Code of fair competition for the cast iron boiler and cast iron radiator industry as approved on February 3, 1934

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Material Information

Title:
Code of fair competition for the cast iron boiler and cast iron radiator industry as approved on February 3, 1934
Portion of title:
Cast iron boiler and cast iron radiator industry
Physical Description:
p. 173-185 : ; 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:
Boiler-making industry -- United States   ( lcsh )
Cast-iron   ( lcsh )
Radiators   ( lcsh )
Boilers   ( 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. 1103-05."
General Note:
"Approved Code No. 258."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952410
oclc - 63655131
System ID:
AA00007032:00001

Full Text

UNIV. OF FL LIB.
DOCUMENlTS DEPT



U.S. BEPOMrTORY


I 'I
For unlo by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 258


Registry No. I103--05


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION



CAST IRON BOILER AND

CAST IRON RADIATOR

INDUSTRY


AS APPROVED ON FEBRUARY 3, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934



























This p~ublicatioln is for sale by the Superintendent of Documients, Government
Printing Office, Washington, D.C., and byv district offices of the Bureau of
Foreign and Dome~stic Commlerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Cleveland, Ohio: Chamber of Commerce.
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Detroit, M~ich.: 801 First National Bank Building.
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Seattle, Wash.: 809 Federal Offce Building.












Approved Code No. 258


CODE O~F FAIR COMPETITION
FtOR THE[

CAIST-IRON ]BOL~ERE AND CAST-IRON~ RADIATOR
IINDUZ~STIRY

As Approved on February 3, 1934


ORDl)ERt

APPROVINGI CODE OF FAIR COMPETTON. FOR 'IfTHE CAST-TRON BOILER
asL CAST-IRON RADIATOR INDUSTRY
An application having been duly made pursuant to and in full
compliance with th2e provisions of Title I of the Nationlal I~ndustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
F'air Competition for the Cast-Iron. Boiler and Cast-Iron. Radciat~or
Industry, and hearings having been duly held thereon and the an-
~nexed report on said Code, containingr findings with respect thereto,
having been made and directed to the Pr~esident.:
NOW~, THEREIFORE, on behalf of the President of the United
States, I, H~ugh S. Johnsonl, Administrator for Industria~l Recovery,
pur'suant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order N~o. 6543-A1, dated Decemnber 30,
1933, and otherwise; do hereby: incorporate by reference said an-
nexedl report and do find that said Code comrplies in all respects with
the pe-rtinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby a~pp'roed; provided, that Section 3
of Article VI[I shall be stricken from the Code.
HUsn S. JOHNSON,
AdmzinistrJator for Indlustr~ial RecoverU*
Approval recommended:
WP. A. H1[aRRIMrAN,
DivisJion Adm inistr~ator.
TVlASHINGTON D.C.,
~Februarly 3, ~1934.
88144*-876-9-8--4 (173)












REPORT TO THE PRESIDENT


The PRESIDENT,
The W~hite House.
S~IR: This is a report on the Code of Fair Competition for the
Cast-Iron Boiler and Cast-Iron Radiator Industry as revised after
a public hearing conducted in Washington, D.C., on October 24,
1933, in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS AS TO W'AGES AND HOURS

All, except office employees, shall be paid a minimum rate of forty
cents per hour in the North and thirtyv cents per hour in the South.
Learners and apprentices shall be pai~d not less than eighty percent
of the above minimum but shall not exceed in number five percent
of t~he total. Office emp~loyees shall be paid a minimum wage rang
ing from fourteen to fifteen dollars a week, depending uponth
population of the localityv in which they work. Offce boys and girls
shall be paid not less than eighty percent of these rates and shall
not exceed inl number five percent of an employer's total number
of office employees..
Handicapped workers may be employed at wages below the mini-
mumi but the number of persons so employed shall not exceed five
percent of the employer's total number of employees.
Female employees performing substantially the same work as
male employees shall receive equal pay. Adjustment of wage rates
above th~e minimum w~ill be made within thirty days after the
ai~pprvall of this Code.
Forty hours shall be thie maximum number of working hours for
any week andi eight hours for any day except during any twelve
wreeks in a year forty-eight, hours in one week shall be permissible.
Those engaged in an executive, managerial, or supervisory capacity
who regunlarly receive thirty-five dollars or more per week are ex-
ceptedl from this provision. Employees engaged solely at mainte-
nance and repair work, shipping crews, firemen, engineers, and
electricians may work nine hours a day or forty-four hours a week.
Wratcrhmen shall not be employed in excess of fifty-six hours in any
one week. Office employees, except those receiving thirty-five dollars
per week or more, shall not be employed in excess of an average of
forty hours per week over each period of six months, nor more than
forty-eight hours in any one week.
All employees, except office employees, shall be paid at the rate of
time and one half for hours in excess o the normal daily or weekly
maximum provided in the Code.
(174)





