Code of fair competition for the gasoline pump manufacturing industry as approved on September 18, 1933 by President Roo...

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Material Information

Title:
Code of fair competition for the gasoline pump manufacturing industry as approved on September 18, 1933 by President Roosevelt
Portion of title:
Gasoline pump manufacturing industry
Physical Description:
vi, 7 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:
Gasoline pump industry -- 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. 1326-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004946229
oclc - 656550778
System ID:
AA00006857:00001

Full Text






















































I I
WIor sal by the Superintendent of Doc~uments WashingonD.C. - Price 5 conta


Registry No. 1326--01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


GASOLINE PUM/P

MANUFACTURING INDUSTRY

AS APPROVED ON SEPTEMBER 18, 1933
BT
PRESIDENT ROOSEVELT


I ii


1. Executive Order of President Roosevelt
2. Report of Administrator
8. Report of Deputy Administrator
4. Text of Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933
















EXCECUTIV'E ORDER


CODE OF FABIR COMPETITION FOR GASOLINE PIUMP RIANUFACTURING
INDUSTRY

An application having been duly made, pursuant to and in full
compliance withi the provisions of title I of the National Industrial
Recovery Act, approved June 16i, 1933, for mny approval of a Code
of Fair Comnpetition for the G;asoline Pump Mannufacturing In-
dustry, and hearings having been held thereon and the Administrator
having rendered his report containing an unalysis of the said Code
of Fair Competition together with his recommendations and~ findings
w~ith respect thereto, and the Administrator having found that the
said Code of Fair ~Competition complies in all respects wit~h the
pertinent provisions 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:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of thie
United States, pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of t~he Administrator and do order that the said Code of
Fair Competition be and is hereby approved, subject to the followf-

(1) ~nTlo efetuae further the policies of the act, a gasoline pump
manufacturing industry committee be created to cooperate with the
Administrator as a Planning and Fair Practice Agency for the Gaso-
line Pump Alanufacturing Industry, wFhich committee shall consist
of five representatives of the gasoline pump manufacturing industry
elected by a fair method of selection, to be approved by t~he Admin-
istrator, and three members without vote appointed by the
Administrator.
FRANKLIN D. ROOSEVELT,
President.
Approval recommended :
Honc S. JoHNSON,
A administrator.
The WHITE 110USE,
September 18, 1933.
(n I)











SEPTEMBER 8, 1933.
The PRESIDENT,
Th~e WThite House.
Ai DEAR ~. ]PRESIDENT: This is a report of the hearing on the
Code of Fair Competition for the Gasoline Pumlp Manufacturing
Industry in the U~nited States, conducted in Washington on August
24th, 1933, in accordance with the provisions of the National In-
dustrial Recovery Act.
The following exhibits are included and attached:
(1 Final Code submitted
(2 Notice of Hearing
3 Statement of Procedure
4) Statistical Analysis by Research and Planning Division
5 Transcript of the Records
6i List of WIitnesses.

Pnovisions or Tals CODE AB TO WAGES AEND HOURS

H. MrINIMU~ WAGEs

On and after thae effective date the minimum wage that shall
be paid by any employer in the Gasoline Pump Manufacturing In-
dustry to any employee, regardless of whether the employee is com-
pensated onz t~he basis of a time rate, piecework performance, or
otherwise, shall be at the rate of forty cents (4100) per hour for
forty (40) hours of labor: Provided, however, that where a State
law fixes a higher minimum wsage than that herein set forth, then
and in such case, nro employee shall receive a lower wage than that
fixed by such State law.
m. HOURS OF LABOR

The maximu hours of labor per man per week shall be forty
hours.
-~~CCNOMIc EFFECT OF THE CODE

