Approved Code No. 131 Registry No. 1128-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PIPE NIPPLE 

MANUFACTURING INDUSTRY 

AS APPROVED ON NOVEMBER 27, 1933 

BY 

PRESIDENT ROOSEVELT 

I .., 

" ----

. DEPOfflTCP.Y 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superin tendent of Documen ts, Was hington , D.C. - - -

( 

v 

( 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla. : Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

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New York, N.Y.: 734 Customhouse. 

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Philadelphia, Pa.: 933 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Co.mmerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
Approved Code No. 131 

CODE OF FAIR COMPETITION 

FOR THE 

PIPE NIPPLE MANUFACTURING INDUSTRY 

As Approved on November 27, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

CoDE OF F AIR Co:MPETITION FOR THE PIPE NIPPLE MANUFACTURING 

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 my approval of a Code 

of Fair Competitien for the Pipe Nipple :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: 

NO\V. THEREFORE, I, Franklin D. Roosevelt, President of the 

United State , pur uant 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 it is hereby approved. 

Approval recommended: 

HUGH S. JOHNSON, 

Administrator. 

THE \VHITE Ho s E, 

N ove1nber 27, 1933. 

FRANKLIN D. ROOSEVELT. 

(379) 

23780°----244-99----33 
NoVEMBER 16, 1933. 

THE PRESIDENT, 

The White House. 

SIR: 1. This is a report on the Code of Fair Competition for the 

Pipe Nipple Manufacturing Industry in the United States as revised 

after the hearing conducted in Washington on September 26, 1933, 

and reconvened on November 14, 1933, in accordance with the provisio~s of the National Industrial Recovery Act. 

PROVISioNs OF THE CoDE As TO HoURs, WAGEs, AND GENERAL 

LABOR PROVISIONS 

ARTICLE III-HoURs 

2. This Article provides that no employee shall be permitted to 

work in excess of thirty-five (35) hours in any seven (7) day period 

or eight (8) hours in any twenty-four (24) hour penod, beginning 

at midnight, except that such hourly and daily limitations do not 

apply to employees engaged in a managerial or executive capacity 

who earn not less than thirty-five dollars ($35.00) per week, or to 

travelling salesmen or to employees engaged in emergency maintenance or emergency repair work. Further, an exception is made 

providing that no person employed in clerical or office work shall 

be permitted to work in excess of forty ( 40) hours in any seven (7) 

day period or nine (9) hours in any twenty-four (24) hour period. 

ARTICLE IV-WAGES 

3. This Article establishes a minimum rate of pay at the rate of 

forty ($0.40) cents per hour, except that persons employed in clerical 

or office work shall be paid not less than fourteen dollars ($14.00) 

per week. This Article also establishes a minimum rate of pay 

Irrespective of whether the employee is actually compensated on a 

time-rate, piecework, or other basis. Further, female employees 

performing substantially the same work as male employees shall 

receive the same rate of pay as male employees. 

This Article also provides for an equitable adjustment of all wages 

in excess of the minimum. Further, this Article also provides that 

the Code Authority shall present to the Administrator for approval 

within thirty (30) days after the effective date of this Code and 

after notice and hearing, recommendations as to upward adjustments 

in wage rates for specified occupations by localities in order to 

effectuate the purposes of the Act. 

Overtime pay for all work in excess of the normal number of 

hours per day or the normal number of hours per week, but not to 

exceed six (6) hours in any seven (7) day period, except in cases 

of emergency maintenance or emergency repair work involving 

breakdowns or the protection of life or property, at the rate of one 

and one half (11j2 ) times the normal rate of pay, is provided for all 

employees with the exception of those employees who earn more 

than thirty-five ($35.00) dollars per week. 

(380) 
381 

ARTICLE V - GENERAL LABOR PROVISIONS 

4. This Article provides that no person under sixteen (16) years 

of age shall be employed in the industry and no person under the 

age of eighteen (18) years shall be employed in operations or occupations which are hazardous in nature or dangerous to health, and 

that the Code Authority must submit to the Administrator within 

sixty ( 60) days after the effective date of this Code a list of such 

operations or occupations. 

This Article embodies subparagraph (a) of Section 7 of Title I 

of theN ational Industrial Recovery Act. 

This Article further provides that employers shall not reclas ify 

employees or duties of occupations performed or engage in any other 

subterfuge for the purpose of defeating the purposes or provisions 

of the Act or of this Code. 

