, 

credit, unearned discount, whether in the form of money or otherwise, nor shall any employer secretly offer or extend to any customer 

any special serYice or privilege not extended to all customers of the 

same class, for the purpose of influencing a sale. SECTION 5. Splitting Oommissions.-An employer shall not continue to employ any sale man or agent, compensated in whole or in 

part on a commis ion or bonus basis, who shall pay or allow to any 

purchaser any part of the commission or bonus earned by him in 

connection with the sale of any products of the Subdivision, or who 

shall violate any of the trade practice provisions applicable to 

employers of the Subdivision. 

SECTION 6. Records.-No employer hall withhold from or insert 

in any quotation, acknowledgment of order, invoice, or any other 

instrument of bu iness procedure of the employer, whether the transaction results in an order or not, any statement which falsifies the 

employer's record wholly or in part. SECTION 7. Oommerci,al Bribery.-r o member of the industry shall 

give, permit to be o·iven, or directly offer to giYe, anything of value 

for the purpo e of influencing or rewarding the action of any employee, agent, or r pre entative of another in relation to the business of the employer of such emplo} ce, the principal of such agent 

or the repre ented party, without the knowledge of such employer, 

principal or party. Commercial bribery provi ions shall not be construed to prohibit free and general di tribution of articles commonly 

used for advertising except so far as such articles are actually used 

for commercial bribery as hereinabo e defined. This provision shall 

not be construed to prohibit prize conte ts openly conducted among 

salesmen. 

SECTION 8. Espionage of 001npetitor·s.-No employer shall procure 

or attempt to procure information from anoth r employer concerning his business by any false or misleading stat ment or representation, or by any false inpersonation of one in authority, or by bribery, 

or by any other unfair method. 

SECTION 9. Oonsignments.-No employer shall ship goods on consignment, ledger balances, or on memorandum basis to any customer, 

provided, however, that nothing herein shall affect any bona fide 

contract entered into prior to the effective date of this Supplemental 

Code and which cannot by its terms be cancelled by the employer. 

All such contracts shall be reported to the Supervisory Agency, and 

no employer shall renew any such contract.3 

ARTICLE VII 4-LIQIDDATED DAMAGES 

SECTION 1. Recognizing that the violation by an employer of this 

Subdivision, of any provision of the Basic Code or of this Supplemental Code, will di turb the normal course of fair competition in 

the ,viring Device Subdivision, and cause serious damage to others, 

and that it will be impossible accurately to determine the amount of 

such damage, it is hereby provid d that those employers who may 

8 See parngraph 2 (3) of order approving th:.s Code. 

'See paragraph 2 (4) of order approving this Code. 
9 

desire to do so may enter into an agreement among themselves 

embodying the following provL ions : 

a. Each employer violating any provis~on of ~he Basic Code, or _of 

this Supplemental Code, shall pny to an impartial agpnt to be designated by the Code Authority or by a majority vote of the employers 

of this Subdivision, in trust, as and for liquidated dan1ages, upon 

determination of violation by the National Industrial Recovery 

Board, or by an impartial agency or person nominated by the Code 

Authority or designated by the assentors to this agreement and 

approved by the National Indu trial Recovery Board, amounts as 

set forth below : 

(1) For the violation of any wage provision, an amount equal to 

the difference between the wages which have been paid and the 

wages which would have been paid if the employer had complied 

with the applicable provisions of the Code; 

(2) For the violation of any hour provision, an amount equal to 

the wages payable for the overtime at the regular rate payable under 

the terms of the Code, to the en1ployee or employees who worked 

overtime; 

(3•) For the violation of any labor provision of the Code other 

than an hour or wage provision, Two Hundred Fifty (250) Dollars; 

( 4) For the violation of any provision of the Basic Code or this 

Supplemental Code ( other than a labor provision) involving a 

transaction incidental to or connected with a sale of any product of 

the Subdivision, an an1ount equal to twenty (20) percent of the 

actual selling price of the product sold in violation of any such provision, or of the price at which the product should have been sold 

under this Code, if determinable, whichever is the higher ; 

( 5) For the violation of any provision of this Code ( other than 

a labor provision) not invo,lving a transaction incidental to or connected with a sale of any product of the industry, One Hundred 

(100) Dollars. 

