Approved Code No. 238 Registry No. 1304-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FAN AND BLOWER INDUSTRY 

AS APPROVED ON JANUARY 30, 1934 

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UNITED STATES 

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WASHINGTON: 1934 

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. ,.. 
Approved Code No. 238 

CODE OF FAIR COMPETITION 

FOR THE 

FAN AND BLOWER INDUSTRY 

As Approved on January 30, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

FAN AND BLOWER INDUSTRY 

An application having been duly 1nade pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, :for approval of a Code of 

Fair Competition for the Fan and Blower Industry, and hea rings 

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: 

NOW, 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 lnd1tstrial Reco1Jery. 

Approval Reconunended: 

w. A. HARRIMAN, 

Division Administrator. 

wASHINGTON, D.C., 

January 30, 1934. 

86709°----313-153----34 (575) 
The PRESIDENT, 

The White House. 

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

and Blower Industry as revised after a public hearing, conducted in 

Washington, D.C., on December 28, 1933, in accordance with the 

provisions of the National Industrial Recovery Act. 

PROVI ION ' AS TO WAGES AND HOURS 

All, except office employees, shall be paid a minimum rate of 

forty cent per hour. Apprentices hall not exceed in number five 

percent of the total number of wage earners. Office employees 

shall be paid a minimum wage of fifteen dollars per week. Office 

boys and girls shall be /aid not less than eighty fercent of this 

rate and . hall not excee in number five percent o an employer's 

total number of office employees. 

Handicapped workers may be employed at wages below the minimum. Female employees performing substantially the same work 

a. male employees shall receive equal pay. Adjustment of wage 

rates aboYe the minimum will be made within thirty days after the 

a ppro1al of this Code. 

Forty hours shall be the maximum number of working hours 

for any week and eight hours for any day except during any six 

week in a . ix months' period forty-eight hours in one week shall 

be permissible. Executives, their staffs, and supervisors, who regularly receive thirty-five dollars or more per week, and outside 

salesmen are excepted from this provision. Employees engaged 

solely at maintenance and repair work, truckmen, firemen, and 

engineers may work nine hours a day or forty-four hours a week, 

except during any six weeks in a six months' period forty-eight hours 

in one week is permissible. Watchmen shall not be employed in 

excess of fifty-six hours in any one week. Office employees, except 

tho e receiving thirty-five dollars per week or more, shall not be 

employed in excess of an average of forty hours per week over each 

period of five weeks, nor more than forty-eight hours in any one 

week. 

All employees, except office employees, shall be paid at the rate 

of time and one half for time worked in excess of forty hours per 

week. 

ECONOMIC EFFECTS OF THE CODE 

Annual sales of the products of this industry declined about 

sixty-four percent from 1929 to 1933 and invested capital declined 

thirty-one percent over the same period. Employment declined 

forty-six percent from 1929 to 1933. Thirty-n1ne hundred wage 

earners were employed by the industry in 1929 according to the 

Research and Planning Division's report. 

(576) 
\ 

577 

The maximum hours established by this Code will increase employment approximately twelve percent if the average volume of 

production for the years 1930 and 1931 i · continued. The Code 

provision that wages above the minimum shall be equitably adjusted 

is expected to cause material increase in purchasing power. Trade 

practice provisions of the Code are expectecl to remedy many of the 

evils that have been prevalent in the past. This Industry depends 

chiefly on new building. 

FINDINGS 

The Deputy Administrator in his final report to n1.e on said Code, 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

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

commerce which tend to diminish the amount thereof and 'Yill provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among thA trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by 

avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standard of 

labor, and by otherw1se rehabilitating indu try. 

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

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

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Indn try; and that said a sociation 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 them. 

(f) Th~se engaged 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, 

JANUARY 30, 1934. 

HUGH S. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

FAN AND BLOWER INDUSTRY 

ARTI LE I-PURPOSES 

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

Recovery Act, the following provisions are established as a Code 

of Fair Competition for the Fan and Blower Industry, and shall 

be the standard of fair competition for such industry and shall be 

binding upon eYery member thereof. 

ARTICLE II-DEFINITIONS 

1. The term '' Fan and Blower Industry " as used herein is defined 

to mean the manufacture and the sale by the manufacturers of 

fans, blower.._ , and air washers with their accessory equipment as 

used in the heating and ventilating business and as applied to 

drying, mechanical draft or air conditioning for both industrial 

and human comfort purposes. Electric ventilating fans other than 

desk, wall, or ceiling fans (commonly termed "buzz fans") shall 

be classified as coming within the scope of this definition. 

2. The term "Pres1dent" as used herein means the Pre ident of 

the United States of America. 

3. The term "Administrator" means the Administrator of Title 

I of the National Industrial Recovery Act. 

