Approved Code No. 201 — Supplement No. 19 Registry No. 714 — 01 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 SUPPLEMENTARY 
 CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 CHARCOAL AND PACKAGE 
 FUEL DISTRIBUTING TRADE 
 
 (A Division of the Wholesaling or Distributing Trade) 
 AS APPROVED ON AUGUST 7, 1934 
 
 WE DO.OUR PART 
 
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Approved Code No. 201 — Supplement No. 19 
 SUPPLEMENTARY CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 CHARCOAL AND PACKAGE FUEL DISTRIBUTING 
 
 TRADE 
 
 As Approved on August 7, 1934 
 
 ORDER 
 
 Approving Supplementary Code of Fair Competition for the 
 Charcoal and Package Fuel Distributing Trade 
 
 A division of the wholesaling or distributing trade 
 
 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 the approval of a Supple- 
 mental Code of Fair Competition for the Charcoal and Package 
 Fuel Distributing Trade to the Code of Fair Competition for the 
 Wholesaling or Distributing Trade, and hearings having been duly 
 held thereon and the annexed report on said Code, containing find- 
 ings 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. 6543-A, dated December 
 30, 1933; and otherwise, do hereby incorporate by reference said 
 annexed report and do nnd 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. 
 
 Hugh S. Johnson, 
 Adininistrator for Industrial Recovery. 
 
 Approval recommended : 
 Robert L. Houston, 
 
 Division Administr'ator. 
 
 Washington, D.C, 
 
 A^igust 7, 1931 
 
 78998' 1044—39 — —34 (1) 
 
EEPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 Sir: This is a report of the Hearing on the Supplemental Code 
 of Fair Competition for the Charcoal and Package Fuel Distribut- 
 ing Trade, conducted in Room 127, Willard Hotel, at 10 a.m., May 
 14, 1934. The Supplemental Code, which is attached, was presented 
 by a duly qualified and authorized representative of the Trade, com- 
 plying with the statutory requirements. 
 
 THE TRADE 
 
 According to statist.cs furnished by members of the Charcoal and 
 Package Fuel Distributing Trade, it is estimated that there are 
 approximately 400 concerns; the aggregate investe<l capital is ap- 
 proximately $10,000,000 with aggregate annual sales of $40,000,000. 
 The Trade employs 10,000 persons. 
 
 HOURS AND WAGES 
 
 The Supplemental labor provisions establish a maximum thirty- 
 two (32) hour work week between May 1 and October 1; a maxi- 
 mum forty (40) hour work week between October 1 and May 1, 
 and a wage of forty-five (45^';) cents per hour. 
 
 OTHER PRO^^SIONS OF THE CODE 
 
 The provisions ccmtaining supplemental definitions are considered 
 inclusive and accurate. 
 
 The supplement to the Administrative provisions of the General 
 Code establishes a Divisional Code Authority which is fairly and 
 adequately representative of all the different elements in the Trade. 
 
 The Trade Practice supplemental provisions are not considered 
 in any way objectionable. 
 
 FINDINGS 
 
 The Dei)uty Administrator in his final report to me on siiid Sup- 
 plemental Code having found as herein set forth ;ind on the basis 
 of all tlu> proceedings in this matter; 
 
 I find that 
 
 (a) Said Supplemental Code is well designed to promote the poli- 
 cies and j)urposes of Title T of The National Industrial Recovery 
 Act, including removal of obstructions to tbe free flow of interstate 
 and foreign commerce which tend to diminish the amount thereof, 
 and will provid'j for the general welfare l)y promoting the organ- 
 ization of industry for the purpose of cooperative action among trade 
 
 (2) 
 
groups, by inducing and maintaining united action of labor and 
 management under adequate governmental sanction and supervision, 
 by eliminating unfair competitive practices, by promoting the fullest 
 possible use of the present productive capacity of industries, by 
 avoiding undue restriction oi production (except as may be tem- 
 porarily required), by increasing the consumption of industrial and 
 agricultural products through increasing purchasing power, by re- 
 ducing and relieving unemployment, by improving standards of 
 labor, and by otherwise rehabilitating industry. 
 
 (b) Said Trade normally employs not more than 50,000 employees 
 and it 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 (a) of Section 3, Subsection (a) of 
 Section 7 and Subsection (b) of Section 10 thereof; and that the 
 applicant association is a trade association truly representative of 
 the aforesaid Trade ; and that said association imposes no inequitable 
 restrictions on admission to membership therein. 
 
