NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 30, 1933
REGISTRY No. 1103 03
The Code for the Range Boiler Manufacturing Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval lof
the National Recdvery Administration
as applying t~o this industry
'E DO OUR PART
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents. Washington, D.C. -------
Price 5 rents
UNIV. OF FL LIS.
CODE OF FAIR COMPETITION OF THE RANGE -BOILER
The manufacturers of Range Boilers whose signatures are affixed
hereto being nearly all of the members of the Range Boiler Industry
and incidental lines such as:
a. Expansion Tanks; b. Hot WTater Storage Tanks; and c. Pres-
sure Tanks for Air, Water, Gases and other fluids. .(All of the
above fabricated by the all-welded, riveted, riveted and welded, or
In order to eliminate unfair competitive practices, to reduce and
relieve unemployment, to improve standards of laborw, and other-
wise rehabilitate this industry and promote the general welfare, do
hereby submit the following Code of Fair Competition for appoa
of the President under section 3 (a) of the National Indsra
Rule A-1--Child Labor.--It shall constitute unfair competition
for anyone to employ persons in this industry who are less than 16
years of age: provided, however, that where State laws provide a
higher minimum age no one shall employ persons who are younger
than the age specified by such Stat~e lHas; and provided further,
that no one under 18 years of age shall be employed on operations
determined by the industry to be dangerous.
Rule Al-2-Wages anzd Hours.--It shall constitute unfair compe-
tition for any employer to fail to comply with the maximum hours
of labor or minimum rates of pay approved or prescribed for the
industry by the President of the United States. The approved
"' Maximum Hours of Labor and "L Minimum Rates of Pay cur-
rently in effect hereunder shall be attached hereto as Schedule C LT."
Rule A-3--Genzeral Regulationa.--All M~anufacturers shall comply
with the following specific provisions of Section 'i (a) of the National
Industrial Recovery Act:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing and shall
be free from t~he interference, restraint, or coercion of employers 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) That no employee and no one seeking employment shall be
required as a condition of emnployment to join any company umion
or to refrain fromr joining, orgaanizing, or assisting a labor organniza-
tion of his own choosing; and
(c) That employers shall comply with the miaximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
Rule A-j--Emiplo~ym~entt eports.--Each employer in this industry
shall furnishl monthly to the secretary of the association on forms to
be furnished by the association, a sworn report of the number of per-
sons employed, wage rates in effect, and hours worked during the
preceding month in his plant or plants, classified by occupations,
together with such other sworn production or employment reports as
thne association may require from time to time, and an affidavit that
the company\ has complied with all the provisions of this code.
Such reports shall not be available to anyone except the N.R.A.
and the secretary and or statistician of the association; provided,
however, that in the event of a complaint, the Fair Competition Com-
mittee, the association, and the Joint Coor~dinating Commnittee shall
have access to all pertinent information.
Total figures compiled from such reports shall be available to the
members of the association.
Gnour B--UNETHICAL TRADE PRACTICES
Rule B-1.--The Executive Committee shall establish rules of Fair
Trade Practice for the entire Indlustry to cover the following
(a) Price Discrimination.
(b) Commercial Bribery.
(e) SpecalTerms of Sales.
(f) False Invoicing.
(g) reigaht Absorpytion.
( i) Free) DuGp oodls.8
(j) Interference with Contracts.
(k) Allowance on Defective Products.
(1) Consigned Stocks.
Gnour C-MABRKETING POLICIES
Rule O-1--Orde~rs.--All orders shall be signed and cover specified
articles to be delivered on or before a definite date. They shall be
either accepted or rejected byv the manufacturer wshen received. Only
orders for stock for shipment within thirty days of date of receipt of
order and orders for specific jobs will be accepted at the prices in
effect at the date of receipt of order. All other orders shall be subject
to the prices in effect at date of shipment. Deviation from this rule
shall constitute unfair competition.
