Proposed code of fair competition for the motor fire apparatus industry as submitted on August 29, 1933

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Material Information

Title:
Proposed code of fair competition for the motor fire apparatus industry as submitted on August 29, 1933
Portion of title:
Motor fire apparatus industry
Physical Description:
9 p. : ; 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:
Fire fighting equipment 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. 1314-02."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004946238
oclc - 656530323
System ID:
AA00006854:00001

Full Text


Registry No. 1314--02


NATIONAL RECOVERY ADMINISTRATION




PROPOSED CODE OF FAIR COMPETITION

FOR THE


MOTOR FIRE APPARATUS


UNIV. OF FL LIB.
DOCUMENS DE PT.wr oa

Irl1'


U.S. D)EPO91TORY


Ebr sale bry the Superintendent of Documents. Washington, D.O.--- Price 5 cents i


.. PII


The Code for the Motor Fire Apparatus Industry
in~its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry


,


UNITED STATES
GOVERNMENT PREIN~TNG OFFICE


I


f II


WASHINGTON :1933


INDUSTRY

AS SUBMITTED ON AUGUST 29, 1933







dent in his discretion deems necessary to effectuate the policy declared
in said Act.
(4) That the employees shall have t~he right to organize and bar-
ga~in collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives or
in self-organization or mn other concerted activities for the purposeof
collective bargaining or other mutual aid or protection.
(5r That no employee and no one seeking employment shall be
required as a condition of employment to join any company umion
or to reframn from jommig, orgamizmgy or assisting a labor orgamiza-
tion of his own choosing.
(6) That employers shall comply wcit~h the maximum hours of
latbor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
(7i) Tha.t it is clearly understood that nothing in this Code shall
impair in anly particular the Constitutional rights of the: employer
to protect hais business and property from the unlaw-ful activities of
others.
(8:) Nothing in this Code is to impair the Constitutional rights of
employers to freedom in the selection, retention, and advancement of
em ployees.
(9) That the President may from time to time cancel or modifyv
any order, approval, license, rule, or regulation issued under Title I
of t~he National Industrial Recovery Act.

TITILE 3--THE 110TOR FIRE APPARATUS R1ANUFACTURERS
ASSOCIATION

5. From the date of the approval of this Code by the President
The Constitution and Bylaws of said Association shall be in the
form hereto attached as Schedule II, and the parties to this Code
who are members of said Association agree to take all action-neces-
sary to make said Constitution and Bylaws effective in the form of
Schedule II immediately upon the approval of this Code by the
President.
6. The Association is hereby constituted the agency for collecting
statistical data as to costs, production, sales and all other matters
affecting the industry as to which the Government may require
information and the manufacturers engaged in the industry shall
furnish such information and make such reports to the Association as
may b~e necessary in order to enable the Association to collect and
furnish to the Government the information required under the terms
of the National Industrial RecoveryT Act. The manufacturers shall
keep their accounts in such form.as may be necessary to~ enarble thlem
to furnish information desired by the Government.
'IITLE 4--PROTECTION OF EMrtoYEES AND OF THE PUBLIC INTEIREST
7. The Association, acting through its Boar~d of Directors, and/or
agents duly appointed, shall proceed with due diligence to gather from
members of the industry information as to cost of production, accounts
mng systems, wages, working hours and other relevant data for the
purpose of preparing and submittiP to the President for atpprOpu8l an








