Approved Code No. 183-Amendment No 2 Registry No. 1328-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

HOUSEHOLD ICE 

REFRIGERATOR INDUSTRY 

AS APPROVED ON JANUARY 19, 1935 

WE DO OUR PART 

! IIIJ ~ • ,- - ---

, .S. uEPO~TO~Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1935 

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Approved Code No. 183-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOUSEHOLD ICE REFRIGERATOR INDUSTRY 

As Approved on January 19, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF F Am Col\IPETITION Fon THE 

HousEHOLD IcE REFRIGERATOR INn-csTRY 

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 fifteen amendments to a Code of Fair Competition for the Household I ce Refrigerator 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 Pre ident: 

· NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority ve ted 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 amend-ed to include ·an 

approval of said Code in its entirety as amended. 

NATIONAL I NDUSTRIAL RECOVERY BOARD 

By W. A. HARRIMAN, Adniinistrative Officer. 

Approval r ecommended : 

Kilbourne Johnston, 

Acting Division Adniinistrator. 

w ASHINGTON, D. c., 

J anuary 19, 1935. 

110314°-1465-101-35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on fifteen amendments to the approved Code 

of Fair Competition for the Hou ehold I ce Refrigerator Industry. 

The e amendment are ace ptable to the Code Authority for that 

Industry and to the variou Boards and Division , and opportunity 

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

The Actino- Assi tant Deputy dmini trator in hi final r port 

to us on aid amendm nt to said Code having found a her in set 

forth and on the ba is of all the proce ding in thi matt r we 

find that : 

(a) The amendment of aid Code and the Code as amend d are 

w 11 constitut d to promote the policie and purpo es of Title I 

of the National Indu trial R covery Act, including the removal of 

obstructions to the fre-e 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 purpose of cooperative action among the Trade Groups, by 

inducing and maintaining united action of labor and management 

under adequate Govermnent sanction and supervision, by eliminating unfair c01np-etitive practices, by promoting the fulle t p ible 

utilization of the present productive capacity of industrie , by 

avoiding undue re triction of production (except as ma b-e tern-_ 

porarily required) by in r a ing the con umption of indu trial and 

agricultural products through increasing purcha ing po er, b 

reducing and relievino- unemployment, and impro ing tandar of 

labor, and by otherwi e rehabilitating indu try. 

(b) The Code a am nded complies in all r pect with the pertinent pro ision of aid Title of aid ct, including without limitation subsection (a) of Section 3, sub ection (a) of e tion 7 and 

ubsection (b) of Section 10 thereof. 

(c) The ational Refrigerator fanufactur r ocia ion 

and is an indu trial a sociation truly repr entative of the afor aid 

Indu try and ai 1 a ociation irnpo ed and imp no in quit 

r triction on admi ·ion to m mber hip th r in and n nt t 

the e amendm nt . 

(cl) The am ndment and the 

to and will not permit m nopoli 

( ) Th an n lm rt and the 

to an will n t limina or ppr 

t 1i rimina te a o-ain t th m. 

Th n aao· l in ther t I f th 

n t n l ri, l f h rio-ht t b h arl pri 

, m rnlm nt . 1 r h r am n 1m nt . 

For ·h v r 

ffi 'l J' . 

(2 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE HOUSEHOLD ICE REFRIGERATOR INDUSTRY 

1. 

Amend Article III, Section 1, to read as follows: 

1. No employee shall be permitted to work in excess of forty 

hours in any one week or eight (8) hours in any twenty-four (24) 

hour period, except as otherwise provided in this Article III. 

2. 

Amend Article III, Section 1, by adding a new subsection ( c), as 

follows: 

( c) In order to provide for peak production periods, plant and 

factory employees may, during any eight (8) weeks in each calendar 

year, be permitt€d to work up to but not in excess of forty-eight ( 48) 

hours in any week and eight (8) hours in any day, provided, however, that such time worked in excess of forty (40) hours in any such 

week by such employees, shall be paid for at not less than one and 

one-half (11⁄2) times the normal rate of pay, and provided further 

that this tolerance shall not be used if the peak period requirements 

can be met by the employment of additional employees. All time 

worked beyond forty hours per week shall be reported to the Code 

Authority and to the Administration on request. 

3. 

Amend Article III by adding a new Section 3, as follows: 

(3) No employee shall be permitted to work more than six days 

in any week, except for such emergency work as is covered by Section 

2 of this Article. 

4. 

Amend Article V, Section 5, to read as follows : 

No provision in this Code shall supersede any State or Federal 

Law which imposes on employers more stringent requirements 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. 

5. 

Amend Article V, Section 6, to read as follows: 

(6) Employers shall not reclassify employees or duties of occupations performed by employees, or engage in any other subterfuge, so 

as to defeat the purposes or provisions of the Act or of this Code. 

(3) 
4 

6. 

Amend Article V by ad din rr a new Section 12, as follows: 

( 12) No employee hall be discharged, demoted or otherwise discriminated again t by r'-'ason of making a complaint or giving evidence with re ·pect to an alleged violation of thi Code. 

7. 

Amend Article VI, Section 3, to read as follows: 

Subject to such rules and regulations as may be issued by the 

National Industrial Recovery Board, the Code Authority shall have 

the following pow r and duties, in addition to those authorized by 

other provisions of this Code: 

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

provide for the compliance of the Industry with the provisions of 

the Act. 

(b) To adopt by-laws and rules and regulations for its procedure. 

