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

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR TUE 

HOUSEHOLD ICE 

REFRIGERATOR INDUSTRY 

AS APPROVED ON DECEMBER 30, 1933 

BY 

PRESIDENT ROOSEVELT 

UNiV. OF FL UI. WE DO 

~tiJS _ OE~:·i j • 

.... ~ ----

U.S. OEFO-s,-rc~Y 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED ST.\ TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 ce nts 

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

Printing Office, Wa bington, 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, A.la.: 257 Federal Building. 

Boston, Mass. : 1801 Customhou e. 

Buffalo, ~- Y.: Charnb r of Commerce Buildino-. 

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

Chicago, Ill.: Snite 1706, 201 North Wells treet. 

Clev Jan l. Ohio: Chamber of Commerce. 

Dallas, Tex. : Chnrnb r of Commerce Building. 

Detroit, Iich.: 2213 First National Bank Building. 

Hou ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commer Building. 

Jack onville, Fla.: hnruber of Commerce Buildinb. 

Kausa City, Mo.: 1028 Baltimor AYenu . 

Lo, Ang !es, Calif.: 1163 South Droadway. 

Lou is, ille, r-y.: 40, ] edcral Build in . 

Memphis, Tenn.: 229 Federal Building. 

l\Iinneap li , i\Iinn.: ~13 F deral Iluildin . 1 w Orl ans, La. : Iloom 225-A, Cu tombou 

New York, .Y.: , .... 4 ustomhouse. 

'orf lk, Va.: 4.0G Ea. t Plum • treet. 

Phila(lelpbin, Pn.: . 3 C mmercial Tru t Ruildin(l'. 

Pitt, burgh P . : hamber of Commerc Building. 

Portland, Oreg. : 215 New Po t Oflic Building. 

t. Loui , l\lo.: uOG liYe 'tr t. 

an :H'ranci o, a lif.: 310 u tomb us 

Seattle, Wa h.: 09 Federal Building. 
Appr01Ved Code No. 183 

CODE OF FAIR COMPETITION 

FOR THE 

H·OUSEHOLD ICE REFRIGERATOR INDUSTRY 

As Approved on December 30, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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

compliance with the provisions of Title I of the National Industrial 

Recovery Act, ap1?roved June 16, 1933, for my approval of a Code 

of Fair Competit10n for the Household Ice Refrigerator 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.J 

and otherwise, do approve the report and recommendations and 

adopt the 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 WHITE HousE, 

December. 30, 1933. 

FRANKLIN D. ROOSEVELT. 

20545°-296-208-34 (473) 
The PRESIDENT, 

DE 'El\IBER 21, 1933. 

The lV hite House. 

Srn: This is a report on the Code of Fair 

Household Ice Refrigerator Industry in th nit d tates as revis d 

after a hearing conducted in Washington, D.C. ov n ber 14, 1933, 

in accordance with the provisions of the J ational Indu trial Recovery 

Act. · 

PROVISIONS OF THE CODE AS TO HOURS A D ~T AGE 

All employees, except those in an executive, su1 rvi ry, or professional capacity who receive more than thirty-fi e (35) dollars 

per week, shall be paid a minimum of thirty-five (35) c nt per 

hour, except in the States of l(entu ky and T nne e wh re the 

minimum wage shall be not less than thirty-one and one-half (311⁄2) 

cents per hour. 

No employee shall work over forty (40) hour in any on we k or 

more than eight (8) hours in any twenty-£ ur (24) hour period. 

Tolerance in hours is granted to wat ·hmen who will be p rmitte 

eighty-four (84) hours in any two we ks or forty-eio-ht ( 4 ) hour 

in any one week, as well as to emplo ee on merg nc maintenan e 

or emergency repair work. 

All employee shall be pail at the rate of tim ancl n half for 

hours in exc of th normal lail or w ekly maximum. 

The minimum wag of office mploye shall not b th n 

fifteen ( 15) dollars per week. 

o person under the age of ixteen ( 16) will b mpl · '.> l by the 

Indu try, and no p r on under eighte n (1 ) hall b mploy l in 

hazardous occupations. 

