Approved Code No. 347 — Supplement No. 35 Registry No. 1323 — 05 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR TIIE 
 
 OIL FIELD PUMPING ENGINE 
 MANUFACTURING INDUSTRY 
 
 (A Division of the Machinery and Allied Products Industry) 
 AS APPROVED ON JULY 25, 1934 
 
 WE DO OUR PART 
 
 UNIV. OF FL LIS. 
 
 \ A M H -> 
 
 u.s. DEPoarrroKY 
 
 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. 
 Chicago, 111.: Suite 1706, 201 North Wells Street. 
 Cleveland, Ohio: Chamber of Commerce. 
 Dallas, Tex.: Chamber of Commerce Building. 
 Detroit, Mich.: 801 First National Bank Building. 
 Houston, Tex.: Chamber of Commerce Building. 
 Indianapolis, Ind.: Chamber of Commerce Building. 
 Jacksonville, Fla.: Chamber of Commerce Building. 
 Kansas City, Mo.: 1028 Baltimore Avenue. 
 Los Angeles, Calif.: 1163 South Broadway. 
 Louisville, Ky.: 408 Federal Building. 
 Memphis, Tenn.: 229 Federal Building. 
 Minneapolis, Minn.: 213 Federal Building. 
 New Orleans, La.: Room 225- A, Customhouse. 
 New York, N.Y.: 734 Customhouse. 
 Norfolk, Va.: 406 East Plume Street. 
 Philadelphia, Pa.: 422 Commercial Trust Building. 
 Pittsburgh, Pa.: Chamber of Commerce Building. 
 Portland, Oreg.: 215 New Post Office Building. 
 St. Louis, Mo.: 506 Olive Street. 
 San Francisco, Calif.: 310 Customhouse. 
 Seattle, Wash.: 809 Federal Office Building. 
 
Approved Code No. 347 — Supplement No. 35 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 OIL FIELD PUMPING ENGINE MANUFACTURING 
 
 INDUSTRY 
 
 As Approved on July 25, 1934 
 
 ORDER 
 
 Approving Supplementary Code of Fair Competition for the Oil 
 Field Pumping Engine Manufacturing Industry 
 
 a division of the machinery and allied products industry 
 
 An application having been duly made pursuant to and in full 
 compliance with the provisions of Title I of the National Industrial 
 Recovery Act, approved June 16, 1933, for approval of a Supple- 
 mental Code of Fair Competition for the Oil Field Pumping Engine 
 Manufacturing Subdivision of Machinery and Allied Products In- 
 dustry, and hearing having been duly held thereon and the annexed 
 report on said Supplemental Code containing findings with respect 
 thereto, having been made and directed to the President : 
 
 NOW, THEREFORE, on behalf of the President of the United 
 States, I. Hugh S. Johnson, Administrator for Industrial Recovery, 
 pursuant to authority vested in me by Executive Orders of the 
 President, including Executive Order No. G543-A, dated December 
 30, 1933, and otherwise; do hereby incorporate by reference said 
 annexed report and do find that said Supplemental Code complies 
 in all respects with the pertinent provisions and will promote the 
 policy and purposes of said Title of said Act; and do hereby order 
 that said Supplemental Code of Fair Competition be and it is 
 hereby approved subject to the condition that the provisions of 
 Article VIII, Section (a), insofar as they prescribe a waiting period 
 between the filing with the Code Authority (or such agency as may 
 be designated in the Supplemental 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. 
 Barton W. Murray, 
 
 Division Administrator. 
 
 "Washington, D.C.. 
 
 Jidy £5, 1931 
 
 761SS° S29-140 34 (i) 
 
REPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 Sir : This is a report on the Supplemental Code of Fair Competi- 
 tion for the Oil Field Pumping Engine Manufacturing Subdivision 
 of the Machinery and Allied Products Industry, public hearing hav- 
 ing been conducted thereon in Washington, D.C., December 21, 1933, 
 in accordance with the provisions of Title I of the National Indus- 
 trial Recovery Act. Every person who filed a request for an appear- 
 ance was freely heard in public and all statutory and regulatory 
 requirements were complied with. 
 
