Registry No. 1637 A-10 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

INCUBATOR 

MANUFACTURING INDUSTRY 

AS SUBMITTED ON AUGUST 31, 1933 

-.. - W~ DO OUR PART 

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The Co~e for the Incubator Manufacturing 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 havin g received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For s:ile by the S uverintenden t of Documents, Washi ngton, D.C. - - - - - - .• • P rice 5 cents 
;. 

SUBMITTED BY 

IXCOBATOR MANUFACTURERS' ASSOCIATION 

(II) 
CODE OF FAIR COMPETITION FOR THE INCUBATOR 

MANUFACTURERS ASSOCIATION, NATIONAL COUNCIL 

LIVESTOCK EQUIPMENT ASSOCIATIONS 

AS RECOMMENDED BY EXECUTIVE COMMITTEE 

PREAMBLE 

The Incubator Manufacturers Association, a national trade association for this industry, representing in its membership more than 

seventy-five percent of the production of Incubator Equipment in 

the United States, by action taken at a meeting in the City of Chicago on the 14th day of July 1933, does hereby subscribe to the 

policy provisions, rules, and regulations of the National Industrial 

Recovery Act. 

The Incubator Manufacturers Association, by a unanimous vote 

at this meeting, decided to come under the provisions of this act 

which permit the voluntary adoption of a Code of Fair Competition 

and Practices and authorized the creation of an Executive Committee 

to draft a Code which is to be presented to the Government for 

Presidential approval. 

For centuries eggs have been hatched by artificial methods, but 

only within recent year ha~ this practice passed from the realm of 

an art to that of a science. Because of these scientific developments 

within the past ten years, this industry has grown to one of major 

proportions in the field of Agriculture, has marketed more than 

fifty millions of dollars' worth of incubating equipment, maintained 

a. wage scale above the average, and give employment to thousands 

of people in a new and productive field. 

ORGANIZATION 

The_ Incubator Manufacturers Association is an organization representing more than seventy-five percent of the industry, with which 

all manufacturers of incubator equipment are invited to affiliate, for 

the purpose of functioning as the organized voice of the industry. 

Said Association prays for recognition by the Federal Administrator of the National Industrial Recovery Act, in order that it may act 

as quickly as practical to restore normal and fair rates of wages to 

reemploy the normal number of employees, and to restore prices to 

proper levels, fair alike to the public and the industry, thereby 

avoiding the further depletion of the capital assets and making possible the operation of business on a basis of profit. 

ASSOCIATION OFFICERS 

The officers of the Incubator Manufacturers Association are as 

follows: President, B. A. Mayer, Bundy Incubator Co .. Springfield 

9461-33 (1) 
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Ohio· '\ ice-President, W. D. James, James Manufacturing Co., Fort 

Atki~son Wis.· Secretary-Treasurer J. I. Taggart mith Incubator 

Co. Clev~land Ohio; ExecutiYe Secretary H. L. Ashworth, 125 E. ' . . ,, ells Street, Milwaukee, W1scons1n. 

EXECUTIVE COMl\HTTEE 

The Executive Committee is as follows: B. A. Ma3 er, Bundy 

Incubator Company, Springfield, Ohio; W. D. James, James Manufacturing Company, Fort Atkinson, Wisconsin; J. I. Taggart, Smith 

Incubator Company, Cleveland, Ohio; J. L. Robbins Robbins Incubator Company, Denver, Colorado; J. W. Myers, Reliable Incubator & Brooder Company, Quincy, Illinois. 

MEMBERSHIP OF ASSOCIATION 

The membership of the Incubator Manufacturers Association represents more than seventy-five percent of the production of 

Incubator Equipment in the United States. 

ARTICLE I-MEMBERSHIP 

1. Membership in the Incubator Manufacturers Association is and 

shall be open to any person firm, or corporation engaged in the 

manufacture and sale of incubator equipment for hatching of eggs. 

Such a member shall be described for the purpose of this Code as 

a l\1anufacturer. 

2. A Manufacturer is defined as a person, firm, or corporation 

maintaining a plant, properly equipped for service to the public, 

"ith office kept open during business hours, with factory facilities. 

and a sales service. 

ARTICLE II-JURISDICTION 

1. Membership in the Incubator Manufacturers Association shall 

not be compulsory, but each and every manufacturer, member or 

nonmember of this A sociation, shall be bound by the provisions 

of this Code, and compelled to adhere thereto under such penalties 

as may be prescribed. 

2. The provisions of this Code shall not be interpreted so as to 

eliminate or oppress small enterprises or to discriminate against 

them or to set up~ monopoly. 

ARTICLE III-ADMINISTRATION 

ENFORCEMENT 

The Executive Committee of this Association shall select and employ an administrative agency to be known as the Executive 

Secretary. 

