Code of fair competition for the pump manufacturing industry as approved on October 11, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the pump manufacturing industry as approved on October 11, 1933 by President Roosevelt
Portion of title:
Pump manufacturing industry
Physical Description:
iv, 8 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:
Pumping machinery -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1326-1-02."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004946233
oclc - 656530291
System ID:
AA00006855:00001

Full Text




Registry No. 1326--1---42


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NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITIONS~

FOR THE


PUMP MANUFACTURING


INDUSTRY


AS APPROVED ON OCTOBER 11, 1933
BT

PRESIDENT ROOSEVELT


0 OUR PART


1. Executive Order

2. Letter of Transmittal

1I 8. Code







II UNITED STATES
G OVERNMENT PRINTING OFFICE
WASIHINGTON : 1393


11a Isal by the Blapneratdent of Documents, WashlaglowD.C. - Prie 5 cents

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, WTashingrton, D.O., and by district offces of the Bureau of Foreign
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5041 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y'.: Chnmber of Commerce Building.
Charleston, S.C.:r Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Miich.: 2213 First National Bank Building.
Housto~n, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Cha7mber of Commerce Building.
Kansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles. Calif.: 1163 South Broadway.
Louisv~ille, Ky.: Rooml 405, 421 West Market Street.
Memphi8, Tenn.: 266 South Water Street.
Mlinneapolis, MIinn: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
N'ew Yo~rk, N.Y.: 734 Custombouse.
Norfolkr, Va.: 406 East Plume Street.
Philadelp~hia, Pa.: Room 812, 20 South Fifteenth Street.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mlo.: 506 Olive Street.
San Franrcisco, Calif.: 310 Custombouse.
Battle, Wash.: 1406 Vance Building.


(II)


















EXECUTIVE ORDER


CODE OF FAIR COMrPETITION FOR THE PUnr MABNUFACTURING INDUSTRY

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Recovery
Act, approved June 16, 1933, for my approval of a Code of Fair
Competition for the Pump Mlanufacturing Industry, and hearings
having been held thereon and the Administrator having rendered
his report containing an analysis of the said Code of Fair Competi-
tion, together with his recommendations and findings with respect
thereto, and the Administrator having found that the said Code of
Fair Competition complies in all respects with the pertinent pro-
visions of Title. I of said Act and that the requirements of clauses
(1) and (2) of subsection (a) of Section 3 of the said Act have been
met.
NOWT, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Tit~le I
of the National Industrial Recovery Act, approved June 16, 1938,
and otherwise, do adopt and approve the report, recommendations,
and findings of the Administrator and do order that the said Code
of Fair Competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
THE THITE HOUSE.,
October 11, 1933.
Approval recommended :
HUGH S. JoHNSON,
Ad ministrator.


1589008*-183-222---88



















THE PRESIDENT, OTBR9 98
The WFhite House, I'tashinlgton, D.O~.
Mr~ DEA R IR. PRESIDENT: I have the honor to submit and recom-
mend for your approval, the Code of F~air Competition for the
Pumlp M1anufacturing Industry.
The following documents are included or attached:
1. Executive Order.
2. Report of Deput~y Administrator.
3. Industrial Advisoryr Boatrd Approval.
4. Labor Advisory Board Approval.
5. Consumers' Advisory Boar~d Approval.
6. Legal Division Approval.
7. Research and Planning Approval.
8. Research and Planning Report (Statistical).
9. Original Letter of Transmittal from Industry.
10. Assent of Industry.
11. Notice of Hearing.
12. Authorization of Code Committee to act.
13. List of Witnesses.
14. Constitution and Bylaws of Association.
15. Transcript of Hearing.
An analysis of the provisions of the Code has been made by the
Adlminist~rator. I find that the Codte complies with the require-
ments of the National Industrial Recovery Act.
I am, my dear Mlr. President,
Very sincerely yours,
HuanH S. JoHNson,
Administrator.
(17)












CODE OF FAIR COMPETITION FOR THE PUMP-
MVANUJFACTURIN G INDUSTRY
ARTICLE I--FURPOSE
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a Code of
fair competition for the pump-manufacturing industry, and upon
approval by the President shall be the standard of fair competition
for this industry.
ARTIcL: II--DEFINITIONS

