v 

1363-B Registry No. 1129-1-17 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL TlJBULAR AND 

FIREBOX BOILER INDUSTRY 

AS APPROVED ON OCTOBER 23, 1933 

BY 

PRESIDENT ROOSEVELT 

. . - ----

U.S. DE _ l Ex~c~tive Order 

. L-etter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

~ \ 

Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

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

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Bo ton, Ma s. : 1801 Customhou e. 

Buffalo, NT. : Chamber of Commerce Building. 

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

Chicago, Ill.: Suite 1706, 201 North Well Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dalla , Tex.: Chamber of Commerce Building. 

Detroit, Mich. : 2.213 First Kational Bank Building. 

Hou ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building . 

.Jack om·ille, Fla. : Chamber of Commerce Building. 

Kan s City, :Mo.: 10_8 Baltimore A\enue. 

Lo Angeles, Calif.: 1163 South Broadway. 

Loui ville, Ky.: Room 405, 421 We t Market Street. 

Memphi , Tenn. : 266 South Water Street. 

Minneapoli , linn. : 213 Federal Building. 

New Orlean , La.: Room 225-A, Cu tomhouse. 

New Y rk N.Y. : 734 Customhouse. Norfolk. Va .: 406 Ea t Plume Street. 

Philadelphia, Pa.: Room 81:..., 20 South Fifteenth Street 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Po t Office Building. 

St. Loui , Mo. : 506 Olive Street. 

San Franci co, Calif. : 310 Cu tomhouse. Seattle, Wash. : 1406 Vance Building. 

(II) 
EXECUTIVE ORDER 

ConE OF FAIR Cm\lPETITIO~ FOR THE STEEL TUBULAR AND FIREBox. 

BoiLER INDUSTRY 

An application having been duly made, pursuant to and in full 

compliance with the proYisions of Title I of the National Industrial 

Recover Act, a ppro1ed June 16, 1933, for my approval of a Code 

of Fair Competition for the Steel Tubular and Firebox Boiler Industr' and hearings having 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 

finding with respect thereto and the Administrator having found 

that the aid Code of Fair Competition complies in all respects with 

the pertinent prm-isions of Title I of aid Act and that the requirement of Clan e (1) and (2) of ubsection (a) of Section 3 of the 

aid Act have been met: 

N OvV, THEREFORE, I, Franklin D. Roosevelt, President of the 

United State~ pur uant to the authority 1ested in me by Title I of 

the National Industrial Recovery Act approved June 16 1933, and 

othe_rwi e do approve_ t~e report and recommendations and adopt the 

finding of the Admm1 trator and do order that the .. aid Code of 

Fair Competition be and it is hereby approved. 

THE WHITE H ou E 

October ~3, 1933. 

Appro1al recommended : 

H GH . JOHNSON 

Administ1·ator. 

1 7478°-l 8-42-33 

FRANKLIN D. ROOSE\ ELT. 

<m) 
OcTOBER 7, 1933. 

The PRESIDENT, 

The W hiie House. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Steel Tubular and Firebox Boiler Industry in the 

United States, conducted in Washington on September 28, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROVISIONS OF THIS CODE FOR HOURS AND WAGES 

Factory employment is limited to 40 hours per week, except on 

emergency or erection work, for which the time-and-a-half rate will 

be paid for inside work and double time for outside work. Executives, outside salesmen, and watchmen are not included in this sched- ule of hours. Where production requires less hours of work, the days 

per week may be reduced by agreement between employers and 

employees. New apprentices can be employed only with the consent 

of the Industry Committee and the Administrator, whose decisions 

will be based on the local unemployment conditions. 

The minimum wage J?rovided for factory workers will be 40 cents 

per hour except in specified southern states where the minimum will 

be 34 cents. Old or disabled employees will be paid no less than 

80 percent of this minimum. The minimum wage for all other 

employees, except commission salesmen, will be not less than $15 per 

week, office boys and girls receiving no less than 80 percent of this 

minimum. The minimum age of employees will be 16 years. 

ECONOMIC EFFECT OF THE CODE 

The 40-hour normal week for factory employees, with the additional pay for overtime, should tend to level employment peaks in 

this Indu try and increase the number of workers. Though exact 

figures on this increase are not obtainable, it may be noted that the 

adoption of the 40-hour week under the Re-Employment Agreement 

and recent improved busine s have increased employment, from 

April 1st to September 1 t, 45 percent. 

