Approved Code No. 84 — Supplement No. 24 Registry No. 1104—07 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WOOD SCREW MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON MAY 10, 1934 WE DO OUR PART UNIV. OF FL Ul. • r. U.S. DEPOSITORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1931 For sale l>> Ihr '■ uperintendent 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, 111.: Suite 1700, 201 North Wells Street. 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Approved Code No. 81 — Supplement No. 24 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WOOD SCREW MANUFACTURING INDUSTRY As Approved on May 10, 1934 ORDER Approving Supplementary Code of Fair Competition for the Wood Screw 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 ap- proval of a Supplementary Code of Fair Gompetition for the Wood Screw Manufacturing Industry, and 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, 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 Decem- ber 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Supplementary 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 Supplementary Code of Fair Competition be and it is hereby approved: provided, however, that the provisions of Article V, Section 2, insofar as they prescribe a waiting period between the filing with the Code Authority (or such agency as may be desig- nated in the Code) and the effective date of price lists, as originally filed and/or revised price lists or revised terms and conditions of sale, be and they hereby are stayed pending my further Order. Hugh S. Johnson, Administrator for Industrial Recovery. Approval recommended : A. R. Glancy, Division . 1 dm inistrator. Washington, D.( '.. May /". /.'<.,;. !1« 544 62 34 (1) REPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplementary Code of Fair Compe- tition for the Wood Screw Manufacturing Industry a Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, the hearing having been conducted thereon in Washington, D.C., February 2, 1934, in accordance with the provisions of Title I of the National Industrial Recovery Act. GENERAL STATEMENT The Wood Screw Manufacturing Industry, being truly representa- tive 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 Supplementary 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, 1938. 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 i,s 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 live (5) members to be elected by the members of the Industry at a meeting called by the Temporary Supplementary Code Au- thority, and gives the Administrator the authority to appoint one additional member without vote and provides machinery for ob- taining statistics and the administration of the Supplementary Code. Article V provides for methods of setting up and revising price lists. Article VI outlines prohibition of sales below reasonable cost. Article VTI 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 VIII provides against monopolies and monopolistic prac- tices. Article IX contains the mandatory provisions contained in Sec- tion i!) (b) and also provides for the submission of proposed amend- ments to the Supplementary Code. (2) 3 Article X recognizes that price increases be limited to actual addi- tional increases in the seller's costs. Article XI states the effective date and duration of this 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 organization 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 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 re- ducing 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 respects with the pertinent provisions of said Title of said Act. including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7. and Subsection (b) of Section 10 thereof; and that the applicant group is an industrial association truly representative of the aforesaid Industry; and that said association imposes no in- equitable 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 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 ( 'ode. For these reasons, therefore, I have approved this Supplementary Code. Respectfully, High S. Johnson. Administrator. May 10, 1031. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WOOD SCREW MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Article I — Purposes To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supple- mentary Code of Fair Competition for the Wood Screw Manufac- turing 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 President on the 2nd day of November, 1933; the provisions of this Supplementary Code shall be the standards of fair competition for such Industry and shall be binding upon every member thereof. Article II — Definitions Section 1. The terms " President ", "Act " and "Administrator ", as used herein, shall mean respectively, the President of the United States, the National Industrial Recovery Act, and the Adminis- trator for Industrial Recovery under said Act. Section 2. The term " Wood Screw " as used herein, is defined to mean all screws not exceeding No. 30 screw gauge in diameter, or six inches in length, having a wood screw thread and wood screw head, and a slot, or its equivalent, designed for driving with a screw driver and including drive screws with full or semi-slots, but ex- cluding so-called sheet metal screws. Section 3. The term " product " means and includes Wood Screws as that term is defined herein. Section 4. The term " Industry " means and includes the business of manufacturing Wood Screws for sale. Section 5. 