Code of fair competition for the warm air register industry as approved on on June 28, 1934

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Material Information

Title:
Code of fair competition for the warm air register industry as approved on on June 28, 1934
Portion of title:
Warm air register industry
Physical Description:
p. 145-160 : ; 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:
Heating -- Equipment and supplies -- United States   ( lcsh )
Furnaces   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

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. 1118-12."
General Note:
"Approved Code No. 472."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952634
oclc - 63655223
System ID:
AA00006991:00001

Full Text

'I
Ear sale by the Superintendent ofDocumenia, Washington, D.C. - Price 5 cent


Approved Code No. 472


Registry No. 1118-12


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



WARM AIR

REGISTER INDUSTRY


AS APPROVED ON JUNE 28, 1934


WE DO OUR PART


UN 0/. O


UNITED STATES
GOVERN1WIENT PRINTING OFFICE
WALSHINGTON: 1934

























This publicat~io~n is for salle by thie Superintendecnt of Doc~uments, Government
Printing Office, W'ashington, D.C., and byS district offices of the Bureau of
Foreign andl Domestic Commerce..
DISTRICT OFFICES OF THE DEPARTMENT OF CO3131ERCE
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Chicago, Ill.: Suite 170.6, 201 Northl We'lls St~reet.
ClevFelandc, Oble: Chambler of Comlmelre..
Dallas, Tex.: Chlambet r of C'ommller~ce Building.
Detroit, 1Mich.: 801 :First Nationa~l Ba~nk Building.
H~ouston, Tex.: C'hamberjr of Com~merce Building.
Indianllpoclis, Inld.: Chambrer of Co~mmerce Building.
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KSansas City, lno.: 10)28 Baltimore Avenue.
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Memphis, Tenn.: 229 Fedceral Build.ing.
M~inneapo~lis, Mlinu.: 213 Federal Building.
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New(P York, N.Y.: 784 Custombouse.
Norfolkr, Va.: 406 East Plume Street.
Phliladelplhia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chambe-r of Commerce Building.
Por~tlanld, Oreg.: 21_5 ~New Post Ofic~e Building.
St. Louis, Mo.: 50!6 Olive Street.
San. Franois-o, Calif.: 310 Customhouse.
Seattle, Waosh.: 809 Federal Office Building.













Approved Code No. 472


CODE OF FAIR COMPETITION
FOR THE

WTARMI AIR REGISTER INDUSTRY,

As Approved on June 28, 1934


ORDER

APPROVING CODE OF FA\IR COMIPETITION FOiR TITE TRARar Arre REGISTER
INDUSTRY

An application having been duly made pursuant to and in full
compliance wFith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Wanrm Air Register Industry anld hear-
ings having been duly held thereon andi the annexed report on said
Code, containing findings wvith respect thereto, having been mafde
and directed to th~e President:
NOWV, THE~REFORE, on behalf of the Presid.ent -of the UTnited
States, I, H~ugh S. Joh~nson, Admilinistrator for Industrial Recovery,
pursuant to authority vested in mne by Exsecutive Orders of thle
President, including Executive Or~der Njo. 6i543-A~, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of saidl Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved, with the excep-
tion of the proviso in Sub-Section bs, of Sction 1, of Artcle XI.
which is hereby deleted and provided that thle provisions of A~rticle
VIII, Section 11, be and are hereby stayed for a period of sixty
(60) days and thereafter, unless during such period good cause is
shown wShy such stay should not be made permanent, and I, by may
further order, otherwise dir~ect.
HoonH S. JoHNSON,
A dm~in~istatolr forT IndEustrial: Reco very.
Approval recommended :
BARTON VY. DIURRAY,
Acting Dbrlision Addminisctrator.
Wagsm~Noro, D.C.,
Julne R8, 193j.
710514*-65 7-164S-- --34-1 (145)













RIEPORTL TO TH`E PRESIDENT


The PRESIDENT,
~The White House.
SmR: This is a report on the Code of Fatir Comnpetition for the
Warm Air Register Industry as revised after a public hearing,
conducted thereon in W~ashingtonl, D.C. on Janu~ary 25th, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
PROVIBIONSM AS TO WACES AND HOURS

All employees shall be paid a minimum rate of forty cents per
hour except. offce employees, and except bona fidle appr~entices wfho
shall not exceed in number five percent of the total number of factory
employees. Accounting, clerical and office. employees may be paid-
at nrot less than fifteen dollars per wnceek. Office boys and girls mary
be paid not less than eighty percent. of this latst rate and shall not
exceed, in any calendar monthn, five percent of the total office em-
ployees of the employer except that any employer may employ at
least two such pe~rsons.
Handicappedr workers may be employed, when properly certified,
at light w~orkr, at a wage~ below the mmimnum. Female employees
performing substantially the same wFor'k as male employees shall
relce~ive equal pay~. Adjustment of wage rates above the minimum
by all employers who have not heretofore made suchl adjustments
shall be m-adle forthwith and in no event shall hourly rates of pay
be reduced. RTleport inl full of all adjustments shall be made within
sixty days.
Forty hours shall be the maximum number of working hours for
any week and eight hours for anly day except that, exclusive of
accoulntinig, cler1ical or office employees, during not to exceed six
weeks in any sixr months' period, forty-eight hours in one week
shall be permnissible providing one and one half times the normal
rat ofpayshall `be paid for all time in excess of eight hours per
dae andforty hours per weei. Those employ~ed in executive and
mnnagrerial capacity anld service engineers, w~hen and as long as
their expenses are paid by their employers, wrho regularly receive
thirty-five dollars or more per week and outside salesmen are ex-
cepted from this provision. Employees engaged solely at ma.inte-
nance and repair workr, truckmen, Siremenl and engineers may work
nlot more than nine hours in any one day, or forty-four hours in
any one week, except thant they may work not more than forty-eight
hours per week~l during not more than six weeks in any six months'
period. One and one-half times the normal rate of pay shall. be
paidl for hours worked in excess of eight hours per day and forty
hours per week. ~Watc~hmen are excepted and shall not be employed
mn excess of fifty-six hours in any one weekz, except watchmen in
(14c)






