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Approved Code No. 25Amendment No. 2
.' Approved Code No. 25-Amendment No. 2
Registry No. 1125-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
OIL BURNER INDUSTRY
AS APPROVED ON SEPTEMBER 17, 1934
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Approved Code No. 25-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
OIL BURNER INDUSTRY
As Approved on September 17, 1934
APPROVING MODIFICATIONS OF THE CODE OF FAIR COMPETITION FOR THE
OIL BURNER INDUSTRY
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of modifications
to a Code of Fair Competition for the Oil Burner Industry, and
opportunity to be heard having been noticed to all interested parties
and the annexed report on said modifications, containing findings
with respect thereto. having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modifications and the Code as
constituted after being modified comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modifications be and
they are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
HUGH S. JOHNSON,
Adndn.istrator for Industrial Recovery.
BARTON W. MURRAY,
September 17, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the modifications to the Code of Fair Com-
petition for the Oil Burner Industry, as revised after notice of
opportunity to be heard, published August 7, 1934, in accordance with
Article VII of said Code as approved on September 18, 1933.
The modifications, which include assessment provisions and pro-
vide for a new Code Authority organization and election, will im-
prove the administration of this Code.
The Deputy Administrator in his final report to me on said modifi-
cations to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The modifications to said Code and the Code as modified are
well designed to promc:e the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of Industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchaeling power, by reducing and relieving ua-
employment, by improving standards of labor, and by otherwise
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said modifications on behalf of the Industry as a whole.
(d) The modifications and the Code as modified are not. designed
to and will not permit monopolies or monopolistic practices.
(e) The modifications and the Code as modified are. not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of-said
For these reasons, these modifications have been approved by me.
HUGH S. JOHNSON,
SEPTEMBER 17, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE OIL BURNER INDUSTRY
Pursuant to Article VII of the Code of Fair Competition for the
Oil Burner Industry, duly approved by tlhe President on September
18, 1933, and further to effectuate the policies of Title I of the
National Industrial Recovery Act, the following modifications are
established as a part of said Code of Fair Competition and shall be
binding upon every member of the Oil Burner Industry.
Article II is hereby deleted, and there is hereby added a new
Article II titled "Assessments to read as follows:
(a) It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
1. To incur such reasonable obligations as are necessary and proper
for the foregoing purposes and to meet such obligations out of funds
which may be raised as hereinafter provided and which shall be held
in trust for the purposes of the Code.
2. To submit to the Administrator for his approval, subject, to
such notice and opportunity to be heard as he may deem necessary
(a) an itemized budget of its estimated expenses for the foregoing
purposes, and (b) an equitable basis upon which tlhe funds necessary
to support such budget shall be contributed by members of the
3. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribu-
tion as above set forth by all members of the Industry and to that
end, if necessary, to institute legal proceedings therefore in its own
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget; and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Adminis-
trator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior, budget estimates except those
which the Administrator shall have so approved.
ARTICLE VII-ADMINISTRATION OF CODE
In conformity with the last paragraph of the Executive Order of
September 18, 1933, approving this Code, Article VII, Section 1 is
hereby modified by deleting the second sentence and subparagraphs
(a), (b), (c), (d), (e), and (f) and substituting in lieu thereof, the
following provisions, to wit:
(a) The Code Authority after October 1, 1934, shall consist of nine
members as follows: Five representatives of manufacturer members
of the Industry and four representatives of dealer members of the
Industry elected by members of the Industry.
(b) Of the nine representatives of members of the Industry, there
shall be at least one manufacturer representative and one dealer
representative from each of the following four areas. The ninth
member shall be a manufacturer representative selected from any
one of the four areas.
(1) Area 1 shall consist of the following states:
1. Maine 4. Massachusetts
2. New Hampshire 5. Connecticut
3. Vermont 6. Rhode Island
7. New York 10. Delaware
8. New Jersey 11. Ohio
9. Pennsylvania 12. West Virginia
(2) Area 2 shall consist of the following states:
1. Nebraska 4. Illinois
2. Michigan 5. Wisconsin
3. Indiana 6. Kansas
7. Minnesota 10. Kentucky
8. Iowa 11. North Dakota
9. Missouri 12. South Dakota
'(3) Area 3 shall consist of the following states and city:
1. Maryland & Washington, D. C. 4. South Carolina
2. Virginia 5. Tennessee
3. North Carolina 6. Georgia
7. Florida 10. Arkansas
8. Alabama 11. Louisiana
9. Mississippi 12. Texas
(4) Area 4 shall consist of the following states:
1. Montana 4. Oklahoma
2. Wyoming 5. New Mexico
3. Colorado 6. Arizona
7. Utah 10. Oregon
8. Idaho 11. Nevada
9. Washington 12. California
(c) Each of the nine representatives of members of the Industry
shall have his principal place of business within the area from which
he is elected.
(d) Members of the Code Authority shall hold office for one (1)
year from October 1, 1934, or until their successors have been elected
and 'or selected and shall have qualified. The five representatives of
manufacturer members may organize as a ma nufacturer division
Code Authority, to act on manufacturer problems only. The four
representatives of dealer members may organize as a dealer division
of the Code Authority, to act on dealer problems only. As there is
an even number of dealer representatives provided for, in the case
of a tie vote on any matter, the subject shall be referred to the Code
Authority, sitting as a whole.
(e) In addition to membership as above provided, there shall be
not more than three (3) members without vote, to be known as Ad-
ministration Members, to be appointed by the Administrator to serve
for such terms as he may specify.
Nomination and Election
On or before September 6, 1934, the Code Authority shall nominate
eighteen qualified members, subject to the disapproval of the Ad-
ministrator. The names of these nominees, consisting of two (2)
manufacturers and two (2) dealers from each of the four (4) areas
and two (2) other manufacturers, shall be submitted within ten (10)
days of approval of these modifications by the Administrator to all
known members of the Industry on a ballot which shall contain nine
blank spaces in which the names of persons other than those nomi-
nated may be written in. At the time the ballots are mailed to the
Industry, the Code Authority shall call meetings in each of the four
areas under the supervision of a temporary chairman, designated by
the Chairman of the Code Authority. At. such meetings other nomi-
nations than those made by the Code Authority may be made from
the floor for candidates from that particular area. Each manufac-
turer member shall vote for five (5), and no more, manufacturer
members from among those nominated or by writing in the names of
persons of his own choice. Each dealer member shall vote fur one
(1), and no more, dealer representative from the area in which lie
has his principal place of business, from among those nominated or
by writing in the name of the person of his own choice. These
ballots to be valid shall be returned to the Secretary of the Code
Authority on or before September 30, 1934, and shall be counted by
the Secretary and two members of the Industry designated as tellers
by the Chairman of the Code Authority. The nine qualified persons
receiving the highest number of votes as provided above shall be
Approved Code No. 25-Amendment No. 2.
Registry No. 1125-01.
UNIVERSITY OF FLORIDA
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