Approved Code No. 508 Registry No. 1129-3-12

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

INDUSTRY OF WHOLESALING

PLUMBING PRODUCTS, HEATING

PRODUCTS, AND/OR DISTRIBUTING

PIPE, FITTINGS, AND VALVES

AS APPROVED ON AUGUST 25, 1934

JRRMEMBER

U.&

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - - Price 5 cents
This publication is for sale by the Superintendent of Documents, G

Printing Office, Washington, D.C., and by district offices of the 

Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.

Birmingbam, Ala.: 257 Federal Building.

Boston, Mass.: 1801 Customhouse.

Buffalo, N.Y.: Chamber of Commerce Building.

Charleston, S.C.: Chamber of Commerce Building.

Chicago, Ill.: Suite 170G, 201 North Wells Street,

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex.: Chamber of Commerce Building.

Detroit, Mich.: 801 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minnea polis, Minn.: 213 Federal Building.

New Orleans, La.: Room 9 95-A, Customhouse.

New York, N.Y.: 734 Customhouse.

Norfolk, Va.: 400 East Plume Street.

Philadelphia, Pa.: 422 Commercial Trust Building.

Pittsburgh, Pa.: Chamber of Commerce Building.

Portland. Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Franc'sco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 508

CODE OF FAIR COMPETITION

FOR THE

INDUSTRY OF WHOLESALING PLUMBING P

UCTS, HEATING PRODUCTS AND/OR DIS

UTING PIPE, FITTINGS AND VALVES

As Approved on August 25, 1934

ORDER

APPROvING CODE OF FAIR COMPETITION FOR THE INDUSTRY OF 

SALING PLUMBING PRODUCTS, HEATING PRODUCTS AND/OR DIs

ING PIPE, FITTINGS AND VALVES

An application having beeni duly made pursuant to and 

compliance with the provisions of the Title I of the Nationa

trial Recovery Act, approved June 16, 1933, for approval of 

of Fair Competition for the Industry of Wholesaling Pl

Products, Heating Products and/or Distributing Pipe, Fittin

Valves, and hearings having been duly held thereon and the 

report on said Code, containing findings with respect thereto, 

been made and directed to the President:

NOW, THEREFORE, on behalf of the President of the 

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

pursuant to authority vested in me by Executive Orders 

President, including Executive Order No. 6543-A, dated D

30, 1933, and otherwise; do hereby incorporate by referen

annexed report and do find that said Code complies in all 

with the pertinent provisions and will promote the policy a

poses of said Title of said Act, and do hereby order that sa

of Fair Competition be and it is hereby approved; provid

exemption to the provisions of this Code be and is hereby gr

those with saling Competition order; insofar nated filing the 82608*-1044-121--34 members with the in and and as provisions the they Distributing provided for Code) of prescribe Code the the of and Wholesale Wholesale further, Authority the the Trade as Code effective waiting that Hrdware and (108) Hardware of (or Fair the the priod date such provisions Supplemental Competition Trade pending of Trade agency of price tenwho as lists days of for may are ArticlCode as betwthe mycoorb
164

filed and/or revised price lists or revised terms and cond

sale, be and they hereby are stayed pending my further ord

HUGH S. JOHNSO

A administrator for industrial Re

Approval recommended:

BARTON W. UIT;RAY,

Division AdmvinIstrator.

AuASINGTO2N, D.C.1

Augw ,,t 25, .193.
REPORT TO THE PRESIDENT

THE PRESIDENT,

The WAite House.

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

Industry of Wholesaling Plumbing Products, Heating P

and/or Distributing Pipe, Fittings and Valves, a public heari

ing been conducted thereon in Washington, D.C., October 3, 

accordance with the provisions of Title I of the National In

Recovery Act.

GENERAL STATEMENT

The proponents of the Code show representation for 1,0

in ten (10) regional associations out of approximately 1,350 

the Industry. In 1932 the volume of business amounted to a

mately $324,000,000 of which the sponsoring members handle

$259,000,000, or 83 percent of the volume of sales.

HOURS AND WAGES

The Code for this Industry provides for a maximum work 

forty (40 )hours with a limitation of eight (8) hours per 

six (6) (lays in each seven (7) day period. Exceptions are 

in the cases of executives, and to persons in a managerial 

who regularly receive not less than thirty-five (35) dollars p

and to outside Salesmen. Employees engaged as IVatchmen 

permitted to work fifty-six (56) hours per week. The minimu

of pay per week of forty (40) hours shall be in the North 

than $15.00 per week in cities over 500,000 population, $14

week in Cities of 250,000 to 500,000 and $14.00 per week in an

place. In the South the rates shall be $1.00 per week lower 

minimum rates set for the North.

