s Approved Code No. 81 — Supplement No. 38 Registry No. 1113—01 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE COMPLETE WIRE AND IRON FENCE INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON JULY 3, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents. Washington, D.C -------- Price 5 cento 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, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. 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, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New 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. 38 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE COMPLETE WIRE AND IRON FENCE INDUSTRY As Approved on July 3, 1934 ORDER Approving Supplementary Code of Fair Competition for the Complete Wise and Iron Fence 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 Complete "Wire and Iron Fence Industry, ami hearing having been duly held thereon: and the annexed report on said Supplementary Code, con- taining findings with respect thereto, having been made and directed to the President : NOW. THEREFORE, on behalf of the President of the United States. 1. Hugh S. Johnson. Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the Presi- dent, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise: do hereby incorporate by reference said an- nexed report and do find that said Supplementary Code complies in ali respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act: and do hereby order that said Supplementary Code of Fair Competition be and it is hereby ap- proved; provided, however, that the provisions of Article VII. Section 1 (a) insofar as they prescribe a waiting period between the filing with the Supplementary Code Authority i i.e. actual receipt by t lie Supplementary ( lode Authority) and the effective date of revised price lists or revised terms and conditions of -ale be ami they are hereby stayed pending my further Order; provided, further, that the provisions of Article VIII, Section 7. which read: "No member of the Industry .-hall fail to register with the Secretary a list of 71888° 829-18 34 (1) the names and addresses of his agents, distributors and jobbers, stat- ing specifically therein the territory, if any, assigned to each." be and they are hereby stayed pending my further Order, which may be issued upon adequate showing by the Industry of the necessity of such provisions; and provided, further, that, pending my aforesaid further Order relative to Article VIII, Section 7, that part of Article II, Section 4 (a) and 4 (b), which reads, "registered dis- tributors, jobbers and agents," be deleted and the following wording be inserted in lieu thereof, " distributors, jobbers and agents ". Hugh S. Johnson, Administrator for Industrial Recovery. Approval recommended : Barton W. Murray, Division Administrator. Washington, D.C., July 3, 1934. REPORT TO THE PRESIDENT The President, TJu White Home. Sib: This is a report on the Supplementary Code of Fair Com- petition for the Complete Wire & Iron Fence Industry, a division of the Fabricated Metal Product's Manufacturing and Metal Finishing and Metal Coating Industry, a hearing having been conducted thereon in Washington. D.C., April 17. L934, which was adjourned and reconvened on May 8, L934, in accordance with the provisions of Title I of the National Industrial Recovery Act. ( ; E N ERAL STATEMENT The Complete Wire& lion Fence Industry, being truly representa- tive of this division of the Fabricated Metal Products Manufactur- ing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition, as provided for in Section 1 of Article VI of the Basic ('ode, 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 HI. 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, l'.»:;:;. are the labor provisions of this Supplementary Code. Article IV establishes a Supplementary Code Authority consist- ing of nine (9) members to be elected by the members of the Indus- try at a meeting called by the Temporary Supplementary ('ode Au- thority, and gives the Administrator power to appoint one additional member without vote, and provides machinery for obtaining statistics and the administration of the Supplementary Code. Article V provides Eor an accounting system and methods of cost finding and or estimating and the determination of a lowest reason- able cost in the event of a destructive price cutting emergency. Article VI provides against selling below allowable cost as deter- mined by a uniform method of costing. Article VII provides for methods of setting up and revising price lists. (3) Article VIII sets forth the unfair trade practices of this Supple- mentary Code which has been especially designed to offset unfair competition in this division of the Industry. Article IX provides against monopolies and monopolistic prac- tices. Article X 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 XI recognizes that price increases be limited to actual additional increases in the seller's costs. Article XII states the effective date and duration of the Supple- mentary Code. FINDINGS The Deputy Administrator in his final report to me on said Sup- plementary Code having found as herein set forth and on the basis of all the proceedings in this matter : I 