y 
 
 Approved Code No. 84 — Supplement No. 55 
 
 Registry No. 1127—01 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 ARCHITECTURAL, ORNAMENTAL, AND 
 
 MISCELLANEOUS IRON, BRONZE, 
 
 WIRE, AND METAL SPECIALTIES 
 
 MANUFACTURING INDUSTRY 
 
 (A Division of the Fabricated Metal Products 
 
 Manufacturing and Metal Finishing 
 
 and Metal Coating Industry) 
 
 AS APPROVED ON NOVEMBER 20, 1934 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Vv'ashington, D. C. --------- Price 5 cents 
 
This publication is for sale by tbe 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, Mass. : 1801 Customhouse. 
 Buffalo, N. Y. : Chamber of Commerce BuUding. 
 Charleston, S. C. : Chamber of Commerce Building. 
 Chicago, 111.: 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, CaUf. : 1163 South Broadway. 
 Louisville, Ky. : 408 Federal Building. 
 Memphis, Tenn. : 229 Federal Building. 
 Minneapolis, Minn.: 213 Federal Building. 
 Nev? Orleans, La. : Room 225-A, Customhouse. 
 Nevr York, N. Y. : 734 Customhouse. 
 Norfolk, Va. : 406 East Plume Street. 
 Philadelphia, Pa. : 422 Commercial Trust Building. 
 Pittsburgh, Pa. : Chamber of Commerce Building. 
 Portland, Oreg. : 215 New Post Office Building. 
 St. Louis, Mo.: 506 Olive Street. 
 San Francisco, Calif. : 310 Customhouse. 
 Seattle. Wash.: 809 Federal Office Building. 
 
Approved Code No. 84 — Supplement No. 55 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 ARCHITECTURAL, ORNAMENTAL, AND MISCEL- 
 LANEOUS IRON, BRONZE, WIRE AND METAL 
 SPECIALTIES MANUFACTURING INDUSTRY 
 
 As Approved on November 20, 1934 
 
 ORDER 
 
 Approving Supplementary Code of Fair Competition for the 
 Architectural, Ornamental, and Miscellaneous Iron, Bronze, 
 Wire and Metal Specialties Manufacturing Industry 
 
 A division of the fabricated metal products manufacturing and 
 
 METAL finishing AND METAL COATING INDUSTRY 
 
 An application having been duly made pursuant to and in full 
 compliance with the provisions of Title I of the National Industrial 
 Recovery Act, approved June 16, 1933, and in accordance with the 
 provisions of Section 1 of Article VI of the Basic Code for the 
 Fabricated Metal Products Manufacturing and Metal Finishing and 
 Metal Coating Industry, approved November 2, 1933, for approval 
 of a Supplementary Code of Fair Competition for the Architectural, 
 Ornamental, and Miscellaneous Iron, Bronze, Wire and Metal Spe- 
 cialities Manufacturing Industry; and hearing having been duly 
 held thereon; and the annexed report on said Supplementary Code 
 containing findings with respect thereto, having been made and di- 
 I'ected to the President * 
 
 NOW, THEREFORE, on behalf of the President of the United 
 States, the National Industrial Recovery Board pursuant to author- 
 ity 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 Supple- 
 mentary Code complies in all respects with the pertinent provi- 
 sions and will promote the policy and purposes of said Title of said 
 Act, and does hereby order that said Supplementary Code of Fair 
 Competition be and it is hereby approved. 
 
 National Industrial Recovery Board, 
 By W. A. Harriman, Administrative 0-fficer. 
 
 Approval recommended : 
 KiLBOURNE Johnston, 
 
 Acting Division AdminiMrator. 
 
 Washington, D. C, 
 
 November 20, 1934. 
 
 98500° 1325-74 34 1 (l) 
 
REPOKT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 Sir: This is a report on the Supplementary Code of Fair Com- 
 petition for the Architectural, Ornamental, and Miscellaneous Iron, 
 Bronze, Wire and Metal Specialties Manufacturing Industry, a 
 Division of the Fabricated Metal Products Manufacturing and 
 Metal Finishing and Metal Coating Industry, the hearing having 
 been conducted thereon in AVashington, D. C, May 8, 1934, in ac- 
 cordance with the provisions of Title I of the National Industrial 
 Recovery Act. 
 
 GENERAL STATEMENT 
 
 The Architectural, Ornamental, and Miscellaneous Iron, Bronze, 
 Wire, and Metal Specialties Manufacturing Industry, being truly 
 representative of this division of the Fabricated Metal Products 
 Manufacturing and Metal Finishing and Metal Coating Industry, 
 has elected to avail itself of the option of submitting a Supple- 
 mentary Code of Fair Competition, as provided for in Section 1 
 of Article VI of the Basic Code, for the Fabricated Metal Products 
 Manufacturing and Metal Finishing and Metal Coating Industry, 
 approved by you on the Second day of November, 1933. 
 
 RESUME OF THE CODE 
 
 Article I states the purpose of the Supplementary Code. 
 
 Article II accurately defines specific terms employed in the Sup- 
 plementary Code. 
 
 Article III. This Industry is a division of the Fabricated Metal 
 Products Manufacturing and Metal Finishing and Metal Coating 
 Industry and the labor provisions of its Basic Code, as approved 
 November 2, 1933, are the labor provisions of this Supplementary 
 Code. 
 
