Code of fair competition for the oil burner industry as approved on September 18, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the oil burner industry as approved on September 18, 1933 by President Roosevelt
Portion of title:
Oil burner industry
Physical Description:
vii, 7 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Oil burner industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-03."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004922061
oclc - 63655263
System ID:
AA00007827:00001

Full Text



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Registry No. 1399-03


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


OIL BURNER INDUSTRY


AS APPROVED ON SEPTEMBER 18, 1933


PRESIDENT ROOSEVELT


RA
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OUR PART


1. Executive Order of President Roosevelt

2. Report of Administrator

3. Report of Deputy Administrator

4. Text of Code


UNITED STATES
GOVERNMENT PRINTING OFFICE'
WAqHINGTON : 1933
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EXECUTIVE ORDER


CODE OF FAIR COMPETITION, OIL BURNER INDUSTRY

An application having been duly made, pursuant to and in full
compliance with 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 Oil Burner Industry, and hearings having
been held thereon and the Administrator 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
Administrator having found that the said Code of Fair Competi-
tion complies in all respects with the pertinent provisions of Title I
of said Act and that the requirements of clauses (1) and (2) of sub-
section (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 18, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of the Administrator and do order that the said Code of Fair
Competition be and is hereby approved, subject to the following
condition:
(1) To effectuate further the -policies of the Act, a Code Authority
be created to cooperate with the Administrator as a Planning and
Fair Practice Agency for the Oil Burner Industry, which Code
Authority shall consist of nine representatives, of the Oil Burner
Industry elected by a fair method of selection, to be approved by the
Administrator, and three members without vote appointed by the
Administrator.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
September -, 1933.
(in)











SEPTEMBER 16, 1933.
The PRESIDENT,
The White House.
MY DEA MnR. PRESIDENT: This is a report of the hearing on the
Code of Fair Competition for the Oil Burner Industry in the United
States, conducted in Washington August 21st and 22nd, 1933, in
accordance with the provisions of the National Industrial Ricovery
Act.
The following exhibits are included and attached:
(1) Final Code submitted.
(2) Notice of Hearing.
(3) Statement of Procedure.
(4) Statistical Analysis by Research and Planning Division.
(5) Transcript of the Records.
(6) List of witnesses.

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS

(a) The standard work week for the Oil Burner Industry shall
be as follows:
1. For manufacturing operations, not to exceed an average of 32
hours per week during the period January to June, inclusive, and not
to exceed 40 hours during any one week of that period; not to exceed
an average of 40 hours per week during the period July to December,
inclusive, and not to exceed 48 hours during any one week of that
period; a maximum average of 36 hours per week for the period of
one year.
2. For the installation and servicing of oil burners, not to exceed
an average of 32 hours of labor per week during the period March
to August, inclusive, and not to exceed 40 hours of labor during
any one week of that period; not to exceed 48 hours of labor in
any one week during the period of September to November, inclu-
sive; not to exceed an average of 40 hours of labor per week during
the period December to February, inclusive; and not to exceed 48
hours of labor during any one week of that period; a maximum
average of 38 hours of labor per week for the period of one year.
3. For office and employees engaged in a managerial or executive
capacity, receiving less than $35.00 per week, not to exceed a maxi-
mum average of 40 hours per week, averaged over a six months'
period, and not to exceed 48 hours during any one week of that
period.
(b) It is the declared policy of the Industry that, insofar as con-
sistent with sound business practices, the same personnel shall be
kept throughout the year.
(c) The minimum wage rate in the Oil Burner Industry shall be
not less than 45 cents per hour. For office or employees engaged in
a managerial or executive capacity, the minimum wage rate shall
not be less than $15.00 per week. This paragraph establishes a
(Iv)







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guaranteed minimum rate of pay regardless of whether the employee
..is compensated on the basis of a time rate or on a piece-work per-
formance or otherwise.
(d) In the event that any member of the Oil Burner Industry
shall also be a member of another industry, such member may, with
the approval of the Administrator, pay such wages and work such
hours as provided in the approved code governing such other indus-
try. For purposes of pricing products of the Oil Burner Industry,
however, not less than the above minimum wage shall be used as
the basis of calculating costs.
(e.) No person under sixteen years of age shall be employed
in the Oil Burner Industry; provided, however, that where a State
law specifies a higher minimum age, no person below that age so
specified by such law shall be employed in that State.

