NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WHEELBARROW INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 1410-03 

The Code for the Wheelbarrow 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 

u 

the National Recovery Administration 

. ,. '\. 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

l I 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

CODE OF FAIR COMPETITION OF THE WHEELBARROW 

INDUSTRY 

ARTICLE I-PURPOSE AND EFFECTIVE DATE 

To effectuate the policy of Title I of the National Industrial 

Recovery Act the several provis~ons hereinafter set forth are established as a "Code of Fair Competition" for the Wheelbarrow Industry, which Code shall become effective ten days after approval thereof 

by the President of the United States. 

ARTICLE II-DEFINITIONS 

Definitions of terms used i~ this Code or Schedules appertaining 

thereto: 

"President" means the President of the United States of America. 

"Association" means the Wheelbarrow Association of America. 

"Executive Committee" means the Executive Committee of the 

Wheelbarrow Association of America. 

"Secretary" means the Secretary of the Wheelbarrow Association 

of America. 

"Treasurer" means the Treasurer of the Wheelbarrow Association 

of America. 

"Manufacturer" means a Manufacturer of Wheelbarrows. 

"Producer" means a Manufacturer of Wheelbarrows. 

ARTICLE III-MEMBERSHIP AND ADMINISTRATION 

SECTION 1. Any person, firm or corporation engaged in the business 

of manufacturing Wheelbarrows in the United States may become 

"a member of the Code " by signing and delivering to the Secretary 

a letter of application and assent in the form prescribed in Schedule A 

annexed here to. 

SEc. 2. Rules and regulations in respect of meetings of members of 

the Code and voting by members of the Code are set forth in Schedule 

B annexed hereto. 

SEc. 3. Administration of the Code shall be under the direction of 

the Executive Committee of the Wheelbarrow Association of America. 

The Executive Committee shall have all the powers conferred on it 

• by the Code and generally all such other powers and duties as shall be 

necessary or proper to enable it fully to administer the Code and to 

effectuate its purpose. 

SEc. 4. The Association will enroll as a "member of the Association" any _producer who signs and delivers to the Secretary an application for membership and subscribes to the bylaws. 

SEc. 5. The Secretary shall act as Secretary under the Code. 

Under the direction of the Executive Committee he shall keep all 

books (except books of account) and records under the Code and, 

except as the Executive Committee shall otherwise provide, shall 

collect, file, and collate all statistics and other information required 

for the proper administration of the Code. 

8683-33 (1) 
2 

SEc. 6. The Treasurer shall act as Treasurer under the Code and, 

under the direction of the Executive Committee, he shall have custody 

of, and have charge of the disposition of all funds collected under the 

Code; and he shall keep proper books of account showing the collection and disposition of such funds. 

SEc. 7. The Executive Committee shall have power from time to 

time (a) to fix the compensation of the Secretary and the Treasurer 

for their services in acting under the Code (b) to appoint and remove, 

and to fix the compensation of all such other officers and employees 

and all such accountants, attorneys, and experts as the Executive 

Committee shall deem necessary or proper for the purpose of 

administrating the Code. 

SEc. 8. The expenses of Administering the Code shall be borne by 

the members of the Code in equal shares. The Executive Committee 

may from time to time make such assessments on account of such 

expenses against the members of the Code as it shall deem necessary 

and such assessments shall be payabl~ as the Executive Committee 

shall specify. Failure of any member of the Code to pay the amount 

of any assessment against such member for a period of thirty days 

after the date on which it becomes payable shall constitute a violation 

of the Code. 

SEC. 9. The Executive Committee may from time to time appoint 

such Committees as it shall deem necessary or proper in order to 

effectuate the purpose of the Code, and it may delegate to any such 

committee generally or in particular instances such of the powers 

and duties of the Executive Committee under the Code as such Committee shall deem necessary or proper in order to effectuate such 

purpose. Any member of any such committee may be a member of 

the Executive Committee or an officer or a director of a member of 

the Code, or a person not having any official connection with any 

member of the Code or with the Association, as the Executive 

Committee shall deem proper. 

ARTICLE IV-EMPLOYMENT PROVISIONS 

SECTION 1. Employees in the Wheelbarrow Industry shall have the 

right to organize and bargain collectively through representatives of 

their own choosing, and shall be free from the interference, restraint, 

or coercion of employers of labor, or their agents, in the designation 

of such representatives or in self-organizations or in other concerted 

activities for the purpose of collective bargaining or other mutual 

aid or protection. 

SEc. 2. o employee in the Wheelbarrow Industry, and no one 

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

labor organization of his own choosing. 

