Last Update: March 10, 2018
The President, The White House.
Sir: This is a report on the Supplementary Code of Fair Competition for the Electric Industrial Track Manufacturing Industry, a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, and on the hearing conducted thereon in Washington, D.G, December 18, 1933, in accordance with the provisions of Title I of the National Industrial Recovery Act.
The Electric Industrial Truck Manufacturing Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Practice, as provided for in Section 1 of Article VI of the Basic Code, for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved by you on the second day of November 1933.
RESUME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Sup- plementary Code.
Article III. This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry and the labor provisions of its Basic Code, as approved November 2, 1933, are the labor provisions of this Supplementary Code.
Article IV establishes a Supplementary Code Authority consisting of the five (5) members of the Board of Trustees of the Electric Industrial Truck Institute, Inc., or its successor, and one member chosen from the Industry by the vote of the members thereof, and gives the Administrator the authority to appoint one additional member "without vote and provides machinery for obtaining statistics and the administration of this Supplementary Code.
Article V sets forth the fair trade practices of this Supplementary Code which has been especially designed to effect fair competition in this division of the Industry.
Article VI contains the mandatory provisions contained in Section 10 (b) of the Act and also provides for the submission of proposed amendments to the Supplementary Code.
Article VII provides against monopolies and monopolistic practices, and recognizes that price increases be limited to actual additional increases in the seller's costs.
Article VIII states the effective date of this Supplementary Code.
The Assistant Deputy Administrator in his final report to me on said Supplementary Code having found as herein set forth and on the basis of all the proceedings in this matter;
I find 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 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 supervision, 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.
(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me 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 association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable restrictions on admission to membership therein.
(d) The Supplementary Code is not designed to and will not permit 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 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 Supplementary Code.
For these reasons, therefore, I have approved this Supplementary Code.
Hugh S. Johnson,
Administrator. January 31, 1934.