Registry No. 1326-:01 

NATIONAL RECOVERY ADMINISTRATION 

C·ODE OF FAIR CO·MPETITION 

FOR THE 

GASOLINE PUMP 

MANUFACTURING INDUSTRY 

AS APPROVED ON SEPTEMBER 18, 1933 

BY 

PRESIDENT ROOSEVELT 

~ -. ... - 1 -- J A r ---- ---------------1 U.S. DEPOS-IT-O iY 

1. Executive Order of President Roosevelt 

2. Report of Administrator 

3. Report of Deputy Administrator 

4. Text of Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For ~~ale by the Superintendent of Documents, Washineton, D.C. • • • • • • • • Price 5 cents 

EXECUTIVE ORDER 

CoDE OF FAIR Cm-'IPETITION FOR GAsoLINE Pu:M:P 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 Competition for the Gasoline 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, subject ·to the following conditions : 

( 1) To effectuate further the policies of the act, a gasoline pump 

manufacturing industry committee be created to cooperate with the 

Administrator as a Planning and Fair Practice Agency for the Gasoline Pump Manufacturing Industry, which committee shall consist 

of five representatives of the gasoline pump manufacturing industry 

elected by a fair method of selection, to be approved by the Administrator, and three members without vote appointed by the 

Administrator. 

FRANKLIN D. ROOSEVELT, 

President. 

Approval recommended: 

HuGH S. JoHNsoN, 

Admifnistrator. 

The WHITE HousE, 

September 18, 1933. 

(III) 
SEPTEMBER 8, 1933. 

The PRESIDENT, 

The White House. 

MY DEAR MR. PRESIDENT: This is a report of the hearing on the 

Code of Fair Competition for the Gasoline Pump Manufacturing 

Industry in the United States, conducted in Washington on August 

24th, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

The following exhibits are included and attached: 

(1) Final Code submitted 

( 2 Notice of Hearing 

!

3 Statement of Procedure 

4 Statistical Analysis by Research and Planning Division 

5 Transcript of the Records 

6 List of vVitnesses. 

PRoVIsioNs oF THIS ConE As TO WAGEs AND HoURs 

II. MINIMUM WAGES 

On and after the effective date the minimum wage that shall 

be paid ·by any employer in the Gasoline Pump Manufacturing Industry to any employee, regardless of whether the employee is compensated on the basis of a time rate, piecework performance, or 

otherwise, shall be at the rate of forty cents ( 40¢) per hour fo[' 

forty ( 40) hours of labor: Provided, however, that where a State 

law fixes a higher minimum wage than that herein set forth, then 

and in such case, no employee shall receive a lower wage than that 

fixed by such State law. 

III. HOURS OF LABOR 

The maximum hours of labor per man per week shall be forty 

hours. 

EcoNOMIC EFFECT OF THE ConE 

The Gasoline Pump Manufacturing Industry is one of the smaller 

industries in the United States with only about 3,000 employees. 

The minimum wage now paid is 30¢ per hour. The provisions 

of the Code will raise the wage to 40¢ per hour, resulting in an 

increase in the pay roll of approximately 20 percent. 

The Code has no provisions for regional or sex differentials. 

The maximum hours at present do not generally exceed 40. Approving a 40-hour week under this Code will obviously add few 

employees to the pay roll. However, in order to reabsorb the unemployment in this industry it would be necessary to reduce the hours 

of employment to less than thirty per week. As a practical, work-

(IV) 
v 

able proposition this would be decidedly unfair to the industry 

because-

(1) Some of the plants produce other products which are already 

governed by other 40-hour codes and shift their labor between the 

different types of production. 

(2) Most of the plants are in localities where the maximum of 

labor in other outstanding plants is governed by 40-hour Codes. 

Reducing the hours to a point where the weekly earnings of employees in this industry would not offset those of workers under 

other 40-hour codes in the same locality would infringe on the available labor supply for this industry. 

Under present conditions for practical considerations the reabsorption of the unemployed in this industry is practically impossible. 