As a result of the minimum wages provided, the average wage 

rate increase over those in effect April 1, 1933 has been estimated at 

19 percent. The average minimum wage rate last April was 

approximately 30 cents and on September 1st, 36 cents. 

The labor provi ions of this Code conform, as agreed, to those 

of the Boiler :Manufacturing Code. Steel Tubular and Firebox 

Boilers include the tationary type used in buildings. They are sold 

partly direct and partly throu()'h jobbers and contractors, in accordance with tandard price lists and catalogs. 

The comprehensive provisions of this Code on trade practices are 

sub tantially the same as those already established by th Steel Heat-

<rv> 
v 

ino- Boil r In titute, the members of which include 66 percent of 

the manufacturers and have 94 percent of the total volume of bu in . '111 practi e in orporated in this Code pro ide a more liberal 

interpretation and more extensive application of the statutes, adequat 1 standardizing and improving the trade conditions of the 

Indu tr r a a whole. 

Thi 'Inlu try has suffered evere lo ~ es during the depres ion. 

"ale have dropped from $21,000,000 in 1928 to about $5,000,000 in 

1932 · and the number of employees from 3,300 to a third of that 

figure the early part of this year. Only by increased business, which 

will come about largely through an upturn in construction, can 

thi capital good Industry put a large number of employees back 

to work. In arri ing at the terms expressed in the Code, it has 

shown its cooperation in complying with the spirit of the Act. 

FINDINGS 

The Admini trator 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 

Steel Tubular and Firebox Boiler Industry; and that 

(c) The Code as recommended is not desig1Jed to promote mo· 

nopolies 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. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully, 

HuGH S. J OIINSON, 

Ad1ninistrator. 

CODE OF FAIR COMPETITION FOR THE STEEL TUBULAR 

AND FIREBOX BOILER INDUSTRY 

ARTICLE I-PURPOSES 

The following provisions ar e establi hed as a Code of Fair Com. 

petition for the Steel T ubular and Firebox Boiler I ndustry in order 

to e:ffe tuate the policy of Title I of theN ational Industrial Recovery 

Act. 

ARTICLE II-DEFINITIONS 

The term Steel Tubular and Firebox Boiler I ndustry " as used 

herein (hereinafter abbreviated to "this industry") is defined to 

mean all manufacturers of steel heating boilers as defined in Section 

IV, Sub-Section I , of the Boiler Code of the American Society of 

:Mechanical Engineers; al o, for all working pressures Scotch type 

boilers for tationary use vertical fire tube boilers, horizontal firebox 

type boiler tubeless boilers, oil country boilers, miniature boilers. 

The term ' member of this industry '' as used herein is defined to 

mean, but without limitation, all per ons, partnerships, or corpora· tions who manufacture any of the above- pecified items. 

The term " member of the Code " as used her ein is defined to mean 

any member of this industry who signifies assent to this Code. 

ARTICLE I II-HoURs 

SECTION 1. (a ) No employer shall employ, in any labor operations, 

any per on more than 40 hours per week, five consecutive days and 

ight con ecutive hours per day, exclu ive of meal period, except 

watchn1en andjor a provided under paragraph (b), provided, how- ever that where it is nece sary to work le s than 40 hours per week, 

the hours n1ay be divided by agreement between the mplo} er and 

the employ to a le er number of days per week but in no case 

hall the hour exceed nine per day. 

(b) In ca e of em r en y produ tion, repair or erection work 

that annot be met by th emplo ment of additional men andj or 

it become nece ary in order to protect life or prop rty, to ex e d 

the h ur heduled in ection I (a) all such exce time hall be 

paid f rat the rate of not le than on and one-half tim s the hourly 

r ate for hop work. F r all ou ide r pair, r newal, con truction 

andjor er tion work not I s than double the h urly rat hall be 

paid for all uch exce s tim . (c) ~ o n w appr nti e shall be mplo -ed in the in ustry x pt 

that the E cutive ommitt e (a d ;-;jgnat in Article VI) ubje t to th a proval f th A mini trator, may gTan th mpl ym nt 

f uch n w apprentic if in hi ju m nt the .'"i ting .-urplu of un· 

mployed local labor is ab orbed ]n re onabl t ady employment. 

