Approved Code No. 376 Registry No. 1335-06 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

AIR VALVE INDUSTRY 

AS APPROVED ON MARCH 31, 1934 

WE DO OUR PART 

• A •• o=• ··- ........ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I ( 

For sale by the Superintendent of Documents, Washin2ton, D.C. - - - - - - - - Price 5 cents 
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Approved Code No. 376 

CODE OF FAIR COMPETITION 

FOR THE 

AIR VALVE INDUSTRY 

As Approved on March 31, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE Am VALVE INDUSTRY 

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 J nne 16, 1933, for approval of a Code of 

Fair Competition for the Air Valve Industry, and hearings having 

been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed 

to the President: 

NOVV, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HuGH S. JoHNSoN, 

Administrator for Industrial R ecovery. 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

WASHINGTON, D.C., 

March 31, 1934. 

60362°----482-4----34 (25) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

Air Valve Industry as revised after a public hearing conducted in 

vVashington, D.C. on March 12, 1934, in accordance with the provisions of the National Industrial Recovery Act. 

PROVISIONS AS TO WAGES AND HOURS 

Except for accounting, clerical and office employees, office boys 

and office girls, apprentices and handicapped persons, all male em.-

ployees shall be paid not less than forty cents per hour; all female 

employees shall be paid not less than thirty-five cents per hour, 

except, when female employees perform substantially the same work 

as male employees then they shall receive the same rate of pay as 

male employees; and where they displace men, they shall receive the 

same rate of earnings as the men they displace. Accounting, clerical 

and office employees shall be paid at the rate of not less than fifteen 

dollars per week. Office boys and office girls shall be paid not less 

than eighty percent of the above provided minimum wage for accounting, clerical and office employees, and the total number of such 

office boys and office girls shall not exceed more than five percent of 

the total office employees of an employer, except that any employer 

may employ at least two such persons. The number of apprentices 

employed by any employer shall not exceed more than five percent 

of the total number of factory employees of such employer. Persons 

\\hose earning capacity is limited because of age, physical or mental 

handicap may be employed on light work at a wage below the mini- mum established by this Code. Equitable adjustment of compensation of employees receiving more than the minimum rates of pay 

shall be made by all employers who have not heretofore made such 

adjustments, within thirty days after approval of this Code. 

Forty hours shall be the maximum number of working hours for 

any one week or eight hours for any one day except that during any 

six weeks in any six months' period, forty-eight hours per week is 

permi sible. The foregoing limitations shall not apply to the following: those engaged in executive, managerial and supervisory 

capacities who regularly receive thirty-five dollars or more per week, 

outside salesmen; employees engaged solely in maintenance repair 

work, truckmen, firemen and engineers who shall be permitted to 

work not more than nine hours in any one day or forty-four hours 

in any one week, except that during any six weeks in any six months' 

period forty-eight hours per week is permissible; watchmen, who 

may be employed not more than fifty-six hours in any one week; 

(26) 
27 

accounting, clerical or office employees who may be employed nine 

hours per day but not more than forty hours per week. All employee , except accounting clerical or office employees, those engaged 

in executive managerial or upervi ory capacitie out ide salesmen 

and watchmen, hall be pail one and one-half time the normal rate 

of pay for hour worked in ex e. of eight hour per day or forty 

hours per week. 

ECOK0l\1IC EFFECT OF THE CODE 

Annual ale of the Indu try decrea eel fifty-eight percent from 

1929 to 1933. The products of the Industry are used principally in 

new building operation . The Research and Planning Division's 

r eport state that· the Industry emrloyed four hundred and forty 

nine wage earn r in 192 and only two hundred and ixty two in 

1933, employment decrea ing forty-two percent during that period. 

The President's Reemployment Agreement effected a ·light increa e 

in employment. 

Additional workers will be ab orbed as new construction and replacement continue. The minimum wage rate establi heel by this 

Code and the provision for an equitable adjustment of wage~ aboYe 

the minimum will materiall; increa e the purcha ing power of the 

employees in this Industry and the trade practice provi ion of this 

Code are expected to remedy the unfair trade practices that have 

existed in the past in thi Industry. 

