IONAL RECOVERY ADMINISTRATION
POSED CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 31, 1933
UNIV. OF FL LBLIB.
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The Code for the Incubator Manufacturing Industry
i: .n 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
i,.:." UNITED STATES
GOVERNMENT PRINTING OFFICE
iN ,. WASHINGTON: 1933
ifat .tihe Siperintendent of Documents, Washington, D.C. Price 5 center
INCUBATOR MANUFACTURERS' ASSOCIATION
CODE OF FAIR COMPETITION FOR THE INCUBATOR
MANUFACTURERS ASSOCIATION, NATIONAL COUNCIL
LIVESTOCK EQUIPMENT ASSOCIATIONS
AS RECOMMENDED BY EXECUTIVE COMMITTEE
The Incubator Manufacturers Association, a national trade asso-
ciation for this industry, representing in its membership more than
seventy-five percent of the production of Incubator Equipment in
the United States, by action taken at a meeting in the City of Chi-
cago on the 14th day of July 1933, does hereby subscribe to the
policy, provisions, rules, and regulations of the National Industrial
The Incubator Manufacturers Association, by a unanimous vote
at this meeting, decided to come under the provisions of this act
which permit the voluntary adoption of a Code of Fair Competition
and Practices and authorized the creation of an Executive Committee
to draft a Code which is to be presented to the Government for
For centuries eggs have been hatched by artificial methods, but
only within recent years has this practice passed from the realm of
an art to that of a science. Because of these scientific developments
within the past ten years, this industry has grown to one of major
proportions in the field of Agriculture, has marketed more than
fifty millions of dollars' worth of incubating equipment, maintained
a wage scale above the average, and give employment to thousands
of people in a new and productive field.
The Incubator Manufacturers Association is an organization rep-
resenting more than seventy-five percent of the industry, with which
all manufacturers of incubator equipment are invited to affiliate, for
the purpose of functioning as the organized voice of the industry.
Said Association prays for recognition by the Federal Administra-
tor of the National Industrial Recovery Act, in order that it may act
as quickly as practical to restore normal and fair rates of wages to
reemploy the normal number of employees, and to restore prices to
proper levels, fair alike to the public and the industry, thereby
avoiding the further depletion of the capital assets and making pos-
sible the operation of business on a basis of profit.
The officers of the Incubator Manufacturers Association are as
follows: President, B. A. Mayer, Bundy Incubator Co., Springfield,
Ohio; Vice-President, W. D. James, James Manufacturing Co., Fort
Atkinson, Wis.; Secretary-Treasurer, J. I. Taggart, Smith Incubator
Co., Cleveland, Ohio; Executive Secretary, H. L. Ashworth, 125 E.
Wells Street, Milwaukee, Wisconsin.
The Executive Committee is as follows: B. A. Mayer, Bundy
Incubator Company, Springfield, Ohio; W. D. James, James Manu-
facturing Company, Fort Atkinson, Wisconsin; J. I. Taggart, Smith
Incubator Company, Cleveland, Ohio; J. L. Robbins, Robbins In-
cubator Company, Denver, Colorado; J. W. Myers, Reliable Incu-
bator & Brooder Company, Quincy, Illinois.
MEMBERSHIP OF ASSOCIATION
The membership of the Incubator Manufacturers Association rep-
resents more than seventy-five percent of the production of
Incubator Equipment in the United States.
1. Membership in the Incubator Manufacturers Association is and
shall be open to any person, firm, or corporation engaged in the
manufacture and sale of incubator equipment for hatching of eggs.
Such a member shall be described for the purpose of this Code as
2. A Manufacturer is defined as a person, firm, or corporation
maintaining a plant, properly equipped for service to the public,
with office kept open during business hours, with factory facilities,
and a sales service.
1. Membership in the Incubator Manufacturers Association shall
not be compulsory, but each and every manufacturer, member or
nonmember of this Association, shall be bound by the provisions
of this Code, and compelled to adhere thereto under such penalties
as may be prescribed.
2. The provisions of this Code shall not be interpreted so as to
eliminate or oppress small enterprises or to discriminate against
them or to set up a monopoly.
The Executive Committee of this Association shall select and em-
ploy an administrative agency to be known as the Executive
The administration officer of this Code shall be the Executive
Secretary of the Incubator Manufacturers Association. He shall
be required to submit and to explain the provisions, purposes, and
aims of the Code to all producers of Incubator Equipment, including
members and nonmembers of the Incubator Manufacturers Asso-
cdiittion. : t
*^Any producer of Incubator equipment injured by the violation
of this Code shall file with the Executive Secretary a written com-
plaint setting forth the facts in the matter and requesting such relief
as may be just.
