Code of fair competition for the nonferrous and steel convector manufacturing industry (concealed radiator industry) as ...

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Title:
Code of fair competition for the nonferrous and steel convector manufacturing industry (concealed radiator industry) as approved on February 10, 1934
Portion of title:
Nonferrous and steel convector manufacturing industry
Physical Description:
p. 341-353 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Radiators -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1131-01."
General Note:
"Approved Code No. 271."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952825
oclc - 63655308
System ID:
AA00006941:00001

Full Text




NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



NO NFERROUS

AN6D STEEL CONJVECTOR

IMANPUFAC~TU-RI[NG INDUSTRY


UNIV. OF FL UB1.
CUMEJ8 DPT.



U~.S. BWEPOTO RY


For sale by the Superintendent of Documents, W'ashington, D.C'. - Price 5 cents


Approved Code No. 271


Registry No. 1131--01


(CONCEALED RADIATOR INDUSTRY)

AS APPROVED ON FEBRUARY 10, 1934C


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934

























This publication is for sale by the Surperintendent of Documents, Government
Printing Offce, Wash~inigton,, D.C'., and b! district offices of the Bureaul of Foreign
rand Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
At\lanrta, Ga.: 5i04 Post Office Building.
Birmingham, Ala.: 257 Federal Buildingq.
Boston, Mas~s.: 1801 Customhou e..
Buffalo, N.Y'.: Chamber of Commierce Building.
Charleston, S.C'.: Chamber of Commnerce Building.
Chicago, Ill.: Suite 1706, 20O1 North W~ells Street.
Clevelandl, Oh~io: Chamb~er of Conunerce.
Dallas, Tex.: C'hamber of Commercr e Bulildingl.
Detroit, Mlich.: 501 First National Balnk Buiildingr.
Houstoni, Tes.: Chalmb~er of 'oiniunree Building.
Indiainapoli IndJ.: Chambecr of Commerce Buiilding.
Jtacksonville, Fla.: Chiambler of Commerce Building.
KEansas Clit\-. Mo.: 1028 Balltimore Avenue.
Los Angeles, Calif.: l1163 South Broadway.?~
Louis\ille, Kyv.: 4108 Federal Burilding.
Memphis, Tenn.: 229' Federal Burilding.
M/inneapolis, M~inn.: 213 Federal Building.
New Orleans, La.: Room 22.5-A, Customnhou~se.
New Y~ork, N.Y'.: 7;34 Ciustomhouse.
Norfolk, V'a.: 4~06 East Plume S~treet.
Philadelphia, Pa.: 422 ~Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Or~eg.: 215 New Post O~ffic-e Building.
St. Louis, luo.: 506 Olive Street.
San F~rancisco, Calif.: 310 C~ustomhourse.
Seattle, W'ash.: 809 Federal Office Building.












Approved Code No. 271


COD)E, OF FAIRLY COMPETITION
F"OR THE

NONFERROUS AND STEEL CONVt~ECT`OR M/ANU-J
FACTURING INDUSTRY (COPNCEALED RAIDIATOR
INDUSTRY)

As Approved on ]February 10, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE NONFERROUS
AND STEEL GONVECTOR MANUFACTURING INDUSTRY (CONCEALED
RADIATOR INDUSTRY)
An application having been duly made pursuant to and inl full
compliance with the provisions~ of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
F~air Competition for the Nonferrous and Steel Convector Alanufac-
turing Industry (Concealed Radiator Industry), and hearings having
been held thereon anzd the annlexed report on said Code, containing
findings with respect thereto, having; been made and directed to the
President:
NOWC, TH3[EREF`ORE, on. behalf of the Pr~esident of thze United
States, I, H-3ugh S. Jo~hnson, Administrator for Industrial Rtecovery,
pursuanlt to authority vestedi in me by Executive Orders of the
President, including ExecutivFe Order No. 6j543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do fin~d that said Code! complies in all respects
with the pertinetnt provisions and will promote the policy and pur-
poses of said Tit~le of said Act; and do hereby order that said Code
of Fair Competition be and it ics hereby approved.
HUGH S. JOHNSON,
Adminz istratlor for Indutstrial Recovery.
Approval recommended:
W. A. HARRIMA.N,
Divi'sion Administrator.
WASHINGTON, D).O.,
February 10, 19341.
80352 0---376-43---34 (341 )












REPORT TO THE PRESIDENT

The PRESIDENT,
Tlhe Wh ite Hfou~se.
SmR: This is a report on the Code of Fair Competition for the Non-
fer~rous and Steel Convector 1\lanufacturing (Conceledd Radiator)
Industry~ as revised after a public hearing conducted in WaVshington,
D.C., on Decemb~er 26, 1933, in accordance with the provisions of t.hie
National Industrial Recovery A~ct.

