Registry No. 1128--07
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
PIPE COIL MANUFACTURING
UNIV. OFC FL Lia.
WE DO OUR PART
The Code for the Pipe Coll 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 'of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1988
Eur sale by the Sulperintendent of Documents. Washington, D. C. Price 5 ents
AS SUBMITTED ON SEPTEMBER 1, 1933
PIPE COIL MANUFACTURERS ASSOCIATION
CODE FOR FAIR COMPETITION FOR TIHE PIPE COIL
Thiis Code is set upD for the~ purpose of inclrasing empllloyment,
estabilihingr fair andt adlequante wages, effectingr nrces -; nr~y re~ductionl
of hours, imnpr~oing standards of labor, anid elimiinating unfair trade
practices, to thle endl of r~eh1abilitating our Ind'ustryS, which is the
fabricration of p~ipe coils, pipe bends, and fabricated pipe andl tubing,
enabling it to dlo its part toward estabtlishing that balance of inrdus-
tries which is necessary t~o the restor~ationi and maiintenance of the
high~est practical degrece of public: wetlfar~e.
ARTICLE ~II DEINITION
For the purpose of' this Codce the following definitions are
Pipe Coll inllanfa7cf ltue.--One whose pr~inc~ipal business is the
p>ulrhase of pip~e and- tuibingr for threading, flaninilg, bending~, coil-
ing, w~elding, or otherwise fabr~icating to spe~cificatti-ion nddnin
sions andl who also may! pur~chase other allied products for ass~embly
ther~ewith for resale.
Participation in this Clode, andc anyr subsequent revision of or
addition to the code, shall be extended to any person, partnership,
or corpDoration in the industry who accepts his share of the cost a nd
r~esponsibility, as w~ell as the benefit, of such participation b~y be-
coming a memnber of the Pipe Coil Manlufactur~ers Associntiocn, which
now comprises in excess of 60% of the members of thie Industry.
There shall be no inequitable restriction to membershiip in the Pipe
Coil Mannufact.urers Association as the official organization of this
industry, and this code is not designed to promote monopolies or
to eliminate or oppress small enterprises anid will not, operate to
discrimiinate against. them.
La~bor Code.--Employees inl this industry shall have the right to
organize and bargain collectiv'ely through rcpr~esenttaties of their
owrn choosing, and shall be free from thie interference, restra8int, or
coercion of emnployers of labor, or their Ragents, in the designation of
such representatives or in self-organizations or in other concerted
activities for th~e purpose of collective bar~gaininga or other mutual
aid or protection.
No employee in this industry, and no one seeking employment
therein, shall be required as a condition of employment to join any
company union or to refrain fromt joining a, labor organization of
hiis own choosing.
Emplloy'ers of labor in thlis industry agree to comply with the maxi-
mum hours of labor, minimum rates of pay, and other working con-
dlitions approved or prescribed by the President of the United States.
This industry shall establish minimum wages, maximum hours,
andl prnroper working conditions by mutual agreement with its em-
ployees, or as mayv be approved or prescribed by the President of the
Unitedl States. See schedule "'A" attached.
ARTICLE V-rEMERGENCYT NATIONAL COMMRITTLEE
A R epresenl~lf/ t ati on.-There shall be an E1F m ergcen cy National Com -
mittee of this indusctryv to consist of t~he members of the Executive
Committee of thle Pipe Coil hlanufacturerrs Association and its
B. Powrers.--T hlis Emer~genic National Commnittee shall be the
general planningr and coordlinatinga agencyr for this industry. Its
mlemberl; shall b~e empowered3 to act for a1 ll uits in t~he industry con-
elusively in resplect to all mantter~s before the committee for considera-
tion and(. withinl its julrisdlictio~n. Th~e Commnittee shall havle powers
andc duities as proviledl h~erein, and in addition thereto it. shall
(0)~ fromir time ton time required scirh reports, as in its judgtlment may
be necessary to ndrijse it adlequately of the administration and enforce-
ment of the provisions of this code:
(b) upon complaint of interested parties, or upon its own imitia-
tive, make such inquiry and investigation into the operation of the
code as mayn\ be necessary ;
(c) make rules and regulations necessary for the administration
and enforcement. of this code; and
(d) delegateP any of its authority to the Executive Director of the
Pipe Coil hIlanufacturers Association.
