Approved Code No. 258 Registry No. 1103-05

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

CAST IRON BOILER AND

CAST IRON RADIATOR

INDUSTRY

AS APPROVED ON FEBRUARY 3, 1934

MEMBER

R

U.,.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 258

CODE OF FAIR COMPETITION

FOR THE

CAST-IRON BOILER AND CAST-IRON RADIATOR

INDUSTRY

As Approved on February 3, 1934

ORDER

APPROVING CODE OF FAIR COMPETITION FOR TILE CAST-IRON BOILER

AND CAST-IRON RADIATOR INDUSTRY

An application having been duly made pursuant to and in full

compliance with the provisions of Title I ofthe National Industrial

Recovery Act, approved June 16, 1933, for approval of a Code of

Fair Competition for the Cast-Iron Boiler and Cast-Iron Radiator

Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto,

having been made and directed to the President:

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

States, I, Hugh S. Johnson, Administrator for Industrial Recovery,

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30,

1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with

the pertinent provisions and will promote the policy and purposes of

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

Competition be and it is hereby approved; provided, that Section 3

of Article VII shall be stricken from the Code.

HUGH S. JOHNSON,

Administrator for Industrial Recovery.

Approval recommended:

W. A. HARRIMAN,

Division Administrator.

MASIIINGTON, D.C.,

February 3, 1934.

.8144*--376-9-34 (173)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

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

Cast-Iron Boiler and Cast-Iron Radiator Industry as revised after

a public hearing conducted in Washington, D.C., on October 24, 1933, in accordance with the provisions of the National Industrial

Recovery Act.

PROVISIONS AS TO WAGES AND HOURS

All, except office employees, shall be paid a minimum rate of forty

cents per hour in the North and thirty cents per hour in the South.

Learners and apprentices shall be paid not less than eighty percent

of the above minimum but shall not exceed in number five percent

of the total. Office employees shall be paid a minimum wage ranging from fourteen to fifteen dollars a week, depending upon the

population of the locality in which they work. Office boys and girls

shall be paid not less than eighty percent of these rates and shall

not exceed in number five percent of an employer's total number

of office employees.

Handicapped workers may be employed at wages below the minimum but the number of persons so employed shall not exceed five

percent of the employer's total number of employees.

Female employees performing substantially the same work as

male employees shall receive equal pay. Adjustment of wage rates

above the minimum will be made within thirty days after the

approval of this Code.

Forty hours shall be the maximum number of working hours for

any week and eight hours for any day except during any twelve

weeks in a year forty-eight hours in one week shall be permissible.

Those engaged in an executive, managerial, or supervisory capacity

who regularly receive thirty-five dollars or more per week are excepted from this provision. Employees engaged solely at maintenance and repair work, shipping crews, firemen, engineers, and

electricians may work nine hours a day or forty-four hours a week.

Watchmen shall not be employed in excess of fifty-six hours in any

one week. Office employees, except those receiving thirty-five dollars

per week or more, shall not be employed in excess of an average of

forty hours per week over each period of six months, nor more than

forty-eight hours in any one week.

All employees, except office employees, shall be paid at the rate of

time and one half for hours in excess of the normal daily or weekly

maximum provided in the Code.

(174)
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ECONOMIC EFFECTS OF THE CODE

The demand for cast-iron boilers comes from the residential building industry while the demand for cast-iron radiators comes from

the building industry in general. The average production of boilers and radiators for the first eight months of 1933 was respectively

thirty-two percent and twenty-three percent of the averages for the

peak year of 1927.

The Research and Planning Division reports conclusions to the

effect that the industry is unstable, has a strong seasonal movement

and varies considerably in its employment requirements.

The average iiumber of employees engaged in the industry in 192S

was 19,450 and in June 30, 1933, 8,161. This Code will not, therefore,

effect the reabsorption of all former employees but will increase the

number of employees over that of September 1, 1933, by twelve

percent and there will be an average wage increase of approximately

thirty-three and a third percent.

