Code of fair competition for the fan and blower industry as approved on January 30, 1934

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Material Information

Title:
Code of fair competition for the fan and blower industry as approved on January 30, 1934
Portion of title:
Fan and blower industry
Physical Description:
p. 575-585 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Fans (Machinery) industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1304-03."
General Note:
"Approved Code No. 238."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004936562
oclc - 647786602
System ID:
AA00006466:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


FAN AND BLOWER INDUSTRY


I' 1
For sale by the Surperintendent of Doemnents, Washington, D.C. - Price 5 cents


Approved Code No. 238


Registry No. 1304--03


AS APPROVED ON JANUARY 30, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WALSHINGTON : 1934






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, WaLshington, D.O., and by district offices of the Bureau of Foreign
anrd Domestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMME~RCB

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.:r Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commeree.
Dallas, Tex.: Chamber of Commerce Building.
Detroit. Alich.: 801 First National Bank Building.
H~ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jneksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 Bouth Broadway.
Louisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 220 Federal Building.
Minneanpolis, Mine.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customboluse.
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 Offce Building.
St. Louis, Mo.: 506 Olive street.
Ban Francisco, Calif.: 310 Onstomhouse .
Seattle, Wash.: 809 Federal Offie Building.












Approved Code No. 238


CODE OF FAIR COMPETITION
FOR THIE

FAN A]ND ]BL~OWER IND)US1I~RTRY

As Approved, onl January 30, 1934






ORDER

APPROVIING CODEi OF FAIR COMPETITION
FOR THE

FA~N ANVD BLOW7ER INJDUSTR~Y

An application having been duly made p~ursunntl to and in full
compliance with. the provisions of Title I of the National Indultr~iall
Recovery Act, appr'oved June 16, 1933, for approva\l of a Code of
Fair Comlpetition for the F'an and Blower IndusitryS, and hlear~ings
having been duly held thereon and the annexed report on said Coder,
containing findings with rIespect thlereto, having been made and
directed to the 1Presilent.:
NOW, THEREF`ORE, on behalf of the 1Presient, of the Unitied
States, I, H-lugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authorityT vested in me bNy Executivet Orders of the
President, including Ex~ec~utive Order o.6543--A, dated Decemb~er
30, 1933, and otherwise; do hereby incorporate by reference said
annexed2 report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of salid Title of said Act; and do hereby order that said Code
of Fair Completition be and it is hereby approved.
HUGH S. JOHNSO`N,
Ad mnzisltrator for I~nducstrial ~Recovlery.
Approval Reconuniended :
WV. A_. Ha~nnison,
Division. Adcm in~itr~atror.
WYASHINGTON, D.C.,
January ;30, 1934C.
8670 0--- 31i3-1 53 --34 (575)












The PRESIDENT,
The White Houzse.
SmR: Thlis is a report on the Codie of Fair Competition for the F~an
and Blower Industry as revised after a public hearing, conducted in
Washingrt~on, D.C., on Decemlber 28, 1933, in accordance with the
provisions of the Nlrational Industrial Recovery Act.
PRO\'ISIONS AS TO WAGES AND HOU~RS

