Registry No. 1326- 1-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PUMP MANUFACTURING 

INDUSTRY 

I A 

U.S. DE 

AS APPROVED ON OCTOBER 11, 1933 

BY 

PRESIDENT ROOSEVELT 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - Price 6 cent. 
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(II) 
EXECUTIVE ORDER 

CoDE OF FAIR CoMPETITION FOR THE PuMP MANUFACTURING INDUSTRY · 

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

compliance with the provisions of Title I of the National Recovery 

Act, approved June 16, 1933, for my approval of a Code of Fair 

Competition for the Pump Manufacturing Industry, and hearings 

having been held thereon and the Administrator having rendered 

his report containing an analysis of the said Code of Fair Competition, together with his recommendations and findings with respect 

thereto, and the Administrator having found that the said Code of 

Fair Competition complies in all respects with the pertinent provisions of Title I of said Act and that the requirements of clauses 

(1) and (2) of subsection (a) of Section 3 of the said Act have been 

met. 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of 

the United States, pursuant to the authority vested in me by Title I 

of the National Industrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report, recommendations, 

and findings of the Administrator and do order that the said Code 

of Fair Competition be and is hereby approved. 

THE WHITE HousE, 

October 11, 1933. 

Approval recommended: 

HuGH S. JoHNSoN, 

Admini..r.:trator. 

15693°----133-222----88 

FRANKLIN D. ROOSEVELT. 

(ill) 
THE PRESIDENT' 

OcTOBER 9, 1933. 

The White House, Washington, D.O. 

MY DEAR MR. PRESIDENT: I have the honor to submit and recommend for your approval, the Code of Fair Competition for the 

Pump Manufacturing Industry. 

The following documents are included or attached: 

1. Executive Order. 

2. Report of Deputy Administrator. 

a. Industrial Advisory Board Approval. 

4. Labor Advisory Board Approval. 

5. Consumers' Advisory Board Approval. 

6. Legal Division Approval. 

7. Research and Planning Approval. 

8. Research and Planning Report (Statistical). 

9. Original Letter of Transmittal from Industry. 

10. Assent of Industry. 

11. Notice of Hearing. 

12. Authorization of Code Committee to act. 

13. List of Witnesses. 

14. Constitution and Bylaws of Association. 

15. Transcript of Hearing. 

An analysis of the provisiOns of the Code has been made by the 

Administrator. I find that the Code complies with the requirements of the National Industrial Recovery Act. 

I am, my dear Mr. President, 

Very sincer~ly yours, 

(. 

(IV) 

HuGH S. JoHNsoN, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE PUMPMANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are submitted as a Code of 

fair competition for the pump-manufacturing industry, and upon 

approval by the President shall be the standard of fair competition 

for this industry. 

ARTICLE II-DEFINITIONS 

The term "pump-manufacturing industry" as used herein is defined to mean the manufacture for sale of pumps, pumping equipment, and/or parts thereof except as manufactured and sold solely 

as an original or as a replacement part of the product of another 

industry as now or hereafter organized, and except that there shall 

not be included therein the manufacture for sale of hand pumps, 

windmills, and domestic water-supply systems and parts and accessories thereof. The term " person " as used herein shall ~nclude 

but without limitation natural persons, partnerships, associations, 

trusts, trustees, trustees in bankruptcy, receivers, and corporations. 

The term "employer" as used herein shall include every person 

actively engaged in the manufacture for sale of the products of the 

pump-manufacturing industry as herein defined. The term "effective date" as used herein is defined to be the eleventh day after this 

code shall have been approved by the President of the United States. 

ARTICLE Ill-APPLICANT 

This code is presented by Hydraulic Institute, a trade association, 

all the members of which are engaged in the manufacture for sale of 

the products of the pump-manufacturing industry as herein definedJ 

in association with Machinery and Allied Products Institute, ot 

which Hydraulic Institute is a constituent member. 