ECONOMIC EFFECT OF THE CODE
The Oil Burner Industry is one of our youngest industries. Partly
for that reason and partly because the number of employees involved
in the actual manufacturing process is small, the industry has re-
ceived very little attention in statistical reports and in compilations
of business activities. Where considered, the data are usually in-
cluded in larger classifications. The picture is further complicated
by the fact that part of the total oil-burner production is accom-
plished in plants or shops which produce other products.
In 1929, according to Census data, 69 establishments were devoted
exclusively to the production of oil burners. This had shrunk in
1931 to 37. The indication from available data is that the firms
which dropped out were, on an average, very small plants.
This is a vertical code governing all branches of the industry from
the manufacturer to the retailer. Taking this into consideration,
it is estimated that there will be approximately an increase of 8,000
in employment. The increase in the monthly pay roll throughout
the industry is estimated at approximately $800,000.00.
FINDINGS
The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limi-
tation, subsection (a) of Section 7, and subsection (b) of Section
10 thereof; and
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Oil Burner Industry; and that
(c) The Code as recommended is not designed to promote mo-
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
adopted.
Respectfully submitted.
HUGH S. JOHNSON,
Administrator.












SEPTEMBER 16, 1983;
To: General Hugh S. Johnson, Administrator.
From: R. B. Paddock.
Subject: Report on the Code of Fair Competition for the Oil
Burner Industry.
This is a report of the hearing on the Code of Fair Competition
for the Oil Burner Industry of the United States conducted in
Washington on the 21st and 22d of August 1933, in accordance with
the provisions of the National Industrial Recovery Act.
The following exhibits are included and attached:
A. Reports submitted by-
(1) Industrial Advisory Board.
(2) Consumers' Advisory Board.
(3) Labor Advisory Board.
(4) Legal Division.
(5) Research and Planning Division.'
(6) Final approval by all Advisory Boards, Legal Division, Re-
search, and Planning Division.
B. The Code as finally proposed, revised, and accepted by the
Oil Burner Industry.

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS

(a) The standard work week for the Oil Burner Industry shall
be as follows:
1. For manufacturing operations, not to exceed an average of 32
hours per week during the period January to June, inclusive, and
not to exceed 40 hours during any one week of that period; not to
exceed an average of 40 hours per week during the period July to
December, inclusive, and not to exceed 48 hours during any one
week of that period; a maximum average of 36 hours per week for
the period of one year.
2. For the installation and servicing of oil burners, not to exceed
an average of 32 hours of labor per week during the period March
to August, inclusive, and not to. exceed 40 hours of labor during any
one week of that period; not to exceed 48 hours of labor in any one
week during the period of September to November, inclusive; not to
exceed an average of 40 hours of labor per week during the period
December to February, inclusive, and not to exceed 48 hours of la-
bor during any one week of that period; a maximum average of 38
hours of labor per week for the period of one year.
3. For office and employees engaged in a managerial or executive
capacity, receiving less than $35.00 per week, not to exceed a maxi-

'This is included in the group of papers for submission to the President and is not
duplicated herein.
(VI)







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mum average of 40 hours per week, averaged over a six-months'
period, and not to exceed 48 hours during any one week of that
period.
(b) It is the declared policy of the Industry that, insofar as con-
sistent with sound business practices, the same personnel shall be
kept throughout the year.
(3) The minimum wage rate in the Oil Burner Industry shall
be not less than 45 cents per hour. For office or employees engaged
in a managerial or executive capacity, the minimum wage shall not
be less than $15.00 per week. This paragraph establishes a guaran-
teed minimum rate of pay regardless of whether the employee is
compensated on the basis of a time rate or on a piecework per-
formance, or otherwise.
(d) In the event that any member of the Oil Burner Industry shall
also be a member of another industry, such member may, with the
approval of the Administrator, pay such wages and work such hours
as provided in the approved Code governing such other industry.
For purposes of pricing products of the Oil Burner Industry, how-
ever, not less than the above minimum wage shall be used as the
basis of calculating costs.
(e) No person under sixteen years of age shall be employed in
the Oil Burner Industry; provided, however, that where a State
law specifies a higher minimum age, no person below that age so
specified by such law shall be employed in that State.

