NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WOOD TANK INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

REGISTRY No. 323-01 

The Code for the Wood Tank Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this \ndustry 

WE DO OUR P~T 

" ----

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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TENTATIVE CODE OF FAIR COMPETITION FOR THE WOOD 

TANK INDUSTRY 

FORMULATED IN ACCORDANCE WITH THE REQUIREMENTS OF 

THE NATIONAL INDUSTRIAL RECOVERY ACT 

PREAMBLE 

In order that labor may be reem.ployed, wages returned to a 

reasonable level and the merchandising of its products placed upon 

a profitable basis, this Code of Fair Competition is submitted in 

behalf of the Wood Tanlc Industry. 

At a meeting held in New York City, August 18, 1933, attended 

by a number of leading manufacturers of Wooden Tanks a Code of 

Fair Business Practice was set up. 

In the form in which it is :finally approved by the President of the 

United States, this Code of Fair Competition will become mandatory 

upon the Wood Tank Industries throughout the United States. 

ARTICLE I-DEFINITIONS 

1. Wood Tank Manufacturers means any person regularly conducting the business of manufacturing Tanl{:s and such accessories as 

now or have been manufactured or assembled and used in connection therewith, and maintaining a sales and service organization for 

the selling, erecting, building, setting up or servicing of the equipment sold. 

2. Tanks mean any type of Wood Tank of whatsoever construction 

for the purpose of storing water and all other types of liquids, semiliquids, or solids. 

3. "Person" means any natural person, partnership, association, 

-Or corporation. 

4. "Board" means the Board of Directors comprising representatives of the industry representing all sections of the United 

States. 

ARTICLE 2-ADMINISTRATION 

1. For the purpose of Administration of this Code the Board is 

hereby directed and empowered, subject to the approval of the 

National Recovery Administration, to make rules, regulations, and 

interpretations, including trade practices necessary for the administration and enforcement of this Code and shall be responEible 

for maintaining strict conformity to the Code as adopted and/or 

modified. _ 

2. Every person subject to this Code shall pay his proportionate 

share of the costs incident to the preparation, promulgation, 

purposes, administration, and enforcement thereof; such costs shall 

be prorated, assessed, and collected from all such persons in accordance 

with the actual reasonable requirements of the Code. 

8182-33 (1) 
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3. Membership in the Wood Tank Association shall be open to any 

person engaged in the manufacture of Wooden Tanks and such 

accessories thereof. E ach and every person, member or nonmember 

of this Association shall be bound by the provisions of this Code and 

t he rules and regulations issued thereunder, and shall be compelled to 

adhere to such penalties as may be prescribed by law. ~o inequitable 

restrictions on admission to membership in this Association are or 

may be imposed by this Association. 

ARTICLE 3-LABOR 

1. As required by title I, Section 7 (a) of the National Industrial 

Recovery Act, it is agreed: 

(a) 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; 

(b) 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 organization 

of his own choosing; and 

(c) That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President of the United States. 

(d) It is clearly understood that nothing in this Code shall impair 

in any particular, rights of the employee and employer to bargain 

individually or collectively as may be mutually satisfactory to them. 

(e) Nothing in this Code is to impair the rights of employer to 

freedom in the selection, retention, and advancement of employees on 

the basis of merit. 

2. No person under 16 years of age shall be employed. 

3. (a) Maximum hours of labor.-The maximum hours of labor of 

employees subject to the jurisdiction of this Code shall be exclusive of 

executives, office and supervisory staff, salesmen, engineers, yard 

managers, watchmen, and learners (apprentices) between 16 and 20 

years of age, and who have been in the employ of a person prior to 

July 12, 1933, except that where any owner, partner, stockholder, or 

manager performs any of the functions of labor, except office or 

executive work, he shall be bound to observe the maximum hours and 

shall be paid at least the established hourly rates of pay for the 

classification of labor performed. 

(b) Under no circumstances shall any hourly rates of pay, for any 

class of labor, be reduced below that in effect on June 16, 1933. 

(c) In the event of abrupt violent fluctuation in volume of business, 

it is proposed that some reasonable latitude may be provided for, 

and that during such rush season in maximum-hour provisions in this 

Code. It is therefore agreed that the number of hours of work per 

week may be averaged during such rush period, but no more than 48 

hours per week, at all other times not over 44 hours per week, and 

at no time shall any employee be called upon to work more than 8 

hours in any one day. 
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ARTICLE 4-MINIMUM WAGES 

The minimum wages which shall be paid by persons in this industry, 

subject to the jurisdiction of this Code, shall be not less than 35¢ 

per hour. It is agreed that this paragraph establishes a guaranteed 

minimum rate of pay regardless of whether the employee is compensated on the basis of a time rate or otherwise performed, excepting 

learners (apprentices over 16 years of age and under 20 years, taking 

3 years' course) who have been in the employ of a person prior to 

July 12, 1933, shall be paid 40% of the minimum wage the first 6 

months of their employment; 50% the second 6 months; 60% the 

third 6 months; 70% the fourth 6 months; 80% the fifth 6 months; 

and the full minimum wages the last 6 months of the three-year 

course. And no new learners shall be employed. 

