Approved Code No. 4 — Supplement No. 2 Registry No. 1308—16 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PORTABLE ELECTRIC LAMP AND SHADE INDUSTRY (A Division of the Electrical Manufacturing Industry) AS APPROVED ON JUNE 27, 1934 E DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1931 For sale by the Superintendent of Documents, Washington, D.C. Price 5 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 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, lU. : Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. 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Approved Code No. 4 — Supplement No. 2 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PORTABLE ELECTRIC LAMP AND SHADE INDUSTRY As Approved on June 27, 1934 ORDER Supplementary Code of Fair Competition for the Portable Electric Lamp and Sliade Industry a diwsion of the electrical manufacturing industry An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Supple- mental Code of Fair Competition for the Portable Electric Lamp and Shade Sub-Division of the Electrical Manufacturing Industiy, and hearings having been duly held thereon and the annexed report on said Supplemental Code containing findings with respect thereto, having been made and directed to the President : NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Supplemental Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said. Supplemental Code of Fair Competition be and it is hereby approved. Hugh S. Johnson, Ad7ni'mstrator for Industrial Recovery. Approval recommended : Barton W. Murray, Acting Division Ad'ininistrato7\ Washington, D.C, June 27, 103J^. 70515° 057-1G5 34 (1) REPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplemental Code of Fair Com- petition for the Portable Electric Lamp and Shade Manufacturing Industry, a Subdivision of the Electrical Manufacturing Industry, Public Hearing- having been conducted thereon in Washing'ton, D.C., June 12, 1934, in accordance with the provisions of Title I of the National Industrial Recovery Act. Every person who filed a request for an appearance at the Public Hearing was heard in ac- cordance with regulations of the National Recovery Administra- tion. The Code was ])resented by duly qualified and authorized representatives of the Industry, claiming to represent seventy-five (75%) 4)ercent of tlie aggregate production of the Industry. GENERAL STATEMENT The Portable Electric Lamp and Shade Manufacturing Industry, as represented by the National Electrical Manufacturers Associa- tion, being truly representative of this Subdivision of the Electrical Manufacturing Industry', has submitted a Supplemental Code of Fair Competition to the Basic Code for the Electrical Manufac- turing Industry, approved by you August 4, 1933. The Portable Electric Lamp and Shade Subdivision of the Electrical Manu- facturing Industrv is defined to mean the manufacture for sale of Portable Electric Lamps and/or Shades. A portable electric lamp is defined as any device, including an extension cord and plug, a socket or sockets for receiving an elec- tric incandescent bulb or bulbs, and means for supporting said socket or sockets; such device being complete in itself and capable of standing on horizontal surfaces without auxiliary attaching means which would render it permanent location. A lamp shade is defined as anj^ complete device of any material which can be attached to an electric portable lamp, or to an electric incandescent bulb as a part of a portable electric lamp, or to an electric fixture and which, when so attached will either partially or completely surround tlie electric incandescent bulb or bulbs; the purpose of such device being primarily for shielding the light source from the normal field of vision and for decoration. (Such a device, Avhen intended primarily to redirect light into a definite zone, should be defined as a " reflector ".) INDUSTRY According to statistics furnished by members of the Portable Elec- tric Lamp and Shade Subdivision of the Electrical Manufacturing (2) Industry, there are approximately 500 concerns with an aggregate invested capital of $11,300,000 and a reported aggregate production of $21,020,000. The Industry at present employs approximately 30,000 workers. PROVISIONS OF THE CODE The Basic Code for the Electrical Manufacturing Industry estab- lishes a supervisory agency which is fairly and adequately repre- sentative of all the different elements in the Industry. Since this Code is supplemental to the Code of Fair Competition for the Electrical Manufacturing Industry, it adopts all the provi- sions of the Basic Code, including labor provisions. FINDINGS The Deputy Administrator in his final report to me on said Supple- mental 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 poli- cies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industrj^ for the purpose of cooperative action among the trade groups by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be tem- porarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reduc- ing 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 association is an industrial association truly representative of the aforesaid Subdivision ; and that said association imposes 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 elimi- nate or oppress small enterprises and will not operate to discrimi- nate 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. (g) In accordance with the provisions of Article XIV of the Code of Fair Competition for tlie Electrical Manufacturing Industry, this Subdivision is entitled to and permitted a Supplemental Code thereto. For these reasons, therefore, I have approved this Supplemental Code. Eespectfully, Hugh S. Johnson, Administrator, June 27, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PORTABLE ELECTRIC LAMP AND SHADE IN- DUSTRY A DIVISION OF THE ELECTRICAL. MANTJEACTURING INDUSTRY Article I — Purposes To effectuate the policy of Title I of the National Industrial Recovery Act the following provisions are established, pursuant to the provisions of Article XIV of the Basic Code of Fair Competi- tion for the Electrical Manufacturing Industry, approved by the President August 4, 1933, as a