FIXDIKGS 

The Assistant Deputy Administrator in his final report to me on 

said Code having found a herein set forth and on the basis of all 

the proceedings in this matter; 

I find that: 

(a) Said Code is well de igned to promote the policies and purposes of Title I of the National Indu trial Recovery Act, including 

removal of obstructions to the free flow of inter tate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of indu -

try for the purpo e of cooperatiYe action among the trade groups, 

by inducing and maintaining united action of labor and management under adequate goYernmental sanctions and supervision, by 

eliminating unfair competitive practice , by promoting the fulle t 

pos ible utilizabon of the pre ent productive capacity of industrie , 

by avoiding undue restriction of production (except as n1ay be 

temporarily required) h1 increasing the consumption of indu trial 

and agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving standard of 

labor, and by otherwise rehabilitating indu try. 

(b) Said Industry normally employ not more than 50,000 employee ; and is not classified by me a a major indu try. 

(c) The Code as approYed complie in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant as-
28 

sociation is an industrial association truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against 

then1. 

(f) Those eno-aged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

WASIDNGTON, D.C., 

March 31, 1934. 

HuGH S. JoHNSoN, 

Ad1ninistrator. 
CODE OF FAIR CO:MPETITION FOR THE AIR VALVE 

INDUSTRY 

Ar.TICLE I-PURPO ES 

1. To effectuate the policies of Title I of the National Industrial 

Reco.very Act, the following provisions are establi heel as a Code 

of Fair Competition for the Air Valve Indu try and shall be the 

standard of fair competition for such Industry, and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIO:NS 

1. The term "Air Valve Industry" as u eel herein means and includes the manufacturing and distributing by manufacturers under 

their own trade names of air and vacuum valves for Yenting stea1n 

radiators and pipe lines and auxiliary equipment. 

2. "President" means the President of the United State of 

America. 

3. "Association" means the Air Valve A sociation, a trade a ociation. 

4. The terms "Act", and "Administrator" as u eel herein shall 

mean respectively Title I of the National Indu trial Recovery Act, 

and the Administrator for Indu trial Recovery. 

5. The term "Employee" as used herein includes anyone engaged in the Industry in any capacity receiving compensation for 

hi ervices, irrespective of the nature or method of payment of such 

compen ation. 

6. The term "Employer" as used herein includes anyone by whom 

any such employee is compensated or employed. 

7. "Effective Date" means the second Monday after this Code is 

approved by the President. 

8. "Member of the Industry" or "Member" means any individual, 

partnership, association, corporation or other form of enterprise 

engaged in the Industry as above defined, either as an employer 

or on hi or its own behalf. 

ARTICLE III-HouRs 

SECTION 1. No employee, excluding accounting, clerical and office 

employee , shall be employed in excess of forty ( 40) hours in one 

week, or eight (8) hours in any twenty-four (24) hour period, 

except that during any six (6) weeks in any six (6) months period 

employees may be employed not more than forty-eight ( 48) hours 

per week, providing one and one-half times the normal rate o:f 

pay shall be paid for hours worked in excess of eight (8) hours 

per day and forty ( 40) hours per week. The foregoing limitations 

shall not apply to: 

(29) 
30 

(a) Those engaged in executive, managerial and supervisory 

capacities (except foremen) who regularly receive thirty-five (35} 

dollars or more per week. 

(b) Outside salesmen. 

(c) Employees engaged solely at maintenance and repair work, 

truckmen and engineers, who may be permitted to work not more 

than nine (9) hours in any one day, or forty-four (44) hours in any 

one week. These employees may also be permitted to work fortyeight ( 48) hours per week during any six ( 6) weeks in any six ( 6) 

months period. One and one-half times the normal rate of pay shall 

be paid persons embraced in this subsection (c) for hours worked 

in excess of eight ( 8) hours per day and forty ( 40) hours per week. 