Rule C-2-In~ voices.--All sales shall be invoiced at the time of ship-
mnent; and such invoices, together with credit memoranda and all
other documents relating to the sale, shall clearly and accurately state
all of the essential elements of the sale, including types and sizes of
products, quantities, prices, credit terms, discounts, allowances, date
of order, date of acceptance, date of shipment, and other pertinent
information. Copies of invoices, together with credit memoranda
and all other sales documents, shall be filed with the Secretary as and
when directed by the Association; and, in the event of a complaint,
sworn copies of invoices, credit memoranda, and all other sales docu-
ments shall be sent immediately to the secretary upon his request.
Failure to comply with any of the provisions of this rule shall
constitute unfair competition.
Rule C-.3-S'tan7da~rdization. of Pr~oducts.- A~fter u n form sizes,
drilling, gradling rules, and miniimum~ specifications shall have been
established by the industry, it shall constitute unfair competition to
deviate therefrom, without making a proper chargSe therefore.
Rule O-4-Gradling.--It shall constitute unfair competition for a
manulfacturere to sell in t~his country other thann first-rad'ce material
guaranteedl against manufacturing defects. Such guarantee shall
be uniform along all manufacturers and shiall provide for furnish-
ing new material of the samle type and size to replace that which
has proved defective on the same basis as the origina-l purchase; Ibut
it shall not cover charges for labor or consequential damages, nor
shall it specify any guarantee period, except. double extra~ heavy
boilers wrhichi are uaiiranteed for six- years on1 the basis of service
rendered andi five- anld seven-year boilers sold in the Phniladelphia
Rule C-5S--Inspection .-It shall constitute unfair competition for
a manufacturer to allow credit for a defective article until thre fact
-of such defect shall have been established by an authorized repre-
sentativ.e of the manufacturers and the article shall have been, de-
stroyed or returned to the m~anufacturer.
Rzlle C-6-Clas~siffea~io~n of cu~stomers.-Customers shall be classi-
fled~ as wholesalers, contractors, maiil-order houses and direet-to-you
houses, retailers, or consumers, according t.o the positions inl the dis-
tributive process which they occupy, respectively, and deviations
from such classification in the establishment or quotations of prices,
discounts, credit terms, allowances, or other conditions of sale, shall
constitute unfair competition.
For the purposes of this Code a Wholesaler of Plumbing Sup-
pies "' is defined as an individual, partnership, or corporation who
has a substantial and proper investment in his business, who buys
in bulk quantities, wvho maintains a warehouse and a sufficiently com-
plete stock of plumbing supplies to meet all normal requirements,
whose major business is selling to contractors, retailers or others who
purchase for resale, who maintains complete office, sales and delivery
-service, and who does not perform! directly or indirectly, the fune-
tions o'f a plumbing contra.ctor.
A Plumbing Contractor is defined as one who is licensed, where
required, by State or local governments, and who installs plumbing
supplies which he sells to the consumer. Federal, State and local
.governments shall be classified as contractors for the purposes of
A "C Mail-Order House is defined as an individual, partnership,
or corporation who0 has a substantial and proper investment in his
business, who buys in bulk quantities, who maintains a warehouse
and a sufficiently complete stock of plumbing fixtures to meet all
normal requirements, whose major business is selling to the con-
sumer by mail, and who does not perform, direct or indirectly, the
functions of a plumbing contractor.
A DireCt-to-you is defined as an individual, partnership, or
corporation who has a substantial and proper investment in his
business, who buys in bulk quantities, who maintains a warehouse
andl a sufficiently complete stock of plumbing fixtures to meet all
normal requirements, who maintains atde~quate showrooms, whose
major business is selling to the consumer from stores and who does
nlot perform, directly or indirectly, the functions of a plumbing
A Retailer is defined as anyone, other than the above, who
purchases plumbing supplies for resale as personal property.
All other purchasers of plumbing supplies are defined as con-
Any of the above classes may be further subdivided by the a.ssocia-
tion on the basis of volume of purchases or any other valid distinction.