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 organiza- tion 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 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 industry normally employs not more than 50,000 em- ployees; and is not classified by me 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, includ- ing without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant association is an association truly representative of the aforesaid industry; and that said association imposes no inequitable restrictions on admission to membership therein. (d) The Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Supplementary Code is not designed to and will not elim- inate or oppress small enterprises and will not operate to discrim- inate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplementary Code. For these reasons, therefore, I have approved this Supplementary Code; provided, however, that the provisions of Article VII, Sec- tion 1 (a) insofar as they prescribe a waiting period Wet ween the filing with the Supplementary Code Authority (i.e. actual receipt by the Supplementary Code Authority) and the effective date of revised price lists or revised terms and conditions of sale be and they are hereby stayed pending my further Order; provided, further, that the provisions of Article VIII. Section 7. which read: " No member of the Industry shall fail to register with the Secretary a list of the names and addresses of his agents, distributors and jobbers, stating specifically therein the territory, if any. assigned to each."' be and they are hereby stayed pending my further Order, which may be issued upon adequate showing By the Industry of the necessity of such provisions; and provided, further, that, pending my aforesaid further Order relative to Article VIII, Section 7. that part of Arti- cle II. Section 4 (a) and 4 (b), which reads, " registered distributors, jobbers and agents, be deleted and the following wording be inserted in lieu thereof, "distributors, jobbers and agents". Respectfully, Hugh S. Johnson. Adrnwdstrator. July 3, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE COMPLETE WIRE AND IRON FENCE INDUSTRY A DIVISION OF 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 Recovery Act, the following provisions are established as a Supple- mentary Code of Fair Competition for the Complete Wire and Iron Fence Industry, pursuant to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved by the Pres- ident on the 2nd day of November, 1933, and the provisions of this Supplementary Code shall be the standards of Fair Competition of such Industry and shall be binding upon every member thereof. Article II — Definitions Section 1. The term " Complete Wire and Iron Fence Industry " hereinafter referred to as " the Industry " is defined to mean and include the manufacturing and/or assembling for the purpose of selling and/or furnishing for installing or in place, any one or any combination of the following : (a) Complete wire fences of such types and designs as may be catalogued by one or more members of the Industry as complete chain link and/or wire fences, and which generally consist of woven wire fence fabric, metal posts and other metal parts or fittings. (b) Complete iron fences of such types and designs as may be catalogued by one or more members of the Industry as complete iron fences, made of steel, wrought iron, or other metals, and which gen- erally consist of rails, pickets, posts and other parts. (c) Such wire and iron gates, panels, fan extensions, and other items or fittings which are catalogued by one or more members of the Industry as for use with complete wire or iron fences. (d) Such woven wire fabrics as are not now or hereafter included under any other code and which are used in connection with the com- plete wire fences which are catalogued by one or more members of the Industry. Section 2. The term " manufacturing " as used in Section 1 hereof is defined to mean and include any applicable process beyond the finishing mill shape or foundry operation. Section 3. The term " assembling " as used in Section 1 hereof is defined to mean and include any method or stage of assembly of a complete wire or iron fence. (G) Section 4. The tonn " for the purpose <>f selling and 'or furnishing for installing or in place," is to be defined t<> mean and include a mere sale <>f the products of the Industry or a sale of the products of the Industry and the installation thereof, and provided further: (a) that in the instances of sale in which the members of the In- dustry furnish fence in place on behalf of a construction contractor, or in which members of the Industry furnish fence to others who are n<>t members of the [ndustry nor registered ' distributors, jobbers or agents, but who in turn, contract to d<> the installing for the ultimate user, the installing of the products of the [ndustry at site shall be regarded as being within the provisions of the Code of Fair Competi- tion for the Construction Industry; and further (b) that in the instances of sale in which members of the Indus- try or their registered* distributors, jobbers or agents agree, as a condition of sale, with the ultimate user to furnish fence complete in place, such sales and furnishing