SECTION 2. All an1ounts so p aid to or collected by the impartial 

agent designated in accordance with Section 1, under the provisions 

of this Article, shall be applied by him as fallows : First, if the 

violation shall have been of a labor provision of the Code, equitable 

distribution of all da1nages paid therefor shall be made among all 

employees directly affected by such violation; Second, if the violation shall have been of a Code provision other than a labor provision, the damages arising therefrom shall be utilized to defray 

proper expenses of Code Ad1ninistration, and the balance, if any, 

remaining in the hands of the said impartial agent shall be distributed semi-annually among employers of the Subdivision who 

have assented hereto and who have not been determined to have 

been guilty of a violation of a Code provision during the preceding 

semi-annual period, on the basis of the n1ost recent assessment made 

against employers of the Subdivision for the expense of Code 

Administration. 

SECTION 3. Assent to this Article by any employer shaU be evidenced by a signed statement signifying assent, filed with the Code 

Authority. Failure to assent to this Article shall not deprive any 

employer of any other right or privilege under this Code. By so 

assenting, each employer agrees with every other employer and the 
10 

said impartial agent individually (a) that violation of a Code provision shall breach this agreement and shall render the violator 

liable for the payment of liquidated damages as herein provided, 

(b) all rights and causes of action arising hereunder are assigned 

to the impartial agent, individually and in trust, and ( c) that the 

impartial agent, as such assignee and as attorney in fact for each 

assenting employer, may take all proper legal action concerning 

damages found due hereunder. 

SECTION 4. The Code Authority may waive liabi.lity for payment 

of liquidatBd damages for any violation it finds to have been innocently made and resulting in no material injury. 

SECTION 5. The said impartial agent as an individual, by accepting 

office, accepts the tru t established by this contract and agTees to 

perform the duties of Trustee hereunder until his successor in office 

may have been appointed. 

SECTION 6. Nothing contained in this Article VII shall be construed or applied to (a) deprive any person of any right or right 

of action arising out of the Basic Code or of this Supplemental 

Code, or (b) relieve any employer of the Subdivision from any contractual or legal obligation arising out of the Ba ic Code or this 

Supplemental Code or of the Act or otherwise; nor shall violation 

of this agreement by an as enting member be deemed a violation of 

the Basic Code or of this Supplemental Code, so as to subject the 

violator to any consequence arising under Section 3 (b), Section 

3 (c), or Section 3 (f) of the Act, nor to any criminal prosecution 

of any kind. 

ARTICLE VIII-1\fomFIC.ATIONs 

SECTION 1. This Supplem ntal Code, and all provisions thereof 

are expressly made subject to the right of the President, in accordance with the provisions of Sub-Section (b) of Section 10 of the 

Act, from time to time to cancel or modify any ord r, approval, 

license, rule or regulation issued under Title I of said Act. 

SECTION 2. Such of the provisions of this Supplemental Code as 

are not required by the Act to be included herein may, with the 

approval of the President, be amended or eliminated as changed 

circumstances or experience may indicate. Study of the trade practices of the Subdivision will be continued by the Supervisory Agency 

for this Subdivision, heretofore appointed b-y the Code Authority 

with the intention of submitting to the National Industrial Recovery 

Board through the said Code Authority for approval from time 

to time amendments of or additions to this Supplemental Code applicable to this Subdivision. 

ARTICLE IX-EFFECTIVE DATE 

SECTION 1. This Supplemental Code shall become effective eleven 

days after its approval. 

Approved Code No. 4--Supplement No. 3. 

Registry No. 1308-17. 

0 

UNIVERSITY OF FLORIDA 

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