• Approved Code No. 347 — Supplement No. 11 Registry No. 1326 — 03 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CONTRACTORS' PUMP INDUSTRY (A Division of the Machinery and Allied Products Industry) AS APPROVED ON JUNE 5, 1934 WE DO OUR PART UNiV. OF FL LI8. , ' i DOCUilENTS DEPT. J I A kl U.S. DEPOa^TORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ........ Price S cents 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 Customliouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. 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Approved Code No. 347 — Supplement No. 11 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CONTRACTORS^ PUMP INDUSTRY As Approved on June 5, 1934 ORDER Supplementary Code of Fair Competition tor the Contractors' Pump Industry A DIVISION OF the MACHINERY AND ALLIED PRODUCTS INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Supple- mental Code of Fair Competition for the Contractors' Pump Sub- division of Machinery and Allied Products Industry, and hearings having been duly held thereon and the annexed report on said Sup- plemental Code containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the 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 Supplemental Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act ; and do hereby order that said Supplemental Code of Fair Competition be and it is hereby ap- proved subject to the condition that the provisions of Article VIII, Section (a), insofar as they prescribe a waiting period between the filing with the Code Authority (or such agency as may be designated in the Supplemental Code) and the effective date or price lists, as originally filed and/or revised price lists or revised terms and con- ditions of sale, be and they hereby are stayed pending my further order. Hugh S. Johnson, Administrator for Industrial Recovery. Approval recommended: A. R. Glancy, Dims-lon Administrator. Washington, D.C, June 5, 1934-. 65340° 657-24 34 (1) EEPORT TO THE PRESIDENT The President, The 'White House. Sm: This is a report on the Supplemental Code of Fair Competi- tion for the Contractors' Pump Subdivision of the Macliinery and Allied Products Industry, public hearing having been conducted thereon in Washington, D. C, December 21, 1933 in accordance with the provisions of Title I of the National Industrial Recovery Act. Every person who filed a request for an appearance was freely heard in public and all statutory and regulatory requirements were complied with. GENERxVL STATEMENT The Contractors' Pump Manufacturers Institute, being truly rep- resentative of this Subdivision of the Machinery and Allied Products Industrj^, has elected to avail itself of the option of submitting a Supplemental Code of Fair Competition, as provided in paragraph (2), Article I of the Basic Code for the Machinery and Allied Prod- ucts Industry approved by you on the sevent.eenth day of ISIarch, 1934. This Subdivision represents a part of the capital goods industry, manufacturing and selling dewatering and pressure pumps of the following types: diaphragm, standard centrifugal up to 8" in size and self priming centrifugal up to 6" in size for dewatering pur- poses; plunger and piston type trench pumps; contractors' water supply pumps, and road pumps and parts thereof, intended for use by contractors in the construction industry. ECONOMIC EFFECT In 1929 this Subdivision of the Industry employed approximately 341 persons including office employees. Approximately 282 are es- timated to have been factory wage earners. Since 1929, total em- plovment declined from 341 persons to about 135 as of October 15, 1933, or 60%. Estimated annual sales in 1929 amounted to $1,705,000. In 1930, they increased to $2,010,000 and declined thereafter to $645,000 in 1932, or 67%. The minimum hourly rates in the approved Basic Code (of which this is a supplement) consist of one differential for the South and three city population differentials for all other sections of the United States : Over 50,000 population 40 cents per liour. 10,000 to 50,000 population 38 cents per hour. 10,000 and under 36 cents per hour. South 32 cents per hour. (2) In addition to the minimum wage rates shown above, the Basic Code provides that women engaged in substantially the same work as men shall receive the same rate of pay as such men employees ; that the minimum wage for women employees engaged in plant opera- tions shall be not less than 87.5 per cent of the proper rate for the locality in which employed as specified; and that the minimum in the South shall be not less than 32 cents per hour. Based on the distribution in June 1933 and on the specified per- centages of the number of factory workers receiving less than the designated rates shown in the table below, the adoption of the pro- posed minimum rates will probably cause an increase in factory pay- rolls. The estimated increase in June 1933, regardless of location of the workers, will probably, under the most favorable conditions, not exceed about 4 per cent, assuming only upward adjustment in the brackets below the 40-cent minimum and no change in man-hour requirements. Estimated number of factory workers