in place shall be within the provi- sions f order approving this I 71888 — B29 l • —34 2 8 Section 13. The term "Association " is defined to mean the Wire and Iron Fence Association, or its successor. Section 14. The term " Secretary " as used herein means the Secretary of the Supplementary Code Authority. He shall not be a member of the Industry, nor connected with a member of the Industry, and shall be the Confidential and disinterested Agent of the Supplementary Code Authority. Section 15. The term " Supplementary Code Committee " as used herein is defined to mean the committee authorized to present this Supplementary Code. Article III — Employment Provisions This Industry is a division of the Fabricated Metal Products Manufacturing 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, Novem- ber 2, 1933, including Section I of said Article III, by which the provisions of sub-sections (1), (2) and (3) of Section 7 (a) of Title I of the Act are made conditions of this 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 (CO) days follow- ing the effective date, the Supplementary Code Committee of the In- dustry shall constitute a Temporary Supplementary Code Authority until the Supplementary Code Authority is elected. There shall be constituted within the sixty-day (60) period a Supplementary Code Authority consisting of nine (9) members, to be elected by the mem- bers of the Industry, at a meeting called by the Temporary Supple- mentary Code Authority, upon fifteen (15) days' notice sent by registered mail to all members of the Industr}' whose names may be ascertained by diligent search, who may vote either in person or by proxy. The members of the Supplementary Code Authority first elected shall serve until the following annual meeting of the Asso- ciation in October, 1934, and thereafter members of the Supplemen- tary Code Authority shall be elected by the members of the Industry at a meeting of the members of the Industry to be held at the time and place of each annual meeting of the Association to serve until the following annual meeting. The members of the Supplementary Code Authority shall be elected as follows : (a) Two (2) members who shall be members of the Industry to be elected by a majority vote of all known members of the Industry, present in person or by proxy, each member to have one vote. (b) One (1) member of the Industry who is not a member of the Association to be elected by a majority vote of all known non- members of the Association, present in person or by proxy, each member to have one vote. (c) Six (6) members by a fifty-one percent (51%) vote of mem- bers of the Association, present in person or by proxy weighted on the basis of one vote for each member and as many additional votes as shall equal the quotient obtained by dividing by 50,000 the aggre- gate amount in dollars of the invoiced vain-' <>i' <-< » 1 1 1 j > I tt * • wire and complete iron fence business done by such member within the United States during the preceding calendar year, or any other equitable mathematical process applied to any other factor as experi- ence shall demonstrate t<> be practical, provided, however, that no one member may cast more than thirty-three and one-third percent (."..;';;', ) of the total number of votes cast. A vacancy in the membership of the Supplementary Code Au- thority -hall he tilled by a majority vote of the remaining members of the Supplementary Code Authority: provided, however, that the vacancy to he idled shall he subject t<> the classifications of mem* bership hereinabove mentioned. In addition thereto the Administrator may appoint a member of the Supplementary Code Authority who without vote shall serve without expense to the Industry, unless the Supplementary Code Authority agrees to pay such expense. The representative who may he appointed by the Administrator shall he given reasonable notice, of and may sit at all meetings of the Supplementary Code Authority. Section 2. Each trade association directly or indirectly partici- pating in the selection or activities of the Supplementary Code Authority shall: (1) impose no inequitable restrictions on admis- sion to membership, and (-2) submit to the Administrator true- copies of its Articles of Association, By-Laws, Regulations, and any amendments when made thereto, together with such other informa- tion as to membership, organization, and activities as the Adminis- trator may deem necessary to effectuate the purposes of the Act. Section 3. In order that the Supplementary Code Authority shall at all times he truly representative of the Industry and in other respects comply with the provisions of the Act. the Administrator may prescribe such hearings as he may deem proper; and thereafter if he shall find that the Supplementary Code Authority is not truly representative or docs not in other respects comply with the provi- sions of the Act. may require an appropriate modification in the method of selection of the Supplementary ('ode Authority. Section 4. Nothing contained in this Supplementary Code shall constitute the members of the Supplementary Code Authority part- ners for any purpose; nor shall any member of the Supplementary Code Authority he 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, lie