 GENERAL STATEMENT 
 
 The Oil Field Pumping Engine Manufacturers Association being 
 truly representative of this Subdivision of the Machinery and Allied 
 Products Industry, has elected to avail itself of the option of sub- 
 mitting a Supplemental Code of Fair Competition, as provided in 
 paragraph (2), Article I of the Basic Code for the Machinery and 
 Allied Products Industry approved by you on the seventeenth day 
 of March, 1934. 
 
 This Subdivision represents a part of the capital goods Industry, 
 manufacturing and selling internal combustion engines of slow- 
 speed, stationary, oil-well pumping type, using natural gas or oil 
 for fuel, accessories thereto and parts thereof. 
 
 ECONOMIC EFFECT 
 
 In 1929, this Subdivision of the Industry employed approximately 
 1,657 persons ; 1,496 are estimated to have been factory workers. 
 
 Since 1929, annual sales decreased approximately 85% in 1932 and 
 employment 67% as of the first quarter of 1933. Since then, factory 
 employment has increased to 1,046 or 113%, and man-hours 117%. 
 
 In June 1933, about 65% of the factory workers were working 
 more than 40 hours per week, and 28% were receiving less than 40 
 cents per hour with a lowest minimum wage ranging between 25 and 
 29.5 cents. The lowest minimum wage paid b}^ any reporting con- 
 cern as of October 15, 1933, ranged between 30 and 34.9 cents. 
 
 The minimum wage provisions for this Subdivision are based on 
 a flat minimum hourly rate of 32 cents per hour for the South and 
 the following city population differentials for all other sections of 
 the United States: 
 
 Over 50,000 population 40tf per hour 
 
 10,000 to 50,000 population 3S<? per hour 
 
 10,000 population and under 36tf | ev hour 
 
 (2) 
 
In addition to the minimum wage rates shown above, the Supple- 
 mental Code provides that women engaged in substantially the same 
 work as men shall receive the same rate of pay as such men employ- 
 ees, and that the minimum wage for women employees engaged in 
 plant operations shall be not less than 87.5 per cent of the proper rate 
 for the locality in which employed as specified, and the minimum in 
 the South shall be not less than 32 cents per hour. 
 
 Estimated number of factory loorkci's receiving less than designated hourly 
 
 rates 
 
 Proposed minimum hourly rates 
 
 40 cents (other U.S.) 
 38 cents (other U.S.) 
 36 cents (other U.S.) 
 32 cents (South) 
 
 Distribution of factory 
 workers receiving less 
 than the minimum 
 regardless of location 
 
 Approxi- 
 mate 
 percent 
 
 28.1 
 21.4- 
 14.8 
 8.3 
 
 Approxi- 
 mate 
 number 
 
 235 
 180 
 124 
 70 
 
 Based on the distribution as of June 15, 1933, and on the specified 
 percentages of the number of factory workers receiving less than the 
 designated rates shown in the above table, the adoption of the pro- 
 posed minimum rates will probably cause an increase in factory pay- 
 rolls. The estimated increase as of June 15, 1933, regardless of loca- 
 tion of the workers, will probably, under the most favorable condi- 
 tions, not exceed 4.0 percent assuming only upward adjustment in the 
 brackets below the 40-cent minimum and no change in man-hour 
 requirements. 
 
 Article I states the purpose of the Supplemental Code. 
 
 Article II accurately defines specific terms employed in this Sup- 
 plemental Code. 
 
 Article III. The labor provisions of the Basic Code for the Ma- 
 chinery and Allied Products Industry as approved March 17, 1934, 
 are incorporated by reference as the labor provisions of this Supple- 
 mental Code. 
 
 Article IV adopts the relevant portions of Article II " Definitions " 
 and Article VI "Administration ", and Article VIII, " Modifications 
 and Termination " of the Basic Code for the Machinery and Allied 
 Products Industry, as approved March 17, 1934. 
 
 Article V establishes a Code Authority consisting of seven mem- 
 bers, one of whom may be elected from and by the employers who 
 are non-members of the Applicant Association. The Administrator, 
 in his discretion, may appoint one additional member (without vote 
 and without expense to the Subdivision). 
 
 Article VI provides for an accounting system and methods of 
 cost finding and/or estimating. 
 
