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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
WOOD TANK INDUSTRY
AS SUBMIITTED ON AUGUST 26, 1933
REGISTRY No. 323--01
The Code for the Wood Tank 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
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TENTATIVE COD)E O1F FAIR COMPETITION FOR THEi WOOD
FORMULATED IN ACCORDANCE WITHI THE REQUIREMENTS O1F
THE NATIONAL INDUSTRIAL; RECOVERY ACT
In order that labor may be reemployed, wages returned to a
reasonable level and the3 merc'handising of its products placed upon
a profitable basis, thlis Code of Fair Competition is submitted in
behalf of the Wood Tank Industry.
.At a meeting held in New Yorks City, August 18, 1933, at~tended
by a number of leading manufacturers of Wooden Tankrs a Code of
Fair Business Practice was set up.
In thle form in w-hich it is finally approved by the President of the
United States, this Code of Fair Competition w~ill become mandatory
upon the Wi~ood Tank Industries through~out thze United States.
1. WOood Ta~nk Mfanufacturers means any person regularly c~on-
ducting the business of manufacturing Tanks and such accessories as
nowr or have been manufactured or assembled and used in connec-
tion therewilth, and~ maintalining a sales and services organization for
the selling, erecting, building, sett~inga up or servicing of tihe equip-
2. TPanks mean any type of Wood Tank of whatsoev-er construction
for the purpose of stormng water and all other types of liquids, semi-
liquids, or solids.
3. "Person" mnenns any natural person, partnership, association,
-or corpora tion.
4. "Board"? means t~her Board of Directo~rsr comprising representa-
tives of thle industry representingr all sections of the United
1. For the purp'Iose off Admainistration of this Code t~he Board is
hereby directed and emipowerled, subject to the approval of the
Nationall Recovery Admlinistration, to make rules, regulations, and
interpretations, including trade practices necessary for the" admin-
ist~ration and enforcement of this Code and shall be responsible
for mnaintaining strict conformity to the Code as adopted and/or
2. Every person subject t.o this Code shall pay his proportionate
sh are of the costs incident t~o the preparation, promulgation,
purposes, administration, and enforcement thereof; such costs shall
be prorated, assessed, and collected fromt all such persons in accordance
with the actual reasonable requirements of the Code.
3. Membership in the WVood Tank Associa.t.ion shall be open to any
person engaged in the manufacture of Wooden Tanks and such
accessories thereof. Each and every person, member or nonmember
of this Association shall be bound by the provisions of this Code and
the rules and regulations issued thereunder, and shall be compelled to
adhere to such penalties as may be prescribed by law. Nro inequitable
restrictions onl admission t~o membership mn this Association are or
may be imposed by this Association.
1. As required by title I, Section 7i (a) of the National Industrial
Reco very Act, it is agreed:
(a) That emlployees shall have t~he right. to organize and bargain
collectively through representatives of their own choosing, and shall
be free fromt 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 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 employment to jomn any company umion or
to refam~ from joining, organizing, or assisting a, labor organization
of his own choosing; and
(c) That employers shall comply with t~he maximum hours of
labor, minimum rates of pay, and other conditions of emnploLyment,
apprvedor described by the President of the Urnited States.
mn any particular, rights of the employee and employer to bargain
individually or collectively as may2 be mutually satisfactory to them.
(e) Noth~ing in this Code is to impair t~he rights of employer to
freedom in the selection, retention, and advancement of employees on
thle basis of merit.
2. No person under 16 years of age shall be employed.
3. (a) M~arimum hours of labor.-T~he maximum hours of labor of
emlploy-ees subject. to the jurisdiction of this Code shall be exclusive of
executives, office and supervisory staff, salesmen, engineers,yard
managers, wa~tchmen, and learners (apprentices) between 16 and 20
years of age~, and who have been in the emlploy of a person prior to
Jly 12, 1933, except that where any owner, partner, stockholder, or
manager performs any of t.be: functions of labor, except offce or
executive work, he shall be bound to observe t~he maximum ours and
shall be paid at least the established hourly rates of pay for the
classification of labor performed.
(b)r Under no circumstances shall any hourly rates of pay, for any
class of labor, be reduced below that in effect on June 16, 1933.
(c) In the event of abrupt violent fluctuation in volume of business,
it is proposed that some reasonable latitude may be provided for,
and that during such rush sea.son in maximum-hour provisions in this
Code. It is therefore agreed that the number of hours of work per
week may be averaged during such rush period, but no more than 48
hours per w~eek, at all other times not over 44 hours per week, and
at no time shall any employee be called upon to work more than 8
hours in any one day.v
ARTICLE' 4--ATINIMlU M WAGES
TIhe minimum wages which shall be paid by~ persons in this industry,
subject to t~he jurisdiction of: this Code, shall be not less than 35p
per houir. It is agreed that this paragraph establishes a guaranteed
mlinimu~m rate of pay regardless of whether the employee is com-
pensatedl on thfe basis of' a time rate or otherwise performed, excep~ting
learners (apprentices over 16 years of age and under 20 years, taking
3 yvears' course) who have been in the employ of a person prior to
July 12, 1933, shall be paid 40%1 of the minimum wage the first 6
months of their employment; 50%~P the second 6 months; 60%j the
third 6 months; 70%~ thie fourth 6 mnonths; 80%1 the fifth 6 months;
and the full minimum wages the last. 6 months of the three-yea~r
course. And no new learners shall be employed.
