PAGE 1 V Approved Code o. 315-Arnendment o. 2 Registry o. 1399-24 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO OF FAIR COMPETITION FOR THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY AND INDUSTRIAL SAFETY EQUIPMENT TRADE ' AS APPROVED ON FEBRUARY 21, 1935 WE DO OUR PA.RI' I UNITED ST ATES GOVER IME T PRI TTING OFFICE WASHrnGTO : 1935 For sale by the Superintendent of Documents, Washinglon. D. C. - • Price 5 cents PAGE 2 This publication is for sale by the Superintendent of D ocuments, Government Printing Washington, D. C., and by d ist1ict offices of the Bureau of Foreign and Domestic Comm e rce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Bnilding. Birmingham, Ala. : 257 Federal Building . Boston, Mass. : 18 0 1 Customhouse. Buffalo, N. Y.: Chamber of Commerce Building. Charleston, S. C . : Chambe r of Commerce Building. Chicago, Ill.: Suite 1706, 201 N orth Wells Street. Clev e l and, Ohio : Chamber of Commerce. D allas, Tex. : Chamber of Commerce Building. D etroit, Mich.: 801 First National Bank Building. H o u s t o n, Tex. : Chamber of Commerce Building. Indiana polis, Ind. : Chamber of Commerc e Building. Jackso n v ille, Fla.: Chamber of Commerce Building. Kansa s City, l\Io.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minnea polis, Minn. : 213 Federal Building. New Orleans, La.: Ro o m 225-.A, Customhouse. New York, N. Y.: 734 Customhouse. Norfo lk, Va.: 406 East Plume Street. Philadel phia, P a. : 422 Commercial Trus t Building. Pittsburg h, Pa. : Chambe r of Commerce Building. Portland, Or eg. : 215 New Pos t Office Building. St. Louis, Mo.: 5 06 Oli ve Street. San Francisco, Calif. : 310 Customhouse. Se::.i.ttle. Wash.: 809 F e deral Office Building. PAGE 3 Approved Code No. 315-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY. AND INDUSTRIAL SAFETY EQUIPMENT TRADE As Approved on February 21, 1935 ORDER APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE IND TRIAL SAFETY EQ IPMENT INDU TRY AND L:rDu TRIAL SAFETY EQUIPMENT TRADE An application having been duly made pur uant to and in full ompliance with the provisions of Title I of the National Industrial Reco very Act, appro,ed June 16, 1933, for the appro-val of an amendment to a Code of Fair Competition for the Industrial afety Equipment Indu try and Indu trial Safety Equipment Trade and opportunity to be heard having been noticed to all intere ted partie and the annexed report on said amendment containinff finding with re-pect thereto, having been made and directed to the Pre ident: NOW, THEREFORE, on behalf of the Pre ident of the nited States, the National Indu trial Recovery Board pur uant to authority vested in it by Executive Orde r s of the Pre ident including Executive Order o. 6 59, dated September 27, 1934, and otherwi e; doe hereby incorporate, by reference, ail annexed report and does find that aid amendment and the Code a con tituted after being amended comply in all re pects with the pertinent pro-vi ions and will promote the policy and purpo e of aid Title of aid Act, and does hereby order that said amendment b e and it i hereby approved, and that the previous approval of aid Code i hereby amended to include an approval of said Code in it entirety as amended. ATIONAL I :rDuSTRIAL RECOVERY Bo.ARD By W. A. HARRI:oIA, Administ1ati e Officer. Approval rec01nmended BARTON w. f URRAY Di ision Ad1ninistrator. WA HINGTOK, D. c., F e b ruaTy ~1, 1.935. 117221 -1603-20-35 (1) PAGE 4 REPORT TO THE PRESIDENT The PRESIDENT, The White Hous e . Srn: Thi is a report on an Amendment to the Code of Fair Competition for the Industrial Safety Equipment Industry and Industrial Safety Equipment Trade. In accordance with the requirements of the National Recovery Administration, due opportunity to be heard was afforded to all intere ted per ons, and all objections received were given due con ideration. This Amendment is designed to effectuate an open price policy. FINDINGS The A sistant Deputy Admini trator in his final report on said Amendment to said Code having found as herein set forth and on the basi of all the proceedings in this matter ; The National Industrial Recover} Board finds that: (a) The Amendment to said Code and the Code as amended are well designed to promote the policies and purpo es of Title I of the National Industrial Recovery Act, including the removal of obstruction to the free flow of inter tate 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 of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fulle t possible utilization of the present productive capacity of industries, by avoiding undue re triction 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 standards of labor, and by other wise rehabilitating indu try. (b) The Code as amended complies in all respect