Approved Code No. 84 — Supplement No. 15 Registry No. 1149—24 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WRENCH MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON APRIL 4, 1934 UNIV. OP FL Lit. PPCUMENTS DEM, Wfi aa uuO;S u.s. otromrom OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 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. 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Approved Code No. 84 — Supplement No. 15 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WRENCH MANUFACTURING INDUSTRY As Approved on April 4, 1934 ORDER Approving Supplementary Code of Fair Competition for the Wrench 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 Indus- trial Recovery Act, approved June 16, 1933, and in accordance with the provisions of Section I 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 Competition for the Wrench Manufacturing Industry, and the hearing having been duly held thereon; and the annexed report on said Supplementary 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 Recov- ery, 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 com- plies 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 Arti- cle V, Section 5, insofar as they prescribe a waiting period between the filing with the Code Authority and the effective date of revised price lists or revised terms and conditions of sale be and they are hereby stayed pending my further Order either within a period of sixty days from the effective date of this Code or after the com- 51239° 482-23 34 (1) pletion of a study of open price associations now being conducted oy the National Recovery Administration. I h (;m S. Johnson, Administrator for Industrial Recovery. Approval recommended : A. R. Glancy, Division A dm inistrator. Washington. D.C., April 4, 1934. REPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on the Supplementary Code of Fair Com- petition for the Wrench 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., December 20, 1933, in accordance with the pro- visions of Title I of the National Industrial Recovery Act. GENERAL STATEMENT The Wrench Manufacturing Industry, being truly representative 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 Practice, 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, 1933. 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 establishes a Supplementary Code Authority consist- ing of three (3) members elected by the members of the Industry at a meeting called by the Supplementary Code Authority, and gives the Administrator the authority to appoint one to three additional members without vote and provides machinery for obtaining sta- tistics and the administration of the Supplementary Code. Article IV. This Industry is 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 V provides for price sheets to be submitted to the Supple- mentary Code Authority. Article VI 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 VII contains the mandatory provisions contained in Sec- tion 10 (b) of the Act and also provides for the submission of proposed amendments to the Supplementary Code. Article VIII recognizes that price increases except such as may be required to meet individual costs should be delayed. Article IX provides against monopolies and monopolistic practices. Article X states the effective date of this Supplementary Code. (3) FINDINGS The Assistant Deputy Administrator in. his final report to me on said Supplementary Code having found as herein set forth and on the basis of all the proceedings in this matter: I iind 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 inter- state and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare bj T promoting the organization of industry for the purposes of cooperative action among the trade groups, by inducing and maintaining united action or labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promot- ing 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 unemployment, by improving stand- ards 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 re- spects with the pertinent provisions of said Title of said Act, in- cluding 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 repre- sentative of the aforesaid Industry; and that said association imposes no inequitable 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 Code. For these reasons, therefore, I have approved this Supplmentary Code. Respectfully, Hugh S. Johnson, AcbmnistratoT. April 4, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WRENCH MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Article I — Purposes To effectuate the policies of Title I of the National Industrial Recovery Act, this Supplementary Code is established as a code of fair competition for the Wrench Manufacturing Industry, pursuant to Article VI of the Basic Code of Fair Competition for the Fabri- cated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved by the President of the United States on the 2nd day of November, 1933, and the provisions of this Sup- plementary Code shall be the standards of fair competition for and shall be binding upon every member thereof. Article II — Definitions The term " Industry " as used herein means the manufacture and sale by the manufacturers thereof of wrenches, pliers and/or basic forms or parts thereof. The term " Member of the Industry " includes, but without limita- tion, any individual, partnership, association, corporation, or other form of enterprise engaged in the industry either as an employer or on his or its own behalf. The term " Basic Code " means the Basic Code of Fair Competi- tion for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, as approved by the President on the 2nd day of November, 1933. The term " Distributor " means a purchaser who, in regular course of business, purchases products of the industry and other products in like field of distribution for resale generally to persons other than affiliates. The term " Consumer " means a purchaser of the product of the industry who is not a distributor. The term " Institute " means the Institute of Wrench Manufac- turers. The terms " President ", "Act " and " Administrator " mean