Approved Code No. 472 Registry No. 1118-12 

NATIONAL RECOVERY ADMINISrfRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WARM AIR 

I 

REGISTER INDUSTRY 

AS APPROVED ON JUNE 28, 1934 

:-

'WE DO OUR P.ARl 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Birmingham, Ala. : 257 Federal Buildiug. 

Bo ton, Mas . : 1 01 ustomhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

harleston, S.C.: Chamber of Comm rce Building. 

Chicago, Ill.: uite 1706, 201 North W lls Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dalla ·, Tex. : Chamber of Commerc Building. 

Detroit, Mich.: 801 First National Bank Building. 

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Indianapoli , Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

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San Francisco, Calif. : 310 Customhouse. 

Sea ttle, Wash.: 809 Federal Office Building. 
App.roved Code No. 472 

. CODE OF FAIR COMPETITION 

FOR THE 

WARM AIR REGISTER INDUSTRY 

As Approved on June 28, 1934 

ORDER 

APPROVING CoDE OF FAIR Co~fPETITION FOR THE vV ARM AIR REGISTER 

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 approval of a Code of 

Fair Competition for the Warm Air Register Industry and hearings hav~ng been duly held thereon and the annexed report on said 

Code, 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 

President, including Executive Order No. 6543-A, dated December · 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved, with the exception of the proviso in Sub-Section b, of Section 1, of Article XI 

which is hereby deleted and provided that the provisions of Article 

VIII, Section 11, be and are hereby stayed for a period of sixty 

(60) days and thereafter, unless during such period good cause is 

shown why such stay should not be made permanent, and I, by my 

further order, otherwise direct. 

Approval recommended: 

HuGHS. JoHNsoN, 

AdminV::trator for Industrial Recovery. 

BARTON w. MURRAY, 

Acting Division Administrator. 

w ASHJNGTON, D.C., 

June 1£8, 1934. 

70514°----657-164--.--34----1 (145) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

Warm Air Register Industry as revised after a public hearing, 

conducted thereon in Washington, D.C. on January 25th, 1934, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROVISIONS AS TO WAGES .AND HOURS 

All employees shall be paid a minimum rate of :forty cents per 

hour except office employees, and except bona fide apprentices who 

shall not exceed in number five percent of the total number of factory 

employees. Accounting, clerical and office employees may be paid 

at not less than fifteen dollars per week. Office boys and girls may 

be paid not less than eighty percent of this la t rate and shall not 

exceed, in any calendar month, five percent of the total office employees of the employer except that any employer may employ at 

least two such persons. 

Handicapped workers may be employed, when properly certified, 

at light work, at a wage below the minimum. Female employees 

performing substantially the same work as male employees shall 

receive equal pay. Adjustment of wage rates above the minimum 

by all employers who have not heretofore made such adjustments . shall be made forthwith and in no event shall hourly rates of pay 

be reduced. Report in full of all adjustments shall be made within 

sixty days. 

Forty hours shall be the maximum number of working hours for 

any week and eight hours for any day except that, exclusive of 

accounting, clerical or office employees, during not to exceed six 

weeks in any six months' period, forty-eight hours in one week 

shall be permissible providing one and one half times the normal 

rate of pay shall be paid for all time in excess of eight hours per 

day and forty hours per week. Those employed in executive and 

managerial capacity and service engineers, when and as long as 

their expenses are paid by their employers, who regularly receive 

thirty-fi-ve dollars or more per week and outside salesmen are ex 4 

cepted from this provision. Employees engaged solely at maintenance and repair work, truckmen, firemen and engineers may work 

not more than nine hours in any one day, or forty-four hours in 

any one week, except that they may work not more than forty-eight 

hours per week during not more than six weeks in any six months' 

period. One and one-half times the normal rate of pay shall be 

paid for hours worked in excess of eight hours per day and forty 

hours per week. Watchmen are excepted and shall not be employed 

in excess of fifty-six hours in any one week, except watchmen in 

(146) 
147 

closed plants to whom this limitation shall not apply. Exception 

is also provided, as regards maximum hours, for cases of emer- gency or where restriction of hours of skilled workers would unavoidably reduce production or limit work available to other workers. No employee shall be permitted to work more than six days 

in any seven day period. No employer shall knowingly permit any 

employee to work for any time which, when totaled with that already performed with another employer or employers exceeds the 

maxima permitted herein. 

