NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FO.R THE 

RANGE BOILER 

MANUFACTURING INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 1103-03 

The Code for the Range Boiler 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 having received the approval of 

U.S. OEft 

the National Rec6very Administration 

as applying to this indust'ry 

TO~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - Price 5 cents 

CODE OF FAIR COMPETITION OF THE RANGE ·BOILER 

MANUFACTURERS' ASSOCIATION 

The manufacturers of Range Boilers whose signatures are affixed 

hereto being nearly all of the members of the Range Boiler Industry 

.and incidental lines such as: 

a. Expansion Tanks; b. Hot Water Storage Tanks; and c. Pressure Tanks for Air, Water, Gases and other fluids. (All of the 

above fabricated by the all-welded, riveted, riveted and welded, or 

brazed processes.) 

In order to eliminate unfair competitive practices, to reduce and 

relieve unemployment, to improve standards of labor, and otherwise rehabilitate this industry and promote the general welfare, do 

bereby submit the following Code of Fair Competition for approval 

of the President under section 3 (a) of the National Industrial 

Recovery Act. 

GROUP A - EMPLOYMENT 

Rule A-1- 0hild Labor.-It shall constitute unfair competition 

for anyone to employ persons in this industry who are less than 16 

years of age; provided, however, that where State laws provide a 

higher minimum age no one shall employ persons who are younger 

than the age specified by such State laws; and provided further, 

that no one under 18 years of age shall be employed on operations 

determined by the industry to be dangerous. 

Rule A -2- W ages and H ours.- It shall constitute unfair competition for any employer to fail to comply with the maximum hours 

of labor or minimum rates of pay approved or pn~scribed for the 

industry by the President of the United States. The approved 

"Maximum Hours of Labor" and "Minimum Rates of Pay" currently in effect hereunder shall be attached hereto as Schedule "U." 

Rule A-3- General Regulations.- All Manufacturers shall comply 

with the following specific provisions of Section 7 (a) of the National 

Industrial Recovery Act: 

(a) That 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; 

(b) That no employee and no one seeking employment shall be 

required as a condition of employment to j01n any company union 

or to refrain £rom joining, organizing, or assisting a labor organization of his own choosing; and 

(c) That employers shall comply with the maximum hours of 

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

approved or prescribed by the President. 

8668--33 (1) 
2 

Rule A-4-Employment reports.-Each employer in this industry 

shall :furnish monthly to the secreta.ry o:f the association on :forms to 

be :furnished by the association, a sworn report o:f the number o:f persons employed, wage rates in effect, and hours worked during the 

preceding month in his plant or plants, classified by occupations, 

together with such other sworn production or employment reports as. 

the association may require :from time to time, and an affidavit that 

the company has complied with all the provisions o:f this code. 

Such reports shall not be available to anyone except the N.R.A .. 

and the secretary and/ or statistician o:f the association; provided,. 

however, that in the event o:f a complaint, the Fair Competition Committee, the association, and the Joint Coordinating Committee shall 

have access to all pertinent information. 

Total figures compiled :from such reports shall be available to the· 

members o:f the association. 

GROUP B-U NETHIC.AL TRADE PRACTICES 

Rule B-1.-The Executive Committee shall establish rules o:f FairTrade Practice :for the entire Industry to coVler the :following 

subjects: 

(a) Price Discrimination. 

(b) Commercial Bribery. 

(c) Misrepresentation. 

(d) Rebates. 

(e) Special Term o:f Sales. 

(:f) False Invoicing. 

(g) Freight Absorption. 

(h) Dumping. 

( i) Free Goods. 

(j) Interference with Contracts. 

(k) Allowance on Defective Products. 

(l) Consigned Stocks. 

GROUP C-M.ARKETING POLICIES 

Rule 0-1-0rders.-All orders shall be signed and cover specified 

articles to be delivered on or before a definite date. They shall be 

either accepted or rejected by the manufacturer when received. Only 

orders :for stock :for shipment within thirty days o:f date o:f receipt o:f 

order and orders :for specific jobs will be accepted at the prices in 

effect at the date o:f receipt o:f order. All other orders shall be subject 

to the prices in effect at date o:f shipment. Deviation :from this rule 

shall constitute un:fair competition. 

