Amendment to code of fair competition for the commercial refrigerator industry as approved on August 31, 1934

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Material Information

Title:
Amendment to code of fair competition for the commercial refrigerator industry as approved on August 31, 1934
Portion of title:
Commercial refrigerator industry
Physical Description:
5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Refrigeration and refrigerating machinery -- 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. 1328-02."
General Note:
"Approved Code No. 181--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942833
oclc - 655247476
System ID:
AA00006725:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



AM/IENDMgENT TO
CODE OF FAIR~ COMPETITION
FOR THE

COlyMMERCI AL RIEFRI GERATO R

INDUSTRY


umIV. oF FL LIB.




U-.':. ..'EPOSTORY~ j~


For sale by the Superintendent of Documents, Washington, D).C. Price 5 cents


p Approved Code No. 181--Amemiment No. 1


Registry No. 1328--02


AS APPROVED ON AUGUST 31, 1934


UNITED, STATES i
GOVERNMENT PRINTINrG OFFICE
WASHINGTON: 1934



























This publication is for sale by the Superintendent of D~ocumuents, Government-
Printing Office, Washi: Igtonn D.C'., and by district oflices of the Bureau of F~oreign
and Domestic Commllere,

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCIAL

Atlanta, Ga.: 504 Post Office Building.
Birmlinghlam, Ala.: 257 Fedterasl Building.
Boston, Maess.: 1801 Customhouse.
Buffalo, N.Y.: Chamuber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706G, 201 N\orth Wells Strefet.
Clev-eland, Ohio: Chamber of Commerce.
Dallas, T'ex.: C'hambelt~r of Commerce Building.
D~etroit, Mlich.: 801 First IiNational Bank Bu~ildling,
Hiouston, Tex.: Ch'lamber~l of Coullneree Building.
Indianlapolis, Inld.: C'hamber of Commer~cle~ Building.
Jacklsonville, Fla.: Chamber of Commrerce Buuilding.
Kansas City, M\o.: 100R7 Baltimore Avenue.
Los Allcteb,. Calif.: 1163 South B3roa~d\way.
~Louisv~ille, Kiy.: 408 Federal Buibrliner.
M~emp~his, Tennl.: 229 FIer k-ru~l Buiblling~.
Mlinneap-olis, M~inn.: 213 Federal B3uibling.
NVew Or'leans, La.: Room f225,-A. Custombhouse.
N'ew Yorki. N.IY.: 784- Customlhouse.
Nuorfolk;, Van.: -lill Tast~ Plumle Street.
Philadelphria, Pa.: Ill2 Commersl'cin1l Trust PRuibling.~
P'irttaur1::h, Pa.: Chamben~lr of Comimerce Bulild~in;.
Portland, Oregr.: 215 Necw Post ( Mlike ruiblingb.
St. L~ouie, Mlo.: Go '~ Olive Street.
San F~lliromil, Calif.: 310 Custombonuse.
Seattle, wVash.: MSll IeleralTn Orti.-e Building.














Approved Code No. 181-Almnmendet No. 1


A1MENIDIMENT TO CODK~ OF FAIR COMPETITION
FOR THEI

COMM/EIRCHIA RWEFR~IGEReAT`ORE INDUSTRY

As Approved on August 31, 1934


ORDER

APPROVING ]MODIFICATIONS OF CODE OF IjAIRZ COMPETITION FOR TCEI
CO~MM[ERGIAL REFRIGERATOR INDUl~STRY
An application having been duly made pursuant to and in full
compliance with the provisions of T~itle I o~f the National Industrial
Recovery Act, approved June 16i, 1933, for approval of modifications
.to a Code of F'air Competition for the Commercial Rtefrigerator In-
dustry, and hearings having been duly held thereon and the annexed
report on said modifications,, containing findlings with respect thereto,
having been made and directed to th~e 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 65i43-A dated December 30,
1933, and otherwise, do hereby- incorporate by reference, said an-
nexed report and do find that said modifications and the Code as
constituted after being modified complyialrepcswhth
pertinent provisions and will promote the poicy and repurposes of t
said T'itle of said Act, and do hereby order that said modifications
be and they are hereby approved, and that the previous approval of
said Code is hereby modified to include an. approval of said Code in
its enltir~ety as modified, such approval and such modifications to
take effect fifteen (15) days from the date hereof, unless good cause
t~o the contrary is shnown to the Administrator before that time and
the -Administrator issues a subsequent order to that effect.
HUGHI S. JOHNSON',
Admzinistrator for I~ndustrial Recovery.
Approval recommended:
BA8RToN W~. MUJRRAY,
Div~i.iona A~dm~ini strator.
WASHINGTON, D.C.,
August 31', 1934.
83869 *-118 1 2---34 (1)













