Approved Code No. 84 — Appendix No. 7 Registry No. 1122—23 NATIONAL RECOVERY ADMINISTRATION CODE APPENDIX FOR THE METAL SAFETY TREAD MANUFACTURING INDUSTRY (A Subdivision of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON FEBRUARY 15, 1935 WE DO OUR PART UNIV. OF FL LIB. DQCUJ^ENTS DEPT. 1 n U.S. DEPO^TCiV UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1935 For sale bj the Superintendent of Documents, Washington. D.C. ----...-. Price 5 cents This publication is for sale by ttie Superintendent of Documents, Government Printing Office, Wasliiugtou, D. C, and by district oliices of the Bureau of Foi"eign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmiugbam, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N. Y. : Chamber of Commerce Building. Charleston, S. C. : Chamber of Commerce Building. 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Approved Code No. 84 — Appendix No. 7 CODE APPENDIX FOR THE METAL SAFETY TREAD MANUFACTURING INDUSTRY As Approved on February 15, 1935 ORDER Approving Appendix for the Metal Safety Tread Manufacturing Industry a subdivision of the fabricated metal products manufacturing and metal finishing and metal coating industry An application having been duly made pursuant to and in full eoni[)lianc'e with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1D33, and in accordance with the ])rovisions of Section 4 of Article IV of the Code of Fair Coni- ]>etition for the Fabricated Metal Products Manufacturing- and Metal Finishing and Metal Coating Industr3% approved November 2. 1933, as amended, for approval of an Appendix establishing trade j^ractice provisions for the Metal Safety Tread Manufacturing Sub- division of said Industry, and Notice of Opportunity to be Heard having been given to all interested parties, and objections received thereon having been satisfied, and the annexed report on said Ap- j^endix 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- tliority vested in it by Executive Orders of the President, including p]xecutive Order No. 0859. dated September 27, 1934, and otherwise; does hereby incorporate by reference said annexed report and does find that said A])])endix to said Code comjdies in all respects wath the pertinent pi'ovisions 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. National Industrial RECO^^:RY 15oard, By W. A. Harriman, Administrative Officer. A\mvo\\\\ reconunendcd : Joiix W. X'pp. Acti/if/ Dici.^ion Ad ministi'dtor "Washington. I). C. Fvhruary 15, 1935. 1150.52' 160:5-G :?5 (1) REPORT TO THE PRESIDENT The President, The White Hoiise. Sir : This is a report on an Appendix to the Code of Fair Compe- tition for the Fabricated Metal Products Manufactiirintj and Metal Finishing and Metal Coating Industry, approved on November 2, 1933, and as amended on June 1, 1934. GENERAL STATEMENT The Metal Safety Tread Manufacturing Industry, being truly representative of this Subdivision of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of operating under the Code for the Fabricated Metal Products Manufacturing and Metal Finish- ing and Metal Coating Industry, as amended on June 1, 1934, w^ith the assistance of additional fair trade practice provisions. RESUME OF THE APPENDIX Paragraph A, Definition, accurately defines the term " Metal Safety Tread Manufacturing Subdivision." Paragraph B, Governing Body, sets up a governing body consist- ing of members of the Subdivision to be known as the Subdivisional Committee for the Metal Safety Tread Manufacturing Subdivision. Paragraph C, Effective Date, prescribes the effective date of the Appendix. Section 1 provides for open price filing. FINDINGS The Acting 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: 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 floAV 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 tlie trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and super- vision, by eliminating unfair competitive practice,s, l)y promoting the fullest possible utilization of the present productive capacity of in- dustries, by avoiding undue restriction of production (except as may (2) be temporaril}' required), b}' increasing; the consumption of indus- trial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said inchistry normally enqjWs not more than TiO.OOO em- ployees; and is not classified by me as a major industry. (c) The A]:)pendix to said Code as approved complies in all re- spects with the pertinent provisions of said Title of said Act, includ- ing without limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsection (b) of Section 10 thereof; and that the applicant association is an association truly representative of the aforesaid Industry ; and that said association imposes no ineciuitable restrictions on admission to membership therein: (cl) 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 oppres.s 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, Administrative O^jicer. February 15, 1935. CODE APPEXDIX FOPv THE METAL SAFETY TREAD MANUF ACTUllIXG SUBDI VI SIGN A SUBDIVISTOX OF THE Fap.RTCATED ]\IeTAL PRODUCTS ManUFACTURINQ AXD Metal Finishing and Metal Coating Industry Pursuant to Section 4 of Article IV of the Code of Fair Competi- tion of the Fabricated Metal