Gaour D-ClOSTS AND PRICES
RuPle D-1--Selling Belowa Cost.--It shall constitute unfair competi-
tion for any manufacturer to sell any of his products in this country
(except on close-outs3) below a r~easonlable st.andar~d cost of producing
and marketing the samne in the UTnited States. Where a manufac-
turer is engaged in m~ore than one line of business, each business shall
be considered a separate unit for purposes of ascertaining costs, and
general expenses of all kinds shall be properly and fairly allocated
to the several business units. Reasonable standlardl cost as used herein
is defined to include the current market cost. of raw materials and:
supplies, fair wages for employees, and a fair allowance for over-
head expense to include power, light, heat., water, and other mis-
cellaneous operating expenses; repairs and maintenance of buildings
and equipment; executive, supervisory, sales, and office salaries and
expenses; adv~rt~ising and promotional expense; distribution and
delivery expense; rent; legal andi collection expenses; bad-debt losses;
adlequate depreciation and obsolescence of all buildings and equip-
ment at rates agreed upon and approved by the President; insurance;
all taxes; and other expenses necessary and incidental to the manu-
facture and sale of the products of this industry. Initial standard
allowances for overhead expenses shall be established by the Asso-
ciation's Executive C~ommittee and shall become effective after ap-
proval by the President when so established and published. The
Executive Commit~tee shall have the power to revise such standards
from time to time subject to approval by the President and may
require from the members of the industry whatever information may
be needed for this purpose.
A uniform cost-accounting system shall be adopted for the industry
as soon as pract~icable, becoming effective upon adoption by the Ex-
ecutive Committee, subject to the approval of the President, and
such system shall be used by all manufacturers who are members
of the industry in alloca.ting the above items of cost to specific
The Executive Comlmittee shall, for the purposes of this rule,
include the President's appointees on the Joint Coordinating Com-
Rule D--Mllinimuml Prices.--It shall constitute unfair comlpeti-
tion for any manufacturer to sell his products (except on close-outs)
below the prices established from time to time for different classes
of customers and manufacturers and approved by the President
under the National Industrial Recovery Act as the mninimium b~elow~
w-hich~ it is impossible for a competent and efficient. manufacturer r to
earn a fair profit, considering the investment, skill, and risk involved
in the enterprise.
The approvedl "1\Iinimum Prices "? currently in effect hereunder
from time to timie shall be the list prices attachedl hereto as "' Schedule
V subject to the trade discounts azttachedt hereto as "L SCchedlule W5~."
This rule shall be construed in the light of and be subject to Rule
R~ule D-3--Telrm~s of Sa~le.--It shall constit.utte unfair competition
for any manufacturer to sell his products on any basis more favor-
able to the purchaser than the terms, discounts (including trade dis-
counts), allowances, and conditions established fr~om time to time
pursuant to the National Industrial Recovery Act. The a approved
terms, discounts, allowances, andi condlit~ions currently in effect here-
under from time to timne shall be at~tachedl hereto as "i Schedule W."
Rules D-4-CPlos~e-ou te.-A mlanufactu~rer may sell, at less thlnn his
published prices, products acknowledged by the Association, or by its
Executive Commnittee, if such committee be so emlpowered by the
Association, to be o.s~olete.
Invoices for such sales shall be clearly mar~kedl Special Prices on
Account of Close-out." Failure to obse~rve thiis ruzle shall constitute
Rule D-6---Re~sale Pri'ces.-ITt. shall constitute unfair competition
for any manufacturer to permit, where it is within his power to
prevent it, the resale of his products to consumers at prices less
than his established resale prices or less than those: established from
time to time pursuant to the National Industrial Recovery Act as
the minimum below which it is impossible to provide a rIeasonable
margin to cover adequate and continuous distribution of the products
of the industry. In no event shall the resale price be less than the
minimum prices shown or to be shown in Schedule V7 of 1Rule D-2.
The approved minimum resale prices currently in effect hereunder
from time to time shall be attached hereto as "' Schedule X."'