respectively the President of the United States, Title I of the Na- tional Industrial Recovery Act, and the Administrator for Industrial Recovery. Article III — Organization, Powers and Duties of the Supplementary Code Authority 1. There shall be constituted a Supplementary Code Authority consisting of three members who shall be selected within sixty (60) days from the effective date of this Supplementary Code by vote of (5) 6 the members of the industry in person or by proxy as in this para- graph provided. Pending the selection and until the selection of the Supplementary Code Authority, the Code Committee shall be the Temporary Sup- plementary Code Authority with all powers, duties and responsibili- ties herein granted to the Supplementary Code Authority. For the purpose of the selection of the Supplementary Code Au- thority the industry shall be divided into the following product divisions : 1. Drop-forged Wrenches — carbon 2. Drop-forged Wrenches — alloy 3. Detachable Socket Wrenches 4. Chain Pipe Wrenches (Tongs) 5. Adjustable Pipe Wrenches 6. Adjustable Monkey Wrenches 7. Adjustable Wrenches (22^% degree open end) and Pliers 8. Adjustable Wrenches (Auto, bicycle and miscellaneous types) 9. Ratchet and Miscellaneous Wrenches The members of each division shall elect one representative, and the representatives so elected, by a majority vote, shall select the members of the Supplementary Code Authority. Each member of the industry who, by writing filed with the Sup- plementary Code Authority shall assent to this Supplementary Code and agree to comply with the terms and conditions hereof, shall be entitled to vote at all meetings for the selection of the Supplementary Code Authority and for the selection of substitute members thereof, and shall be entitled to vote in each division the product or products of which are manufactured by such member. 2. The term of office of each member of the Supplementary Code Authority shall be at the will of members of the Industry, and suc- cessor or substitute members of the Supplementary Code Authority shall be selected in the same manner as provided in paragraph 1 of this Article for the appointment of the original members of the Supplementary Code Authority. 3. In addition to membership as above provided, there may be appointed by the Administrator one to three members of the Sup- plementary Code Authority without vote, who shall be given notice of all meetings of the Supplementary Code Authority. 4. The Institute shall impose no inequitable restrictions on admis- sion to membership, and shall submit to the Administrator true copies of its articles of association, by-laws, regulations, and any amendments when made thereto, together with such information as to membership, organization and activities as the Administrator may deem necessary to effectuate the purposes of the Act. 5. In order that the Supplementary Code Authority shall be at all times truly representative of the Industry, and in other respects com- ply with the provisions of the Act, the Administrator may prescribe such hearings as he may deem proper; and thereafter, if he shall find that the Supplementary Code Authority is not truly representor tive or does not in other respects comply with the provisions of the Act, may require an appropriate modification in the method of selec- tion of the Supplementary Code Authority. 6. Nothing contained in this Supplementary Code shall constitute the members of the Supplementary Code Authority partners for any purpose. POWERS AND DUTIES 7. The Supplementary Code Authority shall have the following powers and duties, the exercise of which shall be reported to the Administrator. (a) To insure the execution of the provisions of this Supplemen- tary Code and provide for the compliance by the members of the industry with the provisions of the Act, subject to rules and regula- tions of the Administrator in regard to compliance procedure. (b) To adopt by-laws and rules and regulations for its procedure and for the administration and enforcement of this Supplementary Code. (c) To obtain from members of the industry through an impartial agency such information and reports as are required for the adminis- tration of this Supplementary Code. No individual reports shall be disclosed to any other member of the industry or to any other person except as herein provided but shall be made available to the Admin- istrator. Nothing herein contained shall preclude full disclosure to all members of the Supplementary Code Authority as may be neces- sary for the examination of complaints and securing compliance with the provisions of this Supplementary Code. (d) To use the Institute and such other 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 responsi- bilities under this Supplementary Code, and such trade associations and agencies so used shall at all times be subject to and comply with the provisions thereof. (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) Subject to review by the Administrator, to determine the ex- penses of administration of this Supplementary Code and to secure payment by the members of the industry of such expenses appor- tioned between them on the basis of volume of sales in dollars or on such other basis as shall be equitable. (g) To recommend to the Administrator further marketing and fair trade practice provisions to govern members of the industry in their relations with each other or with other trades or industries, and to recommend to the Administrator measures for industrial planning including stabilization of emplo} T ment. (h) The Supplementary Code Authority subject to the approval of the Administrator shall cause to be formulated an accounting sys- tem and method of cost finding and/or estimating capable of use by all members of the industry. After such system and method have been formulated, full details concerning them shall be made available to all members. Thereafter all members shall determine and/or estimate cost in accordance with the principles of such methods. (i) To co-operate with and assist the Basic Code Authority in administering the Basic Code and in obtaining from members subject s to this Supplementary Code such reports, statistics and other data as the Basic Code Authority may properly require. 