Code of fair competition for the metal tank industry

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Material Information

Title:
Code of fair competition for the metal tank industry as approved on December 15, 1933 by President Roosevelt
Portion of title:
Metal tank industry
Physical Description:
1 p., 47-59 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Tank industry -- United States   ( 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:
Approved Code no. 154.
General Note:
Registry no. 1136-01.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952807
oclc - 31961386
System ID:
AA00007080:00001

Full Text



Approved Code No. 154 Registry No. 1136-01


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


METAL TANK INDUSTRY

AS APPROVED ON DECEMBER 15, 1933
BY
PRESIDENT ROOSEVELT













OUR PARY
UNIV. OF L.








1. Executive Order
2. Letter of Transmaittal
3. Code




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


Pa r sle by the Superintlendent of Documents, WashingtonD.C. Price 5 ceenu
























This publication is for sale by the Superintendent of Documents, Government
Printing Of~ee, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5(H1 Post Office Building.
Birminghanm, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Comimerce Building.
Charleston, S.C.:i Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 20)1 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 2213 First National Bank Building.
Houston, Terx.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, MIo.: 1028 Baltimore Avenue.
Los Angeles. Calif.: 1163 South Broadway.
Louisville, Ky.: 4U8 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Mlinneapolis, Mlinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York. N.Y.: 734 Custombouse.
N'orfolk, Va1.: -106 Easjt Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portlandl, Oreg.: 215 New Post Ofice B~uilding.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 800 .Federal Building.














Approved Code No. 154


CODE OF FiAIIR COMPETITION
FOR THE

METAL T~ANKL INV;DU~STIRY

As Approved on D~ecember 15, 1933
BY
PTRESIIDENT1 ROOSEVTTELT





Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the NJational Industrial
Recovery A~ct, approved~ Juxne 16, 1383, for my approval of a Code
of Fair Competition for the M~etal Tank Industry, anrd hearings
having been held thereon and the ACldministrator having rendered his
report. contaningn an analysis of the said code of fair competition
together w~ithl his recommendations and findings with respect thereto,
and the Admninistraator having found that the said code of fair comn-
petition complies in all respects with the pertinent provisions ofa ( o
title I of said act andr thant the requirements of clauses (1)ad()o
subsection (a') of section 3 of the said act have been met:i
NOW, THEREFORE, I, Frankilin D. Roosevelt, President of the
United !States, pursuant to th~e authority vested in me by title. I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and app~rove the report and recommenda-
tions, and findings of the Administrator and do order that the said
code of fair competition be and it is herebyr approved.
FRARNKELIN DI. ROO10SEVELT.
Approvanl recommended :
Huanr S. JoHNSON,
A dmin istratnfor.
THE T HITE HOUSE,
December 15, 193c3.


26i708"-244~1-154-33


(47)













DECEMBER 4, 1933.
THIE PRESIDENT,
The W'hite House.
SIR: This is a report on the Code of Fair Competition for the
Metal Tank Industryv in the United States, the hearmg having been
conducted in Washington on October 6, 1933, in accordance with
the provisions of the National Industrial Recovery Act.
PROVISIONS FOR HOURS AND WAGES