Rule 0-!B-Invoices.-All sales shall be invoiced at the time o:f shipment; and such invoices, together with credit memoranda and all 

other documents relating to the sale, shall clearly and accurately state 

all o:f the essential elements o:f the sale, including types an l sizes o:f 

products, quantities, prices, credit terms, discounts, allo"anc , date 

o:f order, late o:f acceptance, date o:f shipment an l other pertinent 

information. Copies o:f invoices, together with credit memoranda 

and all other sales documents, hall be filed with the Secretar3 as and 

when directed by the Association· and, in the event o:f a complaint, 
3 

:sworn copies of invoices, credit memoranda, and all other sales documents shall be sent immediately to the secretary upon his request. 

Failure to comply with any of the provisions of this rule shall 

·constitute unfair competition. 

Rule 0 -3- Standardization of Products.-After uniform sizes, 

drilling, grading rules, and minimum pecifications shall have been 

·established by the industry, it shall constitute unfair competition to 

deviate therefrom, without making a proper charge therefor. 

Rule 0-4-G?·ading.-lt shall constitute unfair competition for a 

manufacturere to sell in this country other than first-grade material 

.guaranteed against manufacturing defects. Such guarantee shall 

be uniform among all manufacturers and shall provide for furnishing new material of the same type and size to replace that which 

.has proved defective on the same basis as the original purchase; but 

it shall not cover charges for labor or consequential damages, nor 

shall it specify any guarantee period, except double extra heavy 

boilers which are guaranteed for six years on the basis of service 

rendered and five- and seven-year boilers sold in the Philadelphia 

.area. 

Rule 0-5-Inspection.-lt shall constitute unfair competition for 

.a manufacturer to allow credit for a defective article until the fact 

of such defect shall have been established by an authorized repre- .sentative of the manufacturers and the article shall have been der:;troyed or returned to the manufacturer. 

Rwle 0-6-0lassification of customers.-Customers shall be classi-

·fied. as wholesalers, contractors, mail-order houses and direct-to-you 

houses, retailers, or consumers, according to the positions in the distributive process which they occupy, respectively, and deviations 

from such classification in the establishment or quotations of prices, 

discounts, credit terms, allowances, or other conditions of sale, shall 

constitute unfair competition. 

For the purposes of this Code a " Wholesaler of Plumbing Supplies" is defined as an individual, partnership, or corporation who 

has a substantial and proper investment in his business, who buys 

in bulk quantities, who maintains a warehouse and a sufficiently complete stock of plumbing supplies to meet all normal requirements, 

whose major business is selling to contractors, retailers or others who 

purchase for resale, who maintains complete office, sales and delivery ·service, and who does not perform, directly or indirectly, the functions of a plumbing contractor. 

A" Plumbing Contractor" is defined as one who is licensed, where 

required, by State or local governments, and who installs plumbing 

supplies which he sells to the consumer. Federal, State and local .governments shall be classified as contractors for the purposes of 

this Code. 

A "Mail-Order House" is defined as an individual, partnership, ·or corporation who has a substantial and proper investment in his 

:business, who buys in bulk quantities, who maintains a warehouse 

and a sufficiently complete stock of plumbing fixtures to meet all 

normal requirements, whose major business is selling to the consume~ by mail, and :vho does not perform, direct or indirectly, the 

:functiOns of a plumbing contractor. 
4 

A "Direct-to-you" is defined as an individual, partnership, or 

corporation who has a substantial and proper investment in his 

business, who buys in bulk quantities, who maintains a warehouse 

and a sufficiently complete stock of plumbing fixtures to meet all 

normal requirements, who maintains adequate showrooms, whose 

major business is selling to the consumer from stores and who does 

not perform, directly or indirectly, the functions of a plumbing 

contractor. 