receiving less than desiffnatcd Iwvrly rates Propos3d minimum hourly rates Distribution of factory workers receiving less thian the min- imum regardless of location Approx- imate percent Approx- imate num- ber 40 cents (other U.S.) 38 cents (other U.S.) 86 cents (other U.S.) 82 cents (South) 54.3 35.7 17.3 5.0 RESUME OF THE SUPPLEMENTAL CODE Article I states the purpose of the Supplemental Code. Article II accurately defines specific terms employed in this Supplemental Code. Article III. The labor provisions of the Basic Code for the Machinery and Allied Products Industry as approved March 17, 1934, are incorporated by reference as the labor provisions of this Supplemental Code. Article IV adops the relevant portions of Article II, " Definitions " and Article VI, "Administration"; and Articles VIII, "Modifica- tions and Termination ", and IX, " Withdrawal " of the Basic Code for the Machinery and Allied Products Industry, as approved March 17, 1934. Article V establishes a Code Authority consisting of five members. The Administrator in his discretion may appoint one additional member (without vote and without expense to the Subdivision). Article VI provides for an accounting system and methods of cost finding and/or estimating. Article VII provides that when an emergency exists in this Sub- division and when the cause thereof is destructive price-cutting, such as to render ineffective and seriously endanger the maintenance of the provisions of this Supplemental Code, the Code Authority may cause to be determined the lowest reasonable cost of the products of this Subdivision. Tlie Administrator may approve, disapprove or modify the determination. Article VIII provides methods of setting up and revising price lists. Article IX provides certain standards as to conditions of sale peculiar to this Subdivision, with a view to eliminating unfair com- petition in this Subdivision. Article X sets forth the unfair trade practices which have been especially designed to restrain unfair competition in this Sub- division. Article XI defines export territory and provides that filed price lists are not applicable to export shipments. Article XII contains the mandatory provisions contained in Sec- tion 10 (b) of the Act and also provides for the submission of pro- posed amendments to the Supplemental Code. Article XIII provides for the withdrawal of this Subdivision from jurisdiction of the Basic Code and for the continued functioning of this Subdivision as an individual industry under its own code. Article XIV stipulates that there shall be no inequitable restric- tions and provides against monopolies. Article XV gives tlie effective date of this Supplemental Code. FINDINGS The Deputy Administrator in his final report to me on said Sup- plemental Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that : (a) Said Supplemental 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 purpose 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), b}^ increasing the consumption of in- dustrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, 'by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Subdivision normally employs not more than 50,000 employees, and is not classified by me as a major industry. (c) The Supplemental 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 institute is an industrial institute truly representative of the aforesaid Subdivision of the industry ; and that said institute im- poses no inequitable restrictions on admission to membership therein. (d) The Supplemental Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Supplemental Code is not designed to and will not elim- inate or oppress small enterprises and will not operate to discriminate against them, (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplemental Code. For these reasons, therefore, I have approved this Supplemental Code, provided that certain provisions relating to price publication are stayed as stated in the Order. Respectfully, Hugh S. Johnson', A dmi7iistrator. June 5, 1934. SUPPLEMENTAKY CODE OF FAIR COMPETITION FOR THE CONTRACTORS' PUMP INDUSTRY A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY Article I — Purposes To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Sup- plemental Code for the Contractors' Pump Subdivision of the Machinery and Allied Products Industry, and together with the Code of Fair Competition of Machinery and Allied Products In- dustry shall be the standard of fair competition for this Subdivi- sion and shall be binding on every employer therein. Article II — Defiisitions "Applicant " means the Contractors' Pump Manufacturers In- stitute, a Trade organization, which organization is truly repre- sentative of this Subdivision, all members of which are engaged in the manufacture for sale of the products of the Contractors' Pump Subdivision of the Machinery and Allied Products Industry. " Industry " means the Machinery and Allied Products Industry, as defined in its Code of Fair Competition as approved by the Presi- dent March 17, 1934, and as such definition may from time to time be amended. " Subdivision " means this Contractors' Pump Subdivision of the Machinery and Allied