ECONOMIC EFFECT OF THE CODE

Prior to June 16, 1933, this industry worked on an ave

fifty-five (55) hours per week. The adoption of a. forty (4

standard work week in this industry represents a reduc

weekly hours of thirty-four (34) percent of the man hours 

industry. This reduction in basic hours will provide re-

ment for 6,375 workers or about sixty-one (61) percent of th

ployed workers in this industry. The minimum rates o

established in the Code represent the same weekly pay envel

employees a having ings fifty-five The in Deputy this found for (55) matter; as a Administrator forty hour herein week (40)set forth in hour FINDINGS 1933. in (165) his and week final on as the they formerly report basis to of me all on the recesa
166

I find that:

(a) Said Code is well designed to promote the policies 

poses of Title I of the National Industrial Recovery Act, i

removal of obstructions to the free flow of inter-state and 

commnerce which tend to diminish the amount thereof and 

vide for the general welfare by promoting the organization 

try for the purpose of cooperative action among the trade 

by inducing and maintaining united action of labor and man

under adequate governmental sanctions and supervision, by 

ing unfair competitive practice, by promoting the fullest 

utilization of the present production capacity of Industries, b

ing undue restriction of production (except as may be tem

required). by increasing. the con suiption of industrial and 

tural prodiuets through increasing purchasing power, by 

and relieving unemployment, by improving standards of la

by otherwise rehabilitating industry.

(b) Said industry normally employs not more than 50

ployees; and is not classified by me as a major industry.

(c) The Code as approved complies in all respects with t

nent provisions of said Title of said Act, including withou

tion Subsection (a) of Section 3, Subsection (a) of Sectio

Subsection (b) of Section 10 thereof and that the applica

is an industrial group truly representative of the aforesai

try; and that said group imposes no inequitable restriction

mission to membership therein.

(d) The Code is not designed to and will not permit m

or monopolistic practices.

(e) The Code is not designed to and will not eliminate o

small enterprises and will not operate to discriminate agains

(f) Those engaged in other steps of the economic process 

been deprived of the right to be heard prior to approval 

Code.

For these reasons, this Code of Fair Competition for the 

of Wholesalingy Plumbing Products, Heating Products, and

tributing Pipe, Fittings and Valves has been approved.

Huai S. JOHNSO

A dmnis

AUGUST 25, 1934.
CODE OF FAIR COMPETITION FOR THE INDUSTR

WHOLESALING PLUMBING PRODUCTS, HEA

PRODUCTS AND/OR DISTRIBUTING PIPE, FIT

AND VALVES

ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National In

Recovery Act, the following provisions are established as 

of Fair Competition for the Industry of Wholesaling Pl

Products, Heating Products and/or Distributing Pipe, Fittin

Valves, and shall be the standard of fair competition for such 

try and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

SECTION 1. The term "Industry of Wholesaling Plumbing 

ucts, Heating Products and/or Distributing Pipe, Fittin

Valves" or " Industry ", as used herein, includes the perform

wholesale functions, such as assembling, warehousing and 

from manufacturers the products defined in Sections 2 and 3 

and the selling, transferring or distributing of such products

directly or indirectly, to retailers, institutional, commercial 

industrial users, or to retail divisions, branches or stores fo

and/or the selling and distributing of pipe, fittings and va

defined in Section 4 hereof, but not including sales of pipe, 

and valves by Manufacturers.

SECTION 2. The term " Plumbing Products ", as used her

cludes Bath tubs, Lavatories, Sinks, Water Closets, Urinals, S

Drinking Fountains, and all other plumbing fixtures with a

and complementary products.

SECTION 3. The term " Heating Products ", as used her

cludes Heating Boilers, Radiators, with accessory and complem

products.

SECTIoN 4. The term "Pipe Fittings and Valves ", 

herein, includes Steel, Wrought Iron, Copper, Brass and othe

pipes with fittings and valves of like materials for the con

and control of water, steam, gas, air and other liquids, but d

include oil well tubular pipe.

includes or cept enterprise ands SECTION SECTION SECTION used its all a own Member hrein, persons any engaged 5. 7. 6. behalf. individual, The The The mean of engaged in term theerms term in respectively the Industry. " " " partnership, Member Employee Industry, President the (167) Industry, the of ", either ", President the corporation, as "Act Industry used however as " an employer and of herein, the ", "Adminisor compensa

as United 

other includ

used o
168

Title I of the National Industrial Recovery Act and the 

trator for Industrial Recovery.

SECTION 8. The terni " Joint National Committee ", as use

includes the thirty (30) representatives of the Associations 

ing this Code and the individual members thereof, or as s

inittee may be augmented by the inclusion of representatives 

Associations and/or members of this Industry.

SECTION 9. The term "WholesalIer ", as used herein, inc

Member of the Industry who performs wholesale function

assembling, warehousing and buying from manufacturers, P

and/or Heating Products as defined in Article II, Sections 

and who maintains at his or its place of business a stock 

products in such variety and volume as to meet the instal

quirements, in conformity with the building codes and hea

lations of the trading areas in which he or it operates a

major sales are to Plumbing and Heating Contractors or 

tutional, Commercial and Industrial Users.