147


closed plants to whom this limitation shall not apply. Exception
is also provided, as regards maximnum hours, for cases of emetr-
gency or where restriction of hours of skilled workers would un-
avoidably reduce production or limit work av\ailable t~o other work-
ers. No employee shall be permitted to work more than six days
in any seven dayS period. No employer shall kinowringly p~ermit any
employee to work for any timne which,1 when totalled w-it~h that l
ready performed wFith *another employer or employers exceeds the
maxima permitted heremn.
ECONOMIC EFFECTSj OF THE CODnE

The economic welfare of this industry largely depends upon build-
ing activity. Wanrml Air Registers are almost exclusiely used in
conjunction with h~ome heating installations although here is a
small and perhaps incr~easing market in connection wi~th venitilating
and air-cond~itioning or cooking systemis.
Annual dollar sales hav~e decreasedl about sixty-seven percent from
19E'D to 1932. Invested Capital has dlecr~eased~ about one-t~hir~d during
the same period, with a sulbsequentt furthier- ten percent reduction.
The number of wage earners employed by this indlurtry dt~le~crase
about forty-four percent during the same periiodl, with an inlcrease
froml the 19:32 lows of about, one-thirdl the latter' part. of 1933. The
Research and Planning Division estimates that t~he industry employed
500 wage earner~s in 1929.
No large fulrther incr~ease in employment. is anticipated under the
maximum hlourly provision of the Code as, although there has been
an increase in emplloym~rent under thle Presidetnt's Reemnployment
Agreement. thle indu~stry~ is only working appr)1oximatlely thirty-nine
and a half hours per week and ainy increase in empl-`oyment will
undoubtedly be mostly due to increased building activity, the source
of approximaltely ninety percent of the industry'~s sales. Thle Code
provides for the upwardt aIdjustmecnt of wages above the minimum
therefore the pur~chasing power of the industry's emlployees should
be increased. Trade practice provisions of the Code are expected to
remedy many of the evils that. have been prevalent in the past within
this industry.
FINrDING;S

The Deputy Administrator in his final report to mne on said Code
having found as herein set. fourth and on the basis of all the proceed-
mygs in thlis matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to tihe free. fow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-






148


ing undue restriction of production (except as mayv be temporarily
required), by increasingly~ the consumption of industrial and agri-
cultulral products through increasing purchasing power, by reducing
a~nd~ relieving ulnemp~loym ent,, by improving stanndards of labor, and
by otherwise rehabilitating industry.
(b) Said Industryr normally employs not more than 50,000 em-
plyes; and is nlot classified byr me as a major indlustr~y.
(c) The Code as apprloved complies in all rcspe~cts w~ith t~he perti-
nent provisions~ of said T'itle of said Atct, including w~ithlout limlitat~ion
Subsection (a) of Section 3, Subsection (a) of Section 7i, and Sub-
sectio~n (b) of Section 10 thereof; and that. the app~liennt association
is an industrial association truly representative of the aforesaid
Industry; and that said assoc~iation imposes nlo inequitable rest.ric-
tions on admiissio~n to mnember~hip therein.
(d) The Code is not dle-ignedl to and w~ill not permit. monopolies
or monopolistic: practices.
(e) The Code is not dlesignedc to and will naot elimlinate or oppress
small enterprises and will not operate to discriminate against t.hem.
(f) Those engSagedl in other steps of th economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these recnsons, thler~efo-r~e, Ihave approved this Clode.
Respectfully,
Howc S. JOHNSON,
Admclliiis tra t or.
JUNE 28, 1934.













CODE OF FAIR CiOMPETITION FOR THE WTARMT AIR
REGISTER INDUSTRY:

ARTICLE I PURPOSES

Te effectuat~e the policies of Title I of the National Industrial
Recovery Act., the following provisions are established as a Code of
Fair Competitioni for thle W'arm Air Register Indlustry and shall be
the standard of fair competition for suchi industry and shall be
binding upon every member thereof.
ARTICLE I I--DEFINITIONSN

1. The term W~arm A~ir Regisrter Industry as used herein in-
cludes the manufacturing and selling by manufacturers of air regis-
ters, register faces, cold-air faces, floor borders, adjustable ventila-
tors, intakes, wall frames, pipeless furnace gratings, manufactured
of metal, for helt~ing, cooling or ventilating upss sdfndi
Appendix A, and such branches or sub-divisions thereof as may,
from t~ime to time, be included under the provisions of this Code.
2. The termn "i employee as used herein includes any one engaged
in the industry in any~ capacity receiving compensation for his serv-
ices, irrespective of t'he nature or method of payment of such comn-
pensat~ion except a i' member of the industry ".
3. The terml emlployer as used herein inicludles any one by whom
such employee is complensated or employed.
4. The term "i member of the industry "' includes any one engaged
it on the dutr as above defined, either as an employer or on his or
5. The termn Institute as used herein means the National Warm.
Air Register M~anufacturers Institute, a trade association.
6. The terms Presidrent ", "Act ". and "Administrator as used
herein shall mean respectively, t~he President of the United States,
Title I of th~e National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
ARTICLE III--110URS