175


acGNTOMUIC EFFECTS OF TH CODE
The demand for cast-iron boilers comes from the presidential build-
ing industry while the demand for cast-iron radciator~s comes from
the building industry in general. The average production of boil-
ers and radilators for the first eight months of 1933 wfas respectively
thirty-twro percent and twoentyT-three percent of the averages for thne
peaki year of 1997.
T'he Research and Pilanning D~ivision r1epor~ts conclusions to th~e
effect that the industry is unstable, has a strong seasonal moveentrn
and varies considerably in its employment requirements.
The average number of employees engaged in. the industry in 1928
was 19,450 and in Jrune 30, 1933, 8,161. This Code will not, therefore,
effect tthe reabsorption of all former employees but will increase the
number of employees over that of September 1, 1933, by twelve
percent and there will be an average wage increase of approximately
thirty-three and a third percent.
The Code will e~tliminate~ competition between the members on. the
basis of wage rates and will give the industry a chance through
cooperative effort to eliminate maany detrimental prpeltices that have
heretofore existed.
FINDINGS

The D~eputy A~dministrator in his final report to me on said Code
having found as herein set fort and on. the basis of all the procee~d-
ings in this 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, includiing
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof aInd 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 elimi-
nat~ing unfai competitive practices, by Promoting the fullest pos-
sibe utilization of the present productive? capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily requiredd, by increasing the consumption of Industrial
and agedcnrriculr tural products through increasing p~urchansin g powc~er, b
reduingand rehieving -unemuployment, by improving stan!dards o
labor and by otherwise rehabtilitatingr industry.
(b) Sa~id I~ndustry nrormally, em~ploy~s not mrore than. 50,000
employees; and is not classified byme as a major industry.
(c) Thle Code as approved complies in all respects with the perti-
nent provisions of saidl Title of said Act, including without limaita-
tiort Subsection (a) of Section 3, Subsection (a) of Section. 7, and
Subsection (b) of Section 10 thler~eof; and that the applicant assoc~ia-
tion is an industrial association truly representative of the afore-
said Industry; andl that said association imposes no inequitable
restrictions on admission to membership therein.






176

(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed~ to and wrill not eliminate or oppress
small enterprises and wnill not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
F~or these reasons, therefore, I have approved this Code.
RespectfulIly,
HUon S. JoHNson,
A dministrat~or.
Fnranuar 3, 1934.












COD>E: O4 fairI, COMPETITION FOR THE CAtST-IRON
BOILER: AN~~D CAST-IRON RADII.ATLOR IINDUTSTRtY

ARTICLE I

To effctuate thie policies of Title I of the National Industrial
Recovery Act, the~t following provisions are submitted as a Code of
Fair Competition for the Cast-Iron Boiler and Cast-Iron Radiator
Industry, and upon approval by the President, shall be thle standard
of fair competition for this Industry and shall be binding upon every
member thereof.
~ARTICLE II--DEFINSITIO NS