The Gasoline. Pump Manufacturing 'Industry is one of the smaller
industries in the UILnited States with only about 3,000 employees.
The minimum wpage now paid is 30e per hour. The provisions
of the Code w7Pill raise the wage t~o 4104 per hour, resulting in an
increase in the pay roll of approximately 20 percent.
The Code has no provisions for regional or sex differentials.
The max~imum hours at. present do not generally exceed 40. Ap-
proning a 40-hour week under this Code will obviously add few
employees to the pay roll. However, in order to reabsorb the unem-
ployment in. thris industry it would be necessary to reduce the hours
of employment to less than thirty per week. As a practical, work-








able proposition this would be decidedly unfair to the industry
because-
(1) Some of the plants produce other products which are already
governed by other 40O-hour codes and shift their labor between the
different types of production.
(2) M~ost of the plants are in localities where the mlaximum of
labor in other outstanding plants is governed by 40-hour Codes.
Reducing the hours to a point where the weekly earnings of em-
ployees in this industry would not offset those of workers under
other 40-hour codes in the same locality would infringe on the avail-
able labor supply for this industry.
Under present conditions for practical considerations the reab-
sorption of the unemployed in this industry is practically impossible.
Findinge.--The Aldministrator finds that:
(e.) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof ; and that-
(b) The Association imposes no inequitable restrictions on ad-
mission to membership therein and is truly representative of the
Gasoline Pump Manufa cturing Industry; and that--
(c) The Code as recommended is not designed to promote monop-
plies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
adopted .
Respectfully submitted.
HUGH S. JoHNSON,
Ad ministr~ator.

AvoausT 8, 1933.
To: General Hugh S. Johnson, Administrator.
From : R. B. Paddock.
Subject: Report on the Code of Fair Competition for the Gasoline
Pump M~anufacturing Industry.
This is a, report of the hearing on the Code of Fair Competition
for the Gasoline Pump Mlanufacturing Industry of the United
States, conducted in WTashington on the 24th of Alugust 1933, in
accordance with the provisions of the National Recovery Act. All
persons requesting to be heard were given full opportunity to pre-
sent pertinent facts.
The following exhibits are included and attached:
A. Reports submitted by-
(1) Industrial Advisory Board
(2) Consumers' Advisory Board
(3) Labor Advisory Board
(4) Legal Division
(5) Research and Planning Division 1
B. The Code I as finally proposed, revised, and accepted by the
Gasoline Pump M~anufacturing Industry.
2 These are included in a group of papers for submission to the President and are not
duplicated herein.








PROVIBIONs OF THLIS CODE AS TO AGOES AND HOURS

zz. MINIMUM WAGIES

On and after the effective date the minimum wage that shall be
paid by any employer in the Gasoline Pump M~anufacturing Indus-
try to any employee, regardless of whether the employee is compen-
sated on the basis of a time rate, piecework performance, or other-
wise, shall be at the rate of forty cents (40d) per hour for forty (40)
hours of labor: Provided, however, that where a State law fixes a
higher minimum wage than that herein set forth, then and in such
case no employee shall receive a lower wage than that fixed by such
State law.
III. HOUJRS OF LABOR

The maximum hours of labor per man per week shall be forty
hou rs.
Finrdingys.--The Deputy Administrator finds that:
(a~) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including without limita-
tion subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that
(b) The Association imposes no inequitable restrictions on admis-
sion to membership therein and is truly representative of the Gaso-
line Pump Mianufact~uring Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
adlopt~ed.
Respectfully submitted.
R. B. PADDOCK,
Depubty Admninistrator.












CODE OF FAIR COMPETITION FOR THE GASOLINE PUMP
MANUFACTURING INDUSTRY

To effectuate the policy of Title I: of the National Industrial
Recovery Act, the following is established as a Code of Fair Com-
petition for the Gasoline Pump Manufacturing Industry.
I. DEFINPPIONS

The term "L Gasoline Pump Mianufacturing Industry is defined to
mean the manufacture and sale. by the manufacturers of dispensing
gasoline pumps of the meter, visible or blind types, operated either
by hand or power; kerosene tanks in unit combination; low-pressure
grease pumps and oil pumps and other low-pressure lubricating
outfits for transmissions and differentials; hand trucks for carrying
portable outfits for dispensing gasoline, kerosene, grease, oil, and
other petroleum products; and other equipment used in the dis-
pensing of these products for consumption.
.II. MdINmmn~ Wion

On and after the effective date the minimum wage that shall be
pad by any employer in the Gasoline Pump MlanufacturingIds
try to any employee, regardless of whether the employee is com-a ~ds
pensated on the basis of a time rate, piecework performance, or
otherwise, rshll be at the rate of forty cents (400) pher hour for forty
(40) hours of labor: Provided, however, that whre a State law
Azxes a higher minimum wage than that herein set forth, then, and
in such case, no employee shall receive a lower wage than that fixed
by such State law.
The existing amounts by which wage rates in the higher-paid
classes exceed wages in the lower-paid classes shall be maintained.
III. Houns or LBBon

