Approved Code No. 49·9 Registry No. 1715-15 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

REFRIGERATED 

WAREHOUSING INDUSTRY 

. ) 

AS APPROVED ON AUGUST 8, 1934 

WE ·00,-_OUR_ PART' 

UNITED ST A TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • - - - - - - - P rice 5 cents 

V 
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Approved Code No. 499 

CODE OF FAIR COMPETITION 

FOR THE 

REFRIGERATED WAREHOUSING INDUSTRY 

As Approved on August 8, 1934 

ORDER 

ConE OF FAIR CoMPETITION FOR THE REFRIGERATED WAREHOUSING 

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 Com.petition for the Refrigerated ,v arehousing Industry, and 

hearing having been 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 promot:B the policy and purposes 0£ 

said Title of said Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved, on condition that within 

ninety days from the effective date of said Code a public hearing 

shall be held on such of the provisions of said Code as I may designate and any order which I may make subsequent to such hearing 

shall have the effect of a condition of the approval of said Code. 

HUGH s. JOHNSON, 

Administrator for I ndustrial Recovery. 

Approval recommended: 

GEO. L. BERRY, 

Divuion A<Plninistrator. 

w ASHINGTON, D.C., 

August 8, 1934. 

79270°-1044-44-34 (25) 

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REPORT TO THE P RESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is n report of the hearing on the Code of Fair Competition for the Refrigerated Warehousing Industry, conducted in "\Vashington, on J\farch 15, 1934, in accordance with the provisions of the 

National Industrial Recovery Act. 

THE INDUSTRY 

This Industry is vital to the health and well-being of the American 

public in that it must constantly safeguard at adequate temperatures 

much of the fruits, vegetables, fish, butter, egg , fowl and meats, and 

other edibles of our daily consumption. 

There are 540 establi;:;hments in this Indu ·try, and these firms have 

fill approximate capacity of 325,000,000 cubic feet; approximately 

10,000 employees; with capital investment of over $250,0001000. 

Approximately 80% of the members of thi Industry are also engaged in the ice business and of cours-e use the same refrige.rating 

-engineering stair, and much of t1rn other labor is interchangeable. 

Notwithstanding that fact, it is estimated that employment of labor 

will be increased approximately 25 % and an increase in payrolls of 

approximately 25 % , an additional burden on industry of some 

$210 000 an..riually. 

PROVISIONS OF THE CODE 

The Cod proYides for a basic work week of forty-eight ( 48) 

hours, and nine (9) hours per day and six (6) days per week, with 

over-time provision, which in itself is a tremendous contribution by 

industry in vie,v of tho exceedingly longer hours ,,orked p viou ly. 

The propose l minimum hourly wao·e rate· ary from 27.5 to 37.5 

cent · with differ ntials established on the ba. is of size of city ai d 

region. The minimum ·weekly wage rate proposed for clerical mploy es is fifteen dollars ($15.00). The Code contains other hio-hly 

ben ficial labor clauw~. Under Arti le VI Admini tration, the ode pr ide f r a ode 

uthority f fiv (5) m mber · from t.he In<luc:;t.ry nnd, at th di r -

tion of th ... lm.ini · ·a tor three (3) additional m mb r: fr m the 

C' vcrnm nt. 

' h Tra l Ira ·ticc 'ection of this 1 i .c r the mo t I art a 

codifi ·ation of rul .· an l r rrnlati.on whi h haY b n w 11 tubli hcd 

by 1 ng pracii ·c within th' Indu ·try. 

' b )cputy cl min istnitor jn l1i final r J rt t me n sa il de 

having found as her in s t f rlh and o h lJusi of ull th Ir c cdings in this matter; 

(~0) 
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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 pos- sible utilization of the present productive capacity of industries, by 

avoiding undue restriction of production ( except as may be t emporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment by improving standards of labor, 

and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; 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 

Subsection (b) of Section 10 thereof; and that the applicant group 

of members of said industry is a group truly representative of the 

aforesaid Industry; and that said group imposes no inequitable 

restrictions on admission to membership therein. 

( cl) The Code is not designed 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 reasons, the Code has been approved. 

Respectfully, 

AUGUST 8, 1934. 

