NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 30, 1933
REGISTRY No. 1410--03
The Code for the Wheelbarrow 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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GOVERNMENT PRINTING OFFICE
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CODE OF FAIR COMPETITION OF THE WHEELBARROW
ARTICLE I--PURPOSE AND EFFECTIVE DATE
To effectuate the policy of Title I of the National Industrial
Recovery Act the several provisions hereinafter set forth are estab-
lished as a "Code of Fair Competition" for the Wheelbarrow Indus-
try, which Code shall become effective ten days after approval thereof
by the President of the United States.
Definitions of terms used in this Code or Schedules appertaining
"President" means the President of the United States of America.
"Association" means the Wheelbarrow Association of America.
"Executive Committee" means the Executive Committee of the
Wheelbarrow Association of America.
"Secretary" means the Secretary of the Wheelbarrow Association
"Treasurer" means the Treasurer of the Wheelbarrow Association
"Manufacturer" means a Manufacturer of Wheelbarrows.
"Producer" means a Manufacturer of Wheelbarrows.
ARTICLE III-MIEMBERSHIP AND ADMINISTRATION
SECTION 1. Any person, firm or corporation engaged in the business
of manufacturing Wheelbarrows in the United States may become
"a member of the Code" by signing and delivering to the Secretary
a letter of application and assent in the form prescribed in Schedule A
SEC. 2. Rules and regulations in respect of meetings of members of
the Code and voting by members of the Code are set forth in Schedule
B annexed hereto.
SEC. 3. Administration of the Code shall be under the direction of
the Executive Committee of the Wheelbarrow Association of America.
The Executive Committee shall have all the powers conferred on it
by the Code and generally all such other powers and duties as shall be
necessary or proper to enable it fully to administer the Code and to
effectuate its purpose.
SEC. 4. The Association will enroll as a "member of the Associa-
tion" any producer who signs and delivers to the Secretary an appli-
cation for membership and subscribes to the bylaws.
SEC. 5. The Secretary shall act as Secretary under the Code.
Under the direction of the Executive Committee he shall keep all
books (except books of account) and records under the Code and,
except as the Executive Committee shall otherwise provide, shall
collect, file, and collate all statistics and other information required
for the proper administration of the Code.
SEC. 6. The Treasurer shall act as Treasurer under the Code and,
under the direction of the Executive Committee, he shall have custody
of, and have charge of the disposition of all funds collected under the
Code; and he shall keep proper books of account showing the collec-
tion and disposition of such funds.
SEC. 7. The Executive Committee shall have power from time to
time (a) to fix the compensation of the Secretary and the Treasurer
for their services in acting under the Code (b) to appoint and remove,
Sand to fix the compensation of all such other officers and employees
and all such accountants, attorneys, and experts as the Executive
Committee shall deem necessary or proper for the purpose of'
administrating the Code.
SEC. 8. The expenses of Administering the Code shall be borne by
the members of the Code in equal shares. The Executive Committee
may from time to time make such assessments on account of such
expenses against the members of the Code as it shall deem necessary
and such assessments shall be payable as the Executive Committee
shall specify. Failure of any member of the Code to pay the amount
of any assessment against such member for a period of thirty days
after the date on which it becomes payable shall constitute a violation
of the Code.
SEC. 9. The Executive Committee may from time to time appoint
such Committees as it shall deem necessary or proper in order to
effectuate the purpose of the Code, and it may delegate to any such
committee generally or in particular instances such of the powers
and duties of the Executive Committee under the Code as such Com-
mittee shall deem necessary or proper in order to effectuate such
purpose. Any member of any such committee may be a member of
the Executive Committee or an officer or a director of a member of
the Code, or a person not having any official connection with any
member of the Code or with the Association, as the Executive
Committee shall deem proper.
ARTICLE IV-EMPLOYMENT PROVISIONS
SECTION 1. Employees in the Wheelbarrow 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-organizations or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
SEC. 2. No employee in the Wheelbarrow 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.
SEC. 3. Employers of labor in the Wheelbarrow Industry agree to
comply with the maximum hours of labor, minimum rates of pay and
other working conditions approved or prescribed by the President.