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

and reports as are required for the adn1ini tra tion of the Code. 

( cl) To use such trade associations and other aaencies as it deem 

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

herein, provided that nothing herein shall relieve the Code Authority 

of it duties or re ponsibilities under this Code and that such trade 

associations an l aO'encies shall at all times be subject to and comply 

with the pro vi ions thereof. 

( e) To make r ecomn1endations to the National Industrial Recovery Board for the coordination of the administration of this Code 

and uch other Codes, if any, as may be relat d to or affect m mb rs 

of the Industry. 

(f) To provide appropriate facilities for arbitrati n betwe n 

members of the Indu try and subject to the approval of the ational 

Jndu trial Recovery Board, to pre cribe rule of procedure and rul 

to :ffect compliance with awards and determination . 

8. 

m nd Article VI, Section 10 by substitutino- the word ' prescribe " for the word " provide." 

9. 
5 

10. 

Amend Article VII, Section 15, by changing the third word of 

line five from "December" to "October", the Section to read as 

follows: 

15. Selling on other than standard terms-Standard terms shall 

require payment in cash within thirty (30) days from date of invoice. If desired, a discount of two percent (2 %) for cash within 

ten (10) days from date of invoice may be extended. On all shipments between October 1 and April 1 invoices may be dated April 1 

and such invoices may be subject to the cash discount if paid by 

April 10 and to anticipation discount of one half of one percent 

( 1⁄2 of 1 % ) per month if paid before that time, or for payment for 

an entire preceding month's invoices on or before the 10th of the 

following month. 

11. 

Amend Article VII by deleting Section 16 thereof, and by making 

the changes in the numbers of all following Sections necessitated 

by such deletion. 

12. 

Amend Article VII, Section 19, by adding the following: 

And in no case shall this provision be evaded or nullified by such 

devices as the appointment of a member or connection of ·a buying 

concern as salesman for a manufacturer so as to bring to the buyer 

the salesman's commission as well as the buyer's discount, thus giving such buyer an unfair advantage over other buyers of the same 

class. 

13. 

Amend Article VII, by adding a new Section 20 as follows: 

No provision of this Code relating to prices or terms of sellingi 

shipping or marketing, shall apply to export trade or sales or shipments to export trade. Export trade shall be defined as in the 

"Export Act" adopted April 10, 1918. 

14. 

Amend Article VIII, 8ection 1, to read as follows: 

1. (a) Each member of the Industry shall file with a confidential 

and disinterested agent of the Code Authority identifi ed lists of all of 

his prices, discounts, rebates, allowances, and all other terms or conditions of sale, hereinafter in this Article referred to as' price terms', 

which list shall completely and accurately conform to and represent 

the complete individual pricing practices of said member. Such lists 

shall contain the price terms for all such standard products of the 

Industry as are sold or offered for sale by said member and for such 

non-standard products of said member as shall be designated by the 

Code Authority. Price terms and revised price terms shall become 

effective immediately upon receipt thereof by said agent. Immediately upon receipt thereof, said agent shall by telegraph or other 

equally prompt means notify said member of the time of such receipt. 
UNIVER SITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII II IIII IIIII IIII IIII IIII I I 

6 3 1262 08853 8292 

Snch lists and revisions, tog ther with the effective time thereof, shall 

upon receipt be imme liutely and imultaneously distributed to all 

members of the Indu try and to all of their customers who have 

applied therefor and haYe offered to defray the co tactually incurred 

by the Code Authority in the preparation and di tribution thereof, 

and shall be available for insp ction by any of their customers at the 

office of such agent. Said lj ts or revisions or any part thereof shall 

not be made available to any per on until relea d to all members of 

the Industry and their custorn°r , a aforesaid. The Code Authority 

shall maintain a permanent file of all price terms filed as herein provided, and shall not de. troy any part of such records except upon 

written consent of the National Industrial Recovery Board. Upon 

request the Code Authority shall furni h to the National Indu trial 

Recovery Board, or any duly designated ao·ent of the ational Industrial Recovery Board, copie of any uch lists or revi ions of price 

terms. 

(b) When any member of the Indu try has filed any revision, such 

member shall not file a hjgher price within :forty-eight ( 48) hours. 

( c) No member of the Industry shall sell or offer to sell any products/ services of the Industry, for which price terms have been filed 

pur uant to the provisions of this Article, e:x.:ept in accordance with 

such price terms. 

(d) No member of the Industry shall enter jnto anv aITTeement 

understanding, combination or conspiracy to fix or maintain price 

terms, nor cause or attempt to cause any member of the Industry to 

change his price terms by use of intimidation, coercion, or any other 

influence inconsistent with the maintenance of the free and open 

market which it is the purpose of this Article to create. 

15. 

Amend Article IX, Section 2, to read as follows : 

ubject to such rules and regulations as may be i sued by the 

National Industrial Recovery Board, the o le Authorit hall ha, e 

the power and right to recommend to the ational Indu trial Recovery Board any action or mea ures de med al i able including 

further fair trade practice pro vi ions to go ern memb r of the 

Indu try in their relations with each other or with oth r indu tries; 

measure for indu trial plannino- and tabilization of emplo. ·m nt · 

and including modifications of thi ode whi h hall becom ff cti 

n part hereof upon approval b:y th ational Indu trial R cov r 

B ar l after such notice and hearing as it may pecify. 

Approved Code No. 183-Aroendrnent o. 2. 

R gistry No. 1328-1-01. 

0