NliATION~AL RECOVERY ADMIINISTRATIONJ
CODE OFi FAIR, COMI['F~3~PETITION
AS APPROVED ON JANUARY 19, 1935
WE DO OUR PA
UNIV. OF- FL LIB.
Ior sale bythe Superintendent of ouensWahngton, DC.- -- --- -- Price 5 ents
Approved Code No. 183--Amendment No 2
Registry No. 1328-1-011
GOVERN1VIENT PRINTING OFFICE
Thiis publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., andt by district ofikes of the Bureau of
Foreign and Domestic Commerce.
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Approved Code No. 183--Amendment No. 2
AlMENlDMENT TO CODE OF FAIR COMR1PET1IT'ION
HO~USEHO[LD ICIE R]E1FR~IGQ~ERIA TOR~3 IN6DUJSTRY
As Approved on January 19, 1935e
APPROVING AMENDMENT OF CODE OF IFiAIR COMPET.?ITION FOR THIE
HOUSEHOLD I0E REF~I(CER.1TOR INDSEl~T:Y
An application having been d~uly madr-e pursuant to and in fulll
compliance with the provisions of Title I of t-he National Industrial
Recovery A-lct, approved June 16, 1933, for approval of fifteen amnend-
m!ents to a Code of Fair Competition for the H3ousehold Ice Refrig-
erator Industry, and hearings having been duly held thlereon and
the annexed report on said amendments, containing findings with
respect thereto, having been made and directed to the President:
NOW, TPHEREFORE, on behalf of the ]President of the Unitedl
States, the National Industrial nRo\ecvery Boardl, purlrsant to au-
thority vested in it by Exzecutive Orders of the Presid~ent, including
Executive Order Number 6859, and otherwise; does hereby incorpo-
rate, by reference, said annexed report and does find that safid amend-
ments and the Code as constituted after being ame~nded~ comply in
all respectfs with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does `hereby order that
said amendments be and they are hereby approved, and that the
previous approval of said Code is hereby amende~d to include an
approval of said Code in its entirety as amended.
NATIONAL INDIUSTRIAL RECoun-ET BOARD
By W. A. HARRIMcAls, A-dminiiijstratiue Of)cer.
Acting Divisionz Administrattor.
W~esmwNGONo, D. C.,
January 19, 1935.
REPORT TO` T~HE PRESIDENT
The WhiZte Hiouse.
SR: This is a r~epor~t on fifteen amendments to the approved Code
of Fair Competition for the Household Ice Refrigerator TIndustry.
These amendments are ncepcltable to the Code A~uthority for thlat
Industry and to the various Boards and D~ivisions, anrd opportunity
to be heard thnereon has been given to all interested parties.
TIlhe .Ac.ting~ Amistant ]Deputy Administrator ini his final report
to us on said amendments to said Code having found as herein set
forthn and on thne baslis of all the proceedings in this matter, wec
find that :
(a) The amendmen~rts of said Code and the Code as amlended are
well constitulted to p11rounte thie policies and purposes of Title I
of the National Irlastl~f'rll Recovery1'3 ASct, includling~~- the remnova~l of
obstructionsl to th-e free: fow of interstate and fooreign commerce
which tendlt to diminish thne amount thereof, andl will provide for
th~e general. welfare by promllloting thie organization of Industry for
the Inn-posesi~c of cooperaltivet action amonlg the T~rade Groups, by
indcucingr l and marlintainingc united action of labor and management
under adelcquate Goveri1lllnmen sanction and supervision, by elimilnat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capancity of industries, by
avoiding undue restriction of production exceptt as may be temn-.
poraril~y reqcuired~), by incry- llrein the consumption of inusll;trial and
agricultural products through increasing purchasing power, by
redu~lcing~r and relievingb unemployment, and improving standards of
labor, and by otherwise .rehabllilitatingb industry.
(b) The Code as amended compllies in all res~pects with the perti-
nrent provisionsl of said Title of said A~ct, inc~ludingl without limita-
tion subsection (a) of rSection 3, subs~ectio~n (a) of Sc~ction 7 and
subsection. (b) of Sec~tion 10 thereof.
(c) The NJational~l Rtefr~igera~tor Malllnufnurers Association was
and is an indus~trial association truly representative of thle aforesaid
Industry and said ;r~soc~iation imnposl and imlpose~s no mnequitable
restr~ict-ions on adminiion to memibership there~in andl caln ents to
(d) The amenc~dments and the Codelt as ame~nded are not. designedl
to and wSill not permit monopoice or mo~nopolistic pra~c~tices.
