NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OMRPETITI ON
AS APPROVED ON NOVEMBER 27, 1933
I` "" ~"'- PART
For sale by the Superintendent of Documents, Washington, D.C. ------- r* t
Approved Code No. 131
Registry No. 1128--02
1. Executive Order
2. Letter of Transmittal
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
This publication is for sale by the Superintendent of Documents, Government
Printing OBnce, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COI\MMRCE
Atlanta, Ga.: 5041 Post Office Burilding.
Birmingham, Ala.: 257 Federal Building.
Boston, Masss.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suit~e 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National 1Bank Building.
Houston, Tex.: Chamber of Comnmerc~e Building.
Indianapolis, Ind.: Chamber of Comnmerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenzue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Yorkr, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post O~ffice Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, WCash.: 809 Federal Building.
Approved Code No. 131
CODE OF FAIR COMPETITION
PIPE NIPPLE MANUFACTURING INDUSTRY
As Approved on Novemlber 27, 1933
CODE OF FAIR COMPETITION FOR TTIE PIPE NIPPLE MANUTFACTURING
An application having been duly made, pursuant to and in full
compliance with. the provisions of tile I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a, Code
of Fair Competit~ion rfor the 1Pipe Nipple `Manufacturing I~ndustry,
and hearings having been held thereon, and the Administrator hav-
ing rendered his report containing an analysis of the said code of fair
competition together w~ithl his recommendations and findings with
respect there~to,, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said act and that the requirements of cinuses
(1) and (2) of subsection (a) of section 3 of the said act have
NOW~. THEREFORE, I, F~iranklin DI. Rtoosevelt, President of the
Unitedl States, pursuant to the authority rested in mne by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
oth~erwise, do adopt and approve the report, recommendations, and
findings of the Adm~inistrator and do order that the said code of fair
competition be, and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Aprova-fl r~ecommnended :
Houix S. JOHNSON,
THIE ~\IHITE HOUSE,
No vemb~ er 49~, 193~3.
THE RE~mfPNOVEMaBER li, 1938.
The Wh'ite H9ou~se.
SIn: 1. Th~is is a report on the Code of Fa~ir Competition for the
Pipe Nipple Mfanufacturing Indust~ryS in the United St~ates as revised
after the hearing conducted in Wa'shingaton on September 26, 1933,
and reconvened on November 14, 1933, in accordance with the pro-
visions of the National Industrial Recovery Act.
PROVISIONS OF THIE CODE AS TO HOURS, %'AGES, AND GENERAL
2. This ALrticle provides that no employee shall be permitted to
work in excess of thirty-five (35) hours in any seven (7) day period
or eight (8) hours mn any twenty-four (24) hour period, beginning
at midnight, except that such hourly and daily limitations do not
apply to employees engaged in a, managerial or executive capacity
who earn not less than thirty-five dollars ($35.00) per w~eek, or to
travelling salesmen or to employees engaged in emergency mainte-
nance or emergency repair work. Further, an exception is made
providing that no person employed in clerical or office work shall
be permitted to work in excess of forty (40) hours in any seven (7)
day period or nine (9) hours in any twenty-four (24) hour period.
ARTICLE IV- mAGES
3. This Article establishes a minimum rate of pay at the rate of
forty ($0.40) cents per hour, except that persons employed in clerical
or office work shall be paid not less than fourteen dollars ($14.00)
per wPeek. This Art~icle also establishes a minimum rate of pay
irrespective of whether t~he employee is actually compensated on a
time-rate, pieceworkr, or other basis. Further, female employees
performing substant~ially the same work as male employees shall
receive the same rate of pay' as manle employees.
This Article also provides for an equitable adjustment of all wa.ges
in excess of the minimumn. Further, this Article also provides that
the Code A~uthority shall present to t~he Admninisstrator for approval
within thirty (30) days after the effective date of this Code and
after notice and hearing, recommendations as to upwardl adjustments
in wage rates for specified occupations by localities in order to
effectuate the purposes of t.he Act..