SECTION 10. The term " Jobber " and/or " Distributor "

herein, includes any Member of the Industry who buys pip

and valves from manufacturers thereof for resale and who m

a stock of such products in sufficient quantity and variety 

normal service.

SECTION 11. The term "Wholesaler-Retailer ", as use

includes any Member of the Industry who performs wholes

tions such as assembling, warehousing and buying from 

turers of Plumbing Products and/or Heating Products, 

assigns or sells such products to retail divisions, branches 

which thereafter make their major sales to the ultimate c

SECTION 12. The term " Plumbing Contractor " or 

Plumber ", as used herein, is defined as: Any individual 

passed a satisfactory examination, where required by law, 

his technical training and experience in the engineering an

aspects of his trade, has a license where required, in co

with the requirements of the area in which be operates, or

where no license is required, is capable of making a sa

installation under either the " United States Bureau of S

Recommended Minimum Requirements for Plumbing as r

May, 1931 ", or the " Plumbing Code " approved by the 

Association of Master Plumbers of the United States, Inc

vention June, 1933, or a firm, corporation or other entity o

for the purpose of selling and installing plumbing prod

mn1mber, officer, or regular employee of which is qualified 

provided.

SECTION 13. The term " Heatingy Contractor ", as used 

defined terprise piping trial The ernments himself out the SECTIoN sale United Users and/or as: of which conducts and such 14. Any " as States of qualified The air their equipment individual, Plunbing conditioning Government term political by a"'Institutional, training pr business Products, firm independently subdivisions, equipment, and or and corporation as the as such experience agencies Commercial usedither and thereof. railroads, herein, or who thereof, in other to connecinstalholds and/ois shipfodeS
169

ship repair yards, and steamship companies or anyone wh

chases Plumbino Produlcts, on a wholesale (uantity basis an

emploYs re2ularly on full time, a properly qualifiedl Master Pl

as defined in Section 12 of this Article.

SECTo'N 15. (a) The, term " Institutional, Conmmercial 

Industrial Us o " (f Heiting Produlr'ts, as use herel: i s deined as:

Ihe United States Government and the agencies thlreof, Stat

ernments, and their political subdivisions, railroads, !hipbl

ship repair yards, and steamsh!ip companies or anyone who pu

heating products (di a wholesale quantity basis.

(b) Other classes of purclhasers of Heating Products may 

classified by the Code Authority, subject to approval 

Administrator.

SECTION 16. The term " Consumer ", as used herein, is def

one who purchases plumbing and/or heating products for its 

own use and not for the purpose of resale, except institu

commercial and/or industrial users, as defined in Sections 14 

SECTION 17. The term " Manufacturer ", as used herein, i

anyone engaged in the manufacture of the products of the In

ARTICLE I11II-HOURS

SECTION 1. No employee except as hereinafter provided, s

permitted to work more than eight (8) hours in any one day o

than forty (40) hours in any one week.

SECTION 2. No Watchman shall be permitted to work in ex

fifty-six (56) hours in any one week nor more than six (6) d

any one week.

SECTIoN 3. The provisions of this Article shall not apply 

sons in a managerial or executive capacity who regularly 

a salary or guaranteed minimum of $35.00 per week or more

outside salesmen.

SECTION 4. In case of necessity any employee may be permi

work in excess of his maximum daily and/or weekly hours as 

fied in Section 1 of this Article provided that one and on

(1%) times his normal rate per hour shall be paid for eac

worked in excess of said maximum daily and/or weekly hou

no case, however, shall any employee be permitted to work mor

igrht (8) hours per week in excess of his maximum weekly 

as specified in Section 1 of this Article, provided, however, th

exception shall be limited to not more than twelve (12) we

any year.

SECTION o. Each Employer shall, as far as piracticalde, so 

ister work in his charge as to provide the maxinum contin

eiploymenllt for his personnel.

work herein. another (6) SECTION SECTION days 8'3V8Q-1044-121 for employer in any 7. 6. any No time ;seven employee employer which, or employers (7) 34 when day shall shall 2 period. added be knowingly excee permitted to ds the the permit time to maximum work spent any more emploat perwth
170

ARTICLE IV-WAGES

SECTION 1. The minimum rates of pay per week of fo

hours shall be as follows in cities or the population listed b

their immediate trade areas:

(a) Over 500,000 population-not less than $15.00 per w

(b) 950,000 to 500,000 population-not less than $14.50 

c) Less than 2;50,000 popuiation-not les,.s than $14.00 

(d) In the South at the rate of $1.00 per week less than 

specified above in Paragraphs (a), (b), and (c). Populatio

purposes of this (ode shall be determined by reference to 

Census of the United States. The South shall include the 

Alabama, Arizona, Arkansas, Florida, Ge orgia, Kentuck

siana, Mississippi, New _Mexico, North Carolina, South 

Virrinia, Texas, T ennessee and West Virginia.

ECT1ON 2. No part-time employee, and no employee pa

hourly basis shall be paid less than 400 per hour. Any empl

works less than the regular full time weekly hours of lab

lished by his employer shall be considered a part-time emp

SECTIoN 3. (a) Employees with less than three (3) mo

perience in the trade may be paid at the rate of $1.00 less 

minimum rates prescribed in Section 1 of this Article IV.