This Article further provides that every employer shall provide for 

the safety and health of his employees at the place and during the 

hours of their employment. 

This Article further provides that all employers shall post complete copies of this Code in conspicuous places accessible to employees. 

ECONOl\1IC EFFECT OF THE CODE 

5. The members of this industry manufacture pipe nipples for 

heating, ventilating, plumbing, and other equipment made from 

wrought steel (including copper-bearing steel), genuine wrought 

iron, brass, and copper pipe. These products are largely consumed 

in the construction, alteration, and repair of buildings and similar 

structures. 

In view of the fact that data regarding man-hour production 

and wages existing in this industry in the past are rather meager, 

it is difficult to forecast the economic effect of this code. However, the minimum rate of pay of forty ($0.40) cents per hour established 

by this code should materially increase the purchasing power of the 

employees of this industry. 

FINDINGS 

The Administrat r finds that: 

(a) The code as recommended compLes in all respects with the 

man latory pro-visions of Title I of the Act, including, without 

limitation, ub ection (a) of Section 7 and sub ection (b) of Section 

10 thereof, and that 

(b) The applicant group imposes no inequitable restrictions on 

a lmission to membership therein and is truly representative of the 

Pipe Nipple :Manufacturing Industry; and that 

(c) The Code as recommended is not designed to promote monopolie or to eliminate or oppress small enterprises and will not operate 

to eli criminate again t them and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this code be adopted. 

Respectfully, 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

PIPE NIPPLE MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery 

Act, this Code is submitted as a Code of Fair Competition for the 

Pipe Nipple Manufacturing Industry, and upon approval by the 

President, its provisions shall be the standards of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Pipe Nipple Manufacturing Industry" or 

" Industry " as used herein means the manufacturing (for sale) o:f 

pipe nipples. 

SEc. 2. The term "pipe nipple" or "product" as used herein 

means and includes a mechanical fitting used in connection with 

heating, ventilating, J?lumbing, and other equipment made from 

wrought steel (including copper bearing steel) , genuine wrought 

iron, brass and copper pipe of various diameters up to and including 

twelve (12) inches and of various lengths up to and including 

twenty-four (24) inches in length and threaded on both ends or 

otherwise threaded or cut to the specifications of the purchaser. 

SEc. 3. The term" member of the industry" includes, but without 

limitation any individual, partnership, as ociation, corporation, or 

other form of enterprise engaged in the industry, either as an 

employer or on his or its own behalf. 

SEc. 4. The term "employee" as used herein includes any and 

all per ons engaged in the industry, however compensated, except 

a member of the indu try. 

SEc. 5. The term ' trade" as used herein means all channels of 

distribution for the products of this industry. 

SEc. 6. The term "Association " as used herein means " The N ational Association of Pipe Nipple Manufacturers, Inc." 

SEc. 7. The term " Board of Directors " as used herein means the 

Board of Directors of the Association. 

SEc. 8. The terms "Act" and "Administrator" as used herein 

mean, respectively, Title I of the National Industrial Recovery 

Act, and the Administrator for Industrial Recovery. 

SEc. 9. Population for the purposes of this Code shall be determined by reference to the latest Federal Census. 

ARTICLE III-HouRs 

SECTION 1. il! aanmum lwurs.-N 0 employee hall be permitted to 

work in excess of thirty-five (35) hours in any one week (seven (7) 

(382) 
383 

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

beginning at midnight, except as herein otherwise provided. A 

normal work day (twenty-four (24) hour period) shall not exceed 

eight (8) hours, and a normal work week (seven (7) day period) 

shall not exceed thirty-five (35) hours. 

SEc. 2. Hours for Clerical and Office Employees.-No person employed in clerical or office work shall be permitted to work in excess 

of forty ( 40) hours in any one week (seven (7) day period) or nine 

(9) hours in any twenty-four (24) hour period. A normal work 

day (twenty-four (24) hour period) shall not exceed nine (9) hours, 

and a normal work week (seven (7) day period) shall not exceed 

forty ( 40) hours. 