4. The term "Association" as used herein means the National 

Association of Fan lvianufacturers, a trade association. 

5. The term "Act" as used herein means the National Industrial 

Recovery Act. 

6. The term "Employee" as used herein includes any person 

engaged in the Industry, in any capacity, receiving compensation 

for his service , irrespective of the nature or method of payment 

of his compensation. 

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

any such emplo~ee is compensated or employed. · 8. T IJ.v term 'Member of the Industry" or "Member" includes, 

but, without limitation, any individual, partnership, association, ' 

corporation or other form of enterprise engaged in the Industry, 

either as an employer or on his or its own behalf. 

ARTicLE III-HouRs 

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

employee hall be employed in exce s of forty ( 40) hours in one 

(578) 
579 

week, or eight (8) hours in any twenty-four (2-!) hour period, except 

that during any six ( 6) IYeeks in any six ( 6) month ' period employees may be employed not more than forty-eight ( 48) hours per 

week, providing one and one half times the normal rate of pay shall 

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

forty ( 40) hours per ''"eek. The foregoing limitations shall not 

apply to-

( a) Those employed in executive and managerial capacity, and 

service engineers when and as long as their expenses are paid by 

their employer, who regularly receive thirty-five ($35.00) dollars 

or more per week. 

(b) Outside salesmen. 

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

truckmen, firemen, and engineers, vd1o may be permitted to work not 

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

in any one vYeek. The e employees may also be permitted to work 

forty-eight (48) hours per week during any ·ix (6) ''"eeks in any 

six ( 6) months period. One and one half time the normal rate of 

pay shall be paid for hour worked in exce of eight (8) hours per 

day and forty ( 40) hour per week. 

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

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

to whom this limitation shall not apply. 

(e) Cases of emergency uch a the production of equipment or 

repairs for breakdown service, or where the restriction of hours of 

skilled workers would unavoidably reduce production or limit the 

work available to other workers. 

SEc. 2. No accounting, clerical, or office employee shall be employed in excess of an average of forty ( 40) hours a week over a 

calendar five (5) weeks period, nor more than forty-eight (48) 

hours in any one week. 

SEc. 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. 

SEc. 4. No employee hall be permitted to work more than six (6) 

days in any seven (7) day period. 

ARTICLE IV-WAGES 

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

forty ( 40) cents per hour, except that : 

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

less than fifteen ($15.00) dollars per week. 

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

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

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

office boys and girls receiving less than such minimum wao·e shall 

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

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

empl_oyer may employ at least two (2) such persons as above 

provided. 
580 

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

apprentice employed under a R.Y tern 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) percent of the total number of :factory emplo3 ees of 

such employer. 

SEc. 2. This Article establishes a minimum rate of pay svhich 

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

SEc. 3. The Code Authority may present for approYal of the 

Admini trator, after notice and hearing, recommendations as to 

upward adjustments in minimum wage for specific localitie . SEc. 4. Equitable adjustment of compensation of employees receiving more than the minimum rates of pay herein prescribed shall 

be made by all employers who have not heretofore made such adju tments, and all employers shall within sixty (60) days after approval of this Cole, report in full to the Code Authority concerning 

such adjustments whether made prior to or subsequent to such approval, provided, however that in no eYent shall hourly rates of 

pay be reduced. 

SEc. 5. Female employees performing substantially the same work 

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

SEc. 6. A person whose earning capacity is limited because of 

age or phy ical or other handicap may be employed on light work 

at a wao·e 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 his enlployment at such wages and :for such hours as shall be stated in the 

certificate. Each employer shall maintain on file with the Code 

Authority a list of all such persons employed by him .. 

SEc. 7. Wages shall be exempt from any payments for pensions, 

insurance, or sick benefits other than those voluntarily paid by the 

wage earners, or required by State laws. \V ages shall be paid at 

least at the end of every two-week period, and salaries at least at 

the end of every nlonth. _ SEc. 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 PROYISIONS 

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 hall ubmit to the Administrator before March 1, 1934, 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 em-
581 

powered to issue employment or age certificate or permits showing 

that the employee is of the required age. 

SEc. 2. In compliance with Section 7 (a) of the Act it i provided 

tha.t: 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choo ing, and shall 

be free from the interference, restraint, or coorcion of employers of 

labor, or their agents, in the designation of such representative or 

in self-organization or in other concerted activitie for the purpose 

of collective 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 refrain 

from joining, organizing, or assisting a labor organization of his 

own choosing. 

(c) Employers shall comply ·with the maximum hour of labor, 

1ninimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

SEc. 3. No employer shall reclassify en1ployees or duties of occupations performed or engage in any other subterfuge for the purpo e 

of defeating the purposes or provisions of the Act or of this Code. 