The maximum hours of labor per man per week shall be forty
(40) hours.
IV

On and after the effective date no member of this industry shall
employ or have in their employ any person under the age of 16 years;
and further provided that no person under 18 years of age shall be
employed or permitted to work on or in connection with metal-work-
ing machines: Provided, however, that where a State law specifies a
h ger minimum age no member of this industry shall employ
wit in that State a person below the age specified by such State law.
12102D----138S8---E88 i









As required by Section 7 (a) of Title I of the National Industrial
Recovery Act, it is provided:
"' (1) That employees shall have t~he 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-organizattion or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
"L (2) That no employee and no one seeking employment shall be
required as a condition of employment to join any company unian
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing; and
"' (3) Th~at employers shall comply with the maximum hours of
labor, milnimm rates of pay, and other conditions of employment,
approved or prescribed by the President."
VI. STANDARDS

Nothing in this section shall apply to or affect in any way con-
tracts between members of the Gasohine Pump MZanufatcturing Indue-
trV a~nd others in existence prior to the effective date of this -Code.
1. All contracts for the sale of equipment covered by this Cod~e
shall contain a definite and true statement of price, quantity, terms
of payment, place of delivery, date, name of purchaser, and all other
items necessary to form a. complete contract. Further, that all con-
tracts shall state that all the terms and conditions contained therein
.are in conformity with the letter and spirit of this Code.
2. Each manufacturer in the industry shall, immediately follow-
ing the effective date of this Code, cancel all options, quotations,
and guaranteed prices outstanding on such date, insofar as such
cancelation can lawfully be efftected.
3. All invoices shall contain a full statement of all the facts neees-
sary to make such an invoice a complete actual record of the trans-
action represented on the face thereof.
4. Conditions and terms of sale for the equipment covered by
this Code shall be as follows:
(a) 30 days net; not in excess of 2 percent for cash in ten days
from date. of invoice; or 90 days, provided that not less than 25
percent. of the purchase price accompanies order and the remainder
is payable in three equal monthly payments thereafter; or six
months, provided that not less than 20 percent of the purchase price
accompanies the order and the remainder divided into six equal
monthly installments, with a. carrying charge of 5 percent of the
unpaid portion; or twelve months, provided~ that not less than 20
percent of the purchase price accompanies the order and the re-
mainder divided into twelve equal monthly installments, with 8,
carrying charge of 7 percent of the unpaid portion. No terms
longer than twelve months shall be allowed. Allowance for un-
earned carrying charges when installment accounts are paid before
maturity may be made.







(b) Except for bona fide test or demonstration purposes, no
equipment covered by this Code shall be loaned, leased, consigned,
given away, or sold on a basis of payment governed by the gallonage
dispensed or on terms other than those agreed upon above.
(c) The following standard guarantee:
The manufacturer guarantees all parts of the equipment shipped
under this agreement for one year and no more from date of invoice
thereof against defective material or workmanship (but not against
damage caused by accident, abuse, or faulty installation) when the
equipment is installed in accordance with the manufacturer's specifi-
cations, and will repair or replace free of charge (F`.O.B. factory)
all such defeective parts if returned to the factory, charges prepaid.
The manufacturer's liability for damages caused by any such defee-
tive parts shall be limited to such repair or replacement and in no
event shall the manufacturer be liable for indirect or consequential
damage.
VII

The following are declared to be unfair trade practices and are
prohibited :
(a) The payment or allowance of secret rebates, refunds, credits or
unearned discounts, commissions to customers, or their employees,
whether in the form of money or otherwise, or the extension of serv-
ices or privileges to certain purchasers not extended to all purchasers
under like terms and conditions.
(b) Discrimination in price of equipment covered by this Code
between purchasers of the same class; provided, however, that noth-
ing in this rule shall be construed to prevent the publication and
use of the quantity discount specified herein; and provided further,
that nothing herem contained shall prevent any member of the in-
dustry engaged in selling goods from selecting their own customers
in bona fide transactions.
(c) The inducing or attempt to induce the breach of a contract
between a competitor and his cust~ome~r.
(d) The variable practice on the part of sellers of requiring pur-
chasers in some instances to pay published freight and/or warehouse
charges and in other instances of assunung such charges.
(e) Quoting a total price of any schedule of equipment covered
by this code which does not show unit prices and any addition or
deduction on any other basis than the unit price shown.
(f) The making of contracts, blanket orders, or other commitm-
mentss guaranteeing prices except for firm orders for definite quan-
tities for delivery within ninety (90) days from date of order. In
each such case the order must stipulate that it is not cancellable and
that any equipment not ordered out at the end of the period shall be
billed to, and paid for by, the customer.
(g) The unreasonable trade-in on purchase or any other form of
unreasonable allowance for used equipment.
(h) The authorizing or permitt~mg of the refunding by commis-
sioned salesmen of all or any part of their comnussion to any
customer.