ARTICLE: 5;-CosT or DomeG BUSINESS
Cost shall constitute replacement price of merchandise, transporta-
tion thereon, .manufacturizng, depreciation, depletion, obsolescence,
interest on investment, selling and admninist~rative expense. All
manufacturers in, this industry shall adopt a uniform cost system,
determined by standard accounting practice to arrive at such cost.
Cost shall be computed by the Board of Directors, and shall be
approved byr the NRA Administrattor. No person in. thnis industIry
shall sell his product below such reasonable cost. The Tank Adml~in-
istrative Boa~rd shall estalblis'h uniform cost account-ing systeml,
applicable to every section of the U~nited Sta~tes, and each person of
this industry shall adhere to the uniforms system adopted to the
extent of incorporating in all calculations of cost all of the elements
ARTICLE 6 --ASIS OF FALIR SELLING PRICE
1. UTniform. Terms of Sale. -All contracts of sale shall be in writ-
ing and shall contain a definite statement of specifications, price,
quality, terms of payment, time and place of delivery, and all ot her
items necessary to form a complete understanding. Definite st.and-
ard terms of sale a~s published must be reasonably adhered to and the
continued violation of such published terms by a person in this
industry is a violation of this Code.
2. Absorption of Tran~sportation Gosts.-Standard, reasonable sales
price shall be f.o.b. factory with hauling, or transportation added
as a separate item to destination, and to be on a parity with railroad
freight. The Tank Administrative Board shall adopt standard
practices, binding upon all persons selling in all parts of t~he Unit~ed
States or foreign countries.
ARTICLE 7 RULES AN'D REGULATIONS TO PREVENT UNFAIR COM-
1. Secret Rebates.-No person in this industry shall make a secret
prepayment. of transportation charges or permit the payment or
allowance of secret rebates, so-called agency allowances to thle pur-
chaser, refunds, credits, or unearned discounts, whether in form of
money or otherwise, or the gii~ng of nprmiulms, or extending to certain
purchasers special service or privilege not extended to all purchasers
under like terms and conditions.
2. Interference in. Contracts.--No person in these industries shall
willfully interfere by any means or device whatsoever, in any existing
contract or order between a, seller and a purchaser or sale of any
product handled by the industry, or the per-formance of any contrac-
tua~l dutyv or service connect-ed therewith, such interference tending to
cause the breach of an existing contract or order and being for the
purpose or with~ t~he effect of dissipating, destroying or appropriating,
mn whole or in p~art, t~he patronage, property, or business of another
engaged in this inldustry.
3. Defamati~on of Competitlor.--No person in these industries shall
defame a, competitor by words or acts, falsely imputing to his dis-
honorable conduct., inability to perform contracts or questionable
credit standing, or by the false disparagement of the grade or quality
of his material.
4. Conformity w~ith Sp~-ec~iication Requcirements.--No person engaged
in this industry shall sell or offer for sale any product of the industry
with intent to deceive customers or prospective customers, as to the
quality, quantity, size, grade, or substance of each product.
5. Mn~isbrandin~g.-No person in this industry shall mark or brand
`products of the industry for the purpose or with t~he effect of mis-
leading or deceiving purchasers with respect, t~o the quality, quantity,
size, grade, or substance of the materials purchased.
6. Paymenrt of Commissuion to Cu~stomer or Prospectiv~e C~ustomer.--No
person in this industry shall pay or promise to pay, to a customer, to
an employee of a customer or prospective customer, a commission or
consideraction of any character for the purposeP of induirng, or com-
pnsat~.ingr for a sale.
7. Comm7er~ciarl Bribery.--No person in this industry shall offer or
give commissions, prizes, premiums, gifts or excessive entertainment
as an act of commercial bribery to anyone in connection with the sale,
pulrchase, or use of his products, or as an inducement thereto, and no
person shall offer engi~neering service without compensation.
8. Enticement of Employees.--No person in this industry shall entice
employees from a ~compet~it~or nor interfere with a competitor's business
through the enticement of his employees.
9. Ali~srepresentation.-No person in this industry shall misrepre-
sent the capacity of a tank, or tanks, or misrepresent a competitor's
product by th3e showing of pictures or photographs of competitor's
products, broken or destroyed.