Products Industry as defined and set forth in Paragraph (7) of Article II of the National Industrial Recovery Code of the Machinery and Allied Products Industry as follows : " Contractors' Pump Subdivision means the manufacture for sale of dewatering and pressure pumps of the following types: dia- phragm, stanclard centrifugal up to 8" in size and self priming centrifugal up to 6" in size for dewatering purposes; plunger and piston type trench pumps ; contractors' water supply pumps, and road pumps and parts thereof, intended for use by contractors in the construction industiy, and includes all those engaged in such manufacture for sale." " Code " means the Code of Fair Competition for the Machinery and Allied Products Industry, as approved by the President March 17, 1934, and as from time to time amended. " Person " means a natural person, a partnership, a corporation, an association, a trust, a trustee, a trustee in bankruptcy, a receiver, or other entity. " Employer " means any person engaged in this Subdivision either on his own behalf or as an employer of labor. (6) " Employee " means anyone who is employed in the Subdivision by any such employer. " The Act " means Title I of the National Industrial Recovery Act, " The President " means the President of the United States. " The Administrator " means the Administrator for Industrial Recovery. " Basic Code Authority " means the Code Authority for the Ma- chinery and Allied Products Industry as constituted by the Code. " Code Authority " means the Code Authority constituted for this Subdivision as provided by the Code and by this Supplemental Code. " Group Code Authority " means the Code Authority for any group or product classification within this Subdivision. " Publish " means to make available to the public. Article III — Employment Pko-vt;sions The following Articles of the Code, viz : Article III " Working Hours " ; Article IV, " Wages " ; and Article V, " General Labor Provisions ", are hereb}^ made a part of this Supplemental Code, with the same effect as if they wr^e written into this Suj^plemental Code. Article IV — Adoption or Other Pro\^sions or Code The following Articles of the Code, viz : Article II, " Definitions " and Article VI, "Administration ", to the extent that they shall be applicable to this Supplemental Code as such or as it may hereafter be administered as an autonomous Code ; Article VIII " Modifications and Termination " ; and Article IX " Withdrawal " ; are hereby adopted and made a part of this Supplemental Code with the same effect as if they were written into this Supplemental Code. Aeticle V — Administration A Code Authority is hereby constituted to effectuate the admin- istration of this Supplemental Code. (a) During the period, not to exceed sixty days following the effective date of this Supplemental Code, the Executive Committee of the Applicant shall constitute a temporary Code Authority. This temporary Code Authority shall consist of five members and the Administrator, in liis discretion, may appoint one additional member (without vote and without expense to the Subdivision). For the purpose of electing a permanent Code Authority the tem- porary Code Authority shall, within sixty (60) days after the effec- tive date of this Supplemental Code, call a meeting to which all known employers shall be invited, (on at least ten (10) days notice by registered mail) with the right to vote either in person or by proxy. This permanent Code Authority shall consist of five (5) members, and the Administrator in his discretion, may appoint one additional member (witliout vote and w^^hout expense to the Sub- division). The members of the Code Authority shall be elected by a vote of the employers present in person, or by proxy, each employer to have one vote only. 8 Members of Code Authority shall hold office for one year or until their successors are elected. Action by employers in any Subdivision meeting for the adoption of procedural rules, revisions or additions to this Supplemental Code, or the transaction of other business of the Subdivision, shall be by vote of employers entitled to vote as provided in this Article V, who are present in person or by proxy duly executed and filed with Code Authority, cast and computed in the manner provided in Sec- tion (d) Article VI of the Code. Any employer in the Subdivision shall be eligible for membership in the Applicant. Any employer in the Subdivision shall be entitled to vote on, and share in the benefits of, the activities of the Code Authority and participate in any endeavors of the Code Authority in the preparation of any revisions of, or additions or supplements to, this Supplemental Code, hj pajing his proper prorata share of the reasonable cost of administering it, as determined by the Code Authority. (b) Aggregations of employers having a common interest and common problems may be grouped by Code Authority for admin- istrative purposes into various groups or product classifications. In each group or product classification, there may be a Group Code Authority, approved or appointed by Code Authority. If formal complaint is made to Code Authority that provisions of