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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
LIQUEFIED GAS INDUSTRY
AS SUBMITTED ON AUGUST 26, 1933
REGISTRY No. 706-01
The Code for the Liquefied Gas Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained thereinlare
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
-UNIV. OF FL UBI. E DO OUR PART
00C~U 8 *~
GOVERNMbENT SPRINTING OFFICE
In order to insure th~e conserva~tionl of the liquefed gas resources
of the country, to eliminate unfair trade practices, to increase em-
ployvment, to establish fair and~ ad~equate, wages, to enlarge the. pur~-
chasinga power of persons related to this industry, to impove the
standards of labor. to so restore the liqulefiedl gas industry that it
may promote the gaener~al w~elfar~e and common prosperity of the
American people, to give max~imum safety protectionn to all con-
sumers regardless of typ~e, to eliminate unfair competition in the
liquefied gas industry, and to accomplish and effectuaite t~he policies
set. forth in the Na~tional Indtustrial Recov~ery Act, this Code of
fair trade practices governing the, liquefiedl gas industry is adopted.
THIS CODE COVERS ONLY THE MIARKETING OF
LIQUEFIED GALS FOR ANYI USE WC~HATS;O EVER, IN ANYAN
QUANTITIES AND IN ANY SIZE OR TYPE OF CON-
Liquefiedl gas for the purpose of this Code is (a) an inffnlammable
liquefied hydlrocarboiin mterial having an, absolute va~por pr~essure
exceedingr tw\Tenty-fie pounds per sqluare inch gauge at 700 F`. andt/or
(b) any inflamlmable liquefied- hydrlocarbon material with a lesser
vapor pressure, but. not less than nine (9) pounds absolute vapor
pressure at. 70" F., whecn same is ulsed as or in a similar manner to
'' bottled gas for purposes such as co.okinlg, water heating, and the
lik~e by the gas feed, liquid feed, or other uitilization systemn, or as
raw material in p~entanie-air! machines and the like.
A Person, firmn, association, cor~poratio~n, or a producer, distr~ibu-
tor, jobber, wholesaler, or retailer shall herein be termed "' marketer."
Employees inl this industry shrll have the right, to organize and
bargain collectively through representatives of their own choosing,a
and shall be free from interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization, or in other concerted activities
for the purpose of collective bargaining, or other mutual aidl or
protection. No employee in thiis industry, andl no one seeking emn-
ployment therein, shalnl be req~uiredl as a condition of employment
to join any comipany union or to refrain fr~oml joining a labor organ-
ization of his own choosing. Employers of labor in this industry
shall comply wit~h the maximum hours of labor, minimum rates of
pay, and other conditions of employment approvedl or prescribed
by the President.
CODE FOR THE LIQUEFIED GAS INDUSTRY
The selection, retention, and advancement of employees will be on
the basis of individual merit without regard to their affiliation or
nonaf~liation with any labor or other organization.
The employees of the liquefied gas industry, except executives,
supervisors, and their immediate clerical force, andl outside sales-
men, will work on an average of not more than 40 hours per week.
Because of the exigaencies and seasonal peaks of the liquefied gas in-
dustry it may be necessary to wFork the employees more than 40
hours per week on occasion, but the weekly work 'for each individual
for each six months' calendar period shall not exceed an average of
40 hours per week nor exceed a total of 48 hours in any one week.
The minimum wage to be paid by employers in the industry shall be
forty cents ($0.40) per hour, excepting those employees working on a
commission or drawing account basis in the direct sales activities of
The rate for other labor shall bear a, fair relation to the fore-
going, giving due consideration to the experience and knowledge of
the employees affected and to the prevailing scale for similar work
in the locality of the employment, but no attempt shall be made to
introduce any classification according to the nature of thle work
involved which might tend to set a maximum as well as a miinimum
No "L MAIRKETER )) IN THIS INDUSTRY SHALL EMPLOY ANY MINOR UNDER
THE AGE OF SIXTEEN (16) YEARS.
THE LABOR PROVISIONS HEREIN SHALL N'OT APPLY WHEN THE PRINCI-
PAL BUSINESS OF A' MIARK~ETER COMING WIITHIN THE ARTICLES OF THIS
CODE Is OTHER THAN MTARK;ETING OF LIQUEFIED GAS. A LL MAcRKETER ")
WHOSE PRINCIPAL BUSINESS IS OTHER THAN THE MABRKETING OF LIQUE-
FIED GAS SHALL BE PRIVILEGED TO ABIDE BY THE LABOR PROVISIONS OF
EITHER THIS CODE OR THE CODE ADOPTED FOR T~s PRINCIPAL BUSINESS,
PROVIDING, HOWEVER, THAT IN NO CASE SHALL' SUCH 'C MARKETERS'
MINIMUM WrAGE SCALE OR MABXIM\UM HOURS OF EM\PLOYM\ENT BE MIORE
ADVANTAGEOUS8 TO SUCH MABRKETER THAN THE PROVISIONS SET FORTH
In order that the President of the United States may be informed
as to the observance or nonobservance of this Code and as to whether
the liquefied gas industry is taking appropriate steps to effectuate the
declared policy of the National Industrial Recovery Act, each mar-
keter engaged in any phase of the liquefied gas industry will fur-
nish duly certified reports every month showing the actual hours
worked by the various occupational groups of employees and the
minimum hourly andl/or weekly and/or monthly rates of wages in
such form as may be hereafter requested.
