Approved Code No. 134 Registry No. 1129-1-11 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

GAS APPLIANCES 

AND APPARATUS INDUSTRY 

AS APPROVED ON NOVEMBER 27, 1933 

BY 

PRESIDENT ROOSEVELT 

. .... --... 0 -= -:-:-::- ' . .-. ---

U.!. DEP091TO 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1933 

For sale by the Superintendent of Documents, w ·ashington, D.C. - - - - - - - - Price 5 cents 

✓ 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

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(II) 
Approved Code No. 134 

CODE OF FAIR COMPETITION 

FOR THE 

GAS APPLIANCES AND APPARATUS INDUSTRY 

As Approved on November 27, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been duly made, pursuant to and in full compliance with the provisions of title I of the National Industrial 

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

Fair Competition for the Gas Appliances and Apparatus Industry, 

and hearings have been held thereon and the Administrator having 

rendered his report containing an analysis of the said code of fair 

competition, together with his recommendations and findings with 

respect thereto, and the Administrator having found that the said 

code of fair competition complies in all respects with the pertinent 

provisions of title I of said act and that the requirements of clauses 

(1) and (2) of the subsection (a) of section 3 of the said act have been 

met: 

Now, therefore, I, Franklin D. Roosevelt, President of the United 

States, pursuant to the authority vested in me by title I of the 

National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do approve the report and recommendations and adopt 

the findings of the Administrator, and do order that the said code of 

fair competition be, and it is hereby, approved. 

Approval recommended: 

HUGH S. JOHNSON, 

Administrator. 

THE WHITE HousE, 

November 27, 1933. 

FRANKLIN D. ROOSEVELT. 

23783•-2-14- 102-33 (421) 
The PRESIDENT, 

NOVEMBER 14, 1933. 

The White House. 

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

for the Gas Appliances and Apparatus Industry in the United States, 

and on the hearing conducted thereon in Washington, D.C., on 

October 19, 1933, in accordance with the provisions of the National 

Industrial Recovery Act. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

The Code provides for a 40-hour week and an 8-hour day, with 

allowances for peak periods, and overtime at the rate of time and 

one half for additional hours of labor. 

Minimum wages of 40¢ and 35¢ are provided for male and female 

labor respectively in the North. In the South the rates provided are 

35¢ and 30¢ respectively, unless the hourly rate for the same class of 

work on July 15, 1929, was less than the respective one of these 

minima, in which case the minimum shall not be less than the hourly 

rate on July 15, 1929, and in no event less than 32¢ and 27¢. Not 

less than eighty percent of the minima provided may be paid to 

apprentices and learners, who may constitute not more than 5% 

of the total number of employees in any one month. 

Where female labor is used to replace male labor the rates of pay 

applicable to male labor are to be paid for the work. 

Rates of pay provided are to be paid whether the work is performed 

on a piece- or time-work basis. 

_E9.uitable adjustment is to be made of all pay schedules above the 

mmrma. 

Child labor is prohibited, and no person under 18 years of age may 

be employed in a hazardous occupation. 

GENERAL STATEMENT 

The Gas Appliances Institute, which sponsors the Code, includes 

the Gas Range Institute, Gas Space Heater Institute, Gas Water 

Heater Institute, Gas Boiler, Furnace and Conversion Burner Institute, Gas Apparatus and Accessories Institute, Tank Water Heater 

Association, and members at large representing over 80% of the production and sales volume of the Industry. 

The invested capital is estimated at approximately $85,000,000 

and the annual pay roll at about $9,000,000. 

The manufacture of gas appliances is not centralized in any one 

section of the country but is widely scattered, manufacturing units 

being located in New England, Eastern, Southern, Midwest, and 

Pacific coast sections of the country. The depression has been uniformly felt in all sections of the United States and during the years 

1932 and 1933 practically all the companies engaged have operated 

at substantial losses. 

(422) 
423 

Members of the Gas Appliances Institute in the northern district 

report pertinent data with respect to wages and hours as follows: 

Number Minimum Hours of 

employed r ate of pay work per 

per hour week 

Cents 1926 ___ __________________________________________ __ ___ _____________ _ 16,086 20 50 1929 _____________ ______________________ ____________________________ _ 20, 285 20 48 January 1933 ____ ___________________________________________________ _ 11, 513 m ,1 46 October 1933 __ ___ __________________________________________________ _ 16,769 35 43 

The minimum hourly rates provided in the Code represent a substantial increase in rates of pay for common labor over those previously 

existing in the Industry. Minimum rates of twenty cents and lower 

per hour were commonly reported in this Industry for the years 1926 

to 1929. As indicated, a substantial increase in wage payments has 

been effected through the operation of code hours and rates of pay. 