P~ROVISIONS AS TO WAGES AND HOURS

All, except once employees, shall be paid a minimum rate of forty
cents per hour. Apprentices shall not exceed in. number five percent
of the total number of wage earners. Office employees shall be paid
a minimumn wage of fifteenl dollars per wTeek. Offce boys and girls
shall be paid not less than eighty percent of this rate and shall not
extcd in number fiv-e perc-ent. of an employer's total number of office
employees.
Haundica~ppedl workers msay be employed at wages below the mini-
mumi. Female employees performing substantially the same work
as male emlploy-ees shall receive equal pay.T A~djustment of wage
rates above the myinimum will be made withiin thirty days after t~he
alpprov'al of this Code.
Forty hours shall be the maximumi number of working hours for
any week and eight. hours for any day except during any six weeks
in a six months' periodt, forty-eight hours in one week Shall1 be permis-
sible. Executives, their staff~s and supervisors, wvho regularly receive
thi~ty-five dollars or more per w-eek, andc outside salesmen are ex-
ceptedl from1 this prov-ision. Emp~loyees engaged solely at mainte-
n~ance anid repair work, truckmen, firemen, engineers, and electricians
may work nine hiouris a day or for~tv-four hours a week, except during
any six w~seeks in a six mnont~hs' period, for~ty-eighlt. hours in one week
is permrissible. Wa tchmien shall not be emnployved in. excess of fifty-six
hours inl any one w~eek. Office emnployees, except those receiving
thirtys-five dollars per week or more, shall not. be employed in excess
of an average of forty hours per week over each period of five weeks
nor more than for~ty-eight hours in anyl one. week.
All employees, except office employees, shall be paid at th~e raut.e of
time and one half for time worked in excess of fo~t~y hours per week.

ECONOMIIC EFFECTS OF THE CODE

This industry depends chiefly on necw building. Annual sales have
decreased approximately fifty-seven percent from 1930, the peak year,
to 1932. Thte Association estimated an increase in sales of t~went~v-
e~ight perccent~ for the year 1933. Thle number of wage earners em-
pla~yed by thlis indcustryT decrleased~ twenty-five percent from 1930 to

(34E2)






343


The maxrim~umr hours as provided by this Code will not reabsorb
all t.he former employees, bult a substantial increase in the demannd. for
the products of this indu~stryS follosedl by an increase in man-hour
requirements will stimulate emp-floyment. T~he Code provision that
wnge~s above the m~inimumn shall be equitably a~djusted is expected to
cause a material increase in pDurchasinig pow~er. Trade practice. pro-
visions of the Code are expected to remedy many of thet industry evils
that have been prevalent in. thie past.
FINDINGS
The Deputy Adm~inistrator in his final report to mre on said Code
having found as herein-- set forth and on the ba-sis of all the proceedings
in this mat ter:
I find the t:
(a) Said Code is well designed to promoter the policies and purposes
of Title I of the N~ational Industrial Recovery Act, including removal
of obstrlct~ions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof and will provide for the
ge~neral welfare by pr~omoting the orgaanizat~ion of industry for the
purpose of cooperative action among the trade groups, by indlc~ing
and maintaining united action of labor and management. under ade-
quate governmnental sanctions and sulpervisionl, by elunmiatmng unfair
compet.it.ive practices, by promoting the fullest po~ssible. utilization
of the present productive catpacitly of industries, by avoiding undiue
restriction of production (except as mnay be temporarily required),
byT increasing the consumption of industrial and agricultural prodlc~ts
through increaPsing purchasing power, by .reducing and relieving un-
employmlent, by :improvingr standards of labor, and by otherwise
reha.bilit.atingr industry.
(b) Said Industry normally emlploy~s not more than 50,000
employees; and is nlot classified by me as a major industry-.
(c) The Code as approved complies in all respects `with the pert ine~nt
provisions of said Title of said Act, including wIit~hout limitation Sub-
section (a) of Sec tioni 3, Subsection (a) of Section 7, and Subsect ion (b)
of Section 10 thereof ; and that the applicant alssocilt~ion is an industrial
aLssociation truly representative of thae aforesaid Industry; and that
said association imposes no inequitable restrictions on admission. to
membership there~in.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not elimlinate or oppress
ma~ll enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process hav-e not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, I have approved this Code.
Respectfuly,
HEJUGH S. JoHNSON,
Adm ; initratfor.
FEBRUARY 10, 1934.