(b) Office boys, delivery boys and messengers between th

sixteen (16) and eighteen (18) years inclusive, may be pa

rate of $2.00 less per week than the minimum rate presc

Section 1 of this Article.

(c) Junior employees between the ages of sixteen (16) a

een (18) years, and not included in the categories specified 

graph (b) of this section 3, shall be governed by the prov

paragraph (a) of this Section 3.

(d) The total number of learners and junior employees 

in paragraphs (a), (b) and (c) of this section shall not 

number more than 5% of the total number of employees of 

ployer, provided that each employer may employ at least 

learner or junior employee.

SECTION 4. The hourly wage rate or salary of all Empl

ceiving more than the minimum rate or salary herein p

shall be equitably adjusted, if such adjustments have no

been made. No employee now receiving compensation at 

excess of the minimum herein prescribed shall have hi

compensation reduced on account of any reduction in week

of enploymnent to conform to requirements of Article III.

SECTION 5. Each employer shall make payment of all w

not otherwise than in lawful currency or by negotiable che

for, payable on demand. The e wages shall be exempt f

payments deductions wage monthly, shalla "0e la SECTION ries. or earner, acceptphysical and for 6. by or any A the employer, salaries pensions, required or personebate mental shall whose by insurance directly be law. other eaning paid than Wiages or at or mndicap may indirectly capacity least those sick be shall nionthly. employed benefits, voluntarily pabe is on paid limited such or in at No lileba
171

at a wagze bllow the minimum established by this Code if 

>loyer obtains from the State Authority designated by the 

tates Department of Labor a certificate authorizing his 

nent at such wages and for such hours as shall be stated 

certificate. Such authority shall be guided by the instruc

the United States Department of Labor in issuing certifivates 

persons.

Each employer shall file monthly with the Code Authori

of all such persons employed by him showing the wages paid 

the maximum hours of work for such employee.

AnricLE V-GENERAL LAnon PROVISIONS

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

employed in the Industry. No person under eighteen (18

of age shall be employed at operations or occuptations w

hazardous in nature or dangerwis to health. The Code A

shall submit to the Administrator within 30 days after the 

date of this Code a list of such operations or occupations. 

State an Employer shall be deemed to have complied with t

vision if he shall have on file a certificate or permit duly i

the authority in such State empowered to issue employmen

certificates or permits showing that the Employee is one 

required age.

SECTION 2. (a) Employees shall have the right to organ

bargain collectively through representatives of their own 

and shall be free from the interference, restraint or coercion 

ployers of labor or their agents in the designation of suc

Fentatives or in self-organization or in other concerted activ

the purpose of collective bargaining or other mutual aid 

tection.

(b) No employee and no one seeking employment shal

quired, as a condition of employment, to join any compan

or to refrain from joining, organizing, or assisting a labor 

zation of his own choosing.

(c) Employers shall comply with the maximum hours 

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

or prescribed by the President.

SECTION 3. Every Member of the Industry shall comply 

rules and regulations relative to the posting of provisions 

Code which may from time to time be prescribed by the A

trator.

SECTION 4. Employers shall not reclassify Employees or 

occupations performed by Employees or engage in any othe

fuge so as to defeat the purpose of the Act or the provision

ment. Code. of Code months violation of SECTION SECTiON his Employees making Authority Standards after of 5. 6. a this complaint Every the -No Code. to elective eMplcyee at for the Employer the safety or Administrator place date giving shall and and shall provide of be this evidence during health disnissed C f1r ode.shall te with approval for hours or the be rspect d&moted submitted safety o within theirto anan b
172

ECTIoN 7. NO pIr(oViSOnS in this Cvde shall superse(1 e a

.thin any State which imposes more stringent requireme

Lm l(ploycrs Ps to a ge ( Em1fOYUes, vages, 11urs of work, o

8a t't, hllth I), sanifary Gr gelera1l woinIgi" ('( )ditiOns. o1 ins

oi fiir'S pr)tei()tii. tlan i ire imposed by this Code.

S U-rm N . r 1ay be Iiihed1 b': the Administrator 

d ri[-I vailRelat ions Boa d for th I JnduStry consisting of an 

minber of representatives of employers and employees to de

all matters in the Cde relating to lab)r. Where a majority 

ment canflot Le reached. tlhe Board -hall elect an impartial ch

to ren(Ler a decision. If no truly represetative lib)r organ

exists, the employee members of such Board shall be chosen 

Labor Advisory Board of the National Recovery Adminis

The empll)loyer representatives shall be chosen by the Code Au

Thie Industrial Relations Beard may establish such subsidiary 

cies constituted in like manner as it finds necessary.