Overtime pay fo~r all wFor~k in excess of thle normal number of
hours per day or the normal number of hours per week, but not to
exceed six (6) hours in any seven (7) day period, except in cases
of emergency maintenance or emergency repair work involving
breakdowns or the pr~otction of life or property, at the rate of one
and one half (11/2) times the normal rate of pay, is provided for all
employees with the exception of those: employees who earn more
than thirty-five ($3,5.00) dollars per week.
ARTICLE VJ-GENERAL LABOR PROVISIONS
4. This Article provides that no person under sixteen (1.6) years
ofage sfihall en em8ployed in the industry and nro person under the
age f eghten (8) ears shall be employed in operations or occupn-
tions which are hazardous in nature or dangerous to health, and
that t~he Code Authority~ must submit to the Admninistrtcrat within.
sixty (60) days after the effective date of this Clode a list of such
operations or occupations.
This Article embodies subparagraph (a) of iSection 7 of Title I
of the National Industrial Rtecovery Act.
This Art~icle further provides that emnploy~ers shall not recclas ;ify
employees or duties of occupations performed or engage in any other
subterfugre for the p~urpose of defeating the purlposes or provisions
of the Act or of this Code.
This Article further provides that every emnployer shall provide for
the safety and health of his empllo~yees at the place and during the
hours of their employment.
This; Article further provides that all empl-loyer~s shall post comn-
plete copies of' this Code in conspicuous places necessible to employees.
ECONOMIC EFFECT OF THE CO)DE
5. The members of this industry manufacture pipe nipples for
heating, ventilating, plumbing, and other equipment made from
wrought steel (including copp~er-bearing steel), genuine wrought
iron, brass, and copper pipe. These products are largely consumed
in thle construction, alternt~iojn, and repair of buildings and similar
st ruct u res.
In view of ther fact that data regarlldingr man-hour production
and wages existingi in this industry in the past are rather menger,
it is difficult t~o forecast the economic effect of this code. ]However,
the minimurm r~ate of pay of forty ($0.410) cents per hour established
byr this code should manterially increase the p~urchasing powoPer of the
emnployees of this industry.
The: Administrator finds that:
(a) The c~ode as recommended comp.l;es~ in all respects with the
mandantory p~ovisions of Title I of the A~ct, including, without
limitation, subsection (a) of Section '7 and subsection (b) of Section
10 thereof, and that
(b) The appliennt group im~poses no inleqluitab~le re~strictionls on
admission to memnbership therein and is truly Irepr~e.entat~ive of the
Pipe N\ip~ple Mannufacturl~ng Ind'ustryS; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectante the policy
of Title I of the National Induist rial Recovery Act.
It is recommienided, therefore, that this code be adopted.
HUIGHI S. JOH-NSO)N,
PIPE ]NIPPLE MANUFACTURING INDUSTRY
To effect the policies of Title I of the Nat~ional Industrial Recovery
Ac~Lt, this Code is submitted as a Code of Fiair Competition for the
Pipe Nipple M\anufacturing Industry, and upon approval by the
President, its provisions shall be the standards of fair competition
for such industry and shall be binding upon every member thereof.
SECTION 1. The term "' Pipe Nipple Mfanufacturing Industry or
Industry as used herein means the :manufacturing (for sale) of
SEc. 2. The term pipe nipple or ~"product as used herein
means and includes a mechanical fitting used in connection with
heating, ventilating, _plumbing, and other equipment made from
wrought steel (including copper bearing stecel), genuine wrought
iron, brass and copper pipe of various diamneters up to and including
twelve n(12) inches and of various lengths up to and including
twenty-four (24) inches in length and threaded on both ends or
otherwise threaded or cut to the specifications of the purchaser.
SEO. 3. The term "' member of the industry includes, but without
limitation any individual, partnership, association, corporation, or
other form of enterprise engragedl in the industry, either as an
employer or on his or its own be~half.
SEC. 4. The term employee as used herein includes any and
all persons engaged in the industry, however compensated, except
a member of the industry.
SEc. 5. The term trade as used hereinz means all channels of
distribution for the products of this industry.
SEc. 6. The term ""Association as used herein means The Na-
tional Association of Pipe Nipple M~anufacturers, Inc."'
