1484.-D Registry No. 1335-05 

NATIONAL RECOVERY ADMINISTRATION 

u. 

CODE OF FAIR C·OMPETITION 

FOR THE 

GAS COCK INDUSTRY 

AS APPROVED ON OCTOBER 31, 1933 

BY 

PRESIDENT ROOSEVELT 

0 :- I • 

WE DO OUR PART 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by the 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, .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, l\Iich. : 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, F la. : Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

Memphi , Tenn.: 229 Federal Building. 

Minneapolis, l\1inn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. orfolk, Va: 406 East Plume Street. 

Philadel~hia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commer ce Building. P ortland, Oreg. : 215 New Post Office Building. 

St. Loui , Mo. : 506 Olive Street. 

San Franci co, Calif. : 310 Customhouse. Seattle, Wash.: 809 F ederal Building. 

(rr) 
EXECUTIVE ORDER 

Co DE OF FAIR COMPETITION FOR THE GAS Cocrr 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 Gas Cock 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 r quirements 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. 

FRANJ{LIN D. ROOSEVELT. 

THE WHITE Ho SE, 

October 31, 1933. 

Approval recommended: 

HUGH s. JOHNSON, 

Administrator. 

(III) 

18574°-1ss-1os-33 
OCTOBER 21, 1933. 

THE PRESIDENT' 

The White House. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Gas Cock Industry of the United States conducted 

in Washington on September 18, 1933, in accordance with the provisions of the National Industrial Recovery Act. 

PROVISIONS FOR HOUR AND WAGES 

The maximum of eight hours per day and forty hours per week 

covering factory employees in this industry, is warranted as it represents a reduction from a weekly schedule of fifty hours. 

Executives technical and supervising employees (not including 

working foremen) receiving more than $35.00 per week and outside 

sale men are excepted from the maximum hour provisions. 

Employees when engaged in emergency repair or maintenance are 

also not limited, but time and one half shall be paid for all over 

regular scheduled hours. 

A tolerance of ten percent over the forty-hour week is permitted 

for truck drivers and forty-eight hours is the maximum for watchmen. 

No per on under sixteen year of age shall be employed and no 

person under eighteen years of age on any work of a hazardous 

nature. 

The minimum rate of forty cents per hour is e tabli hed with a 

minimum rate of thirty-three cents for light repetition work. This 

light work involves comparatively little skill and is performed by 

youths in most factories with a few female employe s in others. 

Minimum rates on piecework are guaranteed, and no distinction 

in rate shall be made between male and female labor on the same 

class of work. Wage differential above the minimum hall be adjusted and in no ca e decreased. 

Superannuated or maimed employee and learner shall receive 

at least eighty percent of the minimum wage but an employer is 

limited to not more than five perc nt of the total number of his 

em1 loyees at lower than the minimum rate. 

Clerical and oth r employe hall r ceive a minimum of $15.00 

per week, ex ept that office boy and girls may be mplo eel at not 

le than eighty percent of uch minimum. 

ECON0 nc EFFE T OF THE ODE 

ekly hour 1 rn rea ing 

(IV) 

al liti nal emi i important 

·a -r frio- rator b 
V 

market, which it serves. Pay rolls, through reemployment and readju tment of salaries, will be increa ed approximately forty 

percent. 

Thi indu try has u:ffered everely from the depres ion and in 

making its contribution through hortened hours and higher wages is 

carrying out the spirit of the Act. 

FI DINGS 

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

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

thereof; and that 

(b) The applicant group impo es no inequitable restrictions on 

admi~sion to membership therein and is truly representative of the 

Gas Cock Industry. 

( c) The Code as recommended is not de ignated to promote 

monopolies or to eliminate or oppress small enterpri es 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 approved. 

Respectfully. 

HUGH s. JOHNSON, 

Administrator. 
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CODE OF FAIR COMPETITION FOR THE GAS COCK 

INDUSTRY 

To effectuate the purpo es of Title I of the ational Industrial 

Recovery ct the followin~ provisions are established as a Code of 

Fair Competition for the ua,s ock Indust ry, and upon approval 

by the Pre ident hall be the standard of Fair Competition for this 

Industry. 

ARTICLE I-PURPOSES 

The purpose of this Code is to-

( a) Effectuate the policy of the Act; 

(b) increase employment under conditions sought under the policy of the Act; 

( c) eliminate unfair competition; and 

( d) tabilize trading conditions in the Producer's market. 

