y Approved Code No. 88 — Supplement No. 1 Registry No. 1133—16 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE FIRE RESISTIVE SAFE INDUSTRY (A Division of the Business Furniture, Storage Equipment and Filing Supply Industry) AS APPROVED ON JULY 30, 1934 WE DO OUR PART F FL LI*. S. C»EPO*- UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. -------- Price 5 cento 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. 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Approved Code No. 88 — Supplement No. 1 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE FIRE RESISTIVE SAFE INDUSTRY As Approved on July 30, 1934 ORDER Supplementary Code of Fair Competition for the Fire Resistive Safe Industry a division of the business furniture, storage equipment and filing supply 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 Fire Resistive Safe In- dustry to the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry, and hearings hav- ing been duly held thereon and the annexed report on said Supple- mental 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 Presi- dent, including Executive Order No. 6543-A dated December 30, 1933, and otherwise; do hereby incorporate by reference said an- nexed 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; provided, however, that the Provisions of Article VII, Section 1, insofar as they prescribe a waiting period between the filing with the designated agency 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 60 days from the effective date of this Supplemental Code or after the completion of a study of open price associations now being conducted by the National Recovery Administration. Hugh S. Johnson, Administrator for Industrial Rccoveiy, Approval recommended : C. A. Adams, Division Administrator. Washington, D.C., . July 30, 1934. 771 03° 820-171 34 1 (1) REPORT TO THE PRESIDENT The President, The White Hoxose. Sir : The proposed Supplemental Code of Fair Competition for the Fire Resistive Safe Industry was submitted to the Adminis- trator on November 28, 1933, by the Safe Manufacturers National Association, representing 85% of the known Members of the Industry. A hearing was conducted in Washington on December 20, 1933. The Code was revised during the recess and is submitted in its pres- ent form for approval. Every person who requested an appearance was properly heard in accordance with statutory and regulatory requirements. The Code of Fair Competition for the Fire Resistive Safe Industry is a supplement to the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry, ap- proved on November 4, 1933, and its effect on labor and wages was, therefore, included in my report to you submitted with the proposed Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry under date of November 2, 1933. The following pertinent statistics, however, representing a consoli- dation of reports from 25 Members of the Industry, have been sub- mitted to the Administration. Sales declined from $7,000,000 in the year 1929 to $600,000 in the year 1933, a drop of roughly 91%. The number of employees coincidently declined from an average of 2,000 in the year 1929 to 750 in June 1933, a drop of roughly 63%. Since the latter date marked improvement in sales has been experienced, totally absorbing the lag and has resulted in the return of many employees to the factories. Improvement will further be aided by the Fair Trade Practices contained in the Code, which prevent the past abuses prevalent in the Industry. RESUME OF C09E Article I, Purposes, states the purpose of the Cede. Article II, Definitions, accurately defines specific terms applicable to the Fire Resistive Safe Industry as used in this Code. Article III, Labor Provisions, adopts the Labor Provisions as set forth in Articles V, VI, VII, and Exhibit A of the Code of Fair Competition of the Business Furniture, Storage Equipment, and Filing Supply Industr} 7 , as approved on November 4, 1933, making specific reference to the inclusion of Section 7 (a) of Title I of the National Industrial Recovery Act, and further provides for a mini- mum wage rate of 40^ for male and female f actor}' employees. Article IV, Organization, Powers, and Duties of Code Committee, establishes a Code Authority of five members to be selected by a fair (2) method of election. It further provides that not more than three additional members, without vote, may be appointed by the Admin- istrator for such terms as he may specify. This Article also sets forth the powers and duties of said Code Authority. Article v, Planning and Classification, provides that Members of the Industry shall make available samples of all Industry Products to a Planning and Classification Board and further provides that new stock items shall be classified by said Board before presentation to the general public. This Article, however, in no way restricts the manufacture of any Industry Product. Article VI, Discrimination, prevents discrimination between cus- tomers of the same class. Article VII, Marketing and Trade Practice Eules, sets forth trade practices for the Industry, including an Open Price Association. Article VIII, Extras and Deductions Not Covered in Price Sched- ules, provides that Members of the