 (d) The Supplemental Code is not designed to and will not per- 
 mit monopolies or monopolistic practices. 
 
 (e) The Supplemental Code is not designed to and will not elimi- 
 nate or oppress small enterprises and will not operate to discrimi- 
 nate against them. 
 
 (f ) Those engaged in other steps of the economic process have not 
 been deprived of the right to be heard prior to the approval of this 
 Supplemental Code. 
 
 For these reasons, this Supplemental Code has been approved. 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 A dirmiis trot or, 
 August 7, 1934. 
 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
 THE CHARCOAL AND PACSA.GE FUEL DISTRIBUTING 
 TRADE 
 
 A DIVISION OF THE WHOUESALJi OR DISTRIBUTING TRADE 
 
 Article I — PunrosES 
 
 To effectuate the policies of Title I of the National Industrial 
 Recovery Act, this Supplemental Code is established as a Code of 
 Fair Comj^etition for the Charcoal and Package Fuel Distributing 
 Trade, jDursuant to Article VI, Section 1 (c), of the Code of Fair 
 Competition for the Wholesaling or Distributing Trade, approved 
 by the President of the United States on January 12, 1934. The 
 provisions of tliat General Code, vrhich are not in conflict with the 
 provisions of this Suj^plemental Code, are hereby incorporated bv 
 reference in this Supplemental Code and made part hereof. Such 
 provisions of the General Code, together with the provisions of this 
 Supplemental Code, are the standards of fair competition for and 
 are binding lU^on every member of the Charcoal and Package Fuel 
 Distributing Trade. 
 
 Article II — Definitions 
 
 SUPPLEMENTING ARTICLE II OF THE GENERAL CODE 
 
 1. The term " wholesaler " or " distributor ", as used herein, shall 
 be defined as any person, firm, corporation, association, or other form 
 of enterprise, or definitely organized division thereof, definitely or- 
 ganized to render a distribution service in package fuel, which buys 
 and maintains at his or its place of business a stock of fuel and which 
 maintains a yard and office or other established place of business with 
 facilities for unloading, storage, delivery, sales and service ; and 
 which througli salesmen, advertising, and/or sales promotion devices 
 sells to retailers and/or to institutional, commercial and/or industrial 
 users. 
 
 2. The term "' Trade ", as used herein, shall mean the business in 
 which a wholesaler or distributor, as above defined, is engaged. 
 
 3. The term " fuel ", as used herein, shall bo inter j)reted to mean 
 solid fuel such as charcoal, hardcoal, coke, wood, briquets, and all 
 other fuel not sold by liquid or metered measure, and sold in con- 
 tainers not exceeding thirty (30) pounds in weight, excepting 
 charcoal. 
 
 4. The term '' customer ", as used herein, shall mean a retailer sell- 
 ing fuel to the consumer, and, in addition, institutional, conunercial 
 and/or industrial users. 
 
 5. The term " ^lackage ", as used herein, means any oontainer in 
 which solid fuel is sold and the contents of which does not exceed 
 thirty (30) pounds in weight excepting charcoal on which the size 
 and weight sliall be unlimited. 
 
 (4) 
 
6. The term " Divisional Code Authority ", as used herein, is de- 
 fined to mean the Divisional Code Authority for the Charcoal and 
 Package Fuel Distributing Trade, a division of the Wholesaling or 
 Distributing Trade. 
 
 7. The term " General Code ", as used herein, is defined to mean 
 the Code of Fair Competition for the Wholesaling or Distributing 
 Trade, as approved by the President on January 12, 1934, 
 
 Article III — Hours 
 
 SUPPLEMENTING ARTICLE III OF THE GENERAL CODE 
 
 1. Between May 1 and October 1, no employee shall be permitted 
 to work more than thirty-two (32) hours in any one week nor more 
 than eight (8) hours in any twenty-four (24) hour period, nor more 
 than five (5) days in any one weelv. Between October 1 and May 1, 
 no employee sliall be permitted to work more than forty (40) hours 
 in any one week nor more than eight (8) hours in any twenty-four 
 hour period, nor more than six (6) days in any one vveek. 
 
 Exceptimis. — {a) An employee may be permitted to work in excess 
 of the maximum hours fixed in Section 1 of this Article provided 
 he is paid at the rate of at least time and one-half his normal rate of 
 pay for all hours worked in excess of such maximum, and provided 
 further, that such overtime shall not exceed eight (8) hours in any 
 one week, except as provided in paragraph (b) of this Section. 
 