The Code will eliminate competition between the members on the

basis of wage rates and will give the industry a chance through

cooperative effort to eliminate many detrimental practices that have

heretofore existed.

FINDINGS

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

having found as herein set forth and on the basis of all the proceedings in this matter:

I find that-

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by inducing and maintaining united action of labor and management

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries,

by avoiding undue restriction of production (except as may be temporarily 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 association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable

restrictions on admission to membership therein.
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(d) 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, therefore, I have approved this Code.

Respectfully,

HUGH S. JOHNSON,

Administrator.

FEBRUARY 3, 1934.
CODE OF FAIR COMPETITION FOR THE CAST-IRON

BOILER AND CAST-IRON RADIATOR INDUSTRY

ARTICLE I

To effectuate the policies of Title I of the National Industrial

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

Fair Competition for the Cast-Iron Boiler and Cast-Iron Radiator

Industry, and upon approval by the President, shall be the standard

of fair competition for this Industry and shall be binding upon every

member thereof.

ARTICLE II-DEFINITIONS

(a) " National Industrial Recovery Act " means the National Industrial Recovery Act approved by the President on June 16, 1933.

(b) "Act " means National Industrial Recovery Act.

(c) " President " means the President of the United States of

America.

(d) "Administrator " means the duly appointed representative of

the President to administer Title I of the National Industrial

Recovery Act.

(e) " Institute " means The Institute of Boiler and Radiator

Manufacturers.

(f) " Secretary " means the Secretary of The Institute of Boiler

and Radiator Manufacturers.

(g) "The Industry" means and includes the business of manufacturing and selling by members, as herein below defined, of Cast

Iron Boilers and/or Cast Iron Radiators and/or Cast Iron Hot

Water Supply Boilers, in the United States and Alaska.

(h) " Member of The Industry " or " Member " means a manufacturer of Cast Iron Boilers and/or Cast Iron Radiators and/or

Cast Iron Hot Water Supply Boilers.

(i) The term " Member of the Code " includes any member of the

Industry who shall expressly signify assent to this Code.

(j) The term " Employee " means any person engaged in any

phase of the Industry in any capacity in the nature of employee, irrespective of the method of payment of his compensation.

(k) The term " Employer " means anyone by whom an employee

is compensated or employed.

(1) " Code Authority " means the Committee described in Article

VI hereinafter.

(m) "Effective Date " means the seventh day after this Code shall

have been approved by the President.

ARTICLE II--HoT-s

SECTION 1. Except as hereinafter otherwise provided, no employee

shall be employed in excess of forty (40) hours in any one week, or

(177)
178

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

during any twelve (12) weeks in a twelve (12) months' period

employees may be employed not more than forty-eight (48) hours

during 1ny- one (1) week, but such limitations shall not apply to:

(a)"1Thos:e eingaged in an executive, managuerial, or supervisory

capacity who regularly receive thirty-five (35) dollars or more per week;

(b) Outside salesmen;

(c) Employees engaged solely at maintenance and repair work,

shipping crews, firemen, engineers, and electricians, who may be

permitted to work not more than nine (9) hours in any one day,

or forty-four (44) hours in any one week. These employees may

also be permitted to work forty-eight (48) hours per week during

any twelve (12) weeks in a twelve (12) months' period;

(d) Watchmen, who may be employed not more than fifty-six

(56) hours in any one week, except watchmen in closed plants to

whom this limitation shall not apply.

SEC. 2. No office employee shall be employed in excess of an average of forty (40) hours per week over each period of six (6) months,

nor more than forty-eight (48) hours in any one week; provided that

those engaged in an executive, managerial, or supervisory capacity

who regularly receive thirty-five (35) dollars or more per week shall

not be subject to the limitations of this section.

SEC. 3. No employer shall knowingly permit any employee to work

for any time which, when totaled with that already performed with

another employer or employers exceeds the maximum permitted

herein.