Industry shall include in their prices all costs of additions to and deductions from variations of Industry Products not covered in their Price Schedules. Article IX, Specials, prevents a manufacturer from pricing a special item in competition with a stock item at an unfair price for the purpose of evading his then currently effective Price Schedule. Article X, Monopolies, provides that no provisions of the Code shall eliminate, oppress, or discriminate against small enterprises. Article XI, Price Increases, provides that the increase in selling prices shall be limited, insofar as possible, to actual increases in seller's costs. Article XII, Termination, provides that the Code shall expire on June 16, 1935, or on the earliest date prior thereto on which the President or Congress shall by joint resolution declare the emergency recognized by Title I of the Act to be ended. Article XIII, Modification, makes all the provisions of the Code expressly subject to the right of the President to cancel or modify any order, approval, license, rule, or regulation issued under Sub- section (b) of Section 10 of the Act. The Deputy Administrator in his final report to me on said Sup- plemental 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 policies and purposes of Title I of the National Industrial Recov- ery 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 united action of labor and management under adequate governmental sanctions and super- vision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating Industry. 4 (b) Said Industry normally employs not more than 50,000 em- ployees, and is not classified by me as a major Industry. (c) The Code as approved complies in all respects with the perti- nent provisions of said Title of said Act, including, without limita- tion, subsection (a) of section 3, subsection (a) of section 7, and subsection (b) of section 10 thereof, and that the applicant associa- tion is an industrial association truly representative of the aforesaid Industry, and that said association imposes no inequitable restric- tions on admission to membership therein. (d) The Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Code is not designed to and will not eliminate 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 Code. For these reasons, therefore, this Code has been approved. Respectfully, Hugh S. Johnson, Administrator. July 30, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE FIRE RESISTIVE SAFE INDUSTRY, A DIVISION OF THE BUSINESS FURNITURE, STORAGE EQUIP- MENT, AND FILING SUPPLY INDUSTRY Article I — Purposes To effectuate the policies of Title I of the National Industrial Recovery Act, to supplement and to make specifically applicable the provisions of the Code of Fair Competition, approved November 4, 1933, and amended June 15, 1934, for the Business Furniture, Storage Equipment, and Filing Supply Industry this Supplemental Code is hereby established as a Code of Fair Competition for the Fire Resistive Safe Industry and shall be the standards of Fair Competition for this Industry and shall be binding upon every member thereof. Article II — Definitions In addition to the definitions contained in Article II of the Code of Fair Competition for the Business Furniture, Storage Equip- ment, and Filing Supply Industry, the terms enumerated in this Article shall have the meaning herein defined wherever used in this Code or in any supplement appertaining thereto. Section 1. The term " Fire Resistive Safe Industry " or " Indus- try " as used herein means the manufacture and original sale and/or wholesale distribution of industry products by a Member of the Industry, either by himself or by his agent, which includes without limitation any person or corporation occupying a subsidiary or con- trolling relationship or one of common, mutual, or joint ownership or control to a Member of the Industry. (a) The term " Industry Product " as used herein includes with- out limitation the products listed under Fire Resistive Safe Divi- sion in Article II of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry. Sec. 2. The term " Wholesale Distribution " as used herein means and includes the distribution by all those engaged in the sale and delivery of Industry products, both for resale to the consumer thereof, who maintain at least five (5) salesrooms and two ware- houses. Sec. 3. The term " Stock Items " as used herein means an industry product which is offered for general use. Sec. 4. The term " Bureau of Standards Certification " as applied to any industry product means that said product is certified to have been built in accordance with Federal Specifications AA-S-81. Sec. 5. The term " Manufacturers Certification " as applied to any product means that said product has been built by a member of (5) 6 the Industry and classified by the Planning and Classification Board in accordance with the classifications specified in Section 3 of Article VII. Sec. G. The term " National Emergency Committee " as used herein means the National Emergency Committee, the Code Authority for the Business Furniture, Storage Equipment, and Filing Supply In- dustry, elected pursuant to paragraph 1 of Article III of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry as approved on November 4, 1933, by President Roosevelt. Sec. 7. The term u Exhibit B " wherever mentioned in this Sup- plemental Code means Exhibit B attached to and made a part of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry as approved by President Boosevelt on November 4 r 1933. Article III — Labor Provisions The provisions governing labor, of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry, as set forth in Articles V, VI, and VII, and Exhibit A of said Code, as approved by the President on November 4, 1933, are made conditions of this Code, including Sections (a), (b), and (c) of said Article V, by which the provisions of Subsections (1), (2), and (3) of Section 7 (a) of Title I of the Act are made conditions of the Code, are specifically incorporated herein and made a part hereof as the Wage. Hour, and Labor provisions of this Code; pro- vided, however, that the minimum rate of pay for both male and female factory employees, under this Code, shall be at the rate of forty cents (40^) per hour. Article IV — Organization, Powers, and Duties of Code. Committee Section 1. The Code Committee to administer this Code is hereby constituted, which shall consist of five (5) voting members to be selected from Members of the Industry. The election of all mem- bers of the Code Committee shall be by a fair and equitable method of election to be approved by the Administrator. Sec. 2. In addition to the above membership, there may be not more than three additional members, without vote and without com- pensation from the Industry, to be appointed by the Administrator to serve for such term from date of appointment as he may specify. Sec. 3. Each trade or industrial association direetly or indirectly participating in the selection or activities of the Code Committee shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its articles of association, by-laws, rules, and regulations and any Amendments when made thereto, together with such other information as to membership, or- ganization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. Sec. 4. In order that the Code Committee shall at all times be truly representative of the Industry and in other respects comply with the provisions of the Act, the Administrator may prescribe such hear- ings as he may deem proper; and thereafter if he shall find that the Code Committee is not truly representative or does not in other re- spects comply with the provisions of the Act, may require an ap- propriate modification in the method of selection of the Code Committee. Sec. 5. Nothing contained in this Code shall constitute the mem- bers of the Code Committee partners for any purpose. Nor shall any member, officer, agent, or employee of the Code Committee be liable in any manner to anyone for any act of any other member, officer, agent, or employee of the Code Committee. Nor shall any member of the Code Committee, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under this Code, except for his own willful misfeasance or nonfeasance. Sec. 6. Subject to such rules and regulations as may be issued by the Administrator, the Code Committee shall have the following further powers and duties, the exercise of which shall be reported to the Administrator through the National Emergency Committee and shall be subject to the Administrator's right, on review, to dis- approve, after such hearing as he may prescribe, any action taken by the Code Committee. If the Administrator shall determine at any time that any action of the Code Committee or any agency thereof is 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 Committee or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. (a) To make investigations as to the functioning and observance of any of the provisions of this Code at its own instance or upon the complaint of any person affected and shall report the result thereof to the National Emergency Committee. To receive complaints of violations of this Code or disputes arising thereunder, make investi- gations thereof, provide hearings thereon, adjust such complaints, and bring to the attention of the National Emergency Committee unadjusted complaints of violations or disputes. (b) To aid the National Emergency Committee in the execution of the provisions of this Code and provide for the compliance of the Industry with the provisions of the Act. (c) To adopt Bylaws and Rules and Regulations for its procedure and for the administration and enforcement of the Code. The Code Committee shall promptly furnish to the Administrator through the National Emergency Committee true copies of the Bylaws, Rules, and Regulations adopted pursuant to this paragraph. (d) To obtain from Members of the Industry through a confiden- tial agency (for the purposes of this paragraph the Secretary of the Committee may be considered as said agency) such statistical infor- mation and reports as are required for the administration of the Code and to provide for submission by Members of the Industry of 77103° S29-171 34 2 8 such statistical information and reports as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act, which information and reports shall be submitted by Members of Industry to such Federal