Registry No. 1328--1-01
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
UNIV. OF FL LIE
The Code for the Household Refrigerator Cabinet 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
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
AS SUBMIITTED ON AUGUST 31. 1933
NATIONAL REFRIGERATOR IMANUF~ACTURERIS('; ASSOCIATION
PROPOSED CODE OF FAIR COMPETITION FOIR T`HE HIOUJSE-
HIOLD REFRIGERATOR CABINET INDUSTRYR'I
To effectuate the policy of Title I of the National Industrial Re-
covery Act during the period of the emergency, the following pro-
visions are established as a code of fair competition for the house-
holdl refrigerator cabinet industry.
The termn household refrigerator cabinet industry ", shall be
understood to include those who manufacture refrigerator cabinets
for household, as contrasted with comlmercial use, regardless of
whether the cooling agent be ice or mechanical refrigeration.
Due! to the highly seasonable nature of this industry, the principal
manufacturing activities take place during six months in each calen-
On. and after the effective date of this Code employers in the
household refrigerator enbinet industry shall operate on a schedule
of hours of labor for their factory employees as follows:
-A. During any six months in any calendar year the maximum of
410 hours per week, and during the other six months in any calendar
year a maximum of 32 hours per week.
B. On and after the effective date of this Code office employees in
the industry shall not operate on a schedule of hours of labor in
excess of 44 hours per week throughout the entire calendar year.
On and after the effective date of this Code, the minimum wage
that shall be paid by employers in the household cabinet industry
to their employees shall be as~ follows:
A. ]Factory employees and maintenance men, 35 cents per hour.
On and after the effective date of this code, employers in the house-
hold refrigerator cabinet industry shall not employ any minor under
the age of 16 years.
The supervising and fact-finding agency for this industry shall
be the :National Refrigerator Mannufacturers Association, of Chi-
cagao, Illinois. IThe mnanufaceturers shall furnish to this agencyg dully
certified- reports every four weeks showeingf number of employees,
maximum hours worked by any employee in any week, and actual
hours worked by thne various occupationdl groups of employees, and
min~imluml hourly wages. lIt shall be the duty of this agency to com-
pile thetse. figures when, as, and if th~e President of thle United St~ates
requires such compilation. It shall also be the dlutyr of thlis agency
to investigate and develop facts reganrd~ingr complaints from anyV
source and present the resulting data to the Administrator when
circumsta~nces warrant. and when so instrulctedl by the Association.
Each mlanufacturerr in the houlseh~old refr~igerator cabinet industry
shall determine. his own selling prices but shall charge identical.
prices to all buyers of equal qluantities of his product.
A. There shall be a list price for all less-t~han-carload shipments
except as sp~ecifiei immediately thereafter.
B. A discount not to ex~eed 50; froml list pr1ice on full carload
shipment with privilege of curr1enlt, endnl~1 prices to apply on all
isubs~equent. shipments in any quantity during thle remainder of the
selling season to b~uy~ers of the same individual enlter~prise who have:
purchased and received an initial full carload.
C. A discount of 5%r and an additional dliscounlt of 101% from list
to bona fide jobbers provided such jobbers purchase an. initial full
carload for resale to dealers and, provided further, that the Execu-
tive Committee approve such jobber as being entitled to be so
D i. A discount. of 5% and an additional.., l discount,, Iof 0 from
list to all purchasers who will place a conltrnet wit definite specifi-
cations not subject to cancellation for not IleSS thanT 1,000 refrigera-
tors to be shipped during the current selling season.
E. Obsolete and surplus stocks sometimes dlesignlatedl as close-
outsc "' or inv-entor~ies which must be converted into cash. may be sold
at such prices and at such times as are necessary to mnove the. mr-
chandise into the buyers' hands, provrided all such stocks must first
be reportedly to the Executive Comnmittee and be. disposed of subject
to the approval of the said Executive Commr~ittee.
To further effec~tuatet the policies of this ABct. thle hocusehol d refrig-
er~ator enbiniet industry agrees that it is an unfair trade practice to:
(1) Sell their product be~low cost. The! cont of each item shall be
aIccurantely determined by each mlanufacturer, and such cost shall
include llmaterial, all labor, nd. all factoryv expenses, sales, and
(2) Sell their product on a b~asis other thanl ~F.O.B. their factory,
except as sp~ecified~ in, section 3 of this Ar~ticle.
(3) Sell fromn br~anch~ wsar~ehouse stocks;~ at prices less than those
incorporalted in At~rticle V of thiis Cod~e plus full transportation costs
fromr factory to suchn wa~reh~ouse.