A "Retailer" is defined as anyone, other than the above, who 

purchases plumbing supplies for resale as personal property. 

All other purchasers of plumbing supplies are defined as "consumers." 

Any of the above classes .may be further subdivided by the association on the basis of volume of purchases or any other valid distinction. 

GRoUP D-CosTs AND PRICES 

Rule D-1-Selling B elow 0 ost.-It shall constitute unfair competition for any manufacturer to sell any of his products in this country 

(except on close-outs) below a reasonable standard cost of producing 

and marketing the same in the TJnited States. Where a manufac-· 

turer is engaged in n1ore than one line of business, each business shaH 

be considered a separate unit for purposes of ascertaining costs, and 

general expenses of all kinds shall be properly and fairly allocated 

to the several business units. Reasonable standard cost as u eel herein 

is defined to include the current market cost of raw materials and 

supplies, fair wages for employees, and a fair allowance for overhead expense to include power, light, heat, water, and other miscellaneous operating expenses; repairs and maintenance of buildings· 

and equipment; executive, supervisory, sales, and office salaries and 

expenses; advertising and promotional expense; distribution and 

delivery expense; rent; legal and collection expenses; bad-debt losses; 

adequate depreciation and obsolescence of all buildings and equipment at rates agreed upon and approved by the President; insurance; 

all taxes; and other expenses necessary and incidental to the manufacture and sale of the products of this industry. Initial standard 

allowances for overhead expenses shall be established by the Association's Executive Committee and shall become effective after approval by the President when so established and published. The 

Executive Committee shall have the power to revise such standards 

from time to time subject to approval by the President and may 

require from the members of the industry whatever information may 

be needed for this purpose. 

A uniform cost-accounting system shall be adopted for the industry 

as soon as practicable, becoming effective upon adoption by the Executive Committee subject to the approval of the President, and 

such system shall be used by all manufacturers who are members 

of the industry in allocating the above items of cost to specific 

products. 

The Executive Committee shall, for the purpo es of this rule, 

include the President's appointees on the Joint Coordinating Committee. 
5 

Rule D-~-Minimum/ Prices.-It shall constitute unfair compe.tition for any manufacturer to sell his products (except on close-outs) 

below the prices established from time to time for different classes 

of customers and manufacturers and approved by the President 

under the National Industrial Recovery Act as the minimum below 

which it is impossible for a competent and efficient manufacturer to 

earn a fair profit, considering the investment, skill, and risk involved 

in the enterprise. 

The approved "Minimum Prices" currently in effect hereunder 

from time to time shall be the list prices attached hereto as" Schedule 

V" subject to the trade discounts attached hereto as "Schedule W." 

This rule shall be construed in the light of and be subject to Rule 

D-1. 

Rwle D-3-Ter17~8 of Sale.-It shall constitute unfair competition 

for any manufacturer to sell his products on any basis more favorable to the purchaser than the terms, discounts (including trade discounts), allowances, and conditions established from time to time 

pursuant to the National Industrial Recovery Act. The approved 

terms, discounts, allowances, and conditions currently in effect hereunder from time to time shall be attached hereto as "Schedule W." 

Rule D-4-0lose-o,u.ts.-A manufacturer may sell, at less than his 

published prices, products acknowledged by the Association, or by its 

Executive Committee, if such committee be so empowered by the 

Association, to be obsolete. 

Invoices for such sales shall be clearly marked "Special Prices on 

Account of Close-out." Failure to observe this rule shall constitute 

unfair competition. 

Rule D-5-Resale Prices.-It shall constitute unfair competition 

for any manufacturer to permit, where it is within his power to 

prevent it, the resale of his products to consumers at prices less 

than his established resale prices or less than those established from 

time to time pursuant to the National Industrial Recovery Act as 

the minimum below which it is impossible to provide a reasonable 

margin to cover adequate and continuous distribution of the products 

of the industry. In no event shall the resale price be less than the 

minimum prices shown or to be shown in Schedule V of Rule D-2. 