(a) Nrational Industrial Recovery Act means the National In-
dustrial Recove~ry Act approved by the President on June 16, 1933.
(b) "Act "' means National Industrial Rtecovery Act.
(c) President means the President of the United Statets of
America.
(d) "Administrator "' means the duly appointed representative of
the 1President to admuinist~er Title I of the National Industrial
Recov~ery Acot.
(e) '"Institute means The ~Institute of Boiler and Rad~iator
MIan ufact.u rers.
(f) Secretary means the Secretary of The Institute of Boiler
and Radiator M\anufacturers.
(gS) "L The Industry "' means and includr~es the business of manufac-
turing and selling by members, as herein below defined, of Cast
Iron Boilers and/or Cast Iron Radiators and/or Cast Iron Hot
Water Supply Boilers, ini the United States and Alashi.
(h) Member of The Industry or M~embler means a manu-
facturer of Cast Iron Boilers and/or Cast Iron Radiators and/or
Cast I~ron H-ot W~ater Sup~ply Boilers.
(i) Thle term Member of the Code "" inc~lludes any mlembrcl of the-
Industry who shall expressly signify assent to this Code.
(j) TIhe term Emploe masnyproenaged in any
phase of the Industry in any capacity in the nature ofr employee,
irrespective of the m~ethnod of~ payment of his compensation.
(k) The term Employer "~ means anyone by whom an emp~loyee
is compensated or employed.
(1) Code Authority 'means the Conunittee described in Article
VI hereinafter.
m~r) Effective Date means the seventth. day after this Code shall
have been approved by the President.

~ARTICLE II[I-OCRS

SECTION 1. Except as hereinafter otherwise provided, no employee
shall be employed mn excess of forty (40) hours in any one week, or
(177)






178


eight (8) hours in any~ tw~enty-four (24) hour period, except that
during any3 twelve (12) wreek~s in a twelve (12) months' period
emplloy3ees may bet employ~edl not, more than forty-eight (48) hours
durmri hr any one (1) weekt, but such limitations sall not apply to:
(a) Those engagSed in an executive, managerial,-or supervisory
ea~pacity w~ho regularly receive thir~ty-five (35) dollars or more per
w~eek ;
( b) Outside salesm~en;
(c) Emlploy'ees engaged solely at maintenance and repair worki,
shipping crews, firemlen, engineers, andl electricians who may be
permitted to work not more than nine (9) hours in any one day,
or for~ty-four (44) hours in any one w~eek. These employees may
also be npermi~tted to work forty-eight (48) hours per week during
any twelve (12) weeks in a twelve (12) months' period;
(d) WFCatchmien, who may be employed not more than fifty-six
(56) hours in any one week, except watchmen in closed plants to
whom thlis limitation shall not apply.
SEC. 2. ~fO Oflee employee shall be employed in excess of an aver-
age of forty (40 ) hours per weeki over each period- of six (6) months,
nor more th~an forty-eight (48) hours in anyr one week; provided that
those engaged ini an executive, managerial, or supervisory capacity
who regularly receive t~hirty-five: (35) dollars or more per week shall
not be subject to the limitations of this section.
SEC. 3. No employer shall knowingly permit any employee to work
for an time which, when totaled with that already performed with
another employer or employers exceeds the maximum permitted
herein.
ARTICLE IV-WTAGES

SECTION 1. On. and after t.he effective date t~he minimum wage
which shall be paid by employers in the Indust~ry shall be at the
following rates:
(a) Elxcept as provided in paragraph (d) of this Section 1, in all
States of the Unlitedl States, except Tennessee, Northl Carolina, South
Carolina, Georgia, Alabama, Florida., M~ississippi? and Louisiana,
the minimum rate of pay shall not be less than forty (40) cents
-per hour.
(b) In the States excepted in the above paragraph, the minimum
rate of pay may be not to exceed ten (10) cents per hour less than
that. prescribed for other States.
(c) The minimum rate of pay for learners and apprenltices shall
be not less than eight (80) percent of t~he minimum wage provided
herein, anid thte total number of such learners and apprentices shall
not exceed in any calendar month five (5) percent of the total num-
ber of factory employees of any employer; provided, however, that
no one shall be employed in the capacity of learner who is known
to the employer to have been employed within the industry for one
year, whether by one or more employers.
(d) The minimum wage that shall be paid by any employer to
office employees shall not. be less than the following weekly rates:
(1) TIn cities having 500,000 population or over, at t.he rate of
$15.00 per weekr.