A minimum rate of pay is e tabli h d regardle · :f whe lPr an 

employee is on a timework or pi work or other ba i and it i 

al o I rovid d that no emplo3 hall be r la ifi d or uff r an 

reduction in hourly wages. 

E o.. MIC EFFE T OF THE CODE 

o- n rail. im1 r Ya · h thr , , h 11 n d r l 
475 

Under this code the thousand and eighty (1,080) men now employed will actually receive more than forty-seven ( 47) percent 

more than they did in 1933. Should there be a production of the 

above number of cabinets there will be an additional increase of 

employees in the Industry of some forty (40) percent. 

FINDINGS 

The Administrator finds that-

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Household Ice Refrigerator Industry; and that 

( c) The Code as recommended is not designed tojromote monopolies or to eliminate or oppress small enterprises an will not O;J?erate 

to discriminate against them and will tend to effectuate the pohcy of 

Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HUGH s. JOHNSON' 

Ad-rninistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

HOUSEHOLD ICE REFRIGERATOR INDUSTRY 

ARTICLE I-PURPOSES 

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

Fair Competition for the Household Ice Refrigerator Industry, and 

upon approval by the President shall be the standard of fair competition for such Industry, and shall be binding upon every member 

thereof. · 

ARTICLE II-DEFINITIONS 

. 1. The term " Indu try " as used herein includes the manufacturing, for sale, of ice refrigerator cabinets for household u e, as 

contrasted with commercial use. 

2. The term "Employee" as used herein, include anyone eno-ao-ed 

in the industry in any capacity receiving compen ation for his services, irre pective of the nature or method of paym nt of uch 

compen ation. 

3. The term" Employer" as used herein include anyone by h m 

any such employee is comp nsated or employed. 

4. The term ' l\Iember of the Indu try' in lu l anyone engaged 

in the industry as above defined, either a an employer or on hi own 

behalf. 

5. The term "A sociation ", as u ed herein i d fined to m an 

ational Refrigerator Manufacturers sociation. 

6. The term Code Authority", as u ed h rein, m ans the bo y 

on tituted under Article VI her of to ooperate ith the dmini - trator in the Admini tration of thi od . 7. The term ' Pr silent", "Act" and " dmini trator ' a 

herein shall m an, r pe tiv ly, th Pr id nt of th ni d 

the ational Indu trial R o ery Act, and th Admini tra r 

Title I of said ct. 

RTI LE III-H 

? mpl y hall b p rmitt t w 

,v k or io-ht ( ) 

l in 

wh 

f f rt ( 4 ) 

-f Ul' ( ... A:) 
477 

(b) Excepted also shall be watchmen, who shall not be permitted 

to work in excess of eighty-four (84) hours in any two weeks' period, 

or forty-eight (48) hours in any one week. 

2. The maximum hours fixed in the foregoing section shall not 

apply to employees on emergency maintenance or emergency repair 

work involving break-downs or protection of life or property. At 

least one and one half times the normal rate shall be paid for hours 

worked in excess of the maximum hours provided in Section I of 

this Article. 

AnncLE rv-·vv AaEs 

1. The minimum wage which shall be paid by any employer to any 

employee engaged in the processing of products of the industry or 

any labor incidental thereto, shall be thirty-five (35) cents per hour, 

except in the States of Kentucky and Tennes ee where the minimum 

wage shall be not less than thirty-one and one half cents (311⁄2) 

cents per hour. 

The minimum wage of office employees shall not be less than 

fifteen ($15.00) dollars for full time week. 

2. This article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time work or piece work, 

or other basis. 

3. There _shall be an equitable adjustment of all wages above minimum, and to that end, within fifteen (15) days from the approval 

of this Code, the Code Authority shall submit for the approval of 

the Administrator a proposal for adjustment in wages above the 

minimum. Upon approval by the Administrator, after such hearing as he may prescribe, such proposal shall become binding as a 

part of this Code, provided, however, that in no event shall hourly 

rates of pay be reduced. 

Within thirty (30) days after the effective date, each employer 

shall report to the Administrator through the Code Authority, all 

such readjustments made by him_ since June 18, 1933. Provided, 

however, that these rates shall be subject to disapproval by the 

Administrator if the adjustments made by the employer do not 

obtain uniformity of wage rates among the members of this industry. 