ARTICLE IV-WAGES

SECTION 1. On and after the effective date the minimum wage

which shall be paid by employers in the Industry shall be at the

following rates:

(a) Except as provided in paragraph (d) of this Section 1, in all

States of the United States, except Tennessee, North Carolina, South

Carolina, Georgia, Alabama, Florida, Mississippi, and Louisiana,

the minimum rate of pay shall not be less than forty (40) cents

per hour.

(b) In the States excepted in the above paragraph, the minimum

rate of pay may be not to exceed ten (10) cents per hour less than

that prescribed for other States.

(c) The minimum rate of pay for learners and apprentices shall

be not less than eight (80) percent of the minimum wage provided

herein, and the total number of such learners and apprentices shall

not exceed in any calendar month five (5) percent of the total number of factory employees of any employer; provided, however, that

no one shall be employed in the capacity of learner who is known

to the employer to have been employed within the industry for one

year. whether by one or more employers.

(d) The minimum wage that shall be paid by any employer to

office employees shall not be less than the following weekly rates:

(1) In cities having 500,000 population or over, at the rate of

$15.00 per week.
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(2) In cities having 250,000 population or over, and less than

600,000 population, at the rate of $14.50 per week.

(3) In cities or towns having less than 250,000 population, at the

rate of $14.00 per week.

(4) Office boys and office girls shall be exempted from the provisions of this paragraph (d) provided that they shall be paid at

the rate of not less than eighty (SO) percent of the above minimum

wages for office employees, and provided that they shall not exceed

in number more than five (5) percent of the total number of office

employees of an employer, but may be at least two (2) in number.

SEC. 2. All employees covered in Section 1, Article III, except

those noted in subsections " a ", " b ", " c ", and " d ", who work in

excess of eight (8) hours per day or forty (40) hours per week and

employees noted in subparagraph "c" of Section 1 of Article 111, who work in excess of nine (9) hours per days or forty-four (44)

hours per week, shall be paid not less than one and one half times

their normal pay for such excess.

SEC. 3. This Article establishes a minimum rate of pay which

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

SEC. 4. After the approval of this Code, the Code Authority may

present recommendations as to upward adjustments in minimum

wages for specific localities, in order to effectuate the purposes of

Title I of the Act.

SEC. 5. Equitable adjustment of compensation of employees receiving more than the minimum rates of pay herein prescribed shall

be made by all employers who have not heretofore made such adjustments, and all employers shall within thirty (30) days after

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

approval, provided, however, that in no event shall hourly rates of

pay be reduced.

SEC. 6. Female employees performing substantially the same work

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

employees.

SEC. 7. A person whose earning capacity is limited because of age

or physical or mental handicap may be employed on light work at a

wage below the minimum established by this Code if the employer

obtains from the State Authority designated by the United States

Department of Labor a certificate authorizing his employment at

such wages and for such hours as shall be stated in the certificate.

Each employer shall file with the Code Authority a list of all such

persons employed by him.

SEC. 8. All employees, except those covered in subdivisions "(a)"

and "(b)" of Section 1, Article III, shall be paid in lawful currency

or valid checks at least semimonthly.

SEC. 9. The employer shall accept no rebates directly or indirectly

on such wages nor give anything of value or extend favors to any

person for the purpose of influencing rates of wages or the working

conditions of his employees.
180

ARTICLE V-GENERAL LABOR PROVISIONS

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

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

of age shall be employed at operations or occupations which are

hazardous in nature or dangerous to health. The Code Authority

shall submit to the Administrator before March first a list of such

operations or occupations. In any State where the law so provides

an employer shall be deemed to have complied with this provision

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

by the Authority in such State empowered to issue employment or

age certificates or permits showing that the employee is of the

required age.

SEC. 2. In compliance with Section 7 (a) of the Act it is provided:

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall

be fr ee 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) 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.