SEC. 4. The maximum hours of work and the minimum rates of
pay set forth in Schedule C annexed hereto shall be binding on all
SEC. 5. It is understood that the foregoing Sections 1, 2, and 3 do
not impair in any particular the constitutional rights of the employee
and employer to bargain collectively and individually as may be
mutually satisfactory to them and that nothing in this Code is to
prevent the selection, retention and advancement of employees on
the basis of their individual merits without regard to their affiliations
or nonaffiliations with any labor organization.
ARTICLE V-STATISTICS AND REPORTS
SECTION 1. The Secretary-Manager shall require the members of
the Code from time to time to furnish such information as shall be
necessary for the proper administration of the Code. The Executive
Committee shall not require any information regarding trade secrets
or the names of the customers of any member of the Code.
SEC. 2. Any or all information furnished to the Secretary by any
member of the Code shall be subject to checking for the purpose of
verification by an examination of the books and accounts and records
of such member by any accountant or accountants or other person or
persons designated by the Executive Committee and shall be so
checked for such purpose if the Executive Committee shall require it.
The cost of each such examination shall be treated as an expense of
administering the Code.
SEC. 3. To the extent that any information furnished to the Secre-
tary in accordance with the provisions of the Code is of a confidential
character in the interest of the member of the Code which shall have
furnished it and that the publication thereof is not essential in order
to effectuate the policy of Title 1 of the National Industrial Recovery
Act, such information shall be treated by the Secretary as strictly
confidential; and no publication thereof to anyone or in any manner
shall be made other than in combination with similar information
furnished by other members of the Code, in which case the publica-
tion shall be made only in such manner as will avoid the disclosing
separately of such confidential information.
ARTICLE VI-COST OF PRODUCTION, ADMINISTRATION, AND SALE
The marketing provisions of this Code, Article VIII, prohibits
selling below cost, and also provides for establishment of a standard
price list based on cost. To insure compliance with and enforcement
of such provisions of the Code as are predicated on costs, each producer
shall calculate his unit costs and report to the Secretary from time to
time upon request in substantially the form prescribed in Schedule D
There are some types and sizes of Wheelbarrows, constituting the
major production of the industry, which are produced or may be
produced by different manufacturers, not in identical detail of design
and construction but so similar as to permit of classification and desig-
nation of different manufacturers' equivalents. Other types and sizes
of Wheelbarrows are produced or may be produced by one or more
manufacturers which are not of common type or size and which have
no equivalents in another manufacturer's product.
It is intended to classify the entire product of the Wheelbarrow
Industry. If and when such classification procedure is undertaken,
each manufacturer shall, when requested by the Secretary-Manager,
furnish him the data necessary to permit proper listing of his product
in the general classification schedule.
ARTICLE VIII-MARKETING PROVISIONS
SECTION 1. It shall be an unfair trade practice for any manufacturer
to sell below cost plus a minimum net profit of 10%, except that drop-
ped lines or surplus stocks, sometimes designated as "close-outs",
or inventories which must be converted into cash to meet immediate
needs, may be sold at such prices as are necessary to move the mer-
chandise into buyers' hands. However, all such excepted stocks
must first be reported to the Executive Committee and be disposed of
subject to their approval.
SEC. 2. Wholesale and retail merchants are essential in the econom-
ical distribution of Wheelbarrows. Therefore, manufacturers' prices
to wholesale merchants, retail merchants, and consumers should
maintain differentials sufficient to allow merchants, wholesale and
retail, to obtain reasonable compensation for their service and facil-
ities in the distribution of the product. After consultation with
accredited representatives of different classes of buyers, a uniform
schedule of differentials will be established which when approved by
N.R.A. will become a part of this Code and binding on all producers.
SEC. 3. Each manufacturer shall within ten days after the effective
date of this Code file with the Secretary a list or lists showing prices
and terms of all its products to each of its different classes of buyers,
and from and after the expiration of such ten days, each manufacturer
shall at all times maintain on file with the Secretary a list or lists
showing the prices and terms of all of its products to each of its differ-
ent classes of buyers. Each such list shall state the date upon whish
it shall become effective, which date shall be not less than ten days
after date of filing such list with the Secretary. None of the prices
or terms shown in any list filed shall be changed except by the filing
with the Secretary of a new list, which shall become effective on the
effective date therein specified, which shall not be less than ten days
after the date on which new list shall have been filed with the Sec-
SEC. 4. When price lists are sent to the Secretary to be filed by
him as provided in Section 3 of this Article VIII, a sufficient number
of extra copies shall be supplied to enable the Secretary to furnish
every member of the Code with a copy of every list filed by every other
member of the Code.
