Approved Code No. 4 — Supplement No, 3 Registry No. 1308 — 17 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WIRING DEVICE INDUSTRY (A Division of the Electrical Manufacturing Industry) AS APPROVED ON JANUARY 15, 1935 WE DO OUR PART UNIV. OF FL Lli. ( A ^! U.S. DEPOg|TO!^Y j UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1935 Tor sale by the Superintendent of Documents, Washington, D. C. --------- Price 5 centa 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. 4 — Supplement No. 3 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WIRING DEVICE INDUSTRY As Approved on January 15, 1935 ORDER Supplementary Code of Fair Competition for the Wiring Device Industry A division of the electrical manufacturing 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 Wiring Device Subdivision to the Code of Fair Competition for the Electrical Manufacturing Industry, and hearing having been duly held thereon and the an- nexed report on said Supplemental Code, containing findings vrith respect thereto, having been made and directed to the President: Now, therefore, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Execu- tive Order No. 6859 and otherwise, does hereby incorporate by refer- ence said annexed report and does find that said Supplemental Code complies in all respects with the pertinent provisions and will pro- mote the policy and purposes of said Title of said Act; and does hereby order that said Supplemental Code of Fair Competition be and it is hereby approved, subject to the following conditions : (1) That the last sentence of Section 2 of Article II be and it hereby is stayed for a period of thirty days from the effective date of this Supplemental Code or until the National Industrial Recovery Board shall, by its further order, otherwise direct. (2) That Section 2 of Article III be deleted. (3) That Section 9 of Article VI be and it hereby is stayed pend- ing further study or until the National Industrial Recovery Board shall, by its further order, otherwise direct. 109331° 1465-94 35 (1) (4) That Article VII be and it hereby is stayed for a period of fifteen da,ys from the effective date of tliis Supplemental Code or until the National Industrial Recovery Board shall, by its furher order, otherwise direct. National, Industrial Recovery Board, By W. A. Hareiman, Administrative OfjiceT. Approval recommended : Barton W. Murray, Division Administrator. Washington, D. C, Jarvuary 16, 1935. KEPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on the Supplementary Code of Fair Com- petition for the Wiring Device Industry, a Subdivision of the Elec- trical Manufacturing Industry. An application has been duly made by the Code Authority for the Electrical Manufacturing Industry, on behalf of the Wiring Device Industry, for apj)roval of a Supplementary Code of Fair Competi- tion for said Wiring Device Industr}'. This Supplementary Code was submitted by the Code Committee of Wiring Device Industry, representing approximately 63% of the total volume of sales and 85% of the members of the Industry. A Public Hearing was conducted in Washington on September 11, 1934, and the Supplementary Code was revised and resubmitted in its present form. Every person who requested an appearance was properly heard in accordance with the statutory and regulatory requirements. PROVISIONS OF THE SUPPLEMENTARY CODE The Supervisory Agency governing the Wiring Device Industry is appointed by the Basic Code Authority of the Electrical Manu- facturing Industry and is adequately representative of all the differ- ent elements in this Industry. Since this Wiring Device Industry Code is supplemental to the Code of Fair Competition for the Elec- trical Manufacturing Industry, it adopts all the labor provisions of the Basic Code, as well as all other provisions and any amendments that may be incorporated in the Basic Code. FINDINGS The Deputy Administrator in his final report to the National In- dustrial Recovery Board on said Supplementary Code having found as herein set forth and on the basis of all the proceedings in this matter : It is found that : (a) Said Supplementary Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- tion 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 (3) fullest possible utilization of the present productive capacity of in- dustries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of indus- trial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than fifty thou- sand employees ; and is not classified by us as a major Industry. (c) The Supplementary 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 group is an industrial group truly representative of the aforesaid Industry; and that said group imposes no inequitable restrictions on admissions to membership therein. (d) The Supplementary Code is not designed to and will not per- mit monopolies or monopolistic practices. (e) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to dis- criminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Supplementary Code. For these reasons, therefore, the National Industrial Recovery Board has approved this Supplementary Code subject to the follow- ing conditions : 1. That the last sentence of Section 2 of Article II be stayed for a period of thirty days from the effective date of this Supplementary Code or until the National Industrial Recovery Board shall by its further order otherwise direct. 2. That Section 2 of Article III be deleted. 3. That Section 9 of Article VI be stayed pending further study or mitil the National Industrial Recovery Board shall by its further order otherwise direct. 