Factory employees will be limited to 40 hours per week and 8
hours per day, except in emergencies which cannot be met by the
employment of additional men, when working time may be in-
creased. Time andl one half will be paid to all hourly rated em-
p~loylees wrorking over 8 hours in any one day or 40 hours mn any
one week. Preparation, care and maintenance employees, stock and
shipping clerks, and delivery men will have a 10 per cent tolerance,
but ar~e limited to 44- hours per week in any 6 wveek~s in any 6 months.
The limiitation in hours will not apply to manageria executive,
or suipervisory employees receiving more than $35.00 per week, nor
to oultsidle service and maintenance men, traveling salesmen, and
waRtchmen, nor to those engaged in emergency maintenance or re-
pair work. this latter class being paid time and one half for all
hours over 8 per dany or 40 per week.
Accounting, clerical, service, andl sales employees will be limited to
40 hours per weeki on a monthly average and 48 hours in any one
week. Thiis class of employees will be paid at the rate of not less
than $15.00 per week. No one in this group will have his salary
redlucedl on account of any reduction in hours. Eighty per cent of
thle above minimlum rates will be paid to office boys and girls and
messengers.
Factory employees will receive a minimum of not less than 40
cents per hour, except in specified Southern States in which the
minimum will be not less than 34 cents per hour. Equitable adjust-
mient will b~e made of all rates above the minimum and no rates
will be decreased. Eighty percent of the minimum rates is pro-
vided for apprentices, learners, and superannuated and disabled
employees. There w~ill be no distinction mn rates between male and
female employees engaged in the same work.

CHI~D LABOR

The minimum age for employees will be 16 years, except in
hazardous occupations, where the minimum will be 18 years. The
members of the Industry will submit a list of hazardous occupa-
tions to the Code Authority within 30 days after the effective date of
the Code.
(48)








ECONOMIC EFFECT OF CODIE

The 40-hour limitation for factory workers results in an increase
in employment of approximately 20 percent from. the number em-
ployed prior to the President's Reemlployment Ag~reement when th~e
hours averaged 55 per wFeek. Employees in 1932 numnbered~d 6,300, a
49 percent drop since 1929. Since the President's Remployment
Agreement wa~s adopted in June, emnployment has been increasedl to
8,000 persons.
The minimum wagoe rate of not less than 40 cents in the Northern
States and 34 cents in the Souther~n section of the I~ndustry will
increase the general wagerp alverage about 30 percent.
There are 155 companies in thne Industr!y, 60 of these being mem-
bers of the N~ational St~eel T'ankr Assoc~iation and having 83 percent
of the volume of business, which amnountedl to a total of $25,300,000
in 1932. The Industry manufactures standanlrdized metal tanks,
which arej assembled in t~he shop for use in water service, petroleum,
and other indust ries. Sales in 19:32 were only 28 percent of the
capacity of the 1_55 companies, but with any Incr1ease in. thre con-
struction industries reemployment should be rapid in this industry.
FINDINGS

The Administrator fmnds that:
(a) The Code as recommlended complies in all respects with the
pertmnent provisions of Title I of the Act, including, without limnita-
tion, subsection (a) of Section 7 and subsect~ion (b) of Section 10
thereof ; and that
(b) Thle applicant group impolses no inequitable restrictions on
admission to membership therein and is truly representative of tlhe
MCletal Tankr Indlustry ; and that
(c) The Code as r~ecomlmended is not designed to promote monop-
olies or to eliminate or op~press small enterpr>1ises and will not operate~
to discriminate against them, and will tend to effectuate the policy
of Title I of th~e National Industr~ial Recovery Act.
It is recommended-, therefore, that this Code be approved.
Respectfully,
Huenrr S. JOHNSON,
Administrators.














FOR THE

METAL TANKL INDUSTRY


AnnOCLE I--PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act. the following provisions are submitted as a Code of
Fair Competition for the M~etal Tank Indlustry, and upon approval
by the President shall be t~he standard of fair competition for this
Ind ustry.
AnuIcL II DEFZINFIONS