The Industry estimates that approximately 6,000 employees will have 

been added through the operation of the Code provisions, and that 

with the equitable adjustments in wages above the minimum, there 

will be added to its pay roll at least $500,000 a year. 

FINDINGS 

The Deputy Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, 

subsection (a) of Section 7 and subsection (b) of Section 10 thereof; 

and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Gas Appliances and Apparatus Industry, and that 

(c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate to 

discriminate against them, and will tend to effectuate the policy of 

Title I of the National Industrial Recovery Act. 

Accordingly, I recommend the approval of this proposed Code of 

Fair Competition for the Gas Appliances and Apparatus Industry. 

Respectfully, 

HUGH S. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

GAS APPLIANCES AND APPARATUS INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial 

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

Fair Competition for the Gas Appliances and Apparatus Industry, 

and, upon approval by the President, shall be the standard of fair 

competition for this Industry. 

ARTICLE II-DEFINITIONS 

The term "gas appliances", as used herein, means gas ranges, 

gas water heaters, gas space heaters, domestic gas boilers, domestic 

gas furnaces, domestic gas conversion burners, gas refrigerators, 

gas meters, gas thermostat controls, gas mantles, and, generally, 

gas applicances and gas apparatus of all styles, types, and kinds 

for use in the production, distribution, and utilization of natural 

gas, liquefied petroleum gases, and of manufactured gas, including 

uses in cooking, heating, refrigeration, and lighting, excluding, 

however, any products covered by other codes approved by the 

President. 

The term "gas appliances industry" as used herein includes the 

manufacturing and assembling within the United States of gas appliances and gas apparatus, and the manufacturing and assembling of 

parts therefor, including repair parts and repairs, and the selling of 

such appliances to retailers, wholesalers, and consumers, but does not 

include the selling at retail. 

The term "Administrator" as used herein means the Administrator 

appointed by the President to administer Title I of the National 

Industrial Recovery Act at the time of office. 

The term "Institute" as used herein means Gas Appliances Institute, a trade association, having its office at 3900 Board of Trade 

Building, Chicago, Illinois. 

The term "Committee" as used herein means the Committee 

established in Article VI of this Code. 

The term "employee" as used herein includes anyone engaged in 

the trade;industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of payment of such 

compensation. 

The term "employer" as used herein includes anyone by whom 

such employee is compensated or employed. 

The term "effective date" as used herein means the 10th day after 

this Code shall have been approved by the President of the United 

States. 

The term "expiration date" as used herein means the expiration 

date indicated in the Act, or the earliest date prior thereto ,n 1. which 

(424) 
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the President shall by proclamation or the Congress shall by joint 

resolution declare that the emergency recognized by Title I of the 

National Industrial Recovery Act has ended. 

The Southern Wage District is defined as comprising North 

Carolina, South Carolina, Florida, Georgia, Alabama, Tennessee, 

Mississippi, Virginia, and Louisiana; and the Northern Wage District 

is defined as comprising all other States· in the United States, proper, 

including the District of Columbia and Alaska. 

ARTICLE III-MANDATORY PROVISIONS AS TO LABOR 

Employers in this Industry shall comply with the requirements of 

the National Industrial Recovery Act, as follows: 

(1) Employees 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-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection; 

(2) 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; and 

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

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

or prescribed by the President. 

ARTICLE IV-CONDITIONS OF EMPLOYMENT 

WAGES 

On and after the effective date the minimum wage which shall be 

paid by any employer to ccILmon labor shall be 40¢ per hour for males 

and 35¢ per hour for females in the Northern Wage District; provided, 

however, that for a period of 60 days from the effective date of this 

Code the minimum rates for female employees shall be 331⁄2¢ per hour 

in the Northern W uge District. 

On and after the effective date the minimum wage which shall be 

paid by any employer to common labor shall be 35¢ per hour for males 

and 30¢ per hour for females in the Southern Wage District, unless the 

hourly rate for the same class of work on July 15, 1929, was less than 

the respective one of these minima, in which latter case the minimum 

shall not be less than the hourly rate on July 15, 1929, and in no event 

less than 32¢ for males and 27 ¢ for females. 

