Registry No. l637a-06" 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

POULTRY EQUIPMENT 

INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

WI DO OUR PART 

0-: 

f . I • ----

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F 0, TO~ 

God.e-f or the Po---uftty Equipment 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 industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ABBINGTON : 1933 

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·~==============================~/ For sale by the Superintendent or Documents, Washi111ton, D.C. - - - - - - - - Price 5 ~ent& 
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SUBMITTED' BY 

POULTRY EQUIPMENT ASSOCIATION 

(II) 

.. ' it l 
CODE OF ETHICS AND PRACTICES FOR THE POULTRY 

EQUIPMENT ASSOCIATION 

AN AFFILIATED ORGANIZATION OF THE NATIONAL COUNCIL LIVE STOCK 

EQUIPMENT ASSOCIATIONS 

(Adopted at Chicago, August 11, 1933) 

PREAMBLE 

The Poultry Equipment Association, a national trade association 

for this industry r epresenting in its membership more than 75 percent 

of the production of Poultry Equipment in the United States, by 

action taken at a meeting in the City of Chicago on the 14th day 

of July 1933, does hereby subscribe to the policy, provisions, rules, 

and regulations of the National Industrial Recovery Act. 

The Poultry Equipment Association, by a majority vote at this 

n1eeting, decided to come under the provisions of this act which 

permit the voluntary adoption of a Code of Fair Competition and 

Practices and authorized the creation of an Executive Committee to 

draft a code which is to be presented to the Government for Presidential approval by the chairman of this Association acting as a 

member of the Executive Committee of the National Council Live 

Stock Equipment Associations. 

CONDITION OF THE INDU STRY 

The products of this industry are sold to the farmer, largely 

through dealers. Due to the limited buying power of the f armer, 

this industry has been in an abnormally depressed condition for the 

past several years. With the rapidly decreasing con umption of the 

products of this industry, competitive conditions have become extremely destructive, resulting in severe lo ·s of wages f or the worker, 

and in the de truction of capital values and cash reserves for the 

producer. 

WHAT CONSTITUTES POULTRY EQUIPME T 

P oultry E quipment, as u ed in this Code, includes the following 

item : 

Brooder toves and Cano1 y Broo lers, Battery Broo ler Stor age 

Brooder , F ini hino- Batteri . , Intermediate Batterie , and in fact 

Br ocl rs of any type or 1 ·cription whether heated by coal, oil li -

tillate, electri ity, or otherwi e; Hen Batterie or Layin°· Batt ri s 

and pen , ,v ood or !fetal F ee ling Pan ; Gah aniz d war e and Tin 

war of va rion la e ; Feeder , Troughs, or F e lino· D vi e , ,v ood 

or l\'.l tal Drinking Fountain ·, Trough , r Pan ; Gri t an l h 11 

I-lopper. , nfa on Jar ,vat r r a1Hl Fe cl r , Ego· Grader or Te t r , 

9114-33 ( l ) 
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Brooder Stove Pipe and Accessories, Leg Bands and Marking Devices, Parts or Accessories that enter into the manufacture of above 

equipment and all other equipment commonly used by the poultryman in caring for baby chicks, growing chicks, or flocks. 

ORGANIZATION 

This Association: is composed of manufacturers of Poultry Equipment and was organized in 1931. 

ASSOCIATION OFFICERS 

The present officers of the Poultry Equipment Association are as 

follows : President, VV. A. Zaloudek, Oakes Manufacturing Co., Tipton, Ind.; vice president, ,V. D. James, James Manufacturing Co., 

Fort Atkinson, ,Vis.; secretary-treasurer, L. J. Brower, Brower 

Manufacturing Co., Quincy, Ill. 

EXEICUTIVEI CO¥MIT'I'EIE 

The Executive Qommittee, as authorized by the Association at a 

meeting in the City of Chicago on October 11, 1932, consists of 

following: W. D. Harvey, Globe American Corporation, l{okomo, · 

In¢!.; A. R. Hill, Buckeye Incubator Co., Cleveland, Ohio; ,V. A. 