R1EPOR1T TO THIE PRESIDENT


T'he PRESIDENT,
The White House.
SmR: This is a report on M~iodificattions of the approved Code of
Fair Compejtitio~n for the Commercial Refrigerator Indlustry. A
public hearing was duly held thereon in W~ashington, D.C., on
M1ay 15, 1934 in accordance with th~e provisions of the National
Industrial Recovery Act.
T'he Assistant D~eputy Adiministrator in his final report, to mze on
the modification of the Code of Fiair Competition. for the Com-
mercial Refrigerator Industry having found as herein set forth
and on the bas~is of all the proceedings mn this matter:
I find that:
(a) M~iodifications, numbers 2, 3, 4, 6, 8 and numbers 10 to 13
incluxsive, to said Code and the Code as modified are well designed
to promote the policies and purposels of Title I: of the National
Indutril Rcovry At icluingthe removal of obstruct ions to
the free flow of inter~state andorincmecwhhtndo
diminlish the amount thereof, and will provide for the general wel-
fare by p~romorting the organization of indlusitry for the purpose of
c~oope'rative action amonlng trade groups, by indullc~ingL and~ maintain-
ing united action of labor alnd mnagn~e mentl under .aderqute govecrn-
mec'lntl Sanllanicl and slperv'isionl, by eljrirnmnatm unfair ccomnpeti-
tive pranctimsl~-, by In-em~noting the fullest poss~ib~le utiizatio.n of the
p''~ruent prodluctiv~e (:upacityr of iwllustries;, by avo~idring undlue re-
str~iction of production exceptt as mnay be temlporlarily requ~ir~ed)i
byl increasing the consumption of in Ju slt riall ad grculua
products through .irwrensing~ purchasingirl powe,n~ by redulcing aind
relievingr unemployment, by improving stalcndardls of 1;labr, and1 by
ot hcrw\\ie rehazbilitatingf industry.
(b) The Codle as modcifiedl comlplies in all res~pects w~ith the per-
tinen~rt p~rovisions of said Title, of said Act, includ~ing~ writhtout hlmi-
tationt Subsection (a) of Section 3, Rlubsc~ction (a) of Section 7 and
Sllhcwctioln (b) of Secti~on 10 thereof.
(c) Thte modifications and. the Code as mod~lifiedl are not desigined2
to aInd will not permit monopolies or monlopolistic prn~t~i~ce.
(dl) Thie mod~lifications~- and the Code as modlifiedl are not designed
to andt will not crliminate or opp~r~Ss small enlterlpr~ises and;J will
not opern';'e to dliscim~iinute against tl('ll.
(e) Those engurac~l in other steps of thet econninl~i( prol~cessa have
not been dleprived~t of the right to be he~r~d prior to azpprlovnl of
8811 mnorteriention.
Sa~:id mlodifil';tionsl are a~c~Ccordingly tpprorTved.
Howll S. JouI~csStx
A Jml~ inis tracl or.