ARTICLE IV-EMPLOYMENT 

As required by Section 7 (a) of Title I of the National Industrial 

Recovery Act, it is hereby provided: 

"(1) 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; (2) that no 

employee and no one seeking employment shall be required as a 

co,ndition of employment to join any company union or to refrain 

(1) 
2 

from joining, orgamz1ng, or assisting a labor organization of his 

own choosing; and-(3) 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." 

ARTICLE V-W AGES 

(a) On and after the effective date no employer shall employ any 

one under the age of 16 years; provided, however, that where a state 

law provides a higher minimum age, no person below the age 

specified by such state law shall be employed within that state. 

(b) On and after the effective date the minimum wage that shall 

be paid by any employer to any unskilled employee engaged in the 

production of the products of the pump-manufacturing industry and 

in labor operations directly incident thereto shall be 40 cents per 

hour, unless the rate per hour for the same class of labor on July 15th, 

1929, was less than 40 cents, in which case the rate per hour paid 

shall not be less than the rate per hour paid on July 15th, 1929, and 

provided, that in no event shall the rate per hour paid be less than 

35 cents, and provided also that learners (other than apprentices as 

defined in paragraph (d) of this Article V) may be paid not less 

than 80 percent of such minimum wage, but the total number of 

learners shall not exceed 5 percent of the total number of employees 

covered by the provisions of this paragraph (b) and provided, further, that after three months of work learners shall be paid not 

less than the minimum wage herein provided. 

(c) On and after the effective date the minimum wage that shall 

be paid by any employer to all employees other than those engaged 

in the production of the products of the pump-manufacturing industry, and in labor operations directly incident thereto, shall be at 

the rate of $15 per week, whether calculated on an hourly, weekly, 

monthly, piecework, or any other basis in accordance with the usual 

custom of the employer, provided, however, that office boys or girls 

may be paid not less than 80 percent of such minimum wage, but 

the total number of such office boys or girls shall not exceed 5 percent of the total number of employees covered by the provisions of 

this paragraph (c) . 

(d) Nothing in tbis Article V 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. 

(e) Not later than 90 days after the effective date each employer 

in the pump-manufacturing industry shall report to the Administrator through the Supervising Agency, hereinafter provided for, the 

action taken by such employer in adjusting the hourly wage rates for 

all employees receiving more than the minimum rates provided in 

paragraph (b) of thjs Article V, but receiving less than $35 per 

week of regular work period. 

ARTICLE VI-HouRs 

On and after the effective date no employer shall employ any 

employee except executives, administrative, supervisory, and technical employees and their respective staffs, who are paid at the rate , 
3 

of $35 or more per week, traveling sales and service employees, watchmen, and firemen,. in excess of 40 hours per week, provided, however, 

that these limitations shall not apply to conditions of seasonal or 

peak demand which create an unuPual and temporary burden for 

production or installation; in such special cases such number o£ 

hours may be worked as are required by the necessities of the situations shall not apply to employees on emergency, maintenance, or 

calendar 6 months' period; und provided, further, that these limitations shall not apply to ~mployees on emergency, maintenance or 

repair work, or to very special cases where restriction of hours of 

highly skilled workers would unavoidably reduce or delay production. Where in any ca'3e an employee whose hours of work are herein 

specified (other than salaried employees) shall work in excess of 

8 hours per day at least time and one third shall be paid for the 

excess hours so worked. 

ARTICLE VII-ADMINISTRATION 

Hydraulic Institute is hereby designated an agency for promoting 

the performance of the provisions of this code by the members o£ 

the pump-manufacturing industry; provided, however, that no inequitable restrictions upon membership in such Institute scyall at 

any time be imposed. 

