Ap~rvedCodeNo.334Amenmen No.2 Rgisry N.131-0
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 16, 1935
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Approved Code No. 334-Amendment No. 2
Registry No. 1331-02
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Approved Code No. 334--Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
BEVERAGE DISPENSING EQUIPMENT INDUSTRY
As Approved on March 16, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE BE'-
ERAGE DISPENSING EQUIPMENT INDUSTRY
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of nineteen
amendments to a Code of Fair Competition for the Beverage Dis-
pensing Equipment Industry, and hearings having been duly held
thereon and the annexed report on said amendments, containing
findings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including Exec-
utive Order Number 6859, and otherwise; does hereby incorporate,
by reference, said annexed report and does find that said amend-
ments and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendments be and they are hereby approved, and that the pre-
vious approval of said Code is hereby amended to include an ap-
proval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
March 16, 1935.
REPORT TO THE PRESIDENT
The IV'hite House.
SIR: This is a report on nineteen amendments to the approved
Code of Fair Competition for the Beverage Dispensing Equipment
These amendments are acceptable to the Code Authority for that
Industry and to the various Boards and Divisions, and opportunity
to be heard thereon has been given to all interested parties.
The Acting Assistant Deputy Administrator in his final report to
us on said amendments to said Code having found as herein set
forth and on the basis of all the proceedings in this matter, we find
(a) The amendments of said Code and the Code as amended are
well constituted to promote the policies and purposes of Title I of
the National Industrial Recovery Act, including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of Industry for the
purposes of cooperative action among the Trade Groups, by inducing
and maintaining united action of labor and management under
adequate Government sanction and supervision, by eliminating un-
fair competitive practices, by promoting the fullest possible utiliza-
tion of the present productive capacity of indu-tries, by avoiding
undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, and improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons therefore, we have approved these amendments.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
MARCH 16, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY
1. Amend Article II by adding the following as Section 9:
SECTION 9. The term "employer as used herein includes anyone
by whom employees are compensated or employed.
2. Amend Article III, Section 1, by inserting in parentheses
between the words one week and except ", the words seven (7)
day period ", the Section to read as follows:
SECTION 1. Ma,,r:im :n HCirrs.-No employee shall be permitted to
work more than forty (40) hours in any one week (seven (7) day
period), nor more than eight (8) hours in any one day (twenty-four
(24) hour period), nor more than six (6) days in any one week
(seven (7) day period), except as herein otherwise provided.
3. Amend Article III, Section 6, to read as follows:
SECTION 6. E.'(nmpt1ons as to IHowrs.-The provisions of this
Article in respect to the limitation of hours shall not apply to trav-
eling salesmen, or to persons employed in a managerial or executive
capacity who earn not less than thirty-five dollars ($35.00) per week.
4. Amend Article III, Section 7, to read as follows:
SECTION 7. The provisions of this Article in respect to the limita-
tion of hours shall not apply to employees engaged in emergency
maintenance or emergency repair work, provided, however, that in
any such emergency work at least one and one-half (11,.) times the
normal rate of pay shall be paid for all hours worked in excess of
the maxima herein provided by this Article, and further provided
that all cases of emergency work shall be reported to the Code
Authority, and further provided that such overtime shall not exceed
eight (8) hours in any one week (seven (7) day period) except in
cases of emergency maintenance or emergency repair work involving
breakdowns or the protection of life or property.
5. Amend Article IV, Section 1, third word, to read shall ".
6. Amend Article IV by adding the following as Section 6:
SECTION 6. Female Employees.-Female employees performing
substantially the same work as male employees shall receive the same
rate of pay as male employees.
7. Amend Article IV by adding the following as Section 7:
SECTION 7. Handicapped Persons.-A person whose earning ca-
pacity is limited because of age, physical or mental handicap, or
other infirmity, may be employed on light work at a wage below
the minimum established by this Code if the employer obtains from
the State Authority designated by the United States Department of
Labor a certificate authorizing his employment at such wages and
for such hours as shall be stated in the certificate. Employers shall
be guided by the instructions of the United States Department of
Labor in issuing certificates to such persons. Each employer shall
file monthly with the Code Authority a list of all such persons em-
Piltyed by himi. showing the wages paid to. and the maximum hours
(if work for such employee.