4. That Article VII be stayed for a period of fifteen days from the effective date of this Supplementary Code or until the National Industrial Recovery Board shall by its further order otherwise direct. For the National Industrial Recovery Board : W. A. Haeriman, AdTmnistrative O^oer. January 16, 1935. Approved Code No. 4 — Supplement No. 3 Registry No. 1308/17 ERRATA SHEET CODE OF FAIR COMPETITION FOR THE WIRING DEVICE INDUSTRY As Approved on January 15, 1935 Article II, Section 2, line G, reads : " * * * Any person who imports outside the continental United States for * * * » Should read : " * * * Any person who imports from outside the continental United States for * * * " 112182° 1465—116 35 u. s. government printing office: issb SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE WIRING DEVICE INDUSTRY A DIVISION or THE ELECTRICAL MANUFACTURING INDUSTRY Article I Section 1. To effectuate the policy of Title I of the National In- dustrial Recovery Act, the following provisions are established pur- suant to the provisions of Article XIV of the Basic Code of Fair Competition for the Electrical Manufacturing Industry, approved August 4, 1933, as a Supplemental Code of Fair Competition for the Wiring Device Subdivision of the Electrical Manufacturing Indus- try, and eleven days after its approval shall, in addition to and to- gether with the provisions of said Basic Code and any amendments thereof, or additions thereto, hereafter made, be the standard of fair competition for the Wiring Device Subdivision of the Electrical Manufacturing Industry, and shall be binding on every employer thereof. Article II — Definitions Section 1. The term " Wiring Device Subdivision " of the Elec- trical Manufacturing Industry, or " Subdivision ", as used herein, means promoting the manufacture, and/or the manufacture, for sale of electrical wiring devices, including but without limitation Sockets and Receptacles, Tumbler, Toggle, Push Button and Snap Switches and their accessories; Attachment Plugs and Connecting Outlet Devices; Cord Sets for resale, including Decorative Lighting Outfits, Enclosed Fuses and Cutouts. Section 2. The term " promoting the manufacture ", as used here- in, shall include any person who sells or offers to sell any product of the Subdivision in effect as a manufacturer, or who represents himself as a manufacturer, in competition with employers of the Subdivision with respect to the primary distribution of such product. Any person who imports outside the continental United States for resale within the United States, any products of the Subdivision, shall be considered as one promoting the manufacture of such prod- ucts, with respect to the primary distribution thereof.^ Section 3. The term " person " as used herein, means a natural person, partnership, association, trust, trustee, trustee in bankruptcy, receiver, corporation, or other entity. Section 4. The term " employer " as used herein, means every person promoting, or actively engaged in, the manufacture for sale, of the products of the Subdivision as herein defined. ^ See paragraph 2 ( 1 ) of order approving this Code. (5) 6 Section 5. The term " eniploj^ee " as used herein, means anyone who is employed by any such employer, irrespective of the method of compensation. Section 6. The term " Supervisory Agency " as used herein, means the Supervisory Agency approved or appointed for the Subdivision in accordance with Article XII of the Basic Code. Section 7. The term " Basic Code " means the Code of Fair Com- petition for the Electrical Manufacturing Industry. Section 8. The term " Code Authority " as used herein, means the Code Authority for the Electrical Manufacturing Industry. Section 9. The terms " President " and " Act " as used herein, mean respectively the President of the United States and Title I of the National Industrial Recovery Act. Ap.ticle III — Price Filing Section 1. The Supervisory Agency may determine that it is un- desirable to continue the filing of net price lists and/or price lists with discount sheets and/or fixed terms of sale or payment on any product in respect of which such filing has heretofore been required under Article X of the Basic Code, and may cause such filing to cease. Section 2. The Supervisory Agency shall also cause such filing to cease on any product if requested by a two-thirds vote of the em- ployers in the Subdivision measured both by volume of sales and by number and the provisions of said Article X shall not apply to such product unless and until the Subdivision shall again request the Supervisory Agency in the same manner that such filing be made.^ Section 3. No provision of this Code relating to prices or terms of selling, shipping or marketing shall apply to export trade or sale or shipment for export trade. The term " export " shall include shipment to foreign countries and to the territories and posessions of the United States, except Alaska, Hawaii and the Canal Zone. On all export shipments every employer shall be responsible for accept- ing bona fide export orders only and shall be prepared to provide evidence of export upon call as required by the Supervisory Agency. Abticle IV — Selling Below Cost Section 1. Selling below cost by any employer may be done under the following conditions : (a) With respect to any product sold competitively under net price lists and/or price lists with discount sheets and/or fixed terms of sale or payment (herein referred to as price schedules) filed with the Supervisory Agency, any employer may file revised price schedules to meet the filed lower price schedules of any other employer, pro- vided that the Supervisor}^ Agency is advised that selling below cost is involved at the time the revised price schedules to meet competition are filed with the Supervisory Agency. (b) With respect to any product or specifications on which price schedules have not been filed with the Supervisory Agency, any em- ployer may meet the proven quoted price made on equal or equivalent 2 Deleted — See paragraph 2 (2) of order approving this