SEc. 3. E xoeptions as to H ours.-The provisions of this Article 

shall not apply to travelling salesmen, or to persons employed in a 

managerial or executive capacity who earn not less than thirty-five 

dollars ($35.00) per week, or to employees engaged in emergency 

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

provisions respecting a normal work day and a normal work week, 

as provided in Section 1 of this Article, shall apply to a.ll employees 

in emergency maintenance or emergency repair work 

SEc. 4. Employm,ent by Several Em,ployers.-N o employer shall 

knowingly permit any employee to work for any time whiCh when 

totaled with that already performed with another employer, or employers, in this industry exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. 11/inimum vV {J)ge .-N 0 employee shall be paid in any pay 

period less than at the rate of forty cents ($0.40) per hour, except 

as herein otherwise provided. 

SEc. 2. llfinimJuJJn lVage for Clerical and Office Ernployees.-N o 

person emplbyed in clerical or office work shall be paid in any pay 

period less than at the rate of fourteen dollars ($14.00) per week. 

SEc. 3. Piece1 .oork Oompensation-llfinimum 1¥ ages.-This A·rticle 

establishes a minimum rate of pay which shall apply irrespective of 

whether an employee is actually compensated on a time-rate, piecework, or other basis. 

SEc. 4. Minimurm vVaqe Rates for Specified Occupations.-vVithin 

thirty '(30) days after the approval of this Code, the Code Authority 

shall pre ent for approval to the Administrator, after notice and 

hearing, recommendations as to upward adjustments in wages for 

specified occupations by localities, in order to effectuate the purposes 

of the Act. 

SEc. 5. lVages Above fl/inimwm.-Employers shall not reduce the 

rates of wages for employees whose rates are now in excess of the 

minimum rate of wages he-rein provided (notwithstanding that the 

number of hours worked in such employment may be hereby decreased), and where in any case an employer has not increased the 

rates of wages for such employees prior to the effective date of this 

Code by an equitable readjustment of all such wage rates, such employer shall readjust all such wage rates. This provision shall be 

interpreted in the same manner that paragraph 7 of the President's 

Reemployment Agreement has been interpreted by the Administrator 

in Interpretations Nos. 1 and 20. 
384 

SEc. 6. Female E1nployees.-Female employees performing substantially the same work as male employees shall receive the same 

rate of pay as male employees. · SEc. 7. Handicapped Persons.-A person whose earning capacity 

is limit.ed because of age or physical or mental handicap may be 

employed on light work at a. wage below the minimum established 

by th1s 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. Each employer shall file with the 

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

SEc. 8. Ev(J)Sion Through R eemployment.-N o employee now employed at a rate in excess of the minimum shall be discharged and 

reemployed at a lower rate for the purpose of evading the provisions 

of this Code. SEc. 9. Overti11W.-All employees who work more than the normal 

number of hours per day in any twenty-four (24) hours, or more 

than the normal number of hours per week in any seven (7). days, 

provided in this Code, shall be paid not less than one and one half 

(1%) times their normal rate of pay for said excess. Such overtime 

shall not exceed six ( 6) hours in any one week, except in cases o£ 

emergency maintenance or emergency repair work involving breakdowns or protection of life or property, provided that all such cases 

of emergency work shall be reported to the Code Authority. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SEcTION 1. Child L abor Provision.-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 Administrator within sixty (60) 

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 issued by the Agency in such State empowered to 

issue employment or age certificates or permits showing that the 

employee is of the required age. 

SEc. 2. Provisions frorrn the Act.-ln compliance with Section 

7 (a) of the Act, it is provided: 

(a) That employees shall have the right to organize and bargain 

collectively, through representatives of their own choosing, and shall 

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

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

or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

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

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing, and 

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

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

approved or prescribed by the President. 
385 

SEc. 3. Reclassification of Employees.-N o employer shall reclassify employees or duties o:f occupations performed for the pur· 

pose o:f defeating the provisions of the Act or of this Code. 

SEc. 4. Standards for Safety and Health.-Every employer shall 

provide :for the safety and health of his employees at the place and 

during the hours of their employment. Standards for safety and 

health shall be submitted by the Code Authority to the Administrator within six (6) months after the effective date of this Code. 

SEc. -5. State Lmos.-N o provisions in this Code shall supersede 

any State or Federal law which imposes more stringent requirements 

on employers as to age of employees, wages, hours of work, or as to 

safety, health, sanitary, or general working conditions, or-insurance, 

or fire protection, than are imposed by this Code. 

