1/ Approved Code No. 84 — Appendix No. 2 Registry No. 1203—06 NATIONAL RECOVERY ADMINISTRATION FOR THE METAL SPINNING AND INDUSTRY (A Subdivision of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON NOVEMBER 22, 1934 UNITED STATES GOVERNMENT PRINTING OFFICE WASHING*rON : 1334 For sale by the Superintendent of Documents, Washington, D. C. --------- Price 5 cents This publication is Tor .sale by the Siiyenuteudent of Documents, Goveiiiuifcut Printing Office, Washington, D. C, und by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Allauui, Ga.: 5u4 Post Oiiice Duiidiug. LJirminL^han), Ala.: 257 Federal Builcliiig. Boston, Mass. : 1801 Customhouse. Buffalo, N. Y. : Chamber of Commerce Building. Charleston, S. C. : Chamber of Commerce Building. Chicago, 111.: Suits 1706. 1!01 North Wells Street. Cleveland. Ohio: Chamber of Con\merce. Dallas, Tex.: Clmniber of Commerce Building. Detroit, Mich.: SOI First National Bank Building. TJouston, Tex.: Chamber of Commerce Buihling. Indianapolis, lud. : Chamber of Commerce Building. Jacksonville, Fla. : Chamber of Commerce Building. Kansas City, ]\Io. : 1028 Baltimore Avenue. Los .\ngeles, Calif.: 1163 South Broadway. Louisville, Ky. : 40S Federal Building. Memphis, Tenn.: 221) l'\Hleral Building. Miinieapolis, Minn.: 213 Federal Building. New Orleans, La.; Room 22o-A, Customhi;us!8. New York, N. Y. : 734 Customhouse. Norfolk, Va.: -lUG East Plume Street. Pliiladeliihiii, Pa.: 422 Commercial Trust Building. Pittsburgh. Pa. : Chamber of Commerce Buildiug. Portland, Oreg. : 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle. Wash.: SCO Federal OflSce Building. Approved Code No. 84 — Appendix No. 2 CODE APPENDIX FOR THE METAL SPINNING AND STAMPING MANUFACTURING INDUSTRY As Approved on November 22, 1934 ORDER Apprcving Appendix for the Metal Spinning and Stamping Manufacturing Industry A subdivision of the fabricated metal products manufactupjng 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 l^rovisions of Section 4 of Article IV of the Code of Fair Competi- tion for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved November 2, 1933, as amended June 1, 1934, for approval of an Appendix establishing trade practice provisions for the Metal Spinning and Stamping Man- ufacturing Subdivision of said Industiy, and public hearing having been duly held thereon; and the annexed report on said Appendix to said 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, the National Industrial Recovery Board, pursuant to au- thority vested in it by Executive Orders of the President, including •Executive Order No. 6859, dated September 27, 1934, and otherwise; does hereby incorporate by reference said annexed report and does find that said Appendix to said Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act ; and does hereby order that said Appendix of said Code of Fair Competition be and it is hereby approved; provided, however, that the governing body mentioned in para- graph B of the Appendix is set up in a manner satisfactory to the National Industrial Recovery Board. National Industrial Recovery Board, By W. A. Harriman, Achninistrative Ofjicer. Approval recommended : Kilbourne Johnston, Acting Division Admhiisfrator. Washington, D. C, November 22, 1031^. 9S06S° 1325-76 34 (1) EEPORT TO THE PRESIDENT The Presidext, The White House. Sir : This is a report on an Appendix to the Code of Fair Compe- tition for the Fabriciited Metal Products ISIanufacturing and Metal Finishing and Metal Coating Industry, approved on November 2, 1933, and as amended on June 1, 1934. GENERAL STATEMENT The ISIetal Spinning and Stamping Manufacturing Industry, be- ing trul}^ representative of this Subdivision of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has elected to avail itself of tlie option of operating under the Code for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, as amended on June 1, 1934, with the assistance of additional fair trade practice provisions, RESUME OF THE APPENDIX Paragraph A, Definition, accurately defines the term " Metal Spinning and Stamping Manufacturing Subdivisions ". Paragraph B, Governing Bod}', sets up a governing body consist- ing of members of the Subdivision to be known as the Subdivisional Committee for the Metal Spinning and Stamping Manufacturing Subdivision. Paragraph C, Effective Date, prescribes the effective date of the Appendix. Paragraph 4 makes the violation of any of the trade practices in this Appendix also a violation of the Code. Section 1 sets up maximum discounts and terms of sale. Section 2 provider against any member of the Subdivision from wilfully inducing or attempting to induce the breach of existing contracts between competitors and their customers. Section 3 provides against pre-dating or post-dating any invoices or contracts of sales. Section 4 provides for the formulation of methods of cost finding and accounting