 Article IV establishes a Supplementary Code Authority consisting 
 of twenty-five (2'5) members to be elected by the members of the 
 Industry at a meeting called by the Temporary Supplementary Code 
 Authority, and gives the National Industrial Recovery Board the 
 authority to appoint one additional member without vote and 
 provides machinery for obtaining statistics and the administration 
 of the Supplementary Code. 
 
 Article V provides for the formulation of an accounting system 
 for determining allowable cost. 
 
 Article VI provides means for preventing destructive price cutting. 
 
 Article VII provides for the filing of prices for products of the 
 Industry.' 
 
 Article VIII sets forth the unfair trade practices of this Supple- 
 mentary Code avoidance of which is especially designed to offset 
 unfair competition in this division of the Industry. 
 
 (2) 
 
Article IX contains the mandatory provisions contained in Section 
 10 (b) of the Act and also provides for the submission of proposed 
 amendments to the Supplementary Code. 
 
 Article X provides against monopolies and monopolistic practices. 
 
 Article XI recognizes that price increases be limited to actual 
 additional increases in the seller's costs. 
 
 Article XII states the effective date of this Supplementary Code. 
 
 FINDINGS 
 
 The Assistant Deputy Administrator in his final report to us on 
 said Supplementary Code having found as herein set forth and on 
 the basis of all the proceedings in this matter : 
 
 We find 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 organi- 
 zation of industry for the purposes of cooperative action among the 
 trade groups, by inducing and maintaining united action of labor 
 and management under adequate governmental sanctions and super- 
 vision, by eliminating unfair competitive practices, by promoting the 
 fullest jjossible utilization of the present productive capacity of 
 industries, by avoiding undue restriction of production (except as 
 may be temporarily required), by increasing the consumption of 
 industrial and agricultural products through increasing purchasing 
 power, by reducing and relieving unemployment, by improving 
 standards of labor, and by otherwise rehabilitating industry. 
 
 (b) Said Industry normally employs not more than fifty thou- 
 sand employees; and is not classified by us as a major Industry. 
 
 (c) The Supplementary Code as approved complies in all re- 
 spects with the pertinent provisions of said Title of said Act, in- 
 cluding 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 group truly representative of 
 the aforesaid Industry. 
 
 (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 dis- 
 criminate 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. We hereby rcommend the approval 
 of this Supplementary Code. 
 
 For The National Industrial Recovery Board : 
 
 W. A. Harriman, 
 
 Adniinistraiive Officer, 
 
 November 20, 1934 
 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE ARCHITECTURAL, ORNAMENTAL, AND MISCEL- 
 LANEOUS IRON, BRONZE, WIRE AND METAL SPE- 
 CIALTIES MANUFACTURING INDUSTRY 
 
 A DIVISION or THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
 METAL FINISHING AND METAL COATING INDUSTRY 
 
 Article I — Purposes 
 
 To effectuate the policies of Title I of the National Industrial Re- 
 covery Act, the following provisions are established as a Siipple- 
 mentary Code of Fair Competition for the Architectural, Orna- 
 mental, and Miscellaneous Iron, Bronze, Wire, and Metal Specialties 
 Manufacturing Industry, pursuant to Article VI of the Basic Code 
 of Fair Competition for the Fabricated Metal Products Manufactur- 
 ing and Metal Finishing and Metal Coating Industry, approved by 
 the President of the United States on the second day of November, 
 1933, and the provisions of this Supplementary Code shall be the 
 standards of fair competition for the Architectural, Ornamental and 
 Miscellaneous Iron, Bronze, Wire and Metal Specialties Manufactur- 
 ing Industry and shall be binding upon every member thereof. 
 
 Article II — Definitions 
 
 Section 1. The term " The Architectural, Ornamental, and Mis- 
 cellaneous Iron, Bronze, Wire, and Metal Specialties Manufacturing 
 Industry " hereafter referred to as " The Industry ", is defined to 
 mean the manufacturing and processing for sale — as well as contract- 
 ing for manufacturing, furnishing and/or installing, repairing, or 
 servicing — of ferrous and non-ferrous metal products including alu- 
 minum, in or on any building or structure, but not including ferrous 
 and non-ferrous metals becoming a part of the manufactured prod- 
 ucts of another industry, nor such functions of erection or installing 
 as are subject to other codes which have been approved by the Presi- 
 dent or which may be so approved. 
 
 Section 2. The term " Member of the Industry " as used herein 
 includes, but without limitation, any individual, partnership, asso- 
 ciation, corporation, or other form of enterprise engaged in the In- 
 dustry, either as an emploj^er or on his or its own behalf. 
 
 Section 3. The term " employee " as used herein includes any and 
 all persons engaged in the industry, however compensated, except a 
 member of the Industry. 
 
 Section 4, The term " employer " as used herein includes anyone 
 by whom such employee is compensated or employed. 
 
 Section 5. The therms "Act " and " National Industrial Recovery 
 Board " as used herein mean respectively, Title I of the National 
 
 (4) 
 
Industrial Recovery Act, and the National Industrial Recovery 
 Board. 
 
 Section 6. The term " President " as used herein means the Presi- 
 dent of the United States. 
 