SEC. 7. nle terlR" BOard of Directors as used hlereinl means the
Board of Directors of the Association.
SEc. 8. The terms "Acct and "(Administrnt~or as usedl herein
mean, respectively-, Title I of the National Industrial Recovery
Act, and the Administrator for Industrial Recovery.
SEC. 9. Population for thre purposes of this Code shanll be deter-
mined by reference to the latest Federal Census.
AnnICLE 111- 1URC~S
SEcTION 1. 2hl##178170 ftozr&T.--RO employee shall be permitted to
work in excess of thirty-five, (35) hours in any one w~eek (seven (7)
CODE OF FAIR COMPETITION
days period) or eight (8) hours.i in any twenty-four (a4) hour period,
beginning at midnight, except as herein otherwise provided. A~
normal work day (twenlty-four (24) hour per~iod~) shall not exiceed~
eight (8) hours, and a, normal w~ork w~eek sevenn (7i) day period)
shall not exceed- thir~ty-five (35) hours~.
SEC. 2. FIOUrF fol r Clerijcal andi OIfee Fninployeesi.!-No pe'rion em-
p'loyed in clerical or office work~ shall be perm~itted~ to work in excess
of forty (40:) hours in any one weekl (sevenl (7') daypenriod) wor nn
(9) hours in anyS twenty-four (24) hour period:. Anoml or
day (tw~enty-four (24) hour p~eriol) sihall not excreed nine (9) hours,
and a. normal work week sevenn (7) dlay period:) shall not exceed
forty (40) hours.
SEC. 3. FEeiC~~ptions8 as to HFours~.--T hee p1ovisions of this Article
shall not, apply to tra.\ellingr salesman~, or to persons employed in a
maniagerial or executive enpacit~y whlo earn not less thann thirty-five
dollars (8.35i.00) per week, or to employees engaged- in e~merg~ency
maintenance or emnergency repair wrork, prIov-idedl, however, that the
provisions resperting 3. normal w~ork day' and a normal w~ork week,
as provided inl Section 1 of thisii Article, shall app~ly to all employees
in emergfency maintenance or emerg~encyr repair work.
SEC. 4. Em~ploymentf b Sei'eral Empi~loyersi~.- No- employer .shall
k;nowingrly permlit any\ em ployee to wo'Trk for any' time wlu11ch when
totaled with that aIenlrea per~folrmed with another emlloy~er, or emr-
ployers, inl this induistryl exceeds th~e maximumn permitted herein.
ARTICLE T\T- VAGCES
SEC.TION l. Ofin.lliinum Il'rr.ty-NO empilloyee Sh1all be panid in any pay
period less than at thet rate of for~ty cents ($0.40)! peri hour, except
as her~ein otherwise prov-ided.
person e~mployed in elerical or office work shall b~e p~aid in any pay
period less than at the rate of fourteen dollars5 O'14.00() per week.
rSEc. ;3. Piecewoli~ rk C'ompensation-Min-li imuml~n W1~(eas.- This Article
establishes a minimum rate of pay) whichl shall ap~plyr irr~esp~ective of
whether an emp~loyece is actually comnpensatedl on a time-razte, piece-
work, or other basis.
SEC. 4..Vi 31/Nimu? TErr/P 1 R(77C l) for' SJperilje Occi Ocruiff!lGO.--Within
thlirtv '(30) days a after the ap~pr~oval of this Clode, thle Cod:e Au~thlority
shall pr~esenlt for applroval to th~e Admlinistrator, after notice andl
hearings, r~ecommllendantions as to upward adjustments in ~aness for
specified- occupa~tions by! loodlities, in order to effectuatee the purposes
of the Act.
SiEC. 5. Ifages'.j A-bove M,1inimum 11.-Emlplo'er' S shall not reduce the
r~at~es of wages for employees whose r~at~es are now in excess of thle
minimum rate of wnge~s herein provided (not~withs~tandingin that the
number of hours~ wor~ked in such employment may be hereby de-
creasied), anid where inl any case anl emplo~yerl has not increased~ the
rates of wagesr~ for su1ch employees prior to the effective date of this
Codle by ain equitable readjustmnent of all such wngae rantes, such emn-
ployer shlln1 rendljust. all suich wrage rates. This provrision shall be
interpreted in the same manner that paragraph i7 of the President's
Reemnploymnent A~,7re~nemet has been interpreted by the Administrautor
in Interpretations Nos. 1 and 20.