SEc. 4. Every employer shall make reasonable provisions for the 

bafety and health of his employees at the place and during the hours 

of their employment. 

SEc. 5. No provisions in this Code shall super ·ede any State or 

Federal law which imposes more stringent requirements on employers as to age of employees, wages, hours of work, or as to sa.fety, 

sanitary or general working conditions, or insurance, or fire protection, than are imposed by this Code. 

SEc. 6. All employers shall post complete copies of the labor provisions of this Code in conspicuous places accessible to employees. 

ARTICLE VI-An~nNISTRA TION 

To effectuate the policies of the Act a Code Authority is hereby 

constituted to cooperate with the Administrator in the administration 

of this Code. 

SECTION. 1. (a) During the sixty (60) day I?eriod following the 

effective date, the Code Committee of the N atwnal Association o£ 

Fan Th1anufacturers shall constitute a temporary Code Authority, to 

serve until the pern1anent Code Authority hereinafter referred to 

shall have been elected. 

(b) During such period the Association shall set up a permanent 

Code Authority consisting of three (3) or more members of the Industry as determined by the Code Authority, elected by the members of 

the Industry by a £air method of selection, approved by the Administrator. To the temporary and to the permanent Code Authority 

so provided for, the Administrator in his discretion may appoint 

not more than three additional members (without vote) to represent 

the Administrator. Such additional members shall serve vvithout 

expense to the Industry. 

(c) The Code Authority (including the temporary Code Authority 

herein above referred to) shall have the following powers and duties, 

to the extent permitted by the Act: 
582 

1. To obtain from the member of the Industry such statistical 

data. and information a may be required under the Act (in such 

form and manner a. not t6 eli do e the individual figure and data 

of the re .. pecti,-e member of the Industry), whether requested by 

the Aclmini trator or as may be otherwise necessary to enforce and 

effectuate the provi ion. of this Code and the policy of the Act. 

2. To make available to the Admini trator such reports, data, 

and information as may bo required by the Administrator and 

which " ·ill as i t in keep]ng the Admini trator or any representative 

designated by him fully advi eel concerning such matters and confer 

with the Administrator or his representative from time to time to 

consider and tudy any recommendations pre ented by such per ons 

on behalf of the National Recovery Administration or any member 

of the Inclnstr:v rep;arding the operation, observance, and administration of this Code. 

3. To make recommendations to the Admini trator for the coordination of thp administration of this Code with such other codes, if 

any, as may be related to the indu try. 

4. To cooperate with the Administrator in regulating the use of 

any N.R.A. in ignia olely by those members of the Industry who 

have assented to, and are omplying with, this Code. 

5. To recommend to the Administrator further fair trade practice provi ion to govern members of the industry in their relations 

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

Adn1inistrator measures for industrial planning, including stabilization of employment. 

6. To delegate any of its duties to such agencies as it may appoint which would not involYe the disclosure of the individual data 

or information of an member of the Indu try, except as otherwi e 

herein permitted or required to be disclosed, provided, that such 

agencies shall be under the upervi ion of the Code Authority and 

re pan ible to it. 

SEc. 2. The As ·ociation is hereby constituted an agency of the 

Code Authority to receive reports as hereinabove provided. The 

Association shall provide for the receiving and holding of such report in confidence. Such reports shall be in such form, and shall 

be furnished at such intervals as shall be prescribed by the Code 

Authority and shall contain such information relevant to the purposes of this Code as shall be prescribed by the Code Authority from 

time to time including information with respect to the following 

subj ects : 

(a) Employment, hours, wages, and wage rates. 

(b) Production and billing. 

(c) Financial and cost data. 

(d) Activity, purchases, and sales. 

SEc. 3. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority 

shall (1) impose no inequitable restrictions on membership, and (-) 

submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, and activities as the Administrator may dern. nrc('s. ary to 

effectuate the purposes of the Act. 
583 

SEc. 4. In order that the Code Authority shall at all times be 

truly representative of the indu ·try and in other respects comply 

with the provisions of the Act, the Aclmini trator may prescribe 

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

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

in other respects comply with the provisions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

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

to the Code Authority, there shall be furnished to government 

agencies such statistical information as the Admini trator may deem 

necessary for the purpose recited in Section 3 (a) of the Act. 

ARTICLE VII-RULES CovERING INDUSTRY 

SEcTION 1. There shall be uniformity in bookkeeping methods. 

Each member shall subscribe to, adopt, and put into effect a method 

of cost accounting which recognizes and includes all items entering 

into costs as prescribed by the Statistical Collllnittee of the Association and approved by the Code Authority and by the Admini trator. 

SEc. 2. Where a manufacturer produces other lines of products 

not falling under the definition of the " Fan and Blower Industry ", 

each such business shall be considered a separate unit for the purpose of ascertaining costs, and costs not specifically attributable to 

one specific business shall be properly and fairly allocate l to the 

several businesses so that the cost of the products of the Fan and 

Blower Industry can be fairly and accurately determined. 

