Code of fair competition for the steel tubular and firebox boiler industry


Material Information

Code of fair competition for the steel tubular and firebox boiler industry as approved on October 23, 1933 by President Roosevelt
Portion of title:
Steel tubular and firebox boiler industry
Physical Description:
v, 6 p. : ; 24 cm.
United States -- National Recovery Administration
U.S. G.P.O.
Place of Publication:
Publication Date:


Subjects / Keywords:
Boiler-making industry -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 1129-1-17.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950895
oclc - 48023763
lccn - 33026633
System ID:

Full Text





PErs ml by he Superlatendent of Decmssens, Washlatn, nD.C. - Price 5 cont

Registry No. 1129--1-17



8. Code



^;;' ;;'

Thid publication is for sale by the Superintendent of Documents, Government
Prfinting Office, Walshington, D.O., and by district oflces of the Burean of Foreigno
and 1Domestic Commerce.


Atlanta, Ga.: 504 Post Office Building.
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Boston, Meas.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Buildling.
Charleston, S.C.: Chabmber of Comnmerce Building.
Chicago, Illi.: Suite 1706, 201 Nuor~th W~ells Street.
Clevelanld. Ohio: Chamzber of Commere.
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Hlruston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Build~ng.
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Kan~ss City, 310.~: 1028 Baltimore Avenue.
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Louisville. Ky.: Room 405, 421 West M~arket Str~eet.
Memphis, Trnn.: 266 South Wate Street.
Mrinneapolls, Mrinn.; 213 Federal Building.
New- Orleans, La1.: Room 225-A8, Customhouse.
New York<. N.Y.: 734 Custombouse.
Norf~tolk, Yu;.: 406r- East Plume Street.
PhiladeclphiA, Pa.: Room 812, 20 South Fifteenth Street
P'ittsbulyh, Pa.: Chamber of Commnerce Building.
Portland, Oreg.: 215i New Post Office Bunintilg.
St. Louis, MCo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, WCash.: 1406 Vanc~e Building.



An application having been duly made, pursuant to and in full
compliance wFithl the provisions of Title I: of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Steel Tubular and Firebox Boiler In
dustry, and hearings having been held thereon and th Adminis-
trator having rendered his report containing an analysis of the said
Code of Fair Competition together with his recommendations and
findings with respect thereto, and the Admlinistrator hav\ing found
that the said Code of Fair Competition complies in al respects with
the pertinent provisions of Title I of said Act a~nd that the require-
ments of Clau~se (1) and (2) of subsection (a) of Section 3 of the
said Act have been met:
NOW,. THEREFORE, I, Franklin D. Roosevelt, President of the
United States. pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do approve the report and recommendations and adopt the
findings of the Administrator and do order that the said Code of
Fair Competition be and it is hereby approved.

October f23, 1933.

Approval recommended :
HUGH S. JoaNson,
A dm inis tra tor.

117478"--188-4 2---33

OCTOBER ?t 1933.
The While House.
SmR: This is a report of the hearnlg on the Code of Fiair Compe-
tition for the Steel Tubular and F'lrebox Boiler Industry in the
United States, conducted in Washington on Septem~ber 28, 1933, in
accordance with the provisions of thne National Industrial Recovery

Factory employment is limited to 40 hours per week, except on
emergency or erection work, for which thle time-and-a-half rate will
be paid for inside work and$ double time for outside work. Execu-
tives, outside salesmen, and watchmen are not included in this sched-
ule of hours. Where production requires less hours of workr, the dtays
per wPeekr may be reduced by agreement between employers and
employees. NewP apprentices canr be employed only w;Cith the consent
of the Industry Commr~ittee and the Administrator, whose decisions
will be basedl on the local unemployment conditions.
The minimum wage provided for factory workers will be 40 cents
per hour except in specified southern states where the minimum will
be 34 cents. Old or disabled employees will be paid no less than
80 percent of this m~inimnum. The minimum wag~e for all other
employees, except commission salesmen, will be not less than $15 per
week;, office boys and girls receiving no less than 80 percent of this
minimum. The minimum age of employees will be 16 yea~rs.