ECONOMIC EFFECTS OF THE CODE 

The economic welfare of this industry largely depends upon building activity. ~'Varm Air Registers are almost exclusively used in 

conjunction with home heating installations although there is a 

small and perhaps increasing market in connection with ventilating 

and air-conditioning or cDoling systems. 

Annual dollar sales have decreased about sixty-seven percent from 

19Z9 to 1932. Invested Capital has decreased about one-third during 

the same period, with a subsequent further ' ten percent reduction. 

The number of wage earners employed by this industry decreased 

about forty-four percent during the same period, with an increase 

from the 1932 low of about one-third the latter part of 1933. The 

Research and Planning Division estimates that the industry employed 

500 wage earners in 1929. 

No large fuTther increase in employment is anticipated under the 

maximum hourly provision of the Code as, although there has been 

an increase in employment under the President's Reemployment 

Agreement, the industry is only working approximately thirty-nine 

and a half hours per week and any increase in employment will 

undoubtedly be mostly due to increased building activity, the source 

of approximately ninety percent of the industry's sales. The Code 

provides for the upward adju tment of wages above the minimum 

therefore the purchasing power of the industry's employees should 

be increased. Trade practice provisions of the Code are expected to 

remedy many of the evils that have been prevalent in the past within 

this industry. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

havi~g found as herein set forth and on the basis of all the proceedings in this matter ; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

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 the trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoid-
148 

ing undue restriction of production (except as may be temporarily 

required), by increasing the consumption of industrial and agri- cultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said Indu try normally employs not more than 50,000 em- ployees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent 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; and that the applicant association 

is an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restric- tions on admission to member hip therein. 

(d) The Code is not de igned to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is 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 Code. For these rea ons, therefore, I have approved this Code. 

Respectfully, 

JUNE 28, 1934. 

HuGHS. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE "\V ARM AIR 

REGISTER INDUSTRY 

ARTICLE I-PURPOSES 

Te effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the "\Varm Air Register Industry and shall be 

the standard of fair competition for such industry and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Warm Air Register Industry " as used herein includes the manufacturing and selling by manufacturers of air registers, register faces, cold-air faces, floor borders, adjustable ventilators, intakes, wall frames, pipeless furnace gratings, manufactured 

of metal, for heating, cooling, or ventilating- purposes, as defined in 

Appendix A, and such branches or sub-divisions thereof as may, 

from time to time, be included under the provisions of this Code. 

2. The term "employee" as used herein includes any one engaged 

in the industr;Y in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensation except a " member of the industry ". 

3. The term " employer " as used herein includes any one by whom 

such employee is compensated or employed. 

4. The term "member of the industry " includes any one engaged 

in the industry as above defined, either as an employer or on his or 

its own behalf. 

5. The term " Institute " as used herein means the National 'Varm 

Air Register Manufacturers Institute, a trade association. 

6. The terms "President", "Act", and "Administrator" as used 

herein shall mean respectively, the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

SECTION 1. No employee, excluding accounting, clerical and office 

employees, shall be employed in excess of forty ( 40) hours in one 

week, or eight (8) hours in any twenty-four (24) hour period, except 

that during any six (6) weeks in any six (6) months period employees may be employed not more than forty-eight ( 48) hours per 

week, providing one and one-half times the normal rate of pay shall 

be paid for hours worked in excess of eight (8) hours per day and 

forty ( 40) hours per week. The foregoing limitations shall not 

apply to: 

(149) 
150 

(a) Tho e employed in executive and managerial capacity and 

service engineers when and as long as their expen es are paid by 

their employers, who regularly receive thirty-five (35) dollars or 

more per week. 

(b) Outside sale men. 

(c) Employees eno-aged solely at maintenance and repair work, 

truckmen, firemen and engineers, who may be permitted to work not 

more than nine (9) hours in any one day, or forty-four (44) hours 

in any one week. These employees may also be permitted to work 

forty-eight (4 ) hours per week during any six (6) weeks in any 

six (6) month period. One and one-half times the normal rate of 

pay shall ~ paid per ons embraced in this sub- ection (c) for hours 

worked in excess of eight (8) hours per day or forty ( 40) hours per 

week. 