The administration officer of this Code shall be the Executive 

Secretarv of the Incubator l\fanufacturers Association. He hall 

be required to submit and to explain the provisions. purpo e , and 

aims of the Code to all producers of Incubator Equipment, including 
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members and nonmembers of the Incubator Manufacturers Association. 

Any producer of Incubator equipment injured by the violation 

of this Code shall file with the Executive Secretary a written c01nplaint setting forth the facts in the matter and requesting such relief 

as may be just. 

The Executive Secretary of the Incubator Manufacturers Association is authorized and directed to enforce vigorously, equitably, and ·without exception a system of discipline for violators of this Code 

or any of its rules, regulations, or provisions. 

Any member of the Incubator ~Ianufacturers Association or any 

producer of incubator equipment who is not a member of the a ociation shall have the right to appeal from the ruling or decision 

of the Executive Secretary and such appeal shall be heard by a 

representative Arbitration Committee of at least three persons. such 

committee to be appointed by the Executive Committee of the Incubator Manufacturers Association fro mthe organizations of different 

members of the industry. · U:nder this provision a separate Arbitration Committee shall be nam·ed to handle each appeal and the membership of such committee shall be truly representative for the purpose of insuring the parties a fair hear:ing, but shall not include any 

members of the industry connected with or in any way involved in 

the dispute in question. 

The decision of such Arbitration Committees may be appealed by 

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

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

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

Committee of the industry for submission to the Administrator of the 

National Industrial Recovery Act. 

STATISTICS AND REPORTS 

The Executive Secretary shall have the power and authority to 

require from each manufacturer of Incubator Equipment from time 

to time such wage and labor reports, information, and records as 

shall be necessary to the adequate administration and enforcement 

of the provisions of this Code. 

The Executive Secretary shall have the right at all time to examine 

all records of every producer of Incubator Equipment whenever 

8Uch inspection is necessary for the adequate administration and enforcement of the provisions of this Code. It is definitely agreed 

than any such information obtained by such inspection shall be of 

a strictly confidential nature, except insofar as disclosure of the facts 

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

ARTICLE IV-PARTICIPATION 

Participation in this Code, and any subsequent rev1s10n of or 

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

or corporation in the incubator industry who accepts his share of 

the cost and responsibility, as well as the benefit, of such participation by becoming a member of the Incubator Manufacturers 

Association. 
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No initiation or entrance fee shall be charged for membership in 

the Incubator Manufacturers Association, but there shall be levied 

against all members of the association the annual dues i~ ~~e amount 

of $25.00. Additional dues needed to finance the activities of the 

association in carrying out and enforcing the Code of the industry 

shall be levied against each member in proportion to the volume of 

its sales of the items covered by this Code. 

ARTICLE V-RECOGNIZED MANUFACTURERS 

Conformino- to Title I, Section 4, of the National Industrial 

Recovery Act: the Executive Secretary shall at all times maintain an 

up-to-date and complete list of manufacturers of incubator equipment (see Article I, Section 2, of this Code) which shall be available 

to any interested parties. 

ARTICLE VI 

RIGHTS OF WORKERS 

(a) Employees in the Poultry Equipment 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, as provided for in Section 7 of the 

National Industrial Recovery Act. 

(b) No employee in the Poultry Equipment 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, as provided for in section 7 

of the National Industrial Recovery Act. · ( c) Employers of labor in the Poultry Equipment industry agree 

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

and other working conditions approved or prescribed• by the 

President. 

( d) It is clearly understood that the foregoing paragraph does not 

impair in any particular the constitutional rights of the employee 

and employer to bargain individually or collectively as m.ay be 

mutually sati factory to then1; nor does it impair the joint right 

of employer and employee to operate an open shop. 

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

advancement of employees on the basis of their individual merit, 

without regard to their affiliation or nonaffiliation with any labor 

organization. 

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

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

such provision which n1.ay limit or abrogate any constitutional right 

is inserted under the unavoidable requirements of the National In-
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dustrial Recovery Act as the same is understood by said members 

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

ARTICLE VII 

HOURS AND WAGES 

The minimum wages which shall be paid to male employees shall 

be 40¢ per hour, and to female employees 30¢ per hour, except that 

apprentices and learners may be paid not less than 75% of the 

above minimum. The total of such exceptions shall not be more 

than 5% of the total pay roll; however, any employer in this industry 

located in a section of the country where a lower minimum wage 

rate has been prescribed and accepted by the President of the United 

States in the code of another industry for employees in the same 

crafts or classifications of labor employed in this industry shall have 

the right to employ such crafts or classifications of labor at such 

lower rate. 