ARTICLE VI-ADMINISTRATION

ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORIT

SECTION 1. A Code Authority is hereby constituted to adm

this Code and shall consist of thirteen (13) members, which 

may be enlarged or decreased with the approval of the A

trator, to be elected as hereinafter provided and in addition 

there may be three (3) members, without vote, to be known 

]finistrative Members, to be appointed by the Administrator t

for such terms as he may specify.

SECTION 2. (a) Until the election of the Code Authority, a

inafter provided, there shall be a temporary Code Authorit

sisting of ten (10). members, who shall be elected by the Joi

tional Committee within ten (10) (lays after the effective date 

Code and in addition thereto there may be appointed by the A

istrator four (4) members who shall be Members of the In

a1d who shall not be members of any association represented 

Joint National Conmittee, provided however that two (2) 

,-ppointed members shall be Wholesaler-Retailers and (1) sh

clobber tnd/or Distribuior and one (1) shall be a Wholesal

there m1y be appointed thereto the Administrative Members 

vided for the Code Authority in Section 1.

(b) Within sixty (60) days after the eheetive date of thi

the Code AiithlolityV shall be elected by the Members of the In

(t al election (onidcted pursuant to a plan to be submitted 

temporary Code Atithority to the Administrator for his ap

Ihe plan and method of this election shall be submitted to t

]mlinistrator ('0 Job days G Code 3 S!'(TioN- ]mA i UtUhV in ii idi aIfter) 8 it, td, id 1itor, and!loers e rej jdodgnLeit, further, 3. the liUit'd i b ) Ves y approve Di 11l11 1T 0( theribtors. eta States shll Code of tel hz,,will best this on mporary have e Authority, Code. o inue power Code Whoiesalers, power Such such facilitate authority plan to ZOneS, to shall divide suljcct withliln cstablish provide the districts Whoiesaler-&ta mid, thirty to administration forand the if (30)and./or nCesfry, approval appoint locailes
173

nate Regional Code Committees for each zone, district or lo

and to delegate to such subordinate Regional Code Commit

of the powers, duties, and/or functions reposed in the Code 

ity by this Code. Such Regional Code Committees shall ren

minutes and reports of each of their activities to the Code A

for its review and any action of a Regional Code Committee 

subject to the approval of the Code Atithority. All reco

minutes submitted by such Regional Code Comniittee shal

a part of the permanent records of the Code Authority

Regional Code Comnmittee may establish uniform credit ter

ject to the approval of the Code Authority and the Admin

SEcTION 4. In order that the Code Authority shall at all 

truly representative of the Industry and in other respects 

with the provisions of the Act, the Administrator may prov

hearings as he may deem proper; and thereafter, if he shall 

the Code Authority is not truly representative or does not 

respects comply with the provisions of the Act, may requir

propriate modification in the method of selection of t

Authority.

SECTION 5. Nothing contained in this Code shall consti

members of the Code Authority partners for any purpose. N

any member of the Code Authority be liable in any manner t

for any act of any other member, officer, agent or employe

Code Authority. Nor shall any member of the Code A

exercising reasonable diligence in the conduct of his dut

under, be liable to anyone for any action or omission to a

this Code, except for his own wilful malfeasance or non-feas

SECTION 6. Subject to such rules and regulations as may b

by the Administrator, the Code Authority shall have the f

powers and duties in addition to those authorized by other pr

of this Code:

(a) To insure the execution of the provisions of this Cod

provide for the compliance of the Industry with the provi

the Act.

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

(c) To obtain from Members of the Industry such info

and reports as are required for the administration of the C

addition to information required to be submitted to the C

thority, Members of the Industry subject to this Code shall 

such statistical information as the Administrator may deem n

for the purposes recited in Section 3 (a) of the Act to such 

and State agencies as he may designate; provided that no

this Code shall relieve any Member of the Industry of any 

obligations to furnish reports to any Government agency. 

may strued ing vidual or from the out(d) any Regional of herein be such To any report to other directed prohibit use reports. shall of shall Code party its such by relieve actiities be the the publication Committees trade except disclosed Administrator. the associations provided to Code such to as Authority any it otherf for deems other and general Nothing herein, Governmental other Member proper of its summaries provided herein shalagencies duties for ofthe ageor thic
174

sibilities under this Code and that such trade associati

agencies shall at all times be subject to and comply with th

sions hereof.

(e) To make recommendations to the Administrator for 

ordination of the administration of this Code with such othe

if any, as may be related to or affect Members of the Indust

(f) It being found necessary to support the Administr

this Code and to maintain the standards of fair competitio

lished hereunder, and to effectuate the policy of the Act, t

Authority is authorized:

(1) To incur such reasonable obligations as are necess

proper for the foregoing purposes and to meet such obligation

funds which may be raised as hereinafter provided and wh

be held in trust for the purposes of the Code:

(2) To submit to the Administrator for his approval, su

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

(a) an itemized budget of its estimated expenses for the f

purposes, and (b) an equitable basis upon which the funds n

to support such budget shall be contributed by Members 

Industry.

(3) After such budget and basis of contribution have b

proved by the Administrator, to determine and obtain equita

tributions as above set forth by all Members of the Industry

that end, if necessary, to institute legal proceedings theref

own name.