The following words are used in this Clodlewith the meanings set
forth :
("Industr~y shall include the manufacture of standardized steel
or other metal tanks and containers when shipped in a finished con-
dition or when sold from a published price list, including, but not
limited to, the items as generally set forth in Schedule A, but not
including t.he manufacture of such products when made b~y a pro-
ducer of other equipment as part of his own products or as replace-
ment parts and not for sale as separate tanks and containers for
other usage.
"'Association"' shall mean National Steel Tank Association.
L" Employee "'-any person engaged in any phase of the Industry
in any capacity, receiving compensation for his services, irrespec-
tive of the method or nature of payment of such compensation.
"L Emnployrer "~-anyrone bJy whom such employee is compensated or
employed.
Member of thie Industry "--anyone engaged in the Industry as
above dlefinedl either as an employer or on his own behalf.
""Apprentice "-a person (usually a1 minor) bound by indenture
to serve an employer for a, stated term at a predetermined wage
fo~r the period of indenture in order to learn a trade, art, or
profession.
"' President ", "'Act ", and "LAdministrator "-respectively, the
Presiden~lt of the United States, the. National Industrial Recovery
Act, andi the Administrator of Title I of said Act.
"'Administration "?-the National Recovery Administrat~ion.

AnnOCLE III-Houns
(a) No employee shall be permitted to work in excess of eight
(8) hours per day, which eight (8) hours shall be worked in any
(50)


CODE OF FAIR COMPETITION








period of nine (9) consecutive hours, or in excess of forty (40)
hours per week, except
(b) Firemen, engineers, and electricians engaged inl the prepara-
tion, care, and maintenance of plant, machinery, and production
facilities, and stock and shipping clerks, and delivery employees m~ay
be permitted to wrork not in excess of 8.8 hours p~er day3; provided,
however, that no such employees described in this par~agrraph (b)
shall be permitted to work. in excess of forty-four (44) hours per
week in any six (6) w-eeks in any six (6) months' period.
(c) Watchmnen may be permitted to w~ork; not in excess of fifty-six
(56) hours per week.
(d) Accounting, clerical, service, sales, and all other offce. em-
ployees may be permitted to workr not in excess of forty (49) hours
per weeki on a monthly average, and not in excess of forty-eight (48)
hours in. any one wPeek.
(e) Any employee whose hours of work are prescribed under para-
graph (a-) or (b) her~eof may, in cases of emergency production or
repair w~ork that cannot be met by the employment. of additional em-
ployees, or in order to protect life or property, be permitted to wrork
such number of hours as may be required.
(f) Any employee whose hours of wcrork are prescribed under para-
graph ( a) or (b) hereof shall be paid at the rate of not less than.
one and one half times hiis regular rate of pay~ or pallhorsp worke
by such employee. in excess of the hours specfediprgrh()
or (b), respect ively.
(g) No employer shall knowingly permit any employee to work
for any time which, when totaled wilth that already performed withl
another employer or employers in this Industry, exceeds the maxi-
mum permitted herein.
(h) NTot'hing in this Article III shall apply to or aflFect the em-
ploym'ent of any execuitive, adlministraotive, tech~niedl, or supervisory
employee regularly receiving more than $35.00 per week, or any
travehng or concussion salesman.
ARTICLE IV-WAGV~ER
(a) No employer shall pay anly employee eceptas hereinafte ro
provided, less than at the rate of forty(4)cnsprhu;ro
vided, how-ever, that any employer in the South may pay any em-
ployee not. less than at, the rate of thirty-four (34) cents per hour.
The Soulth, for the purposes of this Article I[V, shall include all the
United States locatedl South of MS/aryland, West Virginia, and
Kentucky and east of the Mississippi Rier.
(b) No employer shall pay any o~ld or partially disabled employee
or watchman less than at the rate of eighty (80) percent of the rate
pr~escribed in paragraph (a) hereof; provided, however, that no
employer shall employ any such employees and watchmen in an
aggregate number in excess of five (5) percent of the total number
of employees of sulch employer; provided, further, however, that
any employer may employ not less than two (2) such employees or
watchmen.
(c) No employer shall pay any apprentice or learner less than at
the rate ;of eighty (80) percent of the rate prescribed in paragraph