SEc. 6. Posting.-All employers shall post complete copies of this 

Code in conspicuous places accessible to employees. 

ARTICLE VI-ORGANIZATION, PowERS AND DuTIEs OF THE CoDE 

AuTHORITY 

SEcT.roN 1. Organization and 0 onstitution.-A Code Authority is 

hereby constituted to cooperate with the Administrator in the admi:oistration of this Code. 

SEc. 2. The Code Authority shall consist of seven (7) members 

o:f the industry to be selected as follows: 

Members of the industry shall elect the industry members of the 

Code Authority by a majority vote of the members of the industry, 

provided, however, that five ( 5) of such members o:f the Code 

Authority shall be members o:f the Association and two (2) of such 

:rp.embers o:f the Code Authority shall be elected from nonmembers o:f 

the Association, if any, eligible to such representation as provided in 

Section 8 o:f this Article. . SEc. 3. The Association is hereby designated as the agency to conduct an election o:f the members o:f the Code Authority within twenty 

(20) days after the effective date o:f this Code, and any other elections 

o:f members o:f the Code Authority which may thereafter be held. 

Members of the Code Authority shall be elected to serve :for a term 

of one ( 1) year or until their successors are elected at the next annual 

meeting o:f the industry. In the event of any vacancy in the membership of the Code Authority, a special meeting of the members 

o:f the industry for an election to fill the incomplete terms of such 

members shall be called. Notice o:f time and place of each election 

shall be sent by registered mail to all members o:f the industry at 

least ten days in advance of such election, and voting at such election 

may be by person, by proxy, or by letter ballot. Each member of the 

industry shall have one (1) vote. 

SEC. 4. In addition to membership as above provided, there may 

be three (3) members, without vote, to be appointed by the Administrator, to serve :for terms o:f :from six months to one year, so arranged 

that the terms do not expire at the same time. 

SEc. 5. The representatives who may be appointed by the Administrator, together with the Administrator, shall be given notice o:f and 

may sit at all meetings of the Code Authority. 

SEc. 6. Each trade or industrial association directly or indirectly 

participating in the selection or activities o:f the Code Authority shall 
386 

(1) impose no inequitable restriction on membership, and (2) submit 

to the Administrator true copies of its articles of associations, byJaws, regulations, and any amendments when made thereto, together 

with such other information as to member hip, organization, and 

activities as the Administrator may deem neces ary to effectuate the 

purpo es of the Act. 

SEc. 7. In order that the Code Authority shall at all times be truly 

representative of the industry and in other respect 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 i not truly repre entative or does not in other re pects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

SEc. 8. 1\1embers of the industry shall be entitled to 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 sustaining their reasonable share of the expenses of its administration. 

Such reasonable share of the expenses of administration shall be 

determined by the Code Authority, subject to review by the Administrator, on the basis of Yolume of business andj or such other factors 

as may be deemed equitable. . SEc. 9. Nothing contained in this Code shall constitute the members of the Code Authority partners for any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone 

for any act of any other member, offi.:: er, agent, or employee of the 

Code Authority. Nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own willful misfeasance or nonfeasance. 

SEc. 10.-Po~o e'l'S and duties.-The Code Authority sha ll have the 

following further powers and duties, the exercise of which shall be 

reported to the Administrator and shall be subj ect to his right, on 

review, to disappro-ve or modify any action taken by the Code 

Authority. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of 

the Act. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the indu try such information 

and reports as are required for the administration of the Code and to 

provide for submi sion by members of such information and reports 

as the Administrator may deem necessary for the purposes recited 

in Section 3 (a) of the Act, which information and reports shall be 

submitted by members to such administrative and/ or government 

agencies as the Admini trator may designate; provided that nothing 

in this Code shall relieve any n1.ember of the industry of any existing 

obligations to furnish reports to any government agency. No individual reports shall be disclosed to any other member of the indus- try or any other party except to such governmental agencies as may 

be directed by the Administrator. 
387 

(d) To use such t;rade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that such 

trade associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the industry. 

(f) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintainino· the 

Code Authority and its activities. o 

(g) To cooperatB with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the industry who 

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

(h) To recommend 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. 