(e) The amncsh~lltnent andl the Code as ame~ndled ar~e not des.igined
to and will not tllimiinate or opprem~ small e~nterprises and~ will niot
opera:te~ to dliscrmunnate frnneaw them.'ll
(f) Those~~ engap-sl~l in o~therl steps of the economic process hav\e
not b~een cleplrived~ of thfe right to be( hearnd prior to, app~l-rovl of saidl
;Iil'llll III' iltS.
Fior these Icnresn4; thcrlefore, w-e have approved\'c~ these ami~ii~entmets
For thre National Indu-ltria; l Re1~lcvery Boardl:
JA x c.iny 19, 1985.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE H~OUSEHOLD ICE REFRIGERATOR INDUSTRY
L2Aemnd ~Article III, Section 1, to read as follows:
1. No employee shall be permitted to work in excess of forty
hours in any one week or eight (8) hours in any twenty-four (24)
hour period, except as otherwise provided in this Article III.
AmLend _Article III, Section 1, by adding a new subsection (c), as
f 0110ws :
(c) In order to provide for peake production periods, plant and
factory employees may, during any eight (8) weeks in each, calendar
year, he permitted to wcork up to but not in excess of forty-eight (48)
hours in any week and eight (8) hours in any day, provided, howI-
ever, that such time worked in excess of forty (40) hours in any such
week by such employees, shall be paid for at not less than one and
one-half (11/2) times the normal rate of pay, and provided further
that this tolerance shall not be used if the peakz period requirements
can be met by- the employment of additional employees. All timze
workled~ beyond forty- hours per week shall be reported to the Code
~Authority- and to the Administration on request.
Amend Article I[II by adding a new Section 3, as follows:
(3) No employee shall be permitted to work. more than six day~s
in any wTeek, except for such emergency work as is covered by Section
2 of this Article.
Amend Article V7, Section 5, to read as follows:
No provision in this Code shall supersede anly State or Federal
L~aw which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or :insurance, or fire protec-
tion, than are imposed by this Code.
Amend Article V, Section 6, to read as follows:
(6) Employers shall not reclassifyT employees or duties of occupa-
tions performed by emp~loyees, or engage in any other subterfuge, so
as to defeat the purposes or provisions of the Act or of this Code.
Amnend Article Vr by addling a new Section 12, as follows:
(12) No employee shall be discharged, demoted or otherwise dis-
crimnate agi, yrao fmkn a complaint or giving evci-
de~nce wi~th respect, to aIn uIlle~ge violation of this Code.
Amend Afrticle VI, Section 3, to read as follows:
Subject to such rules and regulations as may be issued byr the
National In<10.-trial Pr~Re~cvry Board, the Code Ai~uthority shall have
the following powers and duties, in addition to those authorized by
o~therr provisions of this Code:
(a) To insure the execution of the provisions of this Code and to
provide for the compllialnce of the Industry with the provisions of
(b) TIo adopt by-laws and rules and regulations for its procedure.
(c) To obtain from memclbers of the Industry such information
and reports as are required for the adlministratioon of the Code.
(dt) To use such trndoe associations and other agencies as it deems
proper for the carry13ing out of any of its activities provided for
herein, provided that nothingf herein. shall relieve the Code Authrority
of its duties or responsibilities under this Code alnd that such trade
associations and agencies shall at all times be subject to and comply
with the pr~ovisions thereof.
(e) To make~c recommellllFnd ations to thet National. Industrial Recov-
e~ry Board for the coordination of the administration of this Code
and such other Codes, if any, as may be related to or affect members
of the Industry.
(f) Tlo provide appropriate facilities for arbitration between
memliberIs of the Industry and subject to the approval of thre National
Imbsltr'ial Recover~Iy B3oard, to prescribe rules of procedure and rules
to effect compliance with awards and determinations.
Ame~c nll Article VII, Section 10, by substitutinlg the word ~"pre-
scribe "' for the word provide."
ALmcnd Article VI[, Sc~rtion 11, to read as follows:
11. If the Natiolnal Industr~in1 TtRe\covry Bloard shall at any1g time
determine that anly nctioln of thle Cocde Author~ity or any agency
thnereof is unfair or unlrjust, or conlltrar~y to the public interest, the
Natiolnal Indlustrial Recove\ry Board may require that suc~h action
be suspended~c~ l to afford anl opportunity for ilnvesrtien~ti c~n of th~e merits
of such ac~tio~n and further considerations by such'f Codte A~uthority
or agen"'S Icy pening~ final action whlich shasll not be effective unless
the Natio~nal Indus~trin I Rcove\ry Board appro~ves or unless it shall
fail to dlisapprove~'c after (30) dayvs's notice to it of inltention to pro-
cced with suchl ac~tio~n in its original or mnod.ifiedl form.