(d) \V.atchmen who may be employed not more than fifty-six (56) 

hours in any one (1) week, except watchmen in clo ed plants to 

whom hourly limitation hall not apply. 

(e) Ca es of emergency such as the production of equipment or 

repairs for breakdown service or where the re triction of hours of 

skille l workers would una oiclably reduce production or limit the 

work available to other worker . One and one-half time the normal 

rate of pay shall be paid per on embraced in thi ub ection (e) for 

hours worked in exce s of eight ( 8) hours per clay or forty ( 40) hours 

per week. 

SECTION 2. No accounting, clerical or office employee shall be employed in exces of forty (40) hours a week or nine (9) hours per day. 

Eight ( 8) hours hall con titute a normal working day. 

SECTION 3. No employer shall knowingly permit any employee to 

work for any time which when totaled with that already performed 

with another employer or employers exceed the maxima permitted 

herein. 

SECTION 4. No employees shall be permitted to work more than six 

(6) days in any seven (7) day period. 

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid at less than the rate of forty 

(40) cents per hour, except that: 

(a) Accounting, clerical and office employees may be paid at not 

le s than fifteen ( 15) dollars per week. 

(b) Office boys and office girls may be paid at not less than eighty 

( 80) pe·rcent of the above provided minin1um wage for accounting 

clerical and office employees, provided that the total number of 

such office boy and office girls receiving less than such minmum wage 

shall not exceed, in any calendar month more than five (5) percent 

of the total number of office employees of the emplo} er except that 

any employer may employ at least two (2) such persons as above 

provided. 

(c) Bona fide apprentices employed under a system or cour e of 

training whi~h~ when completed, will make the apprentice a skilled 

mechanic, may be paid not less than eighty (80) percent of the minimum wages herein provided during the first s1x months of employment. At no time shall new apprentices be admitted to apprentice-
151 

ship by any employer when such action will bring their total number 

to more than five (5) percent of the total number of factory 

employees, of such employer. 

SECTION 2. This Article establishe a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time rate, piece-work, or other ba is. 

SECTION 3. The Code Authority may present for approval of the 

Administrator, ~fter notice and hearing, recommendations as to 

upward adjustments in minimum wages for specific localities. 

SECTION 4. Equitable adjustment of compen .... ation of employees 

receiving more than the minimum rates of pay herein prescribed 

shall be made by all employers who have not heretofore made such 

adjustments, and all employers shall within sixty (60) days after 

approval of this Code, report in full to the Code Authority concerning such adjustments whether made prior to or subsequent to such 

approval; provided, however., that in on event shall hourly rates of 

pay be reduced. 

SECTION 5. Female employees performing substantially the same 

work as male employees shall receive the same rate of pay as male 

employees. 

SECTION 6. A person whose earning capacity is limited because of 

age, physical or mental handicap or other infirmity, may be employed on light work at a wage below the minimum established by 

this Code, if the employer obtains from the State Authority, designated by the United State Department of Labor, a certificate authorizing such person's employment at such wages and for such hour as 

shall be stated in the certificate. Such authority shall be guided by 

the instructions of the United States Department of Labor in issuing 

certificates to such persons. Each employer shall file monthly with 

the Col Authority a li t of all such persons employed by him, 

showing the 1vages paid to, and the maximum hours of work for such 

employee. 

SECTION 7. Wag-es shall be exempt from any payments for pensions, insurance, or sick benefits other than those voluntarily paid by 

the wage earner , or required by law. W aaes shall be paid at least 

semi-monthly and salaries at least at the end of every month. 

SECTION 8. The employer or his agent shall accept no rebates directly or indir ctly on such wages nor give anything of value or 

extend favors to any person for the purpose of influencing rates of 

wages or the working conditions of his employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen ( 16) years of age shall be 

employed in the industry. No person under eighteen (18) years of 

age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator within ninety (90) days after the effective date of the Code a list of such operations or occupations. In 

any State an employer shall be deemed to have complied with this 

provision as to age if he shall have on file a certificate or permit duly 

signed by the authority in any State empowered to issue employment 

70514°----657-164~--34----2 
152 

or age certificates or permits showing that the employee is of the 

required age. 

SECTION 2. In compliance with Section 7 (a) of the Act it is 

provided that: 

(a) Employees shall have the right to organize and bargain collectively through r epresentati\ .. es of their own choosing, and shall he 

free from. the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in ·elf-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aiel or protection. 