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

SECTION 1. Within ten (10) days after the effective date of this 

Code each member of the industry shall publish his list prices and 

maximum discounts applying thereto, terms, and conditions of sale 

on all products of his trade, each class of trade being furnished with 

list prices and maximum discounts applying thereto, terms, and conditions of sale affecting each such class of trade to which such list 

prices and maximum discounts applying thereto, 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 list prices and maximum discounts 

applying thereto, terms, and conditions of sale. 

SEc. 2. In the event of any change by any member of the industry 

in any list price and maximum discounts applying thereto, terms, or 

conditions of sale, he shall file full and complete copies of every 

such change with the Code Authority within such periods as may 

have been designated by the Code Authority but not exceeding five 

days in advance of the effective date of any such change. Copies 

thereof shall be imm.ediately distributed by the Code Authority to 

the members of the industry. On the effective date of any such 

change, the industry member shall publish the same to the trade 

concerned and coincidentally file such information with the Code 

Authority for immediate distribution by the Code Authority to the 

members of the industry. 

SEc. 3. 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 

list prices and maximum discounts applying thereto, 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 list prices and maximum discounts 
388 

applying thereto, terms, and conditions of sale, from time to time as 

herein provided. 

SEc. 4. No member of the Industry shall protect a purchaser on 

prior prices or discount lists after new prices or discount lists shall 

have been effective, unless such purchaser shall have first entered 

into a binding contract for a determinable quantity of the _products 

of the industry, or for a specified and identified project. Copies of 

all original contracts for specific and identified projects and of all 

orders unfilled for more than thirty (30) days after entering into of 

any contract for immediate delivery, shall be at once filed with the 

Code Authority. Such contracts and orders shall be kept confidential by the Code Authority. 

ARTICLE VIII-TRADE PRACTICE RULES ' 

Gene1·al Definition.-For all purposes of the Code the acts described 

in this Article shall constitute unfair practices. Any member of the 

industry who shall directly or indirectly, through any officer, em- ployee, agent, or representative, knowingly use, employ, or permit 

to be employed any of such unfair practices shall be guilty of a 

violation of the Code. 

Rule 1. Inaccurate Advertising.-No member of the industry shall 

use or publish advertising (whether printed, radio, display, or of any 

other nature) or other representation which is inaccurate in any 

material parti::: ular or in any way misrepresent any commodity (including its use, trade mark, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material content, or preparation) 

or credit terms, values, policies, services, or the nature or form of the 

bu iness conducted. 

Rule 13. "Bait" Advertising.-N o member of the industry shall use 

advertising or selling methods or credit terms which have the capacity or tendency to deceive or mislead the cnstomer or prospective 

customer. 

Rule 3. False Billing.-No member of the industry shall withhold 

from or insert in any quotation or invoice any statement that makes 

it inaccurate in any material particular. 

Rule 4. Inaccurate Labelling.-No member of the industry shall 

brand or mark or pack any commodity in any manner which tends 

to deceive or mislead purchasers with respect to the brand, grade, 

quality, quantity, origin, size, material content, or preparation of 

such commodity. 

Rule 5. Inaccurate R ef erences to Oo1r~p titon, etc.-No member 

of the industry shall u e advertising or other repre entation which 

refers inaccurately in any material particular to any competitors or 

their commodities, prices, values, credit terms, policies, or services. 

Rule 6. Selling Below Oost.-No member of the industry shall 

sell below his cost except to meet the quoted price of lower cost 

producers. 

Pursuant to the provisions of Article VI, the Code Authority shall 

formulate or cause to be fonnulated standard methods or systems of 

cost accounting for use in this industry, which methods or systems 

shall be adaptable to the cost accounting procedure of and to the 

business of this industry. Such methods or systems shall specify the 
389 

factors that shall determine the cost for each member of the industry 

pursuant to the provisions o£ this section. Upon approval o£ such 

methods or systems by the Administrator, the Code Authority shall 

furnish to each member o£ the industry complete details o£ such 

methods or systems. Thereafter, in rletermining its costs, each member o£ the industry shall use a cost accounting sytsem which shall be 

at least as complete and detailed as the cost accounting method or 

system recommended by the Code Authority and approved by the 

Administrator. 

Rule 7. Threats of Lawsuits.-No member o£ the industry shall 

publish or circularize unjustified or unwarranted threats o£ legal 

proceedings which tend to or have the effect o£ harassing competitors 

or intimidating their customers. 