Employee covered hereby ( excluding executives; upervisory 

~taffs and their assistants, traveling salesmen, collectors and commis8ion agents, and all employees engaged in the preparation, care, and 

maintenance of office, plants, machinery and facilities, efficiency 

research, and designing engineers; planning, stock-keeping, order, 

service, and shipping; outside supervisory service and erecting service)-shall work not more than 48 hours in any one week and not 

more than 40 hop.rs per week average, excepting regular employment 

reasonably in excess of such standards for not more, than 10% of the 

employees in any operation where required by the nature of their 

work, and further excepting temporary employment in case of 

emergency. 

It is further understood that each manufacturer shall have the 

privilege of exempting from the provisions of this section a certain 

number of so-called pensioner employees; i.e., employees who by 

reason of age or physical disability are not capable of performing 

the work of an able-bodied man but whom it is desired to retain 

becau e of their long connection with the business. Such employees 

hall be reported separately in the making of necessary current labor 

reports to the Administrator. 

We further agree that, with the approval of the President, the 

above rates mav be revised from time to time in such manner as will 

currently reflect an equitable adjustment to variations in cost of 

living. 

,v e further agree not to employ any minor under the age of 

sixteen years. 

ARTICLE VIII-SELLING PRICES 

1. It shall be unfair competition for any producer of Incubator 

equipment to ell his merchandi e below his own cost, plus a rea onable profit. 

2. The cost of merchandise, as mentioned in the preceding paragraph ·hall include not only-all lirect material and normal direct 

labor co t entering into the article in que tion but also a proportionate share of all normal indirect costs of the productiYe process, 
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such as manao-ement. maintenance~ operating and other OYerhead 

expenses of both factory and ~hipping departments plus a proportionate share of the nonnal admini. trative, research, advertising 

and selling expense of the business. 

3. The term "Merchandise ' as used in this Code shall constitute 

any and all incubator equipment made in whole or in part by the 

manufacturer, except obsolete models or u ·ed equipment which can 

only be priced on a basis of age and state of repair. 

ARTICLE IX-SALES PRACTICES 

l. Breach of Sales Oontract.-The wilful interference by any manufacturer by any means what oever with any existing sales contract 

between another manufacturer and his customer which has the effect 

of attractina business away from the manufacturer interferred with 

i hereby declared to be an unfair trade practice. 

2. Unfair Trade Practice.-(a) The solicitation of the services of 

salesmen or other employees of other members of the industry without notice to the employers involved is condemned. 

(b) The defamation of a competitor by words or acts which call 

in question his business integrity, his ability to perform his con- tract, his credit standing, or the grade, quality, or reliability of his 

goods is condemned as unfair trade practice. 

( c) The Industry hereby records its approval of the practice of 

handling disputes in a fair and reasonable manner coupled with 

spirit of moderation and good \Till, and every effort should be made 

by the disputants themselves to arrive at an agreemept. Arbitration 

is suggested as preferable to litigation. 

ARTICLE X-PnoDUCTION CONTROL 

"e agree that, because existing productive capacity far exceeds 

the normal demand, for a period of twelve (12) months from the 

effective date of this Code, not to increase our productive capacity 

except insofar as it might be normally increased through the substitution of new and improved equipment for existing equipment or 

through more efficient methods of manufacture 1 or it becomes necessary for a present manufacturer to provide his own production facilities to produce incubators or incubator equipment now being manufactured for him by other parties. 

In view of the foregoing agreement we specifically ask that the 

Administrator establi h a rule which will make it necessary for any 

concern de iring to undertake the manufacture of incubator equipment to show a necessity for such increase in productive capacitv or 

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

public intere t than nch products as are now available. 

ARTICLE XI-AMENDMENTS 

1. Amendnients to this Code may be proposed to the Executive 

Secretary by any member or members of the Incubator Manufacturers Association, or may be initiated by the Executive Committee 

and may be adopted by the affirmative vote of a two-thirds majority 

of the members of the association, and when approved by the Presi-
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<lent of the United States shall be effective. Any amendments proposed shall be submitted in writing to all members of association not 

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

2. This Code or any of its provisions shall be cancelled or modified 

and any approved rule issued thereunder shall be ineffective to the 

extent necessary to ·conforin to any action by the President under 

Section 10 (b) of. the National Industrial Recovery Act, in cancellation or modincation of any order, approval, license, rule, or regulation pertaining thereto. 

ARTICLE XII 

This Code shall become effective ten days after it is approved by the 

President of the United States. 

Respectfully submitted for the Incubator Manufacturing Industry 

by Executive Committee: 

Dated at------ -----

the -- da.y of ----, 1933. 

0 

Chairman. ' 

Ewecutive Secretary. ' 






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