SECTION i. NO employee, excluding accounting, clerical and office
employees, shall be employed in excess of forty (40) hours in one
week, or eight (8) hours in any twenty-four (24) hour period, except
that during any six (6) weeks in any six (6) months period em-
ployees may be employed not more than forty-eight (48) hours per
week, providing one and one-half times the normal rate of pay' shall
be paid for hours worked in excess of eight (8) hours per day and
forty (40) hours per wveek. The foregoing limiitations shall n~ot
apply to:






150


(a) Those emlployed in executive and managrerial capacity and
service engineerls wh!en and as long as their expenses are paid by
their employers, whvlo regulanrly receive thirty-five (35) dollars or
miore per week.
(b) Outside sale~smen.
(c) Emiployees engagedl solely at maintenance and repair work,
truckmen, fir~emeln and engmieers, w~ho may be permitted to work not
mocre than nine (9) hours in anyS one day, or forty-four (44) hours
in any one wFceek. These employees mlay also be permitted to work
forty-eight (48) hours per w~eekr during any six (6) weeks in any
six (6) months period. One andi one-hialf times the normal rate of
pay shall be~ paid persons emnbraced in this sub-section (c) for hours
wforkled in excess of eight (8) hours per day or forty (40) hours per
wneek .
(d) Wlatchm~en, who may be employed not more than fifty-six (56)
hours ini any one (1_) week, except watch~men in closed plants to
wvhom h~our~ly limitations shall not apply.
(e) Cases of eme~rgency- such as thle production of equiipment or
repairs for breakdcowrn service, or where the restriction of hours of
skilled2 workers would unavoidaly" reduce pr'oduction or limit the
wrork available to other wourkers. One and one-half times the normal
rate of pay shall b~e paid persons embraced in this subsection (e) for
hours w~ork~ed in xcescfs of eight (8) hours per dlay or forty (40) hours
per w-eekr.
SE("FION 2. Nor accoulnnting clerical or onfce employees shall be em-
plolyed in excess of forty (40)) hours a wseek; or nine (9) hours per day.
Eighlt (8) houirs shall consct~titut a normal workingr day.
SECTION 3. No employer shall knowingaly permit any employee to
wcork for any time which, when totaled wit that already performed
with. another employer or employers exceedsu the maxima permitted
hierein.
SECTION 4. No employees shall be permlittedl to work more than six
(6) days in any seven (7) day periodl.
.ARTICLE I[V-W~AGE8

SECTION 1., No employee shall be paid at less than the rate of forty
(40) cents per hour, except that:
(n) Accoulnting, clerical and office employees may be paid at not
less than fifteen (15) dollars per wreek.
()Office boys and office g;Irls may be paid at not. less than eighty
(80) percent of the above provided minimum wage for accounting
clerical and office employees, provided that the total number of
such otfiee boys andc office girls receiving less than such mlinmum wage
shall not exceed, in any calendar month more than five (5) percent
of the total number of o-flice employees of the employer, except that
any employer may employ at least two (2) such persons as above
provided.
(c) Bona fide apprentices, employed under a system or course of
training which, when completed, will make the apprentice a skilled
mechanic, may be paid not less than eighty (80) percent of the mini-
mum wages herein provided during t~he first six months of employ-
ment. A8t no time shall new apprentices be admitted to apprentice-








151


ship by any employer when such action wrill bring their toahl number
to more han five (5) percent of the total number of factory
employees, of suchl employer.
SECTION 2. This Article estab~lishes a mninimumn rate of pay which
shall apply, irrespective of wh~ethe~r an employee is actually com-
pensated on a time rate, p~iece-work, or other basis.
SECTION 3. The Code Authority mnay present, for appr~oval of the
Administrator, sfter notice andl hearing, recomlmendations as to
upwardl adjustments; ini minimum wragcs for specific localities.
SECTION 4. Equlitablee adjustment of compensation of employees
receiving more than the minimum rates of pay hereini prescribed
shall be mlade by all employers who havre not, heretofore made such
adjustments, and- all emnploy~ers. shall within sixty (60) days after
approval of this Code, report in full to thie Code Authority concer~n-
ing such adjuistmnents whether mande pr~ior to or subsequent to such
approval; provided, however, that. in on event shall hourly rates of

