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Registry No. 1129-1-10
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
HEAT EXCHANGE INDUSTRY
AS APPROVED ON OCTOBER 11, 1933
1. Executive Order
2. Letter of Transmittal
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CODE OF FAIR COMPETITION FOR THE HEAT EXCHANGE 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 my approval of a Code
of Fair Competition for the Heat Exchange Industry, and hearings
having 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 Administrator having found that the said Code of Fair Com-
petition 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 Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Administrator and do order that the said Code of
Fair Competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
October 11, 1933.
HUGH S. JOHNSON,
OCTOBER 9, 1933.
The White House, Wa8hington, D.O.
MY DEAR MR. PRESIDENT: I have the honor to submit and recom-
mend for your approval, the Code of Fair Competition for the Heat
The following documents are included or attached:
1. Executive Order.
2. Report of Deputy Administrator.
3. Industrial Advisory Board Approval.
4. Labor Advisory Board Approval.
5. Consumers' Advisory Board Approval.
6. Legal Division Approval.
7. Research and Planning Approval.
8. Research and Planning Report (Statistical).
9. Original Letter of Transmittal from Industry.
10. Assent of Industry.
11. Notice of Hearing.
12. Authorization of Code Committee to Act.
13. List of Witnesses.
14. Constitution and By-Laws of Association.
15. Transcript of Hearing.
An analysis of the provisions of the Code has been made by the
Administrator. I find that the Code complies with the requirements
of the National Industrial Recovery Act.
I am, my dear Mr. President,
Very sincerely yours,
HUGH S. JOHNSON,
CODE OF FAIR COMPETITION FOR THE HEAT EXCHANGE
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
fair competition for the Heat Exchange Industry, and upon approval
by the President shall be the standard of fair competition for this
The term heat exchange industry as used herein is defined to
mean the manufacture for sale of steam and vapor condensers,
tubular heat exchangers, storage heaters, direct contact heaters, de-
aerators, cooling towers, and kindred and allied apparatus and/or
parts thereof. The term person as used herein shall include but
without limitation natural persons, partnerships, associations, trusts,
trustees, trustees in bankruptcy, receivers, and corporations. The
term employer as used herein shall include every person actively
engaged in the manufacture for sale of the products of the heat ex-
change industry as herein defined. The term effective date as used
herein is defined to be the eleventh day after this code shall have
been approved by the President of the United States.
This code is presented by Heat Exchange Institute, a trade associa-
tion, all the members of which are engaged in the manufacture for
sale of the products of the heat exchange industry as herein defined,
in association with Machinery and Allied Products Institute, of
which Heat Exchange Institute is a constituent member.
As required by Section 7 (a) of Title I of the National Industrial
Recovery Act, it is hereby provided:
"(1) That employees 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-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection;
2. That 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, organizing, or assisting a labor organiza-
tion of his own choosing; and
3. That employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
(a) On and after the effective date no employer shall employ
any one under the age of 16 years; provided, however, that where
a state law provides a higher minimum age, no person below the age
specified by such state law shall be employed within that state.
(b) On and after the effective date the minimum wage that shall
be paid by any employer to any unskilled employee engaged in the
.production of the products of the heat exchange industry and in
labor operations directly incident thereto shall be 40 cents per hour,
unless the rate per hour for the same class of labor on July 15th,
1929, was less than 40 cents, in which case the rate per hour paid
shall be not less than the rate per hour paid on July 15th, 1929,
and provided, that in no event shall the rate per hour paid be less
than 35 cents, and provided also that learners (other than appren-
tices as defined in paragraph (d) of this Article V) may be paid
no less than 80 percent of such minimum wage, but the total number
of learners shall not exceed 5 percent of the total number of em-
ployees covered by the provisions of this paragraph (b) and pro-
vided further, that after three months of work learners shall be
paid not less than the minimum wage herein provided.
(c) On and after the effective date the minimum wage that shall
be paid by any employer to all employees other than those engaged
in the production of the products of the heat exchange industry and
in labor operations directly incident thereto shall be at the rate of
$15.00 per week, whether calculated on an hourly, weekly, monthly,
piecework, or any other basis in accordance with the usual custom
of the employer, provided, however, that office boys or girls may be
paid not less than 80 percent of such minimum wage, but the total
number of such office boys or girls shall not exceed 5 percent of the
total number of employees covered by the provisions of this para-
(d) Nothing in this Article V shall apply to or affect, a bona fide
apprentice employed under a system or course of training which
when completed will make the apprentice a skilled mechanic.