 Section T. The term " Basic Code " as used herein means the Basic 
 Code of Fair Competition for the Fabricated Metal Products Manu- 
 facturing and Metal Finishing and Metal Coating Industry, ap- 
 proved by the President of the United States on the 2nd day of 
 November, 1933. 
 
 Section 8. The term " Supplementary Code Authority " as used 
 herein shall mean the agency which is to administer this Supple- 
 mentary Code, as hereinafter provided. 
 
 Section 9. The term " Supplementary Code Committee " as used 
 herein is defined to mean the Committee elected by the Thirty-three 
 (33) Associations and trade groups submitting this Supplementary 
 Code. 
 
 Section 10. The term " District " as used herein shall mean one of 
 the twelve (12) Federal Reserve Districts. 
 
 Section 11. The term " Regional Code Authority " as used herein 
 shall mean that administrative body which is set up in accordance 
 with the provisions of subsection (d) of Section 1 of Article IV of 
 this Supplementary Code. 
 
 Article III — Employment Provisions 
 
 The Industry is a division of the Fabricated Metal Products Man- 
 ufacturing and Metal Finishing and Metal Coating Industry, and 
 without limitation the wage, hour, and labor provisions in Article 
 III of its 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 Supplementary Code, are specifically 
 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 follow-' 
 ing the effective date of this Supplementary Code, the Supplemen- 
 tary Code Committee shall constitute a temporary Supplementary 
 Code Authority until the Supplementary Code Authority is elected. 
 There shall be constituted within the sixty (60) day period a Sup- 
 plementary Code Authority consisting of twenty-five (25) members 
 to be nominated and elected by the members of the Industry at a 
 meeting or meetings called by the temporary Supplementary Code 
 Authority, upon fifteen days' notice sent by registered mail to all 
 members of the Industry, whose names may be ascertained after 
 diligent search, who may vote either in person or by proxy or by 
 letter ballot. The members of the Supplementary Code Authority 
 first elected shall serve until the following annual meeting of the 
 members of the Industry or until their successors shall have been 
 elected and, thereafter, members of the Supplementary Code Author- 
 ity shall be elected at each annual meeting. The members of the 
 
6 
 
 Supplementary Code Authority shall be elected in the following 
 manner : 
 
 (a) Four members, one of whom shall be a manufacturer of iron 
 work, one of bronze work, one of wire work and one of metal special- 
 ties, who shall be members of the Industry, to be nominated and 
 elected by a majority vote of all members of the Industry present 
 in person or by proxy or by letter ballot, each member to have one 
 vote. 
 
 (b) Four members, one of whom shall be a manufacturer of iron 
 work, one of bronze work, one of wire work and one of metal spe- 
 cialties, who shall be members of the Industry to be nominated and 
 elected by a majority vote of all members of the Industry present 
 in person, or by proxy, or by letter ballot weighted on the following 
 basis : 
 
 (1) One vote for each member of the Industry and one additional 
 vote thereto for each $25,000.00 of annual net sales covering the 
 products of the Industry in the previous calendar year reported to 
 the Supplementary Code Authority; provided, however, that no 
 one member may cast more than fifteen (15) per cent of the total 
 number of votes cast. 
 
 (c) One member, who is a member of the Industry and a non- 
 member of any Association or Trade Group, to be nominated and 
 elected by a majority vote of all members of the Industry present 
 in person, or by proxy, or by letter ballot who are non-members of 
 any Association or Trade Group, each non-member to have one vote. 
 
 (d) Sixteen members who shall be members of the Industry to be 
 elected as follows: 
 
 (1) The United States, including Puerto Rico, Alaska and Hawaii 
 shall be divided into twelve Districts, such divisions to conform 
 with the twelve Federal Reserve Districts as now constituted, and 
 the sixteen members shall be selected from such Districts, each 
 District to have one member except Districts 2, 3, 4 and 7 which 
 shall have two members each and no more. The members from the 
 respective Districts shall be chosen in the following manner: 
 
 (2) Within sixty days after the effective date of this Supple- 
 mentary Code, the temporary Supplementary Code Authority shall 
 charge a particular member or grou]) of members of the Industry 
 located and operating in the particular Federal Reserve District 
 with the duty of calling a meeting of the members of the Industry 
 located and operating in such District, such meeting to be held in 
 accordance with the provisions of Section 1 hereof as to notice, and 
 at such District meeting the members of the Industry shall nomi- 
 nate and elect a member of the Industry who shall be their repre- 
 sentative on the Supplementary Code Authority, provided that the 
 number of members to be nominated and elected in Districts 2, 3, 4 
 and 7 shall be two. 
 
 (3) In addition, the members of the Industry at each District 
 meeting shall elect a Regional Code Authority consisting of four 
 members, one of whom shall be a manufacturer of bronze work, one 
 of wire work, one of iron work and one of metal specialties, pro- 
 vided there are such manufacturers located and operating in the 
 particular District. The member of each Supplementary Code Au- 
 thority elected at the District meeting shall be an ex-ofRcio member 
 and Chairman of the Regional Code Authority except in Districts 
 
2, 3, 4 and 7 ; the member securing the largest number of votes in. 
 each of these Districts shall be declared the ex-ofRcio member and 
 Chairman of the Regional Code Authority. At such District meet- 
 ings all member of the Industry, present in person or by proxy or 
 letter ballot, shall be entitled to vote, which vote shall be weighted 
 as follows : 
 
 (4) One vote for each member of the Industry and one vote addi- 
 tional thereto for each $25,000 of annual net sales for the previous 
 calendar year reported to the temporary Supplementary Code Au- 
 thority or to the particular member or group of members of the 
 Industry charged with the conduct of the District Industry meet- 
 ings : provided, however, that no one member may cast more than 
 fifteen per cent of the total number of votes cast. Thereafter, the 
 members of the Supplementary Code Authority and the Regional 
 Code Authorities as required by this Subsection (d) shall be elected 
 at annual meetings of the members of the Industry in the particular 
 Districts in accordance with the provisions of this subsection. 
 