(4) (a) Each member of the Industry shall pay his or 

table contribution to the expenses of the maintenance of t

Authority, determined as hereinabove provided, and subject 

and regulations pertaining thereto issued by the Admin

Only members of the Industry complying with the Code 

tributing to the expenses of its administration as hereinabo

vided (unless duly exempted from making such contribution

be entitled to participate in the selection of members of t

Authority or to receive the benefits of any of its voluntary a

or to make use of any emblem or insignia of the National R

Administration.

(4) (b) The Code Authority shall neither incur nor pay a

gation in excess of the amount thereof as estimated in its a

budget, except upon approval of the Administrator first o

and no subsequent budget shall contain any deficiency item 

penditures in excess of prior budget estimates except those w

Administrator shall have so approved.

(g) To recommend to the Administrator any action or m

deemed advisable, including further fair trade practice prov

govern or bilization which Administrator with lating Codes(h) with the asTo fair shall Members other mayTrade of appoint trade become employment; industries, be after Practice of related practices to a the such effective Trade Industry to measures notice Committees and the Practice as govern including Industry and part in for industrial their hearing the hereof Committee appointed modifications for relationships relations as the upon hepurpose planning, which undermay approval with of betwspecsucsheaof th
175

ployers under this Code and under such other codes to the e

such fair trade practices may be proposed to the Administ

amendments to this Code and such other codes.

(i) To provide appropriate facilities for arbitration, and 

to the approval of the Administrator, to prescribe rules of pr

and rules to effect compliance with awards and determinatio

SECTION 7. If the Administrator s4hall determine that any a

the Code Authority or of any Regional Code Committee 

agency thereof may be unfair or anjust or contrary to the 

interest, the Adminis3trator may require that such action 

pended to afford an opportunity for inVestigation of the m

such action and further consideration by the Code Autho

agency pending final action, which shall not be effective un

Administrator approves or unless he shall fail to disapprov

thirty (30) days' notice to him of intention to proceed wi

action in its original or modified form.

SECTION 8. EvLplo~pnent Reporis.-(a) Each Employer 

Industry shall furnish, to a Confidential agent of the Code 

ity, when required by the Code Authority, on forms to be fu

by said Code Authority, a sworn report of the number of 

employed, wage rates in effect, and hours worked in his p

plants, classified by occupations, together with such other 

employment reports as the Code Authority may require fro

to time. 

(b) Individual reports shall not be available to anyone 

the Administrator and the representatives of the Code A

(who shall not be in the employ of any Member of this Ind

provided, however, that in the event of a complaint, th

Authority may require all information pertinent to such co

Total figures compiled from such reports shall be avail

Members of the Industry.

ARTICLE II-Th ADE PRA CTICES

The following practices constitute unfair methods of com

for Members of the Industry and are prohibited

SECTION 1 (Discrimination).-Discriniinating in prices, ter

counts, allowances, guarantees, or in any other way, 

purchasers of the same class, who purchase in like quantity

SECTION 2 (Split Shipments).-Except for a specific b

operation, delivering only portions of orders taken at a q

price with the intuit., or having the effect of violating pu

prices.

SECTION 3 (Delivery Charges).-Where the published pr

vides for an extra charge for parpelpost, cartage, or other tr

tation, missions, or ices, on dating SECTION SECTION otherwise, or like or failing terms and of privileges credits, unearned 4 5 quotations, (Rebates) (Fictitious to extending make conditions. not extended .-such orders, Dating Paying to discounts, charge. certain invoices, or toor allowing Invoicing).-Post-dating all purchasers whether purchasers statements rebates, in special the of form or theefundpriceothsamo
176

documents; making fictitious quotations or invoices, or the 

of fictitious orders.

SECTION 6 (Inducing Breach of Contract).-Inducing or 

ing to induce the breach of a contract between a competitor 

customer during the terms of such contract; provided, howe

nothing in this rule shall prevent a. Member of the Indus

has quoted on the material involved from calling to the 

of the purchaser, even though the order has been pla

accepted, that the list of materials for which the order h

placed does not conform in size, quantity or quality to th

rials on which the quotations were solicited.

SECTION 7 (Repudiation of Contracts).-Repudiating or 

ing to cancel accepted orders, except for legal cause or by 

consent for the purpose or with the effect of avoiding the pr

of Article VIII, Section 2.

SECTION 8 (Lump Sum Bidding).-Quoting a total price 

schedule of plumbing products, heating products and/or pipe

and valves, which does not show unit prices, or adding to or 

ing from any such schedule on any other basis than the u

shown. This shall not be construed to prohibit quantity d

applying to units.

SECTION 9 (False Marking or Branding).-The false ma

branding of any products of the Industry which has the t

to mislead or deceive customers or prospective customers; 

as to nature, origin, size, finish, grade, quality, quantity, su

character or preparation of any product of the Indu

otherwise.