179


(2) In cities having 250,000 population or over, and less than
500,000 population, at the rate of $14.50 per w~eek.
(3) In cities or towns having less than 250,000 population, at the
rate of $14.00 per week.
(4) Office boys and office girls shall be exempted from the pro-
visions of this paragraph (d) provided that theyr shall be paid at
the rate of not less than eightyv (80) percent of thie above minimlum
wages for ofilee employees, and provided that they shall not exceed
in number more than five (5) percent of the total number of office
employees of an employer, but may be at least two (2) in numnber.
SEc. 2. All employees covered in Section 1, Article III, except
those noted in subsections L _a ",) b c "), and "C d ", who work in
excess of e~ight(8) hours per day or ejo rty (40) hours per wreekr and
employees noted in subparagrah c of Section 1. of Article III,
who work in excess of nine (9) hours per days or forty-four (44)
hours per week, shall be paid not less than one and one half times
their normal pay for~"Afo such excess.
SE. 1R article establishes a mlinimuml rate~ of pay wt"hich
shall apply, irrespective of whether an emplyei culycm
pensated on a time rate, pieceworkr, or other baseis. atalgcm
SEC. 4. After the approval of this Code, the Code Authority may
present recommendat xons as to upward adjustments in minimum
wages for specific localities, in order to effectuate the purposes of
Title I of the Act.
SEc. 5. Equitable adljustment of compensation of employees re-
ceiving more than the minimum rates of pay herein prescribed shall
be made byr all employers wF\ho have not heretofore made such ad-
justments, and all employers shall within thirty (30) days after
approval of this Code, report in full to the Code Authority concernl-
ing such adjustments whether made prior to or subsequent to such
approval, provided, however, that in no event shall hourily rates of
pay be reduced.
- SEC. 6. Female, employees performing substantially the same work:
as male employees shall receive the same rate ofpay as male
employees.
SEC. 7i. A person whose earning capacity is limited because of age
or physical or mental handicap may be employed on light workz at a
wage below the mlinimlum established by this Code if the employer
obtains from the State. Authority designated by the ULnited States
Department of Labor a certificate authorizing his emplloyment at
such wages and for such hours as shall be stated~ in the certificate.
Each employer shall file withn the Code Aut~hority a list of all such
persons employed by himt.
SEc. 8. All employees, except those covered in1 subdivisions "(a)"
and "L(b)") of Sect~ion 1, ~Article III, shall be! paid in lawful currency
or valid checks at least semimlonthly.
SEC. 9. The employer shall accept, ro rebates directly or indirectly
on such wages nor give anything of value or extend favors to any~
person for t~he ~IpurIIpo of infflun1cing~ raltes of wages or the working
conditions of his employees.






180


ARTICLE V--GENERAL LABOR PnovistoNs

SECTION 1. NXo person under sixteen (16) years of age shall be
employ~ed in the Industry. No 1person under eigahteen (18) years
of age shall be employed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submlitt to the Administrator before Mfarch first a list of such
operations or occupations. In any State where the law so provides
an emlployer shall be deemedl to have complied with this provision
as to age if he shall have on file a certificate or permit duly signed
by the Auth~orit~y in such State empowered to issue employment or
age certificates or permits showing that the employee is of the
required age.
SEC. 2. In compliance with Section 7 (a) of the Act it is provided:
(a) Employ~ees shall have the right t.o organize and bargain col-
lectively through representatives of their own choosing, and shall
be frseefrom the interference, restraint, or coercion of emp~loyers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company umion
or to reframn from jommig, organizing, or assisting a labor organ-
izationI of his own ch~2oosmg.
(c) Employ-ers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
SEC. 3. No em3ployef r shall reclassify employees or duties of occu-
pations performed or engage mn any other subt.erfugeP for the pulrpose
of defeating the purpose or provisions of the Act or of this Code.
SEC. 4. Every employer shall make reasonable provision for the
safety and health, of his employees at the place and during the
hours of their employment.
SEIiC. 5. No provision in this Code shall supersede any State or
Federal law which imposes more stringent requirements as to age of
employees, wages, hours of work, or as to safety, health, sanitary or
general working conditions, or insurannce, or fire protection, than are
imposed by this Code.
SEc. 6. All1 employers shall post complete copies of this Code in
conspicuous places necessible to employees.
ARTICLE ViI--ORGAJNIZATION

SECTION 1. To effectuate the policies of the Act, and to cooperate
writh the Administrator in the enforcement of the provisions of this
Code, the Executivre Committee of The Institute is hereby consti-
tuted a Code Authority; provided, that no inequitable restrictions
upon membership in the Institute shall at any time be imposed. The
Code Authority shall have the powers and duties herein provided,
subject to disapprval by the Administrator.
SEC. 2. For the pI purpose of cooperating-~---~ withl the Admninistrator
with respect to the application of this Code and of said Act, and to
determine whether the members of the Industry are observing the






