Amendment to code of fair competition for the fire extinguishing appliance manufacturing industry as approved on October...

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Material Information

Title:
Amendment to code of fair competition for the fire extinguishing appliance manufacturing industry as approved on October 10, 1934
Portion of title:
Fire extinguishing appliance manufacturing industry
Physical Description:
6 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Fire extinction -- Equipment and supplies -- United States   ( lcsh )
Fire extinguishers -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
"Approved Code No. 98--Amendment No. 2."
General Note:
"Registry No. 1314-01."
General Note:
At head of title: National Recovery Administration.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647736380
ocn647736380
System ID:
AA00009908:00001


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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

FIRE EXTINGUISHING

APPLIANCE MANUFACTURING

INDUSTRY


AS APPROVED ON OCTOBER 10, 1934


WE DO OUR PART


UNIV. OF. FL LI.


ate 0 U Jr


U.S. DEP~OTO


- -- UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D. C. - Price 5 cent


Approved Code No. 98-Amendment No. 2


Registry No. 1314-01
























this publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 98-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

FIRE EXTINGUISHING APPLIANCE MANUFAC-
TURING INDUSTRY

As Approved on October 10, 1934


ORDER
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
FIRE EXTINGUISHING APPLIANCE MANUFACTURING 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 the approval of an amend-
ment to a Code of Fair Competition Ior the Fire Extinguishing Ap-
pliance Manufacturing Industry; Opportunity to be Heard having
been noticed to all interested persons, and no objections having been
filed; and the annexed report on said amendment, containing findings
with respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, The National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including Ex-
ecutive Order No. 6859, dated September 27, 1934, and otherwise;
does hereby incorporate, by reference, said annexed report and does
find that said amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purposes of said Title of said Act, and
does hereby order that said amendment be and it is hereby approved,
and that the previous approval of said Code is hereby amended to
include an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
Approval recommended:
BARTON W. MURILY,
Division. Administrator.
WASHINGTON, D. C.,
October 10, 1934.
9025---1244-33-34 11












REPORT TO THE PRESIDENT


The PRESmIET,
The White House.
Sni: This is a report on Amendments to the Code of Fair Compe-
tition for the Fire Extinguishing Appliance Manufacturing Indus-
try. In accordance with the requirements of the National Recovery
Administration, due opportunity to be heard was afforded to all in-
terested persons. No objections were filed.
The Amendments are designed, primarily, to correct certain ob-
vious typographical errors, as well as to supply certain requirements
which the Code lacked.
FINDINGS
The Assistant Deputy Administrator in his final report to us on
said Amendments to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
We find that:
(a) The amendment to said code and the code as amended are
well designed to promote 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by a hiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.






3

(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
amendment.
For these reasons, therefore, we have approved this Amendment.
Respectfully,
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
OcTOBER 10, 1934.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FIRE EXTINGUISHING APPLIANCE MANUFAC-
TURING INDUSTRY
Amend Article II by deleting Sections 1, 6, and 7, and renumbering
the remaining Sections so that they will be 1 to 9 inclusive.
Amend Article II, old Section 10 (New Section 7) to read as
follows:
SEC. 7. The term 'Employee', as used herein, includes any and
all persons engaged in the industry, however compensated, except a
member of the industry."
Add a new Section 10 to read as follows:
SEC. 10. The terms President', 'Act' and 'The National Indus-
trial Recovery Board', as used herein, mean respectively the Presi-
dent of the United States, Title I of the National Industrial Recov-
ery Act and the National Industrial Recovery Board."
Amend Article III, Section 3, to read as follows:
SEC. 3. "No employer shall knowingly permit any employee to
work for any time'which, when added to the time spent at work for
another employer or employers in this Industry (or otherwise), ex-
ceeds the maximum permitted herein."
Amend Article IX-Wages, to read Article IV-Wages.
Amend Article V Section 5, by deleting the present wording and
substituting the following:
SEC. 5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
Amend Article V, Section 6, by deleting the present wording and
substituting the following:
SEC. 6. No employer shall reclassify employees or duties of occu-
pations performed or engage in any other subterfuge so as to defeat
the purposes or provisions of the Act or of this Code.
Amend Article V, Section 7, by deleting the present wording and
substituting the following:
SEC. 7. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the industry shall comply with all rules and regulations rela-
tive to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the National Industrial
Recovery Board.
Amend Article V by adding a new Section thereto, to read as
follows:
SEC. 8. No employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged
violation of the provisions of this Code.