SEc. 3. Employers of labor in the Wheelbarrow Industry agree to 

comply with the maximum hours of labor, minimum rates of pay and 

other working conditions approved or prescribed by the President. 

SEc. 4. The maximum hours of work and the minimum rates of 

pay set forth in Schedule C annexed hereto shall be binding on all 

producers. 

SEc. 5. It is understood that the foregoing Sections 1, 2, and 3 do 

not impair in any particular the constitutional rights of the employee 

• 
3 

and employer to bargain collectively and individually as may be 

mutually satisfactory to them and that nothing in this Code is to 

prevent the selection, retention and advancement of employees on 

the basis of their individual merits without regard to their affiliations 

or nonaffiliations with any labor organization. 

ARTICLE V-STATISTICS AND REPORTS 

SECTION 1. The Secretary-Manager shall require the members of 

the Code from time to time to furnish such information as shall be 

necessary for the proper administration of the Code. The Executive 

Committee shall not require any information regarding trade secrets 

or the names of the customers of any member of the Code. 

SEc. 2. Any or all information furnished to the Secretary by any 

member of the Code shall be subject to checking for the purpose of 

verification by an examination of the books and accounts and records 

of such member by any accountant or accountants or other person or 

persons designated by the Executive Committee and shall be so 

checked for such purpose if the Executive Committee shall require it. 

The cost of each such examination shall be treated as an expense of 

administering the Code. 

SEc. 3. To the extent that any information furnished to the Secretary in accordance with the provisions of the Code is of a confidential 

character in the interest of the member of the Code which shall have 

furnished it and that the publication thereof is not essential in order 

to effectuate the policy of Title 1 of the National Industrial Recovery 

Act, such information shall be treated by the Secretary as strictly 

confidential; and no publication thereof to anyone or in any manner 

shall be made other than in combination with similar information 

furnished by other members of the Code, in which case the publication shall be made only in such manner as will avoid the disclosing 

separately of such confidential information. 

ARTICLE VI-CosT OF PRODUCTION, ADMINISTRATION, AND SALE 

The marketing provisions of this Code, Article VIII, prohibits 

selling below cost, and also provides for establishment of a standard 

price list based on cost. To insure compliance with and enforcement 

of such provisions of the Code as are predicated on costs, each producer 

shall calculate his unit costs and report to the Secretary from time to 

time upon request in substantially the form prescribed~ Schedule D 

annexed hereto. 

ARTICLE VII-CLASSIFICATION 

There are some types and sizes of Wheelbarrows, constituting the 

major production of the industry, which are produced or may ho 

produced by different manufacturers, not in identical detail of design 

and construction but so similar as to permit of classification and designation of different manufacturers' equivalents. Other types and sizes 

of Wheelbarrows are produced or may be produced by one or more 

manufacturers which are not of common type or size and which have 

no equivalents in another manufacturer's product. 

It is intended to classify the entire product of the Wheelbarrow 

Industry. If and when such classification procedure is undertaken, 
4 

each manufacturer shall, when requested by the Secretary-Manager, 

furnish him the data necessary to permit proper listing of his product 

in the general classification schedule. 

ARTICLE VIII-MARKETING PROVISIONS 

SECTION 1. It shall be an unfair trade practice for any manufacturer 

to sell below cost plus a minimum net profit of 10%, except that dropped lines or surplus stocks, sometimes designated as "close-outs", 

or inventories which must be converted into cash to meet immediate 

needs, may be sold at such prices as are necessary to move the merchandise into buyers' hands. However, all such excepted stocks 

must first be reported to the Executive Committee and be disposed of 

subject to their approval. 

SEc. 2. Wholesale and retail merchants are essential in the economical distribution of Wheelbarrows. Therefore, manufacturers' prices 

to wholesale merchants, retail merchants, and consumers should 

maintain differentials sufficient to allow merchants, wholesale and 

retail, to obtain reasonable compensation for their service and facilities in the distribution of the product. After consultation with 

accredited representatives of different classes of buyers, a uniform 

schedule of differentials will be established which when approved by 

.R.A. will become a part of this Code and binding on all producers. 

SEc. 3. Each manufacturer shall within ten days after the effective 

date of this Code file with the Secretary a list or lists showing prices 

and terms of all its products to each of its different classes of buyers, 

and from and after the expiration of such ten days, each manufacturer 

shall at all times maintain on file with the Secretary a list or lists 

showing the prices and terms of all of it products to each of its different clas es of buyers. Each such list shall state the date upon whioh 

it shall become effective, which date shall be not less than ten days 

after date of filing such list with the Secretary. one of the prices 

or terms shown in any list filed shall be changed except by the filing 

with the Secretary of a new list, which shall become effective on the 

effective date therein specified, which shall not be less than ten days 

after the date on which new list shall have been filed with the Secretary. 