8. If the Administrator shall determine that any action of a Code Authority or any agency thereof may be 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 and further consideration by such Code Authority or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. Article IV — Employment Provisions This Industry is a division of the Fabricated Metal Products Man- ufacturing and Metal Finishing and Metal Coating Industry and "without limitation the wage, hour and labor provisions in Article III of its basic code as approved by the President November 2, 1933, including Section 1 of said Article III by which the provisions of sub-sections (1), (2) and (3) of Section 7 (a) of Title I of said Act are made conditions of this Supplementary Code, are specifically incorporated herein and made a part hereof as the wage, hour and labor provisions of this Supplementary Code. Article V — Marketing 1. By means of price sheets each member of the industry, within twenty (20) days after this Supplementary Code shall be approved by the President, shall publish individual prices, terms and conditions of sale of all products of the industry offered for sale, which prices, terms and conditions shall be effective forthwith. Each member of the industry shall express his prices in the form of net prices or dis- count from list. Such price sheets shall separately state (a) Net prices and terms to distributors; (b) Net prices and terms to con- sumers; (c) Specifications and standard of finish applicable to each item. In case a member of the industry shall desire to give different prices to different sub-divisions of a defined class, then the price sheets shall clearly describe the subdivisions within the class intended to be covered thereby, and shall clearly set forth the conditions, if any, under which a stated price or terms will be given. 2. No member of the industry shall sell to any purchaser by any means whatsoever any product of the industry at a price lower or at a discount greater or on more favorable terms than set forth in pub- lished price sheets of such member at the time outstanding and in force under the conditions applicable to such sale therein set forth. 3. No member of the industry shall publish a price or terms or continue in effect a price or terms which will result in a purchaser paying for the goods received less than the cost thereof to the member of the industry publishing such price sheet. Nothing in this paragraph shall preclude any member of the industry from publishing prices below cost in order to meet existing competition on products of equivalent size, character, quality or specifications as such competition is shown by price sheets of other members of the industry at the time outstanding and in effect. Whenever a member of the industry under the provisions of this paragraph shall publish a price below cost, he shall simultaneously file with the Supplementary Code Authority a statement in writing of the items on his own price sheet which are below cost, and identify the price sheets and items thereon of any other member or members of the industry which shall be claimed to form the justification. 4. Publication of price sheets shall be in the manner following: Each member of the industry shall (a) File a copy of his price sheet with the Supplementary Code Authority, which shall be open to inspection by any interested person ; (b) Mail on the same day copy thereof to all known members of the industry; (c) Mail on the same day copy thereof to all jobbing and whole- sale customers of such member. 5. Any member of the industry may change prices, terms and/or conditions of sale, but no change shall be made or become effective until after publication of a revised price sheet in the manner pro- vided in Paragraph 4 of this Article. A change contained in the published price sheet of any member 1 of the industry, which shall reduce a price of such member which has been in effect for five (5) days, shall be effective five (5) days after the publication of the revised price sheet and not prior tnereto. The foregoing five (5) day limitation shall not apply to price reduc- tions by any other member of the industry to the extent necessary for corresponding effective date to all members. 1 6. Nothing herein contained shall require publication of specific- prices as provided in paragraph 1 of this article with respect to sales to purchasers who are manufacturers of machines or equip- ment and who deliver with such machines or equipment a product of the industry as a tool or accessory therefor, provided no sale shall be made by any member of the industry under the provisions of this paragraph unless (a) Such member shall include in his published price sheet a statement that prices therein do not apply to " equipment sales ", and further shall set forth under what conditions and upon what terms such sales will be made. (b) The member making such sale shall enter into a contract with the purchaser that such purchaser : (1) Will not use the product purchased in his own manufacturing operations; (2) Will not separately resell the same or make delivery thereof except for his own machine or equipment as a tool or accessory there- for and without separate charge (replacement sales to owners of such machines or equipment except where standard industry product is not suitable or convenient for use on such machines or equipment). One true copy of all contracts entered into under the provisions of this Section and of all modifications thereof shall be filed with the Supplementary Code Authority within ten (10) days after execution thereof. 