(e) Not later than 90 days after the effective date each employer
in the heat exchange industry shall report to the Administrator
through the Supervisory Agency, hereinafter provided for, the ac-
tion taken by such employer in adjusting the hourly wage rates
for all employees receiving more than the minimum rates provided
in paragraph (b) of this Article V, but receiving less than $35.00
per week of regular work period.
On and after the effective date no employer shall employ any
employee except executives, administrative, supervisory, and technical
employees and their respective staffs who are paid at the rate of
$35.00 or more per week, traveling sales and service employees,
watchmen, and firemen, in excess of 40 hours per week, provided,
however, that these limitations shall not apply to conditions of sea-
sonal or peak demand which create an unusual and temporary burden
for production or installation; in such special cases such number of
hours may be worked as are required by the necessities of the situa-
tion, but not to exceed 48 hours per week for any six weeks in any cal-
endar 6 months' period; and provided further that these limitations
shall not apply to employees on emergency, maintenance, or repair
work, or to very special cases where restriction of hours of highly
skilled workers would unavoidably reduce or delay production
Where in any case an employee whose hours of work are herein speci-
ed (other than salaried employees) shall work in excess of 8 hours per
day at least time and one third shall be paid for the excess hours
Heat Exchange Institute is hereby designated an agency for pro-
moting the performance of the provisions of this code by the members
of the heat exchange industry; provided, however, that no inequi-
table restrictions upon membership in such Institute shall at any
time be imposed.
With a view to keeping the President of the United States and the
Administrator informed as to the observance or nonobservance of
this code, and as to whether the heat exchange industry is taking
appropriate steps to effectuate in all respects the declared policy of
the National Industrial Recovery Act, each employer shall, when
required by the Supervisory Agency, prepare and file with such per-
son or organization as the Supervisory Agency may designate, an
earnings statement and balance sheet in a form prescribed by the
Supervisory Agency. Each employer shall likewise prepare and
file with such person or organization as the Supervisory Agency may
designate and at such times and in such manner as may be pre-
scribed statistics of plant capacity, volume of production, volume of
sales in units and dollars, orders received, unfilled orders, stocks on
hand, inventory, both raw and finished, number of employees, wage
rates, employee earnings, hours of work, and such other data or
information as the Supervisory Agency may from time to time re-
quire. In addition to information required to be submitted to the
Supervisory Agency, there shall be furnished to Government agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the National Industrial
ARTICLE VIII-SUPERVISORY AGENCY
To administer and supervise, and to facilitate the enforcement
of the provisions of this code there shall be a committee of five mem-
bers connected with the heat exchange industry called the Super-
visory Agency. The President or the Administrator may appoint
not more than three additional members without vote. The com-
mittee shall be elected at a meeting of employers called immediately
after the approval by the President of this code and held immediately
prior to the effective date thereof. The meeting shall be called by
Heat Exchange Institute and notice thereof shall be sent by telegraph
and registered mail to all known manufacturers in the heat exchange
industry. The notice shall specifically state that voting at the meet.-
ing may be in person or by proxy. The members of the committee
shall be elected by a vote of the employers present in person or by
proxy at such meeting passed in two ways: (a) one member by a
majority vote of employers present in person or by proxy as such,
and (b) four members by a 51% vote by employers present in person
or by proxy weighted on the basis of one vote for each $50,000 of
sales of products of the industry made in the calendar year 1932 as
reported to the Secretary of Heat Exchange Institute, but each em-
ployer shall have at least one vote. Members of the Committee to
fill vacancies due to death or resignation or because a member thereof
has ceased to be connected with the industry shall be elected at meet-
ings of employers called by Heat Exchange Institute on at least ten
(10) days' notice by registered mail sent to all known manufacturers
in the heat exchange industry. At such meetings the vote shall be
taken in the manner hereinabove described.
If formal complaint is made to Heat Exchange Institute or to
the Supervisory Agency that the provisions of this code have been
violated by any employer, the supervisory agency or the proper
supervisory committee hereinafter provided for shall make such
investigation as in its opinion is necessary.