SEO. 6. Female Empzloy/ees.-Female employees performing sub-
stantially the same work as male employees shall receive the same
rate of pay as male employees.
SEO. 7. Handicarpped Perlsons.--A person whose earning capacity
is limited because of age or physical or mental handicap may be
employed, on light work at. a wagfe below the mlinimnum established
by this Code if thle employers obtains froml the: State Authority
designatted b t~he Unitedl States Departmnent. of Labor a certificate,
authiorizinghi emnployrment at such wages and for such hours as
shall be stated in the certificate. Each employer shall file with the
Code Aiuthority a list of all such perlsons emnployed by him.
SEC. 8. Eva!~ionl Thr'oughJ Reemp1~31rloymen1t.-N o employee now em-
ployed at a rate in excess of the minimum shall be discharged and
reemployl~ed at a lower rate for the pur-~ipos of evad~ing the provisions
of this ('ode.
SEC. 9. Overtime.--All employees who work more than the normal
number of hours per day in any twenty-four (241) hours, or more
than the normal number of hours per week in any seven (C) days,
provided in, this (Code, shall be paid: not less than one and one half
(11/2) times their normal rate of pay for said excess. Such overtime
shall nodt exceed six (6) hours in any one week, except in cases of
emergency maintenance or emler~gncyr repair work involving break-
downs or protection of life or property,! provided that all such cases
of emnelrgency work shall be reported to the Code Authority.
ARTICLE V~-GENrERAL LBnon PROV'ISTIONS
SECTION 1., Child Labor' P~ov~i~sion.,-Noo person under sixteen (16)
years oif age shall be emplloyedl in the industry. No person under
eighteen (18) years of age shall be employed at. operations or occul-
pations which are hnazurdous in nature o,r dangerous to health. The
Code Authority shall submit, to the Admlinistrantor within sixtyS (60)
days after the effective date of this Code a2 list. of suIch operations or
occupations. In any State on employer shall be deemed to have com-
p-- -----i-----liedl with t~hi~c sprovision as; to- age if he shall have oni file a certificate
or p~erm"it duly issued by the Agelc~y in such Stat~e empowered to
issue employment or age cer~t.ificates or perm~nits showing that the
employee is of the required age.
SEC. 2. 17T02i840h&S fi'Ol~n the Act.--In compliance with Section
7 (a) of the Act, it is provided-:
(a) That employees shall have the right to organize and bargain
co~llc~ct~ively. through representntatives of their own c~hoosing 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 pur-
pose of collective bargaining or other mutual aid or protection.
(b) That no emnploy~ee and no one seeking employment shall be
required as a condition of employment to join a~ny company union
or to refrain from joinling, organiziing,~ or assist~ing a. labor orgami-
zation of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, andi other conditions of employment
approved or prescribed by t~he President.
SEC. 3. ReC GBsifea~tionl of Empl2oyee's.--No employer shall re-
classify employees or duties of occupations performed for the pur.
pose of defeating the provisions of the Act or of thiis Code.
SEc. 4. rStanlldardS for' Safety nd H! ea(l~th.--Every employer shall
provide for the safety and health of his employees at the place and
during the hours of their employment. Standards for safety and
health shall be submit~ted by the C'od~e AuthorityS to the Adlmin-
istrator within six (6) months after the effective dlate of th~is Clode.
SEC. 6. State Law~!s.--No provisions in this Codle shall supersede
any State or Federal law which imposes more stringent requirements
on employers as to age of employees, wages, hours of w~orkr, or as to
safety, health, sanitary, or general working conditions, or insurance,
or fire protection, than aire imposedl by this Code.
SEc. 6. Posting.--All employers shall post. complete copies of this
Code in conspicuous places accessible to employees.