Zaloudek, O~kes Manufacturing Co., Tipton, Ind.; W. D. James, 

James Manufacturing Co., Fort Atkinson Wis.; L. J. Brower, 

Brow.er Manufacturing Co., Quincy, Ill. 

MEIMBERSHIP OF ASSOCIATIO 

The membership of the Poultry Equipment Association, representing more than 75 percent of the production of Poultry Equipment in the United States, includes the following companies: 

(List of members to be inserted.) 

Manufacturers of Poultry Equipment representing the balance 

of the production of Poultry Equipment in the United States, 

which have been invited to become members of this Association but 

have not yet affiliated as members, include the following companie : 

(List of nonmembers to be inserted.) 

So far as can be determined by this Association, the above lists 

0£ members and nonmembers include all of the factors engaged in 

this industry. 

The Poultry Equipment Association, in behalf of this industry, 

does hereby submit and ask for approval of the following Code of 

Ethics and Practices. 
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THE CODE 

ARTICLE I-PURPOSE 

This Code is set up for the purpose of increasina employment, 

maintainino- fair and adequate wages, and eliminating unfair trade 

practices, t; the end of rehabilitating the Poultry Equipment in?us~ry 

in all its pha es and enabling it to lo its part toward estabh hrng 

that balance of industries which is necessary to the restoration and 

maintenance of the highe t practical degree of public welfare. 

It is the declared purpose of the Poultry Equipment industry and 

adherents to this Code to restore the income of enterprises within the 

industry to levels which will make possible the payment of fair 

wages and avoid the further depletion and destruction of capital 

assets. 

ARTICLE II-PARTICIPATION 

Participation in this Code, and any subsequent revision of or 

addition to the Code, shall be extended to any person, partnership, 

or corporation in the Poultry Equipment industry who accepts his 

share of the cost and responsibility, as well as the benefit of uch 

participation, by becoming a member of the Poultry Equipment 

Association. 

No initiation or entrance fee shall be charged for membership 

in the Poultry Equipment Association, but there shall be levied 

against all members of the association annual dues in the amount of 

$25.00. Additional dues needed to finance the· activities of the Association in carrying out and enforcing the Code of the industry shall 

be levied against each member in proportion to the volume ot its 

sales of the items covered by this Code. , 

ARTICLE III-GENERAL 

· (1) No provision of this Code shall be interpreted or applied in 

such a manner as to-

(a) Promote monopolies. 

(b) Permit or encourage unfair competition. 

( c) Eliminate or op pre s, or discriminate against mall enterprises 

in the Poultry Equipment industry. 

(2) This Code or any of its provi ions may be canceled or modified or any approved rule issued thereunder shall be ineffective to the 

~xt~nt neces ary to conform to any action by the Presifient of the 

United States under section 10 (b) of the ational Indu trial 

Recovery Act. . 

(3) Amendments to this Code may be proposed to the Executive 

ecretary by any member or member of the Poultry Equipm nt 

s ociation, or may be initiated by the Exe utive ommitt e and 

(3) 
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may be adopted by the affirmative vote of a two thirds majority of 

the members of the Association, and when approved by the President 

of the United States shall be effective. Any amendments proposed 

shall be submitted in writing to all members of the Association not 

less than two weeks before coming before the Association for action. 

( 4) The President and the Executive Secretary of the Association, 

subject to the approval of the Executive Committee, shall represent 

the Poultry Equipment Association and the Poultry Equipment industry in all contacts with the Administrator of the National Industrial Recovery Act, or his agents, except if a member of the association shall feel aggrieved on account of the provisions of this Code 

or of an amendment thereto or rule or regulation made pursuant 

thereto such member shall have the right directly to present his 

position to the President of the United States or his duly authorized 

agent. 

( 5) The provisions, rules, regulations, and restrictions as set forth 

in this Code, as approved by the President of the United States shall 

become binding upon all producers of Poultry Equipment within 

ten days after final approval. 

(6) Rights of Wo1·kers.-(a) Employee in the Poultry Equipment industry shall have the right to oro·anize 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 uch representatives or in 

self-organizations, or in other concerted activities for the purpose of 

collective bargaining, or other mutual aid or protection, as provided 

for in Section 7 of the National Indu trial Recovery Act. 