agreement between members of t~he industry which ivill- adequat~ely
protect -employees, consumers, competitors, members of the trade,
and others, in furtherance of the public interest as cont~emplated by
Title I, Section 4, of the National Industrial Recovery Act..
A. W~ageg. (1). Not to pay a~ny factory or mechanical worker or
artisarx less than 43 cents per hour in cities having 500,000 population
ot.over, and 41'h cents per hour in cities having 250,000 and less than
'500,000. And 40 cents per hour in cities or towns having less than
250,000 population.
(2)' Not to pay any accounting, clerical office, service, or sales
employee less than $15.00 per week in any city of over 500,000 popu-
lation, or i~n t~he immediate trade area of such city; nor less than
$1.4.50 per week in any city of between 250,000 and 500,000 popula-
tion, or in the immediate trade area of such city; nor less than $14.00
per week in any city of between 2,500 and 250,000 population, or in
the immediate trade area of such city; and in towns of less than 2,500
population to increase all wages by not less than 20 percent, provided
that this shall not require wages in excess of $12.00 per week.
(3) In the respective localities above mentioned no male or fema.16
factory employee over 16 and less than 21 years of age shall receive
not in excess of 5 cents per hour less than the rates prescribed in
paragraph (1). In the event any manufacturer were paying less than
the foregoing hourly rates on July 5 99 uhlte ae hl
apply except, that in no event shall the99,sc lte rate b es hn3 cts per
hour.
(4) No manufacturer shall pay superannuated employees and/oi
pensioners a rate in excess of 70%0 of the rates prescribed in paraar'aph
(1) and in no case shall this class of employee at any time constitilth
more than 10%/ of the total number of employees.
~(5'). No manufacturer shall employ any person under 16 years -of
age.
B. Hours of La~bor.--(1) No manufacturer shall employ amy factory
or mechanical worker or a.rtisan more than a maximum week o'f 36
hours .
(2) No manufacturer shall employ any accounting, clerical, office,
service, or sales employees, except outside salesmen and employees
in a managerial or executive capacity, who now receive more than
$35.00 per week more than a maximum week of 40 hours.
(3) No manufacturer shall be required to change its present hourS
of labor of engineers, firemen, watchmen, maintenance men, and
janitors.
TITLE 5--CODE OF ETales

8. The Code of Ethics attached hereto as Schedule III shall con-
stitute a Code of Ethics for the 1\lotor Fire Apparatus Industry. The
parties hereto agree that they will not engage in any practice con-
demned or prohibited in said Code of Ethics or therein designated as
an unfair trade practice. The Code of Ethics shall constitute an
integral part of this Code of Fair Clompet~ition.
9. Subject to rules and regulations made by the President, th~is
Code of Ethics may be amended, repealed, or altered in whole or in
part, by a majority of the votes of any meeting of the Association
at which a quorum is present, provided the proposed change is sub-







mitted by mail to the last recorded address of each member at least
thirty (30) days before the time of the meeting which is to consider
the change.
TITLE 6-MhERCHANDIBING PLAN
10. The parties hereto establish a uniform M'erchandising Plan for
the members of the industry, in the form hereto attached as Schedule
IV, and they.agree that the said Plan incorporates the merchandising
policies best calculated to promote fair competition in the industry.
The said parties further agree to adhere to the provisions of the said
Merchandising Plan in marketing all products which are subject to
the terms of this Code as defined in Schedule I.
11. Subject to rules and regulations made by the President of the
United Sta~tes and in order to meet changing conditions the industry
Merchandising Plan hereto attached as Schedule IV may be amended,
repealed, or altered, in whole or in part, by a majority of the votes
of any meeting of the Association at which a quorum is present,
provided the proposed change is submitted by mail to the last re-
corded address of each member at least thirty (30) days before the
time of the meeting which is to consider the change.

TITLE 7--FUBLICITY OF PRICES
12. When this Code has been approved by the President, every
manufacturer who is subject to the provisions of the Code shall
forthw~ith file in the office of the Secretary of the Association for
immediate distribution to all said manufacturers a complete schedule
of his prices and terms of sale then in effect on all motor fire apparatus
as defined in Schedule I. These prices shall be furnished by each
member in suffcient quantities to distribute to all members of the
Association within ten (10) days after the approval of the President.
13. All such price lists shall be open to inspection at the office of
the Secretary; of the Association by all members of the Association.
Upon the request of any nonmember of the Association for informa-
tion as to prices or terms of sale applicable to any member of the
Association, the Secretary shall furnish copies of such relevant price
lists to such applicant. The charge therefore, if any, made by the
Association shall not exrceed the actual cost of copies furnished a.nd
postage.
14. The fundamental purpose of the publicity requirements of this
Code is to insure complete publicity of prices and all terms of sale of
manufacturers, and t~he parties hereto a.gree that they will not sell
at an time or to any person, except upon terms then published
and in effect. The parties hereto shall have the right individually
to publish new price lists and terms of sale from time to time not in-
consistent w'ith the provision of this Code.
15. In the event of any manufacturer desiring to make a change in
price or other terms of sale, he shall give the Secretary thirty (30)
dayvs notice of such change which shall immeediateely be sent by the
Secretaryr to all other manufacturers of t.he industry. Other manu-
facturers shall have the right to change their prices, change to become
effective at same time as first applicant.
16. The price publicityr herein prescribed shall apply to prices and
other terms of sale of all products described in Schedule I hereto
attached.