and/or State agencies as the Administrator may designate ; provided, that nothing in this Code shall relieve any Member of the Industry of any existing obligations to furnish re- ports to any Government agency. No individual statistical reports shall be disclosed to any other Member of the Industry or any other party except to such confidential agent or to such Governmental agencies as may be directed by the Administrator. (e) To use such trade associations and ether agencies as it deems proper for the carrying out of any of its activities provided for herein, provided that nothing herein shall relieve the Code Com- mittee of its duties or responsibilities under this Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof. (f) To make recommendations to the National Emergency Com- mittee and the Administrator for the coordination of the adminis- tration of this Code with such other codes, if any, as may be related to the Industry. (g) To cooperate with the Administrator in regulating the use of any N.R.A. insignia solely by those Members of the Industry who are complying with this Code. (h) To recommend to the Administrator through the National Emergency Committee further fair trade practice provisions to govern Members of the Industry in their relations with each other or with other industries, and to recommend to the Administrator through the National Emergency Committee measures for indus- trial planning, including stabilization of employment. (i) To formulate within thirty (30) days after the approval of the Code a cost formula subject to the approval of the Administrator which cost formula shall set forth the items to be included and the items to be excluded in arriving at cost as used in this Code. (j) To aid the National Emergency Committee in the establish- ment of a Planning and Classification Board pursuant to Article VIII of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry. Article V — Planning and Classification Section 1. In order to effectuate the purpose of Article VIII of the Code of Fair Competition for the Business Furniture, Storage Equipment, and Filing Supply Industry, Members of the Industry shall submit a list of all items of industry products now being offered for sale as stock merchandise within thirty (30) days after the election of the Planning and Classification Board to said Board for proper classification and assignment of such to their respective industry base products listed in Schedule A attached hereto and hereby made a part of this Code. Sec. 2. No stock item not included in the list originally submitted by him shall be sold or offered for sale by any member until after classification by the Planning and Classification Board, as above provided, and approval of said classification by the Code Committee, nor until after all requirements for publication contained, in Article VII hereof have been completely fulfilled. All action under this Article shall be taken within thirty (30) days after submission by the Member. In no event shall this Article be construed as per- mitting the Planning and Classification Board to restrict the Manu- facture of any industry product. Article VI — Discrimination Section 1. No member shall make any sale or contract of sale, or offer of sale, directly or indirectly by any means whatever, of any industry products at a price or on terms and conditions more favor- able to one purchaser of the same class than to another, whether such purchasers shall be private individuals, corporations, or firms, or Federal, State, Municipal, or other public bodies; provided that this shall not prevent price differences necessarily resulting from differ- ences in the model, grade, quantity, or point of delivery of the products sold. Sec. 2. No member shall make any purchase of or allowance for used industry products in connection with a sale of new industry products or as an independent cash transaction, directly or indirectly, by any means whatever, at a price or on terms and conditions more favorable to one seller than to another. Article VII — Marketing and Trade Practice Rules Section 1. Price Schedules. (a) Each Member of the Industry within thirty (30) days after the effective date of this Code shall file with the Code Committee as many copies as the Code Committee may require of schedules con- taining price lists at which such member is offering industry products for sale as stock merchandise and terms or conditions of sale to the classes of customers defined in Schedule A which is attached hereto and made a part of this Code. (b) The original schedules filed in accordance with the above para- graph (a) shall become effective on the date of filing thereof with the Code Committee. (c) The Code Committee forthwith on such original filing shall notify all known Members of the Industry of the contents thereof. (d) Any Member of the Industry desiring to change any price or prices and/or terms or conditions of sale shall notify the Code Committee of such intention by filing a revised schedule, which shall become effective ten (10) days thereafter. The revised schedule so filed with the Code Committee shall be immediately distributed among the known Members of the Industry, who thereupon, at any time