Liable to anyone for any action or omission to act under this Supplementary Code, except for his own willful mal feasance or non-feasance. Section 5. The Supplementary Code Authority shall also from time to time furnish to the Basic Code Authority, designated in said Basic Code, such information as may he required to he furnished under the term- of -aid Basic ( lode. Section 6. The Supplementary Code Authority shall have all the powers ami duties which shall he necessary and proper to enable it 10 to fully administer this Supplementary Code and to effectuate its purposes. Without limitation to the foregoing or any other powers or duties provided for in this Supplementary Code, the Supplementary Code Authority shall have the following specific duties: (a) To adopt By-Laws and Rules and Regulations for, and keep records of its procedure and the administration of this Supplemen- tary Code. (b) To obtain from members of the Industry such information and reports as are required for the administration of this Supple- mentary Code. In addition to information required to be submitted to the Supplementary Code Authority, members of the Industry sub- ject to this Supplementary Code shall furnish such statistical in- formation as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such Federal and State agen- cies as he may designate; provided that nothing in this Supplemen- tary Code shall relieve any member of the Industry of any existing obligations to furnish reports to any Governmental agency. No individual report shall be disclosed to any other member of the Industry or any other party except to such other Governmental Agencies as may be directed by the Administrator. (c) To use such trade associations and other agencies as it deems proper for the carrying out of any of its activities provided for herein, provided that nothing herein shall relieve the Supplementary Code Authority of its duties or responsibilities under this Sup- plementary Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof. (d) To make recommendations to the Administrator for the co- ordination of the administration of this Supplementary Code with such other codes, if any, as may be related to the Industry. (e) It being found necessary in order to support the administra- tion 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 authorized : (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 purpose of this Supplementary Code-; (2) To submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he 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 ; (3) After such budget and basis of contribution have been ap- proved by the Administrator, to determine and obtain equitable con- tribution as above set forth by all members of the Industry, and to that end, if necessary, to institute legal proceedings therefor in its own name. Each member of the Industry shall pay his or its equitable con- tribution to the expenses of the maintenance of this Supplementally Code Authority, determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administra- 11 tor. Only members of the Industry complying with the Supple* mentary Code and contributing to the expenses of it- administration as hereinabove provided, shall be entitled t<> participate in the selec- tion of members of the Supplementary Code Authority or to receive the benefits of ani of its voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. The Supplementary Code Authority shall neither incur nor pay any obligation in excess of the amount thereof as estimated in its approved budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expendi- tures in excess of prior budget estimates except those which the Administrator shall have approved. (f) To appoint a trade practice committee which shall meet with the trade practice committees appointed tinder such other codes as may he related to the Industry for the purpose of formulating fair practices to govern the relationships between production and distri- bution employers under this Supplementary Code and under such other codes to the end that such fair trade practices may he proposed to the Administrator as amendments to this Supplementary Code and such other code.-. Su tiox 7. To the extent permitted by the Act and subject to such rules and regulations as the Administrator may prescribe, any or all information furnished to the Supplementary Code Authority shall be subject to check by an impartial agent or agency agreed upon by the Supplementary Code Authority and the member of the Industry in question, and failing such agreement such impartial agent or agency shall he appointed by the Administrator, for the purpose of verification by an examination of the pertinent books, accounts and records of such member of the Industry. Section' 8. The members of the Industry shall report to the Supplementary Code Authority any complaints regarding an alleged infraction of this Supplementary Code. The Supplementary Code Authorit}* shall investigate alleged violations of this Supplementary Code under such rules and regulations as the Administrator may prescribe. Section 9. If the Administrator believes that any action of the Supplementary Code Authority or any agency thereof is unfair or unjust or contrary to the