The term "L pump-manufacturing industry as used herein is de-
fined to mean the ma~nulfactulre for sale of pulmps, pumpijng equip-
ment, and/or parts thereof except as manufactured and sold solely
as an original or as a replacement part of the product of another
industry as now or hereafter organized, and except that there shall
not be included therein the manufacture for sale of hand pumps,
windmills, and domesf'ic water-supply systems and parts and ac-
cessories thereof. The term "L person as used herein shall include
but without limitation natural persons, partnerships, associations,
trusts, trustees, trustees in bankruptcy, receivers, and corporations.
The term employer as used herem shall include every person
actively engaged in the manufacture for sale of the products of the
pump-manufacturing industry as herein defined. The terml effec-
tive date as used herein is defined to be the eleventh day after this
code shall have been approved by thle President of the United States.
ARTICLE ~II-A PPLICANT

This code is presented by Hydraulic Institute, a trade association,
all the members of which are engaged in the manufacture for sale of
the prod ucts of the p ump-m anuf acturing i ndust ry as he rein defined
in association with Mlachinery and Allied Products Institute,o
which Hydraulic Institute is a constituent member.
An~ricLE IV--EMZPIDYENT

As required by Section 7 (a) of Title I of the National Industrial
Recovery Act, it is hereby provided:
"~(1) That employees shall have the right to organize and bargain
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 in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection; (2) that no
employee and no one seeking employment shall be required as a
condition of employment to join any company union or to refrain








from jolming, orgamizng, or assisting a Inbor organization of his
own choosing; and.(;3) that employers shall comply with the maxi-
mumn hours of labor, minimum rates of pay, and other conditions of
employment, approved or prescribed by the President."~ a
ARTICLE V -WAGES

(a) On and after the effective date no employer shall employ any
one under t~he age of 16 years; provided, however, that where a state
laws provides a higher minimum age., no person below the age
s~pecified by such state lawV shall be employed within that. state.
(b) On and after the effective date the minimum wage that shaUl
be paid by any employer to any unskilled employee engaged in the
prod auction of thle products of the pump-ma nufact during industry and
in labor operations directly incident thereto shall be 40 cents per
hour, unless the rate p~er hour for the same class of labor on July 15th,
1999, was less than 40 cents, in which case the rate per hour paid
shall not be less than the rate per hour paid on July 15ith, 1929, and
provided, that in no event shall the rate per hour paid be less than
35 cents, and provided also that learners (other than apprentices as
defined in paragraph (d) of this Article V) miay be paid not less
than 80 percent of such minimum wage, but the total number of
learners shall not exceed 5 percent of the total number of employees
covered by the provisions of this paragraph (b) and provided, fur-
ther, that after three months of work learners shall be paid not
less than the minimum wage herein provided.
(c) On and after the effective date the minimum wage that shall
be paid by any employer to all employees other than those engaged
in the production of the prod ucts of the pump-manufacturing indus-
try, and in labor operations directly incident thereto, shall be at
thle rate of $15 per week, whether calculated on an hourly, weekly,
monthly, piecework, or any other basis in accordance with the usual
custom of the employer, provided, however, that office boys or girls
may be paid not less than 80 percent of such minimum wage, but
the total number of such office boys or girls shall not exceed 5 per-
cent of the total number of employees covered by the provisions of
this paragraph (c).
(d) Nothing in this Article V 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.
(e) Not later than 90 days after the effective date each employer
in the pump-manu facturing industry shall report to the Adminis-
trator through the Supervising Agency, hereinafter provided for, the
action taken by such employer in adjusting the hourly wage rates for
all employees receiving more than the minimum rates provided in
paragraph (b) of this Article V, but receiving less than $35 per
week of regular work period.

ARTIrCLE VI--HOURs

On and after the effective date no employer shall employ any
employee except executives, administrative, supervisory, and tech-
nical employees and their respective staffs, who are paidi at their ra~e








of $35 or more per week, traveling sales and service employees, watch-
meni and firemen, in excess of 40 hours per week, provided, however,
that these limitations shall not apply to conditions of seasonal or
peak demand which create an unusual and temporary burden for
production or installation; in such special cases suc number of
hours may be worked as are required by the necessities of the situa-
tions shall not apply to employees on emergency, maintenance, or
calendar 6 months' period; and provided, further, that these limita-
tions shall not apply to employees on emergency, maintenance or
repair work, or to very special cases where restriction of hours of
highly skilled workers would unavoidably reduce or delay produc-
tion. HCxere in any cas~e an employee whose hours of work are herein
specified (other than salaried employees) shall work in excess of
8 hours per day at least time and one thirdl shall be paid for the
excess hours so worked.