(b) No employee in the Poultry Equipment industry, and no one 

seeking employment therein, shall be required a a condition of employment to join any company union, or to refrain from joining a 

labor organization of his own choosing, as provided for in Section 

7 of the National Industrial Recovery Act. 

( c) Employers of labor in the Poultry Equipment industry agree 

to comply with the maximum hours of labor, minimum rates of 

pay, and other "vorking condition approved or prescribed by the 

President. 

(cl) It is clearly understood that the foregoing paragraph does 

not impair in any particular the con titutional right of the employee and employer to bargain individually or collectively as may 

be mutually atisfactory to them; nor does it impair the joint right 

of employer and employee to operate an open shop. 

( e) Nothing in this Code is to prevent the selection, retention, 

and advancement of employees on the ba i of their individual merit. 

without regard to their affiliation or nonaffiliation with any labor 

organization. 

( f) It is expressly stipulated that neither any provision of this 

Code nor the fact or manner of its preparation, presentation, adoption, or filing shall be construed as constituting a waiver of any constitutional right which the several members of the Poultry Equipment Association or industry might otherwise have and enjoy. Any 

such provision which may hmit or abrogate any constitutional right 

is inserted under the unavoidable requirements of the National In-
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dustry Recovery Act as the same is under tood by said members and 

not voluntarily nor with their approval as a contractual relinquishment of such right. 

ARTICLE IV-Am,nNI TRATION 

Enf orcement.-The administration offi er of thi ode hall be the 

Executive Secretary of the Poultry Equipment Association. He 

shall be required to submit and to explain the provi ions purpo s, 

and aims of the Code to all producers of Poultry Equipment, including member and nonmembers of the Poultry Equipment Association. 

Any producer of poultry equipment injured by the violation of this 

Code shall file with the Executive Secretary a written complaint setting forth the facts in the matter and requesting such relief a may 

be just. The cost of investigating unfounded complaints may be 

assessed against the complainant by the Executive Secretary in his 

discretion. 

The Executive Secretary of the Poultry Equipment Association is 

authorized and directed to enforce vigorously, equitably, and without exception a system of discipline for violators of this Code or any 

of its rules, regulations~ or provisions as follows: 

A fine against violators, in cases where the violation involves a 

sale of poultry equipment, of an amount not to exceed fifty percent 

of the established price of the equipment sold. 

A fine against violators, where the sale of equipment may not be 

involved, of an amount not to exceed five hundred dollars ($500). 

The Executive Secretary may use his discretion, as circumstances 

warrant in substituting an arbitrary fine for the percentage of sale 

plan. 

Violation of any or all rules of the Code may be con idered a 

separate offense for each and every day such rules are violated. 

If found necessary to the welfare of the industry or in support 

of the proper administration of this Code, the Executive Secretary 

may give full publicity to the facts regarding any violation by any 

person of any rule or regulation of this Code, and the hearing 

and determination thereon, without any liability for libel arising 

therefrom .. 

Any fines assessed and collected shall be turned into the As ociation Treasury. Such money shall be available for awar ling financial damages to member injured by violations. Fines collected and 

not so u eel shall be applied to the Association's operatin<Y budget. 

Any member of the Poultry Equipment Association or any producer of poultry equipment who is not a member of the as ociation 

~hall have the right to appeal from the ruling or deci ion of the 

Executive Secretary and such appeal hall be heard by a repre entative Arbitration Committee of at least three per on , such committee to be appointed by the Executive Committe of the Poultry 

Equipment A ociation from the organizations of differ nt members 

of the industry. Under this provision a . eparate Arbitration ommittee shall be named to handle each appeal and th member hip of 

such committee shall be truly repre. entative for the purpo e of 

insuring the parties a fair hearing, but hall not include any mem-
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bers of the industry connected with or in any way involved in the 

dispute in question. 