before the effective date of the revised schedules so filed, may file, if they so desire, revisions of their schedules to meet such revi- sions in the revised schedule first filed, and which shall become effec- tive upon the date the revised schedule first filed becomes effective. In the event that any Member of Industry shall not receive within the ten (10) day period sufficient notice of the filing by any other Member of Industry, of revisions in such other Member of Industry's price or prices and/ or terms or conditions of sale as will enable him 10 to meet such revisions of such other member on the effective date thereof, then if such member shall file with the Code Committee such revisions of his price or prices and/or terms or conditions of sale as may be required to meet the revisions filed by such other member within 48 hours after the receipt of notice thereof, the revisions so filed by such member shall become effective on the same date as the revisions of such other member ; or if they be already effective, shall become effective immediately. (e) Filed prices shall include terms of pajmient, length of book- ings or contracts, and f.o.b. point or points of origin or delivery, and such other provisions as may be necessary to fully inform the trade and consuming public of all conditions of sale. (f) Original schedules and all revisions thereof shall be made available to the public. (g) Subject to the approval of the Code Committee, the Planning and Classification Board shall prescribe rules and regulations pro- viding for the sale of destandardized or obsolete products which shall become effective upon approval by the Administrator, and no current line shall be designated or sold as destandardized or obsolete unless in fact such line has been discontinued. (h) No publication of prices, terms, or conditions of sale applying to sales of industry products by one manufacturer to a wholesale distributor, or to another manufacturer of kindred products for resale by them, shall be required. No such sale, however, shall be made at less than the manufacturer's cost as determined pursuant to section 6, subsection (i) of Article IV. 1 Sec. 2. Trade Practice Rules. The following trade practices in addition to Exhibit B are de- clared to constitute methods of unfair competition between Members of the Industry, and no Member of the Industry shall use or engage in any of them, directly or indirectly, through any officer, agent, or employee. Engaging in any one of such trade practices or of any other practices which hereafter may be declared to be unfair methods of competition by the Code Committee, approved by the Adminis- trator, shall, after such hearing or hearings as he may prescribe, be deemed a violation of this Code. (a) Selling, offering for sale, or participating in any sale of any industry product by a Member of the Industrv at any price other than that set forth in his then currently effective schedule or upon any terms or conditions contrary to those contained in such schedule. (b) Failing to file such schedules or changes therein, as required by Section 1 of this Article. (c) Failing to submit the list of stock items of industry products being offered for sale by a Member of Industry pursuant to Article V. (d) Selling or offering for sale a stock item not included in the original list submitted by a Member of the Industry before classifica- tion by the Planning and Classification Board pursuant to the pro- visions of Section 2 of Article V. 1 See paragraph 2 of order approving this Code. 11 (e) Permitting, directly or indirectly, the consummation of any sale made with the intent, or having the effect, of violating the provisions of the Act or the Trade Practices of this Code. (f) Pricing to the Consumer and/or selling industry produces by any Member of the Industry at a price below his or its cost as de- termined pursuant to paragraph (i), Section C, of Article IV; pro- vided, however, that a member may meet the price of a competitor whose price does not violate the Code; and provided further that a member may make such sales as necessary to dispose of destandard- ized or obsolete merchandise or products, pursuant to such rules and regulations as issued by the Code Committee under Section 1 (g) of this Article. Full information concerning such sales of de- standardized or obsolete products shall be made available to the Code Committee and to all Members of the Industry. (g) Promulgating, renewing, extending, or automatically con- tinuing after the effective date of this Code any buying contracts or agreements unless they be firm binding obligations on all parties thereto, specifying that applicable discounts and terms of selling as filed shall be based upon definite quantities of industry products delivered within a specified time not exceeding one year. Provided, however, that Subsections (g) and (h) of this Section 2 shall not apply to sales made between Members of the Industry. (h) Failing to file within ten (10) days after the effective date of this Code all other existing buying arrangements containing terms contrary to the provision of this Code. (i) Falsely marking or labelling any industry product. (j) Representing to a prospective