Provided, further, that employees apprenticed under, and in accordance with, the laws of any State, and learners may be paid not less 

than 80% of the minimum wages established in paragraph one of this 

Article for the Northern Wage District, and paragraph two of this 

Article for the Southern Wage District, and the total number of such 

apprentices and learners shall not exceed 5% of the total number 

employed by any such employer in any calendar month; and 

Provided, further, all learners shall receive not less than the minimum rate of pay after three months' employment. 

Provided, further, that where any State Law requires any higher 

minimum wages than those specified in this section, such higher 

minimum wages shall apply in all cases. 
426 

Equitable adjustments in all pay schedules of factory employees 

(and other employees receiving less than $35.00 per week) above the 

minima, shall be made on or before fifteen days subsequent to the 

effective date of this Code by any employers who have not heretofore 

made such adjustments or who have not maintained rates comparable 

with such equitable adjustments; and the first reports of wages, required to be filed under this· Code, shall contain all wage increases 

made since May 1, 1933. 

In the case. of an employee whose compensation is based upon a 

measure other than time, the minimum compensation paid shall be no 

less than such employee would be entitled to receive if the compensation were measured by time rate. 

The principle of equal rates of pay for male and female employees 

under like conditions of employment, performing substantially the 

same work is accepted herein; and, where female employees are used 

to replace male employees performing certain classes of work such 

female employees shall be paid the rates of pay in effect for the male 

employees at the time of such replacement. 

On and after the affective date, the minimum wage that shall be 

paid by any employer to all other employees, except commission sales 

people and all employees covered by Section 4, Paragraphs 1, 2, and 3, 

shall be not less than at the rate of $15.00 per week. 

Office boys and girls shall be exempted from the provisions of this 

Section, provided they are paid at the rate of not less than 80% of the 

above minimum wages, and provided that they do not exceed in 

number more than one to every ten office employees. 

HOURS 

On and after the effective date employers shall not operate on 

a schedule of hours of labor in excess of 40 hours per week per 

employee. 

Provided, however, that these limitations shall not apply to 

branches of this Industry in which seasonal or peak demands or 

break-downs place an unusual and temporary burden upon such 

branches; and that in no case shall the hours worked in any one week 

exceed 48 hours during such seasonal or peak periods; and 

Provided, further, that the number of excess hours worked in any 

six (6) months' period, without the payment of overtime, may not 

exceed 32 hours, in the case of employees engaged in the processing 

of products in the Industry and labor incident thereto; and may not 

exceed 48 hours, in the case of all other employees except executive, 

administrative, and supervisory employees who receive $35.00 or 

more per week and outside salesmen, commission salesmen, and 

service men; and 

Provided, further, that any employee at the request of the employer 

may work additional hours beyond those specified in the two preceding 

paragraphs, provided such additional hours shall be paid for at the 

rate of time and one half. Employees working more than eight hours 

in any 24-hour period shall be paid time and one half for all time in 

excess of eight hours during such period. 

No employee shall knowingly be permitted to work in the aggregate 

in excess of the above prescribed number of hours irrespective of 

whether such employee be on the pay roll of more than one employer; 

and 
427 

Provided, -further, that nothing in the foregoing employment 

provisions shall apply to executive, administrative, and supervisory 

employees who receive $35.00 or more per week; and outside salesmen. 

GENERAL LABOR PROVISIONS 

It is understood, however, that old and partially disabled employees 

are not included in the above labor provisions, except that they shall 

in no case be paid less than 80% of the above minimums, and provided that the total number of such employees shall not exceed two 

employees in plants having less than 100 employees; nor more than 

2% of the total number of employees in such plants employing 100 

or more. 

It is further understood that watchmen are not included in the 

hours provisions of this Article, except that in no case shall they be 

permitted to work longer than 56 hours in any one week unless they 

are paid time and one half for any hours in excess of 56 hours per 

week. 

Employers shall not reclassify employees, or duties, or occupations 

of employees so as to defeat the purposes of this Act. 

ARTICLE V-CHILD LAB OR 

Employers shall not employ or permit to be employed any person 

under the age of sixteen (16) years, provided that no person under the 

age of eighteen (18) years shall be employed in a hazardous occupation and provided, further, that where a State Law specifies a higher 

minimum age, no person below the age so specified by such State Law 

shall be employed within that State. 