capable of use by all members of the Subdivision, and provides against actions which cause influences inconsistent with the maintenance of a free and open market. FINDINGS The Deputy Administrator in his final report to the Board on said Appendix to said Code having found as herein set forth and on the basis of all the proceedings in this matter : (2) It has been found that : (a) Said Appendix to said 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 connnerce 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 adeqiuite 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 imemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said industr}^ normally employs not more than 50,000 employ- ees; and is not classified by me as a major industry. (c) The Appendix to said 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, Subsec- tion (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 Appendix to said Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Appendix to said 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 Appendix to said Code. For these reasons, therefore, this Appendix of said Code has been approved. For the National Industrial Recovery Board : W. A. Harriman, Adviinistratlve Oj]icer, N0\-EMBER 22, 1934. CODE APPENDIX FOR THE METAL SPINNING AND STAMPING MANUFACTURING INDUSTRY A SUBDmSION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAX, FINISHING AND METAL COATING INDUSITIY Pursuant to Section 4 of Article IV of the Code of Fair Competi- tion for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, as amended, (the terms of which apply to each member of the Metal Spinning and Stamping Subdivision), tlie following provisions are established as an Ap- pendix to said Code of Fair Competition of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry for such Metal Spinning and Stamping Manufacturing Subdivision of that Industry. A. Defin/tion. — The term '' INIetal Spinning and Stamping Manu- facturing Subdivision" or "subdivision" as used herein, means all individuals, firms or corporations engaged in the manufacture for sale (on a job contract basis) and not for use in further manufac- turing in this subdivision of — (1) Metal spinnings and (2) Metal spinnings and stamj^ings when both the spinning and stamping oper- ations are performed on the same product by a member of the sub- division, specifically excluding the mere stamping of metal alone. B. Governing Body. — The members of the subdivision shall set up a Subdivisional Committee for the Metal Spinning and Stamping Manufacturing Subdivision, hereafter referred to as the " Subdivi- sional Committee ", consisting of as many members as may be deter- mined by and in a manner satisfactory to the Basic Code Authority or the National Industrial Recovery Board.^ C. Effective Date. — This Appendix shall become effective ten (10) days after its approval by the National Industrial Recovery Board. TRADE PRACTICES Any member of the subdivision who directly or indirectly through any officer, employee, agent or representative violates or evades any of the following trade practice provisions shall be guilty of violation of this Code. Section 1. Terms. — No member of the subdivision shall grant terms more favorable than net cash thirty (30) days or, if discount is allowed, such discount shall not be in excess of two (2%) percent for cash in ten (10) clays. Section 2, Inducing Breach of Contract. — No member of the sub- division sliall willfully induce or attempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the perform- • See paragraph 2 of order approving this appendix. (4) ance 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. SiiCTioN 3, Pre-datlng or Post-dating. — No member of the subdivi- sion shall knowingly pre-date or post-date any invoice or contract of sale. Section 4. Cost Finding. — The governing body shall cause to be formulated methods of cost finding and accounting capable of use by all members of the subdivision, and shall submit such methods to the National Industrial Recovery Board for review. If approved by the National Industrial Recovery Board, full information concerning such methods shall be made available to all members of the sub- division. Thereafter, each member of the subdivision shall utilize such methods to the extent found practicable. Nothing herein con- tained shall be construed to permit the governing body, any agent thereof, or any member of the subdivision to suggest uniform addi- tions, percentages or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices. The principles of accounting and costing as approved^ and set up under this section shall not be used by the governing body or the Basic Code Authority in the administration of the provisions of Article V, Section A of the Basic Code. Approved Code No. 84 — Appendix No. 2. Registry No. 1203-OG. (4) UIIIV6RSITY OF FLORIDA 3 1262 08852 5414