 (b) In case of an emergency involving breakdown or protection 
 of Jlito or property such employees as are necessary may be j)er- 
 mitted to worlv unlimited overtime, provided further, that each such 
 employee shall be paid at the rate of at least time and one-half his 
 normal rate of pay for all hours worked in excess of the maximum 
 provided jn Section 1 of this Article. A report giving full details 
 of each such emergency shall be sent to the Divisional Code Authority 
 within thirty (30) days after such emergency overtime work shall 
 have commenced. 
 
 2. The hours worked by each employee each day shall be con- 
 secutive with the exception of not more than one hour for lunch. 
 
 3. No employer shall knowingly permit any employee to work 
 for any time which, when totaled with that already performed with 
 another e,mployer, or employers, in this Trade exceeds the maximum 
 prescribed herein. 
 
 4. Any person other than an employee, such ixs. an owner, stock- 
 holder, partner or an executive, who performs the work of an em- 
 ployee, shall be bound to observe the maximum hours pertaining to 
 the class of employees wdiose work he is j)erforming, except when 
 performing work of an executive nature. Employees compensated 
 on a piece work or commission or any other basis shall not be em- 
 ployed in excess of the maximum hours. 
 
 Article IV — Wages 
 
 SUPPLEMENTING ARTICLE IV OF THE GENERAL CODE 
 
 1. No employee shall be paid less than at the rate of forty-five 
 cents (45^) per hour. 
 
6 
 
 2. Wages paid on a piece rate, commission or otlier basis shall 
 equal an hourly rate not less than that s|>ecified in Section 1 as 
 the minimuni rate per hour. 
 
 3. No employee whose normal full-time weekly hours as of De- 
 cember 1, 1933. are reduced by less than twenty per cent (20%) shall 
 liave his full-time weekly earnings as of December 1, 1933 reduced. 
 No employee whose normal full-time weekly hours as of December 1, 
 1933 are reduced twenty per cent (20%) or more shall have his 
 full-time wtH^^vIy earnings as of December 1, 1933 reduced by more 
 than ten per cent (10%). Wages above the minimum shall be in- 
 creased by an equitable adjustment of all pay schedules in order to 
 maintain the diiferentials existing as of December 1, 1933. Within 
 sixty (60) days after the effective date of this Supplemental Code 
 a report of ail wage adjustments shall be made to the Administra- 
 tor. On December 1, 1934 a supplemental report of all wage adjust- 
 ments shall be made to the Administrator. 
 
 4. Female employees performing substantially the same work as 
 male employees shall receive the same rate of pay as such male em- 
 ployees. 
 
 5. Wages shall be paid weekly or semi-monthly in laAvfui money 
 or by negotiable check. 
 
 6. Wages shall be exempt from fines, charges, rebates, deductions, 
 or any other form of withholding wages, except for contributions 
 voluntarily made by the employee or required by law. 
 
 Akticle V — Oenhral I/abor Provisions 
 
 SUTPLEMENTIXG ARTICLE V OF THE GENERAl, CCTOE 
 
 1. No person under sixteen (16) years of age shall Ije employed in 
 the Trade. 
 
 No person under eighteen (18) years of age shall be employed at 
 operations or occupations hazardous in nature or dangert-us to health ; 
 the Divisional Code Authority shall submit to the Administrator 
 within thirty (30) days after the eli'ective date of this Supplemental 
 Code a list of all such liazardous occupations and/or operations. In 
 any State an employer shall be deemed to have complied with this 
 provision as to age if he shall have on file a certificate or }XM-init dulj' 
 issued by the Autliority in such States empowered to issue employ- 
 ment or age certificates or permits sliowiug that the employee is of 
 the required age. 
 
 2. (a) Employees shall have the right to organize and bargain 
 <'<)llectively thr<j«gli rei>resentatives of their own choosing, and sliall 
 be free from the interference, restraint, or coercion of emidoyers of 
 labor, or tlieir agents, in the <le.signation of such re pre,<eui4X lives or in 
 self -origan ization or in other concej"ted activities for the purpose of 
 coll(>ctive })aigaining or other mutual aid ov protection. 
 
 (b) No emph)ye(- and no one sr-ekiiig emph)yment sliall lie recjuirotl 
 as a condition of employment to join any co!n|)any union or to refrain 
 from joining, organizing, oi- assisting a labor organization of his own 
 choosing, an<i 
 
 (c) Km])l()y(M-s shall comph' with the maximum hours of labor, 
 minimum rates of pay, and other c<5nditions of employment, appnned 
 or pres<'ribed by the Pi-esident. 
 