(a) hereof : provided, however, that, no employer shall pay any ap-
prentice or leanenr less than at thle rate prescribed in paragraph
(a) hereof after suchi apprentice or learner shall have been employed
in thle Industry in excess of three (3) months; provided, further,
that no employers shall employ any such apprentices and learners
paid less than aIt the rate prescribed inl paragraph (a) hereof in an
aggregate numbrntr in excess of five (5) percent of the total number
of employees employed~ by such1 employer upon production work.
(d) No emiploer shall pay anly necouinting~, clerical, service, sales,
or other office employee less thian at the rate of $15.00 per week;
providedl however that office boys and girls may be paid not less
thian at th~e rate of eighty (80) percent of the said rate of $15.00
per wee~k; provided fur'thier. however, that no employer shall employ
such office boys andl girls paid less than at t~he said rate of $15.00
pecr week in anl aggrecgate number inl excess of five (5) percent of the
total number of necou~nting, clerical, service, sales, or other office
employees employed by suchi emnployer.
(e) The wage~r differentials for a11 operations and occupations shall
be equitably Iereadjustedl. provided that in no case shall any such
differential b~e le!reased. Ealch employer shall report all such read-
justmlents mad~re by h~im to the Code Authority within thirty (30)
days following the effective date of this Code.
(f) No member of the Industry shall subcontract with any other
person for the fabrication of any product of the Industry except on
conditionn that. such~ other person shall comply with Articles III, IV,
andl V hereof for the purposes o~f the contract.
(g) No member of the Industryv shl~l contract with any employee
for the fabrication of any products of the Industry under any condi-
tio~n by\ which~ suchl employees may\ erngae other persons to fabricate
such product, or may'13 become a subcontractor for the purpose of such
fabrication.
(h) No emp~loyee of thie classes mentioned in paragraph (d) of
At~icle III w~ho is now receiving compensation at a rate mn excess
oif th~e mninimumn provided shall have his compensation reduced on
account of anyi reduction in the w~eekly hours of employment to con-
formn with the reqluiremenits of this Code.
(i) W~here an employee's weekly earnings on pieceworkr are less
than his weekly earnings at the established hourly rate for his class,
such employee shall be paid an amnouint not less than his weekly earn-
ings at the established hourly rate for his class.
(j) No distinction in rates shall be made between male and female
employees where suibstantially the same class of work is performed,
regalrdless of whether compensation is calculated on an hourly,
weekly, monthly, pieceworkr, or other basis.
(k) No member of the Industry shall reclassify employees or
duties of occupations performed by employees so as to defeat the
purposes of the Act.
(1) Nothing in this Article IV shall apply to or allect any outside
salesman compensated on a commission basis.
ARTIOLE V--CBILD LABOR

No person under sixteen (16) years of atge shall be employed in
this Industry, nor anyone under eighteen (18) years of age at operse