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 industry either as an employer or on his or its own behalf. Section 6. The term " employee " as used herein includes anyone engaged in the Industry in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensation. Section 7. The term " employer " as used herein includes anyone by whom any such employee is compensated or employed. Section & The term " Basic Code " as used herein is defined to mean the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating (4) Industry as approved by the President on the 2nd day of November, 1933. SECTION 9. The term "member of the Code" as used herein shall mean any member of the Industry who shall have assented to the pro- visions of this Supplementary Code by instrument in writing duly filed with the Secretary. Section 1". The term "Supplementary Code Authority" as used herein is defined to mean the agency which is to administer this Sup- plementary (/ode as hereinafter provided. Section 11. The term >v Bureau '* as used herein is defined to mean the United States Wood Screw Service Bureau, or its successor. Section 12. The term " Executive Committee " as used herein is defined to mean Executive Committee of the United States Wood Screw Service Bureau. Section 13. The term " Secretary " as used herein is defined to mean Secretary of the United States Wood Screw Service Bureau, or such other impartial and confidential agency as the Supplementary Code Authority may designate. Article III — Employment Provisions This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and the wage, hour and labor provisions in Article III of its basic code as approved by the President November 2, 1933, including Sec- tion 1 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 condi- tions of this Code, are specifically incorporated herein and made a part hereof as the wage, hour and labor provisions of this Supple- mentary Code. Article IV — Organization and Administration Section 1. During the period not to exceed sixty (GO) dnys follow- ing the effective date, the Executive Committee shall constitute a Temporary Supplementary Code Authority, who shall have all the powers and duties of the Supplementary Code Authority herein set forth, until the Supplementary Code Authority is elected. There shall be constituted within the sixty-day period a Supplementary Code Authority consisting of five (5) members to be elected by the members of the Industry, at a meeting called by the Temporary Supplementary Code Authority, upon ten days' notice sent by reg- istered mail to all members of the Industry, whose names can be ascertained after 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 Bureau and until their successors are elected, and thereafter, members of the Supplementary Code Authority shall be elected immediately after each annual meeting of the Bureau to serve until their succes- •!-e elected. Notice of each election shall be sent in the manner above provided. The membership of the Supplementary Code Authority shall be made up as follows: G (a) Four (4) members who shall be members of the Industry elected by a majority vote of the members of the Bureau present in person or represented by proxy, each member to have one vote; (b) One (1) member who is not a member of the Bureau elected by majority vote of the members of the Industry, present in person or represented by proxy, each member to have one vote ; (c) In addition to the above the Administrator may appoint one (1) representative without vote and without expense to the Industry unless the Supplementary Code Authority agrees to pay such ex- penses, to serve on said Supplementary Code Authority in the ad- ministration of this Supplementary Code. Said representative shall be given reasonable notice of all meetings of the Supplementary Code Authority. A vacancy in the membership of the Supplementary Code Author- ity may be filled by majority vote of the remaining members of the Supplementary Code Authority, but it shall be in such manner as to maintain its representative character as provided in this Section. Section 2. Any Association/Institute and/or Bureau directly or indirectly participating in the selection or activities of the Supple- mentary Code Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its Articles of Association, By-laws, Regulations and any amend- ments when made thereto, together with such other information as to membership, organization, and activities as the Administrator 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 Administrator may prescribe such Hearings as he may deem proper; and, there- after, if he 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/or may make an appropriate modification or modifications in the method of selection of the Supplementary Code Authority. Section 4. The Supplementary Code Authority is hereby con- stituted the agency to administer the provisions of this Supple- mentary Code and to collect and distribute all statistical reports of the Industry. With a view to keeping the President informed as to the observance or non-observance of this Supplementary Code, said agency shall collect, through the Secretary, such statistics as called for by the President and/or the Administrator and send them in such form as the President and/or the Administrator may require to the Fabricated Metal Products Federation, or successor organiza- tion, as the agency administering said Basic Code. All individual reports shall be treated as confidential by the Secretary and shall not be disclosed to any member of the Industry or any other party except where necessary in the enforcement of this Code and except to such governmental agencies as may be directed by the Administrator. Section 5. Said Agency shall also from time to time furnish to the Basic Code