SECTION 10 (Misrepresentation or False or Misleading A

ing).-Making, causing or knowingly permitting to be made 

lished, any false, materially inaccurate or deceptive state

way of advertisement or otherwise, whether concerning 

quality, quantity, substance, character, nature, origin, size, f

preparation of any product of the Industry or credit terms

policies, or services of any Member of the Industry, or o

having the tendency or capacity to mislead or deceive custo

prospective customers.

SECTION 11 (Substitution.) Furnishing without the conse

purchaser articles of more or less expense, of better or 

quality, or of larger or smaller size than specified and witho

ing the proper adjustment in the quoted price and clearly in

the nature of the substitution.

SECTION 12 (Defamation).-Defaming competitors, custo

prospective customers by falsely imputing to them dish

conduct, inability to perform contracts, questionable credit s

or by other false representations or by the false disparage

the or influencing resentative of party, SECTION directly such grade without employee or 13 offering orf quality rewarding (Commercial another in the the knowledge to of principal give their the rlation Bribery).-Giving, anything goods. action of such of to of such theemployer, of any value, business agent employee, permitting for or principal of the the agentthe reppureo
177

This provision shall not be construed to prohibit free and 

distribution of articles commonly used for advertising excep

as such articles are actually used for commercial bribery as 

above defined.

SECTION 14 (Protection).-Selling or offering to sell pro

the Industry under any form of guaranty to a purchaser or 

tive purchaser against either advance or decline in the price 

products, except for a specific project, or when a contract 

for future delivery is made for a definite quantity of such p

at a definite delivery date.

SECTION 15 (Threats of Litigation) .- Publishing or cir

threats of suits for infringement of patents or trade marks, o

other legal proceedings not in good faith, with the tendency 

of harassing competitors or intimidating their customers.

SECTION 16 (Espionage of Competitors) .- Seciring con

information concerning the business of a competitor by a 

misleading statement or representation by a false imperson

one in authority, by bribery, or by any other unfair method.

SECTION 17 (Sales at Wholesale Price).-Selling, or offering 

plumbing products or heating products at Wholesale Prices 

than Plumbing Contractors, Heating Contractors, Retail D

Branches or Stores; or Institutional, Commercial and/or In

users as hereinbefore defined.

SECTION 18 (Quotations).-Allowing a quotation for a 

building operation which provides for the acceptance within 

fled time to remain in effect after the time allowed for the ac

has expired.

SECTION 19 (Plans, Specifications, Estimating) .--Renderin

neering services (which shall not include estimating), 

remuneration to cover the actual cost of such service; or es

quantities, types, sizes, or quality of products of the Indust

curately with the intent and effect of misleading or deceiv

tomers or prospective customers.

SECTION 20 (Second Hand Material).-Selling used or d

plumbing products, heating products, and/or pipe, fittings an

in the same place of business where new products are sold 

segregating such used and damaged products and clearly ide

same as such.

ARTICLE III-MARKETIN'G POLICIES AND DIS'rRIBUTIoN 1

SECTION 1 (Invoices).-All sales shall be invoiced at the 

shipment, and such invoices together with credit mniemoranda 

other docuients relatingr to the sale shall clearly and ac

state all of the essential elements of the sale, including ty

tives Member sizes ances, pertinent oranda 'See of paragraph datend all the of products, information. the of Code 2 order, other Industry of Authority order quantities, sales dateapproving as Copies documents, of and acceptance, who prices, whn this of shall invoices Code. directed shall credit not date b together be terms, available to by of inothe the shipment discountswith Code employ credrepAuan
178

and in the event of a complaint true copies of invoices, credi

randa and all other sales documents shall be sent immediatel

Code Authority upon its request.

SECTION 2 (Published Prices).-(a) Each Member of the I

shall file with a confidential and disinterested agent of th

Authority, identified lists of all of his prices, discounts, 

allowances and all other terms or conditions of sale or t

hereinafter in this Article referred to as " price terms ", wh

shall completely and accurately conform to and represent t

vidual pricing practices of said Member. Said price terms 

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

date of this Code. Price terms and revised price terms shall 

effective ten (10) days after receipt thereof by said agen

mediately upon receipt thereof said agent shall by telegrap

other equally prompt means notify said Member of the time 

receipt. Such lists and revisions, together with the effect

thereof, shall upon receipt be immediately and simultaneou

tributed to all Members of the Industry and to all of their cu

who have applied therefor and have offered to defray the co

ally incurred by the Code Authority in preparation and dist

thereof and be available for inspection by any such custo

the office of such agent. Such lists shall contain the price te

all Plumbing Products, Heating Products and Pipe, Fittin

Valves as are sold or offered for sale by said Member. S

or revisions or any part thereof shall not be made available 

person until released to all Members of the Industry and th

tomers, as aforesaid; provided, that prices filed in the first 

shall not be released until the expiration of the aforesaid thi

day period after the approval of this Code. The Code A

shall maintain a permanent file of all price terms filed a

provided, and shall not destroy any part of such records exce

written consent of the Administrator. Upon request the C

thority shall furnish to the Administrator or any duly de

agent of the Administrator copies of any such lists of revi

price terms.