purchaser that a Fire Resistive Safe is " indestructible " or Never needs replacement " or similar statements which are untrue, or unfair to the public, or create a false sense of permanent security. (k) Defaming his competitors or their products by advertising, exhibition, or publishing information m any form of alleged or actual failure of such competitors' products. (1) Selling any industry product with any responsibility except that for one year a Member of the Industry may be responsible for defective materials and workmanship, but such responsibility shall only apply in the event that the part of the equipment involved has not been serviced or altered by any others than the Member of the Industry who sold such product. (m) Claiming that a Classified industry product gives more pro- tection than that specified by said classification. (n) Failing to comply with any rule or regulation of the Code Committee promulgated under the powers and duties delegated to it by this Code. Section 3. As certain grades of fire resistance, as classified here- after, have been set up by the U.S. Bureau of Standards, the Under- writers Laboratories, and the National Fire Protection Association, which classifications have been adopted by the Industry as its standards, it shall be an unfair method of competition to offer for sale or to sell, except as herein provided, any industry product unless it has a label of permanent nature applied to the outside face of said safe or container or to the inside face of outer door, properly classi- fying it in one of the following groups : 12 CLASS A OR FOUR- HOUR 8AFES Safes bearing Underwriters', Bureau of Standards', or Manufac- turers' certification for four-hour fire protection with or without Underwriters' T-20 burglary or relocking label. CLASS B OR TWO-HOUR SAFES Safes bearing Underwriters', Bureau of Standards', or Manufac- turers' certification for two-hour fire protection, with or without Underwriters T-20 burglary or relocking label. CLASS C OR ONE-HOUR SAFES Safes bearing Underwriters', Bureau of Standards, or Manufac- turers' certification for one-hour protection. INSPECTED INSULATED OR 45-MINUTE SAFES Safes bearing Underwriters', Bureau of Standards', or Manufac- turers' certification for 45-minute protection. INSULATED SAFES OR CONTAINERS AFFORDING LESS THAN 45 MINUTES CERTIFIED PROTECTION Such safes or containers must bear a label " Not intended to pro- tect valuable documents and records." CONTAINERS NOT INTENDED FOR FIRE PROTECTION These must bear the following label: "This Container Not in- tended for Fire Protection." INSULATED FILING CABINETS (SAFE FILES OR FIRE FILES), INSULATED TRATS, INSULATED RECORD DESKS, AND LIGHT INSULATED CONTAINERS WITH OR WITHOUT HORIZONTAL SLIDE-IN DOORS Such products are not regarded as competitive with safes as they serve an entirely different purpose. Such products must bear a label indicating their degree of fire protection. Vault doors have likewise been classified and shall be labelled as follows : INSULATED VAULT DOORS BEARING UNDERWRITERS' OR MANUFACTURERS' CERTIFICATION (NOT INCLUDING BANK AND SECURITY VAULT DOORS) Vault doors bearing Underwriters' or Manufacturers' certification for six hours. Vault doors bearing Underwriters' or Manufacturers' certification for four hours. Vault doors bearing Underwriters or Manufacturers' certification for two hours. Vault doors bearing Underwriters or Manufacturers' certification for one hour. 13 Vault doors bearing Underwriters or Manufacturers' certification for half hour. UNINSULATED PLATE TYPE VAULT DOOE (NOT INCLUDING BANK AND SECURITY VAULT DOORS) (NOT INCLUDING VAULT DOORS SOLD TO THE UNITED STATES GOVERNMENT) As uninsulated plate type vault doors are not intended for fire protection of valuable records, documents or merchandise, they shall be labelled as follows : " Not insidated for fire protection." All other stock items shall be properly classified in accordance with their resistive qualities by the Planning and Classification Board of the Industry and be labelled accordingly. Nothing contained in the above list of Unfair Trade Practices shall in any manner affect or interfere with the making of quota- tions or the manufacture under contract of Industry products, in accordance with Federal, State, Municipal or private specifications, provided, however, that such Industry pnxlucts shall not be sold or offered for sale as a substitute for, or in competition with Industry products of the standard classifications as above set forth. Article VIII — Extras and Deductions Not Covered in Price Schedules Each member of the Industry on the basis of cost as determined pursuant to paragraph (i), Section 6 of Article IV, shall include in his price the minimum additions to and the maximum deductions from the base prices of the various lines of industry products, which maximum deductions and minimum additions a member of the In- dustry shall use to determine the prices of variations from his base products, and make information regarding each such sale available to the Code Committee. Article IX — Specials No item of industry products which is not covered by the pub- lished list prices of the manufacturer thereof shall be sold or