The approved minimum resale prices currently in effect hereunder 

from time to time shall be attached hereto as "Schedule X." 

This rule shall be construed in the light of and be subject to 

Rule D-1. 

GROUP E-CONCLUSION 

Rule E-1- General Definitions.-Except where the context clearly 

indicates a contrary intent, the terms hereinafter defined shall, 

wherever used in this Code, have the respective meanings set forth 

in this rule. 

1. The terms "United States" or "this country " mean and include all the territory of the United States of America including 

its insular and maritime possessions. 

2. The term "President" means the President of the United 

States of America, and includes also any officers, agent, or employee 

of the United States to the extent that the President may have delegated his functions or powers or any portion thereof to said officer, 

agent, or employee pursuant to the Act. 
6 

3. The term "Industry" means the business of making, manufacturing, producing, or processing in the United States of America, 

range boilers and the following Incidental lines: 

a. Expansion Tanks; 

b. Hot Water Storage Tanks; 

c. Pressure Tanks for Air, Water, Gases, and other fluids. 

(All of the above fabricated by the all-welded, riveted and welded, 

or brazing processes.) 

and selling the same in domestic commerce. 

4. The terms " Manufacturer", "Employer" or "Member of the 

Industry" mean and include any individual, partnership, or corporation operating a plant or plants in the United States for making, manufacturing, producing, or processing the products of this 

industry as defined in "Definition 3 " thereof and selling said products in domestic commerce within the United States. 

5. The term "Association" means Range Boiler Manufacturers' 

Association, a voluntary association. 

6. The term "Secretary" means the secretary of the Association in office at any time .. 

7. The terms "Act " or " National Industrial Recovery Act" or 

'' N.I.R.A." mean the National Industrial Recovery Act as approved 

by the President June 16, 1933. 

8. The term "National Recovery Administration" or "N.R.A." 

means and includes such administrative agency or agencies as the 

President may establish or appoint pursuant to the "N.I.R.A." to 

effectuate the purpose of said Act. 

9. The term " Code" means this code and all schedules annexed 

hereto as originally approved by the President and all amendments 

and revisions thereof made as in said Code provided. 

10. The term "Joint Co-Ordinating Committee" means a committee provided for by the Con titution of each of these Associations. After this Code becomes effective such committee shall have 

associated with it three persons appointed by the President, one to 

represent con mners, one to represent labor, and one to represent 

industry. 

11. The term " Fair Competition Committee" means a committee 

provided for by the respective Constitutions of each of these Associations, whose duties consist of investigating charges of unfair competition and making recommendations to their respective Associations with respect thereto. 

Ru7e D-2-Enforce?nent.-The Fair Competition Committee of 

each Association shall be charged with the enforcement of these rules. 

Complaints of unfair competition shall be filed with the Secretary 

of the Association in writing and such complaints shall be referred 

imme liately to the Fair Competition Committee for investigation. 

Said Committee shall be given full acce ·s to all pertinent records of 

the manufacturer complained of. 

After a full investigation the Committee shall present a written 

report, which shall include its findings of fact and its recommendations, to the next meeting of the Association. 

The As ociation, after granting the complained of manufacturer 

a full hearing, may, by a majority vote of those present, dismiss the 

charges or, refer the case to the Joint Coordinating Committe~, 
7 

including the President's three appointees, for review. If the decision of the association is sustained by the Joint Coordinating Committee the case will then be given to the United States District 

Attorney for the Federal District having proper jurisdiction. Nothing herein s_hall be construed in such a way as to deprive anyone 

of his constitutional right to trial by jury or to affect in any manner 

the penal or enforcement provisions of the National Industrial Recovery Act. 

Rule D-3-M onopolies.-N o provision of this Code shall be interpeted or applied in such a manner as toa. Promote monopolies. 

b. Permit or encourage unfair competition. 

c. Eliminate or oppress small enterprises, or 

d. Discriminate against small enterprises. 

Rule D-4-Amendment and Termination.-Such of the provisions 

of this code as are not required to be included therein by the Act 

may, with the approval of the President, be modified or eliminated 

at any time in the manner hereinafter provided. 