HUGH s. JOHNSON, 

Admini,strator. 
CODE OF FAIR COMPETITION FOR THE REFRIGERATED 

WAREHOUSING INDUSTRY 

ARTICLE I-PURPOSES 

To effect the poEcies of Title I of the National Industrial Recov~ 

ery Act~ this C:ode is -established as a Code of Fair Competition for 

the Refrigerated Warehousing Industry., and its provisions shaU oo 

the st~ndards of fair -competition for su-ch Industry and he binding 

upon every 1n~1nb~.r thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term ·'" B,efrigerate.d "\Vareh-ousing Industry '' or 

"Industry" as used he-rein includes the furnishing, for a e-0.n.sideration, of warehousing services and/or storage for goods~ wares .and/or 

merchandise in any building or structure, or any part thereof, whieh. 

is artificially cooled.-, ,ex-cejpt products which !lr~ governed by ,anothei· 

approved code or -codes. 

SECTION 2. The tern.1. "]VIernber of the Industry" or "M-ember ", 

as used heTein indud-es any indivi-du-al, partnership, .association., ,corporation or other form of enterprise engaged in the industry either 

as .an employ-er or ,on l1is or its own behalf . 

.SECTION 3. The teriln ·"employee" as used here.in includes any 

and aU persons €n;ga,ged in the industry, however con1pensated~ .except a ,ffi1e.mber of the i!irdn.stiry. 

SECTION 4. The tenn "em.pl0yer" as used. herein includes anyone 

by whom such employee is compensated or employed. 

SECTION 5. The tenns "President", "Act", and "Administrator" 

as used hBrein m.ean respectively the President of the United States, 

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

SECTION G. The term. " South " as u e<l herein means the states of 

Alabama, Arkans&s, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma., South Carolina, Tennessee, Texas, 

Virginia, and West Virginia. The term " North " means all other 

states not listed above and the District of Columbia. 

SECTION 7. Population for the purposes of this Co le shall b0 determined by reference to the latest Federal Census. 

AnTICLJ•~ III-I-I URS 

L\XD1 I noun. 

SE 'TI N 1. No mployee, e_· pt as h r in oth rwise provid d, 

shall be p rmittccl t, work in c.rcess of f rty-cio-ht ( 48) hours in 

any one w ck., or nine h ur in any 24 hour period. 

(2, ) 
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SECTION 2. No person employed in clerical or office work shall be 

permitted to work in excess of forty ( 40) hours in any one week or 

nine (9) hours in any twenty-four (24) hour period. 

EXCEPTIONS .AS TO HOURS 

SECTION 3. The provisions of this Article shall not apply to persons engaged in a managerial or supervisory capacity who are paid 

thirty-five dollars ($35.00) or more per week. 

SECTION 4. Employees engaged in emergency work for the protection of life or property shall be exempt from the maximum hours 

provjded in this Article, provided, however, that each such employee 

shall be paid time and one third times his normal rate of pay for 

all hours worked in excess of the maximum established herein. 

STAND.ARD WEEK 

SECTION 5. No employee except those engaged in emergency work 

as defined in Section 4 of this Article shall be permitted to work 

more than six ( 6) days in any seven day period. 

EMPLOYMENT BY.) SEVERAL EMPLOYERS 

SECTION 6. No employer shall knowingly permit any employee to 

work for any time which, when added to the time spent at work for 

another employer or employers in this or any other Industry exceeds 

the maximum permitted herein. 

ARTICLE IV-WAGES 

MINIMUM WAGES 

SECTION 1. No employee, except as hereinafter provided, shall be 

paid less than at the rates set forth below : 

(a) Employees in places in the North having a population of 

15,000 persons or more shall be paid not less than thirty-seven and 

one-half cents (371⁄2¢) per hour. 

(b) Employees in places in the North having a population of less 

than 15,000 persons shall be paid not less than thirty cents (30¢) 

per hour. 

( c) Employees in the South shall be paid not less thaB twentyseven and one-half cents (271⁄2¢) per hour. 

SECTION 2. No office or clerical employee shall be paid less than 

at the rate of fifteen ($15.00) dollars per week. 