With a view to keeping the President of the United States and 

the Administrator informed as to the observance or nonobservance 

of this code, and as to whether the pump-manufacturing industry is 

taking appropriate steps to effectuate in all respects the declared 

policy of the National Industrial Recovery Act, each employer shall, 

when required by the Supervisory Agency, prepare and file with 

such person or organization as the Supervisory Agency may designate, an earnings statement and balance sheet in a form prescribed 

by the Supervisory Agency. Each employer shall likewise prepare 

and file with such person or organization as the Supervisory Agency 

may designate and at such times and in such manner as may be 

prescribed statistics of plant capacity, volume of production, volume 

of sales in units and dollars, orders received, unfilled orders, stocks on 

hand, inventory, both raw and finished, number of emplo:yees, wage 

rates, employees earnings, hours of work, and such other data or information as the Supervisory Agency may from time to time require. 

In addition to information required to be submitted to the Supervisory Agency, there shall be furnished to Government agencies such 

statistical information as the Administrator may deem necessary for 

the purposes recited in Section 3 (a) of the National Industrial R~covery Act. 

ARTICLE VIII-SuPERVISORY AGENCY 

To administer and supervise and to facilitate the enforcement of 

the provisions of this code, there shall be a committee of five members connected with the pump-manufacturing industry called the 

Supervisory Agency. The President or the Administrator may appoint not more than three additional members without vote. The 

committee shall be elected at a meeting of e1nployers called im-
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mediately after the approval by the President of this code and held 

immediately prior to the effective date thereof. The meeting shall 

be called by Hydraulic Institute and notice thereof shall be sent 

by telegraph and registered mail to all known manufacturers in the 

pump-manufacturing industry. The notice shall specifically state 

that voting at the meeting may be in person or by proxy. The 

members of the committee shall be elected by a vote of the employers 

present in person or by proxy at such meeting, passed in two ways: 

(a) one member by a majority vote of employers present in person 

or by proxy as such, and (b) four members by a 51% vote by employers present in person or by proxy, weighted on the basis o:f 

one vote for each $50,000 o:f sales of products of the industry made 

in the calendar year 1932, as reported to the Secretary of Hydraulic 

Institute, but each employer shall have at least one vote. Members 

o:f the Committee to fill vacancies due to death or resignation or 

because a member thereof has ceased to be connected with the industry, shall be elected at meetings of employers called by Hydraulic 

Institute on at least ten (10) days' notice by registered mail sent 

to all known manufacturers in the pump-manufacturing industry. 

At such meetings the vote shall be taken in the manner hereinabove 

described. 

If :formal complaint is made to Hydraulic Institute or to the 

Supervisory Agency that the provisions o:f this code have been 

violated by any employer, the Supervisory Agency or the proper 

supervisory committee hereinafter provided for shall make such 

investigation as in its opinion is necessary. 

ARTICLE IX-STATISTICS 

Except as otherwise provided in the National Industrial Recovery Act. all statistics, data, and information filed in accordance with 

the provisions of Article VII shall be confidential, and the statistics, 

data, and information of one employer shall not be revealed to any 

other employer except that :for the purpose of facilitating the administration and enforcement of the provisions of this code, the 

Supervisory Agency, by their duly authorized representatives, (who 

shall not be in the employ of any employer affected by this code), 

and the Administrator shall have access to any and all statistics, 

data, and information that may be furnished in accordance with the 

provisions o:f this code. 

ARTICLE X-PARTICIPATION 

Any member o:f the pump-manufacturing industry is eligible 

for membership in the Hydraulic Institute. Any employer shall be 

entitl'ed to vote on, and share in the benefits of the activities o:f 

the Supervisory Agency, and may participate in any endeavors o:f 

Hydraulic Institute in the preparatiOn of any revisions of, or additions or suplements tol this code by accepting his proper pro rata 

share o:f the reasonab e cost o:f creating and administering it, as 

determined by the Supervisory Agency. 
5 

ARTicLE XI-AccouNTING AND CosTING· 

Every employer shall use an accounting system which conforms to 

the principles of and is at least as detailed and complete as the uniform and standard methoGl of accounting and the uniform and standard method of costing to be :formulated or approved by the Supervisory Agency, with such variations therefrom as may' be required 

by the individual conditions affecting any employer or group of 

employers and as may be approved by the Supervisory Agency and 

made supplements to said :formulated or approved methods of 

accounting and costing. 