SEC. 4. When price lists are sent to the Secretary to be filed by 

him as provided in ection 3 of this Article VIII, a sufficient number 

of extra copies shall be upplied to enable the Secretary to furnish 

every member of the Code with a copy of every list filed by every other 

member of the Code. 

SEc. 5. o producer shall sell or offer to sell directly or indirectly, 

by any means whatsoever, any product of the industry subject to the 

provisions of this Code at a price lower or on more favorable terms and 

conditions of ale than those which he has filed with the Secretary in 

accordance with the provisions of the Code. 

SEc. 6. Invoices shall bear the date on which delivery is made to 

the carrier at the point of shipment. 

The net due date of any invoice shall be not to exceed thirty days 

from date of invoice. 

Wb.en a cash discount is allowed by the producer, it shall be allowed 

only on the net amount of the invoice at F.O.B. point-of-shipment 

price. The rate of cash discount shall not exceed 2% and the period 
5 

in which it may be deducted shall not exceed ten days from date of 

invoice; except, that to purchasers whose requirements necessitate 

numerous billings, the cash discount may be made deductible (a) 

on the 24th instant from remittances covering all charges of the 1st 

to/and the 15th instant and (b) on the 10th proximo from remittances 

covering all charges of the 16th to/and the last day of the preceding 

month. 

So long as questions of taxation remain uncertain, each quotation 

shall stipulate, and each contract shall contain an agreement that 

any Federal Tax now or hereafter imposed in respect to any transaction predicated on said quotation shall be for the account of 

the purchaser and if paid, or required to be paid by the seller the 

amount shall be charged to the purchaser. 

SEc. 7. Producers' sale prices shall be F.O.B. point-of-shipment 

with privilege to equalize freight charges with any competitive 

manufacturer having a more favorable freight rate to destination. SEc. 8. No producer shall agree, in writing or otherwise, to furnish 

an indefinite quantity of products over an extended period on any 

other basis than a quotation to last for the life of the discount sheet or 

equivalent net price schedule in effect at the time of quotation. 

SEc. 9. From and after the effective date of the Code, none of the 

members of the Code shall deliver products on consignment. 

SEc. 10. Prices for products delivered from Warehouses or Stores 

operated by producers shall be the same· as prices for products F.0.B. 

factory, plus transportation cost from factory to Warehouse or Store 

and plus cost of operation of Warehouse or Store. 

SEc. 11. When and if the classified schedule provided for in Article 

VII of this Code shall have been adopted and approved as an amendment to the Code, it is intended to establish a uniform price list based 

on costs, said uniform price list to apply to classified products and to 

be used by producers as a basis for quoting and pricing on "list and 

discount" syste_m. 

ARTICLE IX-UNFAIR TRADE PRACTICES 

SECTION 1. The following practices are hereby declared to be unfair 

methods of competition: 

Sales below cost plus 10% net profit . . P~yment or allowance of secret rebates, refunds, discounts, or comnnss10ns. 

Inducing or attempting to induce breach of contract between a 

competitor and his customer. 

Publication or circulation by advertisement or otherwise of false 

and misleading or deceptive statements concerning a competitor, his 

business, or his product. I 

Violation of any provision of this Code or of any approved rule 

issued thereunder. 

False invoicing. 

Mis branding. 

Misrepresentation. 

Free Goods. 

Guarantee against price decline. 
6 

ARTICLE X-AMENDMENTS AND TERMINATION 

SECTION 1. The Code may be amended at any time in the manner 

hereinafter provided. The changing of any schedule hereto or the 

addition hereto of any new schedule shall constitute an amendment. 

Each amendment so proposed shall be submitted to a meeting of the 

members of the Code called for such purpose upon notice given in 

accordance with the provisions of Section 1, Schedule B, or may be 

submitted for mail vote by sending draft of the proposed amendment 

by registered mail to the registered address of each member of the Code. 

SEc. 2. If 75% of all the votes that might be cast if all the members 

of the Code were voting, shall be in favor of the adoption of the proposed amendment, such amendment shall be submitted to the President for approval, and if approved by him shall become a part of this 

Code. 