P.ART TIME COMPENSATION-MINIMUM WAGES 

SECTION 3. This article establishes minimum rates of pay which 

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

WAGES ABOVE MINIMUM 

SECTION 4. No employer shall make any reduction in the full time 

weekly earnings of any employee whose normal full time weekly 

hours are reduced by 15 percent, or less, below those existing for 
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the foui' weeks ending June 16; 1933. When the normal full time 

weekly hours of any employee are reduced by 1nore than said percent, the :full tim.e weekly wage of such employee shall not be reduced by more than one half of the percentage of hour reduction 

above said percent. In no event shall hourly rates of pay be reduced, irrespective of whether compensation is actually paid on an 

hourly, weekly, or other basis, nor shall any wages be at less· than 

the minimum rates herein provided. 

°"\iVithin thirty (30) days of the effective date hereof, (unless such 

adjustment has been made theretofore) each employer shall aidjust 

the schedules of wages of his en1ployees in such an equitable manner 

) as wili conform to the provisions hereinabove set forth. 

FEMALE :EMPLOYEES 

SECTION 5. Female employees perfonning substantially the same 

Tvork us male employees shall receive the sam,e rate of pay as male 

employees. 

HANDICAPPED PERSONS 

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

age or physical or mental handicap or other infirmities may be employed on light work at a wage below the 1nmiinum established by 

this Code if the employer obtains from the State authority designa1⁄4d by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours -us sha.ll 

be stated in the certificate. Each employer shall file monthly with 

the Code Authority a list of all such persons employed by him, 

showing the wages paid to, and the maximum hours of work for 

such employee. 

WAGE PAYMENTS 

SECTION 7. An employer shall make payrnent of all wages due 

at least .every two weeks and salaries at least monthly in lawful cur- rency or by negotiable demand check. These wages and salaries 

shall be exempt from any charges, fines or deductions or payments 

for pensions, insurance or sick benefits other than those voluntarily 

paid by the wage earner or r equired by law. No employer shall 

withhold wages other than monies actually due employers or due 

on legal order. The employer or his agent shall accept no rebates 

din~ tly or indirectly on such wages or sala.ries. 

UTICLE V 

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ECTI 1. OliiZ~Z L abor.-No person under eighteen (18) years 

of ng· shall be em ployed in th In lustry ex e1 t as office boy , offi e 

rrirls or rn :s 11 ger~. o per n und r ·i.-xt n (16) y ar f age 

sh all he employ cl in th' ncl u try in any npa ity. In any t:i.te 

an y emplo. er shall 1 <l e lllC'cl to hav ·ornpli l with th provi ion 

ns t o age if h shall haY, on .fil a c· rtifi ate or permit, duly im1cd 

by tl 11th r ity in ~u ch S :.t t ·m pow r 1 to i ·:u an11 . m nt or 

·c1tifi ·at s or p ermit · showing that th, mr 1 y i · of the re-
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SECTION 2. (a) Proviswns f'rom the Act.-Employees shall have 

the right to organize and bargain collectively through representatives of their own choosing, and shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the 

designation of such representati ·es or in self organization or in 

other concerted activities for the purpo · of collective bargaining 

or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required as a condition of employm nt to join any company union 

or to refrain from joining, organizing, or assisting ·a labor organization of his own choosing, and 

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

minin1um rates of pay, and other conditions of employment approved or prescribed by the President. · 

SECTION 3. Evasion Through Sitbterfuge.-N o employer shall reclassify employees or duties of occupations performed or engage 

in any other subterfuge so as to defeat the purposes or provisions of 

the Act or of this Code. 

SECTION 4. Standmrds for Safety and H ealth.-Every employer 

shall provide for the safety and health of employees during the hours 

and at the places of their emplbyment. Standards for safety and 

health shall be submitted by the Code Authority to the Administrator within six months after the effective date of the Code. 

SECTION 5. State LCt!Ws.- N o provision in this Code shall supersede 

any State or Federal law which imposes on employers more stringent 

requirements as to age of employees, wages, hours o:f work, or as to 

safety, health, sanitary or general working conditions, or in urance, 

or fire protection, than are imposed by this Code. 

SECTION 6. Postilng.- All employers shall post and keep posted 

copies of this Code in conspicuous places accessible to all employees. 

Every member of the industry shall oomply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which may from tin1e to time be prescribed by the Administrator. 

SECTION 7. Disniissal of E1r1.,vloyees.-N o member of the Industry 

shall dismiss or demote any employee for making a complaint or 

giving evidence with re pect to an alleged violation of the proYisions 

of this Code. 