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 Association imposes no inequitable restrictions on admission to membership therein and is truly representative of the 

Gasoline Pump ManufacturinO' Industry; and that-

( c) The Code as recommended is not designed to promote monopq.lies or to eliminate or oppress small enterpnses and will not operate 

to discriminate against 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 imme-diately 

adopted. 

Respectfully submitted. 

HuGHS. JoHNSoN, 

Administrator. 

To: General Hugh S. Johnson, Administrator. 

From : R. B. Paddock. 

AUGUST 8, 1933. 

Subject: Report on the Code of Fair Competition for the Gasoline 

Pump Manufacturing Industry. 

This is a report of the hearing on the Code of Fair Competition 

for the Gasoline Pump Manufacturing Industry of the United 

States, conducted in Washington on the 24th of August 1933, in 

accordance with the provisions of the National Recovery Act. All 

persons requesting to be heard were given full opportunity to present pertinent facts. 

The following exhibits are included and attached: 

A. Reports submitted by-

(1) Industrial Advisory Board 

(2) Consumers' Advisory Board 

(3) Labor Advisory Board 

( 4) Legal Division< 

( 5) Research and Planning Division 1 

B. The Code 1 as finally proposed, revised, and accepted by the 

Gasoline Pump Manufacturing Industry. 

1 These are included in a group of papers for submission to the President and are not 

duplicated herein. 
VI 

PRoVISIONS OF THIS CoDE AS TO WAGES AND HoURs 

II. MINIMUM WAGES 

On and after the effective date the minimum wage that shall be 

paid by any employer in the Gasoline Pump Manufacturing Industry to any employee, regardless of whether the employee is compensated on the basis of a time rate, piecework performance, or otherwise, shall be at the rate of forty cents ( 40¢) per hour for forty ( 40) 

hours of labor: Provided, however, that where a State law fixes a 

higher minimum wage than that herein set forth, then and in such 

case no employee shall receive a lower wage than that fixed by such 

State law. 

m. HOURS OF LABOR 

The maximum hours of labor per man per week shall be forty 

hours. 

Findings.-The Deputy 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 Association imposes no inequitable restrictions on admission to membership therein and is truly representative of the Gasoline Pump Manufacturing Industry; and that 

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

to discriminate against 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 immediately 

adopted. 

Respectfully submitted. 

R. B. PADDOCK, 

Deputly Administrator. 
CODE OF FAIR COMPETITION FOR THE GASOLINE PUMP 

MANUFACTURING INDUSTRY 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following is established a.s a Code of Fair Competition for the Gasoline Pump Manufactunng Industry. 

I. DEFINITIONS 

The term" Gasoline Pump Manufacturing Industry" is defined to 

mean the manufacture and sale by the manufacturers of dispensing 

gasoline pumps of the meter, visible or blind types, operated either 

by hand or power; kerosene tanks in unit combination; low-pressure 

grease pumps and oil pumps and other low-pressure lubricating 

outfits for transmissions and differentials; hand trucks for carrying 

portable outfits for dispensing gasoline, kerosene, grease, oil, and 

other petroleum products; and other equipment used in the dispensing of these products for consumption. 

. II. MINIMUM wAGE 

On and after the effective date the minimum wage that shall be 

paid by any employer in the Gasoline Pump Manufacturing Industry to any employee, regardless of whether the employee is compensated on the basis of a time rate, piecework performance, or 

otherwise, shall be at the rate of forty cents ( 40¢) per hour for forty 

( 40) hours of labor: Provided, ho.wever, that where a State law 

tixes a higher minimum wage than that herein set forth, then, and 

in such case, no employee shall receive a lower wage than that fixed 

by such State law. 

The existing amounts by which wage rates in the higher-paid 

classes exceed wages in the lower-paid classes shall be maintained. 

III. HoURs OF LABOR 

The maximum hours of labor per man per week shall be forty 

(40) hours. 

IV 

· On and after the effective date no member of this industry shall 

employ or have in their employ any person under the age of 16 years; 

and further provi~ed that no person _under 18 years of age shall be 

employed or permitted to work on or 1n connectiOn with metal-working machines: Provided, however, that where a State law specifies a 

hi_gh~r minimum age no member of this industry shall employ 

within that State a person below the age specified by such State law. 