(i) The making of any allowance for installation by a manufac-
turer either directly or through his authorized representative, jobber,
or commission salesman.
VIII

Tfhe following practices affecting the seller's product a~re declared
to be unfair methods of competition and are condemned by the
industry :
(a) The marking, branding, or failure to mark or brand a prod-
uct for the purpose or with the effect of misleading or deceiving
purchasers, or prospective purchasers, with respect to the quantity,
quality, size, arade, or substance. of product purchased.
(b) The publication or circulation concerning any member of the
Industry, of any false, mlislending, or deceptive statement by way of
a.dvertisemlent or otherwise as tote grade! quality, quantity, charac-
ter, composition, or origin of the product.
(c) The sale or offer to sell any product with intent to deceive
purchasers or prrospective purchasers with respect to the quantity,
quality, size, grade, or substance of such product.


No mem~rber of the Gasoline Pump Masnufacturing Industry shall
sell or exchange any product of the industry at a price below his own
individual cost of production as determined by a, standard cost
accounting system, to be set up by the Executive Committee for the
Gasoline: PumpT~ Alanufacturing Ind'ustry, subject to the approval and
supervision of the Administration.
(a) Pursuant to the above provisions, the Executive Committee
shall endeavor to develop and submit to the Administrator for ap-
proval within 120 days after the effective date of this Code a uniform
system of cost accounting designed to make possible the accurate
determination by each member of the industry of his own individual
cost of production.
Upon approval by the Administrator of such system of cost
accounting, complete advice concerning it shall be distributed by the
Executive Committee to all members of the Gasoline P~ump Manu-
facturing 'Industry. Thereafter, no member of the industry shall
sell or exchange any product of the industry at a price below his own
individual cost.
(b) Since it has been the general, recognized practice of the Gaso-
line Puimp Mdanufacturing Industry to sell its products on the basis
of printed net price lists, or price hists with discount sheets and fixed
terms of payment which are distributed to the trade, each manu-
fa~cturer shall, within five days after the effective date of this Code,
file with the Executive Committee of the Gasoline Pump Manufac-
turing Industry a net Price list or a price list and discount sheet
as the case may be, indlvidually prepared by him, showing his cur-
rent prices. or prices and discounts, and terms of payment, and the'
Executive Committee shall immediately send copies thereof to all
known manufacturers of t~he Indusitry. Revised price lists, with or
without discount sheets, may be filed from time to time thereafter








with the Executive Committee by any manufacturer in the industry
to become effective upon a date specitfed by such manufacturer in
the industry, which date shall be not less -than 10 days after the
fiing of such revised prices at the offce of the Executive Comlmittee
and copies thereof with notice of the effective date specified shall
be immediately sent to all kn~own manufacturers of the Industry
who thereupon may file, if they so desire, revisions of their price
lists and/or discount sheets, which, if filed not less than five days
previous to such effective date, shall take effect upon the date when
the revised price list or discount sheet first filed shall go into effect.
If the Executive Committee shaUl determine that any manufacturer
in the industry is not now selling its products on the basis -of price
lists, with or without discount sheets, with fixed terms of payment
and that a system of selling on net price lists or price list and dis-
count sheets should be put into effect, then such manufacturer within
ten (10) days after notice of the decision of the Executive Committee
under this paragraph shall file with the Executive Committee net
price lists, or price lists wit~h dliscount shee~ts_ containing fixed terms
of payment; such price lists and/or discount sheets and terms of
payment may be revised in the manner hereinabove provided. How-
ever, it is provided that the determination of the Executive Com-
mittee as aforesaid shall be subject to the approval of the Admlin-
istrator.
(c) No manufacturer in the industry shall sell any product of the
industry at prices lower or discounts greater or on more favorable
terms of payment than the approved schedule of such manufacturer
on file at the office of the Executive Committee as above provided.
~(d) It is hereby provided that the operation of the foregoing pro-
visions in regard to price lists shall at all times be subject to the
approval of the Adnunistrator and, if it is the belief of the Execu-
tive Committee or of any manufacturer in the industry that any price
list submitted represents sales below the. cost of production of the
manufacturer submitting same, the date of effectiveness of such list
shall automatically be delayed an additional ten days in order that
an investigation may be made to determine the propriety of such
objection. If it is found that any price list represents figures below
the cost of production as defined by the Executive Committee and
approved by the Administrator, the quotations shall be withdrawn
and revised prices submitted.
X. ADINxImTAnTrow