ARTICLE VI-ADMINISTRATION 

1. Agency for Administraiion.-The agency for administering, supervising, and promoting the performance of this Code by the Gas 

Appliances and Apparatus Industry, shall be the Gas Appliances 

Committee. The membership of the Committee shall include the 

members of the Governing Committee of the Institute. In addition 

thereto (a) the Administrator may cau e an election to be held under 

regulations, prescribed by the Administrator, for the selection of a 

member of this Committee by employers of the Industry who are not 

members of the Institute, provided that in any such election members 

eligible to vote shall be employers accepting the proper pro rata share 

of the cost and responsibility of administering this Code as defined in 

Article VII hereof, (b) also, the Administrator may appoint not to 

exceed three members, without vote, to serve with the Gas Appliances 

Committee in its administration of this Code. Such members if and 

when appointed shall serve for a term of from 6 months to 1 year and 

their appointments shall be so arranged that they do not expire at 

the same time, and such members shall serve without expense to the 

gas appliances industry. 

2. Functions ojthe Agency.-The Committee is appointed the agency 

for the Industry and for the following purposes: 

(a) To collect, compile, and distribute such data and statistics as 

may be required under this Code, or as may be requested by the 

Administrator, or, in the opinion of the Committee, are pertinent to 

effectuate the National Industrial Recovery Act and to require such 
428 

records in the offices of the members of th-e Industry as may be necessary or advi able in procuring or furnishing such data or statistics; 

such information shall be confidential, except insofar as disclosure 

may be necessary for the effective administration and enforcement of 

the Code. 

(b) In addition to information required to be furnished to the Committee, there shall be furnished to government agencies such statistical 

information as the Administrator may deem necessary for the purpose 

recited in Section 3 (a) of the National Industrial Recovery Act. 

(c) To represent the Industry in conferring with the Administrator 

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

regulations issued thereunder, and further to represent the Industry 

in filing amendments or supplementary provi ions to this Code or 

additional Codes, with the Administrator, and the representation of 

the Industry at public hearings. . (d) To cooperate with the Administrator and other proper government officials in the administration and enforcement of this Code. 

(e) To hear, determine, Bnd settle complaints between members of 

the Industry. 

(f) To hear con1plaints from employers and employees in the Industry and if possible to adjust the same. 

(g) To perform such other acts as may be necessary or proper to 

enable the Industry to function under this Code and under the National Industrial Recovery Act. 

ARTICLE VII-PARTICIPATION 

SECTION 1. Membership in Institute.-Membership in the Gas 

Appliances Institute shall be open to all employers in the Industry 

and no inequitable restricti ns shall be impornd upon admisEion to 

membership. 

SEc. 2. Cost of Administration.-Any employer subject to the 

jurisdiction of this Code and receiving the benefits of the Code and/or 

the benefits of the activities of the Committee shall pay to the Committee his equitable proportionate share of the expense of formulating and putting into effect and administering this Code, and any other 

costs which may be incurred in the preparation and/or administration of the Code by said Committee. The part of such expenses 

which shall be assessed against such employers shall be assessed by 

the Committee, which Committee in making such assessment shall 

take into account the number of employers, the volmne and class of 

business, and an equitable consideration of any and all matters which 

should be taken into account in determining the proper assessment. 

Failure of any assenting employer to pay any such assessment for 

a period of thirty days after the date on which it shall become payable shall entitle the Committee to deprive such employer of his 

participation in the administration of the Code as therein or herein 

provided, and such employer shall continue to be liable for his proportionate share of all due and unpaid assessments. 

ARTICLE VIII- BASES FOR PRICES 

No employer shall sell or exchange any product of his manufacture 

at a price or upon such terms or conditions that will result in the customer paying for the goods received less than the cost to the seller, 
429 

determined in accordance with the standard method of accounting to 

be prescribed by the Committee, subject to the approval of the Administrator; provided, however, that dropped lines, seconds, or inventories which must be converted into cash to meet emergency needs 

may be disposed of in such manner and on such terms and conditions 

as the Committee and the Administrator may approve and as are 

necessary to move such product into buyers' hands, and provided 

further, that selling below cost in order to meet existing competition 

on products of equivalent design, character, quality, or specifications 

shall not be deemed a violation of this Article if provision therefor is 

made in supplemental codes hereafter prepared for any branch or 

subdivision of the Industry. 

ARTICLE IX---SALES PRICES AND TERMS 

Each employer shall publish and file with the Committee his sales 

prices and terms. Such sales prices and terms may provide reasonable differences as to: 

(a) Export Sales. 

(b) Sales to Large Purchasers. 

(c) Sales to Wholesalers, Jobbers, and Brokers. 

(d) Sales to Retailers. 

(e) Direct Sales to Consumers. 