181


provisions of this Code, and adopting and maintaining appropriate
action to effectuate the declared policy of the Act, the Admmilnstrator
may designate not to exceed three (3) representatives without vote
and without expense to the Industr~y to confer with, aid, and advise
the Code; Authority at such times and places as suchl representative,
or representatives, mrJay request concer~nmg any matters relating to
the administration of this Code. Such representative or representa-
tives shall receive such notice of all meetings of the Code Authority
as is given to the members of said Code Authority.
SEo. 3. In additon to information required to be submitted to the
Code Authority and the Administrator, there shall be furnished to
government agencies such statistical information as the Administra-
tor may deem necessary for the purposes recited in Section 3 (a) of
the Act.
SEC. 4. Members of thue Indust~ry shall be entitled to share the bene-
fits of the activities of thle Code Authority and to participate inJ the
selection of the members thereof, by assenting to and compJlyingo with
the requirements of this Code and sustaining their reasonable share
of the expenses of its admiinistration. Such reasonable share of the
expenses of administration, shall be determnine~d byr the Code Author-
ity, subject to the disapproval of the Adminnistrator, on the basis of
volume of business and/or such other factors as may be deemed
equ itable.
SEc. 5. Nothing contained in thisw Code shall constitute the mem-
bers of the Code Ahuthority p~artners for anly pur~pose. Nlor shall this
Code be construed to ,render any member of the, Code Authority
liable in any mlanner to anyone for any act of any other member,
officer, agent, or employee of the Code Author~ity. Nor shall this
Code be constr~uedl to render any mlember of the Code Authority,
exercising reasonable diligence in thec conduct of his duties here-
under, liable to anyone for any action or omission to act under this
Code, except for his own willful misfeasanlce or non-feasance.
SEc. 6. The Code Auth'tority) shall have the following further
powers and duties, the exercise of which shall be .reported to the
Administrator and shall be subject to his right, on review, to dlis-
app'rove any action taken by the Code Authority.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industryr-with the provisionls of
the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for thle administration and enforcement of the Code.
(c) To obtain from members of the Industry suchl information
and reports as are required for the administration of thze Code and
to provide for submission by members of suchl information and re-
ports as t~he Administrator may deem necssary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative~ and/or gov-
ernment agencies as the Administrator mlay designate; provided that
nothing in this Code shall relieve anly member of the Ind-~ustryS of any
existing obligations to furnish reports to any government agency.
N'o individual reports shall be disclosed to any other member of the
trade or any other party except to such governmental agencies as
may be delegated by the Administrator.






182


(d1) To' use such trade associations and other agencies as it deems
proper for the ca~rrying out of any of it~s activities provided for
hecrein, provided that nothing hlerein shall relieve the Co~de Authority
of its duties or responsibilities under this Code and that such trade
associations aind agencies shall at all times be subject to and comply
with the provisions hereorf.
(e) To make recommendations to the Admiinistrator for the coor-
dination of the administration of this Code with such other codes,
if any, as m~ay be related to the .industry.
(f) To secured from. members of the Industry an equitable and
proportionate paqymnent of the reasonable expenses of maintaining
t~he Clode Authority- and its activities.
(g) To cooperate with the Adcministrator in regulating thie use of
anyr NI.R.A. insignia solely by those members of the Industry who
havTe assented to, and are complying withl, this Code.
(hr) To recommend to the Adminlistrator further fair trade prac-
tice~ provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
(i) In the event of violation of this Code by a member whlo has
specifically assented in writing to the provisions of this paragraph
(i), the Code Authority, subject to disapproval by the Adlminist rator,
after having afforded a fair hearing to the member of the Industry
complained of, may assess as liquidated damagaes, where t~he violation
invrolves a product a sum. equivalent to twenty (20) percent of his
current trade price of the product involved. When such violation
does not invPolve a product there may be assessed as liquidated dam-
ages a, sum not exceeding fivce hundlred (500) dollars, to be paid
by such member of the Industry. The Code Authority shall imme-
diately report any sucht assessment to thle Admninistrator, and such
assessment shall become payable only after suchl report has been
made. Such sums mentioned shall be payable without recourse to
the Inrstitute within thirty (30) days after the assessment by the
Code Authority and shall become part of the common funds of the
Institute.
AIRT[ICIE VII--PRICE Lists