(d) Watchmen, who may be employed not more than fifty-six 

(56) hours in any one ( 1) week, except watchmen in closed plants 

to whom this limitation shall not apply. 

(e) Cases of emergency such as the production of equipment or 

repairs for breakdown service, or when additional skilled employees 

are not available and the restriction of hours of skilled workers 

would tmavoidably reduce production or limit the work available to 

other workers. One and one-half times the normal rate of pay shall 

be paid for hours worked in excess of eight (8) hours per day and 

forty ( 40) hours per week. 

SECTION 2. No accounting, clerical or office employee shall be employed in excess of forty ( 40) hours a week or nine ( 9) hours per 

day. Eight (8) hours shall constitute a normal working day. 

SEarioN. 3. No employer shall knowingly permit any employee to 

work for any time which, when totaled with that already performed 

with another employer or employers exceeds the maximum permitted 

herein. 

ARTICLE IV-WAGES 

SECTION 1. No male employee shall be paid at less than the rate 

of forty ( 40) cents per hour and no female employee shall be paid at 

less than the rate of thirty-five (35) cents per hour, except that: 

(a) Accounting, clerical and office employees shall be paid at not 

less than $15.00 per week. 

(b) Office boys and office. girls shall be paid at not less than eighty 

(80) per cent of the above provided minimum wage for accounting, 

clerical and office employees, provided that the total number of such 

office boys and girls receivi~g less than such minimum wage shall 

not exceed, in any calendar month more than five ( 5) per cent of the 

total office employees of the employer, except that any employer may 

employ at least two (2) such persons as above provided. 

(c) Nothing in this Article IV shall apply to or affect a bona fide 

apprentice employed under a system or course of training which, 

when completed, will make the apprentice a skilled mechanic. At no 

time shall new apprentices be admitted to apprenticeship by any 

employer when such action will bring their total number to more 

than five (5) per cent of the total number of factory employees of 

such employer. 

SEcTioN 2. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time rate, piece-work, or other basis. 
31 

SECTION 3. The Code Authority may present for approval of the 

Administrator, after notice and hearing, recommendations as to 

upward a 1justments in minimum wage for specific localities. 

SECTION 4. Equitable adju tment of compen ation of employees 

receiving more than the minimum rates of pa. hall be made by all 

employers who have not heretofore made uch adju tments, and all 

employers shall within thirty (30) days after ar proval of this Code, 

report in full to the Code Authority concerning uch adjustments 

whether made prior to or sub equent to such approval; provided, 

however, that in no event shall hourly rates of pay be reduced. 

SECTION 5. Female employees performing sub. tantially the same 

work as male employees shall receive the same rate of pay as male 

employees, and where they di place men, they hall receive the same 

rate of earning as the men they displace. The Code Authority shall 

within ninety (90) days after the ffective elate of this Code file 

with the Administrator a de cription of all occupations in the Industry in which both men and women are employed. 

SECTION 6. A person whose earning capacity is limited because o£ 

age, physical or mental handicap, or other infirmity may be employed on light work at a wage below the minimum established by 

this Code, if the employer obtains from the State Authority, designated by the United States Department of Labor a certificate authorizing such person's employment at such wages and for such hours 

as shall be stated in the certificate. Such authority shall be guide l 

by the instructions of the United States Department o£ Labor in 

issuing certificates to such persons. Each employer shall file monthly 

with the Code Authority a list of all such persons employed by him, 

showing the wages paid to, and the maximum hours of work for 

such employees. 

SECTION 7. Wages shall be exempt from any payments for pensions, insurance, or sick benefits other than tho e voluntarily paid 

by wage earners, or required by State laws. Employers agree that 

wages shall be paid at least at the end of every two-week period, 

and salaries at least at the end of every month and that no employer 

shall withhold wages. 