TITLE 8 -EINFORCEMENT OF THE CODE

17. The Board of Directors of the Association shall designate an
agent or agents to investigate complaints of violations of this Code.
The members of the Association shall facilitate such investigations by
opening their correspondence, books, and accounts for examination
by the authorized representatives of the Association and by furnish-
ing relevant information. In the event of any willful violation being
disclosed the Board of Directors may present evidence thereof to t~he
proper department, agency, or judicial branch of the Government.
The foregoing Code of Fair Competition ha.s been agreed to and
adopted by the members of the M~otor Fire Apparatus Association.
MOoro FIRE APPARATUS MANUFACTURERs ASSOCIATION,
By: CHARLES H. FOX, PrT&&{ Rf.




























ScHEDULE I

MOTOR FIRE APPARATUS MANUFACTURERS ASSOCIATION
Motor fire apparatus is defined for the purpose of the Code of Fair Competition
to include the following products:
1. Pumping engines, aerial trucks, water towers, hook and ladder trucks,
service trucks, chemical engines, hose cars, salvage cars, squad cars, all other
motor-propelled vehicles and equipment for same used for ire-protection purposes,
and service parts for same.
2. The application of the Code of Fair Competition to the products enumerated
in this schedule shall be defined as follows:
(a) Nothing contained in this Code of Fair Competition shall be construed as
prohibiting any Imember of the industry from exercising all its and/or their lawful
patent rights or as requiring any member of the industry to do any act in conflict
with the terms of a patent licensing agreement legally binding upon such member.
(b) The products listed in paragraph I shall be subject to all the provisions of
the Code of Fair Competition and schedules except as limited by subparagraph
(a) hereof.
(6)












SCHEDULE ~III


CODE OF ETHICS OF THE MOTOR FIRE APPARATUS INDUSTRY

1. EMPLOYERS

(a) Enticing employees from competitors.-Maliciously enticing an employee
or employees of competitors with the intent of unduly hampering, injuring, or
embarrassing a competitor or competitors in the conduct of their business is an
unfair trade practice.
2. MERcHA~NDIsE

(a) Allisrepresentation.-Misrepresentation as to the quality, weight, or per-
formance of any product sold or offered for sale by any manufacturer is an unfrir
trade practice.
(b) Demonstrators.--No manufacturer shall reduce the price of a new apparatus
under the guise that it is a demonstrator.
1. All demonstrators now in stock at branches or factory or in the hands of
salesmen shall be registered with the Secretary. A proper description listing the
capacity, type, and serial or factory number shall be given. The Secretary shall
provide the members with the list in question.
2. Repossessed new and unused cars shall also be registered with the Secretary
showing from what city repossessed.
3. WThen such apparatus is sold the Secretary shall be notified to whom sold and
at what price.
4. No further apparatus shall be built for demonstrations.
5. Demonstrations at the factory or established branches shall not come within'
the meaning of the above paragrap~~~ h. austrra etbihdpie o
6. New show cars must besodtthmnuctrrseabiedpcsfr
new cars.
(c) Obsolete goods.-The Board of Directors shall appoint a committee to[
consider the manner of disposing of any goods coming under this heading upon
request by any member of the Association.
3. INVOICING

(a) Fictitious Invloices.-Fictitious invoicing of merchandise is an unfair trade
practice. No manufacturer shall invoice any customers for products other than
those actually shipped against the invoice, nor at a price other than that which
shall be paid by the customer. One intent of this paragraph is to prevent
rebating.
(b) Omission of Data.--Any items pertaining to the sale omitted from the
invoice shall be considered an unfair trade practice.
(c) Unauthorized Deduction~s.-Permitting a customer to make any deductions
from the invoice not covered by the terms of sale in making his remittance shall
be considered an unfair trade practice.
(d) Interest Allowlance.--No manufacturer shall waive interest on delayed cash
payments or allow a period of grace between date of acceptance and date interest
begins on deferred payments.
(e) Free Goods or Extras.--No manufacturer shall ship or in any way deliver
free goods of any kind to any customer. This does not refer to replacements
due to defective material or inferior workmanship.
(f) Subnormal Prices.--No manufacturer shall subnormally price any products
manufactured and/or sold by him, whether or not included under the Motor
Fire Apparatus Merchandising Plan, for the purpose of influencing the sale of
Motor Fire Apparatus.
4. ADVERTISING

(a) Allierepresentation.-Advrertisements, statements, or inferences which
directly or indirectly reflect falsely upon the merchandise, policies, or financial
standing of any competitor or which are detrimental to the best interests and
welfare of the industry are unfair trade practices.