(1) 
2 

This is not to be construed to prohibit instruction o:f mechanics already employed in this industry. 

(d) For all other employees except executives, executives' secretaries, administrative an l supervisory employees, and traveling and 

commission salespeople, the time worked shall not be in excess of 40 

hours per week. 

SEc. 2. No employee shall be employed or permitted to work for 

one or more employers in this industry in the aggregate in e::s:ce s of 

the prescribed number of hours in a single week; provided, however, 

that if any employee works for more than one employer for an aggregate period in excess of such maximum without the connivance of 

any one of such employers, said employer shall not be held to have 

violated this provision. 

ARTICLE IV-'V AGES 

SEcTION 1. (a) The minimum wages that shall be paid by any 

employer to any employee of the Steel Tubular and Firebox Boiler 

Industry in labor operations directly incident thereto shall be 34¢ 

per hour for the Southern territory and 40¢ per hour for all other 

portions of the United States. The Southern territory is located 

South of the States of Maryland, "Test Virginia, and l(entucky and 

East of the Mississippi River. 

(b) Old or partially disabled employees unable to perform their 

usual duties are not included in the above labor provisions, except 

that they shall in no case be paid less than 80% of the above minimum, and provided that the total number of such employees shall 

not exceed 5% of the total number employed by any one employer 

or where less than forty ( 40) persons are employed such employer 

shall be entitled to two (2) employees of this class. 

(c) The minimum wage that shall be paid by any employer to all 

employees, other than those covered in Section I (a) and (b) except 

commission salespeople, shall not be less than $15 per week; provided, 

however, that office boys and girls may be paid not less than 80% 

of such minimum "Wage, but the total number of such office boys or 

girls shall not exceed in any calendar month 5% of the total number 

of all employees covered by the provisions of this Section I (c) and 

provided further that where a State law provides a higher minimum 

wage, no person shall be paid a lower wage than that required by 

such law, within that State. 

SEc. 2. No employee shall be classified in any one of the exempted 

classes defined in this Article and in Article III, unless he performs 

:functions substantially identical with those performed by employees 

thus classified on June 16, 1933. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No employer shall employ any person tmder sixteen 

years of age. Provided, that where a State law provides a higher 

minimum age, no person below the age specified by such State law 

shall be employed within that State. 

SEc. 2. All employers in this industry shall comply with the provisions of Sub-SectiOn (a), Section 7, of the National Industrial 
3 

R cov ry A t a follow : (1) That empl yees ·hall have the rirrht to 

r aniz and barbain oll ctively thr uo-h repr ntati of their 

"n h in and hall be free from th inter£ r n e r traint, or 

er i n f emplo ' r of labor or th ir ao-ents, in the de irr1 ation of 

uch r pr -entati or in If-organization or in other concer -d actiYitie f r th J2Urpo e f colle tive bargainino- or oth r mutual aid 

or pr t tion · (2) that no employee and no on seeking employm nt 

hall be required as a ondition _of employment to join an company 

union or to refrain from joining organizing or a sisting a labor 

organization of his own choo ing; and (3) that employers shall 

mply with the maximum hours of labor, minimum rat s of pay, 

and other conditions o£ employment, approved or prescribed by 

the President. 

EO. 3. Any sy tern of contracting shop work by which an employee undertakes to do a piece of work at a specific price, and 

engages other employees to work for him, is prohibited by this 

Code. 

EC. 4. The wage differentials for all operations shall be equitably 

readjusted and in no case shall they be decreased. No unfair advantage hall be taken of any employee in making this Code effective. 

Each member of this industry shall report all such readjustments to 

the ~Ianager within 30 days of the effective date. 

SEc. 5. No employer shall contract for the :fabrication and/or erection of any of the products of this industry with any employer or 

employee except when such employer or employee agrees to comply 

with the labor provisions of this Code during the performance of 

the contract. 

SEc. 6. Each employer shall post in each workshop and on central 

notice board in his factory the labor provisions of this Code. 

ARTICLE VI-ADMINISTRATION 

SECTio .. T 1. The Steel Heating Boiler Institute, hereinafter designated a the S.H.B.I. hall not impose any inequitable restrictions on 

admi sion to memb r hip. 