SECTO 1. Upon the effective date of this Code, each member of
thie industry shall file with the Secr~etaryo h nttt o mei
ate distribution to all1 members who ~efile simsiare reort regading
similar products, copies of all their price lists, covering all cast-iron
boilers and/or cast-iron radiators and/or east iron hot water supply
boilers manufactured and/or sold, including therein all prices, terms,
discounts, allowances, and conditions relating to or in anywise af-
fectingr any sales of th~e samne to classes of purchasers defined in this
Code. Such price schedule shall take effect immediately upon the
filing thereof. No member of the Industry shall sell products of
the industry at prices lower, or upon terms more favorable than
providedl in his schedule thus filed unless and until revised schedules
of prices and terms hav9e been filed by him. Such revised schedules
shall likewise take effect immediately upon filings thereof. Revised
price schedules may be filed temp~orarily by telegram.






183


SEc. 2. The following definitions of chanses of customers are hlereby
adopted for this Industry.
(a) "' Wholesaler is one enlgaged in th distribution of heating
products, plumbing products, andl/or pipe, littinigs, anid valves, who
has a substantial and proper investment ini his businiessj, maintains
a warehouse, does not buy for resale, used ~or damagped heating matte-
rials, plumbing products, and/orr pipe, fittings, and valves, whose
major sales are to heating and plumbing contractors, who pu~rchaset
for resale as herein provided, and who does not perform dlirec~tly
or indirectly th~e functions of a, low-pressure heating contractor.
The sale of pipe, fittings, and valves by a wIholesaler for other th~an
resale purposes for the fabricatiobn of pipe will not be considered~i
in conflict w~ith th~is dlefinit~ion. T'wo classes of wholesalers shll;I
be recognized.
(1) Those who do not stock eithler consigned andl/or purchasledl
boilers and/or radiators.
(2) Those who purchase andl/or receive on consiglnm~nt. boilers
and/or radiators inr carload lots.
(b) A Contractor is defined as one who is licensed, where r~e-
quired by State or local Governments, and w~ho installs heating equip-
ment which he sells to the consumer. Federal, State and local G~ov-
ernments shall be classified as contractors for the pur~pose of this
Code.
(c) A Miail Order House is one who has a substantial and
proper investment in his busness and does business nationally
throughout the U~nited States, w1ho buy~s in bulk quantities, who
maintains a warehouse and a sufficiently complete stocks of heatin~g
fitures to meet all normal requirements, and who maintains ade-
quate showrooms and whose major business is selling to the conlsumner.
(d) A "'Direct-to-you" is defined as one who has a substantial
and proper investment in his business, w1ho buys in. bulk_ quantities,
who maintains a warehouses and sufficiently complete stock of heating
fixtures to meet all normal requirements and who mlaint~ains adeqluate
showrooms and whose major business is selling to the consumer.1
(e) If any of the foregoing definitions should work har'dship
upon any member of the Industr or any: customer, such member
of the Industry or such customer may aPpply t the Code Authorityr
which shall have power to gr~ant, relief. Ifthe Clode Authority
should deny relief, or should fa.il to take action upon such applica-
tion within ten (10) days after receiving the same, suchn member or
customer may appeal to the .Administrator, who shall have power
to grant relief.
SEC. 3. Mlany members of the Industry sell part of their products
direct to dealers and/or heating contractors, and part of their prod-
ucts through wholesalers. Inl order to prevent indirect evasion of
the provisions of this Code by members, it is hereby provided that no
member shall sell any product to or through any wholesaler wTho is
selling such product to an dealer a~nd/or heating contractor at a
lower price or on terms more favorable than the prices and sterns
provided in the price list of such member for sales by such member
diirect to dealers and/or heating contractors.'
s This section deleted as per order approving this code.