The 40-hour normal week for factory employees, with ~the addi-
tional pay for overtime, should tend to level emnployment peaks inr
this I~ndustry and increase the number of worklers. Thlough exact
figures on this increase are not obtainable, it may be noted that the
adoption of th~e 410-hour week under the Re-Employment Ag~reement
and recent improved business have increased employment, ~from1
April 1st to September 1st, 45 percent..
As a result of thre minimum wagfes provided, thne avera~ge. wge
rate increase over those in effect April 1, 1933, hias been estimated at
19 pe~rcent'. The average minimum wage rate last April w~as
approxim~ately 30 cents and on. September 1st, 36 cents.
Thie labor provisions of this Code conform, as agrreed, to those
of the Boiler Mafnufacturing Code. Steel Tubular and Firebox
Boilers include the stationary type used- in buildings. They are sold
partly direct and partly through jobbers and contractors. in accord-
ance with standard price lists and catalog~s.
The comprehensive provisions of this Code on trade pret~icels are
subs,~tantiallyr tlhe sam~e as those already established by the Steel Heat-

ing Boiler Institute, the members of which include 66 percent of
the manufacturers andi have 94 percent of the total volumle of busi-
ness. 'I7re practice incorporated in this Codle provide a more liberal
interpretation and more extensive application of the statutes, ade-
quately stanndardizing and imiprovingi the trade conditions of the
Industry as a whiole.
This Indlustry has suffered severe losses during the depression.
Sales have dropped from $21,000,000 in 1928 to about $5,000),000 in
1932; and the number of employees from 3,300 to a thiird of that
figure the early part of this year. Only by increased business, which
will come about, largely through an upturn in construction, can
this capital goods Industry puit a large number of empilloyrees back
to work. I~n arriving at the terms expr~essed in thle Codle, it has
shown its cooperation in complying with the spirit of the Act.
The Administrator finds that:
(a) Thle Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without lisnita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10)
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
aldmission to membership therein andi is truly representative of the
Steel Tubular and Firebox Boiler Industry; and that
(c) The Code as recommended is not designed to promote m~o-
nopolies or to eliminate or oppress small enterprises and will not
operate to discriminate against them, and will tend to effectuate the
policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immediately
Hrran S. Jon~son,
Ad minist rator.




The following provisions are established as a Code of Fair Coml
petition for the Steel Tubular and Firebox Boiler Industry in order
to effectuate the policy of Title I of the N~ational Industrial Recovery

The term "L Steel Tubullar and Firebox Boiler Industry as usedl
herein (hereinafter abbreviated to this industry ") is defined to
mean all manufacturers of steel heating boilers as defined in Section
IV, Sub-Section I, of the Boiler Code of the American Society of
MSechanical Engineers; also, for all working pressures, Scotch type
boilers for stationary use, vertical fire tube boilers, horizontal firebox
type boilers, tubeless boilers, oil country boilers, miniature boilers.
The term "' member of this industry as used herein is defined to
mean, but without limitation, all persons, partnerships, or corpora-
tions who manufacture any of the above-specified items.
The term member of the Code as used herein is defined to mean
any member of this industry who signifies assent to this Clode.

SECT~Iox 1. (a) No employer shall employ, in any labor operations,
any person more than 40 hours per week, five consecutive days and
eight consecutive hours per day, exclusive of meal period, except
watchmen and/or as provided under paragraph (b), provided, how-
ever, that where it is necessary to work less than 40 hours per week,
the hours may be divided by agreement. between the employer and
the employees to a lesser number of days per week, but in no case
shall the hours exceed nine per day.
(b) In cases of emnergency production, repair or erection wvork:
that cannot be met by the employment of additional men and/or
it becomes necessary~, in order to protect life or property, to exceed
the hours scheduled in Section I (a), all such excess time shall be
paid for at the rate of not less than one and one-half times the hourly
rate for shop work. For all outside repair, renewal, construction
and/or erection work, not less than double the hourly rate sh;ll be
paid for all such excess time.
(c) N'o new apprentices shall be employed in the industry except
that the Executive Commlittee (als designated in Article VI), sub-
ject to the approval of the Administr~ator, miay grant the employment
of such new apprentices if in his judgment the existing surplus of un-
employed local labor is absorbed in reasonably steady employment.

