WE DO OUR PART
UNIV. OFh FL UB.
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. - Plrce 5 cents
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMZPETITJON
FOR THE ,
AS SUBMlITTED ON AUGUST 30, 1933
REGISTRY No. 1399--1--13
The Code for the Stoker 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
ii i '
NATIONAL INDUSTRIAL RECOVERY CODE FOR THE STOKER
(Chicago, Illinois, July 25, 1933)
The President andl Congress of the United States by t~he enact-
ment of the National Industrial Recovery Act, have declared the
existence of a, national emergency, productive of widespread unem-
ployment and disorganization of industry, which conditions seriously
affect the Stoker Industry.
By the provisions of said A~ct and for the purpose of securing
cooperative action among trade groups, of ehimmatmig unfair com-
petitive practices and of generally rehabilitating industry, the Presi-
dent of the United States is authorized find empowered to approve
codes of fair competition for the several industries of the country.
The Stoker Industry, through the St~oker M~anufacturers' Asso-
ciation, a voluntary association comprising a. representative group
of manufacturers and distributors of stokers, has compiled the fol-
lowingr rules and regulations into a code of fair competition for
the Stoker Indust~ry and submits same for approval and enforce-
ment in accordance with the provisions of said act.
A. This Code is set up for the purpose of establishing fair and
adequate wages, effect~ing necessary reduction of hours so as to spread
the work, improving standards of labor and eliminating unfair trade
practices, to the end of stabilizing the stoker industry and enabling it
to do its part toward reducing and relieving unemployment.
B. Any member of the industry may participate in the Code and
in any revision or addition thereto and receive the benefits thereof
by accepting t~he proper pro rata share of the cost and responsibility
of creating and administering it, either by becoming a member o
the Assciatio;rn or by~ paying to it an amount equ~al to the charges
paid by a member in like situation of the St~oker M1anufacturrers'
C. It is the declared purpose of this Code:
1. To insure firm bids.
2. To insure fair and adequate prices for material furnished
and services rendered.
3. To eliminate unreasonable and unjust requirements of buyers.
4. To respect patients, regaist~eredi trade-marks, trade-names, and
design or appearance of equipment.
5. To preserve the moral and legal rights of members to the sale
at fair prices of repair and renewal parts for machines of their
(Local foundries, machine shops, firms and persons engaged in
the metal and machinery trades have engaged in the repair parts
business of stoker manufacturers duplicating parts. which the stoker
manufacturer has designed and developed at considerable engineer-
mng expense which thle local foundry does not have to include in their
cost. Their interests are diametricallye opposed to the stoker manu-
facturers in that their profit comes from increased tonnage while
thle stoker manufacturer is interested in low maintenance of his
Furthermore, the stoker industry depends largely for its liveli-
hood during periods of low business on the normal repairs of
existing stoker installations, and protection is therefore necessary
in the prevention of encroachment on this business of stoker
m an ufactu rers. )
OnI and after the date this Code becomes effective, the minimum
wage that shall be paid employees in the stoker industry shall be at
the rate of thirty-five (35c) cents per hour for not to exceed forty
(40) hours of labor per week, w-ith the exception as to hours of the
following classes of employees:
Repa"ir-shop crews, engilneers, electricians, firemen, supervisory
staff, shipping, office, watching, outside installation and service per-
sonnel, and salesmen. Apprentices shall be paid not less than
twenty (20c) per hour. No person under sixteen (16) years of age
shall be employed.
As required by Section 7A--Title I of the National Industrial
Recovery Act, the following provisions are conditions of this Code:
"L(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-orgaanization 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 joining, organizing, or assisting a labor organization of his
own choosing; and (3) that employers shall comply with the maxi-
mum hours of labor, minimum rates of pay, and other conditions of
employment, approved or prescribed by the President."
(a) It is clearly understood that nothing in this Code shall impair
in any particular the Constitutional rights of the employer to protect
his business and property from the unlawful activities of others.
(b) It is clearly understood that nothing in this Code shall impair
in any particular the Constitutional rights of the employee and em-
ployer to bargain individually or collectively as masy be mutually
satisfactory to thlem; nor does it impair the right to operate an open
(c) Nothing in this Code is to impair the Constitutional rights of
employers to freedom in the selection, retention, and advancement of
(d) If any employer of labor in the stoker industry is also an
employer of labor in any other industry, the provisions of the Code
sllapply and affect only that part of his business which is
included in the stoker industry.
III -~MInr wmu STOKZER PRICES
Sound economic principles require the sale of all stokers and
auxiliary equipment at such price or prices as will realize to the
manufacturer and,l'or distributor the cost of production or purchase,
plus a reasonable margin of profit.
Cost shall be computed in accordance with standard accounting
practice and the rules and regulations promulgated by the Bur~eau
of Internal Revenue for the determination of Federal income taxes.