SEC. 5. No producer shall sell or offer to sell directly or indirectly,
by any means whatsoever, any product of the industry subject to the
provisions of this Code at a price lower or on more favorable terms and
conditions of sale than those which he has filed with the Secretary in
accordance with the provisions of the Code.
SEc. 6. Invoices shall bear the date on which delivery is made to
the carrier at the point of shipment.
The net due date of any invoice shall be not to exceed thirty days
from date of invoice.
When a cash discount is allowed by the producer, it shall be allowed
only on the net amount of the invoice at F.O.B. point-of-shipment
price. The rate of cash discount shall not exceed 2% and the period
in which it may be deducted shall not exceed ten days from date of
invoice; except, that to purchasers whose requirements necessitate
numerous billings, the cash discount may be made deductible (a)
on the 24th instant from remittances covering all charges of the 1st
to/and the 15th instant and (b) on the 10th proximo from remittances
covering all charges of the 16th to/and the last day of the preceding
So long as questions of taxation remain uncertain, each quotation
shall stipulate, and each contract shall contain an agreement that
any Federal Tax now or hereafter imposed in respect to any trans-
action predicated on said quotation shall be for the account of
the purchaser and if paid, or required to be paid by the seller the
amount shall be charged to the purchaser.
SEC. 7. Producers' sale prices shall be F.O.B. point-of-shipment
with privilege to equalize freight charges with any competitive
manufacturer having a more favorable freight rate to destination.
SEC. 8. No producer shall agree, in writing or otherwise, to furnish
an indefinite quantity of products over an extended period on any
other basis than a quotation to last for the life of the discount sheet or
equivalent net price schedule in effect at the time of quotation.
SEC. 9. From and after the effective date of the Code, none of the
members of the Code shall deliver products on consignment.
SEC. 10. Prices for products delivered from Warehouses or Stores
operated by producers shall be the samd as prices for products F.O.B.
factory, plus transportation cost from factory to Warehouse or Store
and plus cost of operation of Warehouse or Store.
SEC. 11. When and if the classified schedule provided for in Article
VII of this Code shall have been adopted and approved as an amend-
ment to the Code, it is intended to establish a uniform price list based
on costs, said uniform price list to apply to classified products and to
be used by producers as a basis for quoting and pricing on "list and
ARTICLE IX-UNFAIR TRADE PRACTICES
SECTION 1. The following practices are hereby declared to be unfair
methods of competition:
Sales below cost plus 10% net profit.
Payment or allowance of secret rebates, refunds, discounts, or com-
Inducing or attempting to induce breach of contract between a
competitor and his customer.
Publication or circulation by advertisement or otherwise of false
and misleading or deceptive statements concerning a competitor, his
business, or his product.
Violation of any provision of this Code or of any approved rule
Guarantee against price decline.
ARTICLE X-AMENDMENTS AND TERMINATION
SECTION 1. The Code may be amended at any time in the manner
hereinafter provided. The changing of any schedule hereto or the
addition hereto of any new schedule shall constitute an amendment.
Each amendment so proposed shall be submitted to a meeting of the
members of the Code called for such purpose upon notice given in
accordance with the provisions of Section 1, Schedule B, or may be
submitted for mail vote by sending draft of the proposed amendment
by registered mail to the registered address of each member of the Code.
SEC. 2. If 75% of all the votes that might be cast if all the members
of the Code were voting, shall be in favor of the adoption of the pro-
posed amendment, such amendment shall be submitted to the Presi-
dent for approval, and if approved by him shall become a part of this
SEC. 3. This Code or any of its provisions may be modified and
terminated at any time by order of the President or by the same
action by members of the Code as is above provided for the amend-
ment thereof. When so terminated, all obligations and liabilities
under the Code shall cease, except those for unpaid assessments
theretofore made in accordance with the provisions of the Code.