supplemental code of fair competition for the Portable Electric Lamp and Shade Subdivision of the Elec- trical Manufacturing Industry, and shall, together with the pro- visions of said Basic Code and any modifications thereof, or additions or supplements thereto, hereafter made, be the standard of fair competition for the said Portable Electric Lamp and Shade Subdi- vision of the Electrical Manufacturing Industry. Article II — Definitions The term " Portable Electric Lamp and Shade Subdivision of the Electrical Manufacturing Industry " as used herein is defined to mean the manufacture for sale of portable electric lamps and/or shades. A portable electric lamp is hereby defined as any device, including an extension cord and plug, a socket or sockets for receiving an electric incandescent bulb or bulbs, and means for supporting said socket or sockets; such device being complete in itself and capable of standing on horizontal surfaces without auxiliary attaching means which Avould render it permanent location. A lamp shade is herebj'^ defined as any complete device of any material which can be attached to a portable electric lamp, or to an electric incandescent bulb as a part of a portable electric lamp, or to an electric fixture and which, when so attached wall either partially or completely surround the electric incandescent bulb or bulbs; the purpose of such device being primarily for shielding the light source from the normal field of vision and for decoration. (Such a device, when intended j)rimarily to redirect light into a definite zone, should be defined as a " reflector '' and is not included within the scope of this Code.) The term " person " as used herein shall include natural persons, partnerships, associations, trusts, trustees, trustees in bankruptcy, receivers and corporations. (5) 6 The term " employer and/or member of the Subdivision " as used herein shall include every person promoting, or actively engafred in, the manufacture for sale of the products of the Portable Electric Lamp and Shade Subdivision of the Electrical Manufacturing Industry. The term " employee " as used herein shall mean anyone who is employed by any such employer. The term " retailer " as used herein shall mean any person selling the product of the Portable Electric Lamp and Shade Subdivision of the Electrical Manufacturing Industry to the consumer and not for the purposes of resale in any form. The terms " President ", "Act ", and "Administrator " as used herein shall mean, respectively, the President of the United States, Title I of the National Industrial Recovery Act, and the Adminis- trator fof Industrial Recovery. Articlp: III— Code Adiniinist'ra'j-ion Expenses 1. It being found necessary in order to support the Administra- tion of this Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the Act, the Supervisory Agency of the Portable Electric Lamp and Shade Sub- division, with the approval of the Code Authority, is authorized: (a) 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 Code ; (b) 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 sub- division ; (c) After such budget and basis of contribution have been ap- proved by the Administrator, to detei'mine and obtain equitable con- tribution as above set forth by all members of the subdivision, and to that end, if necessary, to institute legal proceedings therefor in its OAvn name. 2. Each member of the subdivision shall pay his or its equitable contribution to the expenses of the maintenance of the Supervisory Agency determined as hereinabove provided and subject to rules and regulations pertaining thereto issued by the Administrator. Failure on the part of a member of the subdivision to make such contribution shall be a violation of this Code. Only members of the subdivision complying with the code and contributing to the expenses of its administration as hereinabove provided shall be entitled to participate in the selection of members of the Supervisory Agency or to receive the benefits of any of its voluntary activities or to make use of any emblem or insignia of the National Recovery Adminis- tration. 3. The Supervisory Ageucy shall neither incur nor pay any obli- gation in excess of the total amount of its approved budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for exi)enditure,s in excess of prior budget estimates except tliose which the Administrator shall have so approved. Article IV- — ^AVritten Orders No employer shall accept an order unless full details of all terms of sale as to date, payment, quantity, price, delivery arrangements, and complete description of the product shall be set forth in a written form and shall be strictly adhered to in tlie execution of the order. Article V — Demonstration Allowances No emplo3'er shall grant any demonstration allowance except where the product on wdiich the demonstration allowance is made is one having such unusual mechanical or other special features as to require more expert demonstration and explanation than that which should reasonably be expected of the average sales person in the store or department in which the demonstration is to be made. Article VI — Modification (a) This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the pro- visions of subsection (b) of Section 10 of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under said Act. (b) This Code, except as to provisions required by the Act, may be modified or amended on the basis of experience or changes in circumstances, such modification or amendments to be based upon application to the Administrator and such notice and hearing as he shall specify, and to become effective on approval of the Administra- tor, unless otherwise provided, and when ,so approved shall have the same force and effect as any other provision of this Code. Article VII — Effective Date This Supplemental Code shall become effective on the eleventh day after it has been approved by the President of the United States. Approved Code No. 4. — Supplement No. 2. Registry No. 130S-1G. O Digitized by the Internet Arcliive in 2011 witli funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/supplementarycod0924unit UNIVERSITY OF FLORIDA 3 1262 08583 0924