12102°----138-36----38 (1) 
2 

v 

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

Recovery Act, it is provided : 

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

collectively through representatives o:f their own choosing, and shall 

be :free :from the interference, restraint, or coercion o:f employers of 

labor, or their agents, in the designation o:f such representatives or 

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

o:f collective bargaining or other mutual aid or protection; 

" (2) 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 

" (3) That employers shall comply with the maximum hours o:f 

labor, minimum rates o:f pay, and other conditions of employment, 

approved or prescribed by the President." 

VI. STANDARDS 

Nothing in this section shall apply to or affect in any way contracts between members o:f the Gasoline Pump Manu:facturino- Industry and others in existence prior to the effective date of this Code. 

1. All contracts :for the sale o:f equipment covered by this Code 

shall contain a definite and true statement o:f price, quantity, terms 

o:f payment, place o:f delivery, date, name o:f purchaser, and all other 

items necessary to :form a complete contract. Further, that all contracts shall state that all the terms and conditions contained therein 

- are in conformity with the letter and spirit o:f this Code. 

2. Each manufacturer in the industry shall, immediately :following the effective date o:f this Code, cancel all options, quotations, 

and guaranteed prices outstanding on such date, insofar as such 

cancelation can la w:fully be effected. 

3. All invoices shall contain a :full statement o:f all the facts necessary to make such an invoice a complete actual record of the transaction represented on the :face thereof. 

4. Conditions and terms o:f sale :for the equipment covered by 

this Code shall be as :follows : 

(a) 30 days net; not in excess o:f 2 percent :for cash in ten days 

:from date o:f in voice ; or 90 days, provided that not less than 25 

percent of the purchase price accompanies order and the remainder 

is payable in three equal monthly payments thereafter; or six 

months, provided that not less than 20 percent o:f the purchase price 

accompanies the order and the remainder divided into six equal 

monthly installments, with a carrying charge of 5 percent o:f the 

unpaid portion; or twelve months, provided that not less than 20 

percent o:f the purchase price accompanies the order and the remainder divided into twelve equal monthly installments, with a 

carrying cha.rge o:f 7 percent o:f the unpaid portion. No terms 

longer than twelve months shall be allowed. Allowance for unearned carrying charges when installment accounts are paid before 

maturity may be made. 
8 

(b) Except for bona fide test or demonstration purposes, no 

equipment covered by this Code shall be loaned, leased, consigned, 

given away, or sold on a basis of payment governed by the gallonage 

dispensed or on terms other than those agreed upon above. 

(c) The following standard guarantee : 

The manufacturer guarantees all parts of the equipment shipped 

under this agreement for one year and no more from date of invoice 

thereof against defective material or workmanship (but not against 

damage caused by accident, abuse, or faulty installation) when the 

equipment is installed in accordance with the manufacturer's specifications, and will repair or replace free of charge (F.O.B. factory) 

all such defective rarts if returned to the factory, charges prepaid. 

The manufacturer s liability for damages caused by any such defective parts shall be limited to such repair or replacement and in no 

event shall the manufacturer be liable for indirect or consequential 

damage. 

VII 

The following are declared to be unfair trade practices and are 

prohibited : 

(a) The payment or allowance of secret rebates, refunds, credits or 

unearned discounts, commissions to customers, or their employees, 

whether in the form of money or otherwise, or the extension of services or privileges to certain ~urchasers not extended to all purchasers 

under like terms and conditwns. 

(b) Discrimination in price of equipment covered by this Code 

between purchasers of the same class; provided, however, that nothing in this rule shall be construed to prevent the publication and 

use of the quantity discount specified herein; and provided further, 

that nothing herein contained shall prevent any member of the industry engaged in selling goods :from selecting their own customers 

in bona fide transactions. 

(c) The inducing or attempt to induce the breach of a contract 

between a competitor and his customer. 

(d) The variable practice on the part of sellers of requiring purchasers in some instances to pay published freight and/or warehouse 

charges and in other instances of assuming such charges. 