 Article VII provides for the determination of a lowest reasonable 
 cost, when an emergency exists in the Subdivision as a result of de- 
 structive price-cutting. The Administrator may approve, disapprove, 
 or modify the determination. 
 
Article VIII provides for methods of setting up, revising and filing 
 price lists and discount sheets and terms of sale and payment. 
 
 Article IX sets forth the fair trade practices which have been 
 especially designed to effect fair competition in this Subdivision. 
 
 Article X defines export territory and provides that filed price lists 
 are not applicable to export shipments. 
 
 Article XI contains the mandatory provisions contained in Section 
 10 (b) of the Act, and also provides for the submission of proposed 
 amendments to the Supplemental Code. 
 
 Article XII provides for the withdrawal of this Subdivision from 
 jurisdiction of the Basic Code Authority and for the continued func- 
 tioning of this Subdivision as an individual industry under its own 
 code. 
 
 Article XIII stipulates that there shall be no inequitable restric- 
 tions and provides against monopolies. 
 
 Article XIV gives the effective date of this Supplemental Code. 
 
 FINDINGS 
 
 The Assistant Deputy Administrator in his final report to me on 
 said Supplemental Code having found as herein set forth and on the 
 basis of all the proceedings in this matter : 
 
 I find that: 
 
 (a) Said Supplemental Code is well designed to promote the poli- 
 cies and purposes of Title I of the National Industrial Recovery 
 Act, including removal of obstructions to the free flow of inter- 
 state 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 purpose of cooperative action among 
 the trade groups, by inducing and maintaining the 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 ca- 
 pacity of industries, by avoiding undue restriction of production 
 (except as may be temporarily required), by increasing the con- 
 sumption of industrial and agricultural products through increasing 
 purchasing power, by reducing and relieving unemployment, by im- 
 proving standards of labor, and by otherwise rehabilitating industry. 
 
 (b) Said Subdivision normally employs not more than 50,000 
 employees, and is not classified by me as a major industry. 
 
 (c) The Supplemental Code as approved complies in all respects 
 with the pertinent provisions of said Title of said Act, including 
 without limitation Subsection (aj of Section 3, Subsection (a) of 
 Section 7, and Subsection (b) oi Section 10 thereof; and that the 
 applicant group is an industrial association truly representative of 
 the aforesaid Subdivision of the industry; and that said association 
 imposes no inequitable restrictions on admission to membership 1 
 therein. 
 
 (d) The Supplemental Code is not designed to and will not 
 permit monopolies or monopolistic practices. 
 
 (e) The Supplemental Code is not designed to and will not elim- 
 inate or oppress small enterprises and will not operate to discriminate 
 against them. 
 
(f) Those engaged in other steps of the economic process have not 
 been deprived of the right to be heard prior to approval of said 
 Supplemental Code. 
 
 For these reasons, therefore, I have approved this Supplemental 
 Code, provided that certain provisions relating to price publication 
 are stayed as stated in the Order. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 A dministrator. 
 July 25, 1934. 
 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE OIL FIELD PUMPING ENGINE MANUFACTURING 
 INDUSTRY 
 
 A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 
 
 Article I — Purposes 
 
 To effectuate the policy of Title I of the National Industrial Re- 
 covery Act, the following provisions are established as a Supple- 
 mental Code of Fair Competition for the Oil Field Pumping Engine 
 Manufacturing Subdivision of the Machinery and Allied Products 
 Industry, and together with the Code of Fair Competition of Ma- 
 chinery and Allied Products Industry, shall be the standard of fair 
 competition for this Subdivision, and shall be binding on every 
 employer therein. 
 
 Article II — Definitions 
 
 "Applicant " means the Oil Field Pumping Engine Manufacturers' 
 Association, a trade organization, all members of which are engaged 
 in the manufacture for sale of the products of the Oil Field Pump- 
 ing Engine Manufacturing Subdivision of the Machinery and Allied 
 Products Industry. 
 
 " Industry " means the Machinery and Allied Products Industry, 
 as defined in its Code of Fair Competition as approved by the Presi- 
 dent, and as such definition may from time to time be amended. 
 