public interest, the Administrator may re- (|iiire that such action he suspended to afford an opportunity for - in- vestigation of the merits of such action. Further action by such Supplementary Code Authority or agency regarding the matter com- plained of may he taken if approved by the Administrator, hut shall not be taken if disapproved by the Administrator within thirty (30) .lay- of notice to him of intention to proceed with such action. Abttcle V — Accounting and Costing S] tiox 1. The Supplementary Code Authority shall cause to be formulated an accounting system and method- of co-t finding and or estimating capable of use by all mem hers of the Industry. After such system ami method- have been formulated and approved by the Administrator, full details concerning them shall be made available to all members. Thereafter, all members of the Industry shall deter- 12 mine and/or estimate costs in accordance with the principles of such methods. Section 2. When the Supplementary Code Authority determines that an emergency exists in this Industry and that the cause thereof is destructive price-cutting such as to render ineffective or seriously endanger the maintenance of the provisions of this Supplementary Code, the Supplementary Code Authority may cause to be deter- mined the lowest reasonable cost of the products of this Industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, dis- approve, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any mem- ber of the Industry to sell or offer to sell any products of the Industry for Avhich the lowest reasonable cost has been determined at such prices or upon such terms or conditions of sale that the buj-er will pay less therefor than the lowest reasonable cost of such products. When it appears that conditions have changed, the Supplementary Code Authority, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. Article VI — Selling Below Cost No member of this Industry shall sell or exchange any of the products of this Industry, at a price, or upon terms and conditions, which will result in the purchaser pa}dng for the goods received less than the allowable cost thereof to the seller, determined in accord- ance with a uniform method of costing above described; provided, however, that dropped lines, or seconds or inventories on hand which must be converted into cash to meet emergency needs may be dis- posed of by any member of the Industry, at any price and on any terms and conditions, but only if such member of the Industry has filed with the Supplementary Code Authority or its Secretary, prior to such sale or offer to sell, a statement in writing, setting forth the fact of, and reasons for, such proposed disposal. Any member of this Industry may sell below his costs in order that he may meet competitive prices filed in accordance with the provisions of Article VII of this Supplementary Code, or to meet competition from products of equivalent design, character, quality, or specifications, manufactured outside the United States, provided that the competi- tor is not violating this Supplementary Code. Article VII — Price Lists Section 1. (a) Each member of the Industry shall within ten (10) da} 7 s after notice from the Supplementary Code Authority file with the Supplementary Code Authority a list or lists which shall show his current list or net prices for all complete wire and iron fences, or parts thereof, under this Supplementary Code, also current charges made for installing such fences and such parts thereof, also discounts, if any, also definite specifications and trade practices governing the use or application of such prices, charges and/or dis- counts and the Supplementary Code Authority shall immediately and simultaneously send copies thereof to all known members of the 13 Industry and such price lists shall be made available to all interested parties at the office of the Secretary. Revised price lists may be filed from time to time thereafter with the Secretary, to become effective ten (10) day- after date of actual receipt by tne Secretary, unless the Supplementary Code Authority shall authorize a shorter period. Copies of revised price Lists with aotice of the effective date specified shall immediately and simultaneously be sent to all known members of the [ndustry and shall be available at the office of the Secretary to all interested parties, and any member of the Industry may file, if he so desires, comparable revisions of his price lists which shall become effective upon the date when the revised price Ii-;s first filed shall go into effect. 