Registry No. 1128-07 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

PIPE COIL MANUFACTURING 

INDUSTRY 

AS SUBMITTED ON SEPTEMBER 1, 1933 

WE DO OUR PART 

1' ~- A'' ,., .., __ .... 

The Code for the Pipe Coil Manufacturing Industry 

in its present form merely refiects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

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Price 5 cents 
SUBMITTED BY 

PIPE COIL MANUFACTURERS ASSOCIA'l'ION 

(II) 
CODE FOR FAIR COMPETITION FOR THE PIPE COIL 

MANUFACTURERS ASSOCIATION 

ARTICLE I-PURPOSE 

This Code is set up for the purpo e of increasing employment, 

establishing fair and adequate wages, effecting nece sary reduction 

of hours, improving standards of labor, and eliminating unfair trade 

practices, to the end of rehabilitating our Indu try, which is the 

fabrication of pipe coils, pipe bends, and fabricated pipe and tubing, 

enabling it to do its part toward establi hing that balance of industries which is necessary to the restoration and maintenance of the 

highe t practical degree of public welfare. 

ARTICLE II-DEFINITION 

For the purpose of this Code the following definitions are 

established : 

Pipe Coil 11/anufa;oturer.-One whose principal busines is the 

purchase of pipe and tubing for threading, flanging, bending, coiling, welding, or otherwise fabricating to specifications and dimensions and who also may purcha. e other allied products for assembly 

therewith for resale. 

ARTICLE III-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 industry who accepts his share of the cost and 

responsibility, as well as the benefit, of such participation by becoming a member of the Pipe Coil Manufacturers Association, which 

now comprises in excess of 60% of the members of the Industry. 

There shall be no inequitable restriction to membership in the Pipe 

Coil Manufacturers Association as the official organization of this 

industry, and this code is not designed to promote monopolies or 

to eliminate or oppress small enterprises and will not operate to 

discriminate against them. 

ARTICLE IV-REGULATIONS 

Labor Code.-Employees in this 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 

aiel or protection. 

9696-33 (1) 
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No employee in this 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. 

Employers of labor in this industry agree to comply with the maximum hours of labor, minimum rates of pay, and other working conlitions approved or prescribed by the President of the United States. 

This industry shall establish minimum wages, maximum hours, 

and proper working conditions by mutual agreement with its employees, or as may be approved or prescribed by the President of the 

United States. See chedule "A" attached. 

ARTICLE V-ElVIERGENCY NATIONAL ColVIl\HTTEE 

A. R epresentation.-There shall be an Emergency National Committee of this industry to consi t of the members of the Executive 

Committee of the Pipe Coil Manufacturers Association and its 

E:xecuti Ye Director. 

B. Powers.-This Emergency National Committee shall be the 

general planning and coordinating agency for this industry. Its 

member hall be empowered to act for all units in the industry conclusively in respect to all matters before the committee for consideration and within its jurisdiction. The Committee shall have powers 

and duties as provided herein, and in addition thereto it shall 

(a) from time to time require such reports as in its judgment may 

be necessary to advise it adequately of the administration and enforcement of the provisions of this code; 

(b) upon complaint of interested parties, or upon its own initiative, make uch inquiry and investigation into the operation of the 

code as may be necessary; 

(c) make rules and regulations necessary for the administration 

and enforcement of this code; and 

(d) delegate any of its authority to the Executive Director of the 

Pipe Coil Manufacturers Association. 

ARTICLE VI-INDUSTRY REGULATIOXS 

A. Marketing Code 

The Pipe Coil Manufacturers As ociation has established this 

Marketing Code with respect to: 

(a) Simplification and standardization of products· 

(b) Price discrimina.tion.-It shall constitute unfair competition 

for a manufacturer to discriminate in prices, terms, discount , allowance , guarantees, or in any way between purchasers of the ame 

·lass, whether in the same or different territories and irrespective of 

whether the material is sold for specific operations, for federal, tate, 

county, or municipal government , or for any other specific purpose; 

provided, however, that nothing in this code shall be construed to 

prevent any manufacturer from selecting his own customers in bona 

fide transaction. 

(c) 0 omm.ercial br·ibery.-To give, or permit to be given, or to 

offer to give directly or indirectly, money or anything of value to 
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agents, employees, repre entatives, and engineers of purchasers or 

prospective purchasers for the purpose of influencing their employers or principals or prospective employers or principals to purcha e from the profforer, or to refrain from purcha ing from competitor of the profferer, constitutes unfair competition. 

(d) Rebates.-Withholding from, or in erting in the invoice, 

facts or other sales documents which make the invoice or other documents a fal e record, wholly or in part, of the transaction represented on the face thereof, and/ or the payment or allowance of secret 

rebates refund , credit, unearned discounts, whether in the form of 

money or otherwise, or the extension to certain purchaser of service or privileges not extended to all purchasers under like term and 

conditions, constitutes unfair competition. 

(e) Invoices.-All sales shall be inYoiced at the time of hipment, 

and such invoices shall clearly and accurately state all of the essential elements of the sale. Failure to comply herewith shall constitute unfair competition. 

(f) Substitution.-The furnishing of materials more or less expen ive, of better or inferior quality, or of larger or smaller size 

than specified without making the proper adjustments in the quoted 

price and clearly indicating the nature of the substitution, constitutes unfair competition. 

(g) False statements.-The making of false statements with respect to a competitor's product , policies, or practices shall constitute 

unfair competition. Every member of this industry shall be 

responsible for the acts and statements of his employees. 

(h) lnd1.t-cing breach of contract.-No member of the industry 

shall induce or attempt to induce the cancelation of an order or the 

breach of a contract between a competitor and his customer. 