OODE OF FAIlR COMPETITION FOR THE NONFERROUS
AND STEEL CONVECTOR MANUFACTURING INDUSTRY
(CONCEALED RADIATOR INDUSTRY)
ARTICLE I--PiavoSES
1. Tio effectuate the policies of Title I of the National Indtustrial
Recovery Act, the following provisions are established as a Code of
F~air Comnpetition for the N\onf~errous and Steel Convector Mlanu-
fact~uring Industryl (Concealed Radiator Industry), and shall be the
standard of fair comlpettiionn for such industry and shall be binding
upon every member thereof.
ARTICLE II--DEFIN'ITIONS

1i. The, terml "Nronferrous and Steel Convector M~anufacturing
Industry,"" as u~sd hereinr, includes the manufacture, and the as-
semnbling and sale by7 the mannufact~urer, of Nonferrous and/or Steel
Convectorsj (concealed radiators) used for st~eam or hot-water heating;
a~nd suc-h related branches or subdlivisions as may fromr time to time
be included under the provisions of this Code by the President of the
United States, after such notice and hearing as he may prescribe.
Where! a question arises as to whether a gprtic~ular device is or is not a
'Nonferr~ous or Steelc Convector, thre dlecision shall rest wit~h the Code
4u thori ty hereinafter defined, .subject to the approval of the
Administrator.
2. T~he term "M~ember of the Industry "' includes, but without
Judatfion any, individual, part~nership, association, corporation, or
other form of e~terpriset engaged in the industry, either as a~n em-
ployer or on his or it~s own behalf.
3. The term "Mhember of the Code'" as herein used, means and
includes any nembier ofi the industry whko shall expressly subscribe
to this C'ode.
4. The term n"Code Authority as herein used, shall mean the
Code Au~thority established in Ar~t~icle V'I of this Code.
5. T'he terml "Emnployee"~, as usedl herein, includes any and all
persons engaged in thEe indlustry how-ever compensated, except a
"Mlemnber of the Industry."'
G. The term "President"~", "~ct,'" and "A~dministra~tor",I as used
hIerein, means respectivelyr, the; President of the United States, Title
l of the Na tional Industrial Recovery Act, and the Administrator for
Industrial Reco~veryv.
7. The term "As~sociatfion" as used herein, means thG "'Concealed
Hea ter Associ t ionl. ".
ARTIc'LE: 111-- 10URS
SECTION 1. No emlployee, excluding accounting, clerical, and office
employees, shall be employed in excess of forty (410) hours in one
week, or eight (8) hours in any tw-enty-four (24) hour period, except
(344)






345


that during any? six (6) weeks in, any six (6) months' period emlploy3ees
mlay be emlployed not more than forty-eight. (48) hlour~s per week,
providing one and one half tim~es the normal rate of pay- shatll be paid
for hours worked in, excess of eight (8) hours per day and forty (40)
hours per week. TIhe foregoing limitations shall niot apply to:
(a) Executives, executives' staffs, and supervisors who recgularly
receive( thirtyt-five (35) dollars or more per w\eeki.
(b) Outside sales and serviice mein.
(c) Emnployees engagedl solely at m~aintenance and repair work,
truickm~en, firemen, engineers, and electricians who may be permi tted
to w.orkr not mnore~ than nine (9) hours inl any one day or forty-four
(44) hours mn any one week. These employees many also be permittedc
to work forty--eight (48) hours per week during anly six (6) wveekrs in
anyV six (6) months' period. One and one half times the: normal
r~at'e of pay shall be paid for hours worked in excess of eight (8) hours
per day and forty) (40) hours per week.
(d) W7atchimen, wvho mayr be employed not more than fifty-six (56)
hours in any onre (1) week, except watchmnen inl closed plants to whom
this limitation shall not. apply.
(e) Cases of emerlgelc~y such as the production of equipment or
repairs for break-down service, or where the restriction of Ihours of
skilled workers would unavoidably reduce production or limit the
w-orki available: to other wvor~kerj.
S.2.No a~ccounting, clerical, or office employee shall, be em~ployed
inJ excess of lan average of forty (40) hours a wreekr over a calendXar
five (5) weeks' period, nor more than forty-eight (48) hours in anly
one w\eekc.
SEC. 3. N~o emplPoy~er shall knowingly permit any employee to work
for anyT time which, when totaled with that already performed with
another employer or employers, exceeds the maximum~ permitted
herein.
ARTICLE IV-WVCAGES
SECTION 1. N~o employee shall be? paid at less than the rate of
forty (40) cents per hourl, exIcept that:
(a) Accountingo, clerical, an~d office employees mray be paid at not
less than $15.00 per w\eeki.
(b) Office boys and office girls may be paid at not less than eighty
(80) percent of the applicable above provided minimum wage for
accounting, clerical and office employees, provided that the total
nlumber o~f such onice boys and girls receiving less than such mnini-
mumn wage shall not exceed, in any calendar month m~ore than fi-ve
(5) percent of the total office, employees of the employer, except that
anly employer ma~y emnploy at least two (2) such persons as above
provided.
(C) Nothing in this Article IV 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. At no time
shall new apprentices be .dmitt~ed to apprenticeship by any employer
wThen such action wrill br~inga their total number to modre than five (5)
percent of thne total numnber of employees of such employer.
SCEC. 2. TlChis Article establishes a minimum rate of pa~y which shall
apply, irrespective of whether an employee is actually compensated
on a time-rate; piecework, or other basis.