ARTICLE VI-ORGANIZATION, PowERS AND DuTrns OF THE CooE 

AUTHORITY 

ORGA.NIZA TIO~l" AND.CONSTITUTION 

SECTION 1. A Code Authority is hereby established consisting of 

five (5) members chosen by the industry through a fair method of 

selection approved by the Administrator. In addition to such industry membership, there may be three members, without vote, to be 

known as Administration members, to be appointed by the Administrator to serve for such terms as he may specify. 

SECTION 2. Regions and Regional Sub-Code Authorities may be 

established from time to time by the Code Authority with the aoproval of the Administrator. J.: 
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Section 3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions on membership, 

and (2) submit to the Administrator true copies of its articles of 

association, by-laws, regulations, and any amendments when made 

thereto, together with such other information as to membership, 

organization, and activities as the Administrator may deem necessary 

to effectuate the purposes of the Act. 

SECTION 4. 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 n1ay prescribe 

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

that 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 of the Code Authority. 

SECTION 5. Nothing contained in this Code shall constitute the 

members of the Code Authority or Regional Sub-Code Authorities 

partners for any purpose. Nor shall any member of the Code Authority or Regional Sub-Code Authorities be liable in any manner 

to anyone for any act of any other 1nember, officer, agent or employee 

of the Code Authority or Regional Sub-Code Authority. Nor shall 

any member of the Code Authority or Regional Sub-Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any act or omission to act under this 

.Code, except for his own wilful malfeasance or non-feasance. 

SECTION 6. If the Administrator shall at any time determine that 

rany action of a 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 such Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

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

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

POWERS AND DUTIES 

SECTION 7. Subject to such rules and regulations as may be issued 

by the Ad1ninistrator the Code Authority shall have the following 

powers and duties, in addition to those authorized by other provisions 

of this Code : 

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

to provide for the compliance of the industry with the provision 

of the Act. 

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

( c) To obtain from members of the industry such inforrn.atioIJ.. 

and reports as are r quired for the admini tration of the Cod . In 

addition to inf rmation required to be ubmitte l to the Coae Au- thority memb rs of the industry shall furni h such tati tical ini rmation as th Administrator may d m n ary f r th purp ~ 

recited in ection 3 (a) of the Act to su h Federal and tat ag n i s 
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as he may designate; provided that nothing in this Code shall relieve 

any member of the industry of any existing obligations to furnish 

reports to any Government agency. No individual report shall be 

disclosed by the Code Authority to any other member of the Industry or any other party except to such other Governmental agencies 

as may be directed by the Administrator. 

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

p1.·oper for the carrying out of any of its activities provided for 

herein, provided that nothing h erein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

( e) To 1nake recommendations to the Administrator for the coordin.ation of the administration of this Code with such other codes, if any, as may be related to or affect members of the industry. 

(f) 1. 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 : 

(a) To incur such reasonable obliaations us are necessary and 

proper for the foregoing purposes, and to meet such obligations 

out of funds which ma.y be r ai1ed as hereinafter provided and 

which shall be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject 

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

necessary ~1) an itemized budRet of its_ estimate~ expenses ~or 

the foregoing purposes, and (2 J an equitable basis up0n which 

the funds necessary to support such budget shall be contributed 

by members oi the industry-; 

( c) P....iter such budget and basis of contribution have been 

approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the 

industry, and to that end, if necessary, to institute legal pro- ceedings therefor in its own name. 

2. Each men1ber of the industry shall pay his or its equitable contribution to the expenses o_f 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 industry complying with the code and contributing to 

the expenses of its administration as hereinubove provided, 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 Recov-ery 

Administration. 

3. The Code Authority shall neither incur nor pa,y any obligation 

substantially in excess of the amount thereof as estimated in its 

approved budget, and shall in no event exceed the total amount contaiiied in the approved budget, exc€pt upon apprOi al of the Administrator; and no subsequent budget shall contain any deficiency 

itein for expenditures in excess of prior budget estimates except 

those which the Administrator shall have so approved. 
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(g) To recommend to the Administrator any action or measures 

deemed advjsable, including further fair trade practice provisions to 

govern members of the industry in their relations with each other or 

with other industries; measures for industrial planning, and stabilization of employment; and including modifications of this Code 

which shall become effective as part hereof upon approval by the 

Administrator after such notice and hearing as he may specify. 