ARTICLE VI II-ADM INISTRATION

Hydraulic Institute is hereby designated an agency for promoting
the performance of the provisions of this code by the members of
the pump-manufacturing industry; provided, however, that no in-
equitable restrictions upon membership in such Institute shall at
any time be imposed.
With a view to keeping the President of the United States and
the Administrator informed as to the observance or nronobservance
of this code, and as to whether the pu mp-man ufacturing industry is
taking appropriate steps t~o effectuate in all respects the declared
policy of the National Industrial Recovery Act, each emnployer shall,
when required by the Supervisory Aigency, prepare and file wvith
such person or organization as the Supervisory Agency may desiea-
nate, an earnings statement and balance sheet in a form prescribed
by thle Supervisor~y Agency. Each employer shall likewise prepare
and file with such person or organization as the Supervisory Agency
may designate and at such times and in such manner as may be
prescribed statistics of plant capacity, volume of production, volume
of sales in units and dollars, orders received, unfilled orders, stocks on
hand, inventory, both raw and finished, number of employees, wage
rates, employees earnings, hours of work, and such other data or mn-
formation as the Supervisory Agency may from time to time require.
In addition to information required to be submitted to the Super-
visory Agency, there shall be furnishled to Government agencies such
.. statistical information as the Administrator may deemn necessary for
the purposes recited in Section 3 (n) of the National Indlustrial
Recovery Act.
ARTICLE VTII--$UPERVISORY AGEh'CY

To administer and supervise and to facilitate the enforcement of
the provisions of this code, there shall be a committee of five mem-
bers connected with the pump-manufacturing industry called the
Supervisory Agency. The President or the Administrator may ap-
point not more than, three additional members without vote. The
committee shall be elected at a meeting of employers called im-








mediately after the approval by the President of this code and held
immediately prior to the effective date thereof. The meeting shall
be called by Hydraulic Institute and notice thereof shall be sent
byv telegraph and registered mail to all known manufacturers in the
pump-manufacturing industry. The notice shall specifically state
that voting at the meeting may be in person or by proxy. The
members of the committee shall be elected by a vote of the employers
peent in person or by proxy at such meeting, passed in two ways:
()one members by a majority vote of employers present in person
orbyV proxy as such, and (b) four members byr a 51% vote by em-
loyers present in person or by proxy, weighted on the basis of
one vote for each $50,000 of sales of products of the industry made
in the calendar year 1932, as reported to the Secretary of Hydraulic
Institute, but each employer shall have at least one vote. Members
of the C~ommittee to fill vacancies due to death or resignation or
because a member thereof has ceased to be connected with the in-
dust~ry, shall be elected at meetings of employers called by Hydraulic
Institute on at least ten (10) days' notice by registered mail sent
to all known manufacturers in the pump-manufacturing industry.
At such meetings the vote shall be taken in the manner hereinabove
described.
If formal complaint is made to Hydraulic Institute or to the
Supervisory Agency that the provisions of this code have beezi
violated by any' employer, the Supervisory Agency or the proper
supervisory committee hereinafter provided for shall make such
investigation as in its opinion is necessary.
~ArrxcLE IX-STBTnsII e

Except as otherwise provided in the National Industrial Recov-
ery Act. all statistics, data, and information filed in accordance with
thre provisions of Article VII shall be confidential, and the statistics,
data, and information of one employer shall not be revealed to any
other employer except that for the purpose of facilitating the ad-
mlinistratlon and enforcement of the provisions of this code, the
Supervisory Agency, by their duly authorized representatives, (who
shall not be in the employ of any employer affected by this code),
and the Administrat~or shall have access to any and all statistics,
data, and information that may be furnished in accordance with the
provisions of this code.
AnnICEr X--PAREICIPAHON

Any member of the pump-manufacturing industry is eligible
for membership in the Hydraulic Institute. Any employer shall be
entitled to vote on, and share in the benefits of the activities of
the Supervisory Agency, and may Participate in any endeavors of
Hydraulic Institute in the preparation of any revisions of, or addi-
tions or supplements to this code by accepting his proper pro rata
share of the reasonable cost of creating and administering it, as
determined by the Supervisory Agency.