All. except office emnployees. shall be paid a miinimuim rate of
fortyv cents per hour. Apprentices shall not exceed in number five
petr~cenlt o.f the total numrlber of wage earnmers. Office employees
shall be paid a minimum wage of fifteen dollars per week. Offce
boy~s and girls shall be paid not less than eighty percent of this
rate anld shallI not exceed in number five percent of an employer's
total number of office employees.
Handicap~ped- w-orkers mlay be employved at wages below the m~in-
imum. Female employees performing substantially the same work
as male employees shall receive equal pay. Adjustment of wage
rates above the minimum will be made within thirty days after the
approval of this Clode.
Forty ~hours shall be the maximumi numnber of working hours
for any week; andl eight hours for any day except during any six
weeks in a six months' period for~ty-eigaht hours in one weekr shall
be permnissible.. Executives, their staffs, and supervisors, who reg-~
ular~ly receive: thirtyr-five dollars or more per weekr, and outsd
salesmen ar~e excepted from this provision. Employees engaged
solely at. maintenance and repair work, truckmen, firemen, and
eng~ineer~s may8 work nine hours a dayr or forty-four hours a week,
except dullring any six weeks in a six months' period forty-eight hours
in o~ne week is permissible. Wa~tchmen shall not be employed in
excess of fifty -six hours in any one week. Office emnployeaels, except
those r~eceiving thirty-five dollars per weekr or more, halnot be
employed in excess of an average of forty hours per week over each
period of five weeks, nor more than forty-eight hours in any one
week.
All employees, except office employees, shall be paid at the rate
of time and one half for time worked in excess of forty hours per
week.
ECONOMIC EFFECTS OF THE CODE

Annual sales of the products of this industry declined about
siixty-four percent from 1929 to 1933 and invested capital declined
thirty-one percent over the same period. Employment declined
forty-six percent from 19i>9 to 1933. Thirty-zune hundred wag
earners were employed by thle industry in 1929 according toth
Research and Plannnlrg Division'ss report.
(576)





577


The mlaximumn hours establishedl by this Code will increase em-
ployment approximately twelve percent. if the average volume of
production for t~he years 1930 and 1931 is continledl. The Code
p~rovision that wages above the minimum shall be equitably adjusted
is expected t~o cause material increase in purchasing pIower. Trade
practice provisions of the Code are expected to remellrly many of the
evils that have been prevalent in the past. This Industry dep~end~s
chiefly on newr building.
FINDIGsc

Thle Deputy Admin~istrator in his final report to me on said Code,
having foulnd as herein iet forth and on the basis of all th~e pro-
ceedings in this matter;
I find that:
(a) Saidl Code is well designed to promote the policies and pur-
poses of Title I of the National Indlusitrial Recovecr~y Act, including
removanl of obstructions to the free flow of inter tate and foreign
commerce which tenld to diminish the amount thereof and will pro-
vide for the general welfare by pr1omnotingr the organizatiion of in-
dustry for t~he purpose. of cooperative action among11 the trade groups,
by inducing and maintaining united action of labor and ma~lnageelntr
under adequate governmental sanlctionsl and supervision, by elimni-
ntng ufair competitivet pranctices, by promlllot in the fullest possible
utilization of thle pr~esent. productive capacity of industriesc~ by
avoiding undue restriction of production (except as may be teml-
porar~ily requiredd, by increasing the consumption of industrial and
a~gricul'tural products through increasing purchasing p~owerl, by re-
ducringr aInd relieving unemployment, by Imlpronogil standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry~ normally employs not more than 5i0,000 em-
ployrees: aind is not elnssified by me as a major industry.
(c) The Code as approved complies inr all Irespc~cts w~ith the per-
tinenlt pr~ovisions of said T~itle of said Act, including without limi-
taztion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant a s~o-
ciation is an industl~rial association truly repr~esentative of the afore-
said Indus~try; and that said association imposes no inequitablee
restrictions on admission to membership thereini.
(d) The Code is not desigrnedl to and wctill 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 discr~iminatee against them~.
(f') Those engaged in other steps of thie economic process have
not been deprived of the right to be heard prior to approval of
said Codle.
For these reasons, therefore, I have approved this Code.
Respect fully,
HUGJ~H S. JOHNSiON,
Adrrainistrator.
JAN UrRY 30, 1934.













CODE OF FAIR COMPETITION


FOIR THE

FAN AND BLOWER INDUSTRY


ARTICLE I--PURPOSES

1. To effectuate the policies of Title I of the National Indulstrial
Recovery Act, the following provisions are established as a Code
of Fair Comipetition for thle Fan anid Blower Industry, and shall
be the standard of fair competition for such industry and shall be
binding upon every~' members ther~eof.