Except as otherwise provided in the National Industrial Re-
covery Act, all statistics, data, and information filed in accordance
with the provisions of Article VII shall be confidential, and the
statistics, data, and information of one employer shall not be re-
vealed to any other employer except that for the purpose of facili-
tating the administration and enforcement of the provisions of this
code, the Supervisory Agency, by their duly authorized representa-
tives (who shall not be in the employ of any employer affected by
this code) and the Administrator shall have access to any and all
statistics, data, and information that may be furnished in accord-
ance with the provisions of this code.
Any member of the heat exchange industry is eligible for mem-
bership in the Heat Exchange Institute. Any employer shall be
entitled to- vote on, and share in the benefits of the activities of. the
Supervisory Agency, and may participate in any endeavors of Heat
Exchange Institute in the preparation of any revisions of, or addi-
tions or supplements to, this code by accepting his proper prorata
share of the reasonable cost of creating and administering it, as
determined by the Supervisory Agency.
ARTICLE XI-AccoUNTING AND COSTING
Every employer shall use an accounting system which conforms
to the principles of and is at least as detailed and complete as the
uniform and standard method of accounting and the uniform and
standard method of costing to be formulated or approved by the
Supervisory Agency, with such variations therefrom as may be re-
quired by the individual conditions affecting any employer or group
of employers and as may be approved by the Supervisory Agency
and made supplements to said formulated or approved methods of
accounting and costing.
ARTICLE XII-S .ES BELOW COST
No employer shall sell or exchange any product of his manufac-
ture at a price or upon terms or conditions that will result in the
customer paying for the goods received less than the cost to the
seller, determined in accordance with the uniform and standard
method of costing hereinabove prescribed; provided, however,
(1) that inventories which must be converted into cash to meet
emergency needs, dropped lines, or seconds may be disposed of in
such manner and on such terms and conditions as the proper super-
visory committee may approve and as are necessary to move such
product into buyers' hands; and provided further, (2) that selling
below cost in order to meet existing competition on products of
equivalent design, character, quality, or specifications shall not be
deemed a violation of this Article if provision therefore is made in
supplemental codes for any branch or subdivision of the industry,
which may be hereafter prepared and duly approved by the
ARTICLE XIII-PRICE LIsTs
If the Supervisory Agency determines that in any branch or
subdivision of the heat-exchange industry it has been the generally
recognized practice to sell a specified product on the basis of printed
net price lists, or price lists with discount sheets and fixed terms of
sale and payment, each manufacturer of such product shall within
ten (10) days after notice of such determination file with the Super-
visory Agency a net price list or a price list and discount sheet, as
the case may be, individually prepared by him, showing his current
prices, or prices and discounts, and terms of sale and payment, and
the Supervisory Agency shall immediately send copies thereof to all
known manufacturers of such specified product. Revised price lists
and/or discount sheets may be filed from time to time thereafter with
the Supervisory Agency by any manufacturer of such product, to
become effective upon the date specified therein, but such revised
price lists and/or discount sheets shall be filed with the Supervisory
Agency twenty (20) days in advance of the effective date, unless the
proper Supervisory Committee shall authorize a shorter period.
Copies of such revised price lists and/or discount sheets, with notice
of the effective date specified, shall be immediately sent to all known
manufacturers of such product, who thereupon may file, to become
effective upon the date when the revised price list and/or discount
sheet first filed shall go into effect, revisions of their price lists
and/or discount sheets establishing prices or prices and discounts not
lower than those established in the revised price lists and/or discount
sheets first filed.
If the Supervisory Agency shall determine that in any branch or
subdivision of the heat exchange industry not now selling its prod-
uct on the basis of price lists, with or without discount sheets, with
fixed terms of payment, the distribution or marketing conditions in
said branch or subdivision are the same as or similar to the distri-
bution or marketing conditions in a branch or subdivision of the
industry where the use of price lists, with or without discount sheets,
is well recognized, and that a system of selling on net price lists or
price lists and discount sheets with fixed terms of payment should be
put into effect in such branch or subdivision, each manufacturer of
the product or products of such branch or subdivision shall within
twenty (20) days after notice of such determination file with the
Supervisory Agency net price lists or price lists and discount sheets,
containing fixed terms of payment, showing his prices and discounts
and terms of payment, and such price lists and/or discount sheets
may be revised in the manner hereinabove provided.