tions hazardous in nature or detrimental to health. I~n any State
an employer shall be dleemedl to have complied with thisprovision~rth
if he shall have on file a certificate or permit dutoylyuedt by the
Authority in such State emnpow~ered to issue empomnto g
certificates or permit, showing~r that the emlployee is of the required
Each miemb~er of the Industryr shall submit to th~e Code Authlority
within thirty (30)) days of the effective elate of this Code a list o
hazardous occupations.
ARTICLE V'I;-Amxxxs Tn.-\rroN
1. To furtherr effectuate the policies of the Ac~t, a Code Au~thorit~y
is hereby set. up for the administration of thiis Code.
(a) The Code Authorit~y shall consist of ceven (7) representatives
of the Association (no twclo of whoml shall represent the same member
of the Association), twlo (2) retpr~ese~ntatives of nonmemnber s of the
Association if the nonmlembers~ so desire, and one or more appocinttees
of the Administrator if he so des~ires. Such appointees or appo~intees
of t~he Administrator shall have no vote. The It!repesentative s of
the Associat~ion shall be elected by members of the Ass~iociation, each
memlber to have equal vote. The r~eprlesentative or representatives
of the nonmembers shall be elected in like mannner by the nonroem-
bers. The Code Authority shall complete its own organizatio-n by
the election of officers andr- appointmlent of agents, subject to the
approval of the Adml~inistrator. The members repre-enting the As-
sociation will, insofar as possible, be truly repr~esernttive of the
various sections of th2e. country and of the various products of the
Industry. The members representing the Assoc~iation will be elected
at the meeting of the Asso~ciation to be entled~ and held promptly after
t~he approval of this Code by the President, and therecafter at each
annual meeting thereof.
(b) In order thant the Code Authority shall at all times be truly
representative of the Industry, and in other respects comply with
the provisions of the Act., the Admlinistrator; miay arovidle such hear-
ings as he may deeml proper; and ther~eafte~r if he shall find- that the
Code Authority is not truly representative or does not in other
respects comply wFith the pr~ovisions of the Acet, he mayS require an
appropriate mlodification In the method of s-election of th-e Code
Authority.
(c) Any member of the Industry is eligible for mnembershipp in
the Association and there shall be no inequitable restrictions on such
membership. Any member of the Industry may participate in thle
preparation and any revision of and additionss or suppllemnents to
this Code by assuming his share of the responsibility of administer-
ing it and paying his proper prorata share of thie cost, of creating
and dmiisteingit, either byr becoming a member of the Associa-
tion- or by p---aydaninsin his proper share of the costs to t~he Codle Auth~ority.
There shall be no initiation fee for members of the Industry who
do not become members of the Association.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject, to the right of the Ad-
minist.rator, on review, to approve or disapprove any action taken
by the Code Authority.








(a) To collect from members of the Industry all data, reports, and
statistics when and as required by the President and/or the Adzninis-
trator and/or their agent or agents and/or the Code Authority. Such
information shall be confidential. Each such member shall send his
data signed byv him or his proper agent to a Neutral Agency desig-
nated by the ~Code Authority, in a plain envelope contained in an
envelope. addressed to the Neutral Agency. Tilns Neutral Agency
shiall assemble all such data and present to the Code Authority only
the combined totals. Each such member shall retain copies of his
own data to be sent direcct by him to the Administrator, if required
by the latter. Reports submitted by the Code Authority to the Presi-
dent and/lor thle Admiinistrator shall be in the formi prescribed and/or
approv-ed by himi.
(b) To represent the Induistry in conferring with the President
or h~is agents with respect to thle administration of this Code and in
respect. to the Act and any regulation issued thereunder.
(c) To receive compllaints of violations of thiis Code, make invecsti-
gations thereof, provided hearings thereon andi attempt to adjust such
complaints, anld b~ringr to th~e attention of the Administrator for pros-
ecution, recommendations, and information relative to unadjusted
com pla ints.
(d) To coordinate the admiinistration of this Code with such
Codes, if any, as may be adopted by any subdivision of this Industry,
or any related Industry, with a view to providing joint and har-
mionious action on all matters of common interest, all with the ap-
proval of the Administrator.
(e) To study the trade practice provisions of Article VII and
the operation thereof, and make recommendations from time to time
to the Administrator which it deems desirable for modification or
addition thereto, which upon the approval of the President, after
such hearing as he may prescribe, shall become a part of this Code
and have full force and effect as provisions hereof.
(f) To make rules and regulations necessary for the administra-
tion of this Code, subject to the right of any affected person to ap-
peal to the Administrator.
(g) To establish uniform specifications for thle types and sizes of
the products of the Industry. 1111en such uniform specifications
have been prepared and published to the Industry, no member of the
Industry shall knowingly sell or offer to sell any product of the
Industryr which does not conform to such uniform specifications, ex-
c~ept as "provided in paragrraph (n) of Article VII. The Adminis-
trator shall have the right, upon review, to disapprove any such
specifications.
(h) In addition to information required to be submitted to the
Code Authority there shall be furnished to Government agencies
such statistical information as the Adlministrator may deem neces-
sary for the purpose recitedl in Section 3 (a) of the Act.
ARTICLE VII--U~iArri PRACTICES

SECTION~ i. For all purposes of this Code the following nets shall
constitute unfair practices and each such act shall be a violation of
this Code.