346


SEC. .7. Tile COde .Authority mnay present for approval of the
Admlinistrator, after notice and hearing, recommendations as to
upwrard aidjustnment.s in minimirumn wages for specific localities.
SEC. 4. Equitable adjustment of compensation of employees receiv-
ing more than the mIiirnimum rates of pay herein prescribed shall be
made by all emiployers~ who have not heretofore ma~de such adjust-
ments, and all empljoyers shall wvit~hin sixty (601) daysg after iloproval
of ths Codle, report in full t~o thle Code Aiut~hority concerning such
adjustmecnts whether made prior to or' subsequent, to such approval,
providecrd, hoeve~-rl, that. mn no event shall hourly rates of pay be
red uced.
SEc. 5. Female employees performing subst~antially thle same
worl'k as mnale emnployees shall r~eeive t~he same rate of pay as male
employ-ees.
SE(c. G.~ A personn whose ear~ninig capacity is limited because of age
or phy-sical or other hanndic~aps m~ay be employed on light w-ork at a
wage below- the minimlum establlis'hedi by this C~ode if the emnployegr
obtains from the State aiuthor~ity designated by the United States
Departmelntl of Labor a certificate auithorizing his employment at
suach ags and for su~ch~ hours as shall be stalted in thie certificate.
Each emp~lloyer shall mintailt-in on file with the Code Authority a list,
of all such persons emplloy~ed by himl.
SEC. 7. W~ag~es shall be exempt from any paymlents for pensions,
insurance, or sickr benefits other than those vorluntarily paid by the
wage earners, or required by St~at~e laws. 1Yages shall be p~aid at
least at the enld olf every~ two-week period, and salaries at. least at t~he
end of every month. No employers shall withhold wages.
~SEC'. 8. Thle employer or his agent shell accept no rebalt.es directly
or indir~ect~ly on suchw~nges nor g'ive anythingq of varlue~ or extend favors
to any per~snl ~for the purpose o~f influencing rates of wages or t.he
working co~nditions of his employees.
AnnTC'LE V---GENERAL T-ABOn PntovsIONsj
SEC!TION 1. No p~ers-on under sixteen (16) years of agpe shall be
emnployed in .the industry. 190person under eighteen (IS) years of
age shasll be employed at operations or occupations which are hazard-
ous in nature or dalngrerours to health. The Clode Aluthor~ity shall
subm~rit to the Administrator before Alfarch 1st, 19341, a list of such
operations or occupations. Inr any State an employer shall be deemed
to havre complied wcith, thtis pr~ovision as to age if he shall have on file
a certificate or permit duly signed by the authority in any Statte
empowered to issue employment, or age certificates or permiits showing
that the employee is of~ the required age.
SEC. 2. In compliance with Section 7 (a) of t~he Act it. is provided
thaat:
(a) Employees shall have the right to organize and bargain col-
lect.ively through representatives of their own choosing, and shall be
free fromt the interference, rest~rait, or coercion of employers of labor,
or their agents, in the desiganation of such representatives or in self-
organizattion or in other concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.






347


(b) No employee and no one seeking unemployment shall he required
as a condition of empiloymenlt to join any company InuiOnl or to refrain
fromt jounng, organizing, or assisting a labor organization of his ow~n
choosing.
(c) Employ-ers shall comply w3ith the maximumn hours of labor,
minimum rates of pay, and other conditioner of em;ployment aIpproved
or prescribed by- the Presiden~t.
SSEC. 3. NO emlployer shall reclassifyl emrplo- ees or dulties of occu~-
pations performed or enlgage in any other subterfuge for the purpIose
~of defeatingr the purposes or pr~ovisions of the Act or of this Code.
SEc'. 4. Every employer shall malfke. reasonable provisions for the
safetyv and health of his emlployees at the place and during the hlours
.of their employment.
SEC. 5. N~o provision in this Code shall sulpe~rsede any State or
Fede~cral law which implloses more stringe~nt I~requiremenolts on emnployers
as to age of e~mployees, w~ages, hours of! wvork, or as to safety, sa~nitary,
or ge~nernl wvork~ing conditions~, or insuiranlce, or fire protection, than
aire imposed by this Codle.
SEC. 6. All emnployers sha~ll post complete cop~ies of the labor pro-
visions of this CodJe in conspicuous plazces accessiblej to emlployees.
SEC. t7. N'o emlployet e shlall be permlit tedl to workr more than six (6)
days in any seven (7) day period.