ARTICLE II-DEFIXITIO:NS 

SECTION 1. The term ' Gas Cock " as herein used means all cocks 

and shut-off made and sold for use on gas ranges, gas water heaters, 

gas space heaters gas furnaces, gas conver ion burners~ gas incinerators gas refrigerators, and/ or any apparatus or appliance using 

natural ga liquefied petroleum gases, and/ or manufactured gas as 

primary or secondary fuel. 

(b) The term " Producer ' as herein used means every person corportation partner hip, or other legal entity promoting or actively 

engaged in the manufacture for sale of the products of the Gas Cock 

Industry as herein defined. . 

· ( c) The term " learner " as herein used means a per on ha v1ng no 

previous experience in the manufacture of Gas Cocks or parts thereof 

and whose period of employment as such shall not exceed six ( 6) 

weeks. 

( d) The term "Association" as herein used means the Association 

of Gas Cock Manufacturers Detroit Michigan. 

( e) The term " Go,erning Committee " as herein used means the 

governing body as elected under Article \ Section 1, of the con~titution of the A ociation. 

(f) The term "employee as herein used means any person engaged in any phase of the Industry in any capacity in the nature of 

emplo ee, irre pectiv-e of the method of payment of his compensation. 

(g) The term employer ' as herein used means any producer as 

defined in Article II (b). 

(h) The term "l\1ember of the Code" as herein used means any 

member of the Industry who shall expressly signify assent to this 

Code. 

(i) The term' l\1ember of the Indu try" as herein u ed means any 

producer as defined in Article II (b). 

(1) 
2 

(j) The term "Act'' as herein used means the National Industrial 

Recovery Act. 

(k) The term ' Pre ident" as herein used means the President 

of the United States. (1) The term "Administrator" as herein used means the Administrator of the National Industrial Recovery Administration. 

( m) The terin "Administration " as herein used means the National Industrial Recovery Administration. 

SEc. 2. The term "effective date" as herein used means the tenth 

(10th) day after this Code shall have been approved by the President of the United States. 

ARTICLE Ill-MANDATORY PROVISIONS 

SECTION 1. Employees shall have the right to organize and bargain 

collectively through repre entatives 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 and other mutual aid or protection: 

(b) 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) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

ARTICLE IV-HOURS 

SECTION 1. No factory employee shall be employed in the Gas Cock 

Industry in excess of 40 hour in any one week, or more than 8 hours 

in any one day, except a follows: 

(a) Executive, managerial, technical, and supervisory employees 

(not including working foremen) receiving more than Thirty-five 

Dollars ($35.00) per week, and outside salesmen. 

(b) In order to maintain employment and production the schedule 

of hours in Article IV, Section 1, shall not apply to employees on 

emergency maintenance and emergency repair work, but in any such 

case, time and one half shall be paid for hours worked in excess of 8 

hours in any one day or 40 hours in any one week. 

SEC. 2. No clerical or other employee shall be employed for more 

than 40 hours per w ek, except as follows: 

(a) For truck drivers and shipping employees ther hall be a 

tolerance of 10 percent additional hours over the 40 hours per week 

specified in Article IV Section 2. 

(b) Watchmen whose hours shall n t exceed 48 hours in any one 

eek. 

SEc. 3. On and after the eff tive dat of this ode no employer 

shall employ any per on un l r 16 year of age; provid d, however, 

that where a State law ro ides a hiD"h r minimum ao- n person 

below the ag specified by uch tat law shall be employ d within 

that State. 
3 

SEc. 4. o per on under 18 y ar of ao-e shall be eno-aO'ed in any 

work of a hazardou or dang rou nature. SEc. 5. The maxin1um hour hereinabo e provided mark the total 

number of hours during which an employee may be employed 

whether by one or more Producers. 

AnTI LE -W ,WES 

SECTION 1. The minimum wage rates applying in the Gas Cock 

Indu tr hall be 40 cents per hour except as follows: 

(a) On light repetitive work the rate shall be not less than 33 

cent per hour· provided, however, that where a State law provides 

a higher minimum wage, no per~on employed within that State shall 

be paid a wage below that required by such State law. 

SEc. 2. Where employee earning on piecework rates are under 

the minimum -wage required by this Article V, Section 1, of this Code 

uch rate shall be ~o adju~ted a to conform with .the aforesaid mini•· 

mum wage and no di~tinction in rate shall be made between male and 

female employee where the same clas of work is performed. 