A cost committee of the Stokrer manufacturers Association is nrow
ascertaining facts and data essential to the accurate determination
of costs and to provide uniform costing methods in th~e industry.
Failure to maintain prices on aforesaid basis shall be deemed a
violation of this Code.
IV-OTHER ITEMS OF ULNFAIZR COMPETITION
(a) The circulation of threats of suit for infringement of patents
and trade-marks, not made in good faith but for the purpose of
harassing and intimidating customers and prospects, shall be con-
sidered an unfair trade practice and is in violation of this Code.
(b) The acceptance of contracts with penalty clauses wFiheth~er for
delay in shipment or completion, or failure to meet guaranteed per-
formance unless an equitable bonus is paid for shipment, or comple-
tion before the specified time, or for performance m excess of guar-
antee, shall be considered an unfair trade practice and is a violation
of this Code.
(c) To resell any auxiliary equipment at less than fair prices as
determined in paragraph III of this Ciode, shall be considered an
unfair trade practice and is a violation of this Code.
(d) The making, causing, or permitting to be made, of any false
or deceptive statements, either written or oral, concerning the busi-
ness policy of a competitor, his product., selling price, financial, busi-
ness, or personal standing, shall be considered an unfair trade
practice and is a violation of this Code.
(e) For a company which manufactures and sells allied equip-
ment or owns subsidiary companies manufacturing such products
to quote a price less than the normal selling price of any product in
an endeavor to influence the sale of all or pa~rt of the~ products offered
for the purpose of lessening competition or injuring a competitor
shall be considered an unfair trade practice and is a violation of
(f) The secret payment of allowances or acceptance of rebates,
commissions, credits, discounts, or like concessions, whether in the
form of money or other valuable thing, or any secret understandings
or agreements to do work or to furnish material on terms other
than those set forth in the specifications and contract, shall be con-
sidered unfair trade practices and are violations of this Code.
(g) Inducing or attemptilig to induce, by any means or device
whatsoever, the breach of contract between a, competitor and his
customer during the terms of such contract shall be considered an
unfair trade practice and is a violation of this Code.
(h) All installment stoker sales contracts shall specifically state
price of machine and equipment, either installed or f.o.b. some defi-
nite point, with terms of payment definitely stated with a minimum
down payment of ten (10%o) percent on domestic or household
stokers and five (5%) percent on small commercial stokers and equal
payments at regular specified intervals, periods of such payments;
not to exceed thirty (30) months from date of installation, no con-
tract to be based on fuel saving alone, any deviation to be considered
an unfair trade practice and in violation of this Code.
(i) Mfisrepresentation, or the making, causing, or permitting to
be made, or publishing, of any false, untrue, misleading, or deceptive
statement, by way of advertisement, or otherwise, shall be considered
an unfair trade practice and is a violation of this Code.
(j) To accept liability for replacements other than those due to
defective material or inferior workmanship and in such cases for a
period of more than one year after date of installation, shall be
considered an unfair trade practice and is a violation of this C~ode.
(kr) To mlake any guarantees on any apparatus or material not
fabricated by the stoker manufacturer, other than those made by the
supplier of such apparatus or material, shall be considered an unfair
trade practice and is a violation of this Code.
( For a stoker manufacturer and/'or distributor to solicit the
repair or renewal-parts business of stokiers other than those of their
own manufacture shall be considered an unfair trade practice and is
a violation of this Code.
(m) To make any acceptance tests for either efficiency or capacity
in a manner other than according to standard American Society of
Mechanical Engineer rules shall be' considered an unfair trade prac-
tice and in violation of this Code.
This Code and all the provisions thereof are expressly made subject
to the right of the President, in accordance with the provision of
Title I, Cl~ause 10 (b) of the National Industrial Recovery Act, from
time to time to cancel or modify any order, approval, license, rule,
or regulation, issued under said Act, and specifically to the right
of thle President to cancel or modify his approval of this Code
or any conditions imposed by himl upon his approval thereof.
Such of the provisions of this Code as are not required to be
included 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. This Code shall govern
the industry for four (4) months from its effective date. It Is con-
templated that from time to time supplementary provisions of 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 competitive practices and to effectuate the other
purposes and policies of Title I of the Nrational Industrial Recovery
Act consistent with the provisions-hereof.
The Stoker Manufactizrers' Association is thereby designated the
Agency for administering, supervising, and promoting the perform-
ance and observance of the provisions of thle Code by the stoker
This Code for the Stoker Industry, in accordance with the National
Industrial Recovery Act, was approved unanim~ously by the Stoker
Manufacturers Association assembled for that purpose in Chicago,
Illinois, on July 24--25, 1933.
STOKER b$1ANUFACTU7RERS' ASSOCIATION,
By WV. H. REA, PPF68/dent,
By M~ac G. BLUTH, Seretar~y.
Chicago, Illinois, Jzcdy f5, 1933.
UNIVERSITY OF FLORIDA
3 1262 08852 5729