No marketer engaged in the sale of liquefied gas products
shall induce, attempt to induce, or assist a party to break a, then
existing written contract for the sale of liquefied gas products or a
then existing lease of the equipment used for the sale or utilization
of liquefied gas products between that party and another.
No marketer "? engagedl in the sale of liqlefiedd gn~s products shall
knowingly enter into anyl agreement to sell or deliver any liquefied
gas to anyone where sale or delivery will violate or prevent the
performance of a then existing written contract between the person
to whomn the sale or dlelivery is made and another.
No contracts in violation of this Code are protected under this
When any equipment, tank, cylinder, or other device for the
storage, consumption, handling, or sale of liquefied gas sold or
leased prior or after the adoption of this Code bears the namle, mark,
trade mark, or tradle name of any "L marketer "' engaged in the manu-
facture or sale of any such com~modity, nio other marketer ", un-
less that mnarketer has been regularly serving such equipment
immediately prior to the adoption of this Code, or unless such equip-
ment is owneed by Federal, State, or municipal governments or sub-
divisions thereof and no liquefied gas contract is in effect, shall de-
liver into or deliver for sale to such equipment, tankr, cylinder, or
other device, or any tank or container connected therewith, any
liquefied gas other than that manlufactured, sold, and distributed
by the' marketer whose name, mark, t~radle mar~k, or trade name is
so affxed, and no marketer shall in. anly way knowingly be a party
to the substitution of one brand of liquedfied gas for another, or the
removal or transportation of any equipment, tanks, cylinders, dec-
vices, or the like belonging to another marketer."
No "marrketer "' shall make any changes in, additions to, or sub-
stitutions from, any equipment installed by any marketer ex-
cept where such other "r marketer has been regularly supplying
liquefied gas for use in such equipment immediately prior to the
adoption of this Code, or upon written permission of the owner
thereof or the original marketer "! installing same. Marks, trade
marks, or trade names of any marketer engaged in the manu-
facturing or sale of any such comimodity: shall not be removed by
any other marketer except on written aut-horization by such
"' marketer and/or owner.
As the bottled gas branch of the liquefied gas industry is a grow-
ing industry andl as it is still in its development period of- creating
new markets, marketing of appliances to- consumers directly by t~he
"L marketer is essential, and all marketers may? sell appliances
direct. Incentives such as load-building appliances? utensils, ad-
vertising novelties, etc., shall be construed as assisting in building
the industry and shall be allowed, only to consumers already using
liquefied gas as compensation for services rendered, in a manner
conducive to good business practices, and the value of such incentives
shall not be excessive in comparison to business gained thereby.
Marketers engaged in the sale of liquefied gas shall not. give
away any liquefied gas nor make any installation or lease free: of
charge or at less than posted prices.
This rule shall not prevent (a) the giving of other reasonable
prizes at fairs, public demonstrations, and cooking schools: (b) the
giving of other reasonable incentives to induce attendance at such
public demonstrations or to obtain names of prospective consumers.
All marketers shall post at. each point from which they make
deliveries and at places r~endily accessible to the public all rces
for whlich liquefied gases are sold at retail. All marketers en-
gaged in the retail sale or leasing of bottled-gas equipment shall
post. at each point from which they make deliveries and at places
readily accessible to the public all retail prices for which bottled
gas equipment are sold and/or leased. Upon adoption of this Code
all "' marketers shall sulanit posted price schedules and any price
changes made thereafter in written form to the National Bottled
Gas Association, or any other association designated by the Emer-
gency National Clommit~tee, within twenty-four hours after such
change. All marketers shall have access to this information
from the "'Assciation upon written request. All prices shall re-
main in effect for at least twent~y-four (24) hours after they are
posted. Posting shall include t~he following: (a) The retail prices
for all classes, types, methods, and quantities of deliveries of liquefied
gas; (b) the p~ric~es and/lor lease or installation charges for all types
and specifications of liquefied gas equipment for retail use; (c) a
schedule of all discounts offered andi the terms thereof; and (d)
a statement of all terms as to freight rates, deliveries, and points
of price basis. All retail sales or leased installations shall be made
at the posted price or lease charges and no marketer shall make
any deviation from his posted price by means of rebates, allow-
ances, concessions, benefits, scrip books, quantity discounts, dis-
counts to buyers of a class or byv any plan, device, or scheme whereby
any buyer obtains ainy liquefied gas or equipment, or lease, or installa-
tion at a net cost. lower than the posted price.