(e) Quoting a total price of any schedule of equipment covered 

by this code which does not show unit prices and any addition or 

deduction on any other basis than the unit price shown. 

(f) The making of contracts, blanket orders, or other commitments guaranteeing prices· except for firm orders for definite quantities for delivery within ninety (90) days from date of order. In 

each such case the order must stipulate that it is not cancellable and 

that any equipment not ordered out at the end of the period shall be 

billed to, and paid for by, the customer. 

(g) The unreasonable trade-in on purchase or any other form of 

unreasonable allowance for used equipment. 

(h) The authorizing or permitting of the refunding by commissioned salesmen of all or any part of their commission to any 

customer. 
4 

( i) The making of any allowance for installation by a manufacturer either directly or through his authorized representative, jobber, 

or commission salesman. 

VIII 

The following practices affecting the seller's product are declared 

to be unfair methods of competition and are condemned by the 

industry: · (a) The marking, branding, or f ailure to mark or brand a product for the purpose or with the effect of misleading or deceiving 

purchasers, or prospective purchasers, with respect to the quantity, 

quality, size, grade, or substance of product purchased. 

(b) The publication or circulation concerning any member of the 

Industry, of any false, misleading, or deceptive statement by way of 

advertisement or otherwise as to the grade, quality, quantity, character, composition, or origin of the product. 

(c) The sale or offer to sell any product with intent to deceive 

purchasers or prospective purchasers with respect to the quantity, 

quality, size, grade, or substance of such product. 

IX 

No member of the Gasoline Pump Manufacturing Industry shall 

sell or exchange any product of the industry at a price below his own 

individual cost of production as determined by a standard cost 

accounting system, to be set up by the Executive Committee for the 

Gasoline Pump Manufacturing Industry, subject to the approval and 

supervision of the Administration. · (a) Pursuant to the above provisions, the Executive Committee 

shall endeavor to develop and submit to the Administrator for approval within 120 days after the effective date of this Code a uniform 

system of cost accounting designed to make possible the accurate 

determination by each member of the industry of his own individual 

cost of production. 

Upon approval by the Administrator of such system of cost 

accounting, complete advice concerning it shall be distributed by the 

Executive Committee to all members of the Gasoline Pump Manufacturing Industry. Thereafter, no member of the industry shall 

sell or exchange any product of the industry at a. price below his own 

individual cost. 

(b) Since it has been the general, recognized practice of the Gasoline Pump Manufacturing Industry to sell its products on the basis 

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

terms of payment which are distributed to the trade, each manufacturer shall, within five days after the effective date of this Code, 

file with the Executive Committee of the Gasoline Pump Manufacturing Industry 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 payment, and the ' 

Executive Committee shall immediately send copies thereof to all 

known manufacturers of the Industry. Revised price lists, with or 

without discount sheets, may be filed from time to time thereafter 
with the Executive Committee by any manufacturer in the industry 

to become effective upon a date specified by such manufacturer in 

the industry, which date shall be not less than 10 days after the 

filing of such revised prices at the office of the Executive Committee 

and copies thereof with notice of the effective date specified shall 

be immediately sent to all known manufacturers of the Industry 

who thereupon may file, if they so desire, revisions of their price 

lists and/or discount sheets, which, it filed not less tl:_!an five days 

previous to such effective date, shall take effect upon the date when 

the revised price list or discount sheet first filed shall go into effect. 

If the Executive Committee shall determine that any manufacturer 

in the industry is not now selling its products on the basis of price 

lists, with or without discount sheets, with fixed terms of payment 

and that a system of selling on net price lists or price list and discount sheets should be put into effect, then such manufacturer within 

ten (10) days after notice of the decision of the Executive Committee 

under this paragraph shall file with the Executive Committee net 

price lists, or price lists with discount sheets, containing fixed terms 

of payment; such price lists and/ or discount sheets and terms of 

payment may be revised in the manner hereinabove provided. However, it is provided that the determination of the Executive Committee as aforesaid shall be subject to the approval of the Administrator. 