SECTION 8. The employer or his agent shall accept no rebates directly or indirectly on such wages nor give anything of value or 

extend favors to any person for the purpose of influencing rates of 

wages or the working conditions of his employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be 

employed in the Industry. No person under eighteen (18) years of 

age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Admini trator within ninety (90) days after the 

effective date of this Code a list of such operations or occupations. 

In any State an employer shall be deemed to have complied with this 

provision as to age if he shall have on file a certificate or permit duly 

signed by the authority in any State empowered to issue employment 

50362°-482-----:4l--34--2 
32 

or age certificate or permits showing that the employee is of the 

required age. 

SEcTION 2. In compliance with Section 7 (a) of the Act it is provided that: 

(a) Employee · shall haYe the right to organize and bargain collectively through representatives of their own choo ing and hall 

be free from the intcrferen e, restraint or coercion of employers of 

labor, or their agenL, in the de ·ignation of uch representatives or in 

f:elf-organiza tion or in other concerted activitie for the purpose of 

coll ctiv bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment hall be required 

as a condition of employment to join any company union or to 

refrain from joining, organizing. or as~ istinO' a labor organization 

of h1 s own choosing. 

(c) Employers shall comply with the maximum hours of labor./ 

minimum rat . of pay, ancl other ondition. of employment approvecl 

or prescribed by the Pre. ident. 

RECTION 3. No employer ·hall reclns ify employees or duties of 

occupation performed or f'ngage in any other subterfuge for the 

purpo e of defeating the purpo. es or provision of the Act or of 

this Code. 

SECTION ±. EYery employer shall provide for the afety and health 

of employees during the hour~ and at the places of their employment. 

Standards for afety and health shall be submitted by the Code 

Authority to the Administrator "ithin ix months after the effective 

date of the Code. 

SECTION 5. No provision in this Code shall . ·upersede any State 

or Federal La-v' which imposes more stringent requirements on employers as to age of employees, wages, hour of work, or as to 

safety, sanitary or general working conditions, or insurance, or fire 

protection, than are imposed by this Code. 

SECTION 6. Official copie. of labor provisions of this Code hall 

be kept conspicuously po -ted at all times in each shop, establi hment, 

or separate unit, where easily acces ible to all employees. 

SECTION 7. No employee shall be permitted to work more than 

SIX (6) days in any seven (7) day period. 

ARTICU~ VI-ORGANIZATION 

SECTION 1. To further effectuate the policies of the Act, a Code 

Authority is hereby constituted to cooperate with the Administrator 

in the administration of this Code. 

SECTION 2. The Code Authority shall consist of the n1embers of 

the Board of Directors of the Association, provided for in the by-laws 

of the Association, together with a member selected from the Industry 

at large. In addition to member hip .as above provided, there may 

be not more than three (3) members, without vote and without 

expense to the Industry, to be appointed by the Administrator, to 

serve for such term or terms as he may specify. No two members 

of the Code Authority shall be affiliated with any single member 

o:f the Industry. · 

SECTION 3. The Association is hereby de ignated as the agency to 

conduct the election of the :Member at large of the Code Authority 
33 

by members of the Indu ... try ·who are not m mber of the A so iation, 

within thirty (30) day after the effe ·tiv lat of this Code, and 

any sub ·equent election for the ncce ·or of ·uch :Member at large. 

Such member hall be elected to ~erYe for a t.erm of one (1) year, 

or until hi · sncce ·.or i elected. In the e' nt that the po ition of 

Member at large on the Cod Authority become va ·ant, a ·pecial 

meeting hall be called by the ode Authority within thirt · (30) 

day for an election to fill the vacanc T. ~ otice of the tim and place 

of all election hall be sent by registered mail, at least ten (10) 

day in advance of any election to all member · of the Inclu try who 

are non-member of the As ociation and who are regi tered with the 

ecretary of the A sociation or who ·e name and addre. e · can be 

a certaine l by diligent inquiry. and Yotina at such election may be 

by per ·on, by proxy or by letter ballot. Each member of the Industry who i not a member of the \.. iation hall have one 'ote. 

A plurality of the number of Yotes ca t hall be ne sary for 

election. 