5. SUBesIDIES

(a) .Lavish Entertainment.-M manufacturers shall not encourage nor permit
Tavish entertainment of a customer by their employees.
(b) Exeassive Allowance and Adjustments.--No manufacturer shall make any
allowance to a customer for alleged defective merchandise, alleged shortages, or
for adjusting alleged complaints of any kind.
(c) Gra ntin g Excessive C~redit.-M11anuf acturers aball not offer or extend to
customers unusual volume of credit as an inducement to place business with
manufacturers. Malrnufacturers shall charge and collect not less than 6%'
interest, except in those States where the legal interest rate is less than 6%0, and
in such St~ates the legal rate shall apply.
(d) Extlended Terms.--No manufacturer shaHl grant a customer terms of an
extended nature other than those regularly published by the manufacturer.

6. CUTTHROAT COMPETITION

Selling goods below manufacturers own cost, including distribution and general
administrative cost, is an unfair trade practice.
7. SUNDRIES

(a) Breakinag Contracts.--The inducing or assisting of breaking a contract or
setting aside of an official award is considered an unfair trade practice.
(b) Trade-Ina.--No trade-in allowance shall be made in excess of the standard
se~t by the Association based on the age and type of equipment. Old apparatus
taken in trade must be removed from customers' premises. In event of resale to
same customer, it shall not be sold at less than the amount allowed on purchase
of new equipment.
(c) Uniform Cost B~ais.--Members of the Industry shall use a uniform cost
accounting system to be drawn up by the Assoeiation; such system to be adapted
to the various classifications of the Industry.
(d) General.--No practice or subterfuge contrary to the spirit of this Code of
Ethics or to the Merchandising Plan shall be indulged in by any employee of any
manufacturer.













SCHEDULE IV


MERCHANDISING PLAN OF THE MOTOR FIRE APPARATUS IMANU-
FACTURERS ASSOCIATION
A. Products.--The following products are subject to all of the provisions of this
Merchandising Plan:
1. All pumping engines.
2. All types of chemical cars.
3. All types of hook and ladder trucks.
4. All types of serial trucks.
5. All types of water towers.
6. All types of hose and squad cars.
7. All types of service trucks.
8. All other types of motor-propelled vehicles used for fire-protection service.
B. Territory.-This Merchandising Plan applies on sales for shipment from
manufacturers' factories, warehouses and branches into all territory within the
United States.
C. Classes of Buyers.--The following are the principal classes of buyers in this
industry:
1. Municipalities.
2. Volunteer fire companies.
3. Industrial concerns.
4. City, State, and County Governments and political subdivisions of same.
5. U.S. Government.
D. Prices.--Prices shall be established as determined individually by each
manufacturer.
E. Terms.--Terms shall be as determined individually by each manufacturer.
However, the down payment in each case shall be not less than 33}Q/, of the pur-
chase price and deferred payments shall not extend beyond a period of two years.
F. Discounts.-1l. Quantity Discounts:
The maximum for quantity discounts shall be as follows: 2%o for 2 pieces,
3%0 for 3 pieces, 4 %/ for 4 pieces, 5%0 for 5 pieces, 6%7 for 6 pieces, 7%/ for 7 pieces,
8% for 8 pieces, 9%0 for 9 pieces, 10%j for 10 or more pieces.
2. Cash Discounts:
A maximum discount of 5%o may be allowed for cash sales, providing payment
is made within thirty days from date of invoice.
G. Standard equipment specification.--The Board of Directors shall appoint a
committee for the purpose of recommending what constitutes standard equip-
ment. These recommendations will then be presented to the members of the
association for approval and adoption.
H. Order and contract forms.-The Board of Directors shall appoint a com-
mittee for the purpose of drafting standard contract forms which will be pre-
sented to the members of the association for approval and adoption.
Uniform contract forms shall be used by each manufacturer in the industry.
(0)











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