Rule 8. Secret or Discriminatory Rebates.-N o member o£ the 

industry shall offer or make any secret or discriminatory payment or 

allowance o£ a rebate, refund, commission, credit, unearned dis- count, or excess allowance, whether in the form o£ money or otherwise, nor shall a member extend to any customer any secret or discriminatory service or privilege not extended to all customers o£ the 

same class. 

Rule 9. Selling on Oonsignment.-No member o£ the industry shall 

ship goods on consignment, except under circumstances to be defined 

by the Code Authority subject to review and disapproval by the 

Administrator. 

Rule 10. Offering Rewards or Gratuities to Employees.-No member o£ the industry shall give, permit to be given, or offer to give 

anything o£ value £or the purpose o£ influencing or rewarding the 

action o£ any employee, agent, or representative o£ another in relation to the business o£ the employer o£ such employee or the principal o£ such agent; provided, however2 that nothing herein shall prohibit the free and general distributiOn o£ articles used solely for 

advertising. 

Rule 11. Interference with Another's Oontracts.-No member of 

the industry shall induce or attempt to induce the breach o£ an 

existing contract between a competitor and his employee or customer 

or source o£ supply ; nor shall any such member interfere with or 

obstruct the performance o£ such contractual duties or services. 

Rule 12. Repudiating One's Own Oorntracts.- No member o£ the 

industry shall repudiate a contract entered into in good faith when 

the purpose o£ such repudiation is to create for such member an 

unfair price advantage. 

Rule 13. 0 oercion.- N o member o£ the industry shall require that 

the purchase or lease o£ any commodity be a prerequisite to the purchase or lease o£ any other commodity. 

Rule 14. No member o£ the industry shall sell or offer to sell any 

product o£ the industry by any false means or device which has the 

tendency and capacity to mislead or deceive customers or prospective 

customers as to quantity, quality, substance, or size o£ such product 

and the tendency to injuriously affect the business o£ competitors. 

Rule 15. No member o£ the industry shall sell pipe nipples made 

£rom imperfect, rejected, or reclaimed pipe unless all containers in 

which such pipe nipples are sold are clearly marked indicating the 
390 

grade of such pipe, and if any pipe nipples of such pipe are sold 

otherwise than in containers, each pipe nipple of such grade of pipe 

shall be clearly marked indicating the grade of such pipe. 

All quotations, invoices, and other communications in respect to 

pipe nipples of such grade of pipe shall clearly state the grade of 

such pipe. 

This provision shall not apply to pipe nipples of such grades of 

pipe made prior to the effective elate of this Code, but each member 

of the industry shall furnish the Code Authority within thirty (30) 

days after the effective date of this Code a complete report of all 

such pipe nipples on hand as of the date of such report. 

Rule 16. No member of the Industry shall represent any product 

of the industry as complying with the commercial standards for 

pipe nipples promulgated from time to time by the Bureau of Standards of the United States Department of Commerce, unless such 

pipe nipples are manufactured in accordance with such standards. 

ARTICLE IX-REGISTR.A TION OF MEMBERS OF THE INDUSTRY 

Each member of the industry shall within thirty (30) clays of the 

effective date of this Code register with the Code Authority. All 

members of the industry who may engage in the industry thereafter 

shall likewise register with the Code Authority. Registration of a 

member of the industry shall include the full name and mailing 

address of the member. The time limit for the registration by any 

member of the industry may be extended whenever, in the opinion 

of the administrator, the time limit as provided herein might cause 

an injustice to any member of the industry. 

ARTICLE X-1\iomriCATION 

1. This Code and all the provi ions thereof. are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National 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, but without limitation, to the right of the 

Pre ident to cancel or modifiy his approval of this Code or any 

conditions imposed by him upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may 

be modified on the basis of experience or changes in circumstances, 

such modification to be based upon application to the Aru11inistrator 

and such notice and hearing as he shall specify, and to become 

effective on approval of the President. 

ARTICLE XI-1\ioKoPOLIEs 

No provision of this Code shall be so applied as to permit monopolie or monopoli tic practices, or to eliminate, oppress, or discriminate 

again t small enterprises. 
391 

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should 

be delayed. But when made, such increases should, so far as possible, 

be limited to actual additional increases in the seller's costs. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become· effective on the second Monday after its 

approval by the President. 

Approved Code No. 131. 

Registry No. 1128-02. 

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UNIVER S ITY OF F LO RIDA 

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