Code of fair competition for the gas cock industry as approved on October 31, 1933 by President Roosevelt


Material Information

Code of fair competition for the gas cock industry as approved on October 31, 1933 by President Roosevelt
Portion of title:
Gas cock industry
Physical Description:
v, 8 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Gas appliances -- Vents -- United States   ( lcsh )
Relief valves   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1335-05."
General Note:

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931473
oclc - 646185259
System ID:

Full Text

For esle by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Registry No. 1335--05







U.5 DEPC~-T:O zeCUt ve Order
eu T*t Transmittal
3. Code


This publication is for sale by the Superintendent of Documents, Government
Printing O~fice, Wash~ingto-n, D.C., and by the district offices of the .Bureau of
Foreign and Domestic Commeree.

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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 Comnpetition for the Gas Cockz Industry, and hearings hav-
inrg 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 Atdm~inistrator having found that the said Code of Fair
Competition complies in all respects with the pertinent provisions
of Title I of said Act and that the requirements of clauses (1) and
(2) of subsection. (a) of Section. 3 of the said Alct have been, met:
NOW, THEREFORE, I, Firanklin D. Roosevelt, President of the
United States, pursuanlt to the authority vested in me by Title I of
the National Industrial Recoveryr Act, approved Junle 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said Code of
F'air Crompetition be and is hereby approved.
October 31, _1933.
Approval recommended :
Arldmn i istl~raor.


OcTOBER 21, 1988.
The White House.
SIR: This is a report of the hearing on, the Code of Fair Compe-
tition for the Gas Cock~ Industry of the United States, conducted
in Washington on September 18, 1933, ini accordance with the pro-
visions of the National Industrial Recovery Act.

The maximumn of eight hours per' day and forty hours per wF~eek
covering factory employees in this industry, is wnarrannted as it :repre-
sents a reduction. from. a weekrly schedule of fifty hours.
Executives, technical and supervising employees (not including
working foremen) recei-ving more than $35.00C per week, and outside
salesmlen are exceptedl from the m~aximnum hour provisions.
Employees when engaged in emergency repair or maintenance are
also not limited, but time andl one half shall be paid for all over
regular scheduled hours.
A tolerance of ten percent over the forty-hour week is permitted
'for truck drivers and forty-eight hours is the masionlun for watch-
No person under sixzteen years of age shall be employedi and no
person under eigahteen years of age on any work ofa hazardous
The minimum. rate of forty cents per hour is established writhi a
minimum rate of thirty-three cents for light repetition wolrk. This
light workr involves comparatively little skill and is per~formned by
youths in most factories with a few female employees in others.
Minimum rnlt es on piece work are guaranteed, and no d ist inet ion
in rates shall be made b~etwee~tn male and female labor on the same
clas~s of w-Cork. Wage dlifferellntial above thre minimum shall be? ad-
justed and in no case dtecrea~sedl.
Superannuat~ed or maime~d emp~loye s andll learn~ers shall receive
at least eighty percent of the minimum wage: but any emp~loyer is
limited to not more than five percent of the total nulmber of his
employees at lowecr than the minimum rate.
Clerical anld other employees shall rcecive a mlinimum of $15.00
per week, except that office boys and girls moay be employed at not
les thanr eihlt~y prc~cnt of such minimum.


The industry, thl'~lroug the r~eduction in wi\eekly hours, is increasing
its work,~inglf force thir~ty-one per''cnt, at lzasit 150 addl~itionaol eml-
ploy!ees. While thle industry is compa~r~ativ ely smlnl), it is important
through its close connection with thne gals-stov7e antd gas-refrigerantor

m market, which it serves. Pay rolls, through reemployme~nt and re-
adjustment of salaries, will be increased approximately forty
This industry has suffered s~everely from the depression, and in
making its contribution through shortened bou~rs and higher wagets is
carrying out the spirit of the Act.

(a) The Code as recomlmendled complies in all respects with the
pertinent provisions of Title I of the AIct, including, without limi-
tation, subsection (a) of Section 7 and subsection (b) of Sectionl 10
thereof ; and thnat
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Gas Cock Indtustry.
(c) The Code as recommended is not designated to promote
monopolies or to eliminate or oppress small enterprises and w1ill not
operate to discriminate against them, and will tend to effectuate the
policy of Title I of the N;ational Industrial Recovery Act.
It is recommended, thlerefore, that this Code be approved.