(b) No employee and no one seeking employment shall he required a a condition of mployment to join any company union or 

to refrain from joinino·, organizing, or assi ting a labor organization 

of his own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rate of pay, and other condition of employment, approved 

or pr cribed by the Pre ident. 

SECTION 3. No employer hall reclassify employee or duties of 

occupations performed or engage in any other ubterfuo· for the 

purpo e of defeating the purpo ·. or provisions of the Act or of 

this Code. SECTION 4. Every employer shall provi ie for the safety and health 

of employees during the hours and at the places of their employment. Standards for safety and health shall be submitted by the 

Code Authority to the Admini trator within ix ( 6) month after 

the effective date of this Code. 

SECTION 5. No provision in this Code shall uper.sed any State 

or Federal law which imposes more trino·ent requirement on employers as to age of employees, wages, hour · of work, or a to afety, 

sanitary or general working condition , or insurance, or fire protection, than are imposed by this Code. 

SEcTr N G. All employers shall comply with the rule and regulations i ued from bme to time by the Admini trator, with re pect t() 

posting notices, bulletins, and extracts from thi Code. 

ARTICLE VI-Anl\IINISTR.A TIO~ 

SECTION 1. To effectuate further the policies of the Act, a Code 

Authority is hereby constituted to cooperate with the A iministrator 

in the administration of this Code. 

SECTION 2. The Code Authority shall con ist of three persons or 

such other number as may be approved, fron1. time to time by the 

Admini trator, duly elected by majority vote of the Industry. The 

Admini trator, in his discretion, may appoint not more than three 

(3) additional members without vote or expense to the industry to 

serve for such term or terms as he may specify. 

SECTION 3. The Code Authority shall have the following further 

powers and duties to the extent permitted by the Act. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of the 

Act. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and for f acilitating the enforcement of 

the Code. 
153 

(c) To appoint committees to carry out its duties such as the 

following: Administration, Compliance, Finance, Industrial Relations, Trade Relations, Subdivisional, and such other committees as 

may be required. 

(d) To obtain from members of the industry such information and 

reports (sworn or unsworn as the Code Authority may specify) as 

are required for the administration of the Code. No individual 

information, statistics or reports shall be disclosed to any other 

member of the industry or any other party except to such governmental agencies as may be directed by the Administrator. 

(e) To establish, if found desirable, classifications, dimensional 

standards, and quality andj or performance specifications for products of the industry. 

(f) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein; provided, that noth!ng her'.\in shall relieve the Code Authority of its duties or responsibilities under this Code and that such 

trade associations and agencies shall at all time be ubiect to and 

comply with the provisions hereof. 

(g) To make recommendations to the Administrator for the coordination of the administration of this Code with such other code , if 

any, as may be related to the industry. 

(h) To cooperate with the Admini trator in regulating the use 

of any N .R.A. insignia. 

(i) To recommend to the Administrator further fair trade practice provisions to govern members of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. (j) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the industry for the purpose of formulating fair 

trade practices to govern the relationships between production and 

distribution employees under this Code and under such others to 

the end that such fair trade practices may be proposed to the Administrator as amendments to this Code anr:1 such other codes. SEcTION 4. The Code Authority shall cause to be fonnulated an 

accounting system and 1nethods of cost finding andjor estimating 

capable of use by all members of the industry. After such system 

and methods have been formulated and approYed by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members shall determine and/ or estimate 

costs in accordance with the principles of such methods. 

SECTION 5. In order that the Code Authority shall at all times be 

truly representative of the industry and in other respects comply 

with the provisions of the Act, the Administrator may prescribe such 

hearings as he may deem proper; and thereafter if he shall find the 

Code Authority is not truly representative or does not in other 

respects comply with the provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. SECTION 6. The Institute or any other trade association, directly 

or indirectly participating in the selection or activities of the Code 

Authority shall (1) impose no inequitable restrictions on member-
154 

ship, and (2) submit to the Administrator true copies o£ its articles 

of asso"iation by-law , regulations, and any amendm· nts when made 

thereto, together \Yith such other information as to member hip, organization and actiYitie · us the Administrator may deem necessary 

to effectuate the purpo e of the Act. 