SECTION 4. In the eYent that all member of the Indu try hereafter 

join the A, sociation no further election of the :Member at large for 

non-member hall be held until uch time a member of the Indu try 

who are not members of the As ociation exi t. 

SECTION 5. The Code Authority hall have the following further 

power and duties to the extent permitted by the Act the exercise 

of which shall be reported to the Admini, trator: 

(a) To in ure the execution of the pro vi ion of this Code and 

provide for the compliance of the Industry with the provisions of 

the Act under such rule and regulation a may be pre cribed by 

the Admini trator. 

(b) To adopt by-laws and rule and regulation for its procedure 

and for the administration and for facilitating the enforcement of 

the Code. 

(c) To appoint committee · to carry out its dutie ·uch a the following: Admini tration Compliance, Finance, Indu trial Relations, 

Trade Relation . . Subcli\i ional. and uch other committees a may 

be required. 

(d) To obtain from member-· of the Industr. r nch information 

and report, (sworn or un worn a the Code Authority may · pecify) 

a are required for the administration of the Code. No indiYidual information, statistic or report shall be disclo ed to any other member of the IndlL try or any other party except to nch go\ernmental 

agencies a may be directed by the Administrator. 

(e) To establi h if found de irable, ubject to the a pproYal of 

the Administrator. cia ifications, dimensional tandards, and quality and/ or performance 1:.-ecification for products of the Industry. 

(f) To u~e nch trade as ociation. and other agencie a it deems 

proper for the carrying out of any of it activitie provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of it dutie or responsibilitie under this Code and that uch trade 

association and agencies hall at all times bB subject to and comply 

with the pro\i ·ions hereof. 

(g) To make recommendation to the Administrator for the coordination of the administration of thi Code with uch other coles, if 

any, a · may be related to the Indu try. 
34 

(h) To secure from members of the Industry assenting to the Code 

an equitable and proportionate payment of the reasonable expenses 

of maintaining the Code Authority and its activities. 

(i) To cooperate with the Administrator in regulating the use of 

any National Recovery Administration insignia solely by those members of the I ndustry who have assented to, and are complying with, 

this Code. (j) To r ecommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including Stabilization of Employment, Uniform Cost Accounting, Industry Th1erchandising Plans, System of Exchange of Credit Information, Inequalities Affecting the Stability of the Industry, which recommendations 

after such notice and hearing as the Administrator may specify shall 

become effective upon approval by the Administrator or the President with the same force and effect as if originally made a part 

hereof. 

(k) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the Industry for the purpose of formulating fair 

trade practices to govern the relationships between production and 

distribution employers under this code and under such others to the 

end that such fair trade practices may be proposed to the Administrator as amendments to this code and such other codes. 

SECTION 6. In order that the Code Authority shall at all times 

be truly representative of the Industry and in other respects comply with the provisions of the Act, the Administrator may provide 

such hearings as he may deem proper; and thereafter if he shall 

find the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, m'ay require 

an appropriate modification in the method of selection of the Code 

Authority, or any sub-Code Authority. 

SECTION 7. The Association, or any other trade association, directly or indirectly participating in the selection or activities of the 

Code Authority, shall (1) impose no inequitable restrictions on 

membership, and (2) submit to the Administrator true copies of its 

articles of association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem 

necessary to effectuate the purposes of the Act. 

SECTION 8. In addition to the information required to be submitted to the Code Authority, all or any of the persons subject to 

such code, shall furnish such statistical information as the Administrator may deem necessary for the purposes recited in Section 

3 (a) of said Act to such Federal and State agencies as the Administrator may designate; nor shall anything in this code relieve any 

perso.r; of any existing obligation to furnish reports to Government 

agencies. 

SECTION 9. Members of the Industry shall be entitled ~o participate in and share the benefits of the activities of the Code Authority 

and to participate in the selection of the members thereof, by assenting to and complying with the requirements of this Code and sus-
35 

taining their reasonable share of the expenses of its administration. 