FINDINGS

The Deputy Administrator finds that-
(a) The Code as recommended, complies, in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof; and that
(b) The applicant group imposes no inequitable restrictions on ad-
mission to membership therein and is truly representative of the Oil
Burner Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies 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.
From evidence adduced during this hearing and from recom-
mendations and reports of the various Advisory Boards, it is be-
lieved that this Code, as now proposed and revised, represents an
effective, practical, equitable solution for this industry, and its
approval, as herewith submitted, is recommended.
Respectfully submitted.
R. B. PADDOCK,
Deputy Administrator.


























































CODE OF FAIR COMPETITION FOR THE OIL BURNER
INDUSTRY

I. PURPOSE

To effectuate the policy of Title I of the National Industrial
Recovery Act, this Code is set up for the purpose of increasing em-
ployment, establishing fair and adequate wages, effecting necessary
reduction of hours, improving standards of labor, and eliminating
unfair trade practices, to the end of rehabilitating the Oil Burner
Industry and enabling it to do its part toward establishing that
balance of industries which is necessary to the restoration and
maintenance of the highest practical degree of public welfare.
No provision in this Code shall be interpreted or applied in such
a manner as to promote monopolies, or monopolistic practices, permit
or encourage unfair competition or eliminate, oppress or discriminate
against small enterprises.
II. PARTICIrATION

Each member of the Industry, subject to the jurisdiction of this
Code and accepting the benefits of the activities of the Code Author-
ity hereunder, shall pay to the Code Authority his proportionate
share of the amounts necessary to pay the cost of assembling, analyz-
ing, and publication of such reports and data, and of the maintenance
of the said Code Authority and its activities; said proportionate
share to be based upon value of sales, as the Code Authority, with
the approval of the Administrator, may prescribe for each division
or subdivision.
III. DEFINITIONS

A. Classes of Equipment.-For the purpose of the administration
this Code all products of the Oil Burner Industry shall be broadly
defined as follows:
Class 1. Domestic Oil Burners which shall be motor driven or
otherwise, designed primarily for use with central heating plants
in one or two family dwellings or similar uses.
Class 2. Commercial Oil Burners which shall be motor driven
or otherwise, designed primarily for application to the heating plants
of multiple dwellings and commercial and public buildings or similar
uses.
Class 3. Boiler-Burner Units which shall be combinations of oil
burners and boiler or furnaces, designed primarily for heating do-
mestic or commercial types of buildings or similar uses.
12103"--133-35----33 f 1








Class 4. Distillate Oil Burners which shall be burners designed-
primarily for use in connection with cooking ranges, space heaters
and domestic water heaters or similar uses as follows:
(a) Conversion burners consisting of distillate burners designed.
to be installed in cooking and heating units.
(b) Cooking or heating devices manufactured expressly for use
with oil burners, the burners becoming an integral part of the unit.
at the point of manufacture.
Class 5. Industrial burners, which shall be burners designed pri-
marily for producing heat or power for industrial process and/or
purposes.
B. Units of the Industry.-Where used in this Code the following
definitions shall apply:
1. Manufacturers are persons, including but not limited to, indi- .
viduals, partnerships, associations, or corporations engaged in the
production of oil burners by fabrication and/or assembly.
2. Distributors are persons, including but not limited to, indi-
viduals, partnerships, associations, or corporations operating under
a contract and/or franchise to purchase burners from a manufac-
turer and whose oil-burner business is the sale of oil burners to
dealers for resale at retail.
3. Dealers are persons, including, but not limited to, individuals,
partnerships, associations, or corporations operating under a con-
tract and, or franchise with a manufacturer or distributor and whose
oil-burner business is the sale of oil burners at retail.