Anncr E r V-INDUSgTRY REGUILADlONr S
A. Marketiug Code
The Pipe Cloil lblanufacturers Association has established this
Ilfarket.inga Code: with respect to:
(a) Simnplification anid standardization of products;
( b) PIiric d-iscr~iiminlation.-ITt shall constitute unfair competition
for a, manufacturer to discriminate in prices, terms, discounts, allow-
ances, guarantees, or in any' way between purchasers of t~he same
c~la~ssi, whether in the same or different territories and irrespective of
whether t.he material is sold for specific operations, for federal, state,
country, or municipal governments, or for any other specific purpose;
provided, howev-er, that nothing in this code shall be construed to
prevent any manufacturer from selecting his own customers in bona
fide tra nsaction. .
(c) Comzmercial~ bribery.--To give, or permit to be given, or to
offer to give, directly or indirectly, money or anything of value to
agents, employees, representatives, andi engineers of purchasers or
prospective, purchasers for the purpose of influencing their em-
ployers or principals or pr~ospectivle employers or principals to puir-
c~hase from the profferer, or to refranin from purchasing fr~om com~-
petitor of thle proff'erer, constitutes unfair c~ompetition,1.
(d) RebarcP-Vte.- ihhoding: fr~oml, or inser~ting in the invoice,
facts or other sales documents wrhich~ make the invoice or other docu-
ments a2 false record-, wholly' or in part, of the transaction. repres-
sent.edl on the face thereoff, ndl, or thle paymenllt, or allowance of secret
rebates, refunds, credit, ulnear~nedl discounlts, whether in the forml of
money or otherwise, or the extension to certain. purchasers of serv-
ice or privileges not extended to all pur~chaser~s und-er like termsn and
conditions, constitlt~es unfair competition.
(e) Inloi'ces.--All sales shall be invoiled at the timet of shipmetnt,,
and- such invoices shall clearly and aIccur~ately state all of the essen-
tial elements of the sale. Failure to comply herewfithr shall consti-
t~ute unfair competition.
( f) Sucbstit utionl.-Thle furn ishi ng of materials more or less ex-
pensive, of better or inferior qjualityr, or of larger or smI~aller size
than specified without making the proper adjustments in the quoted
price andi clearly indicating; thle nature of the substitution, consti-
tutes unfair competition.
Sg ) Fal~se statemen ctsf .-The: mak inIg o f false st ate ments with re-
spec~t to a2 competitor's ~r~odu~cts, p~olicies, or practices shall conlstitu~te
unfair c~ompetit~ion. E verS mem"berl of this industry shall be
responsible for the acts andl statements of his emnployeets.,idsr
(h) Induzci~ngy brac~h of contr~act.--No memlberfth ndsr
shall induce or attempt to induce the cancellation of an order or the
breach of a contract between a competitor and his customers.
(i) Pubished p~ices.--Each maonufacturer shall publish his prices
a nd file same with the Executive D~irector of th~e Pipe Coil Mlanu-
facturers Association. Such prices shall be adjusted from timle to
timie pursuant, to the provisions of the Industrial Recove~ry Act.
Deviation from~ such prices shall constitute unfair competition.
(j) Pr~ic~es and ternsi.--It shall constitute unfair competition for
any manufacturer to sell h~is products below~ the price and contrary
to the terms, discounts, allowances, and conditions established from
timne to time pursuant to th~e provisions of the: Indlustrial Recovery
Act as the mniinimum price basis belowl whlichi it is impossible for
manufacturers of average ability and- efficiency to maintain fair
wages and employment conditions to payV the costs of doing business
and to earn a fair profit. Prices, terms, dliscounts, allowances, and
conditions currently in effect hereunider from time to time shall be
submitted to the President of the United States for his approval.
(k) umpSumBiddng.Quoinga total price on any schedule
comprised of Fa~bricated~ Piping~, VlesFitns ol rohr
allied materials which does not show a break-down of prices o~r, in
other words, a separate unit price on each group or class of material,
shall be considered an unfair method of competition.
Quoting a total price on a~ny~ schedule of fabr~icated or alliedl ma-
terials which is not the same as the total of the unit prices on the
same list of materials is also an unfair method of competition.