 " Subdivision " means the Oil Field Pumping Engine Manufactur- 
 ing Subdivision of the Machinery and Allied Products Industry as 
 defined and set forth in paragraph 20, Article II of the Code of Fair 
 Competition of the Machinery and Allied Products Industry as 
 follows : 
 
 " Oil Field Pumping Engine Manufacturing Subdivision " means 
 the manufacture for sale of internal combustion engines of the slow- 
 speed, stationary, oil-well pumping type, using natural gas or oil for 
 fuel, accessories thereto and parts thereof, and includes all those 
 engaged in such manufacture for sale." 
 
 " Code " means the Code of Fair Competition for the Machinery 
 and Allied Products Industry as approved by the President March 
 17, 1934, and as from time to time amended. 
 
 " Person " means a natural person, a partnership, a corporation, an 
 association, a trust, a trustee, a trustee in bankruptcy, a receiver or 
 other entity. 
 
 " Employer " means any person engaged in this Subdivision either 
 on his own behalf or as an employer of labor. 
 
 " Employee " means anyone who is employed in the Subdivision by 
 any such employer. 
 
 (6) 
 
" The Act " means Title I of the National Industrial Recovery Act. 
 
 " The President " means the President of the United States. 
 
 " The Administrator " means the Administrator for Industrial 
 Recovery. 
 
 " Basic Code Authority " means the Code Authority for the Ma- 
 chinery and Allied Products Industry as constituted by the Code. 
 
 " Code Authority " means the Code Authority constituted for this 
 Subdivision as provided by the Code and by this Supplemental Code. 
 
 " Group Code Authority " means the Code Authority for any 
 group or product classification within this Subdivision. 
 
 " Publish " means to make available to the public. 
 
 Article III — Employment Provisions 
 
 The following Articles of the Code, viz : Article III, " Working 
 Hours " ; Article IV, " Wages " ; and Article V, " General Labor Pro- 
 visions " are hereby made a part of this Supplemental Code, with 
 the same effect as if they were written into this Supplemental Code. 
 
 Article IV — Adoption or Other Provisions of Code 
 
 The following Articles of the Code, viz : Article II " Definitions " 
 and Article VI, "Administration ", to the extent that they shall be 
 applicable to this Supplemental Code as such or as it may hereafter 
 be administered as an autonomous Code ; and Article VIII. " Modifi- 
 cations and Termination " are hereby made a part of this Supple- 
 mental Code, with the same effect as if they were written into this 
 Supplemental Code. 
 
 Article V — Administration 
 
 (a) A Code Authority for this Subdivision is hereby constituted 
 to administer, supervise and facilitate the enforcement of the Code 
 and of this Supplemental Code in the manner and to the extent pro- 
 vided in the code and in this Supplemental Code. 
 
 (b) During a period not to exceed sixty (60) days following the 
 effective date and pending the election of the permanent Code Au- 
 thority, the executive committee of the Applicant shall constitute a 
 temporary Code Authority. The Administrator in his discretion 
 may appoint one additional member (without vote and without ex- 
 pense to the Subdivision). 
 
 (c) The Applicant shall, by written notice sent by registered mail 
 to all employers known to the Applicant, call a meeting of employers 
 to be held within sixty (60) days after the effective date of this 
 Supplemental Code for the purpose of adopting procedural rules and 
 regulations for the election, organization and operation of the per- 
 manent Code Authority and electing a permanent Code Authority 
 which shall consist of seven members, one of whom may be elected 
 from and by the employers who are non-members of the Applicant, 
 if such representation shall be so desired by such employers. The 
 Administrator, in his discretion, may appoint one additional mem- 
 ber (without vote and without expense to the Subdivision). The 
 permanent Code Authority so elected and appointed shall succeed the 
 temporary Code Authority. 
 
Any vacancy on the Code Authority due to death or resignation 
 or because a member thereof has ceased to be connected with the 
 Subdivision shall be filled at a meeting of employers called by Code 
 Authority on at least ten (10) days' notice by registered mail sent 
 to all known employers in the Subdivision and by a vote similar 
 to the vote by which the retired member was originally elected. 
 
 In order that the Code Authority shall at all times be truly rep- 
 resentative of the Subdivision and in other respects comply 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 Code Authority is not truly representative or does not in 
 other respects comply with the provisions of the Act, may require 
 an appropriate modification of the Code Authority. 
 