Amend Article V by adding a new Section thereto, to read as
follows:
SEC. 9. Every employer shall provide for the safety and health of
employees during the hours and a.t the places of their employment.
Amend Article VI, Section 2 (d) to read as follows:
(d) The Code Authority shall study conditions in the industry
and shall make any recommendations from time to time to the Na-
tional Industrial Recovery Board which it deems desirable to fur-
ther the policies of the Act, including those specifically mentioned
below, which upon approval of the National Industrial Recovery
Board and after such hearing as may be prescribed shall becii-' a
part of this Code and shall have full force and effect as provisions
hereof.
Amend Article VI by adding a new Section thereto, to read as
follows:
SEC. 5. Groups of members of the Industry manufacturing a par-
ticular product or products having coumnon interests and problems,
may be grouped into product subdivisions by the Code Authority for
administrative purposes. For each such product subdivision there
shall be an Advisory Committee to assist the Code Authority in the
administration of the affairs of such product subdivision, such Com-
mittee to be composed of two members of the product subdivision
appointed or approved by the Code Authority, and one member of
the Code Authority who shall act as Chairman.
Amend Article VII, Section 1, to read as follows:
SECTION 1. Mis2epresentation.-Misrepresentation on a price list,
quotation sheet, advertising matter, etc.: as to the average weight
or any other feature of a product; or the use thereon of a misleading
comparison with a competitive type of product. A misleading state-
ment as to the business integrity, merchandise, policy, or financial
standing of any competitor. Misrepresentation on a plate or a label
or otherwise, either on the merchandise or on its carton, as to an
exclusive patented, or other feature.
Amend Article VII, Section 2, to read as follows:
SEC. 2. Faulty Involcin~.-Fictitious invoicing of merchandise;
or omission from an invoice of any of the special features of the
product shipped against the invoice or of any of the terms pertaining
to the sale. Allowing terms of payment more favorable than 2%
cash discount 10th proximo or more favorable than net 30th proximo,
or granting future invoice dating on any shipment of Code products
(except to distributors ").
Amend Article VII, Section 8, to read as follows:
SEr. 8. Excessive Warranties.-Guaranteeing a product, whether
voluntarily or on request, on conditions more favorable to the pur-
chaser than the following: Freedom from defects in material and
workmanship under the use and service for which the product is
recommended by the manufacturer; obligation to replace or repair,
f.o.b. manufacturer's factory, any part or parts returned to his
factory, transportation charges prepaid, the manufacturer to be
the judge of whether or not the alleged defect is present; no obliga-
tion for consequential damages or other items of expense which
normally cannot be anticipated and equitably comprehended in
original costs or selling prices.




UNIVERSITY OF FLORIDA

UIIIIll HII lIIIB II IUIH BI B! HUB I IUlll llHIllllI
6 3 1262 08583 0890
Amend Article VII, Section 9, to read as follows:
SEC. 9 (a) Discrimination Between Purchasers.-Discrimination
in prices or terms of sale between purchasers of the same class,
whether by misclassification or otherwise.
(b) Registration of Factory Branches and Distributors.-Failure
to promptly file with the Impartial Agency of the Code Authority
a record of the establishment of a Factory Branch or of the appoint-
ment of a Distributor.
Amend Article VII, Section 10 (c), to read as follows:
(c) Giving a purchaser the benefit of lower prices on orders re-
ceived prior to or on the effective date of a price increase duly filed
pursuant to Article VIII of this Code, unless shipment is made
within twenty (20) days (Sundays and holidays excluded) following
the effective date of such price increase. A postmark on a letter or
the filing time on a telegram shall be deemed the date of receipt
thereof. Provided, however, that nothing in this paragraph (c)
shall apply to a written order from the Federal Government or a
State Government or a county or municipality; or to a written order
for a specified quantity of Code products for a specified building
or other construction project, if a record of such order is filed with
the Secretary of the Association at the time of its acceptance.
Amend Article IX, Section 2, to read as follows:
SEC. 2. If the operation of any provision of this Code should in-
terfere with the exercise of existing lawful patent rights or of rights
under an existing lawful patent licensing agreement, any one affected
thereby may apply to the Code Authority, which shall have power to
grant an exemption, subject to the approval of the National Indus-
trial Recovery Board.
Amend Article IX, Section 4, by deleting the present wording
and substituting the following:
SEO. 4. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent or employee of
the Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
Amend Article X, Section 3, to read as follows:
SFO. 3. Such of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
National Industrial Recovery Board, be amended or eliminated as
changes in circumstances or experiences may indicate. It is con-
templated that from time to time supplementary provisions to this
Code will be submitted for the approval of the National Indus-
trial Recovery Board, including in particular, but without limitation
thereto, supplementary provisions to prevent unfair competition in
prices and other unfair or destructive competitive practices and to
effectuate the other purposes and policies of Title I of the Act con-
sistent with the provisions thereof.
Approved Code No. 98-Amendment No. 2.
Registry No. 1314-01.




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