ECTrION 1. To furtther effecctuate the p~olicie~s of the Alct, a Code
Authority is hlerebly co~nstituted to cooperate writh the Adm~ninistrator
in the admninis~trationo of this Code.
SEc. 2. The Code ~uthor~ity shall consist of the~ memb~er~s fromt
time to time of the Executive Conunllittee lof the As~sociaition, prov-ided
for in the: bv-laws~ of the Association, together with a m~embuer selectedc
Lat large fro;;n the Indus~try. In addition to membe),rsh~ip as atbovec3 pro-
videud, there may be nrot mlore than three (3) membec rs, without vote~,
without exspense~ to the Industry, to be appointed by the Adrninis-
tLrator, to servec for such term or term~ls as he miay sp~ecifyr. Nico two
mr~e~mbers of t~he Code Alt~hority- shall be afmiiatedt with anyp single
member of thre Industry.~
SEC. 3. The Als oeiatio~n is hereb~y designated as the tag~ency to con-
duct. an election! of the Member- at large of the Code Authorityr by
memblers~ of the InldustryT w\ho are not mlnlember of the As~soc~iation
within fifteen (15) day-s after the effective date of this Code, and any
subsequent elections for the slc~cessor~s of sIuch- Member at large.
Such member shall be elected to serve for a term of one (1) ya.I
the event that the position of M~ember at lairge on the Code Authorit~y
b~comles vacant, a- s~peial meePtilm shall be called for an election to fill
the vaucancyv. Notice of the timei and place of all, elections shall be
sent. by registered mail, at least ten (10) daygs in advance of any elec-
t~ion, to all members of the Industry wvho ares not mlembers of the Asso-
ciation and w~ho are registered w5ith the Secret~ary of the Aissociation
and voting at such election mnay be by p~ersonl, by proxy, or by let-ter
ballot. Each mlemberr of the IndustryS wh~o is not a mlemberr of the
Association shzall have oe~ vote. A plurality of thle number o~f votes
cast shall be necessary for election.






348


SEc. 4. The Code Autho~rity shall have the following further powers
and duties to the extent permitted by t~he Alct, the exercise of which
shall be reported to the Administrator.
(a) To insure thle execution of t~he provisions of this Code and pro-
vide for thre compliance of the indulstry- with the provisions of the Act,
subject to such rules and regulations als mayv b promulgated fromt time
to time by the Admrinistra t~or.
(b) To adopt bylaws and rules and regulations for its procedure and
and for the administ~ration and enforcement of t~he Code.
(c) To obtain froml melberss of thl~e Industry such information and
reports swornn or unswoln as the C'ode Auithorityv may specify) as are
required for th~e admrinistrla tion of th~e Code. N~o individual inlforma-
tion, statistics, or reports shanll be disclosed to any other member of
the Industry or any other part!: except to Fsuch governmental agencies
as may be directed by thle Admiiinistrat~or.
(d) To use suich trade associations and ot~her agencies as it deemis
proper for the carrying ouit of any of it~s activities prov-ided for herein,
provided that nothing her~ein shlAll r~elieve the Code Authority of its
duties or respon~sibilities under this Code and that such trade associa-
tions and agencies shall at, all times be subhject t~o and complyv with the
provisions hereof.
(e) To make recommenltldat~ions to the A~dmninistr~ator for the coordi-
nation of the administration of this Code with sulch other codes, if any,
as mla~y be related to the Industry.
(f) To secure from members of t~he IndustryS an eqluitab~le and pro-
portionate payment of the reasonable expenses of maiintaining the
Code Aluthority aind its activities.
(g) To coop~erat~e with the Admninistrato r in regulating the urse of
any N.IR.A. insignia solely byL those mnembers of th~e Indurstlry who
have assented to, and are complying with, this Code.
(h) To recommendn to the Adm~inist~rator further unfair trade
practice provisions to govern members of the Indus~try in their rela-
tions with each other or with other industries and to recommecnd to
the Administrantor mieasures for indulst~rial planning, including stabili-
zation of emiploymient.
S~EC. 5. I~n order that the C'ode Auithorityv shall at all times be truly
representative of the Indust~ry and in other respects com~ply w\ith the
provisions of the Alct, the Adjministrator mAy provide such hearings
as he may deemn proper; and thereafter if he shall find the Code
Authority is not truly: representative or does not in other respects
comply w~ithr the provisions of the Act, may require a~n appropriated
miodification in the method of selection of the Code Authority, or any
sub-Code Authority.
SEC. 6. Eachn trade: or inldustrial association directly or' indirectly
participating in the selection or activities of the Code Authority~ shall
(1) impose no inequitable restrictions on mnembership, and (2) submit
to the Admlinistrator true copies of its articles of association, bylaws,
regulations, and any amendmrnt~s when mande thereto, together with
such other informautlonn as to membership, organization, and activities
as the Administra~to r may deem necessary to effectuate the purposes
of the Act.
SEc. 7. In addition to the information I~required to be submitted to
the Code Authority and t~he Administrator, there shall be furnished t~o
government agencies such statistical information as the Admninistrator