IV. LABOR PROVISIONS

The following labor provisions are hereby established for the
oil-burner industry:
(a) Employees in the Oil-Burner Industry 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
activities for the purpose of collective bargaining or other mutual
aid or protection.
(b) No employee and no one seeking employment in the Oil-
Burner Industry shall be required as a condition of employment
to join any company union or to refrain from joining, organizing,
or assisting a labor organization of his own choosing.
(c) Employers in the Oil-Burner Industry shall comply with the
maximum hours of labor, minimum rates of pay, and other condi-
tions of employment, approved or prescribed by the President of the
United States.
B. Standard Work Week and Mininmum Wage.-(a) The standard
work week for the Oil-Burner Industry shall be as follows:
1. For manufacturing operations, not to exceed an average of
32 hours per week during the period January to June, inclusive, and:
not to exceed 40 hours during any one week of that period; not to
exceed an average of 40 hours per week during the period July to
December, inclusive, and not to exceed 48 hours during any one week


.i 7

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3

64-that period;, a maximum'average of 36 hours per week for the
period of one year.
2. For the installation and servicing of oil burners, not to exceed
an average of 32 hours of labor per week during the period March
to August, inclusive, and not to exceed 40 hours of labor during
any one week of that period; not to exceed 48 hours of labor in any
Mde week during the period of September to November, inclusive;
not to exceed an average of 40 hours of labor per week during the
period December to February, inclusive, and not to exceed 48 hours
of labor during any one week of that period; a maximum average of
88 hours of labor per week for the period of one year.
.. -For officers and employees engaged in a managerial or executive
capacity, receiving less than $35.00 per week, not to exceed a maxi-
mum average of 40 hours per week, averaged over a six months'
period, and not to exceed 48 hours during any one week of that
period.
(b) It is the declared policy of the Industry that, insofar as con-
sistent with sound business practices, the same personnel shall be
kept throughout the year.
(c) The minimum wage rate in the Oil-Burner Industry shall be
not less than 45 cents per hour. For office or employees engaged in a
managerial or executive capacity, the minimum wage shall not be
less than $15.00 per week. This paragraph establishes a guaranteed
minimum rate of pay regardless of whether the employee is com-
pensated on the basis of a time rate or on a piece-work performance,
or otherwise.
(d) In the event that any member of the Oil-Burner Industry shall
also be a member of another industry, such member may, with the
approval of the Administrator, pay such wages and work such
hours, as provided in the approved code governing such other in-
dustry. For purposes of pricing products of the Oil-Burner
Industry, however, not less than the above minimum wage shall be
used as the basis of calculating costs.
S{e) No person under sixteen years of age shall be employed in
the Oil-Burner Industry; provided, however, that where a State law
specifies a higher minimum age, no person below that age so specified
by such law shall be employed in that State.

V. COST PROviSIONS

No member of the Oil-Burner Industry shall sell or exchange any
product of the industry at a price below his own individual cost as
determined by a standard cost accounting system to be set up by the
Code Authority for the Oil-Burner Industry, subject to the approval
and supervision of the Administration. (a) Pursuant to the above
provision, the Code Authority shall endeavor to develop and submit
to the Administrator for approval within 120 days after the effec-
tive date of this Code a uniform system of cost accounting designed
to make possible the accurate determination by each member of the
industry of his own individual cost.
Upon approval by the Administrator of such system of cost ac-
counting, complete advice concerning it shall be distributed by the
Code Authority to all members of the Oil-Burner Industry. There-