ARTICLE XII-SALES BELOW CosT 

No employer shall sell or exchange any product of his manufacture, at a price or upon terms or conditions that will result in the 

customer paying for the goods received less than the cost to the 

seller, determined in accordance with the uniform and standard 

method of costing hereinabove prescribed, provided, however, (1) 

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

manner and on such terms and conditions as the proper supervisory 

committee may approve and as are necessary to move such product 

into buyers' hands and provided, further (2) that selling below cost 

in order to meet existing competition on products of equivalent design, character, quality, or specifications shall not be deemed a violation of this Article if provision therefor is made in supplemental 

codes for any branch or subdivision of the industry, which may be 

hereafter prepared and duly approved by the President. 

ARTICLE XIII-PRICE LISTS 

If th.e Supervisory Agency determines that in any branch or subdivision of the pump-manufacturing industry it has been the generally recognized practice to sell a specified product on the b~sis of 

printed net price lists, or price lists with discount sheets and fixed 

terms of sale and payment, each manufacturer of such product shall 

within ten (10) days after notice of such determination file with the 

Supervisory Agency a net price list or a price list and discount sheet, 

as the case may be, individually prepared by him, showing his current 

prices, or prices and discounts, and terms of sale and payment, and 

the Supervisory Agency shall immediately send copies thereof to all 

known manufacturers of such specified product. Revised price lists 

and/or discount sheets may be filed :from time to time thereafter with 

the Supervisory Agency by any manufacturer of such product, to 

~ecome effective upon the date specied therein, but such revised price 

lists and/or discount sheets shall be filed with the Supervisory 

Agency twenty (20) days in advance of the effective date, unless the 

proper Supervisory Committee shall authorize a shorter period. 

Copies of such revised price lists and/ or discount sheets, with n9tice 

of the effective date specified, shall be immediately sent to all known 
6 

manufacturers of such product, who thereupon may file, to become 

effective upon the date when the revised price list and/ or discount 

sheet first filed shall go into effect, revisions of their price lists andj or 

discount sheets establishing prices or prices and discounts not lower 

than those established in the revised price lists and/ or discount sheets 

first filed. 

If the Supervisory Agency shall determine that in any branch 

or subdivision of the pump-manufacturing industry not now selling 

its product on the basis of price lists, with or without discount 

sheets, with fixed terms of payment, the distribution or marketing 

conditions in said branch or subdivision are the same as or similar 

to the distribution or marketing conditions in a branch or subdivision of the industry where the use of price lists, with or without 

discount sheets, is well recognized, and that a system of selling on 

net price lists or price lists and discount sheets with fixed terms of 

payment should be put into effect in such branch or subdivision, 

each manufacturer of the product or products of such branch or 

subdivision shall, within twenty (20) days after notice of such 

determination, file with the Supervisory Agency net price lists or 

price lists and discount sheets, containing fixed terms of payment, 

showing his prices and discounts and terms of payment, and such 

price lists and/ or discount sheets may be revised in the manner 

hereinabove provided. 