SECTION 7. In addition to the information required to be submitted to the Code Autho1·ity, all or any of the per ons ubject to 

this Code shall furnish such tatistical information as the Administrator may deem nece sary for the purposes recited in Section 

(3) (a) of aid Act to uch Federal and State agencie a the 

Admin! trator may desianate; nor ·hall anything in this Code relieve 

any per on of any exiting obligation to furnish reports to Go\ ernment agencies. 

SECTI N 8. It b in<r found n es. ary, in order to SUI port the 

admini tration of thi. Code and to maintain the tandar l · of fair 

competition e tabli heel by thi · ode and to cffc tuate th policy of 

thA Act, the Code Authority is authorized, ubject t the approval 

of the Administrator: 

(a) To incur such r asonabl obligation. a are nece ary and 

proper for the foregoing I urpo ·e. anl to meet . uch obligation · out 

of fund · \vhich may b rai eel a.· her inafter proYided and. ' hich 

shall ~ held in trn t f r the purpo e of the Code; 

(b) To submit to the Aclminj.trat r for his ar proYal, subject 

to such noti < ncl PI ortunity t be h arcl as h may leem n ce. sary, 

(1) an itemized bu lg t of its e. -tim at cl ex pen · for the for O'Oing 

purpo e ·, and (2) an e 1uitable ba:is upon which the fun l · ue ~ ary 

to support such budget shall be contributed by memb r · of the 

in cl ustr ; 

(c) After such budget and basis of contribution have been approved by the Admini ti·ator to cletermine and ecur·e quitable contribution a above t forth by all ·u h member of the industry, 

and to that end, if nece ary, to in titute legal pro e ling therefor 

in it own name. 

SECTION D. Only m mber of the indu. try complying with the 

Code and contributing to the expen e of it admini. tration a provided in :::> ction 8 hereof shall b entitled to participate in th selection of the memb rs of the Code Authority or to receive the benefit 

of its voluntary activities or to make uc;e of any emblem or in 'ignia 

of the National RecoYery Ac1mini tration. · 

SECTION 10. Nothing contained in this Code hall con titute the 

members of the Code Authority partner for any puq ose. Nor 

shall this Code he con trued to render any member of the Code 

Authority liable in any manner to anyone for any act of any other 

member, officer, agent or employee of the Code Authority. Nor 

shall this Code he con. trued to render any member of the Code 

Authority, exerci ing reasonable diligence in the conduct of his 

duti s hereunder liable to anyone for any action or omi ·sion to act 

under this Code, except for his own willful misfeasance or nonfea ance. 

SECTION 11. The Code Authority may from time to time a conditions in th in lustry warrant consider proposals for ~mendments 

or modifications of thi Code and may make recommendatiOns thereon 
155 

to the Administrator, which amendments or modifications will 

become effective as part of the Code upon approval by the Administrator after such notice and hearing as he may specify. 

SEOTION 12. If the Administrator shall determine that any action 

o:f the Code Authority or any agency thereof may be unfair or 

unjust or contrary to the public interest, the Administrator may 

require that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consideration 

by the Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

£ail to disapprove after thirty (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 

ARTICLE VII-GENERAL PROVISIONS 

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) _.o£ Section 10 of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule or regulation issued under Title I of said 

Act and specifically, but without limitation, to the right of the 

President to cancel or modify his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

SEOTION 2. This Code, except as to provisions required by the Act, 

may be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Ad. 

ministrator and such notice and hearing as he shall specify, and to 

become effective on approval of the President andjor Administrator. 

ARTICLE VIII-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

and are prohibited: 

SECTION 1. False Marhing or Branding.-The false marking or 

branding of any product of the industry which has the tendency 

to mislead or deceive customers or prospective customers whether 

as to the grade, quality, quantity, substance, character, nature, origin, 

size, finish or preparation of any product of the industry, or 

otherwise. 

SECTION 2. jJfis?~epresentation or False or Muleaxling Aclvet'tising.-The making or causing or permitting to be made or published 

any materially false, inaccurate or deceptive statement by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity, substance, character, nature, origin, size, finish or preparation of any product of the industry, or the credit terms, values, 

policies or services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers or prospective customers. 