4. An employer shall make payment of all wages due only in 

lawful currency or by negotiable check, payable on demand. Wages 

shall be paid at least once every two weeks. These wages shall be 

exempt from any payments for pensions, insurance, or sick benefits 

other than those voluntarily paid by the wage earners. 5. The employer or his agents 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. 

6. No increases in the amount of production work shall be required 

of em12loyees for the purpose of avoiding the benefits to employees 

prescribed by this Code in respect to wages and hours of employment. All new requirements for production work shall be reported 

to the Code Authority. 
478 

ARTICLE V-GE ERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed in 

the Industry, nor anyone under eighteen (18) years of age at operations or occupation hazar lous in nature or detrimental to h alth. 

The Code Authority shall ubmit to the Administrator b fore 1\1arch 

1, 1934, a list of ·uch operations or occupations. In any State an 

employer shall be deemed to have compliecl with this provi ·ion if he 

shall have on file a certificate or permit duly issued by the authority 

in such State empowered to issue employment or age certifi ates or 

permits showing that the employee is of th r quired age. 

2. 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 ag"nts, in the designation of su h repre entatives or 

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

of collective bargaining or other mutual aid or protection. 

3. No employee and no one seeking employ,ment hall 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 

4. Employers shall comply with the maximum hours of labor, 

mini,mum rates of pay, and other conditions of employment 

approved or prescribed by the President. 

5. "\i\Tithin each State this Code shall not uper ede any laws of 

such State impo ing more stringent requirement on mployers r O'Ulating the age of employees, wages, hours o-f work, or health, fire, 

or general working conditions than under this ode. 

6. Employers shall not reclassify employees or dutie of occupation perform d by employ es so as to defeat the purpo es of the ct. 

7. Each employer shall post in conspicuous places full copi s of 

this Cod . 

8. No provisions in this Code shall up r d prov1 10n a to 

hours, wao- , and conditions of employm nt "\Yhi ·h ar tabli hed 

by labor ao-reements now in force where the ,vacre ar hio-h r or the 

hours of labor are shorter, or both, than are tho e et f rth in this 

Co le unle s the employees require the termination of uch contra t . 

9. An employer shall o administer work in hi char e a to pr -

vide a maximum pra ticable continuit of emplo, m n f r his 

personn 1. The Code Authority shall submit plan f r th a ppr al 

of th dmini trator on the reo-ularization f mpl ·m nt and 

stabilization f rnploy s in the indu try. Thi plan hall b uhmitt d b f re F bruary 1 1934. 

fr an 

r 1n thi 

10. o mployer hall knowingly mpl y an 

tim whi h, , h n t tall d with that of an th r 

indu try, x d the maximum hour h r in pr 

11. E, r mpl r hall pro id for th afet and h alth f hi 

empl~n.n~~ at th 1 la and urin(J' th h ur f th ir mr 1 ym nt. 

tan ur l f r saf t and h alth hall b u mitt d b th <l 

Auth rit} t th dmini tr tor within i~ ( ) m ntli after th 

eff ti" <lat f thi C 
479 

ARTICLE VI- ADMINISTRATION 

To further effectuate the policies 0£ the Act, a Code •Authority is 

hereby constituted to cooperate with the Administrator in the 

administration 0£ this Code. 1. Organization and constitution of Code uthority: 

(a) The Code Authority shall con ist of five individuals, or such 

other number as may be a pp roved from time to time by the Administrator, to be selected as hereinafter et forth. The Administrator, in 

his discretion, may appoint not more than three additional members 

( without vote) to represent the Administrator or such gToups or 

interests as may be agreed upon without expense to the Industry. These appointments to be made so that the terms will expire six (6) 

months apart, and such appointees ~hall be given notice of and may 

sit at all meeting 0£ the Code Authority. 