SEc. 3. The wage differentials for all operations shall be equitably 

adjusted (unle s such readjustment has been made since July 1st, 

1933) and in no case shall they be decrea ed. Each member of the 

Industry shall report all such readjustments made since May 1st, 

1933, to the Code Authority within thirty (30) days from the effec-• 

tive date of this Code. 

SEc. 4. The minimum wage that shall be paid by any Producer 

to Superannuated and/ or maimed employees and learner shall not 

be less than O percent of such minimum wages tipulated in Article 

V, Section 1, but the total number of such employees shall not exceed in any calendar month five (5) percent of the average number 

of employees of such Producer. 

SEC. 5. Clerical employees hall be paid not less than 15.00 per 

week except office boys and girls who shall be paid not les than 80 

percent of this minimum rate and who e number shall not exceed 5 

percent of the number of employees covered by Article V, ection 5. 

SEC. 6. o person who has worked as a learner for one Producer 

for the period of time pre cribed under the term ' learner ' in 

Article II ma thereafter be clas ified a a learner. 

SEC. 7. No employee shall be classified in any one of the excepted 

cla e herein defined in Article IV and Article V, unless he perform functions identical with tho e performed by employee thus 

classified on June 16th, 1933. 

SEc. 8. Each Producer hall post on his regular bulletin board or 

boards copies of Articles IV and V of this Code. 

ARTICLE VI-STAXDARDIZATION 

SECTION 1. The A ociation, in cooperation with the te ting laboratorie of the America,n Gas As ociation may prepare standard 

specifications for the respective type sizes and weights of gas cocks. 

When uch tandard pecifications have been prepared and publi hed 

to the Industry no producer hall knowingly ell any gas cock as 

an A.G.A. approved gas cock unle s uch gas cock conforms with 

such standard pecifications. 
4 

ARTICLE VII-DISTRIBUTION 

SECTION 1. (a) Each Producer shall file with the Governing Committee, five ( 5) days after the effective date of this Code, the current 

prices of his products effective at that time. 

(b) Thereafter, revised prices which may be made effective from 

time to time by the Producer shall likewise be filed with the Governing Committee and shall become effective five (5) days after such 

filing. . 

SEc. 2. The Governing Committee may at any time call upon any 

Producer for terms and prices and/or any quotation, contract, or 

other transaction. 

SEc. 3. No Producer shall sell or offer to sell, directly or indirectly, 

by any means whatsoever, any products of the Gas Cock Industry at 

a price lower or on more favorable terms and/ or conditions of sale 

than those which he has filed with the Governing Committee. 

SEc. 4. Each Producer shall have the privilege of selecting his 

own customer, but he shall not discriminate in his prices between 

selected customers of the same class. 

SEc. 5. In event that the Governing Committee finds that any filed 

price would cause instability in the market, the Governing Committee may require the Producer filing such price to establish that 

such price does not involve a net return to such Producer less than 

his cost, determined pursuant to Article XVI of this Code, or to file 

a revised price. Until such filed price is held violative of Article 

XVI it may remain in effect. 

ARTICLE VIII-QuoTATION PoLicrns 

SECTION 1. Each quotation shall define terms and conditions o:f 

sale. 

SEc. 2. Each quotation shall be a firm proposal subject to revision 

only to correct errors; or, when permissible under c;onditions specified 

therein, to adjust or reflect changes in prices. 

SEc. 3. No Producer shall quote a total price on any list or schedule 

of products of this Industry which does not show, or which is lower 

than the sum of the regular unit prices of the articles comprising 

the list or schedule. 

SEc. 4. No Producer shall revise a quotation for the purpose of 

"matching" or underquoting prices quoted by a competitor. 

SEc. 5. No Producer hall give advance notice to the Trade of 

his intention to change his prices. 

ARTICLE IX-CREDIT POLICY 

SECTION 1. Credit privileges hall be restrict d to thos Purcha ers who e moral and financial int grity may b rea onably well 

established. The purpo e of this rul is to mak it in nmbent upon 

each Producer to ex rci c due diligence and 01md ju :!gm nt in an 

earne t effort to avoid a ·tion relatino- to the o-ranting of er dit 

privilege whi h mio·ht intro lu in tability int th mark t. 