Code. products or specifications by any other employer, provided proper notification of such intent has been given to the Supervisory Agency. (c) During the period of developing and introducing some new product until such time as the market demand and volume of produc- tion produce a cost below the price that can be reasonably changed therefor, any employer may sell below cost provided proper notifica- tion of such intent has been given to the Supervisory Agency. Article V — Homework Section 1. No employer shall permit or allow processing or manu- facture of any of his products in the homes of any employees or in any public or private institution except under the following condi- tions : a. A person may be permitted to engage in homework at the same rate of wages as is paid for the same type of work performed in the factory or other regidar place of business if a certificate is obtained from the State Authority or other officer designated by the United States Department of Labor, such certificate to be granted in accord- ance with instructions issued by the United States Department of Labor, provided (1) Such person is physically incapacitated for work in a factory or other regular place of business and is free from any contagious disease; or (2) Such person is unable to leave home because his or her services are absolutely essential for attendance on a person who is bedridden or an invalid and both such persons are free from any contagious disease. b. Any employer engaging such a person shall keep such certificate on file and shall file with the Supervisory Agency the name and address of eaeh worker so certificated. Article VI — Trade Practice Provisions Section 1. Misleading Advertising. — No employer 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, character, nature, finish, material content or prepara- tion) or credit terms, values, policies, services, or the nature or form of the business conducted. Section 2. Statements Regarding Policies of C ompetition. — No employer shall make or cause or permit to be made or published any false or deceptive statement of or concerning the business poli- cies, methods, conduct, ability to perform contracts or credit standing of a competitor or the grade or quality of his goods. Section 3. Misrepresentation as to Quality and Size. — No em- ployer shall mark or brand products of the Subdivision with intent to mislead or deceive, or with the effect of misleading or deceiving customers or prospective customers in any material particular with respect to the quantity, quality, grade or substance of the products so marked or branded. Section 4. Secret Rehafes. — No employer shall secretly offer or make any payment or allowance of a rebate, refund, commission, credit, unearned discount, whether in the form of money or other- wise, nor shall any employer secretly offer or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose of influencing a sale. Section 5. S'plitting CoTinnissions. — An employer shall not con- tinue to employ any salesman or agent, compensated in whole or in part on a commission or bonus basis, who shall pay or allow to any purchaser any part of the commission or bonus earned by him in connection with the sale of any products of the Subdivision, or who shall violate any of the trade practice provisions applicable to emploj'ers of the Subdivision. Section 6. Records. — No employer shall withhold from or insert in any quotation, acknowledgment of order, invoice, or any other instrument of business procedure of the employer, whether the trans- action results in an order or not, any statement which falsifies the employer's record wholly or in i^art. Section?. C ojiunercial Brihei'y . — No member of the industry shall give, permit to be given, or directly offer to give, an3^thing of value for the purpose of influencing or rewarding the action of any em- ployee, agent, or representative of another in relation to the busi- ness of the employer of such emplo3'ee, the i^rincipal of such agent or the represented party, without the knowledge of such employer, principal or party. Commercial bribery provisions shall not be con- strued to prohibit free and general distribution of articles commonly used for advertising excej)t so far as such articles are actually used for commercial bribery as hereinabove defined. This provision shall not be construed to prohibit prize contests openly conducted among salesmen. Section 8. Espionage of Co^ipetitors. — No employer shall procure or attempt to procure information from another employer concern- ing his business by any false or misleading statement or representa- tion, or by any false inpersonation of one in authority, or by bribery, or by any other unfair method. Section 9. Consignincnts. — No employer shall ship goods on con- signment, ledger balances, or on memorandum basis to any customer, provided, however, that nothing herein shall affect any bona fide contract entered into prior to the effective date of this Supplemental Code and which cannot by its terms be cancelled by the employer. All such contracts shall be reported to the Supervisory Agency, and no employer shall renew any such contract.