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To effectuate the purposes of TIitle I of the N~ational Industrial
Recovery Act, the followino- p revisions are establishled as a, Code of
Fair Comnpetition for the ~a~s Cockr Industry, and upon approval
by the President shall be the standard of Fair Competition for this
Ind ust ry.T

The purpose of this Code is to-
(ba) Effectuate the policy of the Aict;.iin ogtudrtepl
icy of the Act;
(c) eliminate unf air com et it ion; and
(d) stabilize trading conditions inl the Prodlucer's masrket.
SECTIOS 1. The term "C Gas Cock as herein used means all cockls
and shut-offs made and sold for use on gas ranges, gas wvater heaters,
gas space h~eaters. gas fu~rnnees, gas conversion burners, gas inc~in-
erators, gas refrigerators, and/or any apparatus or appliance using
natural gas, liquefied petroleum gases, and/or manufactured gas as
primary or secondanry fuel.
(b) The ter~m "Producer "' as herein used- means evsery person, cor-
portation, partnership, or other legal entity promoting or actively
engaged in the manufacturer for sale of the products of the Gas Cock
Industry as herein defined-.
(c) The term learner as he~rein used mneanls a person having no
previous expe~rience in the manufacture of Gas Cocks or parts thereof
and whose period of emplloyvment as such shall n-ot exceed sixr (6)
(d) The term "AXssocintion '" as herein used means the~ Association
of Gas Cock MIanufacturer~s, D~etroit.. Mlichi~gan.
(e) The term "( Governing Commnittee as herein used m~eans the
goverrning body as elected under Article VT, Se~ction 1, of the corntitu-
tiont of the Ascsociation.
(f) The term employee as herein used meanns any person en-
gaged in any phase of the Industry in any capacity in the nature of
employee, irrespectiv-e of the mlethlod of payment of his compensation.
(g) The term "( employer as herein used means any p~roducer as
defined in A~rticle I[I (b).
(h) The term "L Afembler of the Code as herein used means any
member of the Industry who shall expressly signify assent to this
(i) The ter~m "L Member of thle Industry as herein usedl means any:
producer as defined in Article II (b).

(j) The term "LAct as herein used mrens the NI~ational Industrial
Re~overy Act.
(k) The term President as herein used means the President
of the U~nited States.
(1) The term "Administrator as herein. used means the Admninis-
trator of the National Industrial Recovery Admlinistraltion.
(m) The term "Administratijon as herein used means the Na-
tional Industrial Recovery Administration.
SEc. 2. The term effective date "' as herein used means the tenth
(10thi) day after this Code shall have ben. approved by the Presi-
dent of the Unitetd States.


SECTION 1. Employees shall have the right to organize and bargain
collectiv-ely through~ representatives of their own choosing, and shall
be free from the interference, restraint, or coe~c~ion of employers of
labor, or their agents, in the designation of such reprlesenta~tives or
in self-organization or in other concerted activities for the purpose
of collective bargaining and other mutual aid or protection.:
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizinlg, or assistinga a Labor Organization
of his own choosing; and
(c) Employers shall comply with the m~axim~um hours of labor,
minimum rates of pay, and other conditions of employmeltnt approved
or prescribed b~y the President.

SECTIONr 1. No factory employee shall be employed in the Gas Cock
Industry in excess of 40 hours in any one weekt~l, or more than 8 hours
in anly one day, except as follows:
(a) Executive, ma~nagerial,, technical, and supervisory employees
(Inot including w~orkling foremen) receiving more thanl Thirty-five
Dollars ($35.00) per w-eek, and outside salesmen.
(b) In order to manintalin emplloy~ment and production the schedule
of hours inl Article IV, Section. 1, cshll not apply to employees onl
emergency malintenaln ce and ~emtr~gency repanir work, but in any such
case, time and one half shall be paid for hours worked in excess of 8
hours in any one day or 40 hours in any one week~.
SEC. 2. No clerical or other employee shall be employed for more
than 40 hours per wcPeek, exsceplt as follows:
(a) For truck; drivers and shipping emp~loyees there shall be a
tolerance, of 10 p~ercent~ addlitional hours over tuhe 40 hours per week
specified in A1~rticle IVT, Section 2.
(b) Wantch~men whose hours shall nlot exceed 48 hours in. an one
SEO. 3. On1 an~d after the effecctive date of this Code no employer
shall empl-,oy any perrson ulnder 16 years o~f age; provided, however,
that where a, State lawJ provridels a higher minimum age, no person
below the age specified by such State. law shall be employed within
th~at State.