This is not to be construed to prohibit instruction. of mechlanies al-
readyv employed in this industry.
(d) For all other employees except, executives, executives' secre-
taries, administrative and supervisory employees, and traveling n
commission salespeople, the time worked shall not be in exc~e~s of 410
hours per w-eek.
SIEC. 2. ~No employee shall be employed or permitted to work for
one or more employers in this industry in the aggregate in exces~s of
the prescribed number of hours in a single week; provided, however,
that if any employee works for more! than, onre em~ploy~er for an aggre-
gate period in excess of such m~aximnum without the conmra~nce of
any one of such employers, said employer shall not be held to havre
violated this provision.

SECTION 1. (a) The minimum wPages that shall be paid by anly
employer to any employee of the Steel Tubular and Firebox Boiler
Inadustry in labor operations directly incident thereto shall be 344
per hour for thne Southern territory and 40# per hour for all other
portions of the United States. The Southern territory is located
South of the States of lMaryland, W~est Virginia, and K~entucky andl
East of the M~ississippi River.
(b) Old or partially disabled employees unable to perform their
usual duties are not included in the above labor provisions, except
that they shall in no case be paid less than 80%b o'f the above mini-
mum,, and provided that the total number of such employees shall
not exceed 5%0 of the total number employed by any one emlployer
or where less than forty (40) persons are employed such employer
shall be entitled to two (2) employees of this class.
(c) The minimum wage that shall be paid by any employer to all
employees, other than those covered in Section I (a) and (b) except
commission salespeople, shall not be less than. $15 per weekr; provided,
howFever, that office boys and girls m~ay be paid not less than 80%)~'
of such minimum wa-ge, but the total number of such office boys or
girls shall not exceed in any calendar month 5% of the total number
of all employees covered by the provisions of this Section I (c) and
provided further that wichere a State law provides a higher minimum
wage, no person shall be paid a lo-wer wage than that required byr
such law, within that State.
SEC. 2. NO employee shall be classified in any one of the exempted
classes defined in this Article anrd in Aicrticle III, unless he performs
functions substantially identical with those performed by employees
thus classified on. June 16, 1933.

rSECTION 1. Nio emnplo~yer shall employ any person under sixteen
years of age. Provided, that where a State law provides a higher
minimum age, no person below the age specified by such. State lawm
shall be employed within that State.
SEC. 2. All employers in this industry shall comply with the pro-
visions of Sub-S~ection (a), Section 7, of the National Industrial

Recovery Act, as follows: (1) That employees shall have the right to
organize and bargain collectively through representatives of their
own choosing, and shall be free from the 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 ae-
tivities for the purpose of collective bargaining or other mutual aid
or protection; (2) that no employee and no one seeking employment
shall be required as a condition of employment to join any company
union or to refrain from joining, organizing, or assist~inga a labor
organization of his own choosing; and (3) that employers shall
comply with the maximum hours of labor, minimum rates of pay,
and other conditions of employment, approved or prescribed by
the President.
SEC. 3. Any system of contracting shop work by which an em-
ployee undertakes to do a. piece of work at a specific price, and
engages other employees to work for him, is prohibited by this
SEc. 4. The wage differentials for all operations shall be equitably
readjusted and in no case shall they be decreased. No unfair advan-
tage shall be taken of any employee in making this Code effective.
Each member of this industry shall report all such readjustmnents to
the Manager within 30 dlays of the effective date.
SEc. 5. No employer shall contract for the fabrication and/or eree-
tion of any of the products of this industry with any employer or
employee except when such employer or employee agrees to comply
with the labor provisions of this Code during the performance of
the contract.
SEc. 6. Each employer shall post in each workshop and on central
notice board in his factory the labor provisions of this Code.
AnnamL VI--AnnumIsTRanon