The decision of such Arbitration Committee may be appealed by 

either party to the association as a whole and the decision of the 

association by a two-thirds vote shall be final ·and binding. If such 

association decision is not accepted and complied with by the complainant or defendant the case shall be turned over to the Executive 

Committee of the industry for submission to the Administrator of 

tJ;ie National Industrial Recovery Act. · Statistics and Reports.-The Executive Secretary shall have the 

power and authority to require from each manufacturer of poultry 

equipment from time to time· such wage and labor reports, information, and records as shall be necessary to the adequate administration 

and enforcement of the provisions of this Code. · 

The Executive Secretary shall have the right at all times to examine all records of every producer of poultry equipment, whenever 

:::-μch . inspection is necessary for the adequate administration and 

enforcement of the provisions of this Code. It is definitely agreed 

that any such information obtained by such inspection shall be of a 

strictly confidential nature, except insofar as disclosure of the facts 

so obtained may be necessary to the just administration of this Code. 

ARTICLE V-HOURS OF LABOR 

We agree that on and after the effective date hereof, employers 

in the Poultry Equipment industry shall not operate on a schedule 

of hours of labor for their employees excepting executives and their 

assistants, and salesmen, in excess of forty ( 40) hours per week, 

averaged over a six months' period. 

(a) However, there shall be no restrictions on the number of hours 

which may be worked during any one day or .during any one week 

provided the average of forty ( 40) hours per week over a six months' 

period is not exceeded. 

· (b) The above, however, is not to apply to hours of labor for repairshop crews, engineers, electricians, firemen, office sales, and supervisory staff, shipping, watching, and outside crews. 

ARTICLE VI-WAGES 

We agree that on and after the effective date hereof, the minimum 

wao-e which shall be paid by employers in the Poultry Equipment 

Industry to any of their employees shall be as follows: Adult male 

labor, 30¢ per hour; female and minor labor, 25¢ per hour. 

(a) It is understood that learners shall be exempted from the provisions of this section for a period of twelve weeks from the date of 

their employment. 

(b) It is further understood that each manufacturer shall have 

the privilege of exemptin? from the provisions of this section a certain number of so-called ' pensioner employees"; namely, employees 

who by reason of age or physical disability are not capable of performing a full day's work but whom it is desired to retain because 

of their long connection with the business. Such employees shall 

be reported separately in the making of necessary current labor 

reports to the Administrator. 
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·vv e further agree that the above rates may be revised from time 

to time in such manner as will currently reflect on equitable adju tments to variations in the cost of living; such adjustments to be subject to the approval of the President of the United States. We 

further agree not to employ any minor under the age of 16 year . 

ARTICLE VII-SELLI G PRICES 

It shall be an unfair method of competition for any producer of 

poultry equipment to sell his product below his cost, plus a reasonable profit. 

Cost to be interpreted as follows : 

(a) Cost or market price, whichever is lower, of all materials 

used. 

(b) Cost of all normal direct labor including laying out, fabricating, assembling, riveting, soldering, welding, finishing, testing, etc. 

( c) Fi~ed expense or overhead covers items including salaries of 

Administrative and Executive Officers ( which must be figured commensurate with services performed), clerical help, shipping, credit 

€Xpense, shop superintendents and maintenance, advertising, sales 

€xpense, all discounts and commissions, reasonable depreciation on 

plant and equipment, obsolescence, and any and all general costs 

and charges whether specifically enumerated or not. 

ARTICLE VIII-TRADE PRACTICE RULES 

These trade practice rules as set for the Poultry Equipment Association are identical with the trade practice rules adopted by the 

Barn Equipment Industry and which were approved by the Federal 

Trade Commission on July 11, 1929, and amended on September 19, 

1930. 

GROUP I 

Rule 1: Interference With Oontract.-The wilful interference by 

any person, firm, corporation, or association, by any means or de'vice, 

whatever, with any existing contract or otder between a seller and 

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

interference 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 such industry, is unfair 

trade practice. 

Rule 2. M isrepresentation.-The sale or offering for sale of any 

product of the industry with intent to deceive customers or pro pective customers as to the quantity, quality, substance, or size of uch 

product is unfair trade practice. 