1 See paragraph 2 of order approving this Code. 10 7. Nothing herein contained shall preclude any member of the industry from manufacturing and selling a product of the industry according to special design and upon plans and specifications in writing agreed to between the said member of the industry and the buyer without prior publication of price and terms, provided no sale of any item of special manufacture shall be made at a price and on terms and under conditions which shall be below the cost thereof. No product of the industry shall be sold under the provisions of this Section unless the same shall be different from an item for which prices and terms have been published and shall require special dies or tools for all or a substantial part thereof. No product of the industry shall be sold under the provisions of this Section below the published price of a comparable standard item, plus any in- creased cost of the special item over the cost of the standard item. 8. Notwithstanding the provisions in this Article contained, obso- lete, defective and/or discontinued items or lines which now or here- after may be in stock may be sold below cost and without publica- tion of prices, terms and conditions, provided prior to the sale thereof a list of the items or lines claimed to be obsolete, defective and/or discontinued shall be filed with the Supplementary Code Authority, together with a description thereof, dates of manufacture and prior sale volume, together with such further information concerning the same as may be required by the Supplementary Code Authority, and provided, further, no sale shall be made under the provisions of this paragraph if the Supplementary Code Authority shall de- termine that the items or lines proposed to be sold under this para- graph are not in fact obsolete, defective or discontinued, and that the purpose or effect of the proposed sale would be an evasion of this code and unfair to the other members of the industry, and the Supplementary Code Authority shall advise the member pro- posing to make such sale of such finding within ten (10) days. Any action taken by the Supplementary Code Authority under the pro- visions of this paragraph shall be subject to disapproval by the Administrator, and if disapproved sales under the provisions of this paragraph may be made. Article VI — Unfair Practices In place and in substitution of the fair trade practices set forth in Article V of the Basic Code, the following acts as described shall con- stitute unfair methods of competition; and no member of the indus- try shall do any act or thing in this article described as an unfair method of competition: 1. Selling under the provisions of paragraph G of Article V (" equip- ment sales") after knowledge that the purchaser has violated the terms of a contract referred to in said paragraph, or after notice in writing from the Supplementary Code Authority that such Author- ity has determined that such person has violated such a contract. *2. The furnishing of special products of the industry, special parts, special or different finish, the rendering of any service, or the doing of any act or thing not included in published prices and terms and conditions which will make the article delivered of a value greater 11 than the standard article offered under published prices and terms and delivered in regular course thereunder, or which will have the effect of increasing the cost of the goods sold or to be sold, without charge to cover the increased cost, or the granting to the purchaser of any other general or specific benefit not granted to all purchasers and included in published price sheets. 3. Entering into any contract, accepting any order or rendering any invoice which includes products other than products of the indus- try, unless the price charged or to be charged for the product of the industry included therein is separately stated and set forth. 4. Entering into a contract or accepting any order which does not permit shipment within a period of not more than six (6) monthg from the date when shipments shall begin, or a final shipping date later than seven (7) months from the execution of the contract or the acceptance of the order. 5. Entering into or accepting contracts, orders or commitments to sell without corresponding commitment on the part of "the purchaser to buy a specified quantity at a fixed price or a total amount in dollars according to specifications to be furnished sufficiently in advance of expiration date to permit manufacture and delivery on or before expiration date. 6. Paying or allowing any commission or benefit to a distributor in connection with a sale to any other purchaser if the amount thereof, when deducted from the sale price, shall make the net to the member of the industry making the sale less than the price permitted to be granted such distributor. 7. Making any payment or allowing any credit or benefit to a dis- tributor or to any purchaser or prospective purchaser not connected with a sale. 8. Making any payment or allowing any credit or benefit to dis- tributor in connection with a sale made under the provisions of paragraph 6 of Article V. (" Equipment Sales.") 9. Giving, permitting to be given, or directly offering to give, any- thing of value for the purpose of influencing or rewarding the action of any employee, agent or representative of another in relation to the business of the employer of such employee, the principal of such agent, or the represented party, without the knowledge of such em- ployer, principal or party. Nothing in this paragraph shall be con- strued to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used in commercial bribery as hereinbefore defined. 10. Making any adjustments, allowances, credits or refunds upon change in published prices, terms and/or conditions to any purchaser for deliveries already made or with respect to contracts theretofore entered into. 11. Promising or allowing protection to a purchaser or prospective purchaser against changes in prices, terms and/or conditions. 12. Giving notice to any purchaser or prospective purchaser or to any other member of the industry of intention to change prices, terms and/or conditions of sale. 13. Taking in exchange the product of any other member of the industry from a purchaser thereof, and making any payment or granting any credit to such purchaser in connection therewith. 12 14. Making delivery of any product of the industry on memoran- dum or consignment except under circumstances to be defined by the Supplementary Code Authority and approved by the Adminis- trator where peculiar circumstances of the industry require the practice. 