Code of fair competition for the warm air furnace manufacturing industry

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Material Information

Title:
Code of fair competition for the warm air furnace manufacturing industry as approved on November 27, 1933 by President Roosevelt
Portion of title:
Warm air furnace manufacturing industry
Physical Description:
ii, 461-471 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Furnaces   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Approved Code no. 137.
General Note:
Registry no. 1103-07.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952411
oclc - 31990150
System ID:
AA00007112:00001

Full Text



































UNIV. OF FL LIB.
DOCUMENT DEPT.


U.S. DEPOMTOR~


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 137


Registry No. 1103-07


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMIPETITION
FOR THE


WARM AIR FURNAC~E

MANUFACTURING INDUSTRY

AS APPROVED ON NOVEMBER 27, 1933
BY
PRESIDENT ROOSEVELT


DO0 OUR PARTl


1.Ex~ie uiv Order
2. Letter of Transmittal
3. Code




UNITED STATES


GOVERNMlENT PRINTING OFFICE
WASHINGTON : 1933


























This publiention is for sale by the Superintendent of Documents, Government
Printing Office, W'ashington, D.C., and by district offces of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE

Atlanta, On.: 501 Post Office Building.
Birmiingham, Ala. : 257 Federal B3uilding.
Borstoni, Mass. : 1801 Custombhouse.
Buffalo, N.Y.: C"hambler of Commerce Buildinig.
Charleston, S.C.: Chamber of Commnerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Clevelandl, Ohio: Chablei of Commler~e.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 2213 First National Bank Building.
Houiston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonvlle, Fla.: Chamber of Commerce Building.
Knusns City, M~o.: 1028 Baltimore Av~enue.
Lo~s Aingeles, Cailif.: 1163 South Broadwa~y.
Louisville, Ky.: 408 Federal Building.
M~emp~his, Tenn. : 229 Federal Building.
M~inneapolis, M~inn.; 213 Federal Building.
New Orleans, Ln.: Room 225-A Custombouse.
New York, N.Y.: 734~ Customhouse.
N'orfolk, V'a.: 4106 East Plume Street.
Philadelphia, Pa.: 033 Comme~lrcial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Nlew Post Office Building.
St. Louis, M~o.: 5066 Olive Street.
San Franllcsco,o Calif.: 310 Customhouse.
Settle, Wa'sh. : 800( Federal Buildling.













Approved Code No. 137


CODE OF FAIR CO1MPIETITIONI
FOR THE

WARM AIR FURNACE MANUFACTURING INDUSTRY

As Approved on November 27, 1933
BY

PRESIDENT ROOSEV1ELT





Executive Order

An application having been duly mande, pursuant- to and in full
compliance with the provisionq of 'title I of the Nationai~l Industrial
Recovery Act, app~roved Julne 16, 1933, for my appr~ovnl of a Code
of Fair Comp~ettiionl for ther Warm Air FIurnace Manufacturing
Industry, and hearings h~avingi been held thereon and the Admin-
istr~ator having rendler~ed his r~epor~t- contanirlng an, analysis of the
said code o f f i r com pet i tion together w\i th his r~econunmenra t ions and
findings with respect ther~eto, anld the Ad~ministr-ator having found
that the saidl code of fair competition complllies in all respects with
the pertinent provisions of title I of said act and that the r~equlire-
ments of clauses (1) and (2) of subsection (a) of section 3 of the
said act have been met.
NOW1, THEREFORE, I, Fr1anklinl D. Roosevelt, President of the
UI'nit~ed States, pur~sunnt to t~he authority vested in me by title I. of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do approve the r~epor~t and recommendations and adopt
the findling~s of the Aidministr~ator and do order that the said. code of
fair comlpet~it~ion be aind it is h~erebly approved.
IFRANKiLI[N D. RIOOSEVELT.
THE \fHITE HOUSE,
N~o vemnber 7, 1933.
Approval recommended :
HUGH S. JOHNSON,
Sd miniistrlatorl.
(4 61)


23780"---244 -105---33














NOVrEMBER 15, 1933.
THE PRESIDENT,
The WhT~ite House8.
SmR: This is a report on t.he Code of Fair Comlpetition for the
Warm Air Fuirnace M~anufacturing Indust~ry, and on the public
hearing conducted thereon in WVashington, D.C., on October 23,
1933, in accordance with the prov-isions of the National Industrial
Recoveryy Act.