SEc. 3. This Code or any of its provisions may be modified and 

terminated at any time by order of the President or by the same 

action by members of the Code as is above provided for the amendment thereof. When so terminated, all obligations and liabilities 

under the Code shall cease, except those for unpaid assessments 

theretofore made in accordance with the provisions of the Code. 
SCHEDULE A 

FORM OF LETTER OF ASSENT TO THE CODE 

------------------------------~ (Date) 

To the Secretary of the Wheelbarrow Association of America, Sidney, Ohio: 

DEAR Srn: The undersigned desiring to become a member of the Code of FairCompetition of the Wheelbarrow Industry, copy of which is annexed hereto, 

marked Annex A, hereby assents to all of the provisions of said Code, and, effective as of the date on which the Code shall have been approved by the President 

of the United States as therein provided, or as of the date on which this letter 

shall have been delivered, if delivery thereof shall have been made subsequent 

to the date on which the Code shall have been approved by the President as 

aforesaid, by the signing and delivery of this letter becomes a member of the 

Code and effective as aforesaid hereby agrees with every person, firm, association, and corporation, who shall then be or thereafter become a member of the 

Code, that the Code shall constitute a valid and binding contract between the 

undersigned and all such other members. 

For all purposes of the Code, the address of the undersigned until it shall file 

with the Secretary of the Wheelbarrow Association of America written notice of 

change of such address, shall be as set forth at the foot of this letter. 

Yours very truly, 

Address 

(7) 
SCHEDULE B 

RULES AND REGULATIONS IN RESPECT OF MEETINGS AND VOTING 

OF MEMBERS OF THE CODE 

SECTION 1. A meeting of members of the Code may be called and held at any 

time by order of the Executive Committee or by members of the Code having a 

right t.o cast at least 50% of all the votes that might be cast at such meeting, if all the members of the Code were present thereat, on not less than ten days' 

notice to each of such members stating the time and place of such meeting a nd 

the purpose thereof. 

SEc. 2. When voting at a meeting or by mail each member of the Code shall 

have one vote. Any person or firm who shall be a member of the Code may 

and any association or corporation which shall be a member of the Code shall 

vote by proxy in writing duly executed by such member and filed with t he 

Secretary. 

SEc. 3. On any vote by the members of the Code, members having the right 

to cast at least 75% of all the votes that might be cast if all the members of the 

Code were voting shall constitute a quorum. 

(8) 
SCHEDULE C 

MINIMUM RATES OF PAY-MAXIMUM HOURS OF WORK 

SECTION 1. For the purpose of establishing minimum rates of pay and maximum hours of work the United States shall be divided into regions as follows: 

Northern region.-North of the northern boundaries of the States of New 

Mexico, Texas, Arkansas, Tennessee and North Carolina and east of the eastern 

boundaries of Idaho and Utah. Western region.-West of the western boundaries of the States of Montana, 

Wyoming, Colorado, and New Mexico. 

Southern region.-South of the "Northern" and east of the "Western" Regions. 

SEc. 2. On and after the effective date of this Code no producer shall employ 

any person under the age of sixteen years. 

SEc. 3. Minimum rates of pay for any class of employees for said Regions shall 

be as follows: 

Cents 

Northern: per hour 

Persons under 21 and over 16 years of age__________________________ 30 

• Persons 21 years of age and over__________________________________ 35 

Western: 

Persons under 21 and over 16 years of age__________________________ 30 

Persons 21 years of age and over__________________________________ 35 

Southern: 

Persons under 21 and over 16 years of age_________________ __ _______ 25 

Persons 21 years of age and over__________________________________ 30 

SEc. 4. The maximum hours of work per person in the Industry shall be an 

average of forty (40) hours per week during each six months, period beginning 

with the effective date of this Code, provided that no employee shall be employed 

for more than forty-eight ( 48) hours in any one week. 

The foregoing provision regarding hours of work shall not apply to employees 

in executive, administrative, sales, technical, health, shipping, emergency maintenance and repair, power, heat, light, janitor and watchmen departments, nor 

to those holding clerical and supervisory positions in production departments. 

(9) 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 

3 1262 08584 3596 

SCHEDULE l) 

COST INFORMATION AS OF __ _: _____ _______________ _ 

(Date) 

T ype of Wheelbarrow __________ ___________________ ____ ___ ___________ __ _ _ Catalog Name and/or Number _________________________ ______ __________ __ _ Material cost ______ _________________________________________ $ _________ _ 

Direct Labor Cost__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $ _________ _ 

Factory Overhead Cost __________ _________________ ___________ $ _________ _ 

Tot~ Factory Cost ____________________________________ $ _______ __ _ 

Administration and Sales Cost______ __________ ______________ __ $ __ __ _____ _ 

• 

Total Cost ______ ___ ______ _____________________ _______ $ ______ __ _ _ 

ame of Manufacturer _____________________________ _ Submitted by _________________ ___ _________ _ 

Date ___ - _ - __ - - -- - - - - - -- - - - - -

OTE.-Include in " Material Cost" the purchase cost of any fabricated 

component parts purchased. 

(10) 

0