FORM OF LETTER OF ASSENT TO THE CODE
To the Secretary of the Wheelbarrow Association of America, Sidney, Ohio:
DEAR SIR: The undersigned desiring to become a member of the Code of Fair
Competition of the Wheelbarrow Industry, copy of which is annexed hereto,
marked Annex A, hereby assents to all of the provisions of said Code, and, effec-
tive as of the date on which the Code shall have been approved by the President
of the United States as therein provided, or as of the date on which this letter
shall have been delivered, if delivery thereof shall have been made subsequent
to the date on which the Code shall have been approved by the President as
aforesaid, by the signing and delivery of this letter becomes a member of the
Code and effective as aforesaid hereby agrees with every person, firm, associa-
tion, and corporation, who shall then be or thereafter become a member of the
Code, that the Code shall constitute a valid and binding contract between the
undersigned and all such other members.
For all purposes of the Code, the address of the undersigned until it shall file
with the Secretary of the Wheelbarrow Association of America written notice of
change of such address, shall be as set forth at the foot of this letter.
Yours very truly,
RULES AND REGULATIONS IN RESPECT OF MEETINGS AND VOTING
OF MEMBERS OF THE CODE
SECTION 1. A meeting of members of the Code may be called and held at any
time by order of the Executive Committee or by members of the Code having a
right to cast at least 50% of all the votes that might be cast at such meeting,
if all the members of the Code were present threat, on not less than ten days
notice to each of such members stating the time and place of such meeting and
the purpose thereof.
SEC. 2. When voting at a meeting or by mail each member of the Code shall
have one vote. Any person or firm who shall be a member of the Code may
and any association or corporation which shall be a member of the Code shall
vote by proxy in writing duly executed by such member and filed with the
SEC. 3. On any vote by the members of the Code, members having the right
to cast at least 75% of all the votes that might be cast if all the members of the
Code were voting shall constitute a quorum.
MINIMUM RATES OF PAY-MAXIMUM HOURS OF WORK
SECTION 1. For the purpose of establishing minimum rates of pay and maxi-
mum hours of work the United States shall be divided into regions as follows:
Northern region.-North of the northern boundaries of the States of New
Mexico, Texas, Arkansas, Tennessee and North Carolina and east of the eastern
boundaries of Idaho and Utah.
Western region.-West of the western boundaries of the States of Montana,
Wyoming, Colorado, and New Mexico.
Southern region.-South of the "Northern and east of the Western" Regions.
SEC. 2. On and after the effective date of this Code no producer shall employ
any person under the age of sixteen years.
SEC. 3. Minimum rates of pay for any class of employees for said Regions shall
be as follows:
Northern: per hour
Persons under 21 and over 16 years of age------------------------ 30
Persons 21 years of age and over -- ---------------- ------------ 35
Persons under 21 and over 16 years of age ------------------------ 30
Persons 21 years of age and over----.-----------------.--------- 35
Persons under 21 and over 16 years of age------------------------ 25
Persons 21 years of age and over_ ------------------------------- 30
SEC. 4. The maximum hours of work per person in the Industry shall be an
average of forty (40) hours per week during each six months, period beginning
with the effective date of this Code, provided that no employee shall be employed
for more than forty-eight (48) hours in any one week.
The foregoing provision regarding hours of work shall not apply to employees
in executive, administrative, sales, technical, health, shipping, emergency main-
tenance and repair, power, heat, light, janitor and watchmen departments, nor
to those holding clerical and supervisory positions in production departments.
UNIVERSITY OF FLORIDA
11 111111 IIE I IIII 11 IIIIII I W1111 I lII I IIIUl lI
3 1262 08584 3596
COST INFORMATION AS OF ...--- ---
Type of Wheelbarrow--.-------... -----------..---------.---------------
Catalog Name and/or Number_--------------------------------------
Material cost_ _____------------------------------_-------___ $
Direct Labor Cost -----.------------------------------_--- $_----._
Factory Overhead Cost.------------_----- --------------. $_--
Total Factory Cost ------------------------------- $ ------_--
Administration and Sales Cost_ -----------------------------. $- .--__
Total Cost_ ----------------.---------. ------------- $_ --------
Name of Manufacturer -----------------------------
Submitted by ------------------------ ---...
NoTE.-Include in "Material Cost" the purchase cost of any fabricated
component parts purchased.