This rule shall be construed in the light of and be subject to
Rule E-1--General Delgn itio~s.--Except where the context clearly
indicates a contrary intent, the terms hereinaft~er defined shall,
wherever usedl in this Code, hav~e the respective meanings set forth
mn this rule.
1. The terms United States or this country mean and in-
clude all the territory of the United States of America including
it~s mnsular and mnaritimie possessions.
2. The term President means the Presid-.ent of the UCnited
States of America, and includes also any officers, agent, or employee
pf the United States to the extent that the President. many have dele-
gated his functions or powers or anyr portion thereof to said officer,
agent, or employee pursuant to the: Act..
3. The term Industry means the business of making, manufac-
turing, producing, or processing in the United States of Americar,
range boilers and the following mecidental lines:
a. Expansion Tanks;
b. Hot W~ater Storage Tanks;
c. Pressure Tanks for Air, Wt~ater, Gases, and other fluids.
(All of the above fabricated by the all-welded, riveted and welded,
or brazing processes.)
and selling the same in domestic commerce.
4. The terms "' Manufacturer "!, Employer or Mlember of the
Industry mean and include any individual, partnership, or cor-
poraltion operating a plant or plants in the United States for mak-
ingr, manulfa~icurig p~rodulcing, or processmng t.he products of this
industry as defined in Definition 3 "thereof and selling said prod-
ucts in domestic commerce within the United States.
5. The termn "Associatioon` "means Rangae Boiler M\anufacturers'
Association, a voluntary association.
6. The terml Secretary means the secretary of the Associa-
tion in office at any timne..
7. The terms "Act or National Inldustrial Recovlery Act or
c; N.I.R.A."~ mean the National Industrial Recovery Act as approved
by the President June 16, 1933.
8. The terml '" National Recovery Administ~rRt~ion or "L N.R.A."
means and includes such administrative agency or agencies as the
President. may establish or appoint pursuant to the N.I.R.A." to
effectuate the purpose of said Act.
9. The term Code? meanis this code and all schedules annexed
hereto as originally approved byv the President andl all amendments
and revisions thereof madlce as in said Code provided.
10. The termn Joint Co-Ordinating Committee means a com-
mnittee pr1ovided for by the Constitution of each of these. Associa-
tions. After this C'ode becomes effective such~ committee shall have
associated w-ith it three persons appointed by the President, one to
represent consumers, one to represent labor, and one to represent
11. The termn Fair Competition Committee "' means a committee
provided for by the respective Constitutions of each of these Asso-
ciations, whose duties consist of investigating charges of unfair com-
p~etit ion and mlIaki ng r~ecomnmendlation s to thei r respect ve Associ a-
tions w~ithi respect t~hereto.
Red D1ln- 2-En~for~cemIen t.-Th e Fa ir Competit ion Comm itt~ee of
each Association shall be charged with the enforcement of these rules.
Complaints of unfair competition shall be filed with the Secretary
of thne Aissocialtion in writing and such complaints shall be referred
immediately to the Fair Comnpetit~ion Committee for investigation.
Said Comnmittee shall be given full access to all pertinent records of
the manufacturers complained of.
After a. full investigation the Committee: shall present a written
report, which shall include it~s findings of fact and its recommenda-
tions, to the next meeting of the Association.
The Association, after granting the complained of manufacturer
a full hearing, may, by a majority vote of those present, dismiss the
charges or, refer the case to the Joint Coordmnating Committed,
including the President's three appointees, for review. If the de-
cision of t~he association is sustained by the Joint Coordinating Coma-
mlittee the case will then be given to the~ United States Drist~rict
Attorney for the Federal District having proper jurisdiction. ~Noth-
ingg herein shall be construed in such a way as to deprive anyone
of his constitutional right to trial by jury or to affect in any manner
the penal or enforcement provisions of the Niational Industrial Re-
Rule D -3-Af7o nopolies.--No pro i sion of this Code shall be inter-
peted or applied in such a manner as to--
a. Promote monopolies.
b. Permlit or encourage unfair competition.
c. Eliminate or oppress small enterprises, or
d. Discriminate against small enterprises.