The published sales prices and terms of any employer applicable 

to one class are not applicable to any other class, and if so used shall 

be a violation of this Code. Sales terms shall be published by each 

employer to the Committee under rules established by the Committee. 

On and after the effective date, no employer shall offer any product 

of the Industry for sale at less than his_ published sales prices and 

terms except as provided in Article VIII. 

ARTICLE X-TRADE PRACTICES 

The practices and methods as set forth in the following paragraphs 

1 to 12, inclusive, including the subparagraphs thereof, in this Article 

X, are hereby designated as unfair methods of competition, and indulgence by any member of the Industry in any of the same shall be 

violation of this Code: 

(1) Making any agreement or contract after the effective date of this 

Code the effect of which will amount to the sale and/or delivery of 

gas appliances on consignment; provided, however, that this subsection shall have no binding force and effect as applying to contracts 

existing prior to the approval of this Code. 

(2) Allowing terms of payment other than those stated in the 

published sales terms of each employer except as otherwise provided 

herein. 

(3) Selling or offering to sell any merchandise with a repurchase 

agreement. 

(4) Allowing the return of merchandise at other than the fair 

market value at the time of its return, except merchandise having 

manufacturing defects may be returned for full credit. 

(5) Purchasing or allowing credit for second-hand merchandise at 

an amount greater than its fair market value. 

(6) Using premiums in the sale of merchandise. 
430 

(7) Giving gratuities or making payments to any employee or 

agent of a customer or prospective customer. 

(8) Selling or offering for sale any article containing false marking 

or branding with the intent or the effect of misleading or deceiving 

purchasers with respect to rating, quality, grade, or substance of the 

merchandise. 

(9) Defaming competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit 

standing, or other false representations or the false disparagement of 

the grade or quality of their products for the purpose or with the 

effect of misleading or deceiving purchasers or prospective purchasers. 

(10) Using excessive inducements or entertainment or other practices for their agents, dealers, or distributors which tend to add unduly 

to sales costs. 

(11) Imitating or simulating any trade mark, trade name, slogan, 

or other marks of identification of a competitor, having the tendency 

and capacity to deceive or mislead purchasers or prospective purchasers. 

(12) So long as the maker of any trade-marked "Gas Appliance" 

(or his successor in business) continues to make and supply repair 

parts therefor, it shall be an unfair method of competition for any 

other person to make and supply repair parts for such "Gas Appliances" unless (a) the name of the maker of such repair parts is 

plainly marked on each part (or if this is impracticable on the package 

or tag) and unless (b) said parts are otherwise marked, packaged, and 

sold without imitative labels, and in such a manner as to clearly 

indicate to the ultimate user that they are not made by the maker 

of the original "Gas Appliance." 

ARTICLE XL-POWERS RESERVED TO THE PRESIDENT 

1. This Code and all the provisions thereof are expressly subject 

to the right of the President, in accordance with the provisions of 

Clause 10 (b) 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 to the right of 

the President to cancel or modify his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

ARTICLE XII-GENERAL PROVISIONS 

1. Amendments .- Such of the provisions of this Code as are not 

required by the National Industrial Recovery Act to be included 

herein may, with the approval of the President of the United States, 

be modified or eliminated as changed circumstances or experience 

may indicate. This Code is intended to be a basic code, and study 

of the trade practices of the gas appliances and apparatus industry 

will be continued by the Committee with the intention of submitting, 

from time to time, additions to this Code applicable to all employers 

in the gas appliances and apparatus industry and supplemental codes 

applicable to one or more branches. or subdivisions or product classifications of the gas appliances and apparatus industry; such supple-
431 

mental codes, however, to conform to, and be consistent with, the 

provisions of this code as now constituted or hereafter changed: 

2. Monopolies not encouraged.- N o provisions in this Code shall 

be interpreted or applied in such manner as to: 

(a) Promote monopolies or monopolistic practices; 

(b) Permit or encourage unfair competition; 

(c) Eliminate or oppress small enterprises; or 

(d) Discriminate against small enterprises. 

3. Restriction of Liability.-Nothing contained in this Code shall 

be deemed to constitute the members of this Code partners for any 

purpose. 

4. Application of the Oode.-If any employer in this Industry is also 

an employer in any other industry, the provisions of this Code shall 

apply to and affect only that part of the business of such an employer 

which is a part of the Industry covered by this·Code. 

5. Approval of the Administrator.-All action taken by the Committee in the administration of the Code shall be subject upon review 

by the Administrator to his disapproval or modification. 

Approved Code No. 134 

Registry No. 1129-1-11 

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