EO. 2. The Executive Committee of the S.H.B.I. to member hip 

of whi h the Pre id nt may appoint one nonvoting member i 

h reby de ignate an Agency to cooperate with the Administrator 

in th administration an enforc ment of thi Code and for this 

purpo e shall appoint a full-time manager who, subject to approval 

f th Ex utiv ommittee an th Administrator, shall (a) att mpt 

t det rmin within the industry a to whether any member has, 

or ha not adhered to the provi. ions of this Code· (b) act a the 

inclu try repr entative in all d alin~ with the Gov rnment · (c) 

con u t any inv tigation or urv y w1thin this in ustry that might 

. b of g n ral b n fit to this indu try. 

E . 3. With a vi w t upplyino- lata a. t the b rvan or 

nonob rvance of the d each mcmb r f thi inrlu tr hall mak 

su ·h rep rts r luting t matt r ver y thi o e at uch times 

and in u h f rm a th Ex uti ommitte f th .H. .I. ubject t th appr val f th mini tr, tor . hall pre. ribe. u h 

rep rt .. hall b r eiv d y th 1anagPr. The ~ xe utiv ommitt e 

of th .H.B.I. rna r quir aid rei ort t b ub tantiat cl by 
4 

oath. I£ the manager has reason to believe that any report o£ any 

member is inaccurate, such report may be verified by inspection o£ 

the books and records o£ such member by a disinterested and impartial agency designated by the Executive Committee o£ the 

S.H.B.I., subject to the approval o£ the Administrator. The said 

reports shall be held in confidence by the Manager except insofar 

as disclosure may be necessary £or the effective enforcement o£ this 

Code. 

SEc. 4. Nothing in this Code shall preclude furnishing o£ compiled data to the members o£ this industry by the Manager. 

SEc. 5. In addition to information required to be submitted to the 

Executive Committee o£ the S.H.B.I. there shall be furnished to 

government agencies such statistical information as the Administrator may deem necessary £or the purposes recited in section 3 (a) 

o£ the National Industrial Recovery Act. 

SEc. 6. Members o£ this Code shall be entitled to participate in 

the Code activities o£ the S.H.B.I. 

SEo. 7. Each member o£ the Code shall contribute his equitable 

arid proportionate share toward the cost o£ administration o£ this 

Code, either by becoming a member o£ the S.H.B.I. or by paying 

an amount equal to that portion o£ the dues and/or assessments paid 

by members o£ the S.H.B.I. which are used to defray the expense 

o£ administration o£ this Code. 

SEc. 8. Upon request o£ the manager each member o£ the Code 

shall submit data necessary £or prorating this expense. Each mem- ber o£ this Code shall pay his prorated share o£ this expense upon 

demand o£ the Treasurer o£ the S.H.B.I. 

SEc. 9. Each member o£ this industry shall report to the manager any infraction o£ a provision o£ this Code by any other member o£ this industry where said infraction affects the reporting 

member's business. 

SEo. 10. Each member o£ this industry who violates any provisions o£ this Code is liable to the penalty prescribed by the N a- tio.nal Industrial Recovery Act. 

ARTICLE VII-TRADE PRACTICES 

SEc. 1. In order to promote £air competition and prevent discrim- ination between purchasers, the following provisions shall be observed and practiced by all members o£ this industry: 

(a) Prices, terms, and discounts shall be openly and publicly announced, and to this end they shall be issued 1n printed form by the 

individual manufacturer. 

(b) All offers to sell which take the form o£ a quotation shall 

represent the true prices and terms at which the manufacturer will 

sell the goods covered by the quotation then being made, and any 

omission o£ parts, or the furnishing o£ additional equipment shall 

be reflected in the selling price. 

(c) All goods sold shall be invoiced at the true selling prices. 

(d) No member o£ this industry shall disseminate false or misleading information relative to competitor's products, selling prices, 

credit standing, ability to perform work, or labor conditions among 

competitor's employees. 
5 

(e) No member shall give any gratuity to any person, including, 

but without limitation any natural person, partner hip, association 

r corporation, to induce such person to specify allow or appro e 

the J?roduct f a particular manufacturer. 

(f) o member hall allow unjust claims for alleged shortage or 

br akage. 