3. No employer shall reclassify employees or duties of occupations 
 performed, or discharge employees to re-employ them at lower rates, 
 or engage in any other subterfuge so as to defeat the purposes or 
 provisions of the Act or of this Supplemental Code. 
 
 4. No provision in this Supplemental Code shall supersede any 
 State or Federal law which imposes on employers more stringent 
 requirements, than are imposed by this Supplemental Code^ as to 
 age of employees, wages, hours of woik, or as to safety, healtn, sani- 
 tary, general working conditions, insurance or fire protection. 
 
 5. No employee shall be dismissed without two (2) weeks notice. 
 
 6. Every employer shall provide for the safety and health of 
 employees during the hours and at the places of their employment. 
 Standards for safety and health shall be submitted by the Divisional 
 Code Authority to the Administrator within three months after the 
 effective date of the Supplemental Code. 
 
 7. A |)erson whose earning capacity is limited because of age, 
 physical or mental handicap, or other infirmity, may be employed 
 on light work at a wage below the minimum established by this 
 Code, if the employer obtains from the State Authority, designated 
 by the United States Department of Labor, a certificate authorizing 
 such person's employment at such wages and for such hours as 
 shall be stated in the certificate. Such Authority shall be guided 
 by the instructions of the United States Department of Labor in 
 issuing certificates to such persons. Ea^h employer shall file month- 
 ly with the Divisional Code Authority a list of all such persons 
 employed by him, showing the wages paid to, and the maximum 
 hours of work for such employee. 
 
 8. No employer subject to this Supplemental Code shall dismiss or 
 demote any employee for making a complaint or giving evidence 
 with respect to an alleged violation of this Supplemental Code- 
 
 Asnci.E VI — Adminisisation 
 
 SUPPLEMENTING ARTICLE \J OF THE GENEKAL CODE 
 
 1. The DiA^isional Code Authority for the Charcoal and Package 
 Fuel DistTibuting Trade is herebj' established and it shall consist of 
 nine (9) members to be .selected as follows: Seven (7) to be selected 
 by the Association from the Board of Directors of the National 
 Association of Charcoal and Package Fuel Distributors, two (2) 
 representatives of non-members to be elected by them in a fair man- 
 ner, ap])roved by the Administrator. 
 
 2. Subject to such rules and regulations as may be issued by the 
 Administrator, the Divisional Code Authority shall have the fol- 
 lowing powers and duties in addition to those authorized by other 
 provisions of this Supplemental Code and by the jirovisions of the 
 General Code. 
 
 (a) To adojDt by-laws and rules and regulations for its procedure. 
 
 (b) To use such trade associations and other agencies as it deems 
 proper for the carrying out of any of its activities provided for 
 herein; provided, tliat nothing herein shall relieve the Divisional 
 Code Authority of its duties or responsibilities under this Supple- 
 mental Code and that such trade associations and agencies shall at all 
 times be subject to and comply with the provisions hereof. 
 
8 
 
 (c) To obtain from members of the Trade such information and 
 reports as are required for the administration of this Supplemental 
 Code. In addition to reports required to be submitted to the Divis- 
 ional Code Authority, members of the Trade, subject to this Supple- 
 mental Code shall furnish such statistical information as the Admin- 
 istrator may deem necessary for the purposes recited in Se-ction 3 (a) 
 of the Act to such Federal and State agencies as he may designate, 
 providing that nothing in this Supplemental Code shall relieve any 
 member of the Trade of any existing obligations to furnish reports 
 to any governmental agency. No individual report shall be disclosed 
 to any other member of the Trade or any other party except to such 
 other governmental agencies as may be directed by the Administrator. 
 
 (d) To recommend to the Administrator any action or measures 
 deemed advisable, including further fair trade practice provisions 
 to govern members of the Trade in their relations with each other 
 or with other trades, measures for industrial planning, and stabili- 
 zation of employment; and including modifications of this Supple 
 mental Code Avhich shall become effective as part hereof upon 
 approval by the Administrator aft«r such notice and hearing as he 
 may specify. 
 
 (e) To make recommendations to the Administrator for the coordi- 
 nation of the administration of this Supplemental Code with such 
 other Codes of Fair Competition, if anj^, as may be related to or 
 affect members of the Trade. 
 