AnnCLE II DIErNIMlONS

1. The t.ermI~ '' Fun and~ B~lower Industry as used herein is defined
to mean the mianufacture and the sale by t~he manufacturers of
fans, blowers, anld air washers with their necessory equipment as
used inl the hleating andi ventilating business and as applied to
drying, mechanical dranft or air conditioning for both industrial
andi human comfort purposes. Electric ventilating fanls other than
desk, wall,, or ceiling fans commonlyy termed buzz fans ") shaUl
be classi~edl as comiing within the scope of this definition.
'2. The ter~m "~ President "' as uised herein means the Presidlent of
the United States of America.
3. Thle term "'Admninistrator means the Admlinistr~ator of Title
I of the~ N~ational Industrial Recovery Act.
4. The t~erm "A8ssociation as used herein means the National
Association of Fanl M~anufacturers, a trade association.
5. TIhe termn "A~ct as used herein means the National Inidustrial
RecoverT _A~ct.
6i. The ter~m Employee as used herein includes any person
engagaed mn the Induslt.ry. in any capacity, Irecivmg compensation
for his services, ir~respe~ctive of the nature or method of payment
of his compensation.
7. The term Employer as used herein includes anyone by whom
any such employee is compensated or employed.
8. Tiie: terml M~ember of t~he Industry ",J or "' Member includes,
but., w~ithoult limitation, any individual, partnership, association,
corporation or other form of enterprise engaged in the Industry,
either as an employer or on his or its own behalf.

ARTICLE ~II-HOURS

SECTION i. NO employee, excluding accounting, clerical, and office
employees, shall be employed in excess of forty (40) hours in one
(57i8)






579


week, or eight (8) hours in any twenty-four ("-4) hour period, except
that dur~inga any six (6) weeks inl any1 six (6) months' per~io~ em1-
ploy'ees may be employedl not more than fortly-eight (48) hours per
week. prlovidcing one and one half timers the norma113 rate of pay shall
be pid"c for hours w~orked~ in. excess of eight (8)hus pr a and
forty (4l0) hours per wceek. The foregroing Ilimitatio~ns hl not
apply to-
(a) Thlose emnployed in ex~c~utivet aIndl manuagerial capacity, and
service engineers when andl as long as therir expeneslc~ are p~aid by
t~heir emplloyer, who regularly r~ec~eivie thirty-five ($35.00) dollne~s
or mnore1 pe' week.
(b) Outside sraleilmen.
(c) Empllloyees engaged~ solely at malrinltenanlce and retpair work,
truckimen, firemen, and engineers, who may be permi1tted~ to workr not
more than nine (9) h1ours' in anyr one day, or forty-four (44) hours
in any onle wek.. These employees mayg abo be permitted to work
forty-eighlt (418) hours per week~l du~ringr any six (6) weeks in any
six (Ij) mlonths period. One and one half times thle normal rate of
pay shall be paid for hours w-orkedl in excess of eighlt. (8) hours per
day andr forty (40) hlourls per week.
(d) Wa'tchmnen, who may be emplloyed not more th-an fifty-sixz
(56) houlrsi in any one (1) week, except wa.itchmenl~l in closed plants
to w~hom this limitation, shall not apply.
(e) CasesPi of emecrgrencyS such as the production of equipmentll or
rcpair~s for break~down service, or where thre estr~ict~ion of hours of
skillel worlker~s woulld7 unavoidably redulce produclltionl or limit the
w~ork avanilable to other workers.
SiEC'. 2. NO QcC~OH~in~r, ClerlCRI, Or OfleC emlploee Shall be emr-
play'ed- in, excess of an average of forty (40) hours a week over a
calenanr~I five (5) weeks pleiod~, nor more than forty-eigh~t (48)
houlrs in7 any one week.
SEC. 7. NO em~ployerl shall knowringly- permit any employee to
wTorkl fOr any time which, when totaledl with tha3t already performed
with another emp~loyer or emp~lloyers exceeds the maximum permnittetd
herein.
SEC. 4l. No employee shal~ll be per~mittedi to work~l more than six (6)
days in any seven (7) day period.
ARTICLE IV- GES