349


mnay deem necessary for the purpose recited in action 3 (a) of the
Act..
SEc. 8. Members of the Industry shall be entitled to participate in
and share the benefits of the activities of. t~he Code AuthorityT and to
participated, in the selection of the members thereof, by as~senting to
and coniplying with the requirements of thiis Co~de and sustaining
their reasonable share of the expenses of its a~dministration. The
reassonable share. of the expense of admiunist ra tion sh-all be determiined
by ~the Codec Authorityr, subject to review by the Admiinistrator, on.
thle basis of volume of business and/or such other fa~ctors as may be
deemed et uitable to be taken into considerations..
SEC'. 9. ONt~hing contained in thiis Code shall conslltitute the mem-
ber~s of the Code Aiuthority partners for any purpose. Nor shall this
Code be c~onst rued to render a ny member of the Code Au:tho~i ty liable
in any ma~nner to anyone for any act of any other mnember, officer,
agent, or employee. of the Code Authorifty. Nor shall this CodCe be
construed to render any mnemrber of the Code Auth-ority, exercising
reasonable diligence in the conduct of his duties hereunlder,, liable to
anyone for any action or omnissio~n to act under this Code, except for
his" ownu wrillful mistenlsance or nonfea~sance.

~ARTICLE VII--SPECIFIC TRADE PRACTICES
RVLE 1. ]Each member of thle Industry shall publish and make
available, aet aill times, to each class of purchasers w\it~h whom he does
businesss` a pr~in ted price sheet. showing t~he net trade price of all types,
varieties, and sizes of conceal~ed radiators, ne~cessories, and appurte-
nances regularly on sale by hin; together with anly and all discounts,
including~ csl~h arndl/or quarcnti;ty discontsn tran~sp)orfta)ion terms, guar-
antees, and any other terms or conditions which ma!y affect the net
cost of any listed article to the purchaser of the class to which the sheet
IS ISSHue.
`RELE 2. All published price sheets shanll be plazinly dated and sia~ll
be considered published when filed in printed form w-ith the Code
Aut~horityJ in suffic~ient, numbers for distribution to all M~emblers of
the Industry.
"RULE 3. A1y 1Member of the Industry, ulpon publishing a price
sheet, shall immelidia-tely distr~ibute. the same to his regular customers.
.RULE 4. A Mfember of the Industry may publish revised price
sheets fromn timae to time, as marIket cond~itiallis shall w~ar~rant.
RULE 5. ~All pubhlished price sheects shall be plainly malrkeld,
"Subject. to change without notice ".
RULE 6. Dif'er~ent classes of purlchaser~s and thleir trade privileges
are recognized, bute it is deemedl essential to th~ pr~ev-entionl of umfair
trade practices to adopt a uniformly method of clinssificatio~n as it affects
t~ransac tions in this Indulstry.. F'or this pul~rpose the fo10\lloin cl'A~Ses
only are recognized.
(a) Contractor is one w~ho is r~egularly e~ngage ~ -in the bus~ine~ss of
installing steami or hot, water hieating systems and equipment, includ-
ing concealed radiators, for tfhe purpochseofresa nle t poit.F rl
State, County, and Municiplpuhars inldn subdivisions
thereof such as School Boards, Park Commislsions, and the like, mlay
be classic fied as C'on tra ct ors.
(b) Jobber is one who is regulazrly engaged in the business of
buying and reselling steaml and hot water heating materials and equip-