()Inducing or a~ttempnt~ingr to induce a breach of contract to
whic a member of the Industry is a party.
(b) Making false or misleading statemrrents or descriptions, false
advertising, or misbranding products.
(c) Dissemintnatig publishing, or circulating any false or mis-
leading information Islative to any product or price for any prod-
uct of any member of t.he Industry, or to the credit standings or abil-
ity of any member thereof to perform any work or manufacture or
produce any product, or to the conditions of employment among the
employees of any member thereof, having the tendency and capacity
to mislead or deceive purchasers or prospective purchasers and/or
to affect injuriously the business of competitors.
(d) Fior the purpose of inducing or .influencing a sale, makring or
offering to anyr purchaser or prospective purchaser of anly product, or
to any officer, employee, a~gent., or rep-resentativ-e of any uhpr
chaser or prospective PUrchaser, any bribe, grratuity, gi~t,~ or othr-
paymlent or remuneratilon, directly or indlirect~ly.
(e) For the purpose of inducingo or influencing ae drcl
or directly, andl lavishly or excessively~ entertaitninng purchasers or
prospective purchasers of the products of the Industry.
(f) F(or the purpose of ind'ucing or influencing a sale, paying or
offering to pay specific advertising costs of any purcha~ser not of-
fered to all purchasers or prospective purchasers under like terms
and conditions.
(g) Obtaining or endeavoring to obtain business by thlreats or
coereson.
(h) Selling or offeringa to sell shopworn, ob~solete, or second-hand
products of the Induslltrry without11 filing descrip~tioni, prices, and terms
with t~he C~ode Authority before sale thleiereof and- securingr aypproval
from the Codle Authority for such sale or offer to sell. If and when
such offer to sell is approved, the Code Autlhor~iTy ,shll pomptl
notify all competitive members of the Industry ofteesipon
prices, and sterns of suchl proposed offers so filed.
(i) Se~lling or otfferinn to sell any products of the Industry3 mande
from any but new material, it being the intention to prohibit the sale
or offer of sale of any products of the. Industry made from steel or
other material wFhich has theretofore been in use for any purpose
whatsoever. or which has not been pur~chased by the member of the
Industry from a manufacturer or seller as new material.
(j) Usinga seconds or other than first-grade materials in the. manu-
facture of anty products of the Indu~stry without clearly and con-
spicuously stenciling such products 1Hade, from seconds '" and unless
they are flescribed~, advertised, sold, and invoiced as such without any
form of guarantee as to service or length of life.
(k)Selingoroffering to sell, billing, or charging for a combina-
tion or assem~k elnbly of regularly listed units, including or excluding
installation, wFithlout listing and pricingr --- each such unit. in the qulota-
tation and invoice.
(1) Selling or offering to sell, billing, or charging for any sale
on a quantity discount basis unless the quantity Is defnitely spect-
fled in the order and is to be shipped, billed, and charged within
ninety (90) days and paid for on regular terms.