 3. The Divisional Code Authority shall appoint a conmiittee to 
 meet with a committee of the Code Authorit}^ of any related trade or 
 industry and when someeting to act as a Coordination Board in the 
 determination of disputes over the jurisdiction of the respective Code 
 Authorities. Each committee shall be equal in number to the respec- 
 tive couiuiittee of the related trade or industry, appointed to the same 
 Coordination Board. In addition to the members appointed by the 
 Divisional Code Authorities, each Coordination Board shall have 
 one member appointed by the Administrator with authority to vote 
 in the event of a tie. 
 
 4. In order to assist in making effective the reports from the Trade 
 and in eliminating unfair competition, the Divisional Code Author- 
 ity shall, within one month after the effective date of the Supple- 
 mentiil Code, appoint a committee so constituted as to give producer, 
 distributor, consumer, and governmental representation, to make a 
 study with a view to the establishment of classifications and 
 standards of sizes and quality, (gi'ades) of staple products of the 
 Trade, wherever such standards are deemed feasible. The findings 
 and recommendations of this committee shall, within three months, 
 be submitted to the Administrator, and after such hearings and 
 investigations as he may designate, and upon approval by him such 
 classific^itions and standards shall be a part of this Supplemental 
 Code and be binding upon every member. 
 
 5. (a) It being found necessary in order to support tlie adminis- 
 tration of this Supplemental Code and to maintain the stanclards 
 of fair competition established liereunder and to effectuate the policy 
 of the Act, the Divisional Code Authority is authorized: 
 
(1) To incur such reasonable obligations as are necessary and 
 proper for the foregoing purposes, and to meet such obligations out 
 of funds which may be raised as hereinafter provided and which 
 shall be held in trust for the purposes of the Supplemental Code; 
 
 (2) To submit to the Administrator for his approval, subject to 
 such notice and opportunity to be heard as he may deem necessary 
 (1) an itemized budget of its estimated expenses for the foregoing 
 purposes, and (2) an equitable basis upon which the funds necessary 
 to support such budget shall be contributed by members of the Trade; 
 
 (3) After such budget and basis of contribution have been ap- 
 proved by the Administrator, to determine and obtain equitable 
 contribution as above set forth by all members of the Trade, and to 
 that end, if necessary, to institute legal proceedings therefore in its 
 own name. 
 
 (b) Each member of the Trade shall pay his or its equitable con- 
 tribution to the expenses of the maintenance of trie Divisional Code 
 Authority, determinexi as hereinabove provided, and subject to rules 
 and regulations pertaining thereto issued by the Administrator. 
 Only members of the Trade comi)lying with, the Supplemental Code 
 and contributing to the expenses of its administration as hereinabove 
 provided, unless duly exempted from making such contributions, 
 shall be entitled to participate in the selection of members of the Divi- 
 sional Code Authority or to receive the benefits of any of its volun- 
 tary activities or to malre use of any emblem or insignia of the 
 National Recovery Administration. 
 
 (c) The Divisional Code Authority shall neither incur nor pay 
 any obligation in excess of the amount thereof as estimated in its 
 approved budget, except upon approval of the Administrator; and 
 no subsequent budget shall contain any deficiency item for exi:)endi- 
 tures in excess of prior budget estimates except those which the 
 Administrator shall have so approved. 
 
 6. Nothing contained in this Supplemental Code shall constitute 
 the members of the Divisional Code Authority partners for any 
 purpose, nor shall any member of the Divisional Code Authority 
 be liable in any manner to anyone for any act of the other members, 
 officers, agents, or employees of the Divisional Code Authority. Nor 
 shall any member of the Divisional Code Authority exercising rea- 
 sonable diligence in the conduct of his duties hereunder be liable 
 to anyone for any action or omission to act under this Supplemental 
 Code, except for his own willful malfeasance or non-feasance. 
 
 7. If the Administrator shall at any time determine that any 
 action of the Divisional Code Authority or any part 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 considera- 
 tion by such Divisional Code Authority or agency pending final 
 action which shall not be effective 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. 
 
10 
 Article VII — Unfair Trade Practices 
 
 SUPPLEMENTING ARTICLE VII OF THE GENERAL CODE 
 
 The folloAving are declared to be unfair trade practices and are 
 prohibited : 
 
 1. To borrow, lend, purchase, sell or use the bags, packages or 
 containers of any other member of the Trade or of any other con- 
 cern or form of enterprise ; and each member of the Trade is required 
 to have his or its container with his or its name and address, con- 
 tents and quantity clearly printed thereon so as to be readily identi- 
 fied; no individual firm, corporation or other form of enterprise 
 shall make any sales or deliveries of any package fuels in any con- 
 tainers but their own. 
 