SEC'TION i. NO employee shall be paid at less than. the rante of
for'ty (40) cents per hour, except that:
(a)Accuntngclerical, and office employees mlay be paid at not
less than f ifteen ($15.00) dollars per weekr.
(b,) Office boys and office girls may be paid at not less tha~n eighty
(80) per~cetlt of the above provided3 minimum wage for necounting,,
clerienl, and o~fice employees, provided that the total number of such
office boys and girls receiving less than such minimum wage shall
not exceed, in any calendar month more than five (5) percent of the
total number of office employees of the empl oy3~er, except that any
employer may employ at least two (2) suh persons as above
provided.






580

(c) Nothing in this Article IV shall apply to or affect a bona fide
apprentice employed under a system~ or course of training which,
when completed, will make the apprentice a skilled mechanic. At
no time shall new apprentices be admitted to apprenticeship by any
employer wh~en such actionn will bring their total number to more
than five (5) percent of the total number of factory employees of
such emnployer.
SEC. L3. This Article establishes a miinimium rate of pay whlichl
shall apply, irrespective of whether an employee is actually com-
pensatedl on a time rate, piece--work, or other basis.
SEc. 3. The Code ALuthlorityl may3 pr~esenlt for approval of the
Admlinistrator, after notice andl hearing,? r~ecommnendations as to
upward adjustments inl minimum wages for specific localities.
SEC. 41. Equllitable adljustmlent of compensation of employees re-
ceiving more thnn the minimum rates of pay herein prescribed shall
be maede by all employers who have not. heretofore made suich ad-
justmnents, andl all eminloyers shall within sixty (60) days after ap-
proval of thlis Code, report in full to the Clode Authiority concerning
su~ch ad~justmlents whlethier made prior to or subsequent to such ap-
proval, providedl, hiowever, that. in no event. shall hourly rates of
pay be r~edlc~edl.
SEC. 5. Female emiployees performing substantially thle samne work
as mnle employees shall receive the same rate of pay as male em-
ployees.
SEc. 6. A person whose earning capancity is limited because of
age or physical or other handicap may be emnployed on light work
at a w-age below the minimum established by this Code if the em-
ployer obtainis fromt the State authority designated by t~he United
States Depar'tment of Labor a certificate authorizing his emiploy-
ment at suich wrages and for such hours as shall be stated in the
certifiente. Each employer shall maintain on file with the Code
Authority a list of all such persons employedl by him.
SEC. 7. \Yages shall be exempt from any payments for pensions,
insurance, or sick benefits other than those voluntarily pai by the
wage earners, or required by State laws. Wages shall bepaid at
least at the end of every two-week per~iod,? and salaries at least at
the end of everyr month.
S~Ec. 8. The emiployer or his agent shall accept no r~ebates directly
or indirectly on such wages nor give anythiing of value or extend
favors to any person for the purpose of influencing rates of wages
or the w~orkinga conditions of his employees.
ARTICLE V--GENERAL LABOR PBonsYtons

SECTION i. NO person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall sub-
mlit to the Adm~inistrator before M~arch 1, 1934, a list of such opera-
tions or occupations. In any State an employer shall be deemed to
have complied with this provision as to age if hie shall have on file a
certificate or permiit duly signed by the authority in any State em-






