Approved Code No. 334-Amendment No. 2 Registry No. 1331-02 

NATIONAL RECOVERY ADMINISTRATION 

I 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR TIIE 

BEVERAGE DISPENSING 

EQUIPMENT INDUSTRY 

AS APPROVED ON MARCH 16, 1'935 

WE DO OUR PA..Iift 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 334-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

As Approved on March 16, 1935 

ORDER 

APPROVING A:rtrENDl\IENT oF CoDE oF FAIR Col\IPETITIO~ FOR THE BEvERAGE DISPENSING EQUIPl\IENT 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 June 16, 1933, for approval of nineteen 

amendments to a Code of Fair Competition for the Beverage Dispensing Equipment Industry, and hearings having been duly held 

thereon and the annexed report on said amendments, containing 

findings with respect thereto, having been made and directed to the 

President: 

NO\V, THEREFORE on behalf of the Pre ident of the United 

States, the National Inclu trial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order Number 6859, and otherwise; does hereby incorporate, 

by reference, said annexed report and does find that said amendments and the Code as constituted after being amended comply in 

all respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act, and does hereby order that 

said amendments be and they are hereby approved, and that the previous approval of said Code is hereby amended to include an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By W. A. HARRil\fAN, AdministTative Officer. 

Approval recommended : 

Jon~ ,V. UPP, 

Acth1g Division Administrato1'. 

wASHINGTON, D. c., 

March 10, 1935. 

1~2020°----1603 97----35 (1) 
REPORT TO TI-IE PRESIDENT 

The PRESIDENT, 

The liV hite House. 

SrR: This is a report on nineteen amendments to the approved 

Code of Fair Competition for the Beverage Dispensing Equipment 

Industry. These amendments are acceptable to the Code Authority for that 

Industry and to the various Boards and Divisions, and opportunity 

to be heard thereon has been given to all interested parties. 

The Acting Assistant Deputy Administrator in his final report to 

us on said amendments to said Code having found as hBrein set 

forth and on the basis of all the proceedings in this matter, we find 

that: 

(a) The amendments of said Code and the Code as amended are 

well constituted to promote the policies and purposes of Title I of 

the National Industrial Recovery Act, including the removal of 

obstructions to the free flow of interstate and foreign commerce 

which tend to diminish the amount thereof, and will provide for the 

general welfare by promoting the organization of Industry for the 

purposes of cooperative action among the Trade Groups, by inducing 

and maintaining united action of labor and management under 

adequate Government sanction 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, and improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provi ions 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. 

(c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

amendments. 

For these reasons therefore, we have approved these amendments. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN' 

A d1ninis trativ e 0 fficeJr. 

MARCH 16, 1935. 

(2) 
Al\1ENDMENT TO CODE OF FAIR COMPETITION FOR 

TI-!E BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

1. Amend Article II by adding the following as Section 9: 

SECTION 9. The term "employer" as used herein includes anyone 

by whom employees are compensated or employed. 

2. Amend Article III, Section 1, by inserting in parentheses 

between the words "one week" and "except", the words "seven (7) 

day period ", the Section to read as follows: 

SECTION 1. 11-f amimum H aurs.-N o employee shall be permitted to 

work more than forty ( 40) hours in any one week (seven (7) day 

period), nor more than eight (8) hours in any one day (twenty-four 

( 2,1:) hour period), nor more than six ( 6) days in any one week 

(seven (7) day period), except as herein otherwise provided. 

3. Amend Article III, Section 6, to read as follows : 

SECTION 6. Ewem_ptions as to H ottrs.-The provisions of this 

Article in respect to the limitation of hours c;;:hall not apply to traveling salesmen, or to persons employed in a managerial or executive 

capacity who earn not less than thirty-five dollars ($35.00) -per week. 

4. Amend Article III, Section 7, to read as follows : 

SECTION 7. The provisions of this Article in respect to the limita- tion of hours shall not apply to employees engaged in emergency 

maintenance or emergency repair work, provided, however, that in 

any such emergency work at least one and one-half (llh) times the 

normal rate of pay shall be paid for all hours worked in excess of 

the maxima herein provided by this Article, and further provided 

that all cases of emergency work shall be reported to the Code 

Authority, and fprther provided that such overtime shall not exceed 

eight (8) hours in any one week (seven (7) day period) except in 

cases of emergency maintenance or emergency repair work involving 

breakdo\\ns or the protection of life or property. 

5. Amend Article IV, Section 1, third word, to read "shall". 

6. Amend Article IV by adding the following as Section 6: 

SECTION 6. Fe??Wle Employees.-Female employees performing 

substantially the same work as male employees shall receive the sarrre 

rate of pay as male employees. 

7. Amend Article IV by adding the following as Section 7: 

SECTION 7. H andicapped Persons.-A person whose earning capacity is limited because of 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 his employment at such wages and 

for such hours as shall be stated in the certificate. Employers shall 

be guided by the instructions of the United States Department of 

Labor in issuing certificates to such persons. Each employer shall 

1 

(3) 
file mon hly wit 1 t e e .:\..nth rity a li ~t of all uch I ers IL employ 1 by him. h w·ing the \TaL ::: 1 ai~.l t . ~ nd the ma:s:imum hour~ 

f ,.,- rk f r .... uch emplcyee . 