 Each trade or industrial association directly or indirectly par- 
 ticipating in the selection or activities of the Code Authority shall 
 (1) impose no inequitable restrictions on membership, and (2) sub- 
 mit to the Administrator true copies of its articles of association, 
 By-Laws, regulations and any amendments when made thereto, 
 together with such other information as to membership, organiza- 
 tion, and activities as the Administrator may deem necessary to 
 effectuate the purposes of the Act. 
 
 (d) Any emplover shall be entitled to vote at the election of the 
 permanent Code Authority and at other meetings of employers and 
 share in the benefits of the activities of Code Authority and may 
 participate in any endeavors of Code Authority in the preparation 
 of any amendment or revisions of, or additions or supplements to, 
 this Supplemental Code by paying or agreeing to pay, as and when 
 assessed, his proper pro rata share of the reasonable cost of admin- 
 istering this Supplemental Code as determined by Code Authority. 
 
 (e) Action by employers in any Subdivision meeting for the elec- 
 tion of Code Authority shall be by vote of the employers entitled to 
 vote as provided in Section (d) of this Article V, and who are pres- 
 ent in person or by proxy, each such employer to have one vote only. 
 Action by employers in any Subdivision meeting for the adoption of 
 procedural rules, revisions or additions to the Supplemental Code, 
 or the transaction of other business of the Subdivision under this 
 Supplemental Code, shall be by vote of the employers in the Sub- 
 division who are entitled to vote thereat as provided in Section (d), 
 Article V of the Supplemental Code and are present in person or by 
 proxy duly executed and filed with Code Authority; cast and com- 
 puted in the manner provided in Section (d) Article VI of the 
 Code. All questions as to the number of votes which each employer 
 shall be entitled to cast at any meeting of employers other than the 
 meeting held to vote for the election of the permanent Code Author- 
 ity shall be determined by Code Authority in accordance with Sec- 
 tion (d) Article VI of the Code. 
 
 (f ) Employers in this Subdivision having a common interest and 
 common problems may be grouped by Code Authority for adminis- 
 trative purposes. There shall be a group Code Authority approved 
 or appointed by Code Authority for each such group. 
 
 (g) If formal complaint is made to Code Authority that provi- 
 sions of this Supplemental Code have been violated by any emplo} 7 er, 
 Code Authority or the proper Group Code Authority may, to the 
 
extent permitted by the Act, cause such investigation or audit to be 
 made as may be deemed necessary. If such investigation is made by 
 Group Code Authority, it shall report the result of such investiga- 
 tion or audit to Code Authority for action. 
 
 (h) The Code Authority may appoint a Trade Practice Commit- 
 tee which shall meet with the Trade Practice Committees appointed 
 under such other codes as may be related to the Subdivision for the 
 purpose of formulating fair trade practices to govern the relation- 
 ships between production and distribution employers under this 
 Supplemental Code and under such others to the extent that such 
 fair trade practices may be proposed to the Administrator as amend- 
 ments to this Supplemental Code and such other Codes. 
 
 Article VI — Accounting and Costing 
 
 The Code Authority shall cause to be formulated an accounting 
 system and methods of cost rinding and/or estimating capable of use 
 by all employers of the Subdivision. After such system and meth- 
 ods have been formulated, full details concerning them shall be made 
 available to all employers. Thereafter all employers shall deter- 
 mine and/or estimate costs in accordance with the principles of such 
 methods. 
 
 Article VII — Selling Below Reasonable Cost 
 
 When the Code Authority determines that an emergency exists in 
 this Subdivision and that the cause thereof is destructive price- 
 cutting such as to render ineffective or seriously endanger the main- 
 tenance of the provisions of this Supplemental Code, the Code 
 Authority may cause to be determined the lowest reasonable cost of 
 the products of this Subdivision, such determination to be subject 
 to such notice and hearing as the Administrator may require. The 
 Administrator may approve, disapprove, or modify the determina- 
 tion. Thereafter, during the period of the emergency, it shall be 
 an unfair trade practice for any employer of the Subdivision to sell 
 or offer to sell any products of the Subdivision 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 
 the lowest reasonable cost of such products. 
 
 When it appears that conditions have changed, the Code Author- 
 ity, upon its own initiative or upon the request of any interested 
 party, shall cause the determination to be reviewed. 
 