The Executive Secretary of the Incubator Manufacturers Associa-
tion is authorized and directed to enforce vigorously, equitably, and
without exception a system of discipline for violators of this Code
or any of its rules, regulations, or provisions.
Any member of the Incubator Manufacturers Association or any
pitdueer of incubator equipment who is not a member of the asso-
ciation shall have the right to appeal from the ruling or decision
of 'the Executive Secretary and such appeal shall be heard by a
representative Arbitration Committee of at least three persons, such
committee to be appointed by the Executive Committee of the Incu-
bator Manufacturers Association fro mthe organizations of different
members of the industry. Under this provision a separate Arbitra-
tion Committee shall be named to handle each appeal and the mem-
bership of such committee shall be truly representative for the pur-
pose of insuring the parties a fair hearing, but shall not include any
fitkibers of the industry connected' with or in any way involved in
the dispute in question.
'' The decision of such Arbitration Committees may be appealed by
either party to the association as a whole and the decision of the
association by a two thirds vote shall be final and binding. If such
association decision is not accepted and complied with by the com-
plainant or defendant the case shall be turned over to the Executive
Committee of the industry for submission to the Administrator of the
National Industrial Recovery Act.
STATISTICS AND REPORTS
The Executive Secretary shall have the power and authority to
require from each manufacturer of Incubator Equipment from time
to time such wage and labor reports, information, and records as
shall be necessary to the adequate administration and enforcement
of the provisions of this Code.
SThe Executive Secretary shall have the right at all time to examine
all records of every producer of Incubator Equipment whenever
such inspection is necessary for the adequate administration and en-
forcement of the provisions of this Code. It is definitely agreed
than any such information obtained by such inspection shall be of
a strictly confidential nature, except insofar as disclosure of the facts
so obtained may be necessary to the just administration of the Code.
Participation in this Code, and any subsequent revision of or
addition to the Code, shall be extended to any person, partnership,
or corporation in the incubator industry who accepts his share of
the cost and responsibility, as well as the benefit, of such participa-
tion by becoming a member of the Incubator Manufacturers
No initiation or entrance fee shall be charged for membership in
the Incubator Manufacturers Association, but there shall be levied
against all members of the association the annual dues in the amount
of $25.00. Additional dues needed to finance the activities of the
association in carrying out and enforcing the Code of the industry
shall be levied against each member in proportion to the volume of
its sales of the items covered by this Code.
ARTICLE V-RECOGNIZED MANUFACTURERS
Conforming to Title I, Section 4, of the National Industrial
Recovery Act, the Executive Secretary shall at all times maintain an
up-to-date and complete list of manufacturers of incubator equip-
ment (see Article I, Section 2, of this Code) which shall be available
to any interested parties.
RIGHTS OF WORKERS
(a) Employees in the Poultry Equipment industry shall have the
right to organize and bargain collectively through representatives
of their own choosing, and shall be free from the interference, re-
straint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organizations, or in
other concerted activities for the purpose of collective bargaining,
or other mutual aid or protection, as provided for in Section 7 of the
National Industrial Recovery Act.
(b) No employee in the Poultry Equipment industry, and no one
seeking employment therein, shall be required as a condition of em-
ployment to join any company union, or to refrain from joining a
labor organization of his own choosing, as provided for in section 7
of the National Industrial Recovery Act.
(c) Employers of labor in the Poultry Equipment industry agree
to comply with the maximum hours of labor, minimum rates of pay,
and other working conditions approved or prescribed by the
(d) It is clearly understood that the foregoing paragraph does not
impair in any particular the constitutional rights of the employee
and employer to bargain individually or collectively as may be
mutually satisfactory to them; nor does it impair the joint right
of employer and employee to operate an open shop.
(e) Nothing in this Code is to prevent the selection, retention, and
advancement of employees on the basis of their individual merit,
without regard to their affiliation or nonaffiliation with any labor
(f) It is expressly stipulated that neither any provision of this
Code nor the fact or manner of its preparation, presentation, adop-
tion, or filing shall be construed as constituting a waiver of any con-
stitutional right which the several members of the Poultry Equip-
ment Association or industry might otherwise have and enjoy. Any
such provision which may limit or abrogate any constitutional right
is inserted under the unavoidable requirements of the National In-
dustrial Recovery Act as the same is understood by said members
and not voluntarily nor with their approval as a contractual relin-
quishment of such right.