Pn)ov~isroNs; or TmIs CODE AS To WrAGES AND HOURS

All employees, except office employees, shall be paid a miiinimum
rate of fort~y cents per hour inl the North and thirt.y cents per hour
.in thle South.
Leaner shllbe aideigtypercent of the above minimum, but
Leresshall no ced pin number fve percent of the total number of
such employees.
Office emlploSees sliall be paid a minimum of fift~eepl dollars per
weh-ek ecept that office boy~s or girls, not to exceedl one to every
ten office employees, shall be paid- at least eighty percent of the
above rates.
Oldl and disabled employees, not exceedinga in number five percent
of a~n employer's total number, shall be paid at least eighty percent
of the above minimum rates.
Forty hours is the maximumin number of working hours for any
week a~nd eight~ hours for iny layv. At certain intervals forty-eight
hours in one week is p~ermissibile.
A? tolerance of ten percent is allowed for maintenance and repair
w~orkers.
W\atchmen shall not be employed in excess of fifty-six hours in any
one week.
All employees, except office employees, shall be paid at the rate of
tgime alnd one half for hours in excess of the normal daily or weekly
THRTITTIER
Office employees shall not be employed in excess of forty hours a
week or more tha~n forty-eighlt hours in any one week.
Emnployers shall equitably adjust the compensation of employees
receiving morel than the minimum rates of pay providedl and report
rea~dju.s.tments to the Code Authlority.
EcoNontic EFFECTS

TChis Industr~y dependls chiefly up~on new residential building for
consumption of its products ordinarily but now is Inr~gely depenident
upon repineementt demand. BIetween 1929 and 1931 there has been
a decline of almost forty percent in the value of this Indust~ry's
pr~odlucts.
(462)






463


Of the two hundred and six of this Indlustry's concerns operating
in 1929. only seventy-six now rema~in. This Code will not therefore
effect the reabsorption of all :former empLloyees but will increase
thle number of employees over that of Septemnber 1933 by twenty-two
percent.
A substantial increase in emplloyimen t has occurred inl this Industry
since January 1, 19333, due partially to seasonal variationls but prin-
cipally because some plants were operating under the President'~s
Reemploymnent Agireement.
This Codle provides for the upward adjustment of this Industry's
employees'' wages to the ext~ent practicable.
FINDINGS

The Admninistrator finds that:
(a) Thle Code as recomnmendled complies in all respects "with the
pertinent provisions of Title I of th~e Act, including, without limita-
tion, subsection (a) of Section 7I and subsection (b) of Sec~tion 10
thereof; andc that
(b) The app~licant. group, imposes no inequitable r~estr~ictionis on
admnissrion t.o mecmbership thereinl and is truly representative of the
Wa'rml Air Furinace lunnufacturing Industry; an~d that
(c) The C'ode as r~ecomme~nded~ is not designiiedl to promote monop-
olies or to eliminate or~ op~press small enterprises andl will not operate?
to discriminate against theml and will tend to e~ffectuate the policy
of Title I of the NaT.tional Indlustrial Rei\cver Act.
It is rccommn detllld, t her~efore~, thaet, this Code be alppr~oved.
R-esp'ect fu lly,
Huanr- S. JOHNSON,
Administrator.









CODE OF FAIR COMPETITION


FOR THE

WARMI AIR FURNACE MANUFACTURINGG INDUSTRY


To effectuate: the policies of Title I of the National Industrial
Recovery3 Act, the following provisions are submitted as a Code of
FaiPr Cmnpetitin for the Wanrm Air Fu~irnace Manufacturingin In-
dustry,, and upon approval by the President, shall be the standard of
fair competition for this Industry, and bind~ing upon every member
thereof.
ARTICLE I DEFINITIONS