ARTICLE VI--ORGANIZATION, POWERS AND DUTIES OF TRCE: CODE
SECTION 1. O'gan)ization and Coanstitutlion.--A Code Aiuthlority is
hereby constituted to cooperate: with the ALdmninistrator in the ad-
ministration of this Codle.
SEc. 2. The. Code Authlorit~y shall consist of seven (?) .members
of the industry to be selected as follows:
Members of the industry~ shall elect. the industry members of the
Code Authority by a masjorityS vote of t~he members of the industry,
provided, however, that five (5) of such members of the Code
AQuthority shall be members of the Association and two (2) of such
members of the Code Authlority shall be elected from nonmlembers of
t~he Association, if any, eligible to suc~h r~epr~esentation as provided in
Section 8 of this Art~icle.
SEC. 3. The Association is her~eby designated as t~he agency to con-
duct an election of the members of the Code Authority within twenty
(20) days after the effective date of this Code, and an~y other elections
of members of the Code Auth~ority which may thlerea~fter be held.
Members of the Code Authority\ shall be elected to serve for a term
of one (1) year or until their successors ar~e elected at the next annual
meeting of the industry. In t~he event of any vac-ancy in the mem-
bership of the Code Ajuthority, a special meeting of~ the members
of the industry for an election to fill the incomplete terms of such
members shall be called. Notice of time anld place of each election
shall be sent by registered mail to all members of the industry at
least ten days in advance of such election, and v.otinga at such election
may be by person, by proxy rb etrblo.Ec ebro h
industry shall have one (1) vo~tjyetz.lsot ahrbofe
SEc. 4. In addition to membership as above provided, there miay
be three (3) members, without. v'ote to be appointed by the Administ-
trator,, to serve for terms of from six months to one year, so arranged
that the terms do not expire at the! same timie.
SEc. 5. The representatives who may be appointed by the Adminis-
trator, together wit.h the Administrator, shall be given notice: of and
ma.y sit at all meetings of the Code Authority.
SEc. 6. Eachi trade or industrial association diirectly or indirectly
participating in the selection or activities of the Code Authority shall
(1) impose no inequitable restriction on membership, and (2) submit
to the Admiinistrator true copies of its articles of associations, by-
Inwrs, regulations, an1d any aimendmnent~s when made thereto, together
wirth such other information as to membership, organization, and
activities as the Adlmini ~trator may deem necessary to effectuate the
purposes of the~ Act.
SEC. T. In order that the Code Authority shall at all times be truly
repr~esentative of the industry and in other respects comply wit~h the
provisions of the Act, the Admllinistraotor may prescribe such hearings
as he mays deem proper; and thereafter if hie shall find that the Code
Authority is not, truly representative or does not in other respects
comprlly with the provisions of the Act! miay require on appropriate
molifi'cation in the method of selection of the Code -Authority.
SEc. 8. Members of the industry shanll b~e entitled to participate
in and share the benefits of the activities of the Codle Authority and
to panrticipa~tec in the~ selection of the membePrs thereonf by- assn~rting
to and complying withi the requirements of this Code and sustain-
ing their reasonable share of the expenses of its administ.rat.ion.
Such reasonable share of the expenses of admninistrationl shall be
determined by the Code Authnority, subject to review by the Admin-
istraltor, on the basis of volume of business and./or such other factors
as may be decemed equitable.
SEC. 9. Nothing contained in this Code shall constitute the mem-
bers of the Code AuthorityS partners for any purpose. Nor shall any
membller of the Code Authority be liable in any manner to anyone
for any act of any other member, offi er, agent, or employee of the
Code Authority. Nuor shall any member of the Code Authority,
exercising reasonable diligence mn the conduct of hlis duties here-
undier, be liable to anyone for any action or omission to act under
thisCoe, except for his own willful misfeasance or no~nfeasance.
SEc. 10.--Pouvrel' an dutieso.-T-he Code Aluthor~ity shlall have the
following further powers and duties, the exercise of which shall be
reportedly to the Adm~inist~torator ad shall be subject to his right, on
review, to d~isap~prove or mlodify any action taken by the Code
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the p~rovisio~ns of
(b) To dop~t bylaws andl rules and regulations for its proced-ure
and for the adminiit rat ion and enfor~cemecnt of the C'ode.