this Supplemental Code have been violated by any employer, the Code Authority or proper Group Code Authority may, to the extent permitted by the Act, cause such investigation or audit to be made as may be deemed necessary. If such investigation is made by the Group Code Authority, it shall report the results of such investiga- tion or audit to Code Authority for action. The Code Authority shall, to the extent permitted by the Act, have the right to investigate and analyze any transaction coming under the scope of this Supplemental Code, on which any unfair competition is alleged. (c) In order that the Code Authority shall at all times be truly representative of the Subdivision and in other respects comply with the provisions of the Act, the Administrator may provide such hear- ings as he may deem proper ; and thereafter if he shall find that the Code Authority is not truly representative or does not in other re- spects comply with the provisions of the Act, may require an ai:)pro- priate modification in the method of selection of the Code Authority, or any Group-Code Authority. Any vacancy on the Code Authority, due to death, resignation, or because a member thereof has ceased to be connected with this Sub- division, shall be filled at a meeting of employers called by the Code Authority on at least ten days' notice by registered mail sent to all known employers in this Subdivision, and by a vote similar to the vote by which the retired member was originally selected. (d) The Code Authority mav appoint a Trade Practice Com- mittee which shall meet with the Trade Practice Committees ap- pointed under such other Codes as may be related to the Subdivision for the purpose of formulating fair trade practices to govern the relationships between production and distribution employers under this Supplemental Code and under such others to the extent that such fair trade practices may be proposed to the Administrator as amend- ments to this Supplemental Code and such other codes. Akticle VI — Accounting and Costing The Code Authority shall cause to be formulated an accounting system and methods of cost finding and/or estimating capable of use by all employers of the Subdivision. After such system and methods have been formulated, full details concerning them shall be made available to all employers. Thereafter, all employers shall determine ancl/or estimate costs in accordance with the principles of such methods. Akticle VII — Selling Below Reasonable Cost When the Code Authority determines that an emergency exists in this Subdivision and that the cause thereof is destructive price- cutting such as to render ineffective or seriously endanger the main- tenance of the provisions of this Supplemental Code, the Code Authority may cause to be determined the lowest reasonable cost of the products of this Subdivision, such determination to be sub- ject to such notice and hearing as the Administrator may require. The Administrator may approve, disapprove, or modify the deter- mination. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any employer of the Subdivision to sell or offer to sell any products of the Subdivision for which the lowest reasonable cost has been determined, at such prices or upon such terms or conditions of sale that the buyer will pay less therefor than the lowest reasonable cost of such products. When it appears that conditions have changed, the Code Author- ity, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. Article VIII — Price Lists (a) If and when the Code Authority determines that in any group of the Subdivision it has been the generally recognized practice to sell a specified product on the basis of net price lists, or price lists with discount sheets, and terms of sale and payment, each employer engaged in the manufacture of such product shall, within ten (10) days after notice of such determination, file with Code Authority, a net price list, or a price list with discount sheet, as the case may be, individually prepared by him, shov/ing his current prices, or prices and discounts, and terms of sale and payment and the Code Author- ity shall immediately publish and send copies thereof to all known employers who are cooperating under this Supplemental Code and engaged in the manufacture of such specified products. Revised price lists and/or discount sheets and/or terms of sale and payment may be filed from time to time thereafter with the Code Authority by any such employer, to become operative upon the date specified therein, but such revised price lists and/or discount sheets and/or terms of sale and payment shall be filed with Code Authority 10 ten (10) days in advance of the operative date. Copies thereof, with notice of the operative date specified, shall be immediately pub- lished and sent to all known employers who are cooperating under this Supplemental Code, any of whom may file, if he so desires, re- visions of his price lists and/or discount sheets and/terms of sale and payment, which shall become effective upon the date when the revised price list and/or discount sheets and/or terms of sale and payment first filed shall go into effect.