after no member of the industry shall sell or exchange any product
of the industry at a price below his own individual cost.
(b) Since it has been the general recognized practice of the Oil-
Burner Industry to sell products on the basis of printed net price
lists or price lists with discount sheets and fixed term of payment
which are distributed to the trade, each member of the Oil-Burner
Industry shall, within five days after the effective date of this Code,
file with the Code Authority of the Oil-Burner Industry a net.price.
list or a price list and discount sheet as the case may be, individually
prepared by him, showing his current prices or prices and discounts
and terms of payment. Revised price lists, with or without discount
sheets, may be filed from time to time thereafter with the Code
Authority by any member of the industry to become effective upon a
date specified by such member of the industry, which date shall be
not less than ten (10) days after the filing of such revised prices at
the office of the Code Authority, and copies thereof, with notice of
the effective date specified, shall be immediately sent to all known
members of the industry, who may file, if they so desire, revisions
of their price lists and/or discount sheets, which, if filed not less
than five days previous to such effective date, shall take effect upon
the date when the revised price list or discount sheet first filed shall
go into effect.
If the Code Authority shall determine that any member of the
industry is not selling its products on the basis of price lists, with
or without discount sheets, with fixed terms of payment and that
a system of selling on net price lists or price list and discount sheets
should be put into effect, then such member of the industry, within
ten (10) days after notice of the decision of the Code Authority
under this paragraph, shall file with the Code Authority net price
lists or price lists with discount sheets, containing fixed terms of
payment; such price lists and/or discount sheets and terms of pay-
ment may be revised in the manner herein above provided. How-
ever, it is provided that the determination of the Code Authority
as aforesaid shall be subject to the approval of the Administration.
(c) No member of the Oil Burner Industry shall sell or exchange
any product of the industry at prices lower or discounts greater or
on more favorable terms of payment than the approved schedule
of such member on file at the office of the Code Authority as above
provided.
(d) It is hereby provided that the operation of the foregoing
provisions in regard to price lists shall at all times be subject to
the approval of the Administrator and, if it be the belief of the
Code Authority or of any member of the industry that any price
list submitted represents sales below the cost of the member sub-
mitting same, the date of effectiveness of such list shall automatically
be delayed an additional ten (10) days in order that an investigation
may be made, by the Code Authority, to determine the propriety of
such objection. If it is found or determined by the Code Authority
that said prior list represents figures below cost, as defined by the
Code Authority and approved by the Administration, such price list:
shall be withdrawn and revised price lists submitted.




SW


5

S' '- VI.1 INDUSTRY REGULATIONS

Fraudulent and deceptive practices, false or misleading adver-
tising, mislabeling, misbranding, or the removal of manufacturers'
labels, is unfair competition.
2. The misappropriation of a competitors' business by inducing
breach of contracts, espionage, piracy of styles or designs, imitation
of trade names, is unfair competition.
Si 'Defamation of competitors or of competitors' products is un-
fairi competition.
4. The sale of oil burners or oil-burning equipment below cost
and/or below published prices filed with the Code Authority, as
herein provided, is unfair competition.
5. The giving of secret rebates, special services, discounts, free dis-
play-units, or advertising allowances in excess of an amount equal.
to that expended by a dealer for local advertising and not. in any
case in excess of $10.00 per burner sold, or the providing for the
absorption of transportation costs, is unfair competition.
6. Commercial bribery in the form of gratuities to salesmen or em-
ployees of distributors or dealers or the offering of rewards or pre-
miums to purchasers of oil burners, or the payment of permit and/or
inspection fees, or the giving away or selling of fuel oil at less than
the prevailing market price in the territory, is unfair competition.
7. The-acceptance of monies from fuel-oil suppliers by oil-burner
distributors, dealers, or manufacturers for fuel oil delivered to users
of the particular make of oil burner, where the oil-burner distributor,
dealer, or manufacturer does not secure the signed contract for the
fuel oil, is unfair competition.
.8. Trade-in allowances for a burner greater than the scrap value
thereof, or in excess of $25.00 for class 1 or 2 burners or in excess of
$1.50 for class 4 (a) burners, is unfair competition.
9. The retail sale of oil burners on time payments extending more
than nine (9) months, which carry financing terms more liberal
and/or charges more liberal than 80 percent of the charges made by
reputable financing institutions, whose principal business is the dis-
counting of installment contracts, is unfair competition.
10.' Rendering service for class 1, 2, or 3 burners beyond the first
year after date of installation for less than $10.00 per year, replace-
ment of parts extra at not less than cost, is unfair competition.
11. It is unfair competition to negotiate or enter into distributor
or dealer contracts and/or franchises which do not include uniform
clauses:
A. Between class 1, 2, or 3 manufacturer and distributer; class 1,
2, or 3 manufacturer and dealer; or between class 1, 2, or 3 distributor
and dealer, providing as follows:
(1) That violation of the Code for the Oil Burner Industry will
make the contract and/or franchise subject to immediate cancellation.
(2) The following standard guarantees:
(a) The manufacturer guarantees all parts of the equipment
shipped under this agreement for one year (and no longer) from
date of installation thereof against defective material or workman-
ship (but not against damage caused by accident, abuse, or faulty
ixstaliatiom) when the equipment is installed in accordance with the