AnarcraL XI AcconNTIwa aND COBTING

Every employer shall use an accounting system which conforms to
the principles of and is at least as detailed and complete as the uni-
form and standard method of accounting and t.he uniform and stand-
ard method of costing to be formulated or approved by the Super-
visory Agency, with such variations therefrom as may be required
by the individual conditions afecting any emplo~saye or group o
employers and as may be approved by the SprioyAec n
made supplements to said formulated or approved methods of
accounting and costing.
Ann~ex XYII-SxaLs BEroo C;ost

No employer shall sell or exchange any product of his manufac-
ture, at a price or upon terms or conditions that will result in the
customer paying for the goods received less than the cost to the
seller, determined in accordance with the uniform and standard
method of costing hereinabove prescribed, provided, however, (1)
that inventories which must be converted into cash to meet emer-
gency needs, dropped lines or seconds, may be disposed of in such
manner and on such terms and conditions as the proper supervisory
committee may approve and as are necessary to move such product
into buyers' hands and provided, further (2) that selling below cost
in order to meet existing competition on products of' equivalent de-
sign, character, quality, or specifications shall not be deemed a viola-
tion of this Article if provision therefore is made in supplemental
codes for any branch or subdivision of the industry, which may be
hereafter prepared and duly approved by the President.
ARTICLE X~III-PRICE LisTs

If the Supervisory Agency determines that in any branch or sub-
division of the pump-mlanufacturinlg industry it has been the gen-
erally i-ecognized practice to sell a specified product on the basis of
printed net price lists, or price lists with discount sheets and fixed
terms of sale and payment, each manufacturer of such product shall
within ten (10) days after notice of such determination file with the
Supervisory Agency a net price list or a price list and discount sheet,
as the case may be, individually prepared by him, showing his current
prices, or prices and discounts, and terms of sale and payment, and
the Supervisory Agency shall immediately send copies thereof to all
known manufacturers of such specified product. Revised price lists
and/r dscout seetsmaybe filed from time to time thereafter with
theo Sueriscoryt Agency b any manufacturer of such product, to
become elective upon the date specied therein, but such revised price
lists and/or discount sheets shall be filed with the Supervisory
Agency twenty (20) days in advance of the effective date, unless the
proper Supervisory Committee shall authorize a shorter period.
Copzbs of such revised price lists and/or discount sheets, with notice
of the elective date specified, shall be immediately sent to all known








manufacturers of such product, who thereupon may file, to become
effective upon t~he date w~hen the revised price list and/or, discount
sheet first filed shall go into effect, revisions of their price lists and/or
discount sheets establishing prices or prices and discounts not lower
than those established in the revised price lists and/or discount sheets
first filed.
If the Supervisory Agency shall determine that in any branch
or subdlivision of the pump-manufacturing industry not now selling
its product on the basis of price lists, with or without discount
sheets, with fixed terms of payment, the distribution or marketing
conditions in said~ branch or subdivision are the same as or similar
to the distribution or marketing conditions in a branch~or sub-
division of the industry where the use of price lists, with or without
discount sheets, is well recognized, and that a system of selling on
net price lists or price lists and discount sheets with fixed terms of
payment should be put into effect in such branch or subdivision,
each mlanufacturer of the product or products of such branch or
subdivision shall, within twenty (20) days after notice of such
determination, file with the Supervisory Agency net price lists or
price lists and discount sheets, containing fixed terms of payment,
showing his prices and discounts and terms of payment, and such
price lists and/'or discount sheets may be revised in the manner
hereinabove provided.
The Supervisory Agency shall have power on its own initiative or
on the complaint of any employer to investigate any price for any
product shown in any net price list or price list with discount sheet
filed with the Supervisory Agency by any employer, and, for the
purpose of the investigation thereof, to require such employer to
furnish such information concerning the cost of manufacturing and
selling such product as the Supervisory Agency shall deem necessary
or pope fo suh prpose. If the Supervisory Agency after suc
investigation shall dtrieta uhpiei nufi rc o
such product, having regard to the cost of manufacturing and selling
such product, and that t~he maintenance of such unfair price may
result in unfair competition in the industry and be contrary to the
spirit of the National Industrial Recovery Act, the Supervisory
Agency may require the employer that filed the list or discount sheet
in which such unfair price is shown to file a new list or discount
sheet showing a fair price for such product, which fair price shall
become effective immediately upon the filing of such list or discount
sheet. If such employer shall not within ten (10) days after notice
to it of such determination by the Supervisory Agency fil aot hew
list or discount sheet showing such fair pricefosuhrdctte
Supervisory Agency shall have power to fix a fair price for such
product, which fa~ir price, however, shall not be more than the price
of any other employer at that time effective for such product, and in
respect of which the Supervisory Agency shall not theretofore have
begun an investigation or a complaint shall not have been made b~y
any employer. When the decision of the Supervisory Agency fixing
such fair price shall have been filed with the Secretary of Hydrauhec
Institute and the Secretary shall have given notice thereof to such
employer, such fair price shall be the price for such employer for
such product until it shall have been changed as in this code provided.