SECHION 1. The Steel Heating Boiler Institute, hereinafter desig-
nated as the S.H.B.I., shall not impose any inequitable restrictions on
admission to membership.
SEc. 2. The Executive Committee of the S.H.B.I., to membership
of which the President m~ay appoint one nonvoting member, is
hereby designated an Agency to cooperate with the Administrator
in the administration and enforcement of this Code, and for this
purpose shall appoint a full-time manager who, subject to approval
of the Executive Committee and the Administrator, shall (a) attempt
to determine within the industry as to whether any member has,
or has not, adhered to the provisions of this Code; (b) act as the
industry's representative in all dealings with the Government; (c)
conduct ainy investigation or survey within this industry that might
be of general benefit to this industry.
SEC. 3. With a view to supplying data as to the observance or
nonobservance of the Code, each member of this industry shall make
such reports relating to matters covered by this Code at such times
and in such form as the Executive Committee of the S.H.B.I., sub-
ject to the approval of the Administrator, shall prescribe. Such
reports shall be received by the Manager. The Executive Clommittee
of the 8.H.B.I. may require said reports to be substantiated by

oathi. lIf thre manager has reasons to believe that any report of any
member is inaccurate, such report may be verified by inspection of
the books and records of such member by a disinterested and im-
partial agency designated by the Executive Committee of thre
S~.H.B.I., subject to the approval of th~e Administr~ator. The said
reports shall be held in confidence by the Manager except insofar
as disclosure may be necessary for the effective enforcement of this
SEC. 4. NOthing in this Code shall preclude furnishing of com-
piled dlata to the members of this industry by thre Mfanagrer.
SEc. 5. In addition to information required to be submnitted to the
Executive Committee of the S.HI.B.I. there shall be furnished to
government agencies such statistical information as the Administra-
tor may deem necessary for the purposes recited in section 3 (a)
of the National Industrial Recovery Act.
SEC. 6. MJembers of this Code shall be entitled to participate in1
the Code activities of the S.H.B.I.
SEOJ. 7. Each member of the Code shall contribute his equitable
arid proportionate share toward the cost of administration of this
Cod,n~. either by be~comings a. member of the S.H.B.I. or byB paying*
an amount equal to that porton of the dues and/or assessments paid
by members of the S.H3.B3.I. which are usedX to defray the~ expense
of administration of this Code.
SEc. 8. Upon request of the manager each member of the Code
shall submit data necessary for prorating this expense. Each :memn-
ber of this Codle shall pay his prorated share of this expense uipon
demand of the Treasurer of the S.H.B.I.
SEC. 9. Eachn member of this industry shall report to the man-
ager any infraction of a provision of this Code by any other mem-
ber of this industry where said infraction affects the reporting
member's business.
SEO. 10. 1Each member of this industry who violates anly pro-
visions of this Code is liable to the penalty prescribed by the Na-
tional Industrial Recovery- Act.

SEO. 1. In order to promote fair competition anrd prevent discrim-
ination between purchasers, the following provisions shall be ob-
served and practice~d by all members of this industry:
(a) Prices, terms, and discounts shall be openly~ and publicly an-
nounced, and to this end they shall be issued in printed form by the
individual manufacturer.
(b) All offers to sell which take the form. of a quotation shall
represent the true prices and terms at which the manufacturer will
sell the goods covered by the quotation then being made, and any
omission of parts, or the furmshing of additional equipment shall
be reflected in the selling price.
(c) A~ll goods sold shall be invoiced at the true selling prices.
(d) No m~ember of this industryV shall disseminate false or mis-
leading information relative to competitor's products, selling prices,
credit standing, ability to perform w~ork, or labor conditions among
competitor's employees.