 (5) In the event the Non- Association of Trade Group members 
 fail to elect the member of the Supplementary Code Authority as 
 required in Subsection (c) of this Section, the Supplementary Code 
 Authority, as at the time constituted, shall submit to the National 
 Industrial Recovery Board the names of five such members of the 
 Industry and the National Industrial Recovery Board shall appoint 
 the Non-Association member of the Supplementary Code Authority 
 from such submitted list. 
 
 (6) In the event any or all of the members of the Industry lo- 
 cated in any or all of the Geogi-aphical Districts mentioned in 
 Subsection (d) of this Section fail to elect their representative on 
 the Supplementary Code Authority and their Regional Code Au- 
 thority, the Supplementary Code Authority, as at that time con- 
 stituted, shall submit a list of five names of members of the Industry 
 located and operating in the particular District to the National 
 Industrial Recoveiy Board and the National Industrial Recovery 
 Board shall select from such submitted list the allotted number of 
 members of the Industry to represent the particular District on 
 the Supplementary Code Authority. In addition, the Supplemen- 
 tary Code Authority, as at that time constituted, shall appoint the 
 Regional Code Authority of four members of the Industry located 
 and operating in the particular District, which Regional Code Au- 
 thority shall be constituted the same as though specifically elected 
 by the members of the Industry in the particular District. 
 
 (7) A vacancy occurring in the Supplementary Code Authority 
 shall be filled by a majority vote of the remaining members of the 
 Supplementary Code Authority ; provided, however, that the vacancy 
 to be filled shall be subject to the classifications of membership both 
 Geographical and Industrial as set forth in Subsections (a), (b), 
 (c) and (d) of this Section. 
 
 (8) A vacancy occurring in any Regional Code Authority shall 
 be filled by a majority vote of the remaining members of the Re- 
 gional Code Authority; provided, however, that the vacancy to be 
 filled shall be subject to the classifications of membership as set 
 forth in paragraph (3) of subsection (d) of this Section. 
 
 98500° 1825-74 34 2 
 
8 
 
 (9) In addition to the members provided for above, the National 
 Industrial Recovery Board may appoint a member of the Supple- 
 mentary Code Authority to be known as the Administration Mem- 
 ber, who shall serve without vote and without expense to the Indus- 
 try. The Administration Member together with the National Indus- 
 trial Recovery Board shall receive notice of and may attend all 
 meetings of the Supplementary Code Authority and/or the Regional 
 Code Authority. 
 
 Secttion 2. Any trade association directly or indirectly participat- 
 ing in the selection or activities of the Supplementary Code Authority 
 shall (1) impose no inequitable restrictions on membership, and (2) 
 submit to the National Industrial Recovery Board true copies of its 
 Articles of Association, By-Laws, Regulations, and any amendments 
 when made thereto, together with such other information as to mem- 
 bership, organization, and activities as the National Industrial Re- 
 covery Board may deem necessary to effectuate the purposes of the 
 Act. 
 
 Section 3. In order that the Supplementary Code Authority shall, 
 at all times, be truly representative of the Industry and in other 
 respects comply with the provisions of the Act, the National Indus- 
 trial Recovery Board may prescribe such Hearings as it may deem 
 proper ; and, thereafter, if it shall find that the Supplementary Code 
 Authority is not truly representative or does not in other respects 
 comply with the provisions of the Act, may require removal of any 
 or all of the members thereof and may make an appropriate modi- 
 fication of modifications of the Supplementary Code Authority. 
 
 Section 4. (a) It being found necessary in order to support the 
 administration of this Supplementary Code and to maintain the 
 standards of fair competition established hereunder and to effectuate 
 the policy of the Act, the Supplementary Code Authority is author- 
 ized: 
 
 (1) To incur such reasonable obligations as are necessary and 
 proper for the foregoing purposes, and to meet such obligations out 
 of funds which may be raised as hereinafter provided and which shall 
 be held in trust for the purposes of the Supplementary Code ; 
 
 (2) To submit to the National Industrial Recovery Board for its 
 approval subject to such notice and opportunity to be heard as it 
 may deem necessary (1) an itemized budget of its estimated expenses 
 for the foregoing purposes, and (2) an equitable basis upon which 
 the funds necessary to support such budget shall be contributed by 
 members of the Industry ; 
 
 (a) After such budget and basis of contribution have been ap- 
 proved by the National Industrial Recovery Board, to determine and 
 obtain equitable contribution as above set forth by all members of 
 the Industry, and to that end, if necessary, to institute legal pro- 
 ceedings therefor in its own name. 
 