AMENDMENT TO CODE OF FAS~IR COMPETITIONi FOR
TH3E COMMNERCIAL REFRIGERATOR INDUSTRY

Amendments nos. 2, 3, 4, 6, 8 and nos. 10 to 1i3, inclusive:
B mend Sec~tion 2 of Article II to read as follows:
SECTION 2. The term Commercial Refrigerator or product of
the industry as used herein is defined to mean and include any
insulated room, box, chest, cabinet, display case or counter (but
not part of the fixed construction) equipped with or for any form
of refrigeration or equipment wTithi or for any type of refrigeration
unit or agent for storage and/or display of perishable food or other
products under refrigeration, in meat markets, grocery and delica-
tessen stores, ~florists' shops, hotels, restaurants, clubs, institutions,
and such similar esttablishments where such food or other products
aHre retained or stored for th~e purpose of sale or service, except
that beve~rage coolers and electric or gas ice cream. cabinets are not
included as products of this industry and further provided, that
household re rigerators when manufactured and sold by a member
< f this industry for commercial use are also not included as a product
of this industryy"

Amend Sectiorn 6i of Article IV to read as follows:
SECTION 6j. Evuasion through Reemployment.-NMo employee now
employed at a rate in excess of the minimum shall be d~islh lcharge
andi reemnployed or replaced by another at a lower rate for the pur-
pose of evading ther provisions of? this Code."


A4dd to Article V the following:
'" Sacnrow 8. Operations performed by Mrembers.-Aill members of
the Indlustry shall comply with all provisions relating to hours in
thlis Code, in the ]performance by then, him or her of manual labor
operations."


Omit "L Section 8 of Article VTI."~ Renumber originalt Sections 9
and 10 to read Sectionls 8 and 9 rcsp~ec~tivecly and add to ACrticle, VI
subparagraph (i) of Section 9 and new Sections 10 and 11 as
follows:
(i) ICt being found nrecessary, in order to support the admlinistran-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policyT of the Act, the
Code Authority is authorized:
(aza) To incur~such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligatioons out









of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of th~e Code;
(bb) To submit to the Administrator for his approval, subject to
suchn notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expcnties f~or thie foregoing
purpo':ser, and (2) an eqcuitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry;
(cc) After such budget and basis of contributions have been ap-
proved by thne Admrinistrator, to detcIrmine and o~btain equitable con-~
tributions as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name.
L E" S`erzN 10. Each member of the industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the ~Administrator.
Only members of the industry complying with the Code and con-
tributing to the expenses of its administration as hlerein provided,
unless duly exe~mpted fromr making such contributions, shall be en-
titled to participate in the selection of members of the Code Author-
ity or to receive the benefits of any of its voluntary activities, or to
make use of any emblem or insignia of the National Recovery
Administrationon'
SECTION 11. TIhe Code ~Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approved budget; and shall in no event exceed the tota amount
contained in the approved budget except upon approval of the ALd-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in. excess of prior budget estimates except
those which the Admiistrator shall have so approved."


Add to Article VTII the followings:
RULE 17. N~o member of the industry shall combine qulotations,
contracts, invoices or rec~eip~ts for any product of thte! ind~ustryv wTith
any quotation, contract, invoice or receipt for any other material,
labor or service for thre purpose and wFith the intent or etfect of con-
cealing; th~e true selling price of the product of the~ industryy.'
10.

Add to Article VIII the following:
*SEC.TION 8. Any colntralct for the sale or transfer of any product
of t~he indlustry wFhich does~ noct. provide for palymnent inl full wtithin
ninety (90) daysv atfter the an insitallmnent transaction, and hall be subllject. to all rulIes or pr.o-
vis;ions gtover~ning~ instatllrlmen .ales cocntaine~d in this Codelr.)"
X11
Annedl~l Secrtion 1 of Atrticle~ VIII by deleting thle w-or~ "Ccon-
sumer "I in. the ninth (9th) linec. pae 453; of thle Co(lle~. Tpra
ical err~lor in Originasl draft of C'ode.)











Amend Section 7 (b) of Article VIII: to read:
'" Cash amounting to at least twenty percent (20%~) of the net
sales price to be paid on or prior to delivery to t~he purchlaser."


Amend Section "7 (c) of Article VIII to read:
"' Balance duxe on any contract of sale to be paid in not more than
t wenty-four (24) months from date of shlipmenlt."
Approved Code No. 181--ABmendme~nt No. 1.
Reb':stry' No. 1828--02.

O




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