(a~) L" The Industry means and includes the business of manu-
facturing and selling by manufacturers of cast iron or steel warmly
air heating furnaces in the United States.
(b) National Industrial Recovery Act means the National
Industrial Recovery Act approved by the President on June 16, 1933.
(c) "Act "' means National Industrial Recovery Act.
(d)"InIStitulte means the W\arml Air Furnace M~anufacturers'
Institute, a Trade Association.
(e) The term Employee as used herein includes any person
engaged in any phase of the Industry in any capacity in the nature
of employee, irresp~ective of the mneth~od of payment of his com-
pensat ion.
(f) The termi Employe~r as used wherein includes anyone by
whoml such an employee is so ennagedl.
(g) "C Effective D~ate ?' meanis thie second M~ondlay after this Code
is duly approvedc by the President of the Uniited States.
(h) Jobber means anyone whose sole business is to sell to
dealers, heating contrnet~ors, and 'or installers, andl whlo does not per-
for~m, directly or indirectly, the fuinctions of a dealer, cheating con-
tmrator, or installer. If any aipplication of this definition should
wor hrdh i upo an mber of the In delle.o ieIrustry~, or any customer,
suchmemer o th Inustry, or such customers, may apply to the
Code Authority!, which shall have power to grant such exemnption
as justices~ ma r'eqtu re.
(i) Dealer andr or Heating C'ontlractor ", and~ 'or "' Installer "
means anyone whlo buys- the products of the Inldustry for resale to
the conuiimer and1i or installation inl connection with such sale. If
any appliention of this decfinitioni should work hardship upon any
members of the Indtustryr, or any customer, s~c~h member of the In-
dusitry or customerI may) appeal to the Code Authorityr, which shall
have poweri l to grant such exemptioni as julStice may require.
(j) The termi "' MIember of the Indurstryv' In means anyone engfaged
in the Inldustry, whether as an emnployer or on his own behalf.
ARTICLE II CONrDITIONS OF EMIPLOYMLENT

SECTION 1. (a) Emp-loyees shall have the right to organize and
bargain collectively through representatives of their own choosing,
((464)






465


and shall be free from the interference, restr~aint, or coercion of
employers of labor, or their agents, in, the designation of such rep-
resentatives or in self-organization or in other concerted activities
for the purpose of collective barga~ininlg or oth~er mutual aid or pro-
tection.
(b) No emnployee. and no one seeking employment shall be required
as a coniditiory of emnploymecnt to join any companyS union or to
refrain from joining, or~ganizinlg, or assistmng a labor organization
of his own choosing.
(c) Emplloyers shall comply with the maxsimumi hlours of Inbor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribedl by the President.
(d) Emlployers shall not r~eclassify employees or duties of occupa-
tionls performed by employees so as to defeat the purposes of the A8ct.
(e) Each employer shall post in. conspicuous places full copies
of this Code.
SEC. 2. akinlit??Nll Wa~Jges.--On and after the effective late the
minimum wage which shall be paid by employers in the Industry
to employees other than office employees shall be at the following
rates:
(a) In all S~tates of the U~nited States, except Tennessee, North
Carolina, Southl Car~olina, Georg~in,~ Alabama, Flor~ida, Mississippi,
and Louisiana, thle minimum rate of pay shall be not less than forty
(40) cents per hour.
(b) In the States excepted in the above paragraphi (a) the m~ini-
mum rate of pay?! shall be not to exceed ten (10) cents per hour less
th~an that prescribed for other States.
(c) The minimum rate of pay for learners shall not be less than
eig~ht~y percent (809)) of thle minimum. wage providled herein, and
the total num-ber of such learners shall not exceed in any calendar
m~ont~h fie: (5)i parent of the total factory emprloyees of an~y em
player, providcedl that nlo one shall be employed in the capacity
learner who hars been employed within the industry for one y~ear,
w~heth~er by one or mor~e employers.
(d) The minimnum wnge which shall be paid by any emnployer to
office employees. except, employees covered in Section 2, paragraph
(e) of this Article II, shall not be less than at the rate, of fifteen (15)
dollars per week.
Office boys and girls shall be exempt from the foregaoing provisions
of this paragrraph (d), provided the~y are paid at the rate of not less
than eighty (80) percent. of t~he minimum wage provided in this ~para-
graph (dl) for office employees, anrd provided that they shall not
exceed in number mor~e than one to every ten offie employees.
(e) Old andi partially disabled employees shall in no case be paid
less than eighty (80) percent of the within minimu wage rates of
pay, and provided that. the total of such employees shall not exceed
five (5) percent of the total number of employees employed by any
employer.
SEC. 3. JEGlRzit/Rc~ 1SOt.- NO employee, except office employees,
shall be employed in excess of forty (40) hours in any one week, or
eight (8) hours in any twentyv-four (24) hour period, except durifig
any twelve (12) weeks in a twelve (12) months' ~per~iod when em-
ployees may be, employed not more thnforty-eigrht (48) hours
during any one (1) week, but such limitations shall nlot apply to:






466


(a) Employees engaged solely at maintenance and repair workz
and shipping crews, firemen, engineers, and electricians, as to whom
there shiall be a tolerance of ten ( 10) percent.
(b) Emnployees engaged in an executive or supervisory capacity
r~eceivingr thirty-five (35) dollars or more per week, and outside
salesmen.
(c) WVatchm~en, wvho may be employed not mnore than fifty-six
(56) hours in any one week.
(d) All employees, except office employees and except employees
covered b~y Paragraphs (a) and (b) of this Section 3, who work
more than eight (8) hours inl any twenty-four ('24) hours period,
or more than for~ty (40) hours per week, shall be paid not less than
onie and one half times their normal pay for said excess.
SEC. 4. (a) Office employees shall not be employed for more than
forty (40)) hours in any one (1) week, nor eight (8) hours in any
twenty-four (241) hour period, subject to the following exceptions:
(b) During any twelve (12) weeks of any twelve (12) months'
.period, suchl office employees may be employed for not more than
forty-eight (48) hours in any one (1) week; provided, however,
that the average of weekly hours of employment of any such em-
ployee over such twelve (12) months' period shall not exceed forty
(40) hours per week.
SEC. 5. (a) This Art~icle establishes m~inimum~ rates of pay, reg~ard-
less of whether the employee is compensated on the basis of a time
rate or on a piecewfork; basIs or otherwise.
(b) Equitable adljustmnent, of compensation of employees receiving
.more thani the miinimium rate of pay herein prescribed shall be made
by all employers, who have not hecretofore made such~ adjustments,
and all employers shall within ninety (90) dlays after the approval
of this Code. report, in full to the Code Authority concerning such
adjustments whether made prior to or subsequent to such approval.
Sj~c. 6. Employecrs in the Industry shall not employ any minor
undelr the age of sixteen (16) years, nor any person under the age of
eighteen (18) in any hazardlousi foundry operations. The Code
Authority shall tsubmiit to the Admninistrator wFithlin ninety (90) days
after thle approval of this Code a list of such operations.
SEC. 7. (n) NO emjilovoer shall engage any employee for any time,
w~hich. w~hen totaled witih that alrea~dy performed inl the employ of
another employer or employers, exceeds the maximnumi permnittedl
herein; provided. that if any employee should be employed by more
than one employer for an aggregate period in excess of such mnaxi-
mnumi without the knowledge or connivlance of any one of such em-
p'loyers, such employers shall niot be deemedl to have violated this
paragra1~7ph.
(b) An employer shall admiinister work in his charge so as to pro-
vide a m~aximnum pr1acticalble continuity of employment for his
personnel.
(c) An emiployer shall make payment of all wages due in lawful
culrrency or by negotia-ble check, payable on demand. No deduc-
tions from suchl wages shall be made for pensions, insurance, or sick
benefits, but employees may vcoluntarily make such payments.






~467


(d) The employer shall accept no rebatese, directly or Indirectly
on wages, nor give anything of value or extend faor~s to any person
for the purpose of influencing rates of wages or working conditions
of his employees.
(e) WVithin each Stalte thlis Code shall not supersede anyc lawsi ofi
such St~ate which impose mnore stringient requirements on employers,
regulating the age of employees, wfages, hours of workr, health, or
general workingr conditions than under this Code.