Authority, designated in said Basic Code, such in- formation as may be required to be furnished under the terms of said Basic Code. Section 6. The Supplementary Code Authority shall have power from time to time to require each member of the Industry to fur- nish to the Secretary such information concerning the production, shipments, sales and orders of such member and the hours of labor, rate of pay and other conditions of employment at the plant or plants of such member and such other information as the said Sup- plementary Code Authority shall deem necessary or proper in order to effectuate the purposes of this Supplementary Code and the policy of the Act. All individual reports shall be treated as confidential by the Secretary and shall not be disclosed to any member of the industry or any other party except where necessary in the enforce- ment of this Code and except to such governmental agencies as may be directed by the Administrator. Section 7. The Supplementary Code Authority may require that any such information be furnished periodically at such times as it shall specify and may require that any or all information furnished be sworn to or otherwise certified or authenticated as it shall pre- scribe. Failure of any member of the Industry promptly to fur- nish to the Secretary information required by the said Supplemen- tary Code Authority and substantially in the form prescribed by it shall constitute a violation of the Code. The Supplementary Code Authority shall not require any information regarding trade secrets. Section 8. Any or all information furnished to the Secretary by z.ny corporate member of the Industry specifically assenting hereto pursuant to the provisions of the Code shall be subject to verifica- tion by an examination of the pertinent books, accounts and records of such member by the Secretary or by any accountant or account- ants or other person or persons designated by the Supplementary Code Authority (none of whom shall be connected with any member of the Industry) and shall be so checked for such purpose, if the Supplementary Code Authority shall require it. The cost of each such examination shall be treated as an expense of administering the Code. Section- 9. All members of the Industry are subject to the juris- diction of the Supplementary Code Authority; shall be entitled to participate in and share the benefits of the Supplementary Code Authority; shall be entitled to vote in the selection of the Supple- mentary Code Authority as provided in Section 1 of this Article; and shall pay to the Secretary as the agent of the Supplementary Code Authority their reasonable share of the expenses of the Admin- istration of this Supplementary Code, such reasonable share to be determined by the Supplementary Code Authority, subject to re- view by the Administrator, on the basis o"f volume of business and/or such other factors as may be deemed equitable by the Supplementary Code Authority. Section 10. Nothing contained in this Supplementary Code shall be deemed to constitute the members of the Supplementary Code Authority partners for any purpose whatsoever. Nor shall any member 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 reason- able diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under this Code, except for his own willful misfeasance or non-feasance. Section 11. The Supplementary Code Authority may adopt, sub- ject to the approval of the Administrator, and thereafter all mem- bers of the Industry shall maintain, uniform credit terms. Such credit terms shall clearly appear on all quotations, contracts, invoices and acceptances of orders. Section 12. If any member of the Industry as defined herein is also a member of any other Industry, the provisions of this Code shall apply to and affect only that part of his business which is included in the Industry. Section 13. The Supplementary Code Authority shall without any limitation on the foregoing have the following further general powers and duties subject to such rules and regulations as the Ad- ministrator may prescribe : (a) To insure the execution of the provisions of this Supple- mentary Code and provide for the compliance of the Industry with the provisions of the Act ; (b) To adopt by-laws and rules and regulations for its procedure and for the administration of the Supplementary Code; (c) To obtain from members of the Industry such information and reports as are required for the administration of the Supple- mentary Code. In addition to information required to be submitted to the Supplementary Code Authority, all or any of the persons sub- ject to this Supplementary Code shall furnish such statistical infor- mation as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such Federal and State agencies as the Administrator may designate. Provided that nothing in this Supplementary Code shall relieve any member of the Industry of any existing obligations to furnish reports to any government agency. (d) 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 Supple- mentary Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof; (e) To make recommendations to the Administrator for the coordi- nation of the administration of this Supplementary Code with such other codes, if any, as may be related to the Industry; (f) To secure from members of the Industry an equitable and proportionate payment of the reasonable expenses of maintaining the Supplementary Code Authority and its activities; (g) To cooperate with the Administrator in regulating the use of any N.R.A. insignia solely by those members of the Industry who have assented to, and are complying with, this Supplementary Code; (h) To recommend to the Administrator further fair trade prac- tice provisions to govern members of the Industry in their relations with each other or with other industries and to recommend to the Administrator measure3 for industrial planning, including stabiliza- tion of employment. Section 14. 