(m) For the purpose of inducing a sale, buying, or offering to
buy, directly or indir~ect~ly, from purchasersorpsecieu-
chsrs of the product of the Industry, capital st~r~ospckgoods, wares,pr
and/or merchandise.
(n) Selling or offering to sell on nonstandard specifications wvith-
out frst clearly setting forth in writing to the Code Authority all
deviations from standard specifications.
(0) Guaranteeing against advances and declines in prices of the
products of the Industry, and the giving of notice to a purchaser or
prospective purchaser of price changes in advance of such notice to
the Code Aut.hority, as provided in paragraph (a) of Article VIII.
(p) Mlaking or offering to make contracts with purchasers or
prospective purchasers which provide for price reductions or rebates
on the basis of combining separate orders.
(q) Consigning or offering to consign products of the Industry to
be paid :for as sold.
(r) Accepting or offering to accept second-hand products of the
Industry as payment, in whole or in part, for products of the
Ind ustry.
(s) ~Changaing quotations, except to adjust such quotations to
changes in specifications or to correct bona fide errors, in order
to meet or better competitive prices.
(t) Storing of products of the Industry on the property of any
user or purchlaser or prospective purchaser thereof.
(u) Selling or offering to sell below individual's cost. The Code
Authority shall within ninety (90) days from the effective date of
this code determine a uniform methods of cost accounting, subject
to the approval of the Administrator, to be used by all members of
the Industry in determining cost.
(v) Mlaking or offering to make to a purchaser or prospective pur-
chaser a guarantee or warranty more liberal than determined from
time to time by the Code Authority and approved by the Adminis-
trator.
SEc. 2. Any deviation from the standards set forth in this Article
VII, or any amendments thereto, by any member of the Industry,
either directly or indirectly through a distributor or anyone else,
shall be considered an unfair method of competition and a violation
of this Code by such member.
AnnICLE VITIITERMs AND PRICES

(a) Since it has been the generally recognized practice of the
Industry to sell products on the basis of printed net price lists
or price lists with discount sheets and fixed terms of payment which
are distributed to the trade, each member of the Industry shall,
within five (5) days after the effective date of this Code, file with
the Code Authority net price lists or price lists and discount sheets
as the case may be, individually prepared by him, showing his cur-
rent net prices, or prices and discounts and terms of payment. Suf-
ficient copies and revisions thereof of printed net price lists or
price lists wfit~h discount sheets and fixed terms of payment shall be
furnished to the Code Authority for distribution by it to the mem-








bers of the Industry affected thereby. RIevised net pielsso
price lists with discount sheets mary be filed fromtieto tim~e
thereafter with the Code Authority byr any member of the Industry
to become effective upon a date specified by sucrh member of the
Industry, which date shall be~ not less than ten (10) days after the
filing of such revised prices at the ofice of thle Code Auth~ority, and
copies thereof, with notice of the efetctive dalte s~ec~ifiedl, shall be
immediately sent to all known members of the Industry affected
thereby, who may fle, if the so desire, revisions of their net price
lists or price lists with discount sheets, which, if filed~ not less thanl
five (5) days previous to such effective date, shall t~ake effect upon
the date when the revised net pnice lists or pr~ice? lists withl dis-
count sheets first filed shall go into e~ffect.
(b) No member of the Ind~ustry shall sell anly prod~uc~t of th In-
dustry at prices, discounts, or terms of payment different from the
schedule of such member on file with the Cosde Author~ity as above
provided.
(c) The operation of theF foregoing provisions in regard to price
lists shall at all time be subject to the approval of ther Admninistrautor
and, if it be the belief of the Code Authority that any net price lists
or price lists with discount sheets and fixed terms of paymlent, sub-
mittedl will represent sales below t~he c~ost of the member submitting
same, the Code AuthorityT shall condu~t; an investigrationl up to the
limit of its power under the Act, to determinee whTh~l~er any salesi in
accordasnce with sucht submlittedl price lists will constitute a violation
of paragranph (u) of Article VII for~bidfding sales below cost. If it
is determiined by the Code Authority that any such sale will constitute
a v~iolat.ion of said paragraph (u) of Airticle VII, the Code Author~ity
shall wiithoult any delay report said member to the proper authorities
for prosecution to the full extent. provided byr thie Act.
AnnIcLE IX"L-GENERAL