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

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

SEC. 3. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge for the purpose

of defeating the purpose or provisions of the Act or of this Code.

SEC. 4. Every employer shall make reasonable provision for the

safety and health of his employees at the place and during the

hours of their employment.

SEC. 5. No provision in this Code shall supersede any State or

Federal law which imposes more stringent requirements as to age of

employees, wages, hours of work, or as to safety, health, sanitary or

general working conditions, or insurance, or fire protection, than are

imposed by this Code.

SEC. 6. All employers shall post complete copies of this Code in

conspicuous places accessible to employees.

ARTICLE VI-ORGANIZATION

SECTION 1. To effectuate the policies of the Act, and to cooperate

with the Administrator in the enforcement of the provisions of this

Code, the Executive Committee of The Institute is hereby constituted a Code Authority; provided, that no inequitable restrictions

upon membership in the Institute shall at any time be imposed. The

Code Authority shall have the powers and duties herein provided, subject to disapproval by the Administrator.

SEC. 2. For the purpose of cooperating with the Administrator

with respect to the application of this Code and of said Act, and to

determine whether the members of the Industry are observing the
181

provisions of this Code, and adopting and maintaining appropriate

action to effectuate the declared policy of the Act, the Adninistrator

may designate not to exceed three (3) representatives without vote

and without expense to the Industry to confer with, aid, and advise

the Code Authority at such times and places as such representative,

or representatives, may request concerning any matters relating to

the administration of this Code. Such representative or representatives shall receive such notice of all meetings of the Code Authority

as is given to the members of said Code Authority.

SEC. 3. In addition to information required to be submitted to the

Code Authority and the Administrator, there shall be furnished to

government agencies such statistical information as the Adiinistrator may deem necessary for the purposes recited in Section 3 (a) of

the Act.

SEC. 4. Members of the Industry shall be entitled to share the benefits of the activities of the Code Authority and to participate in the

selection of the members thereof, by assenting to and complying with

the requirements of this Code and sustaining their reasonable share

of the expenses of its administration. Such reasonable share of the

expenses of administration shall be determined by the Code Authority, subject to the disapproval of the Administrator, on the basis of

volume of business and/or such other factors as may be deemed

equitable.

SEC. 5. Nothing contained in this Code shall constitute the members of the Code Authority partners for any purpose. Nor shall this

Code be construed to render any member of the Code Authority

liable in any manner to anyone for any act of any other member,

officer, agent, or employee of the Code Authority. Nor shall this

Code be construed to render any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, liable to anyone for any action or omission to act under this

Code, except for his own willful misfeasance or non-feasance.

SEC. 6. The Code Authority shall have the following further

powers and duties, the exercise of which shall be reported to the

Administrator and shall be subject to his right, on review, to disapprove any action taken by the Code Authority.

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

provide for the compliance of the Industry with the provisions of

the Act.

(b) To adopt bylaws and rules and regulations for its procedure

and for the administration and enforcement of the Code.

(c) To obtain from members of the Industry such information

and reports as are required for the administration of the Code and

to provide for submission by members of such information and reports as the Administrator may deem necessary for the purposes

recited in Section 3 (a) of the Act, which information and reports

shall be submitted by members to such administrative and/or government agencies as the Administrator 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 reports shall be disclosed to any other member of the

trade or any other party except to such governmental agencies as

may be delegated by the Administrator.
182

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

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

herein, provided that nothing herein 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 make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, if any, as may be related to the industry.

(f) To secure from members of the Industry an equitable and

proportionate payment of the reasonable expenses of maintaining the Code Authority and its activities.

(g) To cooperate with the Administrator in regulating the use of

any N.R.A. insignia solely by those members of the Industry who

have assented to, and are complying with, this Code.

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

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

Administrator measures for industrial planning, including stabilization of employment.