^ (b) If and when the Code Authority shall determine that in any group of the Subdivision not now selling its product on the basis of price lists, with or without discount sheets, with fixed terms of sale and payment, the distribution or marketing conditions in the group are the same, or similar to, the distribution or marketing conditions in a group where the use of price lists, with or without discount sheets and fixed terms of sale and payment is well recognized, and that a system of selling on net price lists or price lists and discount sheets with fixed terms of sale and payment should be put into effect in such group, then each employer in such group shall within twenty (20) days after notice of such determination, file with the Code Au- thority net price lists or price lists and discount sheets, with fixed terms of sale and payment, showing his prices and discounts and terms of sale and payment, and such price lists and/or discount sheets and/or terms of sale and payment may be thereafter revised in the manner hereinabove provided. Provided that Code Authority shall make no determination to place any product of the Subdivision (not now on a price list basis) on a price list basis, as provided in this paragraph (b) of Article VIII unless affirmative consent to such de- termination is given by a 66%% vote of employers who are cooperat- ing in this Supplemental Code and who are at that time engaged in manufacturing such product. The eligibility requirements, method, and effect of such voting shall be the same as provided in the Code and in Article V hereof. (c) Code Authority, for the purpose of determining the lowest reasonable cost, shall, to the extent permitted by the Act, have power, on its own initiative, or on the complaint of any employer, to investi- gate any price or the terms of sale and payment tor any product; and, for the purpose of the investigation thereof, to require such em- ployer to furnish such information concerning the cost of manufac- turing and selling such product as Code Authority shall deem neces- sary or proper for such purpose, and as the Act may allow. No employer shall sell directly or indirectly by any means what- soever, any product of the Subdivision covered by provisions of this Article VIII at a price or at discounts, or on terms of sale and payment, different from those provided in his own current net price list^, or price lists and discount sheets, and terms of sale and payment. Article IX — Conditions op Saub Section 1. Published prices shall include shipping weights and all prices shall be f.o.b. employers works; provided, however, that any employer may quote a delivered price to the Federal Government, or any State, County, or Municipal Government, on any product or * See paragraph 2 of order approving this Coda. 11 the Subdivision, which price shall not be less than the lowest filed f.o.b. factory price plus the actual transportation charges from the plant most favorably located with relation to point of delivery. Section 2. On sales from warehouse stocks, the price shall not bo less than the published price together with the freight at the carload rate to place of delivery. Section 3. In the sale of products no express guaranty of mate- rials and workmanship shall be made to be effective beyond six (6) months after date of shipment. Article X — Unfair Trade Practices Each of the following acts and practices is deemed to be inimical to the best interests of the Subdivision and of the public, and each is, therefore, hereby declared to be, and to constitute, an unfair method of competition and is hereby prohibited ; viz : (a) The renting of any new product with the object of con- verting the transaction into a sale, provided, however, that this pro- vision shall not prevent the renting of products of the Subdivision on bailment leases in those states where such transactions are legally recognized. (b) Selling any new product subject to acceptance after a trial or demonstration on the purchaser's job, except that in the case of the first new product of any distinctly new type or size, with new model designation, if no product of the same type and size has previously been sold, or in any case where a product may be sold to be employed for a distinctly recognized new use, any employer may include in the contract of sale a provision permitting rescission of the contract by the customer within ninety (90) days from date of shipment. (c) Agreeing upon, by option or otherwise, with any prospective purchaser of any new product, the price of a future sale; or agree- ing to give any purchaser of any new product any reduction in the contract sales price contingent on future price reductions. (d) The sale or offering for sale of any discontinued or non-cur- rent model product as a new model or current machine, provided, however, that when a discontinued or non-current model machine is offered for sale, the quotation to the prospective purchaser shall show in writing the age of the discontinued or non-current model product, and the serial number and price thereof. (e) The sale of any product upon other than a unit price basis. (f) No employer of the Subdivision shall require that the pur- chase