The Supervisory Agency shall have power on its own initiative or
on the complaint of any employer to investigate any price for any
product shown in any net price list or price list with discount sheet
filed with the Supervisory Agency by any employer, and, for the pur-
pose of the investigation thereof, to require such employer to furnish
such information concerning the cost of manufacturing and selling
such product as the Supervisory Agency shall deem necessary or
proper for such purpose. If the Supervisory Agency after such
investigation shall determine that such price is an unfair price for
such product, having regard to the cost of manufacturing and selling
such product, and that the maintenance of such unfair price may
result in unfair competition in the industry and be contrary to the
spirit of the National Industrial Recovery Act, the Supervisory
Agency may require the employer that filed the list or discount sheet
in which such unfair price is shown to file a new list or discount
sheet showing a fair price for such product, which fair price shall
become effective immediately upon the filing of such list or discount
sheet. If such employer shall not within ten (10) days after notice
to it of such determination by the Supervisory Agency file a new
list or discount sheet showing such fair price for such product, the
Supervisory Agency shall have power to fix a fair price for such
product, which fair price, however, shall not be more than the price
of any other employer at that time effective for such product, and
in respect of which the Supervisory Agency shall not theretofore
have begun an investigation or a complaint shall not have been made
by any employer. When the decision of the Supervisory Agency
fixing such fair price shall have been filed with the Secretary of
Heat Exchange Institute and the Secretary shall have given notice
thereof to such employer, such fair price shall be the price for such
employer for such product until it shall have been changed as in
this code provided.
No employer shall sell directly or indirectly by any means what-
soever any product of the industry covered by the provisions of this
Article at a price lower or at discounts greater or on more favorable
terms of payment than those provided in his current net price lists
or price lists and discount sheets. The operation of this Article XIII
shall at all times be subject to review by the Administrator.
ARTICLE XIV-DISTRIBUTORS' RESALES
No employer shall cooperate in the violation of this code by selling
to or through any distributor who does not agree to resell only in
accordance with the provisions of this code. This Article shall be
in effect until the approval by the President of a code for such
ARTICLE XV-INDUSTRY GRouPS
Aggregations of employers having a common interest and common
problems will be grouped by Heat Exchange Institute for adminis-
trative purposes in various subdivisions or product classifications and
report of such grouping made to the Administrator. In each sub-
division or product classification there will be a supervisory com-
mittee appointed by the Supervisory Agency and report thereof
made to the Administrator.
ARTICLE XVI-EXPORT SALES
The provisions of this code concerning sales shall not apply to
direct export sales of any product, or to sales of any product destined
ultimately for export, or to sales of parts used in the manufacture
of products for export. The term export" shall include ship-
ments to foreign countries and to the territories and possessions of
the United States.
ARTICLE XVII-STATUS PRIOR TO EFFECTIVE DATE
Prior to its approval by the President, applicant may at any time
change or modify any provision of this code (except those provisions
required by Sections 7 (a) and 10 (b) of the Act), or may withdraw
The applicant will not be deemed to have consented to any change
or modification of this code which may be effected by the President's
order of approval, unless such change or modification is submitted
to the applicant and consented to by the applicant.
ARTICLE XVIII-RIcHTS OF PRESIDENT
The President may from time to time cancel or modify any order,
approval, license, rule, or regulation issued under Title 1 of the
National IndustriaJ Recovery Act.
ARTICLE XIX-AMENDMENTS AND ADDITIONS
Such of the provisions of this code as are not required by the Na-
tional Industrial Recovery Act to be included herein may, with the
approval of the President of the United States, be modified or elim-
inated as changed circumstances or experience may indicate. This
code is intended to be a basic code, and study of the trade practices
of the heat exchange industry will be continued by the Executive
Committee of Heat Exchange Institute with the intention of submit-
ting, from time to time, to the Administrator for approval additions
UNIVERSITY OF FLORIDA
8 3 1262 08584 3075
to, or revisions of this code applicable to all employers in the heat
exchange industry and supplemental codes applicable to one or more
branches or subdivisions or product classifications of the heat ex-
change industry, such supplemental codes, however, to conform to and
be consistent with the provisions of this code as now constituted or
ARTICLE XX-SEGREGATION OF INDUSTRY
If any employer of labor in the heat exchange industry is also an
employer of labor in any other industry, the provisions of this code
shall apply to and affect only that part of his business which is
included in the heat exchange industry.
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