 (b) Each member of the Industry shall pay his or its equitable 
 contribution to the expenses of the maintenance of the Supplementary 
 Code Authority, determined as hereinabove provided, and subject to 
 rules and regulations pertaining thereto issued by the National In- 
 dustrial Recovery Board. Only members of the Industry complying 
 with the Code and contributing to the expenses of its administration 
 as hereinabove provided, unless duly exempted from making such 
 
contributions, shall be entitled to participate in the selection of mem- 
 bers of the Supplementary Code Authority or to receive the benefits 
 of any of its voluntary activities or to make use of any emblem or 
 insignia of the National Recovery Administration. 
 
 (c) The Supplementary Code Authority shall neither incur nor 
 pay any obligation substantially in excess of the amount thereof as 
 estimated in its approved budget; and shall in no event exceed the 
 total amount contained in the approved budget, except upon ap- 
 proval of the National Industrial Recovery Board; and no subse- 
 quent budget shall contain any deficiency item for expenditures in 
 excess of prior budget estimates except those which the National 
 Industrial Recovery Board shall have so approved. 
 
 Section 5. Nothing contained in this Supplementary Code shall 
 constitute the members of the Supplementary Code Authority part- 
 ners for any purpose. Nor shall any members of the Supplementary 
 Code Authority be liable in any manner to anyone for any act of 
 any other member, officer, agent or employee of the Supplementary 
 Code Authority. Nor shall any member of the Supplementary Code 
 Authority, exercising reasonable diligence in the conduct of his 
 duties hereunder, be liable to anyone for any action or omission to 
 act under this Supplementary Code, except for his own willful 
 malfeasance or non-feasance. 
 
 Section 6. The Supplementary Code Authority shall also from 
 time to tune furnish to the Basic Code Authority, designated in said 
 Basic Code, such information as may be required to be furnished 
 under the terms of said Basic Code. 
 
 Section 7. The Supplementary Code Authority shall have the 
 following further powers and duties: 
 
 (a) Subject to such rules and regulations as the National In- 
 dustrial Recovery Board may prescribe it shall have such power as is 
 necessary to administer and insure the execution of the provisions 
 of this Supplementary Code and provide for the compliance of the 
 Industry with the provisions of the Act. 
 
 (b) To adopt such by-laws, rules, and regulations as are neces- 
 sary for its procedure and for the administration of this Supple- 
 mentary Code. 
 
 (c) To obtain from members of the Industry such information 
 and reports as are required for the administration of the Supple- 
 mentary Cotle. In addition to information required to be sub- 
 mitted to the Supplementary Code Authority, members of the 
 Industry subject to this Supplementary Code shall furnish such 
 statistical information as the National Industrial Recovery Board 
 may deem necessary for the purposes recited in Section 3(a) of the 
 Act to such Federal and State agencies as he may designate; pro- 
 vided that nothing in this Supplementary Code shall relieve any 
 member of the Industry of any existing obhgations to furnish re- 
 ports to any Government agency. No individual report shall be dis- 
 closed to any other member of the Industry or any other party 
 except to such other Governmental agencies as may be directed by 
 the National Industrial Recovery Board. 
 
 (d) To appoint within one month after the effective daj:e of this 
 Supplementary Code a Committee so constituted as to give Consumer 
 and Governmental representation satisfactory to the National Indus- 
 trial Recovery Board ; to make a study with a view to the establish- 
 
10 
 
 ment of classifications and standards of size, quality and/or perform- 
 ance of staple products of the Industry wherever such standards are 
 deemed feasible. 
 
 The findings and recommendations of this Committee shall be 
 submitted to the National Industrial Recovery Board within six (6) 
 months after the effective date of this Supplementary Code and 
 after such hearings and investigation as it may designate and upon 
 approval by it shall be made a part of this Supplementary Code and 
 be binding upon each member. 
 
 (e) To make recommendations to the National Industrial Recov- 
 ery Board for the coordination of the Administration of this Supple- 
 mentary Code with such other codes, if any, as may be related to or 
 affect the members of the Industry. 
 
 (f) To appoint a trade practice committee which shall meet with 
 the trade practice committees appointed under such other codes as 
 may be related to the Industry for the purpose of formulating fair 
 trade practices to govern the relationships between production and 
 distribution employers under this Supplementary Code and under 
 such others to the end that such fair trade practices may be proposed 
 to the National Industrial Recovery Board as amendments to this 
 Supplementary Code and such other codes. 
 
 (g) To delegate to the various Regional Supplementary Code 
 Authorities such of its powers and duties as it may prescribe or 
 designate, provided, however, that such delegation shall not relieve 
 the Supplementary Code Authority of its duties or responsibilities, 
 and that it shall apply to the exercise of the powers and duties of 
 the Supplementary Code Authority only in the particular District. 
 
 (h) To authorize and empower Regional Code Authorities, or 
 other such Agencies as it may designate, to install a method of check- 
 ing quantity computations before the opening of competitive bids 
 and competitive bids after the opening of such bids and when such 
 authorization is granted to require such Regional Code Authority or 
 Agency to designate a depository, or to use such other method as may 
 be approved by the Supplementary Code Authority. 
 
 (i) To use such trade associations and/or 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 Supple- 
 mentary Code Authority of its duties or responsibilities under this 
 Supplementary Code, and that such trade associations and agencies 
 shall at all times be subject to and comply with the provisions hereof. 
 