8. Amend Article V. Section 1. third sentence, to read as follows:
The Code Authority shall submit to the National Industrial Re-
couver Board. for approval, within sixty (60) days after the effec-
tive date of this Amendment, a list of such operations or
9. Amend Article V. Section 4. second sentence, to read as follows:
Standards for safety and health for the Industry shall be sub-
mitted by the Code Authority to the National Industrial Recovery
Board, for approval, within six (6) months after the effective date
of this Amendment.
10. Amend Article V, Section 6. to read as follows:
SEto-No 6. All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
member of the industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the National Indus-
trial Recovery Board.
11. Amend Article V, Section 8. to read as follows:
Section S. liismhisal.-No employee shall be dismissed, demoted
or otherwise discriminated against by reason of making a complaint
or giving evidence with respect to a violation or an alleged violation
of any Code.
12. Amend Article VI, Section 11. first statement, to read as
SECTION 11. Subject to such rules and regulations as may be issued
by the National Industrial Recovery Board, the Code Authority
shall have the following powers and duties to the extent permitted
by the Act;
13. Amend Article VI, Section 11. subsection (a), to read as
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions of
14. Amend Article VI, Section 11, subsection (b), to read as
(b) To adopt. subject to the approval of the National Industrial
Recovery Board, By-Laws and rules and regulations for its
15. Amend Article VI, Section 11, subsection (e), to read as
(e) To make recommendations to the National Industrial Re-
covery Board for the coordination of the administration of this Code
with such other codes, if any, as may be related to or affect the
16. Amend Article VII, Rule 5, to read as follows:
RaT-E 5. Secret Rebates.-No member of the Industry shall secretly
offer or make any payment or allowance of a rebate, refund, commnis-
sion. credit, unearned discount or excess allowance, whether in the
form of money or otherwise, nor shall a member of the industry
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class, for the purpose
of influencing a sale.
17. Amend Article VII, by adding the following as Rule 20:
RULE 20. Classification of Customers.-The Code Authority shall
cause to be formulated and keep current a classification of all types
of customers of the Industry. Such classification shall be subject
to the disapproval of the National Industrial Recovery Board and
shall contain: (a) a complete list of all of the classes of customers
of the Industry, including a class to cover every known type of cus-
tomer; and (b) definitions or descriptions of the several classes in
terms of functions performed, or in other appropriate terms such
as purchasers of defined quantities.
After submission to the National Industrial Recovery Board, if
there is no disapproval or request for suspension of action within
twenty (20) days, full information concerning the classification
shall be made available to all members of the Industry. No one
shall by intimidation, coercion, or other undue influence cause or
attempt to cause the inclusion of any customer in or the exclusion of
any customer from any cla:-s of customers, or the exclusion of any
class of customers from the classification, or the use of uniform or
stipulated prices, discounts, or differentials and each member of the
Industry may at all times classify his own customers in accordance
with his own judgment.
18. Amend Article XII to read as follows:
Every member of the Industry shall comply with the rules and
regulations of the National Industrial Recovery Board as to regis-
tration with the Code Authority or such other agency as the Na-
tional Industrial Recovery Board may direct and including, but
without limitation, the number of shops, establishments, or separate
units thereof and their location, as well as each additional shop,
establishment, or separate unit opened after registration.
19. Amend Article XIII by designating it as Article XIV, and
by adding the following as Article XIII:
No member of the Industry shall permit any individual, corpora-
tion, partnership, association, or other form of enterprise owned or
over which it exercises control, to violate any provision of this Code,
or any other Code. Nor shall any member of the Industry engage
in any subterfuge for the purpose of and with the intent or effect
of defeating or violating the provisions of this Code, or any other
Code, or of the Act.
Approved Code No. 334-Amendment No. 2.
Registry No. 1331-02.
UNIVERSITY OF FLORIDA
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