The reasonable share of the expenses of administration shall be 

determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business, and/or such other factors 

as may be deemed equitable to be taken into consideration. 

SECTION 10. The Code Authority shall cause to be formulated an 

accounting system and methods of cost finding and/ or estimating 

capable of use by all members of the Industry. After such system 

and methods have been formulated, and approved by the Administrator, full details concerning them shall be made available to all 

members. Thereafter all members shall determine and/ or estimate 

costs in accordance with the principles of such methods. 

SECTION 11. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall this Code be construed to render any member o:f the Code 

Authority liable in any manner to anyone for any act of any other 

member, officer, agent or employee of the Code Authority. Nor 

shall this Code be construed to render any member of the Code 

Authority, exercising reasonable diligence in the conduct of his 

duties hereunder liable to anyone for any action or om1sswn to 

act under this Code, except for his own wilful misfeasance or 

nonfeasance. 

ARTICLE VII-PUBLICITY oF PRICEs, TERMs AND CoNDITIONs OF SALE 

SECTION 1. vVithin thirty (30) days after the effective date of this 

Code each member of the Industry shall publish his prices, terms and 

conditions of sale on all products, with the prices, terms and conditions of sale affecting each class of customer in the territory to which 

such prices, terms and conditions of sale apply. Coincident with such 

publication, each member of the Industry shall file with the Code 

Authority and the Code Authority shall immediately distribute to 

all members of the Industry a complete schedule of such prices, 

terms and conditions of sale. 

SEcTION 2. In the event of any change by any member of the Industry in any price, terms or condition of sale, he shall file full and 

complete copies of every change with the Code Authority; all such 

changes shall become effective immediately upon such filing unless 

and until the Code Authority shall designate periods within which 

any such changes shall become effective, subject to the approval of 

the Administrator, but in no case shall any such period exceed seven 

(7) days after the date of the filing of the change. Copies of all 

changes filed shall be immediately distributed by the Code Authority 

to the members of the Industry. Information on such price changes 

shall be available to the trade to which it is applicable, on the effective date of such change, and each such member shall coincidentally 

file such information in the office designated by the Code Authority 

for immediate distribution by the Code Authority to the members of 

the Industry. 

SEcTION 3. In the event that any member of the Industry shall 

not receive sufficient notice of the filing by any other member of any 

change in prices or terms and conditions of sale as will enable the 
36 

member first m ntionecl to meet the said change on the effective date 

thereof, such member may file with the Code Authority such changes 

in his prices, terms and conditions of sale as may be required to meet 

the change filed by the other member. Changes so filed shall become 

effective on the same date as the effective date of the change of the 

member fir t filing as aforesaid, or if such change has already become 

effective, then the changes subsequently filed shall become effective 

immediately. 

SECTION 4. No member of the Industry shall sell, pay a rebate, or 

allow a deduction at any time to any person except in accordance 

with his prices, terms and conditions of sale then in effect and published in the manner described herein. Each member of the Industry shall have the right, individually, to publish new prices, terms 

and conditions of sale, frmn time to time, as herein provided. 

ARTICLE VIII-PuBLICITY OF TRADE QuALIFICATIONs 

SECTION 1. "\Vithin thirty (30) days after the effective date of 

this Code,, and until a merchandising plan shall be approved for the 

Industry, each member of the Industry shall publish and file with 

the Code Authority all qualifications which have been established by 

him to determine the prices, terms or conditions of sale made applicable by him to the different classes of his trade, for products 

covered by this Code. He shall publish and file promptly with the 

Code Authority any changes made by him in such qualifications and 

any additional qualifications. 

SECTION 2. Each member shall file at such times, in such manner 

and at such places as may be designated by the Code Authority, the 

names and locations of his trade who buy at less than his published 

prices, grouped according to his own stated qualifications then in 

effect. The names and locations so filed shall be available to 

customers and to the members of the Industry, provided that the 

name of the manufacturer submitting any such names and locations 

shall not be disclosed without his consent. 