 Section 8. If the National Industrial Recovery Board believes 
 that any action of the Supplementar}" Code Authority or any agency 
 thereof is unfair or unjust or contrary to the public interest, the Na- 
 tional Industrial Recovery Board 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 ap- 
 proved by the National Industrial Recovery Board within thirty 
 days of notice to it of intention to proceed with such action. 
 
 Section 9. Every employer shall provide for the safety and health 
 of employees during the hours and at the places of their employ- 
 ment. Standards for safety and health shall be submitted by the 
 Supplementary Code Authority to the National Industrial Recovery 
 
11 
 
 Board within three monthes after the effective date of the Supple- 
 mentary Code. 
 
 Article V — Cost Finding and Accounting 
 
 Section 1. Cost Finding. — The Supplementary Code Authority 
 shall cause to be formulated methods of cost finding and accounting 
 capable of use by all members of the Industry, and shall submit 
 such methods to the National Industrial Recovery Board for re- 
 view. If approved by the National Industrial Recovery Board, 
 full information concerning such methods shall be made available 
 to all members of the Industry. Thereafter, each member of the 
 Industry shall utilize such methods to the extent found practicable. 
 Nothing herein contained shall be construed to permit the Supple- 
 mentary Code Authority, any agent thereof, or any member of the 
 Industry to suggest uniform additions, percentages or differentials 
 or other uniform items of cost which are designed to bring about 
 arbitrary uniformity of costs or prices. 
 
 Article YI — Cost and Price Cutting 
 
 Section 1. The standards of fair competition for the Industry 
 with reference to pricing practices are declared to be as follows : 
 
 (a) Wilfully destructive price cutting is an unfair method of 
 competition and is forbidden. Any member of the Industry or of 
 any other industry or the customers of either may at any time com- 
 plain to the Supplementary Code Authority that any filed price 
 constitutes unfair competition as destructive price cutting, imperil- 
 ing small enterprise or tending toward monopoly or the impar- 
 ment of code wages and working conditions. The Supplementary 
 Code Authority shall within five (6) days afford an opportunity to 
 the member filing the price to answer such complaint and shall 
 within fourt-een (14) days make a ruling or adjustment thereon. If 
 such ruling is not concurred in by either party to the complaint, all 
 papers shall be referred to the Research and Planning Division of 
 the National Recovery Administration which shall render a report 
 and recommendation thereon to the National Industrial Recovery 
 Board. 
 
 (b) When no declared emergency exists as to any given product, 
 there is to be no fixed minimum basis for prices. It is intended 
 that sound cost e-stimating methods should be used and that con- 
 sideration should be given to costs in the determination of pricing 
 policies. 
 
 (c) When an emergency exists as to any given product, sales 
 below iho. stated minimum price of such product, in violation of 
 Section 2 hereof, is forbidden. 
 
 Section 2. Emergency Provisions. — (a) If the National Industrial 
 Recovery Board, after investigation, shall at any time find both (1) 
 that an emergency has arisen within the Industry adversely affect- 
 ing small enterprises or wages or labor conditions, or tending toward 
 monopoly or other acute conditions which tend to defeat the pur- 
 poses of the Act; and (2) that the determination of the stated min- 
 imum price for a specified product within the Industry for a limited 
 period is necessary to mitigate the conditions constituting such 
 
12 
 
 emergency and to effectuate the purposes of the Act, the Supple- 
 mentary Code Authority may cause an impartial agency to investi- 
 gate costs and to recommend to the National Industrial Recovery 
 Board a determination of the stated minimum price of the product 
 affected by the emergency and thereupon the National Industrial 
 Recovery Board may proceed to determine such stated minimum 
 price. 
 
 (b) When the National Industrial Recovery Board shall have 
 determined such stated minimum price for a specified product for 
 a stated period, which price shall be reasonably calculated to mitigate 
 the conditions of such emergency and to effectuate the purposes of 
 the National Industrial Recovery Act, it shall publish such price. 
 Thereafter, during such stated period, no member of the Industry 
 shall sell such specified products at a net realized price below said 
 stated minimum price and any such sale shall be deemed destructive 
 price cutting. From time to time, the Supplementary Code Au- 
 thority may recomend review or reconsideration or the National In- 
 dustrial Recovery Board may cause any determinations hereunder 
 to be reviewed or reconsidered and appropriate action taken. 
 
 Article VII — Open Price 
 
 Section 1. Each member of the Industry shall file with a confi- 
 dential and disinterested agent of the Supplementary Code Au- 
 thority or, if none, then with such an agent designated by the Na- 
 tional Industrial Recovery Board, identified lists of all of his prices, 
 discounts, rebates, allowances, and all other terms or conditions of 
 sale, hereinafter in this Article referred to as " price terms ", which 
 lists shall completely and accurately conform to and represent the 
 individual pricing practices of said member. Such lists shall con- 
 tain the price terms for all such standard products of the Industry 
 as are sold or offered for sale by said member and for such non- 
 standard products of said member as shall be designated by the 
 Supplementary Code Authority. Said price terms shall in the 
 first instance be filed within forty-five (45) days after the effective 
 date of this Supplementary Code. Price terms and revised price 
 terms shall become effective immediately upon receipt thereof by 
 said agent. Immediately upon receipt thereof, said agent shall by 
 telegraph or other equally prompt means, notify said member of 
 the time of such receipt. Such lists and revisions, together with 
 the effective time thereof, shall upon receipt be immediately and 
 simultaneously distributed to all members of the Industry and to 
 all of their customers who have applied therefor and have offered to 
 defray the cost actually incurred by the Supplementary Code Au- 
 thority in the preparation and distribution thereof and be available 
 for inspection b}^ any of their customers at the office of such agent. 
 Said lists or revisions or any part thereof shall not be made available 
 to any person until released to all members of the Industry and 
 their customers, as aforesaid; provided, that prices filed in the first 
 instance shall not be released until the expiration of the aforesaid 
 forty-five (45) day period after the effective date of this Supple- 
 mentary Code. The Supplementary Code Authority shall maintain 
 a permanent file of all price terms filed as herein provided, and 
 