(b) When any Member of the Industry has filed any 

such member shall not file a higher price within forty-eig

hours.

(c) No Member of the Industry shall sell or offer to 

products of the Industry except in accordance with such fil

terms.

(d) No Member of the Industry shall enter into any ag

understanding, combination or conspiracy to fix or mainta

terms, nor cause or attempt to cause any Member of the I

or toany open Section performing SECTION (a) (b) to branches, change other market Publishing Issuing 2 of influence his 3. retail Article whichThe price price divisions, false or functions containing following inconsistent VIII: it terms bulletins is the or fictitious by affiliates purpoeractics theo customers, with use price lists. the of of of specifically any other maintenance this intimidation, Member salesmen, Article than are thof of toviolathe pricece the coercreaI
179

ing such sales, transfers or deliveries, which shall have be

lished as price lists under the preceding section.

SECTION 4. Subject to the approval of the Code Author

the disapproval of the Administrator, the Regional Code Co

of a trading area may classify certain products as obso

such instances the published prices shall carry the notat

invoices for such products shall plainly show the followin

ing: " Special prices on account of close-out."

SECTION 5 (Cost Finding).-The Code Authority shall cau

formulated methods of cost finding and accounting capabl

by all Members of the Industry, and shall submit such me

the Administrator for review. If approved by the Admin

full information concerning such methods shall be made a

to all Members of the Industry. Thereafter, each Membe

Industry shall utilize such methods to the extent found pra

but if any Member of the Industry fails to utilize such metho

Member shall make a full disclosure to the. Code Authority 

methods actually employed. If no method of cost finding or 

ing is used by a Member of the Industry he shall so advise t

Authority. Nothing herein contained shall be construed to 

the Code Authority, or any agent thereof, or any Membe

Industry to suggest uniform additions, percentages or diffe

or other uniform items of costs which are designed to brin

arbitrary uniformity of costs or prices.

SECTION 6. (Plumbing and Heating Products.)-Any 

of the Industry who is also a Member of any other Indust

conduct his business in this Industry separately from h

ness in any other Industry by means of separate accountin

for. It shall constitute unfair competition for any Mem

this Industry, who is also a member of either the retail div

the Plumbing Industry or of the retail division of the 

Industry, to sell, assign or transfer plumbing products and/

ing products from his business in this Industry to his busine

retail division of the Punbing Industry or to his busines

retail division of the Heating Industry at prices other than 

lished in accordance with Section 2 of this Article.

SECTION 7 (Costs and Price Cutting).-The standards of f

petition for the Industry with reference to pricing pract

declared to be as follows:

(a) Wilfully destructive price cutting is an unfair method 

petition and is forbidden. Any member of the Industry or 

other industry or the customers of either may at any time c

to the Code Authority that any filed price constitutes unfair 

tition as destructive price cutting, imperiling small enterp

tending toward monopoly or the impairment of code wa

working complaint adjustment party and shall ministrator. afford Planning to render an conditions. the opportunity and shall thereon. complaint, all a Division reprt The within If to of and recommendation the such Code National papers fourteen numbr rulingAuthority shall Recovery filing is (14) benot shall reforred the days concurred Administration price theron within make a to to answfive then to rubRt(
UNIVERSITY OF FLORIDA

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180 3 1262 08855 7565

(b) When no declared emergency exists as to any given product,

there is to be no fixed minimum basis for prices. It is intended that

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

(c) When an emergency exists as to any given products, sale below

the stated minimum price of such product, in violation of Section 8

hereof, is forbidden.

SECTION 8 (Emergency Provisions).-(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 price for

a specified product within the Industry for a limited period is necessary to mitigate the conditions constituting such emergency and to

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

inipartial agency to investigate costs and to recommend to the Administrator a determination of the stated minimum price of the product affected by the emergency and thereupon the Administrator may

proceed to determine such stated minimum price.

(b) When the Administrator shall have determined such stated

minimum price for a specified product for a stated period, which

price shall be reasonably calculated to mitigate the conditions of such

emergency and to effectuate the purposes of the National Industrial

Recovery Act, lie shall publish such price. Thereafter, during such

stated period, no Member of the Industry shall sell such specified

products at a net realized price below said stated minimum price and

any such sale shall be deemed destructive price cutting. From time

to time, the Code Authority may recommend review or reconsideration

or the Administrator may cause any determinations hereunder to be

reviewed or reconsidered and appropriate action taken.

ARTICLE IX-MODIFICATION

This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provisions

of sub-section (b) of Section 10 of the National Industrial Recovery

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

specifically, but without limitation, to the right of the President to

cancel or modify his approval hereof.

ARTICLE X-MONoPoLIES

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises.

ARTICLE XI-EFFECTIVE DATE

This Code shall become effective on the tenth day after its approval by the President.

Approved Code No. 508.

Registry No. 1129-3-12.

0