(i) In the event of violation of this Code by a member who has

specifically assented in writing to the provisions of this paragraph

(i), the Code Authority, subject to disapproval by the Administrator, after having afforded a fair hearing to the member of the Industry

complained of, may assess as liquidated damages, where the violation

involves a product a sum equivalent to twenty (20) percent of his

current trade price of the product involved. When such violation

does not involve a product there may be assessed as liquidated damages a sum not exceeding five hundred (500) dollars, to be paid

by such member of the Industry. The Code Authority shall immediately report any such assessment to the Administrator, and such

assessment shall become payable only after such report has been

made. Such sums mentioned shall be payable without recourse to

the Institute within thirty (30) days after the assessment by the

Code Authority and shall become part of the common funds of the

Institute.

ARTICLE VII-PRICE LISTS

SECTION 1. Upon the effective date of this Code, each member of

the industry shall file with the Secretary of the Institute for immediate distribution to all members who Ale similar reports regarding

similar products, copies of all their price lists, covering all cast-iron

boilers and/or cast-iron radiators and/or cast iron hot water supply

boilers manufactured aid/or sold, including therein all prices, terms, discounts, allowances, and conditions relating to or in anywise affecting any sales of the same to classes of purchasers defined in this

Code. Such price schedule shall take effect immediately upon the

filing thereof. No member of the Industry shall sell products of

the industry at prices lower, or upon terms more favorable than

provided in his schedule thus filed unless and until revised schedules

of prices and terms have been filed by him. Such revised schedules

shall likewise take effect immediately upon filing thereof. Revised

price schedules may be filed temporarily by telegram.
183

SEC. 2. The following definitions of classes of custoineis a ic hereby

adopted for this Industry.

(a) " Wholesaler " is one engaged in the distribution ()f heating

products, plumbing products, and/or pipe, fittings, aiid valves, who

has a substantial and proper investment in his business, maintains

a warehouse, does not buy for resale, used or damaged heating materials, plumbing products, and/or pipe, fittings, and valves, whose

major sales are to heating and plumbing contractors, who purchase

for resale as herein provided, and who does not perform directly

or indirectly the functions of a low-pressure heating contractor.

The sale of pipe, fittings, and valves by a wholesaler for other than

resale purposes for the fabrication of pipe will not be considered

in conflict with this definition. Two classes of wholesalers shall

be recognized.

(1) Those who do not stock either consigned and/or purchas-ed

boilers and/or radiators.

(2) Those who purchase and/or receive on consignment boilers

and/or radiators in carload lots.

(b) A " Contractor " is defined as one who is licensed, where required by State or local Governments, and who installs heating eJUipment which he sells to the consumer. Federal, State and local Governments shall be classified as contractors for the purpose of this

Code.

(c) A "Mail Order House" is one who has a substantial and

proper investment in his business and does business nationally

throughout the United States, who buys in bulk quantities, who

maintains a warehouse and a sufficiently complete stock of heating

fixtures to meet all normal requirements, and who maintains adequate showrooms and whose major business is selling to the consumer.

(d) A "Direct-to-you" is defined as one who has a substantial

and proper investment in his business, who buys in bulk quantities,

who maintains a warehouse and sufficiently complete stock of heating

fixtures to meet all normal requirements and who maintains adequate

showrooms and whose major business is selling to the consumer.

(e) If any of the foregoing definitions should work hardship

upon any member of the Industry or any customer, such member

of the Industry or such customer may apply to the Code Authority

which shall have power to grant relief. If the Code Authority

should deny relief, or should fail to take action upon such application within ten (10) days after receiving the same, such member or

customer may appeal to the Administrator, who shall have power

to grant relief.

SEC. 3. Many members of the Industry sell part of their products

direct to dealers and/or heating contractors, and part of their products through wholesalers. In order to prevent indirect evasion of

the provisions of this Code by members, it is hereby provided that no

member shall sell any product to or through any wholesaler who is

selling such product to any dealer and/or heating contractor at a

lower price or on terms more favorable than the prices and terms

provided in the price list of such member for sales by such member

direct to dealers and/or heating contractors.'