SEC~KTION 5 Femle emrployeeps performing sulbstantially the same
work as m1ale employees shall receive the samie rate of pay as male
em ployees.
SECTION 6. A person whose ear~ningr capacity is limited because of
age, 'h!Ysical or mental handlicap or other infirmlityr, may? bie em-
ployedl on light work at a w~age below~ the mriiinimumn est~ablished by
this Code, if the employees obtains from the State A~uthor1ity, desig-
nated by the United States Departmnent of Labor, a certificate author-
izingr such p~erson's emiploymient at such wFages anid for such hours as
shall be stated in the certifiente. Sjuchi authority shall be guided by
the instructions of the Unitedl States Dep~ar~tment of Lab-or in issuing
certificates to such persons. Each employer shall file monthly w~ith
the Ciode Authorityv a list of all such persons employedl by him,
show~ingr the waRges paid to, andi t~he mnaximuim hours of w~ork for such
employees.
SECTION 7;. Wages shall be exempt from any payments for pen-
sions, insurance, or sickr benefits other than those voluntarilyr paid by
thle wage earners. or required by law. Wages shall be paid at least
semi-monthly annd salaries at least at the end of every month.
SECTION 8. The em~plOyer or his agent shall accept no rebates dir-
rectlyy or ind~irect~ly on such wages nor giv'e anything of vailue or
extend fav~or~s t~o anly person for the purpose of influencing rates of
wages or the working conditions of his employees.
ARTICLE V- GENERAL LABOR PRov'IsIONS

SECTION 1. No person under sixteen (16) years of age shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at. operations or occupations which are haz-
ardous in nature or dangerous to health. The Clode Authority shall
submit to the Administrator within ninety (90) days after the effec-
t~ive date of the Code a list. of such operations or occupations. In
any State an employer shall be deemed to have complied with this
provision as to age if he shall have on file a certificate or permit duly
signed by the authority in any State empowoered to issue employment
703 14*-65-1 Sil64-- --34 2








152


or aget certificates or permits sho-wing that the employee is of the
required age.
SECTION 2. In comlpliance with Section 7 (a) of t~he Act it is
provided that:
(a) Emplolyees shall have the right to org~anize and bargain col-
lect~ivelyr through ,retpr~ecentativeps of their ownl choosing, and shall be
fre from thie inlterf'ierence, restraint, or coercion of employers of
labor, or their agents, in the detsiglnation of such representatives or
in self-organization or in other concerted activities for the purpose of
collective b~argainingf or other mutual aid or protection.
(b) No employee and no one seeking emplloymelnt, shall b~e re-
quir~ed as a conditions of employment to joini any company union or
to recfr~am from jgoinmy1, organizing, or a~ssistingalabrorazto
of his own choosing.
(c) Employ~ers .-hlall complly with the maxsimumn hours of labor,
m-inimum rate of pay, anid other c~onditionstj of unemployment, approved
or prescr'~ibed by the President.
Slcreno 3. No emp~loye'r shall r~eclassify emlployees or duties of
occupation s perlformledl or el~lngae in anly other1 sublterfug~e for the
pu"rpos'e of derfeating the p~urploses or prov'\isions of thle Act or of
this Code.
SECTIO~N 4. Every emiployeri shall provide for the safety and health
of employees dulring the hours and at the places of their employ-
ment. Standards for safety and health shanll be submitted by the
Codr A~uthlority to the A~dmlinistr'ator within isi (G) mlonthls after
the effective dlate of this Code.
SEcTION 5. NP;o provisionl in. this Codle shall sup~trersede any State
or Federal law wh~ich- imposes mlo~e, stringent reqcuir~ement~s on em-
ployers as to age of employees, wages, hourls of wo~rk, or as to safety,
sanitary or general working conditionsj, or inisurance, or fire protec-
tionta are imnposed by this Code.
See.IINo 6. All employers shall comp~ly w~ith~ the rulesr and regula-
tions issued from timle to time byT the Adm7linistr~ator, with~ ~respect to
posting notices, bulletins, and etrarcts3 fromi th~isi Code.
AanTcLE VIJ -AnaMNIsmRA~ no
SECTION i. TO effeclltute further the policies of the Act, a Code
Authority is hereby constituted to coopyerate w-ith th~e Admninistrator
in the admlnini;traftion of this Codte.
ScTelno 2. The Code Author~ity shall consist of three persons or
suchl other number as ma~y~ bet approvedC, from11 timle t.o t~ime by t.he
Admni n istrator, duly elected by mnajo~it~y vote of the Industry. The
Admtinis~trator, in his discretion, may appoint not, more than three
(3) additional m~embers. i wit~ho~t. vote or expense to the industry to
serve for such term or termsl as he may specify.
S~ECTION 3. The Code Aiuthority shall have thle followring further
powers~ and duties to the extent permitted by the Act.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of the
~Act.
(b) To adopt by~-laws and rules and regulations for its procedure
and for' the adminniulsltraio and for facilitaltingr the enforcement of
thle Codle.