Rule 3. Rebates.-N o person in this industry hall make a secret 

prepayment of transportation charges or permit the payment or 

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

of money or otherwise, or the giving of premiums, or extending 

to certain purcha ers special service or privil ge not extended to all 

purchasers under like terms and condition . Violation of thi rule 

is an unfair trade practice. 
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Rule 4. Price Disfff'imination.-Any discrimination in price between purchasers of the same class, excepting discrimination in 

price on account of the difference in grade or quality of tlie product 

sold, is unfair trade practice. 

Rule 5. Defamiation of Oharacter.-The defamation of a competitor by words or acts which call in question his business integrity, his 

ability to perform his contracts, his credit standing, or misrepresentation of the grade, quality, or reliability of his goods, is condemned 

as unfair trade practice. 

Rule 6. Excess Allowances.-The allowance of transportation or 

trucking charo-es in excess of the actual or publislied amount of such 

charges on products is an unfair trade practice. 

Rule 7. Soliciting E'mployes.-The solicitation of the services of 

salesmen or other employes of other members of the industry without notice to the employer involved is an unfair trade practice. 

Rule 8. Patents, Trade marks, and Trade Na1nes.-No person in 

this industry shall imitate the trade marks or trade names of a 

competitor which results in deception to buyers and const'imers, or 

which may be an invasion 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. 

GROUP II 

RULE 1. Price L-ists.-In the belief that a uniform method of price 

quotations will eliminate much existing discrimination between purchasers of the same class and will re ult in mutual benefits to both 

the producer and consumer of Poultry Equipment the Poultry 

Equipment industry has agreed that all price lists published or distributed by the producers of Poultry Equipment shall list the recommended selling price to the con umer and that no consumer di counts 

shall be permitted. Any producer of Poultry Equipment making 

changes in his price list or lists, or contemplating the issuance of 

new price lists, shall give the association office notice of such change 

or changes. If the price adjustment is downward, the notice to the 

Secretary shall be given at least two weeks before date on which 

new prices are to become effective. A member company adjusting 

prices either upward or downward shall not advise his selling organization of such change until after the Secretary has been so 

notified. 

On courtesy business interchanged between manufacturers or on 

items which are special and not listed by any member of the association quotations shall be made on the basis of manufacturing cost 

as defined in Article 7, including normal cost of n1aterial, labor, 

and overhead, plus a reasonable profit. On jobbed items quotations 

shall be made on the basis of resale price fixed by the manufacturer 

thereof. Manufacturers in this association shall publish a published 

price list or price lists showing the prices for various sizes, grades, 

and quantities of their products. 

Any violation of this plan by any producer of Poultry Equipment 

is unfair competition. 
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Rule 2. Dealer Di,scounts.-Definition: The term " leal r" for the 

purpose of this Code shall be defined as one operating a place of 

business, carrying a stock of goods, selling at retail and for the purposes of this Code shall be further limited to those dealers who handle 

line kindred to Poultry Equipment, as for example, farm implements, hardware; also general stores carrying hardware; hatcheries, 

and feed or seed stores; and shall exclude retail dealers handling 

lines entirely foreign to the Poultry Equipment indu try who have 

not in the past handled Poultry Equipment as a line. Inasmuch 

as the prevailing discounts on the various items of poultry equipment range from 10 to 331/3 percent, it shall be unfair competition 

for any producer of Poultry Equipment to allow a discount of more 

than 331/3% off consumer price list to a dealer who stocks the product of such producer. The Executive Secretary of the Poultry 

Equipment Association shall be the sole judge as to whether a 

dealer can be qualified as such. . Rule 3. Jobb er Di,scounts.-Definition of Jobber: The indu try 

hereby records its approval of the definition of a qualifie l whole ale 

di tributor to be one whose principal business is selling to the retail 

distributor, carries a well selected stock of merchandi e, buys in 

suitable quantities, warehouses a reserve stock for retailers within 

a radius of economical distribution and convenience of service, resells 

in proper units to the retailer as economically as possible, assumes the 

credit risk, and such other obligations as are incident to the transportation, warehousing and distribution of the products of the 

industry. 