10. Fraud annd Alisrepresentation.-No person in this industry shall
make, cause, or permit to be made or published, any false, untrue, or
deceptive statement by way of photograph, advertisement, or other-
wise concerning grade, quality, character, nature, origin, manufacture,
or preparation of products of a. competitor.
11. Patents, Trade M~arks, and Trade Names.-No person in this in-
dustryV shall imitate the trade mnarks or trade names of a competitor
which results'in deception to buyers and consumers, which may be an
invasion of property rights of such competitor. The circulation of
threats of suits for infringement of patent or trade mark among cus-
tomlers of a competitor, not made in good faith, for the purpose of
harassing and intimidating customers, is an unfair trade practice.
12. Guarantee -M'~lis~representation .-No person in this industryI shall
make any statement either oral,w~ritten, or printed, for the purpose of
having the effect of misleading or deceiving purchasers with respect to
the quality, grade, longevity, brand, or substance of the goods pur-
chased. Long con tingent guarantees not backed by adequate
resources are condemned.
13. Enforcing observance by distributors and agents.-Nruo person in
this industry sha.U permit his products to be handled by a middleman
or agent standing between producer and conzsumcer who violates the
provisions of this Code of Fair Competition.
1. No provision in this Code shall be interpreted or implied in such
manner as to:
(a) Promote monopolies
(b) Permit or encourage unfair competition
(c) Eliminate or oppress shall enterprises, or
(d) Discriminate against small enterprises.
2~. This Code or any of its provisions may be cancelled or modified
and any approved rule issued thereunder shall be in effect to any
extent upon due conformlity to any action of the President of the
United States, under 9B of the National Industrial Recovery Act.
3. Amendments to this Code may be proposed to the Tank Admin-
istrative Board or may be initiated by it. and when approved byr the
said Board sha~ll be effective, subject to approval byt the President of
the United Sta tes.
4.Suppnlementarl Code provisions affect~ing or pertaining to any
change or alterations not inconsistent with the provisions of this Code
may be recommended to the Admlinistrattor, such supplements shall
have the same effect as any other provisions of this Code.
5. Violations.--Any act that is deemed to be an unfair trade prac-
tice shall be considered a.s a violation of this Code and of the rules
and regulations attached hereto and the act under which the Code is
authorized. Violation by any person subject to any provisions of this
Code or of any approved Code issued thereunder, or of any agreement
entered into by him under this Code, is an unfair method of competi-
tion and the offender shall be subject to the penalties imposed by the
National Industrial Recovery Act.
ARTICLE 9--LIMITATIONS ON PLANTS, N~w PaovocTroN, AND
1. Already existing manufacturing facilities of this industry being
for years past and at present more than adequate to the needs of the
country; it is agreed that no new person beyond those already in
operation in the Tank Industry mlay be established, unless it is de-
termined by appropriate authority under the National Industrial
Recovery Act that existing channels of distribution have failed to
fulfil their responsibilities: Provilded, however, T'hat nothing herein
shall prevent the sale and subsequent operation of plants engaged in
the industry on the effective date of this Act or the passage of title by
operation of law and their subsequent use.
UNIVERSITY OF FLORIDA
6 3 1262 08855 7524
2. A Planning Committee (9 in number) selected from the northern,
southern, eastern, and western sections of the United States to study
this problem and promulgate fair and reasonable rules to prevent
overproduction and it~s resultant losses to the industry, labor, and the
public at large. Its findings when approved by the Administrator
shall be incorporated in and become a part hereof.
3. Ant~i-Dumping.--To prevent dumping, from sources outside of
the industry, as well as within, which has been so prevalent during
the past few years, any producer or dealer in the commodities used
primarily byJ this industry or any person in this industry shall not sell
such materials below the general market price established and pre-
vailing where delivery is made.
If any provision of this Code is declared invalid or unenforceable,
the remaining provisions shall remain in full force and effect the same
as if they had been separately presented for approval by the President
of the United States.
This Code shall be in effect within 10 days after its approval by
the President of the United States.
The following Tank Mlanufacturers have approved the aforesaid
Atlantic Tank Corporation, North Bergen, N.J.
A. J. Corcoran, Inc., Jersey City, N.J.
Amros H. Hall & Sons, Phil adelphia, Pa.
Hammond Tank & Lumlber Co., San Francisco, Calif.
Hydro & Chemical Tank Co., New Ytork City.
David Issex & Sons, Brooklyn, N.Y.
Issex Bros., Brooklyn, N.Y.
Mayter Tank Mlanufacturing Co., Brooklyn, N.Y'.
New England Tank & Tower Co., Everett, Mass.
J. Rosenwach, Brooklyn, N.Y.
G. Woolford Wood Tank M'anufacturing Co., Philadelphia, Pa.
The Baltimore Cooperage Tank & Tower Co., Baltimore, Md.
The above Code is respectfully submitted for approval or modifi-
cation by the President of the United States.
V'ice President and CouInsel
W~ood Tanlk M~anufacturers of America.