or lease of any products of the Subdivision be a prerequisite to the purchase or lease of any other products. (g) So long as the maker of any product of this Subdivision bear- ing the maker's name or trademark, which has required special designing, research or development expense (or his successor in busi- ness) continues to make and supply such spare, repair and replace- ment parts therefor, it shall be an unfair trade practice for any other person to manufacture any repair parts for such product of the Subdivision unless the name of such other person manufacturing such repair part shall be plainly marked on the part (or, if this be impracticable, on the package or tag) so that the ultimate user may be clearly informed that such repair part was not made by the 12 original maker (or successor to such maker) of th© product of the Subdivision for which said repair part is manufactured. (h) The secret payment or allowance of a rebate, refund, commis- sion, credit, unearned discount, or excess allowance in the form of money or otherwise, or the offering or extending to any customer any special privilege not extended to all customers of the same class, for the purpose of influencing a sale. (i) The payment, or promise to pay, to any agent, fiduciary, or representative, of money or valuable thing, with or without the knowledge of his principal for the purpose of influencing any sale to his principal. This provision shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as hereinabove defined. (j) No employer of the Subdivision 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, ^ade, quality, quantity, origin, size, substance, character, nature, finish, material, content or preparation) or credit terms, values, policies, services, or the nature or form of the business conducted. (k) The publishing or circularizing of any threat or suit for infringement of patents or trade-marks, or of any other legal pro- ceedings, not in good faith which would tend to harass competitors or intimidate their customers. (1) Any discrimination between purchaser3 of the same class, by the sale of any article having a published price, at any price below the seller's published price, by means of direct or indirect price concessions, or by means of any privilege not extended to Buch purchasers generally. (m) The engaging in destructive price-cutting by any employer in the Subdivision. Article XI — Sales for Export The provisions of this Supplemental Code concerning pricing and marketing (Articles VII, VIII and IX) shall not apply to direct export sales of any product or to sales of any product des- tined ultimately for export. The term " export " shall include all shipments to all places without the several states of the United States and the District of Columbia; provided, however, that no shipment to any territory or possession of the United States shall be con- sidered an export when any employer is engaged in tlie Subdivi- sion in such territory or possession. Article XII — Modifications (a) As provided by Section 10 (b) of the Act, the Pre3ident may from time to time cancel or modify any order, approval, license, rule or regulation issued under Title I of the Act. (b) Any amendments, additions, revisions, or supplements of this Supplemental Code, proposed by Code Authority, and ap- 13 proved by 66%% of the employers, shall be in full force and effect upon approval by the President. The eligibility requirements, method, and effect of such voting shall be the same a^ provided in the Code and in Article V hereof. Article XIII — Withdrawal Upon thirty (30) days' notice to Basic Code Authority and to the Administrator this Subdivision may, upon the concurring affirm- ative vote of employers within the Subdivision entitled to cast two-thirds or more of all the votes that might be cast by all em- ployers within the Subdivision entitled to vote thereon, withdraw irom the jurisdiction of Basic Code Authority. The eligibility of voters and the method and effect of such voting shall be in accord- ance with the provisions of Section (d) of Article VI of the Code and with the provisions of this Supplemental Code. Thereafter this Supplemental Code, together with the provisions of the Code except such portions of Articles I, II, VI. and VII as are not per- tinent thereto, as determined by the Code Authority and the Admin- istrator, shall become and be the code governing this Subdivision, and the Code Authority shall for this Subdivision become and be the only Code Authority, and shall perform all the functions with respect thereto. Article XIV — Monopolies Applicant imposes and shall impose no inequitable restrictions on membership therein. The Supplemental Code presented by it is not designed to promote monopoly and shall not be so construed or applied as to oppress or eliminate small enterprises or discrimi- nate against them, and is designed to effectuate the policy of the Act. Article XV — Effective Date This Supplemental Code shall become effective and binding on all persons engaged in the Subdivision on the eleventh day after its approval by the President. Approved Code No. 347 — Supplement No. 11. Registry No. 132G-03. o