ARTICLE 5-CosT OF DoiNG BusiNESS 

Cost shall constitute replacement price of merchandise, transportation thereon, manufacturing, depreciation, depletion, obsolescence, interest on investment, selling and administrative expense. All 

manufacturers in this industry shall adopt a uniform cost system, 

determined by standard accounting practice to arrive at such cost. 

Cost shall be computed by the Board of Directors, and shall be 

approved by the NRA Administrator. No person in this industry 

shall sell his product below such reasonable cost. The Tank Administrative Board shall establish uniform cost accounting system, applicable to every section of the United States, and each person of 

this industry shall adhere to the uniform system adopted to the 

extent of incorporating in all calculations of cost all of the elements 

outlined herein. 

ARTICLE 6-BASIS OF FAIR SELLING PRICE 

1. Uniform Terms of Sale.-All contracts of sale shall be in writing and shall contain a definite statement of specifications, price, 

quality, terms of payment, time and place of delivery, a.nd all other 

items necessary to form a complete understanding. Definite standard terms of sale as published must be reasonably adhered to and the 

continued violation of such published terms by a person in this 

industry is a violation of tills Code. 

2. Absorption of Transportation Costs.-Standard, reasonable sales 

price shall be f.o.b. factory with hauling, or transportation added 

as a separate item to destination, and to be on a parity with railroad 

freight. The Tank Administrative Board shall adopt standard 

practices, binding upon all persons selling in all parts of the United 

States or foreign countries. 

ARTICLE 7-RuLES AND REGULATIONS TO PREVENT UNFAIR CoMPETITIVE PRACTICES 

1. Secret Rebates.-N o person in this industry shall make a seeret 

prepayment of transportation charges or permit the payment or 

allowance of secret rebates, so-called agency allowances to the purchaser, refunds, credits, or unearned discounts, whether in form of 

money or otherwise, or the giving of premiums, or extending to certain 
4 

purchasers special service or privilege not extended to all purchasers 

under like terms and conditions. 

2. Interference in Contracts.-N o person in these industries shall 

willfully interfere by any means or device whatsoever, in any existing 

con tract or order between a seller and a purchaser or sale of any 

product handled by the industry, or the performance of any contractual duty or service connected therewith, such interference tending to 

cause the breach of an existing contract or order and being for the 

purpose or with the effect of dissipating, destroying or appropriating, 

in whole or in part, the patronage, property, or business of another 

engaged in this industry. 

3. Defamation of Competitor.-N o person in these industries shall 

defame a competitor by words or acts, falsely imputing to his dishonorable conduct, inability to perform contracts or questionable 

credit standing, or by the false disparagement of the grade or quality 

of his material. 

4. Co'Tijormity with Specification Requirements.-No person engaged 

in this industry shall sell or offer for sale any product of the industry 

with intent to deceive customers or prospective customers, as to the 

quality , quantity, size, grade, or substance of each product. 

5. M isbranding.-No person in this industry shall mark or brand 

products of the industry for the purpose or with the effect of misleading or deceiving purchasers with respect to the quality, quantity, 

size, grade, or substance of the materials purchased. 

6. Payment of Commission to Customer or Prospective Customer.-No 

person in this industry shall pay or promise to pay, to a customer, to 

an employee of a customer or prospective customer, a commission or 

consideration of any character for the purpose of inducing, or compensating for a sale. 

7. Commercial Bribery.-No person in this industry shall offer or 

give commissions, prizes, premiums, gifts or excessive entertainment 

as an act of commercial bribery to anyone in connection with the sale, 

purchase, or use of his products, or as an inducement thereto, and no 

person shall offer engineering service without compensation. 

8. Enticement of Employees.-N o person in this industry shall entice 

employees from a competitor nor interfere with a competitor's business 

through the enticement of his employees. 

9. Misrepresentation.-N o person in this industry shall misrepresent the capacity of a tank, or tanks, or misrepresent a competitor's 

product by the showing of pictures or photographs of competitor's 

products, broken or destroyed. 

10. Fraud and 1.1isrepresentation.-No person in this industry shall 

make, cause, or permit to be made or published, any false, untrue, or 

deceptive statement by way of photograph, advertisement, or otherwise concerning grade, quality, character, nature, origin, manufacture, 

or preparation of products of a competitor. 