SECTION 3. 0 01TW7w·rcial Bribery.-N o member of the industry shall 

give, permit to be given or directly offer to .give, anything of value 

for the purpose of influencing or rewarding the action of any employee, agent or representative of another in relation to the business 
156 

of the employer of such employee, the principal of such agent or the 

represented party, without the lmowled~e of such employer, principal or party. This shall not be construed to prohibit free and 

general distribution of articles commonly used for advertising except 

so far as such articles are actually used for commercial bnbery as 

hereinabove defined. 

SECTION 4. Interference u·ith Contractual R elations.-Maliciously 

inducing or attempting to induce the breach of an existing oral or 

written contract between a competitor and his customer or source 

of supply, or interfering with or obstructing the performance of 

any such contractual duties or services. 

SECTION 5. S ecret R ebates.-"\' ithholding from or in erting in any 

invoice a false record, wholly or in part, of the tran action represented on the face thereof, and the payment or allowance of secret 

rebates1• secret refunds, secret credits, unearned discounts (whether 

in the form of money or otherwise), or the extension to certain purchasers of prices, services or privileges not extended to all purchasers 

under like conditions. 

SECTION 6. Giving of Prizes, Premium-S or Gifts.-The offering 

or giving of prizes, premiums or gifts in connection with the ale of 

products, or as an inducement thereto, by any scheme which involves 

lottery, misrepre entation or fraud. 

SECTION 7. Defwnation.-The defamation of competitors by falsely 

imputing to them dishonorable conduct, inability to perform contract , questionable credit standing, or by other false repre entations 

or by the false disparagement of the grade or quality of their goods. 

SECTION 8. Threats of Law Suits.-Publishing or circulating unjustified or unwarranted threat of legal proceeding which tend to 

or have the effect of harassing com.petitors or intimidating their 

customers. 

SECTION 9. Espionage of Oompetitors.-Securing confidential information from a competitor concerning his busine s by a false or 

misleading stat ment or representation, by a false impersonation of 

one in authority, by bribery, or by any other unfair method. 

SECTION 10. Piracy of Trade Marks and Trade Names.-The imitation of a trade mark, trade name, slogan, or the other marks of 

identification of a competitor, having the tendency and capacity to 

confuse, mislead or deceive purchasers in reference to origin of the 

products. 

SECTION 11. No employer shall sell or exchange any product of the 

industry manufactured by him, at a price or upon terms and condi- tions which will result in the purchaser paying for the goods 

received less than the lowest allowable cost thereof to the seller, 

determined in accordance with the systems and methods of costing 

formulated under the provisions of Section 4 of Article VI; provided, however, that dropped lines, distress merchandise or seconds 

may be disposed of by any employer, at any price and on any 

terms and conditions, but only if such employer, not less than two 

weeks before such disposal, has filed with the Code Authority, a 

statement in writing, setting forth the fact of, and reasons for, such 

proposed disposal ; and provided further, that a member of the 

industry selling or wishing to sell below his own allowable cost to 

meet the competition of a competitor whose allowable costs are 
157 

lower, may do so provided that he has first so reported to the Code 

Authority and in such report has cited the facts of the competition 

which caused him to take such action. 1 

SECTION 12. Other Unfair Practices.-Nothing in this Code shall 

limit the effect of any adjudication by the Courts or holding by the 

Federal Trade Commission on complaint, finding, and order, that 

any practice or method is unfair, providing that such adjudication 

or holding is not inconsistent with any provision of the Act. 

ARTICLE IX-PRICE Gu .ARANTEE 

SECTION 1. The sale of the products of the industry shall be on 

a calendar quarterly basis, at the prices effective on date of acceptance of order in that calendar quarter for shipment in that 

calendar quarter. Any orders accepted by a member of the industry in a given quarter for shipment in a later quarter shall be invoiced at the prices effective on date of shipment, and the acceptance 

and/or invoicing of orders on any other basis shall be an unfair 

method of competition, except that: 

(a) Ord·ers which include specifications of styles and types, sizes, 

quantities and finishes for products of this industry, for specific 

heating, ventilating and/ or cooling installations, and in which the 

nan1:e of the owner and location of projects in which such products 

will be installed, are given in the order, may be accepted for delivery at the prices in effect at the date the order is placed :for 

delivery within three (3) months after the date such order is placed. 

(b) Orders describe-d in Section 1, paragraph .a are not to be subject to cancellation or change in types, styles or materials without 

adequate compensation for material used and work performed. 