AlRrICiz III--RULESi COVERING `XINDLSTlit

SECTION 1. Unfair Trade Practice Rules. To accomnplish the p~ur-
pose contem~plated b~y thle A~ct thle following practices ar~e here~by
declared to be unfair methods of competition.
(a) Givinlg or promlisinga to give to any purch~aser -or prosp~ec~tive
purrchaser of any product, or to any officer, employee, agerit, or
representative of any such purchase r or pr'ospet~ iveC purchnser in
connection with any sale or prospective sale, anyr bribe, gra~tuity,
g~ift, or other payment or remuneration. directly or indlirectly.r
(b) Paying or allowing t~o be paid to" any purchaser in connee
tion with the sale of any product, any rebate, commission, credit,
discount, adjustment, or simnilar conressionl other than as specified
in the price sheet. of the mnemb~er of the ~Industgr ypubishe~d pursuant
to Article TII, Section 2.
(c) DiESseminating, p~ubliShing, or- circulating any false or mxiis-
leading information relative to any~ product or price for: any prod-
uct, of any m~ember of the Industry, or the credit, standing or ability
of an mlemlber of the Industry to perform any work or produce~ a
product, or to the conditions o~f emlploymlent among thre employees of
any M~embler.
(d) MSaliciously indlucing or attemnpting to induce the breach of
an exijstinga oral or wr~itten contract between a competitor and his
customer or source of supply, or interfering wi~th or obstructing thei
performance of any such contraictual duties or services.
(e) Ma~king false r~ep-res~entation s or falsely marking or branding
products of t~he I~dustrly. for th~e lpurpose or' with the effct o
miisleading~ or dleceiving purchasers.
(f) Stating in the invoice of any product, as the date th~ereof, a
date later than the date of shipment of such product, or including
inl any invoice any produlct shipped ion at dater earlier than the date
of such invoice for the: purpose of evading the Code.
(g) Acceptinlg orders fosr large quantities of products of the In-
dustry, and then mnaking small quantity deliveries at the large quan-
tity price, for the purpose and with the effect. of unjulstly discriminat-
ing btwteen different purlchasers.
(h) Grannting qjuantity discounts which ~haive not bee earned
under th~e terms of the published price schedule.
(i) Manking any allowances for advertising in, any form to dealers
or jobbers except purrsuant, to specific pr~ovisionl therefore in the mem-
ber's price sheets, published p~ursuant to Section 2 of this Article III[,
so that such allowannce is available to all customers in the same. class.
(j) Mfaking shipments to dealers on consignmentt unless such
terms are offered publicly on t~he duly published price list of the
member of the Industry andc are available to all1 dealers alikre.






468


(k) Accepting orders from the classes of trade herein defined, not
specified for immediate shipment, unless such orders shall be subject
to the prices and terms in effect. at the time shipment is made.
(1) Selling products of the Industry at a net realized price below
the member s own individual cost; provided, however, that nothing
herein contained shall prevent any miember of th~e Industry from
meeting the price of any competitor who is not himself selling below
cost. For the purpose of determining cost, the Code Authority shall
prepare and recommend to the Administrator a uniform systent -bf
cost. accounting. Upon approval thereof by t~he Administrator, each
member of the Industry shall immediately proceed to adopt such
system of cost accounting in the determination of his own individual
costs. If any member of the Industry should find it a hardship to
adopt. such cost accounting system, such member may appeal to the
Code Authority, which shall have the power to permit such modi-
fications or grant, such exemptions as justice may require. ..ca3
SEC. 2. Open Price Policy.--(a) An open price policy shall be
maintained at all times by all members of the Industry and each
member shall issue price lists applying to any products offered for
sale to jobbers, dealers, heating contractors and./'or installers, as
herein defined. These price lists shall be dated, as of date of issue,
and shall contain the then prevailing prices, discounts and terms of
sale applying, as well as all other conditions of sale, and nothing -in
addiition shall be allowedl. Each member's price list shall remain in
effect until such time as thle mnember shall make any change in prices,
terms, or any conditions of sale, inl which event the member shall im-
mnediattely issue a new price list and send it to the Code Authority
and to all members of the Industry, and to its jobbers, dealers, heat-
ing contractors and.'or installers.
(b) No member of the Industry shall make any sale of any prod-
uct at a lower price or on terms or conditions more favorable than
provided in his price lists, issued as aforesaid! nor extend to any pur-
chaser prices or terms more favorable than to any other purchaser
of the same trade class.
(c) Miany members of the: Industry sell part of their products
direct. to dealers and/'or heating contractors, and the balance of their
products through jobbers. In order to prevent indirect evasion of
the provisions of this Section 2 by such memnbers,.it is hereby pro-
vided that no such member shall sell any product to or through any
jobber who is selling such product to any dealer and~lor heating con-
tractor at a lower price or on terms more favorable than the prices
and terms provided in the price list of such member for sales by
such member direct to dealers and /'or heating contractors.
(d) Nothing in this Code shall limit the effect of any adjudication
by the courts or holding by the: Federal Trade Commission on com-
plaint, finding, and order, that any practice or method is unfair,
provided that such adjudication or holding is not inconsistent with
any provision of the Act. or of this Code.
ARTICLE I V-A DMzINISTRATION