:.:'**** 4.*







manufacturer's specifications, and will repair or replace free of
charge, f.o.b. factory, all such defective parts if returned to the
factory, charges prepaid. The manufacturer's liability for damages
caused by any such defective parts shall be limited to such. repair
or replacement and in no event shall the manufacturer be liable for
indirect or consequential damages.
(b) The dealer agrees to guarantee to all of his customers who pur-
chase oil burners from him, free service, day and night for at least
three (3) heating-service months, and not more than twelve (12)
months from date of installation, and free replacement of parts, due
to defective material or workmanship, for a. period of one year from
date of installation, unless waiver of this provision be secured from
the purchaser in writing at or before the time of sale.
B. Between Class 4 manufacturer and distributor; class 4 manu-
facturer and dealer; or between class 4 distributor and dealer provid-
ing as follows:
(1) That violation of the Code for the Oil Burner Industry will
make the contract and/or franchise subject to immediate cancella-
tion.
(2) The following standard guarantee:
(a) The manufacturer guarantees all parts of the equipment
shipped under this guarantee for one year (and no longer) from
date of installation thereof against defective material or workman-
ship (but not against damage caused by accident, abuse, or faulty
installation) when the equipment is installed in accordance with
the manufacturer's specifications, and will repair or replace free of
charge, f.o.b. factory, all such defective parts if returned to the fac-
tory, charges prepaid. The manufacturer's liability for damage
caused by any such defective parts shall be limited to such repair or
replacement and in no event shall the manufacturer be liable for
indirect or consequential damages.

VII. ADMINISTRATION OF CODE

1. To effectuate further the policy of the Act, a Code Authority
is hereby designated to cooperate with the Administrator as a Plan-
ning and Fair Practice Agency for the Oil Burner Industry. This
Code Authority shall consist of twelve members as follows:
(a) Five members who shall be members of the Executive Com-
mittee of the American Oil Burner Association, Inc.
(b) One member who shall be the Chairman of the Board of
Governors of the Dealer Division of the American Oil Burner
Association.
(c) One member who shall be the President of the Distillate Oil
Burner Manufacturers Association or his nominee.
(d) One member who shall be the President of the Pacific Coast
Oil Burner Association or his nominee.
(e) One member who is not a member of any of the above Asso-
ciations and who shall be selected by the Administrator.
(f) Three nonvoting members who shall be appointed by the
Administrator.
The Code Authority may present to the Administrator recom-
mendations based on the conditions in the industry as they develop








from time-to-time which will tend to effectuate the operation of the
provisions of this Code and the policy of the National Recovery
Act. In addition, it shall have the power to require from time to
time such reports from the industry as in its judgment may be
necessary to advise adequately on the administration and enforce-
ment of the provisions of this Code in cooperation with the Ad-
:ministrator.
: la. In addition to information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem nec-
essary for the purposes recited in Section 3 (a) of the National
Industrial Recovery Act.
2. To provide data necessary for the administration of the National
Industrial Recovery Act, the members of the Oil Burner Industry
shall furnish to the Code Authority such information as it, subject
to the approval of the Administrator, may require from time to time
but through such channels as to eliminate the identification of any
individual company's confidential information.
3. Where the costs of executing contracts entered into in the Oil
Burner Industry prior to the approval of the President of the United
States of this Code are increased by the application of the provisions
of that Act to the industry, it is equitable and promotive of the pur-
poses of the National Industrial Recovery Act that appropriate adjust-
ments of such contracts to reflect such increased costs be arrived at
by arbitral proceeding or otherwise, and the Code Authority of the
Oil Burner Industry is constituted an agency to assist in effecting
such adjustment.
4. This Code is hereby declared subject to the power of the Presi-
dent, pursuant to Section 10 (b) of Title I of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule or regulation, issued under said Title and
specifically, but without limitation, to the right of the President, to
cancel or modify his approval of this Code, or any condition imposed
by him upon his approval thereof.
5. This Code shall be in effect beginning five (5) days after its
approval by the President of the United States.





UNIVERSITY OF FLORIDA




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