I This section deleted as per order approving this Code.
184

ARTICLE VIII-TRADE PRACTICE RULES

SECTION 1. The giving or offering to give of prizes, gifts, or

gratuities in the form of money or otherwise, in connection with the

sale of products, or as an inducement thereto, or the sale of more

than one commodity at an aggregate price less than the sum of the

member's regularly established unit prices therefor, shall constitute

unfair competition.

(a) The secret payment or allowance of rebates, refunds, commissions, credits, or unearned discounts, whether in the form of

money or otherwise, or discrimination between purchasers by secretly

extending to certain purchasers special services or privileges constitutes a violation of this Code.

(b) No member of the Industry shall give, permit to be given,

or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of

such employee, the principal of such agent or the represented party;

without knowledge of such employer, principal, or party. This

paragraph 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.

(c) The making or causing or permitting to be made or published

any false, untrue, or deceptive statement by way of advertisement or

otherwise, concerning any product of the Industry, constitutes a

violation of this Code.

(d) Defamation of any member of the Industry by words or

acts and/or the making, causing, or permitting to be made, or the

publishing of any false, untrue, misleading, or deceptive statement

by way of advertisement or otherwise concerning any member of the

Industry, constitutes a violation of this Code.

(e) No member of the Industry shall knowingly solicit or accept

any order after the contract therefor has been entered into in good

faith or offer lower prices or better terms to force a revision of such

existing contract.

(f) Each meniber of the Industry shall invoice his goods sold

at his actual selling price.

(g) The acceptance by any member of the Industry of orders for

large quantities, except for specific buildings and then making small

deliveries, invoicing the same at quantity prices for the purpose and

with the effect of discriminating between different purchasers of

the same class, constitutes a violation of this Code.

(h) The acceptance of orders for small quantities from several

different buyers and shipping the same in a carload for distribution

to the separate buyers and charging each of such buyers on the

basis of the carload price for the quantity intended for their separate

use, constitutes a violation of this Code.

(i) Soliciting or accepting orders for future delivery for other

than bona fide transactions entered on contract forms sponsored or

approved by The Institute, as and when such contract forms have

been approved by the Administrator, constitutes a violation of this

Code.
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ARICLE IX-RECOMEN ATI(NS AND AMENWDAIENTS

It is conitemiplated that froii time to tiic sll)plenentary prOvisions

to this Code or additional Codes will be submitted for the appro\al

of the President to prevent unfair competition in price and other

unfair destructive competitive practice's and to effectuate the other

purposes and policies of Title I of the National Industrial Recovery

Act consistent with the provisions thereof. Also that the Code

Authority may from time to time make reconiniendations to the Administrator relating to provisions of this Code and affecting the

Industry, and such recommendations, when approved by the Administrator after such hearing as he may prescribe, shall have the

same force and effect as any other provision of this Code.

AwrICLE X-GENERAL PRovIsIONS

SECION 1. Nothing contained in this Code shall be construed, or

used in such manner as to:

(a) Promote monopolies or monopolistic practices.

(b) Permit or encourage unfair competition.

(c) Eliminate or oppress, or discriiminate against small enterprises.

SEc. 2. This Code is hereby expressly made subject to the right

of the President, pursuant to Section 10 (b) of Title I of the National Industrial Recovery Act, from time to time to cancel or

modify any order, approval, license, rule, or regulation issued

under said Title of said Act, and specifically but without limitation,

to cancel or modify his order approving this Code, or any conditions

imposed by him upon such approval.

SEc. 3. If the Administrator shall determine that any action of

a Code Authority or any agency thereof is unfair or unjust or contrary to the public interest, the Administrator may require that

such action be suspended for a period of not to exceed thirty (30)

days 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 be taken only upon approval by the Administrator.

Approved Code No. 258.

Registry No. 1103-05.

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UNIVERSITY OF FLORIDA

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