SECTION 1. The Codle Author~ity of the I~ndzustr~.--To cooperate
with the Administrator in the administration of this Code, there






469


shall be a Code Authority consisting of seven representatives of the
Industry elected by a fair method of selection by the Industr~y, sub-
ject to review by the Admiinistrator.
To effectuate further the policies of the National Industrial Re-
coertly Act the Code Authority is h~ereby designated to cooperate
with the Administrator as a planning and fair-practice agncy for
the Industry.
The President or the Administrator mnay appoint not more than.
three nonvoting members of such Ctode Authority, without expense to
the Industry. Said Code Authority sh~lall, from time to time, present
to the Administrator recommendations, based on conditions in the
Industry as they mayq develop which will tend to effectuate the
operations of thle provisions op)this Code~ and the policy of the Na-
tional Indulstrial Recovery Act.
Any act or decision of the. Codle Authority shall be subject to
the right of the Adlministrator upon review to disapprove or m~odifiy
such act or decision. In thle event of omission by the Code Auth~ority
to act in anyr case in which action should be taken by it, anyone
affected by such omlission to act mnay appeal to the Administr~ator
who shall have power to takle the necessary action.
Thle Code Authority shall, whlen requestedl by thne AIdmlinistrator
or his representatives, cause to be obtained from the members of the
Industry statistical data and infor~mation pertinent to the operation
of this Code, in su~ch forml and mnanner as not to disclose the indi-
vidual figures and dlata of the respective mnemler~s of the Ind~ustr~y,
that the Aldministrator shall requrire and as masy be necessary to
enforce and effectuate the provisions of this Code and the policy
of the ALct.
The Code Authority shall cause to be made available to the Admlin-
istrator such reports, data, and- information as mayg be requilred by
the Administrator andi which wFiill assist in keeping the Admninis-
trator or any representative dlesignaRted- by~ himt fully advised~ con-
cerning such matters and confer with the Adinislst~torao or his repr~e-
sentative fromi time to timie to consider andr studCy. any r~eco-mmer~lcnd-
tions presented by such p~ersons on behalf of thre National REitcover~y
Administration or any member of the Industry regardling thre opiera-
tion, observance, and admninistrantion of this Code.
In addition to thie information to be submitted to the Code Auth~or-
ity, there shall be furnished to giover~nentn agencies such statistical
data as the Admlinistrator mayS deem necessary for the purploses
recitedl in ~Section 3 (a) of the Act.
The Codle Authority may delegate any of its duties to such agen-
cies as it may appoint., which1 would not involve the disclosure of the
indlividual dajita or information of any mnember of the Ilndustry,
exrcep~t as otherwise herein. permlitted or required to be disclosed,
provided, that suchi agencies shall be under the supervision of the
Code Autho-rity.
SEC.. 2. The W~r~m Air F~urnace Al~~flanifacturers' Institute of Co-
lumlbus, Ohio, is hereby constitulted an agency to ~ec~eive reports as
herein above provided. The Inst itute shall provide for the re~cei vingr
and holding of such reports in confidence. Such rIeports shanll br in
such form, and shall b~e furniishied at such intervaols, as shall be pre-
scribed by the Code Aulthority and shall contail; suchl iniformantio n






470


releva~nt to the purposes of this Code as shall be prescribed by the
Code Authority from time t~o time including information with re-
spect to the following subjects:
(a) E~mploy;ment, hours, wages, and wa'ge rantes.