N~o marketer engaged directly or indirectly in the liquefied
gas industry shall sell any~ liquefiedl gas below- his cost.; nor shall sell
at retail any liquefied gas equipmr-ent or appliances for less than his
cost; nor schall lease any utilization equipment at an installation
charge, lease fee or any~ other for~m of initial charge that is less in
amount than such L mnalrketers full costs of his standard utilization
All utilization equipment requiring portable and/'or moveable con-
tainers shall be approved by and listed with thle Underwriters Lab-
orator~ies, Inc., of National Board of Fire Underwriters and/or
affiiates andl shall be installed, mzaint~ained, and operated in accord-
ance with the rules and recommendations of UCnderw~riters Labora-
tor~ies, National BIoardT of Fire Underwriters and/'or affiliates, as a
means of promoting the greatest degree of safety.
All cylinders or drums .purchazsed after the effective date of this
Code shall be built and maintained in accordance with the specifica-
tions and regulations of the Interstate Commer~ce Conun~ission. All
cylinders or drums punrchalsed: and,'or in use prior to the effective
date of this Code, and used for storage and,'or transportation of
liquefied gas, in interstate or inltrastante service, by, rail, truck or
otherwise, shall, if not constructed, markled, and maintained in ac-
cordance with specifications and regulations of the Interstate Com-
merce Commission, be either retired fromt anyl storage or t~ransporta-
tion service or be tested, and maintained in accordance with specifi-
cations of the Interstate Commerce Commission within five yeast'
fromt the effective date of this Code.
No deliveries of liquefied gas in or by cylinders or otherwise shall
be made to any installations either temporary or permanent. for
domestic or commercial bottledl gas uses such as cooking, hot w~at~er
heating, lighting, andl space heating, which installations are located
inside buildings, basements or other dangerous or hazardous loca-
tions, excepting only buildings designed andl erected specifically
a~nd exclusivelyv for housing such installations.
Liquefied gas cylinders or drums shall be w~rarehoused and/or
stored only in a safe location and in a safe manner, in accor~dance
with recognized safety practices andl under the rules or recommenda-
tions of insurance companies or r~ecognized authorities, and shall not
be warehoused and 'or stored in stores or locations usedi or fr~equenlted
by the public.
All deliveries of liquefied gas made to buyers or consumers for
domestic use shall be limited to the capacity of thle liquefied gas
equipment installed on the premises of said user or buyer.
All tanks, containers, piping, devices, and utilization equipment
shall be built in accordance wit-h t~he rules or snpecfientions coveri~ng
that class promulgated by National Board of ]Fire U~nderwr~iters,
National Fire Protection Associat~ion, and/or alliliates, and shall be
installed, maintained, and oper~ated inl strict, accordance wjpith- th~e
rules and recommendations of tie. National Board of Fire Under-
writers, National Fire Protection Associaltion, and,/or affiliates.
"' Marketers engaged in the sale of liquefied gas or sale or lease
of liquefied gas equipment, being cogrniza~nt, of thle need for safety
in equipment. and installation, shall not sell, lease, or install any
reclaimed or second-hand equipment, except where such equipment.
has been reconditioned so as to be equivalent from a safety stand-
eupe point to new equipment of the same type and specification. Such
price of unused equipment.
"' Marketers shall permit any duly authorized employee, agent, or
representative of the Commission delegat~ed under the National In-
dustrial' Recovery Act to make any inspection or examination of
books, records, contracts, plants, or stocks of merchandise to deter-
mine if there has been any failure to comply with thne provisions olf
The broadcasting or publishing, in any manner, of a claim, repre-
sentation, or implication which might be reasonably construed to
lead to a false or incorrect conclusion in regard to the goods, prices,
or service of the advertiser, or in regard to the goods, prices, or
service of a competitor, or which lays claim to a policy or a con-
tinuing practice of generally underselling competitors, is prohibited.
This Code shall also apply to renewals or extensions of contracts
made prior to the effective date of this Code.
Th~e provisions of this Code shall not apply to transactions be-
tween subsidiary or affliated companies. Companies shall be con-
sidered to be affiliated when one owns the majority of the outstanding
capital stock of the other and when the majority of the outstanding
capital stock of each is held by the same individual, corporation, or
The provisions of this Code shall not apply in respect to sales
made in the United States for export to foreign countries.
The unauthorized use by any "' markieter of the trade mark, trade
sloaninsignia, or emblem of any other marketer or of any
association in the liquefied g~as industry, or the assertion or
claim, by advertisemlent or otherwise, by any "L marketer that he is
a member of any such association when in fact not a member
thereof, is prohibited.