It shall be unfair competition for any producer of Poultry Equipment to allow a discount to a jobber or a national distributor of 

Poultry Equipment greater than 25% from the dealer price list. 

Rule 4. T er1ns.-Payment of all invoices covering sales to jobbers 

and dealers shall be not to exceed a 1 % discount to jobbers and a 

2 percent discount for retailers from the net amount of the invoice 

for cash in ten days. No discount permitted on transportation 

charges or allowances. (In cases where it is deemed advisable 10th 

prox. may be considered 10 days.) On future orders in reasonable 

quantities written previous to January 1st and calling for shipment 

at producer's convenience before January 1st, terms may be not to 

exceed 1 % discount for jobbers and 2% for retailers for cash March 

10th, April 1st net with prepayment discount of 6% per annum. 

On future orders in reasonable quantities of fall goods calling for 

shipment at producer's convenience prior to August 1st, terms may 

be not to exceed 1 % to jobbers and 2% to retailers for ca h October 

10th, November 1st net, with 6% per annum for prepayment. These 

terms on future orders are recognized by the members of this 

a ociation as desirable to enable them to manufacture and ship 

merchandise during the months in which the indu try ordinarily 

would be shut down, thus equalizing employment in the industry 

throuo-hout the year. A retailer may receive a 3 di count for 

ca. h with order. 

Rule 5. Freight Allowances and F.O.B. Points.- \..11 merchandi e 

~s. to be hipped F.0.B. point of origin with the privil e f equal1z1no· the freio-ht with the nearest competitive hippino- point. 
to 

RULE 6. Uniform Guarantee.-Members of the Poultry Equipment Association may give to customers thereof a uniform guarantee 

or warranty as follows: " "Te guarantee this merchandise to be free 

from defective workmanship or· material for a period of one year 

from sale thereof and agree to replace or repair at our option without charge, any merchandise sold under this arrangement within the 

t.ime limits prescribed herewith F.0.B. factory and without allowance for repair and other liability ~herein." 

RuLE 7. Steel Mills.-"Any ·steel mill or ma.nufacturer of any raw 

material which fabricates articles of merchandise designated in this 

Code shall be subject to this Code in every particular, and it shall 

be Unfair Competition for such mill or manufacturer to figure in the 

cost of such .articles of merchandise any materials of their own 

manufacture at other than the published resale prices of such materials when sold in carload lots or other maximum quantities purchased by the average manufacturer. 

Above shall also apply to such merchandising outlet as manufacture. their own goods or have same made through subsidiary 

companies. 

Rule 8. Dist1·essed M erchandise.-Fourteen days before offering 

for sale, each manufacturer will submit to the Executive Secretary 

for his approval lists of obsolete, rebuilt, repossessed, excess inventory, and reclaimed merchandise giving number of units, age, condition, consumer list price, and . the price for which it will be sold 

and such merchandise must always be quoted in writing, and when 

sold to the trade it must be specified on the order blank as rebuilt, 

reclaimed, or returned merchandise. 

PRODUCTION RESTRICTION 

We agree that, because existing productive capacity far exceeds 

the normal demand, not to increase our productive capacity for a 

period of 12 months from the effective date of this Code, excepting 

as it may be normally increased through the substitution of new 

for existing equipment, or through more efficient methods of manufacture. 

In view of the-foregoing agreerr'ient we specifically ask that the 

Administrator establish a rule which will make it necessary for any 

concern desfring to undertake the manufacture of Poultry equipment to show a necessity for such increase in productive capacity, 

or that the product he intends to manufacture will better serve the 

public interest than the Poultry equipment now available. 

NEW RULES 

In submitting above trade practice rules for approval, the Poultry 

Equipment Association desires to be given the privilege of offering 

:for approval in the future such additional rules as experience may 

prove de irable, or to amend or withdraw old rules which prove 

unworkable. 
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Re pectfully submitted for the Poultry Equipment Indu try. 

ExECUTIVE CoMMI'ITEE OF 

PouLTRY EQUIPMENT AssocIATIO , 

------, Chairman. 

Dated at ----------, --------, the ________ day of ----------, 

1933. 

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UNIVERSITY OF FLORIDA 

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