HOURS AND WAGES
The minimum wages which shall be paid to male employees shall
be 400 per hour, and to female employees 30t per hour, except that
apprentices and learners may be paid not less than 75% of the
above minimum. The total of such exceptions shall not be more
than 5% of the total pay roll; however, any employer in this industry
located in a section of the country where a lower minimum wage
rate has been prescribed and accepted by the President of the United
States in the code of another industry for employees in the same
crafts or classifications of labor employed in this industry shall have
the' right to employ such crafts or classifications of labor at such
Employees covered hereby (excluding executives; supervisory
staffs and their assistants, traveling salesmen, collectors and commis-
sion agents, and all employees engaged in the preparation, care, and
maintenance of office, plants, machinery and facilities, efficiency
research, and designing engineers; planning, stock-keeping, order,
service, and shipping; outside supervisory service and erecting serv-
ice)-shall work not more than 48 hours in any one week and not
more than 40 hours per week average, excepting regular employment
reasonably in excess of such standards for not more than 10% of the
employees in any operation where required by the nature of their
work, and further excepting temporary employment in case of
It is further understood that each manufacturer shall have the
privilege of exempting from the provisions of this section a certain
number of so-called pensioner employees; i.e., employees who by
reason of age or physical disability are not capable of performing
the work of an able-bodied man but whom it is desired to retain
because of their long connection with the business. Such employees
shall be reported separately in the making of necessary current labor
reports to the Administrator.
We further agree that, with the approval of the President, the
above rates may be revised from time to time in such manner as will
currently reflect an equitable adjustment to variations in cost of
We further agree not to employ any minor under the age of
ARTICLE VIII-SELLING PRICES
1. It shall be unfair competition for any producer of Incubator
equipment to sell his merchandise below his own cost, plus a reason-
2. The cost of merchandise, as mentioned in the preceding para-
graph, shall include not only all direct material and normal direct
labor costs entering into the article in question but also a propor-
tionate share of all normal indirect costs of the productive process,
such as management, maintenance, operating, and other overhead
expenses of both factory and shipping departments plus a propolh
tionate share of the normal administrative, research, advertising.
and selling expense of the business.
3. The term "Merchandise" as used in this Code shall constitute
any and all incubator equipment made in whole or in part by the
manufacturer, except obsolete models or used equipment which can
only be priced on a basis of age and state of repair.
ARTICLE IX-SALES PRACTICES
1. Breach of Sales Contract.-The wilful interference by any man-
ufacturer by any means whatsoever with any existing sales contract
between another manufacturer and his customer which has the effect
of attracting business away from the manufacturer interferred with
is hereby declared to be an unfair trade practice.
2. Unfair Trade Practice.-(a) The solicitation of the services of
salesmen or other employees of other members of the industry with-
out notice to the employers involved is condemned.
(b) The defamation of a competitor by words or acts which call
in question his business integrity, his ability to perform his con-
tract, his credit standing, or the grade, quality, or reliability of his
goods is condemned as unfair trade practice.
(c) The Industry hereby records its approval of the practice of
handling disputes in a fair and reasonable manner coupled with
spirit of moderation and good will, and every effort should be made
by the disputants themselves to arrive at an agreement. Arbitration
is suggested as preferable to litigation.
ARTICLE X-PRODUCTION CONTROL
We agree that, because existing productive capacity far exceeds
the normal demand, for a period of twelve (12) months from the
effective date of this Code, not to increase our productive capacity
except insofar as it might be normally increased through the substi-
tution of new and improved equipment for existing equipment or
through more efficient methods of manufacture, or it becomes.neces-
sary for a present manufacturer to provide his own production facili-
ties to produce incubators or incubator equipment now being manu-
factured for him by other parties.
In view of the foregoing agreement we specifically ask that the
Administrator establish a rule which will make it necessary for any
concern desiring to undertake the manufacture of incubator equip-
ment to show a necessity for such increase in productive capacity or
that the product he intends to manufacture will better serve the
public interest than such products as are now available.
1. Amendments to this Code may be proposed to the Executive
Secretary by any member or members of the Incubator Manufac-
turers Association, or may be initiated by the Executive Committee
and may be adopted by the affirmative vote of a two-thirds majority
of the members of the association, and when approved by the Presi-
dent of the United States shall be effective. Any amendments pro-
posed shall be submitted in writing to all members of association not
less than two weeks before coming before the association for action.
2. This Code or any of its provisions shall 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 under
Section 10 (b) of.the National Industrial Recovery Act, in cancella-
tion or modification of any order, approval, license, rule, or regu-
lation pertaining thereto.
This Code shall become effective ten days after it is approved by the
President of the United States.
Respectfully submitted for the Incubator Manufacturing Industry
by Executive Committee:
Dated at ,
the day of, 1933.
UNIVERSITY OF FLORIDA
3 1262 08584 7787
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