(b) The five individuals to be chosen by the Industry shall be 

elected at a meeting 0£ the entire industry, such meeting to be called 

by the National Refrigerator Manufacturers Association within five 

days after the approval 0£ this Code. Notice 0£ such meeting shall 

be sent to all known members of the indu try. All members of this 

industry shall be entitled to one vote, said vote to be cast in person or 

by proxy. l\!Iembers so elected shall serve for one year, at the end of 

which time there shall be another election conducted in the manner as 

above set forth. I£, however, in any case, by reasons of conditions 

peculiar to the Industry, selection by the Industry is impossible, it 

may be provided that appointment shall be by the President. Vacancies occurring during the year shall be filled by unanimous vote of the 

surviving members. 

2. Members 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 as enting to 

and complying with the requirements of this Code and sustaining 

their reasonable hare of the expenses 0£ its administration. The 

reasonable share of the expenses 0£ administration shall be determined by the Code Authority, subject to review by the Admini trator, on the basis 0£ volume of business and/ or such other £actors 

as may be deemed equitable to be taken into consideration. 

3. The Code Authority hall be charged with the supervision, 

administration and enforcement 0£ this Code and may adopt such 

rules and take such action and conduct such investigations as may 

be nece ary to effectuate this Code, and to that end may establish 

committees and prescribe such duties rules, and regulations as are 

deemed neces ary to carry out the purpo es of this Code. 

4. No member 0£ the Code Authority shall act in any matter in• 

volving a member of the Industry by whom he is employed or with 

whom he is associated or affiliated. 

5. In order that the President may be informed of the extent 

0£ observance 0£ the provisions 0£ this Code and of the extent to 

which the declared policy of the Act is being effectuated in the Industry, the Code Authority shall make uch reports as the Administrator may require, and each member shall make such reports to 

the Code Authority periodically, or as often as it may direct, on 

wages, hours 0£ labor, conditions of employment, number of em-
480 

ployees, production, shipments, sales, stocks, prices, and other matters pertinent to the purposes of this Code as the Code Authority 

may require. • 

6. Subject to the approval of the Administrator, any information submitted by a member to the Code Authority shall be subj ect 

to verification by an examination of the books and accounts and 

records of such member by any person ( not connected with the 

Industry) designated by the Code Authority, and shall be so verified 

~t the Code Authority shall require it. 7. The Code Authority shall appoint a Secretary and any and 

all information requested by the Code Authority shall be filed with 

the Secretary and deemed confidential and shall not be divulged 

to any member of the Industry except in summary, but shall be 

available to the Administrator upon r~quest. 

8. In addition to the information required to be ubmitted to the 

Code Authority as set forth in this Article, 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 Recovery Act. 

9. The Association shall (a) impose no inequitable restri tions on 

n1embership, and (b) 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 Admini trator may 

deem necessary to effectuate the purposes of the Act. 

10. In order that the Code Authority shall at all times be tr uly 

representative of the Industry and in other respects comply with the 

provisions of the Act, the Administrator may provide 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 prov~sions of the Act, may require an appropriate 

modification in the method of selection of the ode Authority. 

11. Any action of the Code Authority shall be ubj ct to re iew 

and disapproval by the Admini trator. 

12. It shall be the duty of the Code uthority to ad pt and prescribe through the channels of the Association minimum tandards 

of performance for each of several rades of ice r frio-erators. In 

the development of such tandard the said ociati n hall coop rate with the Sectional Committ e of th m ri an tandards o iation on Standards and Sp cifications for R fri · rat r . 

ARTICLE ' II-TRADE PRA TICES 

f m titi n 
481 

ment, or otherwise, whether concerning the grade, quality, quantity 

substance, character, nature, origin, size, finish, or preparation of 

any product of the industry, or the credit terms, values, policies, or 

otherwise, having the tendency or capacity ·to mislead or deceive 

customers or prospective customers. 

3. Oom1nercial Bribery.-No member of the industry shall give 

permit to be given, or directly offer to give, anything of value fot 

the purpose of influencing 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 o:f 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 o:f articles commonly used 

for advertising except so :far as such articles are actually used :for 

commercial bribery as hereinabove defined. 

4. I nterference with Contractual Relations.-Maliciously inducing 

or attempting to induce the breach o:f an existing oral or written contract between a competitor and his customer or source o:f supply, or 

interfering with or obstructing the performance o:f any such contractual duties or services. 

