Citation
Amendment to code of fair competition for the plumbing fixtures industry

Material Information

Title:
Amendment to code of fair competition for the plumbing fixtures industry as approved on January 31, 1934
Portion of title:
Plumbing fixtures industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Plumbing fixtures industry -- Law and legislation -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )
Unknown ( sobekcm )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 204--Amendment No. 1."
General Note:
"Registry No. 1129-03."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
63655285 ( OCLC )
ocm63655285

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Full Text




Approved Code No. 204. Amendment No. I Registry No. 1129-03


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

PLUMBING FIXTURES

INDUSTRY


AS APPROVED ON JANUARY 31, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


UNIV. O-FL LI.L


fats 0--
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Approved Code No. 204. Amendment No. I


Registry No. 1129-03

























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
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadellihin. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 204. Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY

As Approved on January 31, 1934





ORDER
TERMINATING STAY CONTAINED IN ORDER OF THE
ADMINISTRATOR FOR INDUSTRIAL RECOVERY,
DATED JANUARY 13, 1934, APPROVING
CODE OF FAIR COMPETITION
FOR THE
PLUMBING FIXTURES INDUSTRY AND FINALLY
APPROVING SAID CODE AS MODIFIED

An Order was signed on January 13, 1934, by the Administrator
for Industrial Recovery, on behalf of the President of the United
States, approving a Code of Fair Competition for the Plumbing
Fixtures Industry but. staying for a period of sixty (60) days the
application of certain of the provisions of Section 7 of Article VIII
of said Code.
An application having been duly made by the Committee on
Organization of the Code of Fair 'Competition for the Plumbing
Fixtures Industry, the applicant for the approval of said Code, for
the termination of such stay, and such applicant having requested
and agreed to the termination of such stay subject to the proviso
hereinafter set forth in this Order:
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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby order that said stay be and it is
hereby terminated, provided, however, that the provisions of the
second paragraph of Section 7 of Article VIII of said Code (con-
tained in the sole complete paragraph appearing on Page 22 of said
371090-313-165-34 (11









Code as originally submitted for approval be modified to read as
follows:
In recognition of the fact that the products of these indus-
tries cannot be installed in ultimate service without the per-
formance of wholesaling functions such as assembling, ware-
housingi, and buying in bulk of these products and of accessory
and complementary products by individuals, firms, or corpora-
tions either exclusively or in conjunction with the performance
of the function of retailing said individuals, firms, corporations,
or other persons, in consideration of the performance of such
wholesaling function and of purchasing in wholesale quantities,
shall receive a trade discount from published prices greater than
the trade dis.coint accorded to any individuals, firms, corpora-
tions, or other persons who do not perform the wholesaling
function hereinabove de.-cribud. The difference between the
trade discount allowed to those individuals, firms, corporations,
or other persons performing such wholesaling function and the
trade discount. accorded to other purchasers for resale, shall be
determined by each individual manufacturer in establishing his
wholesale purchase price level and his retail purchase price
level; but in no case shall such difference be less than the per-
centage determined by the Code Authority, with the approval
of the Administrator, subject to modifications made therein
from time to time with the approval of the Administrator, such
percentage and such modifications therein to be confirmed by
ininmediate studies of the value to the consumer of the functions
involved. Such studies shall be made by an impartial fact-
finding agency under the direction of the Code Authority."
and do order that said Code of Fair Competition for the Plumbing
Fixtures Industry, as so modified with the absent of the said Com-
mittee on Organization of the Code of Fair Conmpdtition for the
Plumbing Fixtures Industry, be and it is 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 as hereinabove
provided, such approval and such modification to take effect ten (10)
days from the date hereof, unless good cause to the contrary is
shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Indu.steial Recovery.
Approval recommended:
W. A. HARRIMAN,
Division Administrator.
WASTINGTON, D.C.,
January 31, 1934.













THE PRESIDENT,
The White House.
SriR: This is a report on an amendment to the second paragraph of
Section 7, Article VIII, in the Code of Fair Competition for the
Plumbing Fixtures Industry as approved on January 13, 1934.
In the order, approving the above Code, executed on January 13,
1934, by the Administrator for Industrial Recovery, the application
of the provisions of Section 7 of Article VIII was stayed for a
period of sixty (60) days in order to afford consideration of the
objections of any interested parties to ,?uch provisions. Inasmuch as
said provisions have been revised to clarify their meaning and intent,
probability of objection has been greatly mniimized.
The nimended provisions do not in any way affect the Wage and
Hour provisions of the Code or the number of workers employed.
Their specified purpose is further to stabilize an Industry where
unfair competition may be exceedingly detrimental to the continued
successful operation of the members of the Industry.
The Assistant Deputy Administrator in his final report to me
on said amiendinent, to said Code having found as herein set forth
and on the basis of all the proceedings in this imattcr;
I find that:
(a) The anmendnuent 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
obstructions 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 maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible uti-
lization of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The applicant associations were and are industrial associa-
tions truly representative of the aforesaid Industry and that said
associations imposed and impose no inequitable restrictions on ad-
mission to membership therein and have applied for or consents to
this amendment.