SEc. 2. Ea h Pr ducer hall, at the i:: que t of the Gov rning 

Committee, furnish the Association the name of all cu tom rs whose 
5 

account are past due under the term et forth in this Code· the 

purpo e of thi rule being to pr vent a purchaser from overextending hi er dit with two or more producer . The operations 

of this Article hall at all time be subject to the approval of the 

Administrator. 

ARTICLE X-TER:i.\1S OF p A Yl\IENT 

SECTION 1. Invoice shall bear the date on which delivery is made 

to the carrier at the point of shipment. Po t dating of invoices is 

forbidden. 

SEc. 2. The net due date in all instances shall not be later than 

the last day of the month next following the date of the invoice. 

SEc. 3. When a ca h discount is allowed by a ProduceP, the rate 

shall not exceed two percent (2% ) and the period in which it may 

be deducted shall not exceed ten (10) days from the date of invoices; 

except however, that, to purchasers whose r equirements necessitate 

numerous billings during the current month, it may be deductible 

as follows: 

(a) on the 25th instant from remittance covering all charges from 

the 1st to/and 15th instant and 

(b) on the 10th proximo from remittance covering all charges 

from the 16th to/and the last day of the preceding month. 

SEc. 4. In no instance shall a cash discount be allowed on transactions financed through the medium of a trade acceptance or anote. 

SEc. 5. The agreement to accept in advance, Bonds or other Securities involved in the financing of a project in part or in whole payment for the products of the Gas Cock Industry is forbidden. 

SEc. 6. Each quotation shall stipulate, and each contract shall contain, an agreement that any State and/ or Federal Tax now or hereinafter imposed upon any producer in respect to any transaction 

predicated on such quotation or contract, or on the production, treatment, manufacture, sale, delivery, transportation, or proceeds of the 

products specified, shall be for the account of the purchaser and if 

paid, or required to be paid by the seller, the amount shall be charged 

to the purchaser. 

ARTICLE XI-TERMS OF SHIPMENT 

SECTION 1. All domestic shipments shall be F.O.B. point of shipment, except that freight may be allowed on shipments of 125 lbs. 

or over, but such allowance not to exceed $1.00 per hundredweight, 

nor more than the actual cost of such freight. 

SEc. 2. The Producer shall provide that he shall not be responsible 

for delays due to causes beyond his control; nor for delays caused 

by changes in specifications. 

ARTICLE XII-DELIVERY SPECIFICATIONS 

SECTION 1. No Produce_r hall agree in writing, or otherwise, to 

furni h any indeterminate quantity of products of the Gas Cock 

Industry, or any quantity of products of the Industry at an indeterminate price. 
6 

SEc. 2. No Producer shall agree in writing or otherwise to furnish 

a specified quantity of the products of the Gas Cock Industry for a 

period exceeding ninety (90) days from date of quotation, agreement, 

or contract. 

ARTICLE XIII-CONSIGNED STOCKS 

No consigned stock of the products of the Gas Cock Industry shall 

be permitted by any Producer. 

ARTICLE XIV-DISTRESS 1\tfERCHANDISE 

SECTION 1. No products of the Gas Cock Industry shall be sold 

below cost, except surplus stocks, inventories, or obsolete goods that 

must be converted into cash to meet immediate needs, which may be 

sold at such prices as are necessary to move such stock into purchaser's hands; provided, however, that all such surplus stocks, inventories, or obsolete goods are first reported to the Governing Committee and are moved under such regulations as the Governing 

Committee may prescribe. 

If the Governing Committee should refuse to permit the sale of 

such surplus stocks or inventories or obsolete goods below the Producers' cost, or shall prescribe regulations which the Producer 

contends are unreasonable, the Producer may appeal to the 

Administrator. 

ARTICLE XV-MALICIOUS PRACTICES 

SECTION 1. There shall be no inducing or attempting to induce the 

breach of contract between a competitor and his customer. 

SEc. 2. There shall be no disparaging statements made respecting 

another Producer's business methods, practices, or products. 

SEc. 3. There shall be no publication or circulation, by advertisement or otherwise, of any false, misleading or deceptive statement 

concerning the grade, quality, character, or origin of the products 

of a competitor; or misbranding for the purpose of mi leading purchasers or prospective purchasers. 

SEc. 4. There shall be no extension of service, sp cial or otherwise, 

without a reasonable charge to promote, assist, or influence the 

demand or acceptance of products of the Gas Cock Industry. 

