Approved Code No. 272-Amendmcnt No.1 Registry No. 1304-04 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR TilE 

UNIT HEATER AND/OR 

UNIT VENTILATOR MANUFACTURING 

INDUSTRY 

AS APPROVED ON SEPTEMBER 22, 1934 

.. .... --

UNITED STATES 

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WASHINGTON: 1934 

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Approved Code No. 272-Amendrnent No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

UNIT HEATER AND/OR UNIT VEN-TILATOR 

MANUFACTURING INDUSTRY 

As Approved on September 22, 1934 

ORDER 

APPROVING AMEXDl\I ENT OF CoDE oF FAIR Col\IPETITIOX Fon THE UNIT 

HEATER AND/OR UNIT VENTILATOR JYIANUFACT RING INDUSTHY 

An application having been duly made pursuant to and in full 

compliance with the provi ions of Title I of the National Indu trial 

Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Competition for the Unit H eater an ljor 

Unit Ventilator :rvianufacturing Iudu try, and opportunity to be 

heard having been afforded all members of the Industry, and no 

objections having been filed, and the annexed report on said am nclment, containing finding with respect thereto having been made 

and directed to the President: 

NO\V, THEREFORE, on behalf of the Presi lent of the United 

State , I, Hugh S. Johnson, Admini trator for Industrial Recov ry, 

pursuant to authority vested in n1e by Executive Order· of the 

President, including Execntiv Order No. 65±3-A, dated December 

30, 1933, and otherwise; do hereby incorporate, by reference, ·aid 

annexed report and do find that said amendment and the Code a · constituted after being amended comply in all re ·pect with the pertinent provision and will promote the policy and purposes of . aid 

Title of ·aid Act, and do hereby order that said amendment be and 

it i hereby approve l as modified hereafter and that the previous 

approval of said Code i hereby modified to indu le an approval of . aid Code in its entirety as amended except that paragraph (3) of 

Section 8 of Article VI hall be further amended to read: 

"The Code Authority ·hall neither incur nor pay any obligation 

sub tantially in exce of the amount thereof a e timatecl in its 

approved budget and hall in no event exceed the total amount ontained in it approYed budo·et, except llpon appro,·al of the Administrator; and no ub eqt1ent bu ]o·et shall contain any c1 ficiency item; 

for expenditure in exce. · of prior bt1clget e timate. except those 

which the Admini trator hall haYe . u approYed ; and, 

87323°--.--1181-D0----34 (1) 
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PHOVIDED that Article VI, Section 4 paragr<tphs (f) and (g) 

be delet cl in ofar as th y are in conflict with the provisions of this 

amendment. 

Approval re om men 1ed : 

BARTON \V. JU RR \Y, 

Huon S. JoHNSON, 

i(lministrator for I nd-ustrial Recovery. 

Division Administratm'. 

\VA HI YGTON, D.C., 

8epte1nbe1' :.~:8 , 19 L 
REPORT TO THE PRESIDENT 

The PnE IDE TT, 

Th 1Vhit House. 

rn : Thi is a report on the amen hnent to the Co ie of Fair Competition for the Unit Heater and/ or Unit Ventilator l\1anufacturing 

Indu try. Notice of opportunity to be heard wa: ·e:nt to all members f th Indu try on Ano·u t 13, 193±, and no objection. .re re filed 

with th A lministration. The amen lment \vhi h i attached, was 

pre ent" l b, 7 the Code ~ uthority. 

Th ode of Fair Competition for the Unit H eater and/ or 

Unit Yentilat r l\Iannfa turing Inlu try provide in Arti ·le YIII, 

Section 3 that 

' This Code, except as to provi ·ions regnirecl by the .Ac , may 

be modified on the ba js of experience or change in circum tances, 

such moclifi ·atioi1 ·to b basel upon application to the Admini trator 

and u ·h notice and hearing as he may spe ·ify, and to bacome eff"ctive on approval of the Pre ident. Any su ·h a1 plication may be 

made by the Code Authority." 

Tl i amendm nt 1 rovid that Section 8 of Article VI be deleted 

and that certain provision be .... ub tituted in lieu thereof to facilitate 

the colle ·tion of a e · ·ments from each member of the Inclu try. 