350


mnenrt, incrludinga concealed r~adia~tors, in and out of stock, but who does
no installing orf the materials and/or equipment sold. Manufacturers
purchaesing concealed radiators for resale as part of their equipment
may be classified as jobber~s.
(c) Distr~ibultor is one who is regularly engaged in the business of
buying and reselling nonferrous and/or steel convectors as a jobber,
but who is Ilmder contract with a particular manufacturer to sell said
manufacturer's line of nonferrous and/or steel convectors to the
exclusion of other nonferrous and/or steel convectors, and who agrees
to conlformr to al 1swful limitations and restrictions upon methods of
sale contaRined in said contract.
RULE 7. ~Nothing therein contained shall be construled to prevent a
Member of the Industry, from selecting his own customers andt the
classes of customers through whoml he wishes to market his goods,
but it is deemed conduicive to unfair mecthods of competition to dis-
criminate between pur~chaser~s of the samell class, or to discriminate
hbetween thle several recogmllzed classes of purchasers on other than a
uniform basis. To effectualte this policy:
(a) The heating contractor, as the commronly recognized dealer in
this class of materials, shall bEt sold at t~he publishedl net trade price.
(b) The jobber, who~ in~ turn serves theP heatingr contractor, may be
extended a d~iscoulnt., provided thie miember extending said discount
issues a publitshed price sheet. to johbbrs showing said discount and
extends thie same discount to all jobbers with whlom~ hre does business.
(c) The distr~ibutorr (as provided in Rule 6 (c:)) may be extended any
discount the member e~lec ts t~o e\t end, provid ed the -member ex tending
said discount issues a pu~blishe~d price sheet to distributors showing
said discount, andi extends thle same1 discounlt, to all distrlibut~ors with
whom he does business.
RITLE 8. Ilh6 conventionall tra~de practice of allowing quantity
discounts is considered r7t~ional and fair provided it is based on a
quantity bought on one order, thus resulting in a saving in cost to t~he
manufacturer and his distributor, and provided a uniform schedule
is adopted and is extended alike to al!l purchaser~s of all1 classes. A
m~embe~r of the industry- mlay, or may not., at, his option extend quantity
discounts, but if he does, it shall be in strict accordance with the
schedule printed on his price sheet together wvith the statement that
it applied to all purchasers where t.he units are bought on one order
and are shipped anld invoiced at. one time, provided, however, that
quantityS discounts may be allowed on invoices covering partial
shipments of an order when:
(a) The manufacturer is unable, for reasons beyond his control, to
muake shipmenlt of complete order at, one timle.
(b) The order is for units to be installed in one building or group
of buildings for which the contract was let, prior to t~he time t~he
order was placed and w~hen the equipment must be shipped as the
building construction progresses.
(c) Nothing in (a) and/or (b) is to be construed as permitting
blanket orders for indiscriminate lots for the purpose of defeating
the intent, of Rule 8. Part~ia.1 shipment invoices must clearly be
marked as such. It shall be deemed an unfair trade practice to
extend quzant~ity discounts on any other basis.
RITLE 9. All sales of concealed radiators, accessories, and/or
appurtenances shall be made on the basis of a written quotation or






351

bill of sale. Said quotation or bill of sale shall be properly dated and
shall be in~ accordance with the. current published price sheet aind shall
be so :itemlized as to enable t~he checking of the same from the current
published pri-ce, sheet..
RULE. 10. It shall be deemed an unfailr ethodl of competition to
sell or dispose of a concealed radiator, alccesory, or appurtenance on
any lower basis than that of the c urrent published price sheet, less
such discoulnt~s as apply under these Rules.
RU1LE 11. It shall be deemed an. unfair method of competition to
mak~e a particular sale of concealedl radiators, necessor~ies, or appurte-
nances contingenlt upon the sale of any other goods or mafterinls.
RULE 12. It, shall be deemed an unfair meth~od of competition to
mark or brand any product of th~e industry in any ma~nner which has
the tendiency to mislead or decei ve cu stomers or pr~ospec t ive curstomer~s
as to the substance, grade, quality, size, quatnt~ity, origin, or preplran-
tion of any product of the industry- sold or offered for sale.
RULE 13. It shall be deemed an; unfair mlethodl of competition to
makfe or cause or permit to be made or published any false, untrue, or
deceptive state men t by- way of advert~isement or othelsrwise c~oncerning
the materials of constru~ct ion usped in, the operating char~e ter~istics of
or the quality, size, origin, or preparation of any products of the in-
dustr~y sold or offered for sale.
RULE 14. On and after Septem!ber 1, 19324, all ratings of performn-
a~nce of concealed r~adia~tors shall be in accordance within the Code for
Testing aind Rating Concea~led Radliators a~s established by the Ameri-
can Society of H-ea ting &e Ventilalt ing Engrineers.
Run3E 15. TheC right of any' manR~uffatrer' of concealed rad~iators to
build special sizes or types on special order is recognized; but as such
units are more costly to build and should sell for higher pr1ices thanm
his regu~lacr line, it shall be deemed an unfair method of competition
to sell any special or custom-built concealed radiators at the same
price or less per unit of rating than, the nex t nlearest size and ty pe of the
manufacturers' regular line.
RULE 16. It shall be dteemledl an unfair trade practice to sell con-
cealed radial tor~s less certain parts on a basis other th-an that by which
the deduction for parts is pr~oportional to the net cost to the mainu-
fabcturer of the parts, or to sell separa te parts, except for replacement,
on: a manrk-up less t~han thaet emp~loy~edr in, det~ermnining thze price of the
complete coicealed- radiator.
RULE: 17. lIt Shatli be d~eeme1Id an unfair trade practice to necept,
blanket orders; thter~eforec, all quotations and orders muust specify an
itemized bill of goods. If, after a quotation has been made, the
snpecIfie Trequirem~nts are changed, a new qulotation shall be issued
based upon published prices pr~evaliling at that time. If, after an order
has been accepted thle requirements are changed, deductions shallT be
credited on the basis of published prices prevailing at the time, order
was placed and additions shall be charged at the prices prevailing
at the tirne additions are mnade~.
RU.LE 18. W~itifh respect to that portion of his product which is
within the industry, every employer shall use an accounting: system~ for
the purpose of determirning allowa ~tble cost which conformns to theprin*
ciples of, and is at least as detailed and complete as, thleunor
melthod of accounting, and the uniform method of costing, to be formu-
lo t.ed or approved by the Code Authorit~y and the Administrzt~or w~ith