No employer shall sell directly or indirectly by any means what-
soever, any product of the industry covered by the provisions of this
Article at a price lower or at discounts greater or on more favorable
terms of payment than those provided mn his current net price lists
or price lists and discount sheets. The operation of this Article XIII
shall at all times be subject to review by the AdminEistrator.
ARTICLE XZV--DISTRIBUTORs RESALES
No employer shall cooperate in the violation of this code by selling
to or through any distributor who does not agree to resell only in
accordance with the provisions of this code. This Article shall be in
effect until the approval by the President of a code for such
distributor.
ARTICLE XV-ExroaR SALEB

The~ provisions of this code concerning sales shall not apply to
direct export sales of any product, or to sales of any product destined
ultimately for export, or to sales of parts used in the manufacture
of products for export. The term "' export shall include shipments
to foreign countries and to the territories and possessions of the
United States.

ARTICLE X VI INDUSTRY Gnours

Aggregations of employers having a common interest and com-
mon problems will be grouped by Hydraulic Institute for adminis-
trat~ive purposes in various subdivisions or product classifications and
report of such grouping made to the Administrator. In each subdivi-
sion or product classification there will be a supervisory committee
appointed by the Supervisory Agency and report thereof made to
the Administrator.

.ARTICLE XVII-STAve~s PRIOR TO EFFECTIVE DATE

Prior to its approval by the President, applicant may at any time
change or modifyr any provision of this code (excrept those provisions
reqmred by Sectiohs 7 (a) and 10 (b) of the Act), or may withdraw
this code.
The-applicant will not be deemed to have consented to any change
or medication of this code which may be affected by' the Presidentb's
order of approval, unless such change or modification is submitted
to the'applicant and consented to by the applicant.
ARTICLE XYVIII--RIGHTS OF PRESIDENT

The President may from time to time cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the
Natioital Industrial Recovery Act.
ARTICLE XIX AMbENDblENTS AND ADDITIONS

Such. iof th'e provisiolns- of this code as are not' requiiribd by the Na-
tmP I~ndustral Recovery Ad~t to be included herein may, with the




UNIVERSITY OF FLORIDA

8 3 1262 08853 8581 .

approval of th~e President of the Unit~ed States, he modified or elimi-
nated as changed circumstances or experience may indicate. This
code is intended to be a basic code, and study of the trade practices
of the pump-manufacturing industry will be continued by the Execu-
tive Cocmmittee of Hydr~aulic Institute with the intention of sub-
mitting, from time to time, to the Administrator for approval
additions to, or revisions of this code applicable to all employers in
the pumnp-manufacturing industry and supplemental codes applicable
to one or more branches or subdivisions or product classications of
the pump-manufact during industry, such supplemental codes how-
ever, to conform to and b~e consistent with the provisions of this code
as nowv constituted or hereafter changed.
ARTICLE XXIL-SEGREGATION OF INDUSTRY

If any employer of labor in the pump-manufacturing industry is
also an employer of labor in any9 other industry, the pr~~~~ovibsions o
this code shall apply to and afetonly that part of hsbsns
which is included in the pump-manufacturing industry.

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