ARTICLE XVI-COSTS 

SECTION 1. The Association shall hav , or cau e to be set up a 

uniform method of cost finding, subject to the approval of the Administrator, to be followed by all Producer in arriving at unit ost . 

SEc. 2. In submitting costs to the Governing Committee the method 

designated in Section 1 of this Article XVI shall be exclusively used. 

RTI LE XVII- Dl\II I TR TIO 

SECTION 1. The Governing ommitt e of the A ociation is her by 

designated the agency to coop rate with the Admini trator in superision over and in the administration of this Code, provided no in-
7 

equitable r striction upon member hip are imposed. The Administrator in hi di er tion ma appoint not more than three additional 

m mb r ( without vote) to repre ent the dministrator on the 

vernincr ommittee. 

E . 2. Th Go erning ommittee may appoint a agents such peron or per on a it may elect to administer this Code and/or repre ent the Ga ock Indu try in dealing with the Admini trator. 

E . 3. pon it own initiative or upon complaint of a Producer 

the Governin ommittee shall in estigate complaints and take 

uch a tion a it may deem nece ary or expedient within the 

provi ions of the ct. 

EC. 4. To a si t in the admini tering of his Code, each producer 

hall make available an and all relevant information evidence or 

proof to the Go,erning Committee upon reque t of said Governing 

ommittee ubject to the appro al of the dmini trator. 

SEc. 5. In the event that the Governing ommittee after a fair 

and impartial hearing of all intere ted parties, shall determine that 

legal proceedings hould be instituted or that a formal report hould 

be forwarded to the Admini trator it hall take nch action. 

EC. 6. The Governing ommittee hall collect from member of 

Indu try all data and tatistic required by this Code or by the 

President or the Admini trator or hi or their agent or agents. uch 

information shall be confidential except in afar a disclosure may be 

nece arv for the effective administration of this ode. 

EC. 7. In addition to information required to be ubmitted to 

the Governing Committee there shall be furnished to Government 

agencies such tati tical information a the dmini rat.or may deem 

nece sary for the purpose recited in Section 3 (a) of the National 

I ndu trial Recovery Act. 

RTICLE XYIII- PARTI IPATION 

SE TIOX 1. fember of the Indu tr hall be entitled to participate in and hare the benefit of the activitie of the Governing 

ommittee and to participate in the election of the member thereof 

b a enting to and complying with the requirement of thi Code 

and su taining their rea onable hare of the expen e of it admin- i tration. The rea onable hare of the expense of admini tration 

hall be determined by the Governing Committee subject to review 

by the Admini trator on the ba i of volume of bu ine and/ or 

such other factor as may be deemed equitable to be taken into 

consideration. 

ARTICLE XIX- f OXOPOLIE 

SECTION 1. To Provi ion in thi ode hall be interpreted or 

applied in uch a manner as to: (1) Promote monopolie or monopoli tic practice · (2) Permit or encourage unfair competition· (3) 

Eliminate oppre or di criminate again t mall enterpri e . 

ARTICLE XX- ONTRACT Aom T~rE ... ~Ts 

ECTIOX 1. If the cost of executincr a contract entered into prior 

to approv-al of thi ode i increa ed by rea on of the effect of this 
8 

Code, it is equitable and promotive o:f the policies o:f the National 

Industrial Recovery Act for an adjustment to be made of such contracts to reflect such increa ed costs, and the Governing Committee 

with the consent o:f the buyer is hereby designated an agency to 

assist in effecting such adjustments by arbitration or otherwise. 

ARTICLE XXI 

SECTION 1. Such o:f the provisions of this Code as are not required 

to be included therein by the Act may, with the approval of the 

President, be modified or eliminated as changes in circum tances 

or experience may indicate. It is contemplated that :from time to 

time supplementary provisions to this Code or additional Codes will 

be submitted :for the approval o:f the President to prevent un:fair 

competition and destructive competitive practices and to effectuate 

the other purpo es and policies of Title I of the Act consistent with 

the provisions hereof. 

ARTICLE XXII 

SECTION 1. This Code and all the provisions thereo:f are expressly 

made subject to the right of the President, in accordance with the 

provisions of Subsection (b) of Section 10 of the 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 President to cancel or modify his 

approval o:f this Code or any conditions imposed by him upon his 

approval thereof. 

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UNIVERSITY OF FLORIDA 

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