352


such a~rialtions thlerefromi as mayS be required by t~he individual condi-
t~ions affecting any employer or group of employers, and as may be
approved by t~he C~ode Authorit~y and t.he Admlinistrator.
RULE: 19. NO employer shall sell or exchange any product of the
tIndstr, manufactured by himn, at a price, or upon terms and condi-
tion, wich vi~ll esult in the purchaser paying for the goods received,
less than the allowable cost thereof to the seller, determined in accord-
ance withn a, uniforml method of costing above described; provided,
however, that dropped lines, or seconds or inventories which must be
converted into enshi to meet emergency needs may de disposed 0f by
any employer, at any price and on any terms and conditions, but only
i~f such emlployer, not. less thann ten (10) dlays before such disposal, has
filed with Code Authority, a statement in writing, setting forth the.
fact of, and reasons for, such proposed disposal, and Code Authority
has not, before the termnination of such ten (10) days' period, in writing
disapproved the proposed disposal; and provided further, that a
member of thet industryv selling, or w~ishing t.o sell, below his own
allowable cost to meet the comlpetitionl of a. competitor whose all~ow-
able costs are lower, may dlo so provided that he has first, so reported to
the Code Authority and in such report has cited t~he competition which
caused him. to take such action, and provided he publishes a revised
price sheet. Nothinig herein shall1 be construed to relieve a member
of the Industry from strict adherence to Rule 9.
RULET. 20. Consinmeant, of goodsj or delayedp. blling shall be deemed
an unfair trade practice, except under conditions prescribed by t~he
Code Authority.
RULE 21. It shall be deemed a violation of these Rules to enter
into or be a party to a written or verbal agreement or understanding
which serves directly or indirectly to affect t.he price or terms of sale
establishedl by a current published price sheet, or which serves in any
w~ay to defeat the spirit and purpose of these Rules. However,
nothing herein contained shall be construed to prevent a member of
the industry from cooperating with. or instructing prospective pur-
chasers as to t~he proper application or installaltion of said member's
products.
RULE 22. A violations of any of the rules in thlis Art~icle V'II shatll
be deemed an unfair method of competition.
RULE 23. No member of the industry shall give, permit to be
given, or dlirectly offer t~nmoP giv, nyhing of value for the purpose of
mnfluencmng or rewairdmng the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal, or party. Com-
mercial bribery provisions shall not be construed to prohibit free and
general distribition of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinbefore defined.

ARTICLE: VIII-GENERAL PROVISIONS
SECTION 1. No provision of this Code shall be construed or applied
in such a, manner as to--
(a) Promote or permit monopolies or monopolistic practices.
(b) Permit or encourage unfair competition.






353


(c) E~liminate, oppress, or disc~rniminte against small enterprIis es.
SEC. 2. This Code is hnerebyl) exp~ressly ma~de subject to the right
of t~he President, pursuant to Section 10 (b) of Title I of the National
Industrial Rtecovery Act, from time to timre to crlncel or modify
any order, approval, license, rule, or regulatfion issued under Title I
of said Act, and specifically but without limita~tion to his r~ight to
cancel or mnodify his order approving this Code, or anly conditions
imposed by him upon. such approval.
SEC. 3. 1118 @crde, except as to provisions required by the Act,
mayv be modified on the basis of exper~ience or cha~nge in circ~ulumstances
such~ modifications to be based urpon anpplication to thie Administrator
and such notice, a nd hearing as he may specify, and to become effec tive
on approval of the Admninistraltor. Any sucl application mayLS be
made by the Code Aurthority.
SEC. 4. If the Administrat~or hal~nl d-eter~mine that any action of
the Code Alutho~it~y or any agency thlereof is unfair or unjust or
contrary to the public interest, the AIdministrtntolr may require that
sulchi action be suspended for a period of not to exceed thirty days
to afford an opportunity for invecstigantion of the merits of such action
and further consideration of the Code Authority or agency pending
finall actions, wrhichl shall be tak~en only ulpon approval by the
Adm~in ist raltor'.
AR lTICLIE IXkT
TIhis Code shall become effectiveo on the second Mionday after its
approval by the Precsiden,
Approved Code No. 271.
Registry No. 1131-01.




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