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 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 com- plained of ma}- be taken if approved by the Administrator but shall not be taken if disapproved by the Administrator within thirty days of notice to him of intention to proceed with such action. Article V — Price Lists Section 1. The Supplementary Code Authority may require that each member of the Industry who manufactures and sells any product of the Industry not used by himself in the manufacture of another product, shall publish and file with the Secretary a net price list and/or a price list and discount sheet individually prepared by him showing his current prices and/or prices and discounts, and other conditions of sale, including discounts for various classes of customers or for quantity. Said price list and 'or any revised price list shall be made available to all interested parties. Section 2. The Secretary shall immediately send copies thereof to all other members of the Code. Such price lists, discounts, and conditions ma} r be revised from time to time thereafter, and notifica- tion of such revision shall be published and filed with the Secretary. Such revision shall be deemed filed within the meaning of this pro- vision when telegraphic acknowledgment of receipt of such revision shall have been received by tin 1 person making such revision, and copies of such revisions shall be immediately sent by the Secretary to all other members of the Code, who thereupon may file, if they so desire, revisions of their price lists, discounts, and conditions which may become effective upon the date when the revised price data first filed shall go into effect or at a later specified date. 1 Section 3. No member of the Industry shall sell directly or indi- rectly through an affiliated company, or otherwise, by any means whatever any product of the Industry at a price lower, or at dis- counts greater, or on conditions more favorable to the buyer than those provided in his current price data filed with the Secretary as above provided; provided, however, that at any time a member of the Industry may meet the lawful price, and/or conditions of any competitor for products of an equal grade or quality. Any such meeting of a lawful price by a member of the Industry must be ted at once by such member to the Secretary. An "affiliated company " for the purpose of this section means, a company the ma- jority of whose voting stork is owned or controlled by a member of the Industry. Lawful price for th< purposes of this Section is de- lined to mean any price which a member of the Industry may make pursuant to this Code, or any price which a competitor of any member of the Industry may make without violating any provision of any Code or Codes to which such competitor is subject or without violating any Federal Law. Stat" Law, or the Law of any political sub-division thereof. Sectiom 1. No provision of this ("ode relating to prices or terms of elling, shipping or marketing shall apply to export trade or paragraph - <>f onler approving thiaCode. 10 or shipments for export trade within the meaning of the word " export trade " as it is used in the Export Trade Act. Article VI — Sales Below Reasonable Cost Notwithstanding any other provisions of this Supplementary Code, when the Supplementary Code Authority determines that an emer- gency exists in this Industry, and that the cause thereof is destruc- tive 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 determined the low- est reasonable cost of the products of this Industry, such determina- tion to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any member of the Industry to sell or offer to sell any products of the Industry 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 such 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 VII — Unfair Practices Section 1. For all purposes of this Supplementary Code the fol- lowing described acts shall constitute unfair practices. Such unfair practices shall be deemed to be unfair methods of competition in commerce within the meaning of the Federal Trade Commission Act as amended, and any member of the Industry who shall directly or indirectly through any officer, employee, agent or representative use or employ any of such unfair practices shall be guilty of a violation of this Code : A. The provisions of Article V paragraphs B to G inclusive of the Basic Code are a part of this Supplementary Code to the same extent as though here repeated and set forth at length. B. The sale or exchange of any product in whole or in part below the cost of such product to the particular member of the Industry, such cost to be computed according to a cost formula to be prescribed or approved by the Supplementary Code Authority and approved by the Administrator ; Provided, however, that dropped lines, seconds or inventories which must be converted into cash to meet emergency needs may be disposed of in such manner and on such terms and conditions as are necessary to move such products into buyers' hands notwithstanding any other provisions of this Code, provided, the Secretary shall have been notified, at least ten days in advance, of such intended sale or other disposition and of the description, quantity and price thereof with the reason therefor. Provided, further, that selling below cost (as defined in paragraph 1 of this subsection B) to meet existing competition on products of equivalent design, character, quality or specifications shall not be deemed a violation of this Article. 