Rule D-~-,4 Amelulme nt and Ter~min ation..-Such of the provisions
of this code as are not required to be included therein by the Act
may, with thle approval of the President, be modified or eliminated
at any time in the manner hereinafter provided.
Additions to or substitutes for this code may, w~ith thie approval
of the President, be adopted at any time in the manner hereinafter
This Code in its entirety may be terminated at any time in the
manner hereinafter provided.
Proposals for modifying or eliminating provisions of the Code,
or for adopting additions to or substitutes for thne Code, or for te~r-
minating the Clode in it~s entirety me.yv be made by any member
of the indlustry who shall present his proposal in wcrriting to the
secretary. The Secretary shall include such proposal in full in thie
written notice of t~he next meeting of the association. The ques-
tion of the adoption of such proposal shall be voted upon at said
meeting and if a majority in capacity and number of the members
of the industry present vote in favor of such proposal, it shall be
the duty of the association's representative on t~he Joint Coordinating
Committee to have such proposal presented to the President for ap-
proval, when such approval is required by the NP~.I.R.A.
Such proposal shall take effect ten (10) days after its adoption,
unless the motion by which it is adopted specifically provides that
it shall take effect at some other time, or, in the event that such
approval is required by the N.I.R.A., ten (10) days after its ap-
proval by the President.
Rule E-5-Presid~ential: Co n trol.--T his Code an d all the p ro i sions
thereof aire expresslyv made subject to the right of thle President, in
accordance with the provision of Clause 10 (b) of the National
Industrial Recovery Act, from time to time to exncel or modify any
order, approval, license, rule, or regulation, issued under TIitle I o
said Act, and specifically to the right of the President to cancel or
modify his approval of this Clode or any conditions imposed by him
upon h~is approval thereof.
Rule F-6--Effectivle Darte.--This code shall be in effect as to all the
members of the Industry within fifteen dlays after its approval by
the President and commencing on the first or fifteenth dlays of the
month following such approval.
In witness of our approval of the foregaoinga code, wce hereunder
set our hands and seals as of this L35th day of July, A.D. 1933.
No employer shall employ any person for more than the following maximum
number of ours per week:
40 hours per week.
The following employees are excepted from the foregoing:
1. Professional persons, including engineers, watchmen, and specially trained
technical men and research men employed in their professions.
2. Salesmen in the fieldl.
3. Persons in a managerial, executive. or supervisory capacity in office or
factory, who receive compensation amounting to more than $35.00 per week.
All such persons to be listed with their Association.
4. Employees on emergency maintenance and repair work; highly skilled
workers, r~estriction of whose hours would unavoidlably reduce production:
but such workers shall be paid at least time and one third for hours worked
in excess of the maximum.
No employer shall pay any worker less than the following rates of com-
Factory or Meebanical Workiers or Alrtisans (minimum per hour> :
Males over 21 years of age:
Plants located in the North and on Pacific Coast, 400 per hour
Plants located in the South, 30Q per hour
Males under 21 years of age:
Plants loca~ted in the North and on the Pacific Coast, 306 per hour
Plants located in the South, 22!-2# per hour
WVhere men and women are engaged in the same work under like conditions,
the minimum wage provided for male workers shall apply to both.
Office and other Employees (Per W~eek) :
Cities of over 500.000 population (1930 Cen~sus), $15.00.
Cities between 250,000 and 500,000 population, $14.50.
Cities under 25,000 population, $14.00.
List Pric~es.-Determination deferred for prese~nt.
Trade Discounts,-Determinationn deferred for present.
Cash Discoun-t.-TwI~o percent.
Invoices dated the 1st to the 1.5th of the month, inclusive, to be discounted
on or before the 25th of the same month; invoices dated the 16th to the 31st of
the month, inclusive, are to be discounted on or before the 10th of thie following
All invoices to be due net not more than 60 days from date of invoice.
(See printed sheets of manufacturers.)
Resale Prices.-Determination deferred for present.
UNIVERSITY OF FLORIDA
3 1262 08855 7680.