(g) No member of this industry shall circulate, not in good faith 

but for the purpo e of hara sing and intimidating customers, threats 

of suit for Infringement of patents or trade marks among customers 

of a competitor. (h) No member of this industry shall attempt to induce the breach 

or abandonm nt of any contract between a member and his customer. 

(i) No member of this industry shall be a party to commercial 

briber in any form or under any condition. 

(j) No member of this industry shall enter into a written or oral 

agreement with any person that one or more clauses of the contract 

or the pecification will not be enforced, thereby receiving an unfair 

advantage over competitors. . 

(k) No member of this industry shall make a deposit for the privilege of receiving plans and specifications and the opportunity to bid 

on a contract without an agreement that the return of the full 

amount of the deposit will be made upon the return of the said plans 

and specifications to the issuer. (l) The members of this industry manufacture and sell equipment 

and this industry does not look with favor on guarantees of any 

character other than those relating to materials and workmanship, 

and under no condition shall any maintenance guarantees be made. 

No member of this industry shall promise a better performance or 

make a higher guarantee than previous experience indicates can be 

obtained. 

(m) No member of this industry shall accept a contract containing ~- penalty clause either for performance of the apparatus sold 

or for time of delivery, unless the contract shall also contain a clause 

providing a bonus to the member at the same rate as the rate of 

penalty, except with the approval of the Executive Committee who e 

deci ion . ball be ubject to approval of the Admini. trator. 

(n) All quotations shall be made in accordance with published 

price li t and any items not covered by such price lists shall be inludecl in the quotation with price list item and shall be itemized 

at the normal sellinO' price. 

( o) All member hall include in all price list , quotations and 

contract uch general terms, di counts, freight term and ·uarantees 

a may be pre cribed by the Executi e Committee ubj ct to approval 

of the lmini trator. 

(p) All members shall send to the ~Ianager two copies of price 

sheet and catalogs and as many additional copies as he may require 

for distribution to other members. 

( q) ny member makin any change in a publi hed rice li t 

hall mail notic to the manag r five bu ine days pri r to ffective 

dat of ·uch ·hange and con ·urT n l hall pla e in the mail notices 

to all known con p t]ti e members giving c1 tails of hange. Oth r 

memb r b mailin no i to th manag r an l to all ther kno~ n 

competiti e m mber may make pri e list chang effecti e the same 
6 II I II \\\\\mliillimili Iii\ fil i\~~~ [\m\iil\111 Ill\I I 

3 12s2 osass 5429 

date as specified in the notice received. The operation of the foregoing at all times shall be subject to the approval of the Administrator. 

SEc. 2. No memb--r of this industry shall sell any of his products 

at or below cost. Cost shall be determined by a system of cost 

accounting approved by the Executive Committee, subject to the 

approval of the Administrator. 

AnTICLE VIII-MoNOPOLIES 

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

manner as to (a) permit monopolies or monopolistic practices, (b) 

permit or encourage unfair com:r:etition, (c) eliminate, discriminate 

against, or oppress small enterpnses. 

ARTICLE IX-MODIFICATION 

SECTION 1. This Code and all the p!'ovisions thereof are expressly 

made subject to the right of the President, in accordance with th~ 

provision of Subsection (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 of this Code or any conditions 

imposed by him upon his approval thereof. 

SEc. 2. Such of the provisions of this Code as are not required to 

be included therein by the National Industrial Recovery Act may, 

with the approval of the President, be 1nodified or eliminated as 

changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this 

Code or additional Codes will be submitted for the approval of the 

President to prevent unfair competition in price and other unfair 

and destructive competitive practices. 

ARTICLE X-EFFECTIVE DATE 

SECTION 1. This code shall be effective as the Code of Fair Competition for the Steel Tubular and Firebox Boiler Industry on the 

second :1\ionday following date of approval by the President of the 

United States. 

SEc. 2. This Code shall continue in effect for a period of ninety 

days after the effective date of approval and thereafter until terminated as hereinafter provided. It may be terminated at any time 

after the expiration of such period by the same action by members 

of the Code as is above provided for the amendment thereof. When 

so terminated all obligations and liabilities under the Code shall 

cease, except those for unpaid assessments theretofore made in accordance with the provisions of the Code and those for liquidation 

damages theretofore accrued under any provisions of the Code. 

0