. .A .. mend ~ rticle Y. ~e ti n 1. third :en ten e, t r a l ~ :foll : 

The J ~-1-nth ritY hall ubmit to he Xati nal Indu ~t rial Re-

<' , .. ry B nnl. f r appr \al. \\ithin i:s:ty ( day ~ after th effectiYe data f thi ~ mendment: a list f .... uch operati ~ r 

ccupati il". 

, . .A .. mend ~-1-rticl Y. e-cti n ± . .... c ncl "en ten 'e. to real a .... f 11 w. : 

tan ard ~ f r .... afet\ and health for the Indu r\ hall b "u' -

1 lit- l hv the de A..uthori ' t the X ati n, 1 In lu~ trial R yery 

n anl. { r approYal: \\ithin ~i:s: ~' m nth after th eff cti1·e 

f thi ~ Amemlment. 

1 . Amend ~-\.rticle Y, ection . to ren l a , foll w, : 

ECTI x . ~-\.11 employer~ hall o~t anl keep po~ted c p1e f 

this ole in c nspicuou, place, acce ible t all employee,. ET"ery 

memb r of the indu try hall c mply \\ith all rule and regulati n, 

r latiT"e to the po ting f pro\i,ion, of ode f Fair omp titi n 

\\hich may from time to time be pre cribecl by the X ational Indu -

tri< l Reco\er-v B ar l. 

11. ~-\.mend. A .. rti le Y. ecti n . to read ~ follo\\ : 

.... ti n . Dh ... mi '...,·al.-Xo employee hall be di .... mi.:: ,ed. demoted 

r ther\\i e di criminated a;ain t by rea ... n f makino· a complain 

r ai,inrr eT"i l nee \\ith re pect t a Yi lation or an alleo·e "Violation 

fan\ ode. 

1_. ·Amend Article TI. ecti n 11: fir t tatement. t reaJ a 

fll\\: 

SEcrrox 11. ubject o uch rul and reaulati n a may be i .... sue l 

b,- the X ational Indu trial Reco\er) Board. the de Authorit 

hall ha \e the follo\\ing po\\er and· dutie to the extent permittecl 

b\ the ~-1-ct: 

· 13. illnend ~-1-rticle YI ection 11. u ection (a) to read a 

f ll \\ : 

(a To in nre the e:s:ecution of the pro,· ion of thi o l and 

proYide for the compliance of the Indn~try "ith the pro "Vi ion of 

the Act. 

1±. ~-\.mend Article \~I. ection 11, ub ection b . to read a 

f llo" : ' 

b To adopt. ubject to the appro\al of the National Indu trial 

R ec \ery Boar : By-La" and rule and regulation for its 

procedure. 

15. Amend ... ~rticle YI. ection 11 ub ection (e) t read aN 

f llo" : ' 

( e To make recommendation to the X ational Indu trial Reco\er\ Board for the coordination of the admini tration of this Code 

with ·"uch other code .... . if an-v. a mav be related to or affect the 

I n lu trv. ' · ' ~ 

1 . A1nend Article TIL Rule . to read a folio" : 

Rm 5. ecr t R bat .- X o n1ember of the Indu try hall uecretly 

ffer or make any payment or allo\\ance of a rebate. refun cmrunision. credit. unearned di count or e:s:ce.... allo\\ance \\hether in the 

form of money or otherm e nor hall a member of the indu try 

ecret.ly offer or extend to any cu tomer any pecial er\ice or privi-
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lege not extended to all customers of the same class, for the purpose 

of influencing a sale. 

17. Amend Article VII, by adding the following as Rule 20: 

RuLE 20. Classification of Oustomers.-The Code Authority shall 

cause to be formulated and keep current a classification of all types 

of customers of the Industry. Such classification shall be subject 

to the disapproval of the National Industrial Recovery Board and 

shall contain: (a) a complete list of all of the cla es of customers 

of the Industry, including a class to cover every known type of customer; and (b) definitions or de criptions of the several classes in 

t erms of functions performed, or in other appropriate terms such 

as purchasers of defined quantities. 

After submission to the National Industrial Recovery Board, if 

there is no disapproval or r equest for suspension of action within 

twenty (20) days, full information concerning the classification 

shall be made available to all members of the Industry. No one 

shall by intimidation, coercion, or other undue influence cause or 

attempt to cause the inclusion of any customer in or the exclusion of 

any ctrtomer from any class of customers, or the exclusion of any 

class of customers from the classification, or the use of uniform or 

stipulated prices, discounts, or differentials and each member of the 

Industry may at all times classify his own customers in accordance 

with his own judgment. 18. Amend Article XII to read as follows : 

Every member of the Ind1 1stry shall comply with the rules and 

regulations of the National Industrial Recovery Board as to registration with the Code Authority or such other agency as the N ational Industrial Recovery Board may direct and including, but 

without limitation, the number of shops, establishments, or separate 

units thereof and their location, as well as each additional shop, 

establishment, or separate unit opened after registration. 

19. Amend Articl.e XIII by designating it as Article XIV, and 

by adding the following as Article XIII: 

No member of the Industry shall permit any individual, corpqration, partnership, association, or other form of enterprise owned or 

over which it exercises control, to violate any provision of this Code, 

or any other Code. Nor shall any member of the Industry engage 

in any subterfuge for the purpose of and with the intent or effect 

of defeating or violating the provisions of this Code, or any other 

Code, or of the Act. 

Approved Code No. 334-Amendment No. 2. 

Registry No. 1331-02. 

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