(c) To obtain froml members of the industry suc-h information
and rep~lorts as are requir~ed~ for the adlmin~istratioc n of the Code and to
provide for submission by members of such information and reports
as the Admlinistrator, 1 may d~eemn necessary for the purpo-ses recited
in Section 3 (a) of the Act, which information andl reports shalll be
suibmitted by members to such adminlistrative and 'or governmlentt
agencies as tlhe Ad'minlistrantor may designate; providedl that not.hinga
in this Code shall relieve any member of thec industry of any existing
obligations to furnish reports to any government agency. 'No indi-
vidual reports shall be difsclosed to any other mlember of the indus-
try or any other party except to such gover~nmental agencies as mnay
be directed by the A~dministrator.
(d) To use such trade associations andl other agencies as it deems
prope~r for thep carryi;ngr out of anyr\ of its activities provided for
herein, provided that nothing herein shl~~l relieve the Code Author-
ity of its duties or responsibilities under this Codle and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To make recommendations to the Admiinistrator for the coor-
dination of the administration of this Code with such othrJer codes,
if any, as may be related to the indlustry.
(f) To secure from members of the indu~stry~ an equitable and~ pro-
portioniate payment of the reasonable expenses of maaintaining the
Code Authority and its activities.
(g) To cooperate with the Administraotor in regulating the use of
any N.R..A. insignia solely b~y those members of t.he industry who
have assented to, and are complying wsith, this Codle.
(h) To recommend t~o the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each1 other or w~it~h other indlustr~ies andc to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
ARTICLE VII--PWmaCrryT or PRICES, TERMSF, AND CONDITIONS~J Or Sea
SECTION 1. Within ten (10) days after the effective date of thiis
Code each member of the industry shall publish his list prices and
maximum discounts applying ther~eto, terms, anid conditions of sale
on all products of his trade, each class of trade being furnished with
list prices and miaximium discounts apply'ing thereto, terms, and con-
ditions of sale affecting each such class of trade to which such list
prices and maximum discounts applying ther~eto. terms, and condi-
tions of sale apply. Coincident. with such publication, each member
of the industry shall file with the Codle Authority and the Code Au-
thorityr shall immediately distribute to all members of the industry,
a complete schedule of such list prices and maximum discounts
applyingr thereto, terms, and conditions of sale.
SEC. 2. In the evrent of any change by any member of the industry
in any list price and maximum discounts apply~ing thereto, terms, or
conditions of sale, he shall file full and complete copies of every
such change with the Code Aut~hority withlin suIch periods as may
have been designated by thle Code Authority~ but not exceeding five
days in advance of the effective date of any such change. Copies
thereof shall be immediately distributed by t~he Code AulthorityT to
the members of the industry. On the effective date of any such
change, the indlustryv member shall publish t~he same to the trade
concerned and coincidentally 61le such information with the Code
Authority for immediate distribution by the Code Authority to the
members of the industry.
SEC. 3. NO member of' the industry shall sell, pay a rebate, or allow
a deduction at any time to any person except in accordance with his
list prices and maximum discounts applying thereto, terms, and
conditions of sale then mn effect and published in the manner de-
scribed~ herein. Each member of the industry shall have the right,
individually, to publish new list prices and maximum discounts
applying thereto, terms, and conditions of sale, from time to time as
SEC. 4. NO member of the Industry shall protect a purchaser on
prior prices or d-iscount lists after new prices or discount lists shall
have been effective, unless such purchaser shall have first entered
into a binding contract. for a dleterminable quantity of the products
ofl the industry, or for a specifiedl and identified project. Copies of
all original contracts for specific andl idlentified projects and of all
orders unfilled for more thlnn thi~t~y (30) day's after entering into of
an contract for immediate dleliveryr, shall be at once filed with the
.Code Authority. Such contracts anld orders shall be kept confiden-
tial by the Codje Aluthority.