(i) Published p1·ices.-Each manufacturer shall publish his prices 

and file same with the Executive Director of the Pipe Coil Manufacturers Association. Such prices shall be adjusted from time to 

time pursuant to the provisions of the Industrial Recovery Act. 

Deviation from such prices shall constitute unfair competition. 

(j) Prices a1'!d terms.-It shall constitute unfair competition for 

any manufacturer to sell his products below the price and contrary 

to the term , discounts, allowances, and con litions established from 

time to time pur uant to the provisions of the Industrial Recovery 

Act as the minimum price basis below which it is impo sible for 

manufacturers of average ability and efficiency to maintain fair 

\Yages and employment conditions to pay the costs of doing business 

and to earn a fair profit. Prices, terms, discounts, allowances, and 

conditions currently in effect hereunder from time to time shall be 

ubmitted to the President of the United States for his approval. 

(k) Lump Sum Bidding.-Quoting a total price on any schedule 

comprised of Fabricated Piping, Valves, Fittings, Coils, or other 

allied materials which does not show a break-down of prices or, in 

other words, a separate unit price on each group or class of material, 

shall be considered an unfair method of competition. 

Quoting a total price on any schedule of fabricated or allied materials which is not the same as the total of the unit prices on the 

same list of materials is also an unfair method of competition. 
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ARTICLE VIL-STATISTICS 

In or ler to provide the nece sary data for the administration of 

the National Industrial Recovery Act, the men1bers of this Industry 

shall furnish through the Emergency National Committee or the 

Executive Director, uch statistical information when and if calletl 

for by the Administration. 

ARTICLE VIII 

All communications and conferences of this industry with the 

President of the United States or with his agents concerning the 

approval or amendments of this Code or of any of its provision 

or any 1natters relating thereto, shall be through the said Emergency 

National Committee and Executive Director. The Emergency N ationa! Committee shall serve a an executive agency for this indu try and shall be charged with the enforcement of the provisions 

of this Code and with the duties, through agents or otherwise, of 

hearing and adjusting complaints, considering proposals for amendments and making recommendations thereon, approving recommendation for exceptions to the provisions of this Code and otherwise 

admini tering its provisions. The function of this Committee shall 

be the general planning and coordinating for this industry and the 

cooperation with similar boards of other industries to the end oi 

effecting a balanced national economy. 

ARTICLE IX-GENERAL 

1. No provision in this Code shall be interpreted or applied in such 

manner as to 

a. Promote monopolies or combinations in restraint of trade, 

b. Permit or encourage unfair competition, 

c. Eliminate or oppre s small enterprises, or 

d. Discriminate against small enterprises. 

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

and any approved rule issued thereunder shall be ineffective to 

the extent necessary to conform to any action by the Pre ident of 

the United States under Section 9 (b) of the National Industrial 

Recovery Act. 

3. Amendments to this Code may be proposed by any member for 

consideration by the Emergency National Committee or may be initiated by it, and when approved by the President of the United 

States shall be effective. 

4. Violation by any producer of this industry's product of any 

provisions of this Code, or of any approved rule issued thereunder, 

is an unfair method of competition. 

5. The Pipe Coil Manufacturers Association shall be the enforcing agency of the industry of fabrication of Pipe Coils, pipe bends 

and fabricated pipe and tubing. The sponsors and signatures of 

this Code agree that when same has been giv~n Governl?~nt approv~l 

it shall be considered the standard of fa1r competitiOn for this 

industry and that any violation of these standards in any t~ansaction 

or affecting interstate commerce hall be deemed an unfair method 

of competition. 
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Any alleged infraction of the regulations governing the industry 

shall be investigated by the Executive Director of the Pipe Coil 

Manufacturers Association, who shall report the facts to the Emergency National Committee before taking any action in the premises. 

6. No member of the Emergency National Committee shall participate, as a member of such En1ergency National Committee in any 

proceedings in which he is interested in either the complainant or 

respondent company, or in which he is in any other manner directly 

interested, and in the event of any such disqualification, the remaining members of such Emergency N atj onal Committee shall certify 

such disqualification, together with the reasons therefor, to the 

Executive Director who shall promptly designate a person to sit as 

a special member of ~uch Emergency National Committee for the 

purpose of any such proceedings. 

7. This Code shall be in effect beginning ten days after its approval by the President of the United States. 
''' ''''"~'~'~'"'~"''flflllliilil 3 1262 08855 llitl~l 6492 

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SCHEDULE A 

HOURS 

A-1. On and after the effective date of this Code, employer · in thi. Industry 

shall not operate on a schedule of hours of labor for their factory emp oyee~. 

mechanical wo·rkers, ancl artisans, except employees on emergency, maintenanct!, 

and repair work, in excess of 40 hours per week. 

A-2. It shall be permissible, however, in an emergency to increa e the number 

of weekly hours which any factory employee, mechanical worker, or arti an may 

be employed provided his total number of hours worked shall not exceed 160 

hour for any four-week period. 

A-3. On and after the effective clute of this Code, employers in thi. Industry 

shall not operate on a schedule of hours of labor for their accounting, clerical, 

office service, or sales employees (except outside salesmen) or employees in a 

managerial or executive capacity who now receive more than $35.00 per weekin excess of 44 hours per week. 

WAGES 

B-1. On and after the effective date of this Code, the minimum wage that 

shall be paid by employers in this Industry to factory employees, mechanical 

workers, or artisans shall be not less than 40¢ per hour. B-2. On and after the effective date of this Code, the minimum wage that 

shall be paid by employers in this Industry to their accounting, clerical, offiee 

service, or sales employees (except outside salesmen) or employees in a managerial or executive capacity who now receive more than $35.00 per week shall 

be not less than $15.00 per week. 

(6) 

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