offered for sale in competition with a stock item at net prices, discounts, or terms more favorable to the purchaser than the most favorable pub- lished discounts, terms, or net prices applying to the nearest com- parable listed stock item. Article X — Monopolies No provision of this Code shall be so applied as to promote monop- olies or monopolistic practices, or to eliminate, oppress, or discrim- inate against small enterprises. Article XI — Price Increases Whereas the policy of 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 in- creases except such as may be required to meet individual cost should 14 be delayed, but when made such increases should, so far as possible, be limited to actual additional increase in the seller's costs. Article XII — Termination This Code and all Supplementary Provisions thereto shall expire on June 16, 1935, or on the' earliest date prior thereto on which the President shall by proclamation, or the Congress shall by Joint Resolution, declare that the emergency recognized by Title I of the Act has ended. Article XIII — Modification Section 1. This 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 regu- lation issued under said Act; and specifically, but without limita- tion, to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. Sec. 2. Such of the provisions of this Code as are not required to be included herein by the Act may with the approval of the Ad- ministrator be amended as provided in Section 3 hereof in such manner as may be indicated by the needs of the public, by changes in circumstances, or by experience ; all of the provisions of this Code, unless so modified or eliminated, shall remain in effect until June 16,1935. Sec. 3. An Amendment may be proposed by any interested party, either to the Code Committee or directly by or to the Administrator. All proposed Amendments shall be referred to the Code Committee, who shall give Members of the Industry an opportune to be heard thereon; and thereafter the Code Committee shall make such rec- ommendations thereon as is deemed proper; provided, however, that when approved by the Administrator, as necessary to effectuate the policies of the Act, after such notice and hearing as he may prescribe, any proposed Amendment shall thereupon become effective as a part of the Code. Sec. 4. The Code Committee may make recommendations for modifications of this Code to the Administrator which shall become effective as a part of this Code upon approval by the Administrator after such notice and hearing as he may prescribe.' Approved Code No. 88 — Supplement No. 1. Registry No. 1133-16. SCHEDULE A Fire Resistive Safe Division Supplemental Code industry base products The Industry base products are hereby listed as follows : Fire Resistive Safes Insulated Vault Doors (not including bank and security vault doors) Insulated Filing Cabinets (safe files or fire files) Insulated Trays Light Insulated Containers with or without horizontal slide-in doors Containers not intended for fire protection Uninsulated Plate Type Vault Doors (not including bank and security vault doors) Insulated Record Desks Safe Interiors Burglary and robbery resistive chests and lockers (except for bank use) Revision of this list may be made from time to time by the Code Committee or by the Administrator at his discretion. DEFINITION OF CUSTOMERS Exclusive Dealer. — An exclusive dealer is a retailer (individual, firm, or corporation) with whom a member of the Industry has a written agreement giving the dealer : (1) Sole selling rights of all or part of his line in a defined territory. (2) Assistance in actual resale of merchandise. (3) Complete complement of literature, advertising aids, etc., necessary for promotion of resale of merchandise covered, and giving the member of the Industry : (a) Ample display representation ; (b) Ample stock representation; (c) Exclusive sales representation; (d) Complete co-operation in maintaining selling policies of the member of the Industry. Non-Exclusive Dealer. — A non-exclusive dealer is a retailer (individual, firm, or corporation) who maintains a place of business for the resale of industry products. Retail Buyers. — A retail buyer is a purchaser of definite quantities of Indus- try products for his use and consumption and not for resale. Jobber. — A jobber is anyone who engages in the sale of industry products at retail or to retailers, but who does not maintain more than four salesrooms and one warehouse. Brokers. — A broker is anyone, other than above defined, who purchases Industry Products for resale at retail. DISCOUNTS The discounts as provided in Article VII allowed to each of the above-defined classes of customers shall be applied to all list prices published under the provi- sions of said Article, and shall truly represent variance in cost of distribution to the ultimate consumer. Terms of sale for all Industry Products shall be as follows: (1) Wholesale Sales. — All classes of purchases, 2% — 10th prox. net 30th prox. (2) Retail Sales. — No discount for cash. (3) Deferred Payments. — Maximum, 12 months, with down payment of 10% with order and 10% on delivery and 6% to be charged on deferred payments. (15) O vXmElS™ 0F FLORIDA 3 1262 08856 1112