ARTICLE VTIII--TI-S DE PRACTICE RULES
GenePral De77nition.--For all purposes of t~he Code the net~s described
in this Article shall constitute unfair pranctices;. Any member of the
industry~ who shall directly or inlir~ectly, through any officer, em-
ployee! agent? or repr~esient.ative, know~ingly use, employ, or permit
to be employed anyr of sruch~ unfair practices shall be g~uilt~y of a
violation of the Codle.
Ru~le _1. Ilnaccuraiite~ Adver~~,thing.-N~~o mlembel~r of t~he industry shall
use or publish adlver~tising (wnhet her p~rintedl, radlio, display, or of any
other nature) or other represientation which is inaccurate in any
material particular or in any wray misrepr~esent any commodity (in-
cludinga its use, trade mar71k, gradle, qulality, quantity~, origin, size,
substance, character, nature, tiniish, material content, or preparation)
or credit terms, values, policies, services, or the nature or formu of the
Rulle a. '" Bait Adlcritisii~r.ng-N membller of the industry shall use
advertising or selling methods~ or credlit sterns which have t~he capazc-
ity or tendency to dleceive or mislead the cuistomner or prospective
Rule 3. Farlse Billing.--No member of the industry shall with~hold
from or insert in an11y quotationl or' inv\oi'e any~ stantemlent, that makes
it iinaccur~ate in anyr material p~articular.
1Rule 4. hil~ciafcrat Larbd-l ling.- Noo memnber of the indlus-try shall
brand or mar~k or pack; any comml~od~ity in a ny anlner whichl tends
to deceive or mnisleadl pulrt hnse rs wsith r'espect. to thle brandt, grade,
quality, quantity,, origin, size, maeterial content, or prep-aration of
Rule 5. Ilnaccu~rate Re;ftrecsc~ to Compeiy;ttritor, etc.--No member
of the industry shiall use advertising or other represen-tation which
refers irnacc~urately illnn a nnymterial particular to any) competitors or
their coimmoditie sj, prices, values, credlit sterns, policies, or services.
Rule 6. BellinI Belowe Cost.--No memllber of the industry shall
sell belowcP his cost except to meet the quoted price of lower cost
1Pursunnt to the provisions of Article V'I, the CodIe Authority shall
formulate or enuse to be formnulatedtl standard~i methods or systems of
cost accounting for use in this indusltry,, which m~ethodsu or systems
shall be adaptable to th~e cost necounting procedure of and to the
business of this industry. Suchi methods or systems shall specify the
factors that shall determine the cost for each member of the industry
pursuant to the provisions of this section. Upon approval of such
methods or systems by the Administrator, the Code Authority shall
furnish to each member of t~he industry complete details of such
methods or systems. Therea ft.er, in determining its costs, each mem-
ber of the industry shall use a cost accounting sytsem which shall be
at least as complete and detailed as the cost accounting method or
system recommended by thle Code Authority anld approved by the
Rule 7., Threats of Lalsu~ite.--No member of thne industry shall
publish or circularize unjustified or unwarrantedl threats of legal
proceedings which tend to or have th~e effect of harassing competitors
or intimidating their customers.
Rule 8. Secret or Discrim~inatory R1Tebates.--No member of the
industry shall offer or make any secret or discrimninatory payment or
allowance of a rebate, refund, commission, credit, unearned dis-
count, or excess allowance, whether in the form. of money or ot~her-
wise, nor shall a member extend to any customer any secret or dis-
criminat~ory service or privilege not extended to all customers of the
Rule 9. Belin~g on Consignment.-N~o member of the industry shall
ship goods on consignment, except under circumstances to be defined
by t~he Code Authority subject to review and disapproval by the,
Rule 10. Offering Rewards or Gratuities to Employees.--No mem-
ber of the industry shall give, permit to be given, or offer to give
anythiner of value for the purpose of inlfluencing or rewarding the
action oq any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee or the princi-
pal of such agent; provided, however that nothing herein shall pro-
hib~it t~he free and general distribution. of articles used solely for
Rule 11. Interfe~r2ce woit An~other's losvtracts.--No member of
the industry shall induce or attempt to induce the breach of an
existing contract between a competitor and hiis employee or customer
or source of supply; nor shall any such member interfere with or
obstruct t~he performance of such contractual duties or services.