Additions to or substitutes for this code may, with the approval 

of the President, be adopted at any time in the manner hereinafter 

provided. 

This Code in its entirety may be terminated at any time in the 

manner hereinafter provided. 

Proposals for modifying or eliminating provisions o£ the Code, 

or £or adopting additions to or substitutes £or the Code, or £or terminating the Code in its entirety may be 1nade by any member 

o:f the industry who shall present his proposal in writing to the 

secretary. The Secretary shall include such proposal in full in the 

written notice o£ the next meeting o£ the association. The question o£ the adoption o£ such proposal shall be voted upon at said 

meeting and if a majority in capacity and number o£ the members 

o£ the industry present vote in favor o£ such proposal, it shall be 

the duty of the association's representative on the Joint Coordinating 

Committee to have such proposal presented to the President £or approval, when such approval is required by the N.I.R.A. 

Such proposal shall take effect ten ( 10) days after its adoption, 

unless the motion by which it is adopted specifically provides that 

it shall take effect at some other time, or, in the event that such 

approval is required by the N.I.R.A., ten (10) days after its approval by the President. 

Rule E -5-Presidential 0 ontrol.-This Code and all the provisions 

thereof are expressly made subject to the right o£ the President, in 

accordance with the provision o£ Clause 10 (b) o£ the National 

Industrial Recovery Act, £rom 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. 

Rule E-6-Etfective Date.-This code shall be in effect as to all the 

members o£ the Industry within fifteen days after its approval by 

the President and commencing on the first or fifteenth clays of the 

month following such approval. 

In witness of our approval o£ the foregoing code, we hereunder 

set our hands and seals as of this 25th day of July, A.D. 1933. 
SCHEDULE U 

MAXIMUM HOURS 

No employer shall employ any person for more than the following maximum 

number of hours per week: 

40 hours per week. 

The following employees are excepted from the foregoing: 

1. Professional persons, including engineers, watchmen, and specially trained 

technical men and research men employed in their professions. 

2. Salesmen in the field. 3. Persons in a managerial, executive, or supervisory capacity in office or 

factory, who receive compensation amounting to more than $35.00 per week. 

All such persons to be listed with their Association. 

4. Employees on emergency maintenance and repair work; highly skilled 

workers, restriction of whose hours would unavoidably reduce production; 

but such workers shall be paid at least time and one third for hours worked 

in excess of the maximum. 

MINIMUM W A.GIDS 

No employer shall pay any worker less than the following rates of compensation: 

Factory or Mechanical Workers or Artisans (minimum per hour) : 

Males over 21 years of age : 

Plants located in the North and on Pacific Coast, 40¢ per hour 

Plants located in the South, 30¢ per hour 

Males under 21 years of age : 

Plants located in the North and on the Pacific Coast, 30¢ per hour 

Plants located in the South, 221j2 ¢ per hour 

Where men and women are engaged in the same work under like conditions, 

the minimum wage provided for male workers shall apply to both. 

Office and other Employees (Per Week) : 

Cities of over 500,000 population (19>30 Census), $15.00. 

Cities between 250,000 and 500,000 population, $14.50. 

Cities under 25,000 population, $14.00. 

(8) 
SCHEDULE v 

List Prioes.-Determination deferred for present. 

SCHEDULE W 

Trade Disoounts.-Determination deferred for present. 

Cash Discount.-Two percent. 

CREDIT TERMS 

Invoices dated the 1st to the 15th of the month, inclusive, to be discounted 

on or before the 25th of the same month; invoices dated the 16th to the 31st of 

the month, inclusive, are to be di counted on or before the 10th of the following 

month; 

All in,oices to be due net not more than 60 days from date of invoice. 

FREIGHT ALLOWANCES 

(See printed sheets of manufacturers.) 

SCHEDULE X 

Resale Prices.-Determination deferred for present. 

(9) 

0 




UNIVER SITY OF FLOR IDA 

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08855 7680