(h) To appoint a Trade Practice Committee which shall meet with 

the Trade Practice Corrunittees appointed nnder such other codes 

as may be related t o the industry for the -purpose of formulating 

f air trade practices to govern the relationships between employers 

under this code and under such other codes to the end that such 

fair trade practices may be proposed to the Administrator as 

amendments to this code and such other codes. 

ARTICLE VII-FILING OF SCHEDULES OR T ARIF.FS 

SECTION 1. Each member of the Industry shall file with a confidential and disinterested agent of the Code Authority, or if none, 

then with such agent designated by the Administrator, identified 

tariffs or schedules of all of his rates and all other terms or charges, 

hereinafter in this article referred to as " rates " , which tariffs or 

schedules shall completely and accurately conform to and represent 

the individual rates and charges of said member. Said rates shall 

in the first instance be filed within thirty (30) days after the date of 

approval of this Code. Rates and revisions thereof shall become 

effective i1runediately upon receipt thereof by said agent. Immedia.tely upon receipt thereof, said agent shall by telegraph or other 

equally prompt means notify said member of the time of such receipt. 

Such tariffs or schedules and revisions thereof together with the 

effective time thereof, shall upon receipt be immediately and simultaneously distributed to all members of the industry and to all of 

their customers who have applied therefor and have offered to defr;1y 

the cost actually incurred by the Code Authority in the preparation 

and distribution thereof and be available for inspection by any of 

their customers at the office of such agent. Said tariffs or schedules 

and revisions thereof or any part thereof shall not be made available 

to any person until r eleased to m-embers of the industry and their 

customers, as aforesaid ; provided, that rates filed j n the first instance 

shall not be released until the expiration of the aforesaid thirty-day 

per_iod _after the approval of this Code. The Code_ Authority shall 

mamtam a permanent file of all rates filed as herein provided, and 

shall not destroy any part of such records exc pt upon written consent of the Admini trator. Upon request the Code Authority hall 

furnjsh to the Adm:inistrator or any duly designated aa nt of the 

Administrator copies of any such tariffs or schedul s ~- revi ions 

of rates. 

(a) All , ·uch tariffs or schedules publi he l by ea h member f the 

In lustry . ·hall plainly show the rat s an l haraes for ea h of the 

f 11 wing . parate and distin t war hon ing r;i e and any rn mb r of th e J ndu. try who . hall fail to publish and harg a s l arnt 

r at or rha1·g for acb of th se : rvi e. :hall hr cl m cl o-uilty £ 

an unfair tr acl and in iolation of thi ocl . 
35 

Handling Repacking 

Storing Service outside of usual business 

I nsuring hours 

Recoopering Making collections or loans on 

Weighing request of customers 

Extra Sorting Extra labor or service and speBonded Warehouse Service cial clerical work. 

(b) All tariffs or schedules of rates shall definitely state whether 

the rates quoted are applicable to carload or less-than-carload quantities. There shall be no discounts for quantity in excess of the 

customarily accepted carload unit quantity. SECTION 2. When any member of the industry has filed a revised 

tariff or schedule, such n1embcr shall not file a higher rate within 

forty-eight ( 48) hours. 

SECTION 3. No member of the industry shall off er to perform any 

services of the industry, at rates or charges other than those set forth 

in his published tariff or schedule or rates. 

SECTION 4. No member of the Industry shall enter into any agree- ment, understandino-, combination or conspiracy to fix or maintain 

r ates, nor cause or attempt to cause any member of the industry to 

change his rates by the use of intjmidation, coercion, or any other 

influence inconsistent with the maintenance of the free and op.en 

market which it is the purpose of this Article to cTeate. 

ARTICLE VIII-CAPACITY CONTROL I 

Based on conditions in this Industry and in this period of emergency and to effectuate the operation, provisions and policy of the 

National Industrial Recovery Act, the following regulations are 

established : 

SECTION 1. No person engaged in thi industry or for the purpose 

of engaging in this industry shall purchase, construct, lea~e or otherwise obtain or use storage capacity not owned, leased or otherwise 

held by such person prior to the effective date of this Code, e:s:cept by 

applying to the Administrator through the Code Authority and obtaining permission of the Administrator upon his finding that the 

granting of such permission is consistent with and tends to effectuate 

the policy of the National Industrial Recovery Act; but nothing contained herein shall fie construed to prevent the replacement by a 

member of this industry of storage capacity of equal capacity existing on the effective date of this Code or the transfer of storage capacity from one member to another person provided same was in use 

prior to the effective elate of this Code, and provided further that 

such transfer does not have the effect of creating additional storage 

capacity within the Industry. 