All consuming appliances not manufactured for liquefied gas
shall be properly adapted or converted for the safe and effcient use
of liquefied gas, and no marketer shall render such conversion
service, on appliances being connected to a liquefied gas installation
made by such marketer ", at prices below cost of labor and
The marketing provisions of this Code shall apply to all ar
keters of liquefied gas as hereinbefore definedl regardless of any of
their trade associations or other industrial affiliations.
A violation of any of the rules of this Code shall constitute an
unfair trade practice.
In the event any rule of this Code should be disapproved or held
invalid, such action shall in no w~ay affect any other rule hereof.
EMIERGENCY NATIONAL COMMi\ITTEE
SECTIONu i. There shall be an Emergency National Committee of
the liquefed gas; industry to consist of elev.en (11) committeemnen,
selections to be made so that every section of the United States will
be fairly represented. Of this committee there shall be a Chairman,
selected by a majority ote of the Comnmittee from the Committee
mem be rsh ip.
EMERGENCY EXECUTIVE COIMCMITE
SEc. 2. The Emergency Nat~ional Committee shall select from its
membership an Emergency Executive Committee composed of the
Chairman of the Emergency National Commnittee, who shall be also
t~he Chairman of the Emerlgency Executive Comimittee, and two
others. Thle Emergency Executive Comnmittee thus constituted shall
have all the authority andl power of thne Emiergency NaJtional Com-
mittee when the Emergency National Committee is not in session.
POWERS AND DUTIES OF COMSMITTEES
SEc. 3. (a) The Emergency ~National Committee shall be the gen-
eral planning and coordlinat~ing agency for the industry. It shall
make rules and regulations and gather such statistics as it may deemn
necessary, and upon complaint of interested parties or upon its owrn
;nitiantive may make inquiiry and~ ;nvestti~nion into the operations of
this Code, and shall aid the President and his delegates in the admnin-
ist~ration of this Code and the National Industrial Recovery ~Act.
(b) The Comnmittee shall make and publish, from time to timle,
sulch forecasts on these subjects as it may deem advisable. It may
call upon and require marketers andl all others engaged in the
liquefied gas industry for information and reports, to enable it not
only to make the findings required by this Code, but when the re-
strictions herein provided are in force to know the extent to which
such restrictions a~re operative andl who are viola.tingr the rules anld
regulations, and failure of any marketer to comply with the Comn-
mittee's request for data and information in the form. prescribed
shall constitute a violation of this Code.
(c) The Commlittee shall utilize to the fullest extent possible the
fac~ilities of any andl all exnisting trade associations, national, regional,
or local, in the liquefied gas industry in such manner as may seeml
most useful to the work of the Comnmittee. It may form or
cause to be formed advisory committees and comlmittees to cooperate
in the administration of this Code, the National Industrial Recov-
ery Act, and2 the rules and regulations thereunder.
SEc. 4. The Chairman of thle Commit~tee shall havce and exercise
such authority as may be delegated to himt by the Committee. All
communications and conferences of the liquefied gas industry with
the President or with his agents concerning the approval or amend-
ment of this Code or any of its provisions or any matters relative
thereto shall be through the Committee.
SEC. 5. All vacancies in the Emergency National Committee and
the Emergency Executive Committee shall be filled by the Emer-
gency National Commit~tee. Members of all Committees shall serve
until August 15f, 1934, when their termi shall expire.
QUORUM\ AND PROCEDUJRE
SEc. 6. The Emergency Nat~ional Committee shall determine from
time to time thle number of its members requisite to a quorum, and the
number of members of the Emnergency Executive Committee requi-
site to a, quorumn. It. shall also adopt rules of procedure for both
Committees. Each Commnittee shall fix its own meeting dates and
p~laces of meeting. Members of the Commit~tee mlay designate alter-
nates to act for then at meetings of thle Coommittees.
FEES AN~rD A8SSSESSENTS
SEC. T. NO Iniitiation or entr~ance fee shall be charged, but, to cover
thIe act ual ex penses of adminiiist ration, assessments shall be made
by the Emergency National Committee of the liquefied gas industry,
hereinbefore provided for, which assessments shall be on a fair and
equitable basis, considering the nature and extent of operations
carried onl by those subject to assessments, and assessments shall
be. paid promptly when due by those assessed.
SEC, 8. ThlS Code miay be amendedl by two-thirds vote of the entire
membership of the Emnergency National Committee and the amend-
ment shall take effect when approved~ by the President, provided
that reasonable public notice for t~en days shall be given to the in-
dustry of the proposed amendment.
Approved at general meeting of the Liquefied Gas Industry, Hotel
Comm~odore, New York Clit~y.
August 15, 1933.
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