 2. To brand, mark or pack any goods, or use any brands, trade 
 marks, designs or color combinations, on any delivery equipment, 
 containers or uniforms of employees, or otherwise, in connection with 
 the sale of an}" goods in any manner which is intended to or does 
 deceive or mislead purchasers with respect to the brand, grade, qual- 
 ity, quantity, origin, size, substance, character, material content or 
 preparation, of such goods. 
 
 3. To defame any competitor by false charges and statements of 
 dishonorable conduct, inability to perform contracts, questionable 
 credit standing, or by other false representations, or to falsely dis- 
 parage the grade or quality of his goods. 
 
 4. To operate the business or make deliveries on Sundays or on such 
 days recognized as legal holidays in the ]:)articular state where the 
 place of business of the member of the Trade is located, except in 
 case of emergency, which shall be immediately reported to the nearest 
 agency of the Divisional Code Authority. 
 
 5. To deliver by weight or measure less fuel than is required by the 
 standard, uniform, and customary bags, packages and containers, 
 or to deliver a mixture of sizes with intent to deceive the consumer. 
 
 Article VIII — Costs and Price Cuiting 
 
 1. The standards of fair comjx^ition for the Trade with reference 
 to pricing practices are declared to be as follows : 
 
 (a) Wilfully destructive price cutting is an unfair method of com- 
 petition and is forbidden. 
 
 (b) When no declared emergency exists as to any given product, 
 there is to be no fixed mininuim basis for prices. It is intended 
 that sound cost estimating methods should be used and that consider- 
 ation should be given to costs in the determination of pricing policies. 
 
 (c) When an emergency exists as to any given jn-oduct, sale below 
 the stated mininuim price or such product, in violation of ISeetion 2 
 hereof is forbichlen. 
 
 2. Emergency Provis-hns. — {a) If the Administrator after investi- 
 gation shall at any time find both (1) that an emergency has arisen 
 within the Trade adversely affecting small enterprises or wages or 
 labor conditions, or tending toward monopoly or other acute condi- 
 tions which tend to defeat the purposes of the Act: and (2) that the 
 determination of the stated miniiiunn price U)Y a specified product 
 
11 
 
 within the Trade for a limited period is necessary to mitigate the 
 conditions constituting such emergency and to effectuate the purposes 
 of the Act, the Divisional Code Authority may cause an impartial 
 agency to investigate costs and to recommend to the Administrator 
 a determination of the stated minimum price of the product affected 
 by the emergency and thereupon the Administrator may proceed to 
 determine such stated minimum price. 
 
 (b) When the Administrator shall have determined such stated 
 minimum price for a specified product for a stated period, which 
 price shall be reasonably calculated to mitigate the conditions of 
 such emergency and to effectuate the purposes of the National Indus- 
 trial Recovery Act, he shall publish such price. Thereafter, during 
 such stated period, no member of the Trade shall sell such specified 
 products at a net realized price below said stated minimum price 
 and any sudi sale shall be deemed destructive price cutting. From 
 time to time, the Divisional Code Authority may recommend review 
 or reconsideration or the Administrator may cause any determina- 
 tions hereunder to be reviewed or reconsidered and appropriate ac- 
 tion taken. 
 
 3. Cost Finding. — The Divisional Code Authority shall cause to 
 be formulated methods of cost finding and accounting capable of use 
 b}^ all members of the Trade, and shall submit such methods to the 
 Administrator for revicAv. If approved by the Administrator, full 
 information concerning such methods shall be made available to 
 all members of the Trade. Thereafter, each member of the Trade 
 shall utilize such methods to the extent found practicable. Nothing 
 herein contained shall be construed to permit the Divisional Code 
 Authority, any agent thereof, or any member of the Trade to sug- 
 gest uniform additions, percentages or differentials or other uniform 
 items of cost which are designed to bring about arbitrary uniformity 
 of costs or prices. 
 
 Article IX — Modification 
 
 This Supplemental Code and all the provisions thereof are ex- 
 pressly made subject to the right of the President in accordance 
 with the provisions of Sub-section (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. 
 
 Article X — Effective Date 
 
 This Supplemental Code shall become effective on the tenth day 
 after its approval by the Administrator. 
 
 Approved Code No. 201 — Supplement No. 19. 
 Registry No. 714-01. 
 
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