In order to provide the necessary data for the administration of
the National Indust~rial Recovery Act, the members of this Industry
shall fu~nishh through the Emergency National Committee or the
Executive Director, such statistical information when and if called
for by the Aldministration.
All communications and conferences of this industry with the
President of thle Unit~ed St~ates or with his agents concerning the
approval or amendments of this Code or of any of its provisions
or any matters relating thereto, shall be through the said Emlergency
National Comnmittee and Executive Director. The Emergency Na-
tional Comnmittee shall serve as an exe~cutive agency for this in-
dustry) andl shall be charged with the enforcement of t~he provisions
of this Codel and wit~h thel dtieps, through agents or otherwise, of
hearing and adjusting complaints, considering proposals for amend-
ments and making recommendations thereon, approving recomimenda-
tions for exceptions to the provisions of this Code and otherwise
adlminister~ing its provisions. The function of this Commnittee shall
be the general planning and coordinating for this industry and the
cc-ooperation with similar boards of other industries to the end of
effecting a balanced national economy.
1. No provision in this Code shall be interpreted or applied in such
manner as to
a. Promote monopolies or combinations in restraint of trade,
b. Permit or encourage unfair competition,
e. Eliminate or oppress small enterprises, or
d. Discriminate against small enterprises.
2. Thiis Code or any of its provisions may be cancelled or modified
and any approved rule issued thereunder shall be ineffective to
the extent necessary to conform to any action by the President of
the United States under Section 9 (b) of the National Industrial
3. Amlendments to this Code may be proposed by any member for
consideration by the Emergency National Committee or may be in-
itiated by it, and when approved by the President of the United
States shall be effective.
4. Violation by any producer of this industry's products, of any
provisions of this Code, or of any approved rule issued thereunder,
is an unfair mlet.hod of competition.
5. The Pipe Coil Mlanufacturers Association shall be the enforc-
ing agency of the industry of fabrication of Pipe Coilst pipe bends,
and fabricated pipe and tubing. The sponsors and signatures of
this Code agree~ that when same has been given Government aproval
it shall be considered the standard of fair competition orthis
industry and that any violation of these standards in any transaction
or affecting interstate commerce shall be deemed an unfair method
Any allegedly infraction of the regulations governing the induitr~y
shall be inlvestigated by the Execultive D~irector of the Pipe Coil
Manufacturers Association, w~ho shall report the facts to the Emer-
gency National Committee before taking any action in the prtiiieises
6. No miemrber of the Emergency Nat~ional Committee shall par-
ticipate, as a member of such Emergency National Committee in any
proceedings in which he is interested in either the comnplainant or
respondent company, or in which he is in any other manner dlir~ectlly
interested. andi in the event of any~ such disqualification, the remamn-
ing members of such Emergency National Committee shall cer~tify
such disqualification. together with the reasons there~for, to thek
Executive Director wh~o shall promptly deesignnte a person to sit as
a special member of such Emlergency National Committee for the
purpose of any such proceedings.
7. This Code shall be in effect beginning ten days after its ap-
proval by the Presidenit of thle United States.
UNIJVERSITY OF FLORIDA
SCHEDULE A ..;
A-1. On and after the effective date of this Code, employers in this Industryr :. ::;'
shall not operate on a schedule of hours of labor for their factory employees,
mechanical workers, andi artisans, except employees on emergency, maintenance,
and repair work, in excess; of 40 hours per week.
A-2. It shall be permissible, however, in an emergency to increase the number
of weekly hours whieb any factory employee, mechanical worker, or artisan may
he employed provided his total number of hours worked shall not exceed 1600
hours for any four-w~eek period.
A-3. On1 and after the effective date of this Code, employers in this Industry
shall not operate on a schedule of hours of labor for their accounting, clerical,
office service, or sales employees (except outside salesmen) or employees in a
mlnagrerifil or executive capacity who now receive mocre than $35.00 per week--
in excess of 44~ hours per w~eek.
B-1. On and after the elective date of this Code, the minimum wage that
shall b~e paid by employerrs in this Indlustry to factory employees, mechanical
workers, or artisans shall be not less than 40d per hour.
B-2. On and after the effective date of this Code, the minimum wage that
shall be paid by employers in this Industry to their accounting, clerical, office
service, or sales emlployees (except outside salesmen) or employees in a man-
agerial or executive capacity who now receive more than $35.00 per week shall
be not less than $15.00 per week.