ARTICLE VIII-TRADE PRACTICE RuLEs 

SECTION 1. Unfair Oornpetition.-(a) No member shall sell or 

exchange any product of his manufacture at a price which re ults in 

his receiving less than his total cost of production, determined pursuant to the provisions of Article VII, except that any member of 

the industry may meet the price competition of any other me1nber 

who is not violating this Code on products of equivalent design, 

size, capacity, character, quality, or specifications. 

(b) No member shall entice away any employee of any other 

member with the purpose and effect of unduly hampering, injuring, 

or embarrassing such other member in his business. 

(c) No member shall withhold from or insert in the invoice, facts 

which make the invoice a false re.cord, wholly or in part, of the 

transaction represented on the face thereof, and shall not make payment or give allowances of secret rebates, refunds, credits, unearned 

discOtmts, whether in the form of money or otherwise. 

(d) No member shall falsely disparage the weight, sub tance, 

strength, grade, quality, or efficiency of the goods of competitors. 

(e) No member shall defame competitors with the purpose and/ or 

tendency to mislead or deceive any prospective purchaser or purchasers by falsely imputing to them dishonorable conduct, inability 

to perform contracts, questionable credit standing, or by other 

misrepresentation. 
584 

(f) No member shall in selling or offering to sell any product, 

make any materially inaccurate or false representations as to the 

quality, quantity, grade, substance, or efficiency of such product, for 

the purpose or with the effect of deceiving purchasers or prospective 

purchasers. 

(g) No guarantee against defects of workmanship and material 

shall be given on standard products beyond the customary one-year 

period. 

(h) No member of the indu try shall knowingly offer a proposal 

after a contract has been awarded to another member, provided that 

the award has been approved by all parties ha-ving rights therein and 

the contract has been duly and regularly accepted by such other 

member. 

(i) No member of the industry shall attempt to induce the breach 

of any contract between a manufacturer and a customer or his solu·ce 

of supply. 

(j) No member of the industry shall give, permit to be given, or 

directly offer to give anything of value for the purpose of influenc· 

ing or rewarding the action of any employee, 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 and 

general distribution of articles conm1only used for advertising except 

so far as such articles are actually used for commercial bribery as 

hereinabove defined. 

SEc. 2. Nothing in these rules shall be interpreted to prevent the 

sale of dropped lines or obsolete stock at such prices as are necessary 

to move such mer.chandise; provided, however, that all such stocks 

are first reported in writing to the Code Authority, or its authorized 

agent, and that any such report contains an accurate inventory of 

the material in question and the price asked. 

SEc. 3. Any representations, whether by advertising or otherwise, 

as to performance of equipment shall be in accordance with the Test 

Codes adopted by the Association and the American Society of Heat· 

ing and Ventilating Engineers where applicable. 

AnTICLE IX-GENERAL PRonsroNs 

SECTION 1. By presenting this Code, the applicants for its approval 

shall not be deemed to have assented to any modifications thereof and 

each reserYes the right to object to any modification thereof. 

SEc. 2. (a) Amendments to or revisions of this Code may be proposed by the Code Authority, which will become effective as part of 

the Code upon approval by the Administrator after such notice and 

hearing as he may specify. 

(b) This Code and all the provisions thereof are expressly made 

subject to the right of the President of the United States, in accordance with the provision of Subsection (b) of Section 10 of the N a· 

tional 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, without limitation, to the right of the 

President of the United States to cancel or modify his approval of 
585 

this Code or any conditions imposed by him, upon,.his approval 

thereof. 

(c) Members of the Industry shall be entitled to participate in 

and share the benefits of the Code and to participate in the election 

of the permanent Code Authority, by assenting to and cmnplying 

with the requirements of this Code and sustaining their reasonable 

share of the expenses of its administration. The reasonable share 

of the expense of administration shall be determined by the Code 

Authority, subject to review by the Adn1inistrator, on the basis of 

volume of business andjor such other factors as may be deemed 

equitable to be taken into consideration. 

SEo. 3. None of the provisions of this Code shall be construed or 

applied in such a way as to promote a monopoly or monopolistic 

practices or to eliminate or oppress small enterprises, or discriminate against them. 

SEc. 4. If the Administrator shall determine that any action of 

the Code Authority or any agency thereof is unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended for a period of not to exceed thirty days 

to afford an opportunity for investigation of the merits of such 

action and further consideration by such code authority or agency 

pending final action, which shall be taken only upon approval by 

the Administrator. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President of the United States. 

Approved Code No. 238. 

Registry No. 1304-03. 

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UNIVERSITY OF FLORIDA 

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