(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.
(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.
(g) For these reasons, therefore, I have approved the amendment
to this Code.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JANUARY 31, 1934.
Approved Code No. 204, Amendment No. 1.
Registry No. 1129-03.













































Digitized by lhe Internel Archive
in 2011 with funding Irom
University of Florida, George A, Smalhers Libiaiies with support Irom LYRASIS and the Sloan Foundation


hllp: www.archive.org details amendmenilocodeo2069unil




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PAGE 1

Approved Code No. 204. Am endment N o . 1 Reg i s try No. 1129-03 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE PLUMBING FIXTURES INDUSTRY AS APPROVED ON JANUARY 31, 1934 WE DO OUR PART Ut.fl\!. 01' F1.. lll. . .... ... o:-f • '. • -----u.l. oePoenOIIf UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ------Price 5 cents

PAGE 2

This publication i s for sale b y the Superintendent of Documents, Government Printing Office , Washing t o n, D.C., and b y distric t offices of the Bureau o f Foreign and Domestic C ommerc e . DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta , G a . : 5 04 Post Offic e Building. Birming h a m , Ala.: 257 F e d e r a l Build ing. B o s t o n , Mass. : 1801 Cu s tom ho use. Buffa lo, N.Y. : Chambe r o f Commerc e Build ing. C h arleston, S.C . : Chamber of Commerce Building. C h icago, Ill.: Suite 1706 , 201 North Wells Street. Oh i o : Chamber of Commerce. D a ll as, T ex . : Chamber of Com m e rce Building. Detr o i t, Mi ch.: 80 1 First National Bank Build ing. H o u s ton , T ex . : Chambe r of C ommer c e Building. I ndia napoli s, Ind.: Chambe r o f Commerc e Building. Jack s on v ill e , Fla.: C h a mb e r of Commerce Building. K a n sas C ity, Mo. : 1028 Baltimore A v e nue. Lo s An ge le s, C alif.: 1163 South Broadway. Louisv ill e , Ky. : 408 Federal Building. Memphi s, T enn. : 229 Federal Building. Minneap olis , M i nn. : 2 13 F ederal Building. N e w Orlean s, La.: Room 22 5-A, Cu s to m house. Ne w York, N.Y.: 734 Cu s tomhouse. N o rfolk , V a.: 406 East Plume Street. Philadelphia, Pn. : 422 Com m e r c i a l Trus t Building. Pittsburg h , P a . : Ch ambe r of Commerce Building. Portland, Oreg.: 215 New Pos t Office Building. St. L o u is, Mo.: 5 06 Olive Str e e t . San Franci s co, Calif. : 310 Cu s tomhouse. Seattle, Wash.: 809 Federa l Offic e Building. -

PAGE 3

Approved Code No. 204. Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETI T ION FOR THE PLUMBING FIXTURES INDUSTRY As Approved on January 31, 1934 ORDER TERMINATING STAY CONTAINED IN ORDER OF THE ADMINISTRATOR FOR INDUSTRIAL RECOVERY, DATED JANUARY 13, 1934, APPROVING CODE OF FAIR COMPETITION FOR THE PLUMBING FIXTURES INDUSTRY AND FINALLY APPROVING SAID CODE AS MODIFIED An Order was signed on January 13, 1934, by the Administrator for Industrial R ecove ry, on behalf of the President of the United States, approving a Code of Fair Competition for the Plumbing Fixtures Industry but staying for a period of sixty ( 60) days the application of certain of the provisions of Section 7 of Article VIII of said Code. An application having been duly made by the Committee on Organization of the Code of Fair Competition for the Plumbing Fixtures Industry, the applicant for the approval of said Code, for the termination of such stay, and s uch applicant having requested and agreed to the termination of such stay subject to the proviso hereinafter set forth in this Order : 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 Execut ive Orders of the President, including Executive Order No. 6543-A , dated Decemb e r 30, 1933, and otherwise, do hereby order that said stay be and it is hereby terminated, provided, however, that the provi ions of the second paragraph of Section 7 of Article VIII of said ode (contained in the sole complete para Taph appearing on Page 22 of said 37109----313-165----34 (1)