ARTICLE IX-SPECIFIC TRADE PRACTICES 

RuLE 1. All sales of products covered by this Code shall be made 

on the basis of a written quotation or bill of sale. Said quotation or 

bill of sale shall be correctly dated and shall be in accordance with 

current published prices and shall be so listed as to enable checking 

with the current .price sheet. Outstanding quotations for specific 

projects may be protected for a period of thirty (30) days beyond 

date of price change (or in the case of quotations made for specified 

projects, I:-avin~ a d.efinite date for public op~ning o~ bids, pro~ection 

may be given tor sixty ( 60) days beyond bid openmg), provided a 

list of such outstanding quotations is filed with the Code Authority 

within ten (10) days after price change. 

RuLE 2. All quotations shall be plainly marked" Subject to change 

without notice and void after sixty ( 60) clays," and all written quotations shall so state, subject, however, to Rule 1. 

RuLE 3. It shall be deemed an unfair method of competition to 

sell or dispose of any product of this industry on any lower basis 
37 

than that of the current published price sheet of each individual 

manufacturer, less such discounts as apply under these Rules, except 

as provided in Rule 9. 

RuLE 4. It shall be deemed an unfair method of competition to 

make a particular sale of products of the Industry contingent upon 

the sale of any other goods or materials not covered by this Code. 

RULE 5. It shall be deemed an unfair method of competition to 

make or cause or permit to be made or publi heel any fal ·e, untrue, or deceptive statement by way of advertisement or otherwise concerning the materials of construction used in, the operating characteristics of, or the quality, size, origin, or preparation of any product 

of the industry, sold or offered for sale. 

RuLE 6. It shall be deemed an unfair method of competition to 

mark or brand any product of the industry in any manner which 

has the tendency to mislead or deceive customers or prospective customers as to the substance, grade, quality, size, quantity, origin, or 

preparation of any product of the industry sold or offered for sale. 

RuLE 7. It shall be deemed an unfair trade practice to accept 

blanket orders; therefore, all quotations and orders mu t specify an 

itemized bill of goods. If, after a quotation has been made, the specified requirements are changed, a new quotation shall be issued based 

upon published prices prevailing at that time. If, after an order 

has been accepted the requirements are changed, deductions shall be 

credited on the basis of prices prevailing at the time order wa placed 

and additions shall be charged at the price prevailing at the time 

additions are made. 

RULE 8. No employer shall sell or exchange any product of the 

Industry, manufactured by him, at a price, or upon terms and conditions, which will result in the purchaser paying for the goods received, less than the allowable cost thereof to the seller, determined 

in accordance with the system and methods of costing formulated 

under the provisions of Section 10 of Article VI; provided, however, 

that dropped lines, or seconds, or inventories which must be converted into cash to meet emergency needs may be disposed of by 

any employer, at any price and on any terms and conditions, but 

only if such employer, not less than two (2) -weeks before uch disposal, has filed with the Code Authority, a statement in writing, 

setting forth the fact of, and reasons for, such propo eel disposal, and 

Code Authority has not, before the termination of such two (2) 

weeks' period, in writing disapproved the proposed disposal; provided that no article so approved for sale as obsolete, or for emergency needs shall be reinstated without approval of the Code Authority; and, provided further, that a member of the Industry sell- ing or wishing to sell, below his own allowable cost to me-et the competition of a competitor whose allowable costs are lower, may do so 

provided that he has first so reported to the Code Authority and in 

such report has cited the facts of the competition which caused him 

to take such action. 

RuLE 9. Consignment of goods or delayed billing shall be deemed 

an unfair trade practice, except under conditions approved by the 

Code Authority. 

RuLE 10. It shall be deemed a violation of these Rules to enter 

into or be a party to a written or verbal agreement or understanding 
38 

. which serves directly or indirectly to affect the price or terms of 

,sale established by a current published price sheet, or which serves 

in any way to defeat the spirit and purpose of these Rules. However, nothing herein contained shall be construed to prevent a member of the Industry from cooperating with or instructing prospective purchasers as to the proper application or installation of said 

member',s products. 

