v 

Approved Code No. 25-Amendment No.2 Registry No. 1125-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE ( 

OIL BURNER INDUSTRY 

AS APPROVED ON SEPTEMBER 17, 1934 

WE DO OUR PART 

. ..... ..... 

,.,, o-=~ ........... . ·; 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 25- Amendment No.2 

AMENDMENT TO CODE OF FAIR COl\1PETITION 

FOR THE 

OIL BURNER INDUSTRY 

As Approved on September 17, 1934 

ORDER 

APPROVING MoDIFICATIONS oF THE ConE OF FAIR CoMPETITION FOR THE 

OIL BuRNER INDUSTRY 

An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industria] 

Recovery Act, approved June 16, 1933, for approval of modifications 

to a Code of Fair Competition for tho Oil Burner Industry, and 

opportunity to be heard having been noticed to all interested parties 

and the annexed report on said modifications, containing findings 

with respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the :President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the Presi-. 

dent, including Executive Order No. 6543-A, dated December 30; 

1933, and otherwise; do hereby incorporate, by reference, said annexed report and do find that said modifications and the Code as 

constituted after being modified comply 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 modifications be and 

they are hereby approved, and that the previous approval of said 

Code is hereby modified to include an approval of said Code in its 

entirety as modified. 

HuGHS. JoHNSoN, 

Administrator for Industrial R ecovery. 

Approval recommended : 

BARTON vV. J\1uRRAY, 

Division Ad)ministTator. 

VVASHINGTON, D.C., 

Septe1nbeT 17, 1934. 

86455°----1181-70----34 (1) 
REPORT TO THE PRESIDENT 

Tht. PRESIDE KT, 

The 1V hite Ji O'Us e. 

Sm: This is u r ep ort on the modifications to the Code of Fair Com- petition for the Oil Burne;: In 1ustry, ~s revj ~e cl after notice of 

opp r~unity to be heard, publi-·hec1 ~\.ngu t 7, 193±, in ::tccordance with 

Article VII of said Code n · nppro1·ec1 on September 18, 1933. 

The modifications, ·which include asses ment provisions an l provide for a new Code 'l. .. uthority organization and election, will improve the administrr.tion of this Code. 

FINDDWS 

The Deputy Administrator in his final report to me on said modifications to sai c1 CoL1c ha ,·ing fe nnel as herein set forth and on the 

basis of all the proc:ee:..1ings in thi. matter: 

I find that: 

(a) The modifications to said Code and the Code as modified are 

well de. ignecl to prom :,... the policies and purposes of Title I of the 

National Inclu trial Rc:coYery Act, including tho re111oval of obstructions to the free flow of inter tate 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 coop rative action among tratle groups, by inducing and maint::!.inino· united action of labor and management under ad quate 

governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest ]_Jossible utilization of the 

preseut productive capacity of industries, by avoiding undue re- striction of produ(\tion (except as may be temporarily required), by 

increa ing the consumptioa of industrial and agricultural products 

through increflsing purchasing pmver, by reducing and relieving unenlployment, by improYing standards of labor, and by otherwise 

1·ehabilitating industry. 

(b) The Coc1c as modified complies in all respects with the pertinent provi ·ions of . aiel Title of said \.ct, including without limitation 

Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the aforesaid modifications on behalf of the Industry as a whole. 

( cl) The modifications and the Code as modified arc not d-esigned 

to and will not permit monopolies or monopolistic practices. 

(e) The modification nnd the Code as modified are not de igned 

to and will n0t eliminate or oppres.s small enterprises and will not 

operate to discriminate against them. 

(£) Those engaged in other step of the economic process have 

not been deprived of the right to be heard prior to approval of- said 

modifications. 

For these reasons, these modifications have been approved by me. 

Respectfully, 

SEPTEMBER 17' 1934. 

(2) 

HuGHS. JoHNSON, 

Ad1ninistrator. 
MODIFICATION TO CODE OF F'AIR COMPETITION FOR 

THE OIL BURNER INDUSTRY 

PURPOSE 

Pursuant to Article VII of the Code of Fair Competition for the 

Oil Burner Industry, duly approved by the President on September 

18, 1933, and further to effectuate the policies of Title I of the 

National Industrial Recovery Act, the following modifications are 

. established as a part o£ said Code of Fair Competition and shall be 

binding upon every member of the Oil Burner Industry. 

ARTICLE II- PARTICIPATION 

Article I I is hereby deleted, and there is hereby added a new 

Article II titled "Assessments " to read as follows: 

ARTICLE II- AssESffi\!ENTS 

(a) It being found necessary in order to support the administration of this Code and to maintain the standards of fair competition 

established hereunder and to effectuate the policy of the Act, the 

Code Authority is authorized: 

1. To incur such rea onable obligations as are necessa ry and proper 

for the foregoing pnrpos"'s and to meet such obligations out of funds 

which may be raised as hereinafter provided and which shall be held 

in trust for the purpo e · of the Code. 

2. To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary 

(a) an itemized budget of its estimated expen es fol' the foregoing 

purposes, and (b) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry. 