5. Secret R ebates.-The secret payment or allowance o:f rebates, 

refunds, commissions, credits, or unearned discounts, whether in 

the :form o:f money or otherwise, or the secret extension to certain 

purchasers o:f the same class special services or privileges not extended to all purchasers on like terms and conditions. 

6. Giving of Prizes, Premiums, or Gifts.-The offering or giving 

of prizes, premiums, or gifts in connection with the sale of products 

or as an inducement thereto, either directly or indirectly, or by any 

scheme which involves lottery, misrepresentation, or fraud. 

7. Defa1nation.-The defamation of competitors by :falsely imputing to them dishonorable conduct, inability to perform contracts, 

questionable credit standing, or by other false representations or by 

the false disparagement of the grade or quality of their goods. 

8. Threats of Litigation.-The publishing or circularizing of 

threats or suits for infringement of patents or trade marks or of 

any other legal proceedings not in good :faith with the tendency or 

effect of harassing competitors or intimidating their customers. 

9. Espionage of Oompetitors.-Securing confidential infonnation 

concerning the business of a competitor by a false or misleading 

statement or representation, by a false impersonation of one in 

authority, by bribery, or by any other unfair method. 

10. Piracy of Trade llf a'rks and Trade N anies.-The imitation of 

a trade mark, trade name, slogan, or the other marks of identification of a competitor, having the tendency and capacity to mislead 

or deceive. 

11. Other Unfair Practices.-N othing in this Code shall limit the 

effect of any adjudication by the Courts or holding by the Federal 

Trade Commission on complaint, finding, and order, that any practice or method is unfair, providing that such adjudication or holding 

is not inconsistent with any provision of the Act or of this Code. 

12. Selling below cost, except as provided in Article VIII, 

Section 2. 
482 

"Cost" shall be the sum of direct material, plus direct labor, plus 

manufacturing burden. 

Manufacturing burden shall include: 

(a) Heat, light, power. 

(b) Repairs on machinery and equipment, buildings and fixtures, 

power plants, trucks, furniture, and fixtures. 

( c) Salaries of foremen, superintendents, receiving clerks, janitors, 

elevator operators, night watchmen, and other nonproductive 

workers. 

( d) Supplies and sundries. 

( e) Casualty insurance or compensation to injured workmen. It 

shall not include depreciation, taxes, insurance other than casualty, 

interest on investments, interest or charges on funded or other debts, 

reserves of any nature unless the Code Authority, with the approval 

of the Administrator, finds it necessary to include these or any other 

items in order to determine the full cost. 

13. Selling their ~roduct on a basis other than F.O.B. their 

factory except as specified in Section 14 of this Article. 

14. Sellin~ from warehouse stocks at prices less than those incorporated in Article VIII of this Code plus full transportation costs 

from factory to such warehouse. 

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 (2% ) percent for ca h within 

ten (10) days from date of invoice may be extended. In all shipments between December 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 or 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. 

16. Guarantee prices against future advance or decline. 

17. Consign goods except under such formal contract forms as 

may be approved by the Code Authority. 

18. Each manufacturer shall tag or brand each ice box showing 

usable storage space ( stated in cubic feet), and the ic a pacity 

stated in pounds. . 19. There shall be no discrimination in price betwe n bu rs of 

the same class, ior products of the same grade quantity, and quality. 

ARTICLE VIII-FILI ~G OF PRICE LISTS, Dis ' T HEET ' ETC. 
483 

lists, discount sheets price sheets, or price quotations shall become 

effective. 

2. Obsolete and surplu · tocks, designated a " clo, eouts " or " obsolete models ", which mu t be converted into cash, may be sold at 

such prices and at such times as are necessary to move such merchandi e, provided all such stocks are first reported to the office o-f 

the Code Authority and di posed of subject to the approval of said 

Code Authority. 

ARTICLE IX-1\tiomFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of Title I of the National 

I ndustrial 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 0£ 

the President to cancel or modify 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 Administrator for 

approval and such notice and hearing as he shall specify. 

ARTICLE X-l\1oNOPOLIE , ETc. 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-EFFECTIVE DA TE 

This Code shall become effective on the tenth day after its approval by the President. 

Approved Code No. 183. 

Registry No. 1328-1-01. 

0 


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