Sw.r 4. Nor npron u~ndrt 18 years of 7age shall be engagedl in any
work of a hazardouls or dl~angerous nature.
SEC. 5. TheC mnximum hours hereinabove providled mark the total
number of hours during whi ch nemlye a b mpoe
whether by one or m~ore Poues

SECTION 1. The mnilniuml wnge' rates applying in the Gras Cock
Industry shall be 40 cents per hour, except as follows:
(a) On light repetitive w-ork~ the rate shall be not le~ss than 33
cents per hour; provided, however, that where a State law provides
a higher mlinimumll wa~ge, nro person employed within that State shall
be paid a wngre below that required byT such State law.
SEc. 2. Where employees' earnings on piece-work rates are under
the minimum~n wage required by this Article V, Section 1, of this Code
such rate shall be so adjusted as to conform wtith~thle aforesaidT mini-
mum wage and no distinction in rate shall be made betweenl male and.
female employees where the same class of work is performed.
S~c. 3. The wecage dliffere~rntials for all operations shall be equlItably
adjusted (unless such readljustmnent has been made since July 1st,
1933) and in no case shall they be lec~reased. Each member of the
Industry shall report all such readjustments m~ade since M~ay 1st,
1933, to the Code. Authority within, thirty (30) days fromn the e~ffee--
ti~ve date of this Code.
SEC. 4. The R11milllum wage that shall be paid by any Producer
to Superannuated and/or maimed employees and learner~s shall not
be less than 80 percent of such minimlum wa~ges stipurlatedl in Article
VT, Section 1, but the total number of such employees shaUl not ex-
ceed in any calendar month five (5) percent of the average number
of employees of such Producer.
SEC. 5. Clerical emnployees shall be paid not less than $15.00 per
w~eek; except office. boys and girls who shall be paid not less than 80
percent of this miiximum rate and whose numb-er shall not exceedr 5
percent. of the number of emplloyees covered by Ar~ticle V, Section 5.
SEC. 6. NO person who hras workledl as a learner for one Producer
for the period of time prescribed ulnder the~ term learner in
Article, II mlay thereafter be classified as a learner.
SEC. r. NJo employee shall be classified in any one of the excepted
classes herein defined in A~rtile I1V and Article VT, unless he per-
forms functions identical with. those per~formled by emp~loyees thus
classified on June 16th, 1933.
SEc. 8. Each Producer shall post on his regular bullet in board or
boards copies of Articles IVr and Vr of this Code.

SECTION 1. The Association, in cooperation w~ith the testing lab-
oratories of the Aimerican Gas Association, mayT prepare standa-rd
specifications for the respective types. sizes and we~ights of gasr cocks.
WVhen such standard spec~ifications have been prepay red and pulblished
to the Industry, no producer shall knowingly sell any ga oIIck a~ds
an .G.. aprov-ed ga~s cock unless such, gas cock confrswh
such stands hG ard specifications.


SECTION 1. (a) Each Producer shall file with the Governing Com-
mittee, five (5) days after the effective date of this Code, the current
prices of his products effective at that time.
(b) Thereafte~r revised prices which. may be made effective from
time to time by the Producer shall likewise be filed with the Gov-
ermngr Committee and shall become effective five (5) days after such
SEC. 2. The Governing Committee may at any time call upon any
Producer for terms and prices and/or any quotations, contract, or
other transaction.
SEC. 3. NO PrOducer shall sell or offer to ~sell, directly or indirectly,
by any means whatsoever, any products of the Gas Cock Industry at
a price lower or on more favorable terms and/or conditions of sale
thnan those which he has filed with the Governing Committee.
SEC. 4. Each Producer shall have the privilege o~f selecting his
own customer, but he shall not discriminate in his prices between
selected customers of the same class.
SEc. 5. In event that the Governling Committee finds that any filed
price would cause instability in. the market, the Governling Com~-
mittee may require the Producer filing such. price to establish thnat
such price does not involve a net return to such Producer less than
his cost, determined pursuant to Article X3VI of this Code, or to file
a revised price. Until such filed price is held violative of Atlrticle
XVLTI it ma~y remain in effect.