(c) If complete specifications for any portion of the order are 

not received within three (3) months from the date of the order, 

then that portion of the order for which specifications have not been 

given within three (3) months shall be invoiced at prices in effect 

at the time complete specifications are received. 

(d) Members o:£ the indw:ttry shall publish separate schedules of 

quantity discounts covering multilouvre registers, face v.lates andjor 

wall frames when such products are required for one building proJect 

(other than private residences) the location and owner of which are 

specifically stated and when the total of the list prices of the products 

involved is not less than Five Hundred Dollars ($500.00). 

ARTICLE X-DEFINITIONS OF PURCHASERS 

SECTION 1. A "Manufacturer" or "member oi the industry" includes anyone engaged in the industry, either as an employer or on 

his or its own behalf, as defined in Section 1, Article II. 

SECTION 2. A "Jobber" is defined as anyone who purchases the 

products from manufacturers of this industry for resale to others 

than consumers, for :further resale by those to whom the jobber sells; 

except that all Warm-Air Furnace Manufacturers shall be classified 

as jobbers. 

1 See paragraph 2 of order approving this Code. 
158 

SECTION 3. A " Dealer " is defined as one who purchases the products from manufacturers of this industry for resale to the consumer 

and/or for installation in connection with such sale. 

SECTION 4. If any application of these definitions should work a 

hardship upon any member of the industry, or any customer, such 

member of the industry, or customer, may appeal to the Code Authority, which shall have power to grant such relief as justice may 

require subject to the approval of the Admini trator. If the Code 

. Authority should deny relief or should fail to take action upon such 

application within fourteen (14) days after the receipt of same, such 

member or customer may appeal to the Administrator who shall have 

power to grant relief. 

·ARTICLE XI-PuBLICITY oF PRICEs, TERMS AND Co:NDITIONS oF SALE 

SECTION 1. (a) Within fourteen (14) da)s after the effective date 

of thi Code each member of the industry shall publish his prices, 

terms, and conditions of sale on all products, with the prices, terms, 

and conditions of sale affecting ach such cla s of trade in the territory to which such prices, terms, and conditions of sale apply. 

Coincident with such publication each member of the indu try hall 

file with the Code Authority and the Code Authority hall immediately di tribute to all member of the indu try a complete chedule 

of such prices, terms, and conditions of sale which hall also be made 

available to all members of the trade to which it is applicable. 

(b) Provided, however, that any user of registers who e average 

pur hases of products of the indu try as defined in this Code dm·ing 

the preceding four years exceeded 50,000 pieces per year may be 

sold at prices, discounts or terms different from those hown on the 

schedule and no schedule need be published covering such user . 

2 

SECTION 2. In the event of any change by any member of the 

industry in any price, terms, or conditions of sale, he shall file full 

and complete copies of every change with the Code Authority, all 

such changes shall become effective immediately upon such filing 

unless and until the Code Authority shall designate periods within 

which any such changes shall become effective, subject to the approval of the Admini trator, but in no case shall any such period 

exceed six ( 6) days after the date of the filing of the change. Copies 

of all changes filed shall be immediately distributed by the Code 

Authority to the members of the industry. Information on such 

price changes shall be available to the trade to which it is applicable, 

on the effective date of such change and each n1ember shall coincidentally file such information in the office designated by the Code 

Authority for immediate distribution by the Code Authority to the 

members of the industry. 

SECTION 3. In the event that any member of the industry shall not 

receive sufficient notice of the filing by any other member of any 

change in prices or terms and conditions of sale as will enable the 

member first mentioned to meet the said change on the effective date 

thereof, such member may file with the Code Authority such changes 

in his prices, terms, and conditions of sale as may be required to meet 

the change filed by the other member. Changes so filed shall becc·me 

2 See paragraph 2 ot order approving this Code. 
159 

effective on the same date as the effective date of the change of the 

member first filing as aforesaid, or if such change has already become 

effective, then the changes subsequently filed shall become effective 

immediately. 

SECTION 4. No member of the industry shall sell, pay a rebate, or 

allow a deduction at any time to any person except in accordance with 

his prices, terms, and conditions of sale then in effect and published 

in the manner described herein. Each member of the industry shall 

ha' e the right, individually, to publish new prices, terms, and conditions of sale, from time to time, as herein provided. 