11 C. Using or substituting any material superior in quality to that specified by the purchaser of any product, for the purpose of in- fluencing purchase or future purchase. D. Cancelling in whole or in part, or p rmitting the cancellation in whole or in part, of any contract of sale of any product except for justifiable cause or a fair consideration. E. Inducing or attempting to induce the breach of any provision of a contract to which a member of the Code is a party. This clause shall not be construed to apply to contract of employment. F. Aiding or abetting any person, firm, association or corpora- tion in any unfair practice. G. Offering or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price of such product after the date of shipment. H. Selling or offering to sell special Wood Screws below the lawful price of the corresponding or the next larger or longer standard or listed size "Wood Screw determined in accordance with the provi- sions of Article V hereof, plus the cost of the special feature or features. I. Soliciting by any member of the Industry the pooling of orders from several buyers in a manner to give the buyers advantage of more favorable price or terms than those to which the buyers would be entitled individually. J. Making contracts of sale that permit the buyer to cancel and/or provide for a reduced price in event of a market decline, but which do not permit the seller to cancel and/or do not provide for an en- hanced price, in the event of a market rise. K. Making contracts requiring delivery of specified quantity or quantities in specified time, if demanded by buyer, but not requiring the buyer to accept such quantity or quantities within the specified time. L. Making contracts at a specified price for an unspecified quantity for delivery as demanded by the buyer during the period, unless the contract is for a. fixed percentage of the total consumption require- ments of the purchaser of the particular product and unless it is agreed in such contract that specifications placed during die last third thereof shall not - xceed the total pieces specified for shipment dining the first two-thirds thereof \ or making any such unspecified quantity contract above described except on a standard form or forms approved by the Supplementary Code Authority and the Administra- tor; or failing to lie- with the Secretary a copy of each and every differ, nt form of contract entered into by a member of the Industry within five days after entering into a contract in such form. M. Making contraci for periods in excess of three months (all contra* t - to expire no1 later than tic last days of March, dune. Sep- tembi 1 1 cember) or quoting on or making any quarterly contract more than thirty (30) 'lay- prior to the first day of the calendar quartel covered by the contract, or shipping pursuant to any con- thai] fifteen (15) days after the expiration thereof, or as soon thereafter as seller can manufacture and ship the same, or mak- ing contraci containing an option of extension or renewal on the part of either buyer or seller, X. Offering any article by price or otherwise in a manner to in- fluence the purchase of another article. 12 O. Appointing, continuing to employ or paying a commission, salary or any other form of compensation to a jobber or dealer, or syndicate buyer of any character as an agent, except under circum- stances where such jobber, dealer or syndicate buyer acts clearly as an agent and does not simultaneously perform the functions of a job- ber, dealer or syndicate buyer in a specific transaction or transactions ; provided, however, that any jobber or dealer who was an agent of and performing such dual functions for a particular member of the Industry on July 1. 1932 may be continued by such member as such agent if such member files with the Secretary a list of all such agents within five days after the effective date of this Code. P. Continuing to employ any salesman, agent or employee who shall give any or all of his commission to any purchaser. Article VIII — Monopolies No provision of this Supplementary Code shall be applied so as to permit monopolies or monopolistic practices, or to eliminate, oppress or discriminate against small enterprises. Article IX — Momfications Section 1. This Supplementary Code and all the provisions there- of 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 said Act. Section 2. This Supplementary Code, except as to provisions re- quired by the Act, may be modified or amended on the basis of experience or changes in circumstances, such modifications or amend- ments to be based upon application by the Supplementary Code Authority or other representath T e 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 X — 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 as may be required to meet individual costs should be delayed, but when made, such increases should, so far as possible, be limited to actual additional increases in the seller's costs. Article XI — Effective Date This Supplementary Code shall become effective at 12 : 01 o'clock A.M. Eastern Standard Time of the tenth day after it is approved by the President, and shall continue in effect until June 16, 1935, or the earliest date prior thereto on which the President shall, by proc- lamation, or the Congress shall, by joint resolution, declare that the emergency recognized by Section 1 of the Act, has ended. Approved Code No. 84 — Supplement No. 24. Registry No. 1104-07. o E^'L Y 0F FLORIDA 3 1262 08855 6781