153


(c) To appoint committees to car~rya ourt its duties such as the
following: Admiinistration, Compliance, F~inance. Industrial Rela-
tions, Trade Relations, Subdivisional, and such others committees as
mlay be required.
(d) To obtain from miembers of the industry such information and
reports swornn or unsworn as the CodeP Auth~ority may specify) as
are required for thle admninistration of the Code. No individual
information, statistics or reports shall be disclosed to any other
member of thle industry or any~ other party except to such govern-
mental agencies as may be directed by the Adminlistrator.
(e) To establish, if foundl desirable, classifications, dimnensional
standards, and quality7 and.'or performannce sp~ecifications for. prod~-
ucts of th~e industry.
(f) To use such trade associations and other agencies as it deems
proper for thep casrryinr out. of any~ of its activities prlov'ided for
herein; provided, that nothing herein shall relieve th~e C'ode Author-
it~y of its duties or responsibilities under this Code andi that, such
trade associations and agencies shall ait all times be subject to anid
comply with thle pr1ovisioni s hereof.
(g) To mak~e recommIiendaltions to the Adlminlistr~ator for' the coor-
dination of the administration of this C'ode w~ith such other codes, if
any, as mayr be related to thle industry.
()To cooperate with thle Administrator in regulating the use
of any N.R.A. insignia.
(i) To rcommndiet to t~he Admlini.;trator further fair trade prne-
tice provisions to goverln members of the industry in their relations
with eachi other or writh other industries and to recommend to the
Admninistr~ator mieasur~es for industrial planning, including stabiliza-
tionl of em~ploymnent.
(j) To appoint a t~ralde practice commiit~tee which shall meet with
the trade practice committees aippointedi under such other codes as
may be related to the industry for the purpose of formnulatinlg fair
trade practices to govecrn the relationships between production and
distribution employees under this C'ode and under such others to
the end that such fair trande practices may be proposed to t~he Admlin-
istrator as amendments to this Code and such~ other codes.
SECTION 4. Thle Code Authority shall cause to~ be formulated an
accounting system and methods of cost finding and..'or estimnating
capable of use by all members of the industry. After such systemi
and methods have been formulated and approved by t~he Admin-
istrator, full details concerningr them shall be made available to all
members. Thereafter all members shall determine and "or estimate
costs in accordance with the principles of such methods.
SECTION 5. In order that the Code Authority shanll at all times be
truly representative of the industry and in other respects comply
with thle provisions of the Act, the Admninistrator may prescribe such
hearings as he mnay deem proper; and thereafter if he shall find the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modlification in the method of selection of the Code
Authority.
SECTIONi 6. The Institute or any other trade association, directly
or indirectly participating in the selection or activities of the Codea
Authority shall (1) impose no inequitable restrictions on mnember-








154


ship,, and (2) s-ubmlit. to the iAd~ministrantor true copies of its articles
of ass~ocniatin, by-Iunws, regulatio~ns, alclnd an amendments whenn made
thercto~, togetherl~ wiithl such o~thler iniformalnt~ion as t.o m~embership, or-
ganization. and activities as the Adminiat rator. may~ deem necessary
to effec~tunlto the pllllurpose of the Act.
SEC.TION ?. In Odd~citio~n tO the information required to be sub-
mittedl to the Codelt Authority,:11 all or any Of the persons subject to
this Code shall furnish such ctaltisticml informantio n as the Adminis-
traito mal8yi deem ner~ceissay folr te purposesP rePcited in Sectionl
(3 () fsnid AZCt to suchn Fiederal andl Stalte agencies as the
Admlli nIi tra t or may des~ignlate ; nor sh all an t h ing inI thiiis Code rel ieve
any person01 of anly exsisting obligationnl to, fulrnish reports to Gocvern-
ment agencl~ries.
S~ECTI.ION 8. It liCilli." fTrl~ lm ('i DECO'!'. 10Older to SuppOrt t~he
admrlinistrtionti of this Codec andi to, ma~intalin the standards~ of fair
competitionr e tablishe~ d by~ this Clode and(. to, ea~ffectuat te policy' of
the A~ct, the Code Aluthlorlty is authorijz edl slbje~ct to the approval
of the Administrator:
(a) To incur ub reasoMnablce cbligatio~ns as are necessary~ and
proper'' for the? foregoing pul'l'~rpu es and to) meetf su1ch obligaltions out
of fundf s which may be raised as hlercinafter pr1ovided and which
shall be held in trust for thne purpos-,e o~f thle C'ode;
(b) To clblitt, to the Adminici~t-trat fori his aIpproval, subject
to such'1 no~t ilce and 'opporlit unity to be hleaiIt rd us( he~ ma deem necessary,
(1) an itremiizicd budge~ct of itsj estimatedI exlen1seS foCr the foregoing
purposes. and (~2) an equiitablr basis upociin which th~e funds niecessary
to support such. budget shall1 be con-trib~utedl by members of thle
mdus rltry3;
(c) After :-.ich budgeblltl and bais of contribution nl hiave been ap-
proved by the Admlninistra:tor,i to delterm~ine andc~ sec~ur? equitable con-
tributionl as above~ set forth b~y all suchl m~emblers of thle industry,
and to that end, if nccetssar~y, to institute legal pr'cl(eedlin~s thlerefor
III ItS OWII imm1e.
;SECTIO`N 9. Only. Iinembe~r! of thle indurstry! comllply'ingi withl the
Code and co~ntributingr to th~e clexpeses~ of its admninistrattionl as pro-
vcided in S:ction 8 hereof shall be~ entitledl to, partic~ipate inl the selec-
tion of the membersti o~f thne Code~ Author~ity' or to I~reeive the benefit
of its voluntary ac1tivities or to mak~ ~~e ne f any emblemi or insignia
of thne NaT~io~lnni Recove~ry A 1ministr'ation.l
SECTIoX 10. Nothino-~ cociintined~ inl thiis Code~ shall constitute the
memibers. i of the Codlie A~uthority\ par'tners for any pur~pose. Nor
~shll this Codetl be construed~c to recndler any mlembler of the Clode
Autho~it~y liab~le in anly manner to anyocne for any~ act of any' other
mnember, cffier, age~nt or empllloyee~ of t~he Code Authority. Nor
shall this Code hie rcons~trued to lendle anly member of th~e Code
Authority, exercising reasonable dliligernce in thle conduct, of his
dlutie~s hereulndelr liable to aInyone for anyi action or omiission to act
und~er this Code, except for his own willful misfeasance or non-
feaisance.
SECTION 11. The Code Aulthocrity' may~ from time to time as con-
dlitions in the industry warrnt''71 consider proposals for amendments
or mnod ificat ions of th is Code and mayS mnake recomm Iendations thereon