 Article VIII — Price Lists 
 
 (a) If and when Code Authority determines that in any group 
 of the Subdivision it has been the generally recognized practice to 
 sell a specified product on the basis of net price lists, or price lists 
 with discount sheets, and terms of sale and payment, each employer 
 engaged in the manufacture of such product, shall, within ten (10) 
 days after notice of such determination, file with Code Authority a 
 net price list, or a price list with discount sheet, as the case may be, 
 individually prepared by him, showing his current prices, or prices 
 
10 
 
 and discounts, and terms of sale and payment for such specified 
 product, and Code Authority shall immediately publish and send 
 copies thereof to all known employers who are cooperating under 
 this Supplemental Code as described in Article V (d) and engaged 
 in the manufacture of such specified products. 
 
 Revised price lists and/or discount sheets and/or terms of sale and 
 payment may be filed from time to time thereafter with the Code 
 Authority by any such employer, to become operative upon the date 
 specified therein, but such revised price lists and/or discount sheets 
 and/or terms of sale and payment shall be filed with the Code Au- 
 thority ten (10) days in advance of the operative date. Copies 
 thereof, with notice of the operative date specified, shall be imme- 
 diately published and sent to all employers cooperating under this 
 Supplemental Code as described in Article V (d), any of whom may 
 file, if he so desires, revisions of his price lists and/or discount 
 sheets and/or terms of sale and payment, which shall become effective 
 upon the date when the revised price list and/or discount sheet 
 and/or terms of sale and payment first filed shall go into effect. 1 
 
 (b) If and when Code Authority shall determine that in any group 
 of the Subdivision not now selling its product on the basis of price 
 lists, with or without discount sheets, with terms of sale and payment, 
 the distribution or marketing conditions in the group are the same as, 
 or similar to the distribution or marketing conditions in a group 
 where the use of price lists, with or without discount sheets 
 and terms of sale and payment is well recognized, and that a system 
 of selling on net price lists or price lists and discount sheets with 
 terms of sale and payment for such specified product should be put 
 into effect in such group, then each employer in such group shall, 
 within twenty (20) days after notice of such determination, file with 
 Code Authority net price lists or price lists and discount sheets, with 
 terms of sale and payment, showing his prices and discounts and 
 terms of sale and payment, and the Code Authority shall immediately 
 publish and send copies thereof to all known employers who are 
 cooperating under this Supplemental Code, and such price lists 
 and/or discount sheets and/or terms of sale and payment may be 
 thereafter revised in the manner hereinbefore provided. Provided 
 that Code Authority shall make no determination to place any prod- 
 uct of the Subdivision (not now on a price list basis) on a price list 
 basis, as provided in this Section unless affirmative consent to such 
 determination is given by a majority vote of employers who are at 
 that time cooperating under this Supplemental Code as described in 
 Article V (d), and are engaged in manufacturing such product. The 
 eligibility requirements, method and effect of such voting shall be 
 the same as is provided by Article V. 
 
 (c) Code Authority for the purpose of determining the lowest 
 reasonable cost, shall, to the extent permitted by the Act, have power 
 on its own initiative or on the complaint of any employer, to investi- 
 gate any price or the terms of sale and payment for any product; 
 and, for the purpose of the investigation thereof, to require an em- 
 ployer to furnish such information concerning the cost of manufac- 
 turing and selling such product as Code Authority shall deem neces- 
 sary or proper for such purpose, and as the Act may allow. Upon 
 
 1 See paragraph 2 (3) of order approving this Code. 
 
11 
 
 requestj said information thus obtained shall be available to the 
 Administrator. 
 
 No employer shall sell directly or indirectly b} 7 any means whatso- 
 ever, any product of the Subdivision covered by provisions of this 
 Article VIII at a price or at discounts or on terms of sale and pay- 
 ment, different from those provided in his own current net price 
 lists, or price lists and discount sheets, and terms of sale and payment. 
 
 Article IX — Trade Practices 
 
 Each of the following acts and practices is deemed to be inimical 
 to the best interests of the Subdivision and of the public and each is, 
 therefore, hereby declared to be, and to constitute, an unfair method 
 of competition and is hereby prohibited, viz: 
 
 1. The secret payment or allowance of a rebate, refund, commis- 
 sion, credit, unearned discount or excess allowance, whether in the 
 form of money or otherwise or the offering or extending to any 
 customer any special service or privilege not extended to all cus- 
 tomers of the same class, for the purpose of influencing a sale. 
 