Products Manufacturing and Metal Finishing and INIetal Coating Industry, as amended, (the terms of which apply to eacli member of the Metal Safety Tread Manufactur- ing Subdivision) the following provisions are established as an Ap- ])endix to said Code of Fair Competition of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry for the ]\Ietal Safety Tread jNIanufacturing Subdivision of that Industry. A. Dcfinitio)). — The term ''IMetal Safety Treael Manufacturing Subdivision " means and includes the manufacture for sale of Metal Safety Tread containing either lead or abrasive to provide anti- slip quality. B. S\(hdlvis'w)ial Co)inniftee. — (1) Members of the subdivision shall set up a governing body which shall be known as the Subclivi- sional Connnittee and shall consist of six members of the subdi- vision, four of wliom shall bo members of the ISIetal Safety Tread Association elected by members of that association, one of whom shall be a non-member of the said association elected by non-members of the association, and one of whom may be either a member or non- member of the association Avho shall be elected at large by all mem- bers of the subdivision. (2) The members of the Subdivisional Committee shall be elected in a manner to be api^roved bv the Basic Code Ahthority and the Xational Industrial Recovery Board. The National Industrial Re- covery Board ma}' aj)p(Mnt a member of the Subdivisional Commit- tee who shall be given reasonable notice of and may sit at all meet- ings of the Subdivisional Committee but wdio shall be without vote and shall serve without expense to the Subdivision. (3) The Subdivisional Committee shall have such powers and duties to administer any of the provisions of the Basic Code and this Appendix within tliis Subdivision as may be delegated to it by the Code Authority. C. Effective' Date. — This Appimdix shall become effective ten (10) days after its approval by the National Industrial Recov^^y Board. trade practice Section 1. Open Price F/Vukj. — (a) Each member of the sub- division sliall file with a confidential and disinterested agent of the subdivisional ccmnnittee or, if none, then Avith such an agent des- (4) ignated by the National Industrial Recovery Board, identified lists of all of his prices, discounts, rebates, allowances, and all other terms or conditions of sale, hereinafter in this article re- ferred to as " price terms ", which lists shall completely and accu- rately conform to and represent the individual pricinj:; ])ractices of said member. Such lists shall contain the price terms for all such standard products of the subdivision as are sold or offered for sale by said member and for such non-standard ])roducts of said member as shall be designated by the sulxlivisional committee. Said price terms shall in the first instance be filed within twenty (20) days after the date of approval of this provision. Price terms and revised price terms shall become effective innnediately upon receipt thereof by said agent. Immediateh' upon receipt thereof, said agent shall by telegraph or other equally prompt means noti- fy said member of the time of such receipt. Such lists and revi- sions, together w4th the effective time thereof shall upon receipt be immediately and simultaneously distributed to all members of the subdivision and to all of their customers who have applied there- for and have offered to defray the cost actuallj^ incurred by the subdivisional committee in the preparation and distribution there- of and be available for inspection by any of their customers at the office of such agent. Said lists or revisions or any part thereof shall not be made available to any persons until released to all members of the subdivision and their customers, as aforesaid; pro- vided, that prices filed in the first instance shall not be released until the expiration of the aforesaid twenty (20) day period after the approval of this Appendix. The Subdivisional Committee shall maintain a permanent file of all price terms filed as herein pro- vided, and shall not destroy any part of such records except upon written consent of the National Industrial Recovery Board. Upon request the Subdivisional Committee shall furnish to the National Industrial Recovery Board or any duly designated agent of the National Industrial Recovery Board copies of any such lists or revisions of price terms. (b) "When any member of the subdivision has filed any revision, such member shall not file a higher price within forty-eight (48) hours. (c) No member of the subdivision shall sell or offer to sell any products of the subdivision, for which price terms have been filed pursuant to the foregoing provisions, except in accordance with such price terms. (d) No member of the subdivision shall enter into any agree- ment, understanding combination or conspiracy to fix or maintain price terms, nor cause or attempt to cause any member of the sub- division to change his price terms by the use of intimidation, coer- cion, or an}^ other influence inconsistent with the maintenance of the free and open market which it is the purpose of this provision to create. Approved Code No. 84 — Appeudix No. 7. Registry No. 1122-123. O iiiliiS^^ 3 1262 08855 7060