15. Making delivery of any product of the industry except upon the sale thereof, provided nothing herein contained shall preclude delivery of samples, but no delivery which shall exceed three items or standard sets shall be deemed a sample. 16. Including in or omitting from any invoice, any statement so that the invoice shall not be a true statement of the transaction be- tween the member of the industry and the purchaser. IT. Pre-dating or post-dating of any invoice or contract of sale. 18. Promising to sell, selling or delivering nonstandard grades- sizes, dimensions or classifications for the purpose or with the effect of evading the provisions of this Supplementary Code. 19. Making any express guarantee with respect to a product of the Industry except an express guarantee against defects in work- manship and material. 20. Making any allowances for advertising in any form. 21. Making refunds, adjustments or allowances to a purchaser except as necessary in good faith. 22. Publishing different prices, terms and/or conditions of sale for a special brand, an unbranded product, and the manufacturer's own brand, or making any distinction or difference in prices, terms and/or conditions of sale where the product is the same except for brand markings. 23. Doing any act or thing by recourse to or through the medium of a subsidiary or affiliate or exclusive distributor which a member of the industry is prohibited from himself doing under the provisions of this Supplementary Code. Article VII — General 1. When the Supplementary Code Authority determines that an emergency exists in this industry and that the cause thereof is de- structive price cutting such as to render ineffective or seriously en- danger the maintenance of the provisions of this Supplementary Code, the Supplementary Code Authority may cause to be determined, the lowest reasonable cost of the products of this industry, such de- termination to be subject to such notice and hearing as the Adminis- trator 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 rea-sonable 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 product. 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. 2. Whenever a person, by stock ownership or otherwise, shall con- trol the manufacture and sale of a product of the industry manu- 13 factured by a member of the industry, such person shall, with re- spect to the sale of such product of the industry, be subject to the terms and provisions of this Supplementary Code, and the same shall be binding upon such person (Article IV hereof excepted). 3. Nothing in Articles V and VI of this Supplementary Code applies to sales between members of the industry, except no sale shall be made by one member of the industry to another member of the industry below cost. 4. Nothing in Articles V and VI of this Supplementary Code shalL apply to export sales. 5. In case any member shall have reason to believe that any of the terms and conditions of this Supplementary Code are being violated, such member may file with the Supplementary Code Authority a complaint setting forth the action or mode of action complained of. The Supplementary Code Authority shall thereupon request the complainant and the member complained against to each appoint an arbitrator ; the two arbitrators so appointed shall appoint a third ; the arbitrators so appointed shall then examine into the facts, granting to the complainant and the member complained against full opportunity to be heard, and each shall furnish to the arbitrators all facts relative to the complaint as may be requested by the arbitra- tors. The arbitrators shall thereupon render a report in writing setting forth the facts so found, together with their opinion and recommendations. In case the arbitrators shall determine that any member has vio- lated this Supplementary Code, then the Supplementary Code Au- thority, upon recommendation of the arbitrators, shall make such representations and applications to such persons as is proper and permitted in the premises. In case the arbitrators for any reason shall not be appointed within ten (10) days after notice from the Supplementary Code Authority that complaint has been filed, then the Supplementary Code Au- thority shall act as arbitrator and shall hold hearings and render a report and opinion and take further action as hereinbefore provided. 6. This Supplementary Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the 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 Title I of said Act and specifically, but without limitation, to the right of the President to cancel or modify his approval of any provision of this Supplementary Code or of any condition imposed by him upon his approval thereof. 7. This Supplementary Code, except as to provisions required by the Act, may be modified and/or amended on the basis of experience or changes in circumstances, such modifications and/or amendments to be based upon application to the Administrator by the Supple- mentary Code Authority or other representative group within the industry, and such notice and hearing as the Administrator shall specify, and to become effective as part of this Supplementary Code on approval of the President, and/or of the Administrator. 8. In case any provision of this Supplementray Code shall impose unusual or undue hardship on any member of the industry, such UNIVERSITY OF FLORIDA 14 1262 08583 0627 provision may be suspended as to such member by the Supplementary Code Authority with the approval of the Administrator. Article VIII — Monopolies 1. No provision of this Supplementary Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 2. Whereas the policy ol 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 cost should be delayed, but when made such increases should, so far as possible, be limited to actual additional increase in the seller's costs. Article IX — Effective Date 1. This Supplementary Code shall become effective at 12 : 01 A.M. on the tenth (10th) day after approval of same by the President. Approved Code No. 84. Registry No. 1149-24. Supplement No. 15. o