With a view to keeping the President of the United States and
the Administrator informed as to the observance or nonobservance
of this Code, and as to whether the Gasoline Pump Manufacturing
Industry is taking appropriate steps to effectuate in all respects the
declared policy of the National Industrial Recovery Act, the Execu-
t~ive Committee of the Gasoline Pump Manufacturing Industry is
hereby constituted and shall be composed of five members, chosen
by a fair method of selection and approved by the Administrator.
Each employer shall file with the Secretary of the Executive Com-
mittee statistics covering the number of employees, wage rates, em-








ployee earningss and hours of work, and, upon the request of the
Executive Committee, subject to the approval of the Administrator,
copies of invoices and all books or records pertaining thereto and
such other data or information as may be from time to time required
by the Administrator or by the Executive Committee, subject to the
approval of the Administrator.
Except as otherwise provided in the National Industrial Recovery
Act, all statistics, data, and information filed in accordance with the
provisions of Article XF shaUl be confidential, and the statistics, data,
and other information of one employer shall not be revealed to any
other employer except insofar as ma~y be necessary for the effective
administration andl enforcement of this Code.


Where the costs of executing contracts entered into in the Gasoline
Pump Mianufacturing Industry prior to the Approval of tl~e Presi-
dent of the United States of this Code are increased by the applica-
tion of the provisions of that Act to the industry, it is equitable and
promotive of the purposes of the National Industrial Recovery Act
that appropriate adjustment of such contracts to reflect such in-
erea.sed costs be arrived at by arbitral proceeding or otherwise, and
the Gasoline Pump Manufacurers Association, the applicant for this
Code, is constituted an agency t~o assist in effecting such adjustments.
XI

Any employer may participate in the endeavors of the Executive
Committee of the Gasoline Pump Manufacturing Industry relative
to the revisions or additions to the Code by accepting the proper
pro-rata share of the costs and responsibility of creating and
administering it.
XII

This Code, and all the provisions thereof, are expressly made sub-
ject to the right of the President, in accordance with the provision of
Clause 10 (b) of the National Industrial Recovery Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation, issued under Title I of the said Act, and specifically to the
right df the President to cancel or modify his approval of this Code
or any conditions imposed by him upon his approval thereof.
XIS~II

Such of the provisions of this Code as are not required to be in-
cluded therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in circumstances or experience may indicate. They shall remain in
effect unless and until so modified or eliminated or until the expira-
tion of the Act. It is contemplated that from time to time supple-
mentary provisions to this Code or additional codes will be submitted
for the approval of the President, to prevent unfair competition in







price and other unfair and destructive practices and to effectuate
the other purposes and policies of Title I of the Nationlal Industrial
Recovery Act consistent with provisions thereof.
XV

This Code of Fair Competition shall become effective on the ap-
proval of same by the President of the United States.
The undersigned do hereby certify that the foregaoing is a true
copy of the Code of F~air Competition for the Gasoline Pump, Manu-
facturing Industry, submitted to the Administrator under the Na-
tional Industrial Recovery Act, as amended by authority of the
Executive Committee of the Gasoline Pump Mannu facturing
Industry.
NELSON S. TALBOTT,
President, Gasoline Purnmp Manuzfacturers' Assn.
G. DENNY hfOORE,
Secretary, Gaesolinze Purnmp Man/ufacturrers' Ases.
SEPTEMBER 7, 1933.




UNIVERSITY OF FLORIDA
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