155


to the Administrator, which amendments or modifications will
become effective as part of the Code upon approval by t~he Admini-
istratorr after such notice and hearing as he may specify.
SECTIION 19. If the Administrator shall determine that any action
of the Code Authorit~y or any agaencyr th~ereof mlay be unfair or
unjust or contrary to the public interest, the Administrator may
require that such action be suspended to atfordc an oipportunityr for
investigation of the merits of such action and further consideration
by the Ciode Aut~hority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) dayE~s' notice to him of inten-tion
to proceed with such action in its original or modified form.
ARTICLE VII-GrENERA1L PRovsIONs

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President., in accordance with the
provisions of subsection (b) of Section 10 o~f the National Industrial
Recovery Act, from timie to time t~o cancel or modify any order,
approval, license, rule or regulation issued under Titlle I of said
Act a~nd specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code oir any
conditions imposed by him upon his approval ther~eof.
SEOTrION 2. This Code, except as to provisions required by the Act,
may be modified on the! basis of epncrie~nce or changes in circumn-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become detective on approval of t~he Presidlent and~lor Administrator.
ARTICLE VIII--TRADE PHacTICES

The following practices constitute unfair methods of competition
and are prohibited:
SECTION 1. Fa se alaricn~g or Brarndibng.--The false marking or
branding of any product of the industry which has the tendency
to misleadi or deceive customers or prospective cust.omlers whether
as to t~he grade, quality, quantity, substance, character, nature, origin,
size, finish or preparation of any product of the industry, or
otherwise.
SECTION 2. HIs[~1epr'e~eNl~ lli@M Of FaT788 &P is~lea'(114g rlder/78s-
i'ng.-The making or causing or permittingr to be made or published
any mnaterially false, inaccurate or deceptive statement by way' of
advertisjement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish or prepara-
tion of any product of the industry, or the credit terms, values,
policies or services of any member of the indust ry, or otherwise, hav-
mng the tendency or capacity to mislead or deceiv-e customers or pros-
pectivle customers.
SECTION 3. COR.~7nLerciaL Bribery.--No member of t~he industrS shall
give, permit to be given or directly offer to give, anything of value
for the purpose of influencing or rewfardling the action of any em-
ployee, agent or representative of another in relation to the business






156


of the employer of such employee, the pr~incipn1 of such agent or the
rep~reentedl party, without the k\lnowledlge of sulch employer, prin-
cipa.l or parlty. This shall not be construed to prohibit free and
general distribultioln of articles commlonly used for adlvertising except
so far as such. artivcls are actually used for commnereidi bribery as
hlereinabovee defined.
SECTION 4. litiNCP/87813C c~i~th CONGifrnirtal FRr~/folON.-h~1181cioU~Sl
inducing or attemplting to induce the br~enchl of an exist~inga oral or
written contract be~tween a completitor andt his customer or source
of supply, or inter~fer~ing with or ob~structingr the performance of
anty such contract al~ dulrties or service~s.
SEC'TIONS 5. Secret Riebates.--Withhlolding from or inserting in any
invoice a false record, wPhollyr or in part, of the transnct~ion repre-
sented on the face thereof, and the payment or allowannce of secret
r~ebttes, secret refunds, secret credits, unear~ned discounts whetherr
in the form of money or otherwisee, or the extension to certain pur-
chasers of prices, services or privileges not extended to all purchasers
under like conditions.
SECTION fj. Ceiling Of I?&88, Prlsm-itim8~ o/r Cift8.--The Offerinc
or giving of prizes, premiums or gifts in connection w~ith thle sale oq
pr'od-ucts, or as an inducemnent thereto, by any scheme which involves
lottery, misr~epresentation or fraud.
SEcTlow? 7. Defamat~ion.-The defamation of competitors byq falsely
imputingr to them dishonor~able conduct, inability to perform con-
tracts, questionablel credit: stand~ng, or by other false representations
or by th~e false dlispaoragement of the grade or qua lity of t heir goods.
rSECTION 8. Threalts of Laio Sur~ite.--Publishing or circulating un-
justifiedl or unwrralrnted th~eat~s of legal proceedings which tend to
or hae. thle effect of hnarassinrg competitors or intimlidating their
CUSIfolnt' rS.
SECTION 9. EspVion1agye of Com~npet itors.--Secu ri ng confident i al i n-
forma~tion n from a competitor concerning his business by a false or
misleading statement or representation, by a false impersonation of
one mn authority, by bribery, or by any other unfair met~hod.
SECTION 10. 1Piracy of Tradle 111ark~s and T~rade N~ames.--The imi-
tation of a trade mark, trade name, slogan, or the other m~arkis of
identification of a competitor, having the tendency and capacity to
colfulse, mislead or deceive purchasers in reference to origin of the
products.
SECTION 11. No employer shall sell or exchange any product of the
:ind~ustry manufacturedl by him, at a price or upon terms and condi-
tions which will result in the purchaser paying for the goods
received less than th~e lowest allowable cost thereof to the seller,
determined in- accordance with the systems and mlethlods of costing
formulated under the provisions of Section 4 of Art~icle VI; pro-
vided,, however, that dropped lines, distress mnerchlandise or seconds
mayTr be dispIosedl of by any employer, at alny price and on any
termsi and conditions, but only if such emnployver, not less than two
weeks before such disposal, has filed with the C~ode Authority, a
statement in writing, setting forth the fact of, and reasons for, such
proposed disposal; and provided further, that a member of the
industry selling or w~ishinga to sell below his own allowrable cost t~o
meet the competition of a competitor whose allowable costs are