PAGE 4

2 Code as originally submitted for approval be modified to read as follow : "In recognition of the fact that the products of these indus tries cannot b e install ed in ultimate se rvice without the per formance of wholesaling :functions such as assembling, ware housing, and buying in bulk of these products and of accessory and complementary products by individuals, firms, or corpora tions either ex clusively or in conjunction with the performance of the function of retailing said individuals, firms, corporations, or other pers ons, in consideration of the performance of such wholesaling function and of purchasing in wholesale quantities, shall receive a trade di count from published prices greater than the trade eli count accorded to any individuals, firm , cor poration , or other person s who do not perform the wholesaling function h ere inabove described. The difference b et w een the trade discount allowed to those individual , firms, corporations, or other persons performing s uch wholesaling function and the trade discount accorded to other purchasers for resale, hall be determined by each individual manufacturer in establishing his wholesal purchase price level and his retail purchase price lev el; 'but in no case shall such difference be les than the p ercentage determined by the Code Authority, with the approval of the Administrator, subject to modifi cations made therein from time to time with the approval of the Administrator, such percentage and such modifications therein to be confirmed by immediate studies of the value to the cons um er of the functions involved. Such studie s shall b e made by an impartial fact finding agency under the direction of the Code Authority." and do order that said Code of Fair Competition for the Plumbing Fixtures Industry, as so modifi cl with the assent of the said Committee on Organization of the Code of Fair Competition for the Plumbing Fixtures Industry, be and it is hereby approved and that the previous approval of said Code is hereby modifi ed to include an approval of said Code in its entirety as modifi e d as hereinabove provided, s uch approval and s uch modification to take effect ten (10) days from the date hereof, unless good cause to the contrary is shown to the Administrator before that time and the Administrator is sues a . ub sequent order to that effect. HuGH S. JoHNSON, Adntinistrator for Industrial R ecover y. Approval recommended: w. A. HARRil\fAN, Division WASHINGTON, D.C., January 31, 1934-.

PAGE 5

THE PRESIDENT' The "ltV hite House. Srn: This is a report on an amendment to the second paragraph of Section 7, Article VIII, in the Code of Fair Competition for the Plumbing Fixture Industry as approved on January 13, 1934. In the order, approving the aboYe Code, executed on January 13, 1934, by the Administrator for Indu trial Recovery, the application of the provisions of Section 7 of Article VIII was stayed for a period of ixty ( 60) d[l,ys in order to afford consideration of the objection of any interested parties to such provisions. Inasmuch as said provisions have been revised to clarify their meaning and intent, probability of objection has been greatly minimized. The amended provision s do not in any \Yay affect the Wage and Hour provisions of the Code or the numb or of workers employed. Their specified purpose is further to stabilize an Indu try where unfair competition may be exceedingly detrimental to the continued succe sful operation of the memb rs of the In lustly. The Ac:sistant D eputy Admini trator in his final report to me on said amendment to aid Code having found as herein et forth and on the ba sis of all the proceedings in thi matter; I find that: (a) The amendment to said Code and the Code a amended are well de i a ned to promote the policies and purpose of Title I of the National Industrial Recovery \..ct including the remoYal of obstruction to the free flow of interstate and foreign commerce which tend to dimini h the amount thereof, and will provide for the general welfare by promoting the organization of indu try for the pnrpo e of cooperatiYe action among trade oToup , by inducing and maintaining united action of labor and management under adequate governmental sa nction an l supervi ion, b y eliminating unfair ompetitiYe practices, by promotino the fullest po s ible utilization of the present productive capacity of industries, by avoiding undue restriction of productio n (except a may b e t mporarily required), by increasing the con. umption of industrial and agricultural products through incre asing purcha ing power, by reducing and relieving une mployment, by improving 'tandard of labor, and by otherwise rehabilitating indu try. (b) Tl e Code as amended complie in all re pect with the pertinent provi ions of said Title of aid Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Se tion 7, and Subsection (b) of Section 10 thereof. (c) The applicant association were and ar indu trial a socia tions truly rep"':'esentative of the aforesai l InCI.u try and that aid associations impo eel and imp e no inequitable restriction on ad mi s ion to member hip therein anl have applied for r on nt t o this am ndment. {3)

PAGE 6

4 (d) The amendm ent and the Code a s am ended are not designed to and w ill not permit monopolies or mon o poli stic practices. ( e ) The am endment and the C ode a s amended are not designed to and will n o t elimina t e or oppress s m all enterprises and will not op erate to eli crimina t e agains t them. (f) Thos e enga g e d in other steps of the e c onomic process have not been d eprive d of the right to b e h eard prior to approval of said amendment. (g) For thes e r e ason s , the refore, I have approved the amendment to this Code. Respectfully, JANUARY 31, 1934. Approved Code No. 204, Amendment No. 1. Registry No. 1129-03. 0 HUGH 8. JOHNSON, Administ r ator.

PAGE 7

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PAGE 8

UNIVERSITY OF FLORIDA Ill II /IIIII IIIII/IIIII IIIII II IIIII/II II/IIIII/IIIII III/II/IIIII I 3 1262 08584 2069 . -. . . .; . , .. -. . :._;•. ?f'; . • . , : ' . . ,. . # . . '