(c) No manufacturer in the industry shall sell any product of the 

industry at prices lower or discounts greater or on more favorable 

terms of payment than the approved schedule of such manufacturer 

on file at the office of the Executive Committee as above provided. 

(d) It is hereby provided that the operation of the foregoing provisions in regard to price lists shall at all times be subject to the 

approval of the Administrator and, if it is the belief of the Executive Committee or of any manufacturer in the industry that. any price 

list submitted represents sales below the cost of production of the 

manufacturer submitting same, the date of effectiveness of such list 

shall automatically be delayed an additional ten days in order that 

an investigation may be made to determine the propriety of such 

objection. If it is found that any price list represents figures below 

the cost of production as defined by the Executive Committee and 

approved by the Administrator, the quotations shall be withdrawn 

and revised prices submitted. 

X. ADMINISTRATION 

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 Gasoline Pump Manufacturing 

Industry is taking appropriate steps to effectuate in all respects the 

declared policy of the National Industrial Recovery Act, the Executive Committee of the Gasoline Pump Manufacturing Industry is 

hereby constituted and shall be composed of five members, chosen 

by a fair method of selection and approved by the Administrator. 

Each employer shall file with the Secretary of the Executive Committee statistics covering the number of employees, wage rates, em-
6 

ployee earnings and hours of work, and, upon the request of the 

Executive Committee, subject to the approval of the Administrator, 

copies of invoices and all books or records pertaining thereto and 

such other data or information aB may be from time to time required 

by the Administrator or by the Executive Committee, subject to the 

approval of the Administrator. 

Except as otherwise provided in the National Industrial Recovery 

Act, all statistics, data, and information filed in accordance with the 

provisions of Article X shall be confidential, and the statistics, data, 

and other information of one employer shall not be revealed to any 

other employer except insofar as may be necessary for the effective 

administration and enforcement of this Code. · 

X-A 

Where the costs of executing contracts entered into in the Gasoline 

Pump Manufacturing Industry prior to the Approval of tne President of the United States of this Code are increased by the application of the provisions of that Act to the industry, it is equitable and 

promotive of the purposes of the National Industrial Recovery Act 

that appropriate adjustment of such contracts to reflect such increased costs be arrived at by arbitral proceeding or otherwise, and 

the Gasoline Pump Manufacurers Association, the applicant for this 

Code, is constituted an agency to assist in effecting such adjustments. 

XI 

Any employer may participate in the endeavors of the Executive 

Committee of the Gasoline Pump Manufacturing Industry relative 

to the revisions or additions to the Code by accepting the proper 

pro-rata share of the costs and responsibility of creating and 

administering it. 

XII 

This Code, and all the provisions thereof, are expressly made subject to the right of the P~esident, in ac.cordance with the provis.ion o£ 

Clause 10 (b) of the N atwnal Industnal Recovery Act, from time to 

time to cancel or modify any order, approval, license, rule, or regulation, issued under Title I of the said Act, and specifically to the 

right of the President to cancel or modify his approval of this Code 

or any conditions imposed by him upon his approval thereof. 

XIII 

Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes 

in circumstances or experience may indicate. They shall remain in 

effect unless and until so modified or eliminated or until the expiration of the Act. It is contemplated that from time to time supplementary provisions to this Code or additional codes will be submitted 

for the approval of the President, to prevent unfair competition in 
7 

price and other unfair and destructive practices and to effectuate 

the other purposes and policies of Title I of the National Industrial 

Recovery Act consistent with provisions thereof. 

XV 

This Code of Fair Competition shall become effective on the approval of same by the President of the United States. The undersigned do hereby certify that the foregoing is a true 

copy of the Code of Fair Competition for the Gasoline Pump Manufacturing Industry, submitted to the Administrator under the N ationa! Industrial Recoverl Act, as amended by authority of the 

Executive Committee o the Gasoline Pump Manufacturing 

Industry. 

NELSON b. TALBOT!', 

President, Gasoline Pwmp Manufacturers' Assn. 

G. DENNY MooRE, 

Seoretary, Gasoline Pwmp M ari/Ufacturers' Assn. 

SEPTEMBER 7, 1933. 

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UNIVERSITY OF FLORIDA 

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