11. Patents, Trade l.farks, and Trade Names.-No person in this industry shall imitate the trade marks or trade names of a competitor 

which results· in deception to buyers and consumers, which may be an 

in vasion of property rights of such competitor. The circulation of 

threats of suits for infringement of patent or trade mark among customers of a competitor, not made in good faith, for the purpose of 

harassing and intimidating customers, is an unfair trade practice. 
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12. Guarantee -Misrepresentation. -No person in this industry shall 

make any statement either oral, written, or printed, for the purpose of 

having the effect of misleading or deceiving purchasers with respect to 

the quality, grade, longevity, brand, or substance of the goods purchased. Long contingent guarantees not backed by adequate 

resources are condemned. 

13. Enforcing observance by distributors and agents.-No person in 

this industry shall permit his products to be handled by a middleman 

or agent standing between producer and consumer who violates the 

provisions of this Code of Fair Competition. 

ARTICLE 8-GENERAL 

1. No provision in this Code shall be interpreted or implied in such 

manner as to: 

(a) Promote monopolies 

(b) Permit or encourage unfair competition 

(c) Eliminate or oppress shall enterprizes, or 

(d) Discriminate against small enterprizes. 

CJ This Code or any of its provisions may be cancelled or modified 

and any approved rule issued thereunder shall be in effect to any 

extent upon due conformity to any action of the President of the 

United States, under 9B of the National Industrial Recovery Act. 

3. Amendments to this Code may be proposed to the Tank Administrative Board or may be initiated by it and when approved by the 

said Board shall be effective, subject to approval by the President of 

the United States. 

4. Supplemental Code provisions affecting or pertaining to any 

change or alterations not inconsistent with the provisions of this Code 

may be recommended to the Administrator, such supplements shall 

have the same effect as any other provisions of this Code. 

5. Violations.-Any act that is deemed to be an unfair trade practice shall be considered as a violation of this Code and of the rules 

and regulations attached hereto and the act under which the Code is 

authorized. Violation by any person subject to any provisions of this 

Code or of any approved Code issued thereunder, or of any agreement 

entered into by him under this Code, is an unfair method of competition and the offender shall be subject to the penalties imposed by the 

National Industrial Recovery Act. 

ARTICLE 9-LIMITATIONS ON PLANTS, NEW PRODUCTION, AND 

DUMPING 

1. Already existing manufacturing facilities of this industry being 

for years past and at present more than adequate to the needs of the 

country; it is agreed that no new person beyond those already in 

operation in the Tank Industry may be established, unless it is determined by appropriate authority under the National Industrial 

Recovery Act that existing channels of distribution have failed to 

fulfil their responsibilities: Provided, however, That nothing herein 

shall prevent the sale and subsequent operation of plants engaged in 

the industry on the effective date of this Act or the passage of title by 

operation of law and their subsequent use. 
UNIVERSITY OF FLORIDA 

IIIII \IIIII Ill Ill IIIII IIIII II l\\ll\1111 Ill\ II IIIII\ Ill IIIII Ill I I 

6 3 1262 08855 7524 

2. A Planning Committee (9 in number) selected from the northern, 

southern, eastern, and western sections of the Uniterl States to study 

this problem and promulgate fair and reasonable rules to prevent 

overproduction and its resultant losses to the industry, labor, and the 

public at large. Its findings when approved by the Administrator 

shall be incorporated in and become a part hereof. 

3. Anti-Dumping.-To prevent dumping, from sources outside of 

the inrlustry, as well as within, which has been so prevalent during 

the past few years, any producer or dealer in the commodities used 

primarily by this industry or any person in this industry shall not sell 

such materials below the general market price established and prevailing where delivery is made. 

EFFECTIVE DATE 

If any provision of this Code is declared invalid or unenforceable, 

the remaining provisions shall remain in full force and effect the same 

as if they had been separately presented for approval by the President 

of the United States. 

This Code shall be in effect within 10 days after its approval by 

the President of the United States. 

The following Tank Manufacturers have approved the aforesaid 

code: 

Atlantic Tank Corporation, North Bergen, N.J. 

A. J. Corcoran, Inc., Jersey City, N.J. 

Amos H. Hall & Sons, Philadelphia, Pa. 

Hammond Tank & Lumber Co., San Francisco, Calif. 

Hydro & Chemical Tank Co., New York City. 

David Issex & Sons, Brooklyn, N.Y. 

Issex Bros., Brooklyn, N.Y. . Mayer Tank Manufacturing Co., Brooklyn, N.Y. 

New England Tank & Tower Co., Everett, Mass. 

J. Rosenwach, Brooklyn, N.Y. 

G. Woolford Wood Tank Manufacturing Co., Philadelphia, Pa. 

The Baltimore Cooperage Tank & Tower Co., Baltimore, Md. 

The above Code is respectfully submitted for approval or modification by the President of the United States. 

, 

Vice President a.nd Counsel 

Wood Tank Manufacturers of America. 

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