(c) Financial and cost data.
(d) Activity,? purchases, and sales.
SEC. 3. The Warm Air Furnace Mlanufacturers' Institute is or-
ganized to enable the W2arml Air Furnace M~anufacturing Industry to
subscribe to the provisions of the Act, and places no inequitable
restrictionss on mnembershlip, which is open to all employers engaged
in the Industry. There shall be no future amendments to the
.Standardt Code and By-Laws of the War~m Air Furnace Mfanufac-
turers' Institute ",? which will tend to makie the Institute not truly
representative of and;'or which shall impose any inequitable restric-
tions on membership.
ARTICLES V

SECTION 1. By assenting to this Clode, the applicants shall not be
deemned to have assented to any modification thereof.
SEC. 2. Anzlcl~ienmets.--(a) Amendments to or revisions of this
Code may be proposed byL the Code Authorit~y and when approved
in accordance w~ith the provisions of the Act shall become binding
upon the Indlust ry3.
(b) This Code and all the provisions thereof are expressly mnade
subject to the right of the President, of the United States, in accord-
ance writh the provision of Sutbsection (b) oif Section 10, of the
National Indurstrial Recovery~ Act. fr~om time to time to cancel or
m~odify any order, app~rovlal, license, r~ule. or regulation issued under
-Title I of said Act, and specifically, bu~t without limit.at~ion, to the
right of theo PIresident of the Unitedl States to cancel or modify his
approval of this Cod~e or any conditions imnposedl by him, upon his
approval thereof.
(c) Miembers of the Indlustry shall be entitled to participate in
anid share the benlefits of the activitiesi of th~e C'ode Aulthorityl and to
participate in the selection of the miembers~ thereof by assenting to
anld comnplying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses of administration shall be deter-
mlined by the Code Author~ity, subject to review by the Admninistrator,
onl the basis of volume of business and, or such other factors as mnay
be deemed equitable to be taken into consideration.
SEC. 3. Provisionsa Againszt Monopoly----None of the provisions of
this Code shall be construed or applied in such a way as to promote
a monopoly or monopolistic practices or to eliminate or oppress small
enterprises or discriminate against then.
AnTICLE VI

Any violation of thiis Code shall render the violator liable to the
penalties prescribed by Section 3 (f) of the Act, as follows:






4i71


"' When a Code of Fair Competit~ion has been approved or pre-
scr~ibed~ by thle PIresident ilnder this 'title any vioi lotion of any prov'i-
sion thiereof in any~ transaction in or affecting inter~state or foreign
commerce shall be a misdlemneanor, and, upon conviction thereof, an
offender shall be fined not more than five hundred (500O) dtollars~ for
each offense, andl each dlay such violation continues shall be deemed a
separate offense."!
'A TICKLE V~I[I-EFFECTIVE7 DATE

This Codle shall become effective on the second Mfondlay after the
applrovafl by th~e Pr.~~esidet of the United States.,
Applroved C'od~e No. 187i.
Regristry N~o. 110:3-07'.




























EXHIBIT A

To the Coon AUTHORITY OF THE 11'ARM dIR. FURNACE MANU~FACTU~RERS' INSTITUTE,
50 Westf Broad St~ec~t, Columibuis, Ohio.
GENTLzaumN: The undersigned engaged in the business of mannufacturing and
selling by5 manufacturers of cast iron or steel warm air heating furnaces in the
United States, as defined by the Code of Fair Competition for the WTarm Air
Furnarce manufacturing Industry, hereby mlakes application for membership
in the Code andi agrees that it will be subject to and will comply with all the
provisions of the Code of Fair Competition of such Industry as approved by
the President of the United States under the National Industrial Recovery Act.
D ate ......... ......---
Name
Address ...
By
President.
(4 72)

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