581


powered to issue employment or agre certifka~tes or permits showing
that the employee is of the required age.
SEC. 2. In compliance with Section 7 (at) of thre Act it, is providedl
that:
(a) Employees shall have the right to organize andl bargain col-
lectively through representatives of their o~wn choo~sinlg, and shall
be free from the interference, restr~aint, or coercio~n of emp~lloyers of
labor, or their agents, in thle dlesignration of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection3.
(b) No employee and no one seeking emloymentlllnt shall be r~equiretd
as a condition of employment to join any comipnany union or refrain
from joining, orgamizmg, or assistmng a lab~or organization of his
own choosing.
(c) Employ~ers shall comply with the maimumiin ho0ur~ o~f labor,
minimum rates of pay, and othle condlcitionls of employment atlpprov~d
or prescribed by th~e Presidlent.
SEC. 3. No employeri shall reclassify employees or duties of occu-
pations performed or engage, in any~ other subterlfuge for the purpyose
of defeating the purposes or provisions of the Act or of this Code.
SEc. 4. Every em~ployer shall make reasonable purovisions for th
safety and health of his emrployees at the place and uigth or
of their employment..
SEC. 5. No provisions in this Code shall supersede any State or
Federal law which~ imposes more stringent requirements on employ-
ers as to age of employees, wa~ges, hours of w~ork, or as to safety,
sa~nit'ary orr general working conditions, or insurance, or fire protec-
tion, than are imposed by- this Code.
SEc. 6. All employers shall post complete copies of the labor pro-
visions of this Code: in conspicuous places accessible to employees.
A1RTICLE VI-ADMIINISTRATION

To effectulate the policies of the Act a Code Anthority is hereby
constituted to cooperate with the Administ rator in the admninist ration
of this C~ode.
SECTION. 1. (a) During the sixty (60) day period following the
effective date, the Code Committee of the N-atlonal Association of~
Fan Mannufactul~rer shall constitute a temporary Code AQuthlority, to
serve until the per~manent Code Authority hereinafter r~eferred~ to
shall have been elected.
(b) During such period the Association shall set up a permanent
Code Aurthorlty consistlnga of three (3) or more members of the Indus-.
try as determined by the Code Authority~, elected. by th members ofE
thle Indust~ry by a fair method of selection, approved by the A~d-
ministrator. To the temporary and to the permanent Code Aiuthority
so provided for, the Administrator in his dtiscret~ion may appoint
not more than three additional mlember~s (without vote) to represent
the Administrator. Such additional members shall serve without
expense to the Industry.
(c) The Code Aut~horityv (including the temporary Code Autlor~ity
herein above refelrrd to) shall have tbhe following pow-ers and duties,
to the extent permitted by the Act:






582


1. To obtain from the: members of thle Industryv such statistical
data andt information as may' be required under the Act (in such
formn and manner as not to dlisclose the individual figures and data
of the resp~ective members of the Indusitry), whether requested by
thle Admllini~stralto-r or as mlay be othlerwise necessary to enforce and
effectnate the pr~ovisionss of th is Code andi the policy of thie Act.
2. To makle available to, the A~dmlinistratoo r such reports, data,
and information as miay be required byT the Admiinistrator andl
whlich~ will assist. in keeping the Admninistr~ator or any representative
designated by himr fully advlised~ concerning such matters and confer
w~ith thle Admninist ratoor or his representative from time to time t~o
consider andl ctudy anyi recommnlendations presented by such persons
on behalf of the NJational Recovery Administration or anyI member
of thec Indusltry regardcing thle operation, observance, and admiinis-
tration of this Code.
3. To makle r~ecommn dai~ntions to the Admnin istrator for the coordi-
nationi of the admiinistrattiion of this C'ode withl such other codes, if
any, a'; mlay be r'elatedl to the in7dustry..
4. To c~ooplernt~e with the Admninistrat~or in regiulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assetntedl to, andl are complying wIith, this Code.
5. To r~ecommiend to the Admiinistrator further fair trade prac-
tice provisions to govern m~mber~s of t~he industry in their relations
with each other or wnith other industries and to recommend t.o thie
Admninistrator measure~cs for-r indsrlia~lil planning,~ includring stabiliza-
tion of emlployment.t
6. T'o d-elegate any of its duties to such agencies as it mnay ap-
point whlich. would2 not inv~olve th~e disclosure of the individual danta
or informa~tion of any member of the Industry, except as othlerwise
herein permlitted or requlired to be disclosed, provided, that such
agencies shall be under the suipervision of the Cod-e Authority and
responsible, to it.
S~Ec. 2. Th~e Aissociation is h~ereby constitulted an agency of the
Cod'e Auth~orityr to receive reports as hereinabove provided. The
Associat ion shall provide for thle receiving and holding of such re-
ports in confidence. Suchi reports shall be in such form, and shanll
be furniidhed at such intervals as shall be prescribed by the Code
Author~ity and shanll contain such information relevant to the pur-
posesi of this Code as shall be prescribed by the C~ode Authority from
timne to time including info-rmlation with respect to the following
subjects :
(a) Employment, hours, wages, and wage~ rates.
(b) Pmroducftin and bi;lling
(c) F~inancial and cost data.
(d~) Activity, purchases, and sales.
SEC. 3. Eachi trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
sumit to the Admninistrator true copies of its articles of associa-
tion, bylaw\s, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may dleemr necessary to
effectuate thei purposes of the Act,