9 (b) Provided further, that such special parts and installations as can not be included in the aforementioned filed prices shall be priced when and as sold in accordance with the provisions of Articles V and VI of this Supplementary Code. Section _. No member of the Industry shall sell, directly or in- directly, by any means whatsoever, any product of the Industry covered by provisions of this Article VII at a price or at discounts or on other conditions of sale different than those provided in his own price list-, or juice li-ts and discount sheets, as tiled with the Secretary. Section :>. Each member of the Industry shall send the Secretary two (2) copies each of his price lists, discount schedules, and cata- logs and as many additional copies as lie may require for distribu- tion to other members of the Industry. Sit HON 4. The maximum rates of discount for early payment and maximum periods of free credit applicable under this Supplementary Code shall lie : (a) On materials only. %% ten day-. :)•) days net. (b) On installation or other services. '1'', ten days. 80 days net. (c) On contracts or orders for material- to be installed, "I'',- ten days, :'><> days i c Article VI II — Unfair Trade Practices In addition to the Unfair Trade Practices covered by Article V of the Basic Cod" (except Section A) which are included herein as Chough repeated ami set forth at length, and for all purposes of this Supplementary Code, the following described acts shall con- stitute unfair practices. Any member of this Industry who shall directly, or indirectly through any officer, employee, agent or repre- sentative, use <>i employ any of such unfair practices shall he guilty of a violation of this Supplementary Code. Section 1. No member of the Industry shall procure, otherwise than with the consent of any member of the Industry, any informa- tion concerning the business of such member which is properly regarded by it as a trade secret or- confidential within it.- organiza- tion, other than information relating to a violation of any provision of the Basic or Supplementary Code. paragraph i of order approving this Ode. 14 Section 2. No member of the Industry shall willfully induce, or attempt to induce, a breach of existing contracts between com- petitors and their customers, b}' any false or deceptive means or interfere with or obstruct the performance 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. No member of the Industry shall aid or abet any person, firm, association or corporation in any practices determined to be unfair trade practices in accordance with the provisions of this Supplementary Code. Section 4. No member of the Industry shall make or give to a purchaser any guaranty or protection in any form against decline in prices. Section 5. No member of the Industry shall use or substitute any material or method of manufacture not in accord with any ap- plicable law, rule or organization of any governmental authority, or not in accord with the specifications for materials and/or instal- lation filed by him with the Secretary. Section 6. No member of the Industry shall guarantee the effective use or life of a complete wire or iron fence, except that he may guarantee workmanship and materials. Section 7. No member of the Industry shall fail to register with the Secretary a list of the names and addresses of his agents, dis- tributors and jobbers, stating specifically therein the territory, if any, assigned to each. 3 Section 8. No member of the Industry shall render or deliver to any purchaser not under contract as a jobber, distributor or agent, in, or in connection with a sale, any material or services, unless fair compensation for such shall be paid by purchaser. Section 9. No member of the Industry shall ship goods on con- signment, except under circumstances to be defined by the Supple- mentary Code Authority and approved by the Administrator. Section 10. No member of the Industry shall sell or deliver a complete wire or iron fence which contains in whole or in part any finished material and/or fence parts which are not manufactured within the United States unless the purchaser thereof shall have been previously and definitely informed by the member that the fence, in whole or in part, contains such imported material. Section 11. Every employer shall provide for the safety and health of employees during the hours and at the places of their employ- ment. Standards of safety and health shall be submitted by the Supplementary Code Authority to the Administrator within three (3) months after the effective date of the Supplementary Code. Article IX — Monopolies 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 enterprises. ■ See paragraph 2 of order approving this Coda. 15 Article X — Modifica lions Section 1. Th is Supplementary ('ode and all the provisions thereof arc expressly made subject to the right of the President, in accordance with the provisions of Sub-section (b) of Section LO of the Act, from time to time, cancel or modify any order, approval, license nilc or regulation issued under Title I of said Act. Section 2. This Supplementary Code, except as to provisions re- quired by the Act, may be modified on the basis of experience or changes in circumstances, such modification to be based upon applica- tion by the Supplementary Code Authority or other representative group within the Industry to the Administrator and such notice and hearing as he shall specify; and to become effective and be a part of this Supplementary Code on approval by the Administrator. 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 in- creases 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 and Duration This Supplementary Code shall become effective at 12:01 o'clock A.M.. Eastern Standard Time, on the tenth day after it is approved by the President. Approved Code No. 84 — Supplement No. 38. Registry No. 1113-01. o UNIVERSITY OF FLORIDA 3 1262 08856 0536