SECTION 1. Eachn quotation shall define terms and conditions of
SEC. 2. 1Each quotation. shall be a firm proposal subject to re-vision
only to correct errors; or, when permissible under conditions specified
therein, to adjust or reflect changes in prices.
SEC. 3. NO Producer shall quote a total price on any list or schedule
of products of this Industry which does not show, or which, is lower
than the sum of the regular unit prices of the articles comprising
t~he list or schedule.
SEC. 4. NO Producer shall revise a quotation for the purpose of
"'matching or underquoting prices quoted by a competitor.
SEC. 5. No Producer shall give advance notice to the Trade of
his intention to change his prices.
SECIOrm N 1. Clredrit. privilegesc shall be restricted to those P~ur-
chasers whose moral and financ~ial integrity may be reasonably wFiell
est abl i shed The purpose of this rule is to make it incumllben tl pon
each Producer to ercscise due diligence and sound jmugmentc l in. an
earnest effort to avoid action retlating to the grantingr of credit
privileges w\hichl might introduce instability into the market.
rSEC. 2. Each. Producer shall, at thne Irequest of the Governing
Committee, fur~nish the Association the namecs of all customers whose

accounts are past due under the terms set for~th in this Code; the
purpose of this rule being to prevent, a purc~haser from over-
extendingi his credit with, two or more prodtucers. Th~e o~perations
of thlis Article shall at all times be subject to the approval of t~he
Admiin istrator.

SECTIO)N 1. ID~VOices Shall bear the datetc on which deliv-eryg is made
to the carrier at the point of shiipmnent. Post dating of invoices is
forbiddtren .
SEC. 2. The net due date in all instances shall nrot be later than
the, last day of the month next following the date of the invo~ice.
SEC. 3. E7Vlen & caSh discount is allowred by a Producer, the rats
shall not exceed twco percent. (2cf~o) and thte period in which it m~ay
be deducted shall not exceed tenr (10) days from the date of invoices;
except, how-ever, that, to pur~chasers whose requirements ne~essitat~e
numerous billingrs during the current mocnth, it may be deductible
as follows :
(a) on the 25th instant from :remittance covering all charges from
the 1st to/and 15th instant and
(b) on the 10th p~roximo from remittance covering all charges
from the 16th to/an~d the last day of the preceding montth.
SEc.- 4. In no instance shall. a cash discount be allow~ed on trans-
actions financedl through the m~ediuma of a trade acceptance or a
SEC. 5. The agreement to accept in ad-vanet, Bonds or other Securi-
ties involved in the financing of a project in part or in whole pay-
ment for the products of the Gas CockI Inldustry is forbidden.
SEc. 6. Each quotation shall stipulate, and each contract, shall con-
tain, an agreement that any State and/or Fedleral Tax now or here-
inafter imposed upon anyv producer in respect to any tlransac(t~ion
predicated on such qluotation or c~ontraet, or on the production, treat-
menit, m7a nuIfa ct ure, sale, delivery, t rnIansport at i on, or prcweeds of the
products spec~ifiedt, shall be for the acc~ounlt of thne purchanser and if
paid, or required to be paid by the seller, the amount shall be charged
to the purchaser.

SECTION 1. All domestic shipments shall be F.O.B. point of ship-
ment, except that freighlt mybe.T anllowe~d on shipmeltnts of 125 lbs.
or over, but such allowance not to exceedl $1.00 per hundred~.weight,
nor more than the actual cost of such freight.
SEc. 2. The Producer shall provide that he shall not b~e responsible
for delays due to causes beyond his control; nor for delays caused
by changes in specifications.

SECTION 1. No Producer shall agree in writing, or o~therwIise, to
furnish any indetermina~te quantity of products of thie Ga~s Cock
Indust ry, or any quantity~ of products of the Industry at an inde-
terminatee price.

SEC. S. NO Producer sh~all agree in writing or otherwise to furnish
a specified quantity of the products of the Gas Cock I~ndustry for a
period exceeding ninety (90) days from date of quotation, agreement,
or contract.

No consigned stockr of the products of the Gas Cock Industry shall
be permitted by any Plroducer.

SECTION 1. N~o products of the Ga~s Cock Industry shall be sold
below cost, except surplus stocks, inv~entories, or obsolete goods that
must be converted into cash to meet immediate needs, which may be
sold at such prices as are necessary to move suchr stock into pur-
chase~r's hands; provided, however, that all such, surplus stocks, in-
ventories, or obsolete goods are ~first reported to the Governing Comn-
mittee and are moved under such. regulations as the Governring
Committee may prescribe.
If the Governing Committee should refuse to permit the sale of
such surplus stocks or inventories or obsolete goods below the Pro-
ducers' cost, or shall prescribe regulations which the Producer
contends are unreasonable, the Producer may appeal to the


SECTION 1~. TChere shall be no inducing or attempting to induce the
breach of contract between a competitor and his customer.
SIEC. 2. There shall be no disparaging statements made respecting
another Producer's business methods, practices, or products.
SEc. 3. There shall be no publication or circulation, by advertise-
ment or otherwise, of any false, misleading, or deceptive statement
concerning the grade, quality, character, or origin of the products
of a, competitor; or misbranding for the purpose of misleading pur-
chasers or prospective purchasers.
SEC. 4. Tuere shall be no extension of service, special or otherwise,
without a reasonable charge to promote, assist, or influence the
demand or acceptance of products of the Gas Cock: Industry.