583


SEo. 4. In order that the Code Author~ity shall at all times be
truly representative of the industry! andr in other respects compliy
with the provisions of the Act! the Administrator mnay prescrilbe
such hearings as he may deem proper; and thereafter if he hall1
find that the Code Authority is no~t truly representative or does not
in other respects comply whit~h the provisions of the Act, may require
an appropriate modification in the method of selection of the Code
Authority.
SEO. 5. In addition to the information required to be submitted
to the Clode Authority, there sh~all be furnished to goveprime~n t
agencies such statistical information as the Administrator may deemi
necessary for the purpose recited in Section 3 (a) of thle Aict.
ARTICLE V11I-RULES COVERING INDUSTRY

SECTION 1. There shall be uniformity in bookk~eep-ing miethodrs.
Each member shall subscribe to, adopt, and put into effect a melthodN
of cost accoulnt~ing which recognizes aInd includes all items entering
into costs as prescribed by the Statistical Commnittee of thle ALssocia-
tion and approved by the Code Authority and by the Administrator.
SEC. 2. WVhere a Ina.nufacturer produces other lines of prodluclts
not falling under the definition of the "' Fan and Blo~wer Industry "',
each such business shall be considered a separate unlit for the pur-
pose of ascertaining costs, and costs not specifically attribultab~le to
one specific business shall be properly and fair~ly a-llocatedI to thes
several businesses so that. the cost of the products of the Fanl and
Blower Industry can be fairly and accurately dletermlined.
ARTICLE Y111I--TIRADE PuencTE RULES

SECTION i. ClOff~ COnipffitz'OW-.- R NO member shall sell or
exchange any product of his manufacture at a price which results in
his receiving less than his total cost of prodluct~ion, determined pur-
suant to t~he provisions of Article VII, except that, any member of
the industry may meet the price competition of any othIer member
who is not violating this Cod~e on products of equivalent design,
size, capacity, chur'neter, quality, or specifien~tions..
(b) No member shall entice away any employee of any other
member with thle purpose and effect of uniduly hamrpein~ig, inljurinjg,
or embarrassing such other member in his business.
(c) No member shall withhold fro or insert in the invoice, facts
which make the invoice a false record, whollyhl nor in(E part f h
transaction represented on t.he face thereof,anshlnomkepy
ment or give allowances of secret rebates, refunds, credits, unearned
discounts, whether in the formz of mlone~y or otherwise.
(d) No member shall falsely dispar~age the weight, substance,
strength, grade, quality, or efficiency of the goods of competitors.
(e) No member shall defame competitors wirth the. purpose andl /or
tendency to mislead or deceive any prospective purchaser or pur-
chasers by falsely imputing to them dishonorable conduct, inability
to perform contracts, quespt~ionable credit: standing, or: by other
misrepresentation.