SECTION 2. The provisions of this Article shall ceaw to be eff ecti ve on the expiration of six months from the effective date of this 

Code, pTovided, however, that prior to that ti1ne the Code Authority 

may submit to the Ad1ninistrator its recon1rnendation that said 

period be extended bused on such information as may be required 

and if the Administrator finds upon such information and facts that 

a further extension of this period is consistent with and tends fur-
36 

ther to effectuate the policy of the National Industrial Recovery 

Act, he may declare the provisions of this Article to be operative :for 

such longer period and under such conditions as he may find necessary further to effectuate the policy last herein mentioned. 

ARTICLE IX-COSTS AND PRICE CUTTING 

SECTION 1. The standards of fair competition for the industry 

with reference to the charging of rates are declared to be as follows: 

(a) Wilfully destructive rate cutting is an unfair method of competition and is forbidden. Any member of the industry or any 

other i~dustry or the customers of either may at any time complain 

to the Code Authority tha.t any filed rates constitute unfair competition as destructive rate cutting, imperiling sm.all enterprise or 

tending toward monopoly or the impairment of code wages and 

~or king conditions. The Code Authority shall within five ( 5) days 

a:ff ord an opportunity to the 1nember filing such rate to answer such 

complaint and shall within fourteen (14) days make a ruling or 

adjustment thereon. If such ruling is not con.curred in by either 

party to the complaint, all papers shall be referred to the Research 

and Planning Division of NRA which shall render a report and 

recommendation thereon to the Administrator. 

(b) When no declared emergency exi,sts as to destructive rate cutting there is to be no fixed minimum basis for rates. It is intended 

that sound cost estimating methods should be used and that consideration should be given to costs in the determination of rates. 

( c) vVhen an emergency exists a.s to any destructive rate cutting 

charges below the stated minimum rate of such service, in violation 

of Section 2 hereof, is forbidden. 

SECTION 2. Emergency Provis?;01'1.S.-( a) If the Administrator, 

after investigation shall at any time find both (1) that an emergency 

has arisen within the industry adversely affecting small enterprises 

or wages or labor conditions or tending toward monopoly or other 

acute conditions which tend to defeat the purposes of the Act; and 

(2) that the determination of the stated minimum rate for a specified 

service within the industry for a limit~d period is necessary to mitigate the condition.s constituting such emergency and to effectuate 

the purposes of the Act, the Code Authority may cause an impartial 

agency to investigate costs and to :recommend to the Administrator a 

determination of the stated minimum rate o.f the services affected by 

the emergency and thereupon the Administrator may proceed to 

dete:r1nine such stated minimun1 rate. 

(b) When the Administrator shall have determined such stated 

minimum rate for a specified .service for ,a stated period, which rate 

shall be :reasonably calculated to mitjgate the conditions of su h 

emergency and to effectuat€ the purposes of the National Indu trial 

R overy Act, he shall publi h such rat . Ther after, durino- u h 

stat l period, no member f the industry hall harg for u h 

spe ified ervi at a n t r aliz d rate below aid tated minimum 

rate and any such harge . hall b 1c me l d tru tiv rat uttino-. 

Fr m 6m to t,jm the ' d Anth rity may r omm nl r vi w or 

r onsid rati n, r th A lmini trat.or may au. any le rminations 

h r nnd r to l r vi ,v I r re n icl r 1 and apr r priate a tion 

taken. 
37 

SECTION 3. Cost Finding.-The Code Authority shall cause to be 

formulated methods of cost finding and a,c,counting capable of use 

by all members of the industry, and ,shall submit such methods to 

the Administrator for review. Lf approved by the Administrator, 

full information concerning such m€thods shall be made available 

to all members of the industry. Thereafter, each member of the industry shall utilize such methods to the extent .foru1d practicable. 