^ Article VII * — Liquidated Damages Section 1. Recognizing that the violation by an employer of this Subdivision, of any provision of the Basic Code or of this Supple- mental Code, will disturb the normal course of fair competition in the "Wiring Device Subdivision, and cause serious damage to others, and that it will be impossible accurately to determine the amount of such damage, it is hereby provided that those employers who may * See paragraph 2 (3) of order approving this Code. * See paragraph 2 (4) of order approving this Code. desire to do so may enter into an agreement among themselves embodying the following provisions: a. Each employer violating any provision of the Basic Code, or of this Supplemental Code, shall pay to an impartial agent to be desig- nated by the Code Authority or by a majority vote of the employers of this Subdivision, in trust, as and for liquidated damages, upon determination of violation by the National Industrial Kecovery Board, or by an impartial agency or person nominated by the Code Authority or designated by the assentors to this agreement and approved by the National Industrial Recovery Board, amounts as set forth below : (1) For the ^dolation of any wage provision, an amount equal to the difference between the wages which have been paid and the wages which would have been paid if the employer had complied with the applicable provisions of tlie Code; (2) For the violation of any hour provision, an amount equal to the wages payable for tlie overtime at tlie regular rate payable under the terms of the Code, to the employee or employees who worked overtime ; (3') For the violation of any labor provision of the Code other than an hour or wage provision. Two Hundred Fifty (250) Dollars; (4) For the violation of any provision of the Basic Code or this Supplemental Code (other than a labor provision) involving a transaction incidental to or connected with a sale of any product of the Subdivision, an amount equal to twenty (20) percent of the actual selling price of the product sold in violation of any such pro- vision, or of the price at which the product should have been sold under this Code, if determinable, whichever is the higher ; (5) For the violation of any provision of this Code (other than a labor provision) not involving a transaction incidental to or con- nected with a sale of any product of the industry. One Hundred (100) Dollars. Section 2. All amounts so paid to or collected by the impartial agent designated in accordance with Section 1, under the provisions of this Article, shall be applied by him as follows : First, if the violation shall have been of a labor provision of the Code, equitable distribution of all damages paid therefor shall be made among all employees directly affected by such violation ; Second, if the viola- tion shall have been of a Code provision other than a labor provi- sion, the damages arising therefrom shall be utilized to defray proper expenses of Code Administration, and the balance, if any, remaining in the hands of the said hnpartial agent shall be dis- tributed semi-annually among employers of the Subdivision who have assented hereto and who have not been determined to have been guilty of a violation of a Code provision during the preceding semi-annual period, on the basis of the most recent assessment made against employers of the Subdivision for the expense of Code Administration. Section 3. Assent to this Article by any employer shall be evi- denced by a signed statement signifying assent, filed with the Code Authority. Failure to assent to this Article shall not deprive any employer of any other right or privilege under this Code. By so assenting, each employer agrees with every other employer and the 10 said impartial agent individually (a) that violation of a Code pro- vision shall breach this agreement and shall render the violator liable for the payment of liquidated damages as herein provided, (b) all rights and causes of action arising hereunder are assigned to the impartial agent, individually and in trust, and (c) that the impartial agent, as such assignee and as attorney in fact for each assenting employer, may take all proper legal action concerning damages found due hereunder. Section 4. The Code Authority may waive liability for payment of liquidated damages for any violation it finds to have been inno- cently made and resulting in no material injury. Section 5. The said impartial agent as an individual, by accepting office, accepts the trust established by this contract and agrees to perform the duties of Trustee hereunder until his successor in office may have been appointed. Section 6. Nothing contained in this Article VII shall be con- strued or applied to (a) deprive any person of any right or right of action arising out of the Basic Code or of this Supplemental Code, or (b) relieve any employer of the Subdivision from any con- tractual or legal obligation arising out of the Basic Code or this Supplemental Code or of the Act or otherwise; nor shall violation of this agreement by an assenting member be deemed a violation of the Basic Code or of this Supplemental Code, so as to subject the violator to any consequence arising under Section 3 (b), Section 3 (c), or Section 3 (f) of the Act, nor to any criminal prosecution of any kind. Article VIII — JModitications Section 1. This Supplemental Code, and all provisions thereof are expressly made subject to the right of the President, in accord- ance with the provisions of Sub-Section (b) of Section 10 of the Act, from time to thiie to cancel or modify any order, approval, license, rule or regulation issued under Title I of said Act. Section 2. Such of the provisions of this Supplemental Code as are not required by the Act to be included herein may, with the approval of the President, be amended or eliminated as changed circumstances or experience may indicate. Study of the trade prac- tices of the Subdivision will be continued by the Supervisory Agency for this Subdivision, heretofore appointed by the Code Authority with the intention of submitting to the National Industrial Kecovery Board through the said Code Authority for approval from time to time amendments of or additions to this Supplemental Code ap- plicable to this Subdivision. Articke IX — EFrECTi\T: Date Section 1. This Supplemental Code shall become effective eleven days after its approval. Approved Code No. 4 — Supplement No. 3. Registry No. 1308-17. UNIVERSITY OF FLORIDA 3 1262 08853 8441