AnaCLEr X~VI[-CosTs

SECTION 1. The Association shall have, or cause to be set up a
uniform method of cost finding, subject to the approval of the Aid-
minist rator, to be followed by all Producers in arriving at unit costs.
SEC. 2. In Submnitting costs to the Governing Committee the method
designated in. Section 1 of this Article XVI shall be xc~lu~sively used.

SECTION 1. The Governing Comimittee of` the Asso~ciation is hereby
designated the ~agency to cooperate with the Administratorr in super-
vision ov'er and mn the administration of this Code, provided no in-

equitable restrictions upon membership are imposed. Th Adminis-
trator, in his discretion, may appoint not more than three additional
members (without vote) to repressent the Adlministrator on, th~e
Governing Comlmittee.
SCEc. 2. The Governing Committee m~ay appoint, as agents such. per-
son or persons as it may select to adlminister this Code andr/or rep-
resent the Gas Cock Indulstry in dealing with th~e, Administrator.
SEC. 3. Upon its ow~Pn initiative or ulponl complaint of a Producer
the Governing Committee shall investigate complaints and take
such action as it m~ay deem necessaryV or expedient within the
provisions of the Aict.
rSEC. 4. TO assist in the administering of this Code, each producer
shall mrake available anyg and rall relevant information, evidence or
proof to the Governing ~Committee upon request of said Governing
Committee, subject to tohe approval of the Acdministrator.
S~EC. 5. In the event that th~e G~overning Committee, after a fair
and impartial hearing of all interested~ parties, shall d-etermine that
legal proceedings should be instituted or that a formal report should
be forwarded to the A~dmilnistrator, it shall take such. actio~n.
SEC. 6. 1118 GOVOTringa COmmnittee shall collect from members of
Industry all data and statistics required by thzis Code or by the
President or the Amirinist ra tor or his or their agent or agents. Such
information shall be co~nfidlential except insolfar as dlisclosulre may be
necessary for the effective administration of this Code.
SEC. "j. In addition to information required to be submittedl to
the Governing Commlittee there. shall be furnished to Governmlent
agencies such statistical information as thie Ad-ministrator may deem
necessary for the purpose recited in Section 3 (a) of the X~ational
Indust rial Recovery Act.

SECTION 1. Miemlbers of the Industry shall be e~ntitled- to partici-
pate in and share the b~ene~fits of the activities of the Groverlning
Committee and to participate in the selection of the members thlereof
by assenting to and compllyingf with the requirements of this Code
and sustaining their reasonable share of the expecnses of its admin-
istration. The reaso~nablec share of the exspensies of administration
shall be determined by the Groverning Comminitte e, subject to revBiew
by the Aidministrator, on the basis of volume of business and/or
suich other factors as m~ay be deemed eqluitable to be taken into


SECTION I. No ProVISion in this Code shall be inter~preted- or
applied in such a maanner as to: (1) Prom~ote monopolies or monopo-
listic practices; (2) Permit or encourage unfair competition; (3)
Eliminate, oppress. or discriminate against small enterprises.

SECTION 1. If the cost of executingr a contract entered into prior
to approval of this Code is increased by reason of the effect ofts

Code, it is equitab~le alnd promotive of the policies of the National
Industrial Recovery Act for an adjustment to be made of such con-
tracts to reflect such increased costs, and the Governing Committee
with the consent of the buy1\er is hereby dlesignated an agency to
assist ini effecting such adjustments by arbitration or otherwise.

SECTION 1. Such of the provisions of this Code as are not required
to be included therein by the Atct m~ay, with the approval of the
Pres.iid~ent, be modified or eliminated as changes in circumstances
or exler~ience may indicate. It is contemplate~cd that from time to
time supplementary provisions to this Code or additional Codes will
be submitted for the approval of the President to prevent unfair
competition and destructive competitive practices and to effectuate
the other purposes and policies of Title I of the Act consistent with
the provisions hereof.
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) -of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act and specifically, but without
limlitation, to the right of the P~resident to cancel or modify hlis
approval of this Code or any conditions imposed by himrt upon his
approval thereof.

11 111111 111111111 1111 1 111 1 II 111111 1111111