Nothing herein contained shall be construed to permit the Code 

Authority, any agent thereof, or any 1nember of the industry to 

suggest uniforn1 addition.s, percentages or differentials or other uniform iteins of cost which are designed to bring about arbitrary uniformity of costs or rates. 

ARTICLE X -TR.illE PRACTICE RULES 

SECTION 1. No member of the industry shall directly offer or make 

any payment or allowance or a rebate, refund, commission, credit, 

unearned discount or excess allowance, whether in the form of money 

or otherwise; nor shall a member of the industry off er or extend to 

any customer any special service or privilege not extended to all 

-customers of the same class. 

SECTION 2. No member of the ind'ustry shall knowingly withhold 

from or insert in any quotation or invoice any statement that makes 

it inaccurate in any material particular. 

SECTION 3. No member of th~ industry shall publish advertisi..."1.g, 

whether printed, radio, display, or of any other nature, which is mis- leading or inaccurate in any material particular; nor shall any member in any way misrepresent any credit terms, values, policies, services, or the nature or volume of the business conducted. 

SECTION 4. No member of the industry shall give, permit to be 

given, or 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 of the employer of such 

employee, the principal of such r.,gent or the represented party, without the knowledge of such employer, principal or party. This provision 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 bribery as hereinabove 

defined. 

SECTION 5. No member of the industry shall fail to bill and make 

paya.ble monthly, the monthly storage charges, interest, insurance 

and all other charges for services, irrespective of whether the merchandise has been removed from the warehouse or remains in storage. 

SECTION 6. No m~mber of the industry shall describe the refrig- erated warehousing business, the method used, facilities furnished 

or services rendered, or quote rates or charges, or state terms or 

~onditions, in a manner that is misrepresentative or that has a tendency or capacity to deceive customers or prospective customers u,s to 

the true character thereof in any particular. 

SECTION 7. No member of the industry shall offer or malre confidential or secret rates, charges, terms or conditions, or off er or make 

in any manner or by any device whatever, more a.dvantageous rates, 

charges, terms or conditions, to certain favon~d customers or prospective customers tha11 in accordance with such member's filed tariff 

or schedule. 
38 

111 11 11111~11l1~1m11\1'1lll11i 1111111 \II 1[1i ij1i1111111111 3 1262 08582 827 4 

SECTION 8. No· member of the industry shall defame competitors 

by falsely jmputing to them dishonorable conduct, inability to p~rform contracts, questionable credit standing, or by other false representations or by the false disparagement of the grade or quality of 

their service. 

SECTION 9. No member of the industry shall issue fraudulently, 

or aid in fraudulently issuing, a warehouse receipt for stored products which contains any false statement or which omits any pertinent 

information or facts relating to the ownership and/ or to the merchandise de.scribed. 

SECTION 10. No member of the Industry shall use any subterfuge 

to evade any provisions of this Code, such as (but without limitation) renting or offering to rent warehouse space under such terms or 

conditions as would defeat the purposes of this Code. \ 

ARTICLE XI-MODIFICATION 

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) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, license, rule or regulation issued under Title I of said Act. 

SECTION 2. Such of the provisions of this Code as are not required 

to be included herein by the Act may, with the approval of the 

Administrator, be modified or eliminated in such manner as may 

be indicated by the needs of the public, by changes in circumstances, 

or by experience. All the provisions of this Code, unless so modified 

or eliminated, shall remain in effect until June 16, 1935. 

ARTICLE XII-MONOPOLIES., ETC. 

No provision of this Code shall be so applied as to pern1it monopolies or monopolistic practices, or to eliminate, oppress or discrimi 

nate against small enterprises. 

ARTICLE XIII-SUPPLEMENTAL CoDES 

The Code Authority may at any time submit and accept on behalf 

or the Industry supplemental codes for any branch of this industry 

.or any related industry. 

ARTICLE XIV-PRICE INCREASES' 

\ 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

jncreases except such as may be required to n1eet individual cost 

should be delayed, and when made uch increa es should, so far as 

possible, be limited to actual additional increases in the sell r's 

co. ts. ARTICLE XV-EFFE TIVE DATE 

Thi. ocl shall b romc ff tiv on the s ond Monday after its 

approval by th Pr silent. 

ApprovN1 <'oc1 • o. tl f)!). 

H<'gistry 'o. 171:,-15. 

0