13 
 
 shall not destroy any part of such records except upon written con- 
 sent of the National Industrial Recovery Board. Upon request, the 
 Supplementary Code Authority shall furnish to the National Indus- 
 trial Recovery Board or any duly designated agent of the National 
 Industrial Recovery Board copies of any such lists or revisions of 
 price terms. 
 
 Section 2. Wlien any member of the Industry has filed any re- 
 vision, such member shall not file a higher price within forty-eight 
 (48) hours. 
 
 Section 3. No member of the Industry shall sell or offer to sell 
 any products/services of the Industry, for which price terms have 
 been filed pursuant to the provisions of this Article, except in ac- 
 cordance with such price terms. 
 
 Section 4. No member of the Industry shall enter into any agree- 
 ment, understanding, combination or conspiracy to fix or maintain 
 price terms, nor cause or attempt to cause any member of the In- 
 dustry to change his price terms oy the use of intimidation, coercion, 
 or any other influence inconsistent with the maintenance of the free 
 and open market which it is the purpose of this Article to create. 
 
 Akticle VIII — Unfair Trade Practices 
 
 In addition to the unfair trade practices covered by Sections B, 
 C, D, E, F, and G of Article V of the Basic Code which are made 
 a part hereof, the same as though herein repeated and set forth at 
 length, the following described acts shall constitute unfair practices, 
 jDrovided, however, that if any of the unfair trade practices of the 
 Basic Code conflict with any of the unfair trade practices of this 
 Supplementary Code the latter shall supersede and prevail. 
 
 Section 1. Use of Other Than New Material. — No member of the 
 Industry shall sell or offer to sell any products of the Industry made 
 from any but new material unless the member of the Industry indi- 
 cates to the purchaser or prospective purchaser the facts regarding 
 the materials used in the products. 
 
 _ Section 2. Inducing Breach of Existvng Contracts. — No member 
 of the Industry shall wilfully induce or attempt to induce the breach 
 of existing contracts between his competitors and their customers by 
 any false or deceptive means, or interfere with or obstruct the per- 
 formance of any such contractual duties or services by any such means 
 with the purpose and effect of hampering, injuring or embarrassing 
 competitors in their business. 
 
 Section 3. Giving of Prizes^ Premiums or Gifts. — No member of 
 the industry shall offer or give prizes, premiums or gifts in connec- 
 tion with the sale of products or as an inducement thereto by any 
 scheme which involves lottery, misrepresentation or fraud. 
 
 Section 4. Threats of Law Swits. — No member of the Industry 
 shall publish or circulate unjustified or unwarranted threats of legal 
 proceedings which tend to or have the effect of harrassing competitors 
 or intimidating their customers. 
 
 Section 5. Es'pionage of Competitors. — No member of the Indus- 
 try shall secure confidential information concerning the business of 
 a competitor by a false or misleading statement or representation, by 
 a false impersonation of one in authority, by bribery., or by any other 
 unfair method. 
 
14 
 
 Section 6. Responsibility of Bidder. — No member of the Industry 
 shall submit a bid which fails to include a provision to the effect that 
 such bid shall not be binding on the bidder unless a contract covering 
 the subject matter of the bid is signed within thirty (30) days after 
 the bid is submitted (or opened in the case of sealed bids) subject, 
 however, to provisions of any existing State or Federal law relating 
 to the submission or opening of bids. 
 
 Section 7. Substitutions and Methods of Manufacture. — No mem- 
 ber of the Industry shall use inferior methods of manufacture and 
 installation or use or substitute materials and/or products inferior 
 in quality to those specified by the purchaser without the consent of 
 the purchaser thereto. Provided, further, that every member of the 
 Industry shall comply with all Federal, State and Local Building 
 Laws, Rules and Regulations regarding methods of manufacture or 
 installation and/or quality requirements. 
 
 Section 8. Bids. — No member of the Industry shall submit a com- 
 petitive bid except in writing and signed by himself or his author- 
 ized representative. All competitive bids on which a closing date has 
 been set shall be enclosed in a sealed envelope, on the outside of which 
 shall appear its identification as a bid for a particular job. Bids shall 
 be tendered only in response to an invitation from a general con- 
 tractor, subcontractor, architect, owner, builder or other agent. It 
 shall be obligatory for each bidder to state in his bid what portion 
 of the work covered by his bid will be furnished only, and, also, what 
 portions will be installed only, and what portions will be furnished 
 and installed, and/or all other conditions of sale. 
 