Rule 12. Rep-udiatinlg Ones's Owun, Conltracts.-N~o member of the
industry shall repudiate a contract entered into in good faith when
the purpose of suchl repudiation is to create for such member an
unfair price advantage.
Rule 13. Coer~cin..-No member of the industry shall require that
the purchase or lease of any commodity be a prerequisite to thte pur-
chase or lease of any other commodity.
Rule 14. No member of the industry~ shall sell or offer to sell any
product of the industry by any false means or device which. has the
tendency and capacity to mislead or deceive customers or prospective
customers as to quantit.y, quality, substance, or size of such product
and the tendency to injuriously affect the business of competitors.
Rule 15. No member of the industry shall sell pipe nipples made
from imperfect, rejected, or reclaimed pipe unless all containers in
which such pipe nipples are sold are clearly m~arkerd indicating the
grade of such pipe, and if any pipe nipples of such pipe are sold
otherw-ise: than in containers, eac~h pipe nipple of such grade of pipe
shall be clearly marked indicating the grade of such pipe.
All quotations, inv\oices, and other commnunientions in respect to
pipe nipples of such grande of pipe shall clearly state the grade of
This provision shall not apply to pipe nipples of such grades of
pipe made prior to the effective date of this Code, but each member
of the industry shall furnish the Code Authlority within thirty (30)
days after the effective date of this C'ode a complete report of all
suchl pipe nipples on hand as of the dante of such report.
Rule 1_6. No mlembller of the Industry shall represent any product
of the industry as complying with the commercial standards for
pipe nipples promulgatedl from time to time by t~he Bureau of Stand-
ards of the United States Depar~tment of C~ommnerc~e, unless such
pipe nipples are manufactured in accordance with such standards.
ARTICLE: IX-REGISTRATION OF RIEIlBERS OF THIE INDU:STRY
Each member of the industry shanll w~ithin th~ir~ty (30)j day~s of the
effective date of this Code regi ter with the Code Authlorityg. All
members of the industry wrho may engage in the industry ther~eafter
shall likrewise register with th~e Codte Authlority. Regaistr~ation of a
m~emiberi of the industry shall include e thle full name andl mailing
address of the member. The timle limit. for the registen~tio-n by any
member of the industry may be extended wheneverr! in the opinion
of the administrator, the time limiit as pr1ovided herein might cause
an injustice to any member of the indlustr~y.
ARTICLE ~X-MoI neI)T.(.\now,
1. This Code and all the provisions th~ereof ar~e expressly madle
subject to the right of the Precidcent, in acrilcrdance w~ith the pro-
visions of subsection (b) of Section 10) of thle National Industrial
RecoveryT Act, from time to time to enncel or modify any) order
approval, license, rule, or regulatio-n is-nled under Title I of saidJ
Act and specifically, but without limlitatio~n, to thle l'~rght. of the
Pres~ident to cancel or modifiy h~is alpproval of thlis Code or any
conditions imposed by him upon his appr~oval thereo~f.
2. This Code, except as to provisions requiredl by~ the Alct, may
be modified on the basis of exrper~ience o chalng~es in circ:umstnllcces,
such modification to be based upon app~lientio~n to- the Admlinistra~t~or
and such notice and hearing as he shall spetcify, and to become
effectiv-e on approval of the President.
No provision. of this Code shall b~e so applied- as to permit mono~po-
hies or monopoh ~t i c pranct ices, or to elimIiinat e, oppress, or d iscr~i mina te
against small enterprises.
ARTICLE 11T--RICE INCREASES
WVhereas the policy of the Act t~o increase real pur~chasing power
will be made more difficult of consummnation if prices of goods and
services increase as rapidlyr as wages, it is recognized that price in-
creases except such as may be required to meet individual cost should
be delayed. But when made, such increases should, so far as possible,
be limited to actual additional increases in the seller's costs.
ARIrrCLE XiIII--EFFECTIVE DarE
This Code shall become effective on the second MIonday after its
approval by the President.
Approved Code No. 131.
Registry No. 11283-02.
urLva-rtVE T OF FLORIDA
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