ARTICLE XII-TERMS AND CASH DISCOUNTS 

SECTION 1. In order that the terms of this industry shall be uniform; no mmnber will consign any merchandise on any basis and all 

existing consignment arrangements shall terminate on or before sixty 

(60) days after the effective date of the Code; shall not redate any 

part of any invoice. The ~rms in this industry shall be as follows: 

(a) Two (2) per cent discount ten (10) days; net due thirty (30) 

days from date of invoice; optional two (2) per cent discount, tenth 

of month proximo. 

(b) On orders for a total of five hundred ( 500) or more registers, 

register faces, metal cold -air f aces, borders, intakes, wall frames, 

pipeless furnace grating~ adjustable venti,lators, pla{!ed between 

January first and April hrst for one shipment to one destination, 

terms are as follows : 

July first dating: Net due August first, subject to cash discount 

of two (2) per cent on July lOth. 

Prepayment discount of one half of one ( 1) per cent per month 

from date of payment to July first. 

(c) Any sales at other than the cash discounts and terms described 

in this section shall be considered as an unfair trade practice and is 

a violation of the Code. Adjustable Ventilators and Double Head 

Registers or Intakes are to be considered each as two pieces for 

quantity and freight allowance. 

SECTION 2. The Code Authority is authorized to establish a credit 

information service for the benefit of the industry and, after due 

notice, to require that every member of the industry report monthly 

the names, amounts due, and dates of shipments to any purchasers 

of the products of the industry who have failed to pay for any 

product of this industry within ninety (90) days from the date of 

maturity. This information shall be immediately distributed to 

the trade classification of the industry from which it was received. 

ARTrOLE XIII-MoNoroLrns, ETc. 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XIV 

This Code shall become effective on the second Monday after its 

approval by the President of the United States. 

, 
APPENDIX A 

DEFINITIONS OF THEJ PRODUCTS OF THE INDUSTRY 

Register: A register is a metal covering of open design, atta~hed to movable 

valves or shutters u ually placed in the wall, floor, or ceiling of a room for 

admitting or excluding warm or cold air or for controlling ventilation. The 

term "Register" includes the face plate of cast or wrouO'ht metal, sometimes 

ornamental, to which is attached movable valve, valves or butters and a device 

fo:r operating the same. 

Register face: A metal covering of open design for air inlet or outlet having 

an opening for operating lever, and screw holes for attaching to valve, valves 

or shutters to make a. regi ·ter. It may be made of ca t or wrought metal and 

may be of plain or ornamental de ign. It has no attachm~nts or means to 

control flow of air. 

Cold air face: A metal plate having openings for the pas age of air, designed 

to b installed in th floor, to permit the cold air to r turn to the furnace 

or to permit the warm air to return to the furnace when the y tem is u ed 

for cooling. 

Floor border: A metal frame, usually installed in an opentn ... made in the 

floor. It has interior flanges so that ither a register, r gister face, or grille 

may be , et thereon. 

Intake: A metal covering for air inlet or outlet with openings therein designed to permit the delivery of air from the furnace, or the return of air 

to the furnace, wh ther uch system be u ed for heating only or heating and 

cooling. 

Pip 1 . s furnace grating: "Pipele s furnaces are warm-air furnaces installed 

with one warm-air pipe runnin ... vertically directly to th room above the 

furnace. A pipele furnace grating is the grille u ually in. tailed in the floor, 

to cov r the warm-air pipe opening of such furnace and i u. ually furni bed 

with a round or quare collar on its bottom surface, to which the warm-air 

pipe of the warm-air furnace may be connected. 

Wall frame: A metal frame to be inserted in an opening in the wall, s~ured 

thereto, and to which a grille or register may be attach d by means of screws 

or othen,·ise. 

Adjustable ventilator: Two regi ters or register faces join~d by intervening 

adju table telescoping metai boxes or tubes to provide an opening through 

which air may be cir ulated from one room to another. 

Double head register : Two metal baseboard or wall registers usually set 

on opposite sides of wall with connecting box designed to regulate flow of 

a ir (inlet or outlet). It may be made of cast or wrought metal and be of 

plain or ornamental design. 

Approved Code No. 472. 

Registry No. 1118-12. 

(160) 

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