with the pertinent provi ion s of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and subect i on (b) of Section 10 thereof. ( c) The Code empowers the Code Authority to pre ent the aforesaid Amendment on behalf of the Industry as a whole. ( d) The Amendment and the Code as amended are not de igned to and will not permit monopolies or monopolistic practice . ( e) The Amendment and the Code as amended are de s i ned to and wi ll not liminate or oppress small enterpri e and will not op rat to di criminate again t them. ( f) Tho e engaged in other tep of the conomic proce have not been 1 pri ed of the right to be heard prior to approval of aid Amencln nt. For th se r a n , th refore, th Boar 1 has approv d this Amendm nt. F r th ati nal In u trial R covery Board : FEBR ARY 21, 1935. (2) w. A. H RRil\IA.l ' Adm,inistrative Officer. PAGE 5 ODE OF FAIR CO~fPETITIO FETY EQUIPi1ENT IND FETY EQUIP1IEXT TRADE FOR TRY mend Article VII by deleting Section 6 (g) and substituting in lieu thereof, the following: (g) Op en P rice Policy.-(1) When any group manufacturing and/or selling specified products of this Industry and/ or Trade decide by majority vote of such group, that it i s desirable to adhere to a poli cy of published prices for each indindual member of the group, it shall be mandatory for each member of the group to adhere to this policy and each member of the product group shall file with a confidential and disinterested agent of the Code Authority or, if none, the n with such an agent designated by the :N" ational Industrial Reco-very Board, identified lists of all of his prices, discounts, re bates, allowances, and all other terms or conditions of sa le, hereinafter in this Subsection referred to as "price terms", which lists shall completely and a ccurately conform to and represent the individual pricing practices of said member. Such lists shall contain the price terms for all suc h standard products of the product group as are sold or offered for sale bv said member and for such of said member's non-standard product's of said product group as shall be designated by the Code Authority. Said price terms shall in the first instance be filed within ten days after the date established by the product group as the effecti-ve date for s u ch first price filing. Price terms and revised price t erms shall become effective immedi ately upon receipt thereof by said agent. Immediately upon receipt thereof, said agent shall b y telegraph or other equally prompt means notify said member of the time of suc h receipt. Such lists and revi sions, together with the effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the product group and to all of their customers who have applied therefor and have offered to defray the cost actually incurred by the ode Authority in the preparation and distribution thereof and be available for ins pection by any of their customers at the office of uch agent. Said lists or revisions or any part thereof shall not be n1ade a,ailable to any person until relea sed to all members of the product group and their customers, as aforesaid; provided, that prices filed in the first instance shall not be released until the expiration of the aforesaid ten day p eriod after the elate established by the product group as the effective date for such first price filing. The ode Authority shall maintain a permanent file of all price term filed as herein provided, and shall not destroy any part of such records except upon written consent of the X ational Industrial Re covery Board. Upon requ est the Code Authority shall furnish to the National Industrial Recovery Board or any duly designated agent of said Board copies of any such lists or re';'"isions of price terms. (2) ,V-hen any member of the product group has filed any revision, such member shall not file a highe r price within forty-eight ( 48) hours. (3) Ko member of the product group shall sell or offer to sell any products of the product group, for which price terms have been filed (3) PAGE 6 4 pursuant to the provi ion s of this Subsection, except in accordance with uch price terms. ( 4) o member of the product group shall enter into any agreement under tan ling, combination or conspiracy to fix or maintain price terms, nor cau e or attempt to cause any member of the product group to change his price term by the use of intimidation, coercion, or any other influence inconsi tent with the 1naint enance of the free and open market which it is the purpo e of this Sub ection to create. Appro,ed Code No . 315--Amendment No. 2. Registry o. 139~24. 0 PAGE 7 Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/amendmenttocodeo8977unit PAGE 8 UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII Ill 1111111111111111111 3 1262 08582 8977