Amend Article VII, Section 15, by changing the third word of
lime five from "C December to October ", the Section to read as
15. Selling on other than standard terms-Sttandard terms shall
require payment in cash within thirty (30) days from date of in-
voice. If desired, a discount of two percent (2%0) for cash within
ten (10) days from date of invoice may be extended. On all ship-
ments between October 1 and April 1 invoices may be dated April 1
and such invoices may be subject to the cash discount if paid by
April 10 and to anticipation discount of one half of one percent
(1/2 of 1%r) per month if paid before that time, or for payment for
an entire preceding month's invoices on or before the 10th of the
Amend Article VII by deleting Section 1_6 thereof, and by making
the changes in the numbers of all following Sections necessitated
by- such~ deletion.
Amend A4rtile VII, Section 19, by adding the following:
And in no case shall this provision be evaded or nullified by such
devices as the appointment of a member or connection of a buying
concern as salesman for a manufacturer so as to bring to the buyer
the salesman's commission as well as the buyer's discount, thus giv-
ing such. buyer a~n unfair advantage over other buyers of the same
Amend Article VI[I, by adding a new Section 20 as follows:
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or shihp-.
ments to export trade. Export trade shall be defined as inth
" Export At~ct adopted April 10, 1918.
Amend Article VIII, Sjection 1, to read as follows:
1. (a) Each member of the Industry shall file with a confidential
and disinterested agent of the Code Authority identified lists of all of
his prices, discounts, rebates, allowances, and all other terms or con-
ditions of sale, hereinafter in this AQrticle referred to as 'price terms ',
which list shall completely and accurately conform to and represent
the complete individual pricing practices of said member. Such lists
shall contain the price terms for all such standard products of the
Industry as are sold or offered for sale by said member and for such.
non-standard products of said member as shall be designated by the
Code! Authority. Price terms and revised price terms shall become
effective immediately upon receipt thereof by said agent. Immedi-
ately upon receipt thereof, said agent shall by telegraph or other
equally prompt means notify said member of the time of such receipt.
UNIVERSITY OF FLORIDA
6 3 1262 08853 8292
Such lists alnd revisions, tolS thrcl with the effective time ther~eof, shall
upon receipt be ini ediately1l and Inulltaneouslyll distributed to aUl
members of the Industry andt to all of their customers who have
applied therefore and have offered to defray the cost actually incurred
by the Code Authority in the prepar~ationl and distribution thereof,
and shall be ava~ilable fo~r inspection by any of their customers at the
office of suchn agent. Said lists or revisions or an~y partb thereof shall
not be made avacilab~le to any person until released to all members of
the Industry and their cus~tomlc.rs, as aforesaid. TChet~ Code Authority
shall maintain a permannent file of all price terms filedi as herein pro-
vided, and shall not de~tr~oy any part of such records except upon
written consent of the N1Jational Industrial Rlcovery Boarzd. Upon
request the Code~ Authorit~tiy shall furnish to the NSational Industrial
RecoveryJ Board, or any duly desigcnated~ agent of the National In-
dustrial Recovery Board, conpies of any such lists or revisions of price
(b) Whnen any member of the Industry has filed any revision, such
mlemlber shall not file a highrler price within fortyr-eight (418) hours.
(c) No member of the Indluitry3 shall sell or offer to sell any prod-
ucts/services of the Inmdustry, for which price term~s have been filed
purlsunnt to thie provisions of this Acrtile, except in accordance with
such price term~s.
(d) No member of the Industry shall alter intO 8117 Rgeemlent,
understanding, combination or conspiracy to fix or malintain price
terms, nor cause or attempt to ca ulse any membnlrer of the! Industry to
change his price terms by use of iltim~idatio~n, coercion, or any other
influence inconsistent withl the maninte~nance of the free and open
market which it is the purpose of this Article to create.
Am~nend Article IXY, Section 2, to read as follows:
Subject to such rules and regulations as many ber isisued by the
National Industrial Retcovery Board, t~he Code Aulthority shall have
the power and right to recommend to the National Indlustrial REe-
covery Board any action or measures deemed advisable, including
further fair trande pracnitice provisio~ns to gaovrern memllbers of the
Industry in their retlatio~ns with echl~ other or with other industries;
mneasures for ind~ustriail plarninm, and stab~ilization of employment;
and inc~ludinrw modlificnt~ions of this Code which shall become effective
as part here~of upon ap~provanl by the National Indlustrial Recovery
Board after such notice and heanrllng as it may speci fy.
App~rove~d Code Nor. 183-Amendmentcn No. 2.
R~egistrg ]No. 1328-1-01.