157


lower, may do so provided that he has first so reported to the Code
Authority and in such report has cited the facts of the competition
which caused him to take such action.l
SECTION 12. Other Unlfa;';- P~~ractice!s.-Nothing in this Code shall
limit the effect of any adjudication by t~he Courts or holding by thle
Federal Trade Commission on complaint, finding, and order, that
any prrct~ice or mepthod is uinfair, plrov~idingr that such ad~judication
or holding is not inconsistent. with any provision of the Act.
AnnRTCis IX-PRIGE G;UARANTEE

SECTION 1. The sale of the products of the industry shall be on
a calendar quarterly basis, at th~e prices effective on date of ac-
ceptance of order in that calenla~r quarter for shipment in t~hat
calendlar quarlter'. Any orders necepzted by a mlembe~r of the indus-
try mna given q~uar-ter for shipment in a later quarter shall be in-
voiced at thle prices effective on date of shipment, and the acceptance
and, or inv-oicing of orders on any~ other basis shall be an unfair
method of competition, except. that:
(a) Orders w~hichi include specifications of styles and tyJpes, sizes,
quantities and finishes for products of this industry, for specific
heanti ng ve n tila nti n and 'or cooling installations, and- in which thre
name of t~he owner andi locantion of projects in whiich suchl prodlucts
will be installed, ar~e given in the order, mlay be accepted for de-
livery at the prices in effect. at tlhe date the order is placed for
delivery within three (3) months after the date such order is placed.
(b) Orders described in Section 1, paragraph ca ar~e not to be sub-
ject to cancellation or change in types, styles or materials without
adequate compensation for material used and work performed.
(c) If complete specifications for any portion of the order are
not received within three (3) months from t~he date of the order,
then that portion of the order for which specifications have not been
given withiin three (3) months shall be invoiced at prices in effect
at tihe time complete specifications are received.
(d) Alembers of the industry shall publishl separate schedules of
quantity discounts coveringa multilouvre registers, face plates and/or
wall framnes when such products are required for one building project
(other than private residences) the location and owner of which are
specifically stated and wThen the total of the list prices of the products
involved is not less than Five Hundred Dollars ($500.00).
ARTICLE X--DEFINITTIONS OF PURCHASERS

SECTION 1. A "L Manufacturer or member of the industry in-
cludes anyone engaged in the industry, either as an employer or on
his or its own behalf, as defined in Section 1, Article II.
SECTION 2. A Jobber is defined as anyone who purchases the
products from manufacturers of this industry for resale to others
than consumers, for further resale by those to whom the jobber sells;
except that all WTarm-Acir Furnace MIanufacturers shall be classified
as jobbers.
See paragraph 2 of order approving this Code.






158


SECTION Q. tt" Detler ` is defined aS One who purchases the p~rod-
ucts from manufacturers of this industry for resale. to the consumer
and/or for installation in connection with such sale.
SECTION 4. If any application of these definitions should work a
hardshkip upon any member of the industry, or any customer, such
member of the indulstryS, or customer, may appeal to the Code Au-
thiority, which shall have power to grant: such relief as justice may
require subject. to the approval1 of th~e Admlinist~rator. If the Cod~e
Authority should deny relief or should fail to takie action upon such
application within fourteen (1_4) days after the receipt. of same. such
m~ember or cusitomner may appeal to the Admninistrator who shall have
pow~ser to grant relief.
~AnnOLE ~XI-PUnucrrr or IPRIC'ES, TERM~S ANhD CONDITIOXs or SAL~E

SEcnowI 1. (a) WIithinL fourteenl (14) days after th~e effective dnte
of this Code each memb~ler of thle industry shall publish his prices,
terms, anId rconditions of sale on all prodlucts, with the prices, terms,
and condlitions; of sale affecting each such class of trade in the ter-
ritorly to wPhich such pr1ic~es, terms, and conditions of sale apply.
Coincident. with such publiention, each member of the industry shall
file with thre Code A-~uthority and the Code Aulthority shasll immedi-
ately d-istr~ibute to all members of the industry, a complete schedule
of such piricesi, terms~, and conditions of sale which shall also be made
ava;ilable to all memb~ers of the trade to which it is applicable.
(b) Provid'ed, however, that any user of registers whose average
purchanses of products of the industry as dlefinedl in this Codle during
the preced'ing four years exceeded 50,000 pieces per year may be
sold at prices, dliscounts, or terms different from those sh~own on the
schedule and no schedule need be published covering such users.2
SECTION 2. In thre event of an change by any member of the
indulstry in anly price, terms, or conditions of sale, he shall file. full
and completed~ copies of every change with the Code Authority, all
such changes shall become effective immediately upon such 61linga
unless andl until the Code Authority shall designate periods within
whT~ich any such changes shall become effective, subject to the ap-
proval of the Administrator, but in no ense shall any such period
exceed sixr (6) dayBs after the date of the filing of the change.. Copies
of all changesfle shall be immediately distributed by the Code
Authority to the members of t~he industry. Information on such
price changes shall be available to thre trade to which it is applicable,
on the effective date o~fI such change and each member shall coinci-
dentallg file such information in the afflee designated by the Code
Authority for immediate distribution by the Code Authority to the
members of~ thke industry.
SECTION 3. Ill the event that any member of the industryT shall not
receive suffcient notice of the filing by any other member of any
change in prices or term~-s and conditions of sale as will enable the
mlember first mnentoned to meet the said change on the effective date
thereof, such member may file with the Code Authorityr such changes
in hzis prices, terms, and conditions of sale as may be required to meet
the change ~filed by the other member. Changes so fie~d shall become
eSee paragraph 2 of order approving this Code.