584


()No member shall in selling or offering to sell any product,
meany materially inaccurate or false representations as to the
quality, quantity, grade, substance, or efficiency of such product, for
the purpose or with the effect.0f deceiving purchasers or prospective
purchasers.
(g) No guarantee against defects of workmanship and material
shall be given on standard products beyond the customary one-year
period.
(h) No member of the industry shall knowingly offer a proposal
after a contract has been awarded to another member, provided that
the award has been approved by all parties having rights therein and
thle contract, has been duly and regularly accepted by such other
membl er.
(i) No member of the industry shall attempt to induce the breach
of any contract between-a manufacturer and a customer or his source
of supply.
(j) No member of the industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
emlployee, the principal of such agent, or the represented party with-
out the knowledge of such employer, principal, or parLty. Commler-
cial bribery provisions shall not be construed to prohibit free and
general distribution of articles commionly used for advertising except
so far as such articles are actually used for commercial bribery as
her~eilnabov~e defined.
SEc. 2. Nothling in these rules shall be interpreted to prevent the
sale of dropped lines or obsolete stock at. such prices as are necessary
to move. such merchandise; provided, however, that all such stocks
are first reported in writing t~o the~ Code Authority, or' its authorized
agent, and that any such report contains an accurate inventory of
the material in question and the price asked.
SEc. 3. Any representations, whether by advertiscing or otherwise,
as to performance of equipment shall be in accordance with t~he Test
Codes adoptedl by t~he Association and the Amnerican Society of Heat-
ing and Ventilating Engineers where applicable.
ARTICLE IX--G;EN~ERAL PROVISIONrS

SECTION 1. By presenting this Code, the applicants for its approval
shall not. be deemed to have assented to any modifications thereof and
each reserves the right to object to any modification thereof.
SEC. 2. (a) Amendments to or revisions of this Code may be pro-
posed by the Code Authority, which will become effective as part of
t~he Ciode upon approval by the Administrator after such notice and
hearing as he may specify.
(b) This Code and all the provisions thereof are expressly made
subject to the right of the President of the United States, in accord-
ance with the provision of Subsection (b) of Section 10 of the Na-
tional Industrial Recovery Act, from time to time to cancel or modify
any order, approval, license, rule, or regulation issued under Title I
of said Act, and specifically, without limitation, to the right of the
President of the United States to cancel or modify his approval of






585


this Code or a.ny conditions: imlposedl by him, uponlahis approval
thereof.
(c) Mfembers of the IndlustryJ shall be entitled to participate in
and share the benefits of the Code and to participate in the election
of the permanent Code Authority, by assent~inga to and complyilng
with the requirements of this Code and sustaining their reasonable
share of t~he expenses of its administration. The reasonable share
of the expense of admlinistration shall be determined by the Code
Authorityr, subject to review by the ALdmninistrator, on the basis oft
voh~une of business and/or such. other factors as m~ay be deemed
equitable to be taken into consideration.
SEO. 3. None of the provisions of this Code shall be construed or
applied in such a way a.s to promote a monopoly or monopolistic
practices or to eliminate or oppress ~smll enter~prises, or discrimi-
nate against t.hem.
SEC. 4. If the Admlinistrlator shall determine that any action of
the C'ode Authorityv or any ag~encyT thereof is unfair or unljust or
contrary to t~he public interest., th~e Admllinist~rator ma~y require that
such action be suspended for a period of not to exceed thirty days~rc
to afford an opportunity for investigation of the meritsofuc
action and fulrt~her consideration b such code authority or agency
pending final action, which shall betakien only upon approval by
the Admninist rator.

A-RTIOLE X--EFFEC.TIDT DlATE

This Code shall become effective on the second Mlonda~y after its
approval by the President of thne United States.
Approved Code No. 238.
Registry No. 1804--03.




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