184


AqRTICLE Y111-TRADE PRACTICE RULES

SEnowO 1. The gaiving or offering t~o give of prizes, gifts, or
gratuities in, the form of money or otherwise, in connection with the
sale of products, or as anl inducement thereto, or thie sale of more
than one commodlity at an aggregate price less than the sum of the
mnem~ber's r~egularly establishedl unit prices ther~efor, shall constitute
unfair competition.
(a) The secret payment or allowannce of rebates, refunds, com-
.missions, credits, or unearned discounts, whether. in the form of
money or otherwise, or discrimination between purchasers by secretly
extending to certain purchasers special services or privileges con-
stitutes a violation of this Code.
(b) Nio member of thie I[ndustry shall give, permit to be given,
or directly offer to give, anything of value for the purpose of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative of another in relation t~o the business of the employer of
such employee, the principal of such agent or thle represented party;
without knowledge of such employer, principal, or party. This
paragraph shall not be construed to prohibit free and general distri-
bution of articles commnonly used for advertising except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
(c) The makings or caunsingor n permitti;ng to be made or published
any false, untrue, or deceptive: statement by way of advertisement or
ot-he~rwise, concerning any product of the Industry, constitutes a
vciolation of this Code.
(d) Defamation of any member of the Industry by words or
acts and/or the making, causing, or permitting to be mzade, or the
publishingr of any false, untrue, misleading, or deceptive statement
by way of advert.Isement or otherwise concerning any member of the
Industry, constitutes a violation of th~is Code.
(e) No member of the Industry shall knowingrly solicit or necept
any border after the contract therefore has been entered into in good
faith or offer lower pr1ices or better terms to force a revision of such
existmy~r contract..
(f) Each member of the Industryv shall invoice his goods sold
at his arctulal selling price.
(g) The acceptance by any member of the Inidustry of orders for
Inrge quantities, except for specific buildings and then making small
deliveries, invoicing the same at quantityS prices for thle purpose and
wljith the effect of dliscrmin~ating between different purchasers of
the same class, constitutes a violation of this Code.
(h) The acceptance of orders for small quantities from several
different buyers and shipping the same in a carload for distribution
to the separate buyers and charging each of such buyers on the
basis of the earloadl price for the quantity intended for their separate
use, constitutes a violation of this Code.
(i) Soliciting or accepting orders for future delivery for other
than hona fide transactions entered on contract forms sponsored or
approved by The Institute, as and when such contract forms have
been approved by th~e Administrator, constitutes a violation of this
Code.






185


ARTICLE IX7~-RIEcCOMMaEN DATION~hS AND AllENDMEIINTS

It is c~ontemlatednte that fl~rom time to timle supplemnentary~ provisions
to thlis C'ode or addcitionall Codles will be su~bmiltted for th~e appro\al
of thle Presidenlt to pr~eventt unfair compe~rttitin in price and other
unfair~ destructivle comipetitive pra"cticesi and(_ to effectuate the other
purposes and policies of Title I of the Nationaol Industriala Recover~y
Act consistent with the? provisions thlere~of. APlso that the Code
Authority may fr~om time to time maike reco~nul~nendatin s to the Ad-
miinistrator relating to p'ov'Isions" of this Codte and affecting the
Industry, and such recomlmelrndatin,; when ap~prov\ed by the Ad-
ministrator after such hearing as he mlay prescribe, shall have the
samie force and effect. as any oth~er provision of this Code.
AscrlC.LE X--CENERAL PRO\.NcIONSS

SECTION i. NOt~hinlg containled~ in this Codle shall be constr~ued, or
used in suchl manner as to:
(a) Promnote monopolies or monopolistic practices.
(b) Permiit or encourage unfair com-petition.
(c) Elimninate or o~lppress, or' di.sCr'iminlate against small ernter-
prises.
SEc. 2. Thi1s Code is hereby exr~tlessly made sutbjec~t to the right
of the President, pur~suant to Section 10 (b) of Title I of the NICa-
tional Industrial R~ecovery Act, fromr time to time to cancel or
modify an ordcer, approval, license, rule, or regulation issued
under said Title of saidl Act, and specifically but without. limitation,
to cancel or modify his ordter approving this Code, or any conditions
imposed by him upona such approval.
SEc. 3. If the Admninistrator shall determni e that any action of
a Codie Authority or any agency thereof is unfair or unju~t. or con-
trary to the public interest, the Admiinistrator mnay require that
such action be suspended for a period of nrot to exceed thirty (30)1
days to afford an opportunity for inv-estigation of thle merits o
such action and further considceration by such code authnority or
agency pending final action, which shall be taken only upon. ap-
Proval by the Administrator.
Approved Code No. 258.
Regaistry No. 1103-05.




UNIVERSITY OF FLORIDA
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