FINDINGS 

The As,j tant Deputy Administrator in his final report to me on 

, ai 1 amendment t ·aiel ode haYing found a herein et forth and 

n the ba i of all the pro eeding in thi. matter : 

I fin 1 that : 

(a) The amendment to ail C cle and the Cole a amended are 

well de ·irrned t pr mote th policie and purpo ·e.- of Title I of the 

_ T ational Industrial RccoY ry Act includin()' th removal of ob truction to the free fl w of inter tate an l foreio·n commerce which tend 

to dimini: h the amount thereof, and \\ill provide for th n·en ral 

welfar by promoting th organization of indu try for the purpose 

of ooperative 8 tion among trade groups, by inducing anc1 muintainino· unite 1 act.ivn of labor and management un lcr adequate o·overnmental san tion an l ·upervi ·ion, by eliminating unfair competitive 

practice: by promotinp· the fulle t po ibl utilization of th pre ent 

procluctiY capacity of in lu trie , by avoi ling undu r estriction of 

pro luction (·xc pt as may be temporarily requir d), by increasing 

the con.-ump ion of incln trial and agri ultnral products through increa:ino· pur<Sha ·ino· pow r by reducin()' and reli Yino· unemployment, 

by improvina tan Jar l of labor, and by othenvi ·e r ehabilitating 

inclu ·try. 

(b) Th ode a amended complies in all re pects 11ith the pertinent pro\'i i n of ·aid Title of ·aid Act, including without limita-

(3) 
4 

tion Sub ection (a) of S ction 3 Subsection (a ) of Section 7 and 

Sub ection (b) of ection 10 thereof. (c) The Code empmver the Code Authority to pre ent the aforeaid amendment on behalf of th Iudu try a a 'Yhole. ( 1) The am ndment and the Code a. amended are not de ·igned to 

and will not p rmit mon polie or monopoli tic practice . 

( ) The amendment and the Code a: amended ar not de igned 

to and will not eliminate or oppre · mall ent rpri e and "·ill not 

operate to discriminate again t them. 

(£) Tho e engaged in other st ps of th economic proce · have not 

been depriYed of the right t be heard prior to approval of aid 

amendment. For the rea on , ther fore, I have approYed thi amendment. 

Re pectfully 

SEPTEMBER 22, 1934. 

H uGn S. JoH T oN, 

Adn1inist1·ato1·. 
MODIFICATION OF CODE OF FAIR COlVIPETITION FOR 

THE UNIT HEATER AND/OR - UNIT VENTILATOR 

:MANUFACTURING INDUSTRY 

l\1oclify Article VI, Section 8 by deleting and substituting in lieu 

thereof the following: 

SEc. 8. (1) It being fou:nd necessary in order to sui port the 

administration of this code and to maintain the standards of fair 

competition established hereunder and to effectuate the policy of the 

Act, the C de Authority is authorized : 

(a) To incur c.·uch reasonable obligation · as are necessary and 

proper for the foregoing purpo es, and to meet such obligations out 

of funds which may be rai eel as hereinafter provided and which 

l1all be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject 

to ·uch notice and opportunity to be heard as he may deem necessary 

( 1) an itemized budget of its e. timated expenses for the foregoing 

pnrpo es, and (2) an equitable basis upon which the funds necessary 

to upport such budget shall be contributed by members of the 

industry; 

(c) After such budget and basis of contribution have been appro-ved 

by the Administrator, to determine and obtain equitable contribution 

as aboYe set forth by all members of the industry, and to that end, 

if neces ary, to institute legal proceedinas therefor in its own name. (2) Each member of the industry hall pay his or its equitable 

ontribution to the expenses of the maintenance of the Code Authority, determined as hereinaboY provided, and . ubject to rules and 

regulations pertaining thereto i. sued by the Admini trator. Only 

member of the inlustry complying with the code and contributing 

to the expen e of its aclmini tration as hereinabove provided, unless 

duly exempted from making such contributions, shall be entitled to 

participate in the -·election of members of th Code Authority or to 

receive th benefit of any of its voluntary activities or to make use 

of any emblem or in ignia of the National Recovery Administration. 

(3) The Code Authority shall neither incur nor pay any obligation in xcess of the amount thereof as e:tim_ated in its approved 

budget, exce1)t upon approval o:f the Administrator; and no subseq uent budget shall contain any deficiency item_ for expenditures in 

exce of prior budget e ·timates except tho e which the A lministrator shall haY.e so approved. 

Approved Code o. 272-Amendment No. 1. 

Registry No. 1304-04. 

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