(4)' Sell their p~od uct on terms in violation of thec following:
On oods ship~pe bewe coe s nd1frh1t em hall
be 60 d ays net or BR~ cashl in 10 lalys w~ith a dantingp of M~ar~ch 1st:
After Mar~ch 1st, terms shall be 60 days netf orI "P; diSCoulnt for cash
in 10 dlays from dat~ of sh~ipmenit.
(5) Allow rebates, advertising~ allowances ,~ or special discounts or
r~eductionls from. the prices e~~stacbi~lished in Article V.
(6) Guarantee pr~ice~s against future advanlcet or decline.
(7) Clonsign goods under~i any condlc-itionl.
(8) Employ false or rui pleading advertising, misbr~anlingr, false
inv-oeingi, or other deceptions.
(9) Endeavor to injure a competitor by inducing breach of con-
tr~act, espionage, enticement of employees, imitation of trade names,
or by othe~cr unfair or dishonorable practice.
(10) Employ~ commercial bribery such as inducing~ sales by gifts
or premiums, by payments of c~onunissinion or rewards to employees of
d'ealer~s or distributors, byT gratuities to ~Htsalesmn or by lavish enter--
1Employers in the household refrigerator cabinet industry shall
comply with the requirements of thne NSational Indullstr~ial Recoveryr
Act as follows:
"(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 thle designation of such representatives or in.
self-organization or in other concer~tedl activities for the purpose of
c~ollectilve bargaining or other mutual aid or protection.
"(2) TIhat no employee and no one seeking employment shall be
required as a condition of employment to join any company union or
to reframn from jolmng, organizing, or assist~ing a labor organization.
of his own choosing.
"(3) That employers shall comply with thre mnaximnum hours of
labor, minimum Irates of pay, and other conditions of employment,
app~roed, or prescribed by the 1President of the United States.'
This code and all the provisions the~reof are exrpressly made sub-
ject to the right of th~e President of the United States, in accordance
with the provisions of Clause 10 (b) of the National Industrial
Recovery Aict from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
AcLt, and specifically to the right of the ]Preside~nt of the United
States to cancel or m~odify his approval of this Code or any condi-
tions imposed by him upon hzis appro-val thereof.
Such of the provisions of this Code as are not required to be in-
cluded therein by the National Industrial Recovery Act may, with
thre approval of the President of the Unitetd Sta~tes, be modified or
eslimninated as changes in circumstances or experience may indicate.
It is contemplated that from time to time supplementary provisions
to this Code or addlitional Codes will be submitted for the approval
of the President of the U~nited States to further effectuate thne pur-
pssand policies of Title I of the N~ational Indust~rial Recover~y
Atcnsistent with th~e provisions her~eof.
No provision in this Code shall be interpyret~ed or applied in such
a, mannler as to (a) promote~ monopolies, (b) permit or encourage
;unfair competition, (.c) eliminate or opp~re~s small enterprises, anid
(d) discriminate against small e~nt~erprise.
This Code shall be in full effect on the tenth day alfter it~ apprloval
by the President of the Unlitedl States or by his agecnt.
We, the undersignIed, members of the National Rtefriger~ator Manul-
facturers Association, whlo we believe represent over eightyt percent of
the total production of the industry, have adopted the floregoing Code
of Fair Practice and by signing same hereby signify that w~e are will-
ing to be governed in our indistllry by~ the sterns andl provisions
G)urney Refrigerato~r Co., by E. G. Vail, prlesident; Rhine-
lander Refrigerator Co, by M/3. O. McC'lellan, treas-
urer; Ha~-rdrl Refrigerator Corpl., by\ F. H-. Ryrder,
vice president; Eau Clair~e Cold Storage Corp., by Ed.
Roll, manager; Runlney Refr~igerator Co., by EI. W.
Ranney, president; Tennessee ]Furniture Co~por~ation,
byI Robert T~. Fra~nzier, vice president; The Miaine Mfan-
ufacturing Company, by Philip Ellis Stev~ens; Sanli-
tary Refrigerator Co., by B. K3. Miller, s~cr~et a ryr; Rich
Illinois Mfg. Co, W. Collinls, secretary and treas-
urer; Success Mg. Co., Thos. P. Bolger, president;
]Progress Refr~igera;torl Co., Wl. HI. Cloud, president;
Duluth Refrigerator Corp., W. F. Arndt, p~~Iresident;~ r
Ward Refrige~rator & Mfg. Co., Dw~ight R ad
Standard Refrigera~tor Co., by W~. Manithe, president.
Digitized by Iihe Internet Archive
In 2011i waih funding -roin
Unliverslly of Florida. George A. Sinathers LIblrares with suIpport from LYRASIS and the Sloani Foundation
hlip: www.archive.Org deta~is projposedcojdeoffla8474unil~
UNIVERSITY OF FLORIDA
3 1262 08853 8474