The Supervisory Agency shall have :power on its own initiative or 

on the complaint of any employer to Investigate any price for any 

product shown in any net price list or price list with discount sheet 

filed with the Supervisory Agency by any employer, and, for the 

purpose of the investigation thereof, to require such employer to 

furnish such information concerning the cost of manufacturing and 

selling such product as the Supervisory Agency shall deem necessary 

or proper for such purpose. If the Supervisory Agency after such 

investigation shall determine that such price is an unfair price for 

such product, having regard to the cost of manufacturing and selling 

such product, and that the maintenance of such unfair price may 

result in unfair competition in the industry and be contrary to the 

spirit of the National Industrial Recovery Act, the Supervisory 

Agency may require the employer that filed the list or discount sheet 

in which such unfair price is shown to file a new list or discount 

sheet showing a fair price for such product, which fair price shall 

become effective immediately upon the filing of such list or discount 

sheet. If such employer shall not within ten (10) days after notice 

to it of such determination by the Supervisory Agency file a new 

list or discount sheet showing such fair price for such product, the 

Supervisory Agency shall have power to fix a fair price for such 

product, which fair price, however, shall not be more than the price 

of any other employer at that time effective for such product, and in 

respect of which the Supervisory Agency shall not theretofore have 

begun an investigation or a complaint shall not have been made by 

any employer. When the decision of the Supervisory Agency fixing 

such fair price shall have been filed with the Secretary of Hydraulic 

Institute and the Secretary shall have given notice thereof to such 

employer such fair price shall be the price for such employer for 

such product until it shall have been changed as in this code provided. 
7 

No employer shall sell directly or indir~ctly by any means whatsoever, any product of the industry covered by the provisions of this 

Article at a price lower or at discounts greater or on more favorable 

terms of payment than those provided in his current net price lists 

or price lists and discount sheets. The operation of this Article XIII 

shall at all times be subject to review by the Administrator. 

ARTICLE XIV-DISTRIBUTORS RESALES 

No employer shall cooperate in the violation of this code by selling 

to or through any distributor who does not agree to resell only in 

accordance with the provisions of this code. This Article shall be in 

effect until the approval by the President of a code for such 

distributor. 

ARTICLE XV-EXPORT SALES 

The provisions of this code concerning sales shall not apply to 

direct export sales of any product, or to sales of any product destined 

ultim.ately for export, or to sales of parts used in the manufacture 

of products for export. The term" export" shall include shipments 

to foreign countries and to the territories and possessions of the 

United States. 

ARTICLE XVI-INDUSTRY GROUPS 

Aggregations of employers having a common interest and common problems will be grouped by Hydraulic Institute for administrative purposes in various subdivisions or product classifications and 

report of such grouping made to the Administrator. In each subdivision or product classification there will be a supervisory committee 

appointed by the Supervisory Agency and report thereof made to 

the Administrator. 

ARTICLE XVII-STATUS PRIOR TO EFFECTIVE DATE 

Prior to its approval by the President, applicant may at any time 

change or modify any provision of this code (except those provisions 

required by Sections 7 (a) and 10 (b) of the Act) , or may withdraw 

this code. The applicant will not be deemed to have consented to any change 

or modication of this code which may be affected by the President's 

order of approval, unless such change or modification is submitted 

to the applicant and consented to by the applicant. 

ARTICLE XVIII-RIGHTS OF PRESIDENT 

The President may from time to time cancel or modify any order, 

approval, license, rule, or regulation issued under Title I of the 

National Industrial Recovery Act. 

ARTICLE XIX-AMENDMENTS AND ADDITIONS 

Such of the provisions of this code as are not required ·by the N a-- tiona!' Industrial Recovery ACt to be included herein .may, with the' 
8 

II I II lllllli ~i ~llilli iII Iii\ illill II li ~lill\\iiill\11 Ill I I 

3 1262 08853 8581 

approval of the President of the United States, be modified or elimi- nated as changed circumstances or experience may indicate. This 

code is intended to be a basic code, and study of the trade practices 

of the pump-manufacturing industry will be continued by the Executive Committee of Hydraulic Institute with the intention of sub- mitting, from time to time, to the Administrator for approval 

additions to, or revisions of this code applicable to all employers in 

the pump-manufacturing industry and supplemental codes applicable 

to one or more branches or subdivisions or product classications of 

the pump-manufacturing industry, such supplemental codes, how- ever, to conform to and be consistent with the provisions of this code 

as now constituted or hereafter changed. 

ARTICLE XX-SEGREGATION OF INDUSTRY 

If any employer of labor in the pump-manufacturing industry is 

also an employer of labor in any other industry, the provisions of 

this code shall apply to and affect only that part of his business 

which is included in the pump-manufacturing industry. 

0