 Section 9. Wilful Omissions. — No member of the Industry shall 
 wilfully omit in bids items of material and/or work called for by the 
 plans and specifications or schedules, unless he shall mention in his 
 bid whether certain work is or is not to be furnished and/or erected 
 for the price submitted. 
 
 Section 10. Revised Bids. — No member of the Industry shall sub- 
 mit a revised bid on any work covering the products of this Industry 
 after the closing time set for receiving bids. 
 
 Section 11. Changes. — No member of the Industry shall reduce a 
 bid without changes in the specifications and/or plans justifying the 
 same. 
 
 Section 12. Collusion. — No member of the Industry shall, prior 
 to the opening of bids, induce or attempt to induce an architect, 
 owner, contractor, builder, or other agent to reveal any information 
 relative to bids already received. 
 
 Section 13. Conspiring. — No member of the Industry shall aid 
 or abet any person in a violation of any of the provisions of this 
 Supplementary Code. 
 
 Section 14. Bidding Practices. — ^No member of the Industry shall, 
 in any manner, engage in or be a party to the unfair practice known 
 throughout the Industry as " bid Peddling " or " bid shopping." 
 
 (a) Bid peddling in effect means the offering by the bidder prior 
 to the making of an award of a substitute bid or price lower than 
 the one originally bid without a commensurate decrease in the re- 
 quirements of the job. The correction of the abuses resulting from 
 such practice is obtainable by regulation restricting or controlling 
 bidders. 
 
15 
 
 (b) Bid shopping in effect means the effort on the part of the 
 awarding authority to induce a bidder prior to the making of the 
 award to lower his original bid price without a commensurate de- 
 crease in the requirements of the job. 
 
 Section 15. Prohibited Agreemerds. — No member of the Industry 
 shall enter into any agreement or vmderstanding prior to the award 
 of a contract where such award is made as a result of competitive 
 bidding, by which agreement or understanding he agrees to accept a 
 lesser amount for his product and/or services than the amount stated 
 in his bid. 
 
 Section 16. Estimate Records. — No member of the Industry shall 
 submit an estimate or bid without keeping an accurate record of the 
 estimated items and quantities, as well as costs of material and labor 
 pertaining to each item, nor shall he submit a bill for his services 
 without retaining a similar record. 
 
 (a) Each member of the Industry shall submit to the Supple- 
 mentary Code Authority or such Confidential Agent as it may des- 
 ignate such records when called upon so to do for the purpose of 
 investigating a specific complaint. 
 
 Section 17. Bidding on CoTnpetitors'' Design. — No member of the 
 Industry shall knowingly bid on designs, plans and/or specifications 
 submitted to a prospective customer by a competitor without the 
 consent of the individual and/or company originating said designs, 
 plans and/or specifications, unless the prospective customer has paid 
 the cost of such designs, plans and/or specifications to the individual 
 and/or company originating same. 
 
 Section 18. " Lumping " of Labor. — No member of the Industry 
 shall contract with his employees on a lumping basis for the manu- 
 facture, processing and/or installing of the products of the Indus- 
 try, unless such contract provides for the payment of at least the 
 minimum wage and compliance with the labor provisions of Article 
 III of this Supplementary Code." 
 
 Section 19. Terms of Payment. — No member of the Industry 
 shall accept, or offer to accept any contract or order providing 
 terms of payment more favorable than the following : 
 
 On all products produced specially for a given building project 
 ninety per cent (90%) of the value of any material, labor and/or 
 service furnished, delivered and/or installed during the preceding 
 calendar month shall be due and payable on the fifteenth (15th) 
 day of each month following such furnishing, delivering and/or 
 installing and that the balance shall be due and payable within, and 
 not later than thirty (30) days after completion of the contract 
 or order, provided, however, that the retained percentage shall at 
 no time exceed double the value of the material, labor or service 
 remaining to be furnished. 
 
 Interest shall be charged on over due accounts at the maximum 
 legal rate. 
 
 Article IX — 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 Title I of said Act. 
 
16 
 
 Section 2. Such of the provisions of this Supplementary Code 
 as are not required to be included herein by the Act may, with the 
 approval of the National Industrial Recovery Board, be modified 
 or eliminated in such manner as may be indicated by the needs of 
 the public, by changes in circumstances, or by experience. All the 
 provisions of this Supplementary Code, unless so modified or 
 eliminated, shall remain in effect until June 16, 1935. 
 
 Article X — ^Monopolies, Etc. 
 
 No provision of this Supplementary Code shall be so applied as 
 to permit monopolies or monopolistic practices, or to eliminate, 
 oppress, or discriminate against small enterprise. 
 
 Article XI — Price Increases 
 
 Whereas the policy of the Act to increase real purchasing power 
 will be made more difficult of consummation if prices of goods and 
 services increase as rapidly as wages, it is recognized that price 
 increases except such as may be required to meet individual costs 
 should be delayed, and when made, such increases should, so far as 
 possible, be limited to actual additional increases in the seller's costs. 
 
 Article XII — Effective Date 
 
 This Supplementary Code shall become effective on the 10th day 
 after its approval by the President. 
 
 Approved Code No. 84. — Supplement No. 55. 
 Registry No. 1127-01. 
 
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UNIVERSITY OF FLORIDA 
 
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 3 1262 08855 5973