 2. No employer of the Subdivision shall give, permit to be given, 
 or directly offer to give, anything of value for the purpose of in- 
 fluencing or rewarding the action of any employee, agent, or repre- 
 sentative 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 employer, principal or party. Com- 
 mercial bribery provisions shall not be construed to prohibit free 
 and general distribution of articles commonly used for advertising 
 except so far as such articles are actually used for commercial 
 bribery as hereinabove defined. 
 
 3. Any discrimination between purchasers of the same class by 
 the sale of any standardized article, having a published price, at 
 any price below the seller's published price, by means of direct or 
 indirect price concessions, or by means of any privilege not extended 
 to such purchasers generally. 
 
 4. No emploj'er of the Subdivision shall publish advertising 
 (whether printed, radio, display or of any other nature), which is 
 misleading or inaccurate in any material particular, nor shall any 
 employer in any way misrepresent any goods (including but without 
 limitation its use, trade-mark, grade, quality, quantity, origin, size, 
 substance, character, nature, finish, material, content or preparation) 
 or credit terms, values, policies, services, or the nature or form of 
 the business conducted. 
 
 5. The publishing or circularizing of threats of suits for infringe- 
 ment of patents or trade-marks, or of any other legal proceedings, 
 not in good faith, which would tend to harass competitors or intimi- 
 date their customers. 
 
 6. The engaging in destructive price-cutting by any employer of 
 this Subdivision. 
 
 Article X — Sales for Export 
 
 The provisions of this Supplemental Code concerning pricing and 
 marketing shall not apply to direct export sales of any product, or 
 to sales of any product destined ultimately for export. The term 
 
12 
 
 " export " shall include all shipments to all places without the several 
 states of the United States and the District of Columbia; provided, 
 however, that no shipment to any territory or possession of the 
 United States shall be considered an export when any employer is 
 engaged in the Subdivision in such territory or possession. 
 
 Article XI — Modifications 
 
 (a) As provided by Section 10 (b) of the Act, the President may 
 from time to time cancel or modify any order, approval, license, 
 rule or regulation issued under Title I of the Act. 
 
 (b) Any amendments, additions, revisions, or supplements of this 
 Supplemental Code, proposed by Code Authority, and authorized 
 by the affirmative vote of two thirds of the employers shall be in 
 full force and effect upon approval by the President. The eligibility 
 requirements, method and effect of such voting shall be the same 
 as provided by Article V hereof. 
 
 Article XII — Withdrawal 
 
 Upon thirty (30) days' notice to the Basic Code Authority and to 
 the Administrator, this Subdivision may, upon the concurring af- 
 firmative vote of employers within the said Subdivision entitled to 
 cast two-thirds or more of all the votes that might be cast by all 
 employers within the Subdivision entitled to vote thereon, withdraw 
 from the jurisdiction of the Basic Code Authority. The eligibility 
 of voters and the method and effect of such voting shall be in ac- 
 cordance with the provisions of Article V hereof. After and in the 
 event such withdrawal is accomplished, this Supplemental Code, 
 together with the provisions of the Code, shall become and be the 
 sole code governing this Subdivision and the Code Authority shall, 
 for this Subdivision, become and be the sole Code Authority and shall 
 perform all the functions with respect thereto. 
 
 Article XIII — Monopolies 
 
 Applicant imposes and shall impose no inequitable restrictions on 
 membership therein. The Supplemental Code presented by it is not 
 designed to promote monopoly, and shall not be so construed or 
 applied as to oppress or eliminate small enterprises or discriminate 
 against them, and is designed to effectuate the policy of the Act. 
 
 Article XIV- — Effective Date 
 
 This Supplemental Code shall become effective and binding on 
 all persons engaged in the Subdivision on the eleventh day after its 
 approval. 
 
 Approved Code No. 347 — Supplement No. 35. 
 Registry No. 1323-05. 
 
 o 
 
UNIVERSITY OF FLORIDA 
 
 lilllllllllllllllllllll 
 
 '" 3 1262 08853 8508