(a) Employees shall have the right to organnize and Untrgain collec-
tively through re~presentativ-es of their own choosing, and shall be
free from the interference, restraint, or coercion of emlploye~rs of
labor, or their agents, in, the designation of sulch repriesentatives or
in self-organization or in other concerted activities for the purpose
of collective bar~gaining or osther mutual aid or protection;
(b) N~o employee and no one seeking employment shall be reqjuire~d
as a condition of employment to Jomn any company union or to
refe~nm from joining. organizing, or assiisti'ng a Inbur o~rganization
of his own choosing; and
(c) Employers shall comply witdh the maximum hours of labor
minimum rates of pay, and other conditions of employment approved
orr prescribed by the President.
(d) This Code and all the provisions thereof are expressly made
subject to the right of the ]President, in accordanice with the pro-
visions of Section 10 (b) of the Act, from time to time to cancel
or modify any order, approval, license, rule, or regulation issued
under Title I of said Act and specifically, but without limitations,
to the. right of the President to cancel or modify his approval of this
Code or any conditions imposed by him up~on his appr~oval t~hereof.








(e) Within each state, this Code shall not supersede the laws of
any suc state imposing more stringent requirements, regulating
the age of employees, wages, hours of work or health, fire, or general
working conditions, than under thiis Code.
(f) Where the costs of executing contracts entered into in the
Indlust!y are increasedl as a result of the enactment of the Act and.
by the provisions of this Code, or where any contracts entered into
by an employer subject to this Code, are inconsistent with the pro-
visions thereof, it is equitazble and promotive of the purposes of the
Act tha~t atppropriate adjustments of such contracts be arrived at
by arbitral proceedings or otherwise, and with the assistance of
the Code Auithority members of the Industry should make such
adjustments, bult not in those cases involving the same general trans-
action or set of transactions where similar appropriate adjustments
are not made w~it~h the members of the Industry. Further, that
where the performance of orders accepted prior to the effective date
of this Code is delayed or prolonged as a result of the operation
of provisions of this Code, appropriate additional time should be
allowred for the completion of such orders.
(g) Such of the p~rovisions of this Code as are not required to be
included therein by the Act may, with the approval of the President,
be modified or eliminated as changes in the circumstances or ex-
perience mnay indicate. It is contemplated that from time to time
supplementary provisions to this Code or additional codes will be
submitted for the approval of the President to prevent unfair com-
petition in price and other unfair and destructive competitive prac-
tices and to effectuate the other purposes and policies of Title I of
the Act consistent with the provisions thereof.
(h) No provision in this Code shall be interpreted or applied in
such -ma nner as to:

(2) Permit or encourage unfair competition;
)3 Elimiinate or oppress small enterprise; or
)4 Discriminate against small enterprises.
(i) If any employer in this Industryr is also an employer in any
other Industryr, the provisions of this Code shall apply to and affect
only that part of the business of such employer which is a part of the
Industry covered by this Code.
(j') Each employer shall post in conspicuous places full copies of
this Codle.
AC~RrICu: X--EFFECTIVE: DBrE

This Code shall become effective ten (10) days after the date of
its approval by the President and shall apply to all persons engaged
in, the Industry.
App7roved Code No. 154.
Registry No. 1136-01.






















SCHEDULE A

Class 1.--Bulk Storage Tanks, Horizo~ntal and Vertical, for petroleum prod-
ucts and other liquids to be used for pressures nojt to exceed fifty (50) pounds
per square ineb, including steel supports, ladders, and walkway~slr for same.
Underground Storage Tanks for petroleum products and other lilulids of the
type used for Filling Station and domestic purposes. Tralcctrr Tender and
Skid Tanks and other tanks for petroleuml products and other liquids.
Class 2.--Hot-WaRlter Storage Tanks and Hydr~o-Pue-uinati Tanks, 1L20 gallons
and over.
Olass 8.-ABir Receiver Tanlks.
Class /.--Septic Tanks and Basemen~t Storage Tanks and/or supports for
fuel oil.
Clase 5. -Truck and Trailer Tanks.
(59)

O




UNIVERSITY OF FLORIDA
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