159


effective on the same dlate as the effective date of the change of the
member first filing as aforesaidl, or if such change has already become
effectiv-e, then t~he changes subsequently filedl shall become effective
immediately.
SECTION -1. No member of the industry shall sell, pay a ~rebate, or
allow a deduction at any timne to any person except in accordance with
his pr1ices, terms, andl conditions of sale then in efect and published
in the manner described herein. Each member of the industry shall
have the right, individually, to publish new prices, terms, and condi-
tions of sale, fromt time to timne, azs herein provided.
Anywra; XII TERMS AND CASH DrSCOrrNTs
SECTION 1. In Order tllat file terms of this indlustryJ shanll be uni-
form ; no member will consign atny merchandise on any basis anrd all
existing consignment arrangements shall terminate: on or before sixty
(60) days after the effective date of t~he C'ode; shall not red'ate any
part of any invoice. The terms in this industry shall be as follows:
(a) Two ('2) per cent discount ten (10) days; net dlue. thirty (30)
days from date of invoice; optional two (2) per cent discount, tenth
of month proximno.
(b) On orders for a total of five himdred (500) or more registers,
register faces, metal cold-air faces, borders! intakes, wall frames,
pipeless furnace gratings, adjustable ventilattors, placed between
January first and April first for one shipment to one destination,
terms are as follows:
July first dating: Net. due August first, subject to cash discount
of two (2) per cent on July 10th.
Prepayment discount of one half of one (1) per cent pecr month
from date of payment to July first.
(c) Any sales at other than the cash discounts and terms described
in this section shall be considered as an unfair trade practice and is
a violation of the Clode. Adjustable Ventilators and Double Head
Registers or Intakes are to be considered each is two pieces for
quantity and freight allowance.
SECTION 2. The C~ode Authority is authorized to establish a credit
information service for the benefit of the. industry and, after due
notice, to require that every member of the industry report monthly
the names, amounts due, and dates of shipments to an purchasers
of the products of the industry who have failed to payfoan
product of this industry within ninety (90) days from the dlate of
maturity. This information shall be immediately distributed to
the trade classification of the industry fromt which it was received.

ARTICLE 111I--11NOPOIJES, Eve1.

No provision of this Code shall be so applied as to, permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimsi-
nate against small enterprises.
ARTICLE SIV
This Code shall become effective on the second Mionday after its
approval by the President of the United States.















AcPPENDIX AS


D)rlNIToow or TH-EI PBonver~s or] THINDUsTRY

Register: A register is a metal covering of open design, attached to movable
valves or shutters usually placed in the wJall, floor, orr ceiling of a room for
admitting or excluding warm or cold air or for controlling ventilation. The
ter Register includes the fae plate of cast or wrlought mletal, sometimes
ornamental, to w~hich. is attached movable valve, valves or shutters and a device
for operating the same.
Register face: A metal covering of open design for air inlet or outlet having
an opening for operating lever, and screwv holes for attaching to valve, valves
or shutter~s to make as register. It may be made of cast or wrought metal and
may be of plain or ornamlental design. It has no attachments or means to
control flow of air.
Cold air face: A metal plate having openings for the passage of air, designed
to be installed in the flo>or, to permit the cold air to return to thle furnace
or to permit the warm air to return to the furnace wheno the system is used
for cooling.
Floor border: A moetal frame, usually installed in an opentag made in the
floor. It hzas interior flan,"es so that either a register, register face, or grille
may be set th~ereon.
Intake: A metal covering for air inlet or outlet with openings therein de-
signed~ to permit the delivery of air fromt the fuunace, or the return of air
to the furnace, whether such sys~teml be usedt for heating only or heating and
cooling.
Pipeless furnace grating:'Pipeles furnaces are warml-air furnaces installed
with one warm-air pipe runninga verticallyv directly to the room above the
furnace. A p~ipeless furnace grating is the grille usually installed in the floor,
to cover the wvarmn-air pipec opening of such furnaces and is usually furnished
w~ith a round or square collar on its bottom surface, to which the warm-air
pipe of the warm-air furnace may be connected.
WCall framoe: A metal frame to be inserted in an opening in thle wall, secured
ther~eto, and to which a grille or register may be attached by means of screwfs
or otherwise.
Adljustab~le ventilator: Two registers or register faces joined by intervening
adjustable telescoping moetal boxe or tubes to provide an opening through
which air~ may be elrculated from one room to another.
Double head register: T~wo metal baseboard or wall registers usually set
on opponsite sides of wall wvith connecting box designed to regulate flow of
air (inlet or outlet). I~t may be made of cast or wrought metal and be of
plain or ornametal design.
Approved Ciode No. 472.
Registry No. 1118-12.
(160)







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