RuLE 11. All products covered by this Code shall be sold .f.o.b. 

factory shipping point, or the equivalent of freight may be allowed 

or prepaid to freight station nearest to destination. 

RULE 12. No member of the Industry shall sell his product subject 

to a guarantee more favorable to the purchaser than the following: 

(a) No guarantee to furnish parts to replace defective material 

or workmanship ,shall extend beyond one year from date of shipment. 

(b) Replacements of defective material shall be f.o.b. manufachlrer's factory subject to manufacturer's inspection. 

J c) Foreign component part equipment guarantee shall be limit€d 

to the warranty of its manufacturer. 

RuLE 13. It shall constitute an unfair trade practice for any member, or any authorized employee or agent to furnish heating plans 

and/ or specifications to architects or others, unle,ss such plans or 

service shall be charged for as set forth by the Code Authority with 

the approval of the Administrator; provided, that nothing in this 

rule shall limit the right of members of this Industry to furnish 

catalogues, dimensioned .sketches, application drawings and the usual 

trade or advisory information concernin~ the products of the Industry and their application and use to Architect Engineers, Contractors, and others, either for general or specific cases . . RuLE 14. No member shall make any false or deceptive statements 

regarding the bu,siness or business conduct of a competitor. 

RULE 15. No member shall accept, for the purpose or with the 

effect of influencing a sale, securities, bonds, mortgages, stock or 

other personal or real property at other than the current market 

value thereof as whole or part payment for serviqes rendered or 

material furnished. 

RuLE 16. No member shall induce or attempt to induce the cancellation of any order for a specific installation given to any other 

member by his or it.s customers. RuLE 17. No member shall make secret payment or allowance to 

customers o.f rebates, credits, refunds, commissions or unearned discounts, whether in the form of money or otherwise. 

RuLE 18. No member shall sell equipment as listed in Section 1, 

Article II without identifying trade mark or the name of the 

manufactu•er or distributor clearly marked thereon. 

RuLE 19. No member of the Industry shall give, permit to be 

given, or directly offer to give, anything of value for the purpose of 

influencing or rewarding the action of any emploj ee, agent, or representative of another in relation to the business of the employer of 

such employee, the principal of such agent or the represented party, 

without the knowledge of such employer, principal or party. Commercial bribery provisions shall not be construed to prohibit free 
39 

and aeneral distribution or articles commonly used !or advertising 

except o rar as such articles are actually used for commercial bribery 

as hereinabove defined. 

A RTI LE X-GENERAL PROYISION s 

SEcTION 1. No provision of this Code hall be con trued or applied 

in such a manner as to-

( a) Promote or permit monopolies or monopolistic practices. 

(b) Permit or encourage unrair competitlon. 

(c) Eliminate, oppre , or eli criminate against mall enterprises. 

SECTION 2. This Code is hereby expressly made subject to the right 

of the Pre ·ident, pur uant to Section 10 (b) of Title I of the N ationa! IndlLtrial Recovery Act, !rom time to time to cancel or modify any order, approval, license, rule or regulation issued uncl er 

Title I of said Act, and specifically but without limitation to his 

right to cancel or modify his order approving this Code, or any 

conditions imposed by him upon such approval. 

SECTION 3. This Code, except as to provision r quired by the Act, 

may be modified on the basis of experience or changes in circumstances, such modifications to be based upon application to the Administrator and uch notice and hearing as he may specify and to 

become effective on approval of the Administrator. Any such applications may be made by the. Code Authority. 

SEcTION 4. If the Administrator shall determine that any action 

of a Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

of the merits of uch action and further consideration by such Code 

Authority or agency pending final action which shall not be effective 

unless the Administrator ap~roves or unless he shall fail to disapprove after thirty (30) days notice to him of intention to proceed 

with such action in its original or modified form. 

ARTICLE XI 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 376. 

Registry No. 1335- 06. 

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