(e) No member shall give any gratuity to any person, including,
but without limitation, any natural person, partnership, association
or corporation, to induce such person to specify, allow, or approve
the products of a particular manufacturer.
(f) No member shall allow unjust claims for alleged shortage or

(g) No~B~ members of this industry shall circulate, not in good faith
but for the purpose of harassing and intimidating customers, threats
of suit for infringement of patents or trade marks among customers
of a competitor.
(h) No member of this industry shall attempt to induce the breach
or abandonment of any contract between a member and his customer.
(i) No member of this industry shall be a party to commercial
bribery in any form or under any condition.
(j) No member of this industry shall enter into a written or oral
agreement with any person that one or more clauses of the contract
or the specification will not be enforced, thereby receiving an unfair
advantage over competitors.
(k) No member of this industry shall make a deposit for the priv-
ilege of receiving plans and specitications and the opportunity to bid
on a contract without an agreement that the return of the full
amount of the deposit will be made upon the return of the said plans
and specifications to the issuer.
(1) The members of this industry manufacture and sell equipment
and this industry does not look with favor on guarantees of any
character other than those relating to materials and workmanship,
and under no condition shall any maintenance guarantees be made.
No member of this industry shall promise a better performance or
make a higher guarantee than previous experience indicates can be
(m) No member of this industry shall accept a, contract contain-
ing a penalty clause either for performance of the apparatus sold
or for time of delivery, unless the contract shall also contain a clause
providing a bonus to the member at the same rate as the rate of
penalty, except with the approval of the Executive Committee whose
decision shall be subject to approval of the Administrator.
(n) All quotations shall be made in accordance with published
price lists and any items not covered by such price lists shall be in-
cludled in the quotation with price list items and shall be itemized
at the normal selling price.
(0) All members shall include in all price lists, quotations and
contracts such general terms, discounts, freight terms, and guarantees
as may be prescribed by the Executive Commlittee subject to approval
of the Administrator.
(p) All members shall send to the M~anager two copies of price
sheets and catalogs and as many additional copies as he may require
for distribution to other members.
(q) Any member making any change in a published price list
shall mail notice to the manager five business days prior to effective
date of such change and concurrently shall place in the mail notices
to all known competitive members giving details of change. Other
members by mailing notices to the manager and to all other known
competitive members may make price list change effective the same


6 3 1262 08855 5429

date as specifiedl in thle notice receivedl. The operation of the fore-
going at all times shall be subject to the approval of the Adminis-
SEO. 2. NO member of this industry shall sell any of h~is products
at or belowr cost. Cost shall be determined by a system of cost
accounting approved~ by the Executive Committee, subject to the
approval of the Admrinistrator.

NIo provision inl this Code shall be interpreted or ap~plie~d in such
manner as to (a) permit monopolies or monopolistic practices, (b)
permit or encourage unfair competition, (c) elimuinaite, discriminate
against, or opprle~s small enterprises.

SECTION 1. This Code and all the provisions thereof are expressly
made subject to thne right of the President, in accordance w~ith the
provision of Subsection (b) of Sec~tion 10 of the National Inldustrial
RecoveryT Atct, from time to time to cancel or modify any order,
approval, license, rule, or r~egulation issued under Title I of said
Act and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed byhim upon his approval t~her~eof.
SEc. 2. uch of the provisions of this Code as are not required to
be included therein by the National Industrial RecoveryAtm
with the approval of the President, be modified or ealmintd s~
changes in circumstances or experience may indicate. It is con-
templated that from time to time supplementary provisions to this
Code or additional Codes will be submitted for the approval of the
Presid-ent to prevent unfair competition in, price and other unfair
and destructive! competitive practices.


SECTION 1. This code shall be effective as the Clode of Fair Com-
petition for the Steel Tubular and Firebox Boiler Indtustry on the
second Monday following date of approval by the President of the
United States.
SEC. 2. This Code shall continue in effect for a period of ninety
days after thie effective date of app~rovanl and thereafter until t~erml-
natedl as hereinafter provided. It may be terminated at any time
after the exrpiration of such period by the same action by members
of the Code as is above provided for the amendment thereof. When
so terminated~ all obligations and liabilities under the Code shall
cease, except those for unpaid assessments theretofore made in ac-
cordance with the provisions of the C'ode and those for liquidation
damages theretofore seemed under any provisions of the Code.