3. After such budget and basis of contribution have been approved 

by the Administrator, to detennine and obtain equitable contribution as above set forth by all members of the Industry and to that 

end, if necessary, to institute legal proceedings therefor in its own 

name. 

(b) Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules- and 

regulations pertaining thereto issued by the Administrator. Only 

members of the Inclu try complying with the Code and contributing 

to the expenses of its administration as hereinabove provided, unless 

duly exempted from making such contributions, shall be entitled to 

participate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary activities or to make use 

of any emblem or insignia of the National Recovery Administration. 

(3) 
4 

(c) The Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in its 

approved budget; and shall in no event exceed the total amount contained in the approved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item 

for expenditures in excess of prior budget estimates except those 

which the Administrator shall have so approved. 

ARTICLE VII-AmvnNISTRATION OF CoDE 

In conformity with the last paragraph of the Executive Order of 

September 18, 1933, approving this Code, Article VII, Section 1 is 

hereby modified by deleting the second sentence and subparagraphs 

(a), (b), (c) , (d), (e) , and (f) and substituting in lieu thereof, the 

following provisions, to wit: 

(a) The Code Authority after October 1, 1934, shall consist of nine 

n1embers as follows: Five representatives of manufacturer members 

of the Industry and four representahves of dealer members o:f the 

Industry elected by members of the Industry. 

(b) Of the nine representatives of members of the Industry, there 

shall be at least one manufacturer representative and one dealer 

representative from each of the following four areas. The ninth 

member shall be a manufacturer representative selected from any 

one of the four areas. 

(1) Area 1 shall consist of the following states: 

1. Maine 4. Massachusetts 

2. New Hampshire 5. Connecticut 

3. Vermont 6. Rhode Island 

.• r 

7. New York 10. Delaware 

8. New Jersey 11. Ohio 

9. Pennsytmnia 12. West Virginia 

(2) Area 2 shall consist of the following states: 

1. Nebraska 4. Illinois 

2. Michigan 5. Wisconsin 

3. Indiana 6. Kansas 

7. Minnesota 10. Kentucky 

8. Iowa. 11. North Dakota 

9. Missouri 12. South Dakota 

' (3) Area 3 shall consist of the following states and city: 

1. Maryland & Washington, D. C. 

2. Virginia 

3. North Carolina 

4. South Carolina 

5. Tennessee 

6. Georgia 

7. Florida 10. Arkansas 

8. Alabama 11. Louisiana 

9. Mississippi 12. Texas 

( 4) Area 4 shall consist of the following state~: 

1. Montana 4. Oklahoma 

2. Wyoming 5. New Mexico 

3. Colorado 6. Arizona 

7. Utah 

8. Idaho 

9. Wasllington 

10. Oregon 

11. Nevada 

12. California 
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(c) Each of the nine representatives of members of the Industry 

shall have his principal place of business within the area from which 

he is elected. 

(d) Members of the Code Authority shall hold office for one (1) 

year from October 1, 1934, or until their successors have been elected 

and/ or selected and shall have qualified. The five representatives of 

manufacturer members may organize as a manufacturer division 

Code Authority, to act on manufacturer problems only. The four 

representatives of dealer members may organize as a dealer division 

of the Code Authority, to act on dealer problems only. As there is 

an even number of dealer representatives provided for, in the case 

of a tie vote on any matter, the subject shall be referred to the Code 

Authority, sitting as a whole. 

(e) In addition to membership as above provided, there shall be 

not more than thre.e (3) members \vithout vote, to be known as Administration JYiem.bers, to be appointed by the Administrator to serve 

for such terms as he may specify. 

N 01nination and Election 

On or before September 6, 1934, the Code Authority shall nominate e~ghteen qualified members, subject to the disapproval of the Administrator. The names of these nominees, consisting of two (2) 

manufacturers and two (2) dealers from each of the four (4) areas 

and two (2) other manufacturers, shall be submitted within ten (10) 

days of approval of these modifications by the Administrator to all 

known members of the Industry on a ballot which shall contain nine 

blank spaces in which the names of persons other than those nominated may be written in. At the time the ballots are mailed to the 

Industry, the Code Authority shall call meetings in each of the four 

areas under the supervision of a temporary chairman, designated by 

the Chairman of the Code Authority. At such meetings other nominations than those made by the Code Authority may be made from 

the floor for candidates from that particular area. Each manufacturer member shall vote for five ( 5), and no more, manufacturer 

members from among those nominated or by writing in the names of 

persons of his own choice. Each dealer member shall vote for one 

(1), and no more, dealer representative from the area in which he 

has his principal place of business, from anwng those nominated or 

by writing in the name of the person of his own choice. These 

ballots to be valid sh'all be returned to the Secretary of the Code 

Authority on or before September 30, 1934, and shall be counted by 

the Secretary and two members of the Industry designated as tellers 

by the Chairman of the Code Authority. The nine qualified persons 

receiving the highest number of votes as provided above shall be 

declared elected. 

Approved Code No. 25-Amendment No. 2. 

Registry No. 1125-01. 

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UNIVERSITY OF FLORIDA 

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