Approved Code No. 154 Registry No. 1136-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

METAL TANK INDUSTRY 

U. 

AS APPROVED ON DECEMBER 15, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

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.O., and by district offices of the Bureau ot 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mas . : 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapoli , Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angele , Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 F ederal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, ~.Y.: 734 Customhouse. 

Norfolk, V~ . : 406 Ea t Plume Street. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo. : 506. Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
Approved Code No. 154 

CODE OF FAIR COMPETITION 

FOR THE 

METAL TANK INDUSTRY 

As Approved on December 15, 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, approved June 16, 1933, for my approval of a Code 

of Fair Competition for the Metal Tank 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 fonnd 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 aid 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 and recommendations, and findings of the Administrator and do order that the said 

code of fair competition be and it is hereby approved. 

Approval recommended: 

H errS. JoHNSON, 

Administrator. 

THE WRITE HousE, 

December 15, 1933. 

FRANKLIN D. ROOSEVELT. 

2o7 s·----~44-154----63 (47) 
DECEMBER 4, 1933. 

THE PRESIDENT, 

The White House. 

Srn: This is a report on the Code of Fair Competition for the 

Metal Tank Industry in the United States, the hearing having been 

conducted in W ashi~~on on October 6 1933, in accordance with 

the provisions of the ~ ational Industrial Recovery Act. 

PROVI IONS FOR HOUR AND WAGES 

Factory employees will be limited to 40 hours per week and 8 

hours per day, except in emergencies which cannot be met by the 

employment of additional men, when working time may be increased. Time and one half will be paid to all hourly rated employees workin over 8 hours in any one day or 40 hours in any 

one week. Preparation, care and maintenance employees, stock and 

shipping clerks, and delivery men will have a 10 per cent tolerance, 

but are limited to 44 hours per week in any 6 weeks in any 6 months. 

The lin1itation in hours will not apply to managerial, executive, 

or supervisory employees receiving more than $35.00 per week, nor 

to ontside service and maintenance men, traveling salesmen, and 

watchmen, nor to those engaged in emergency maintenance or repair work, this latter class being paid time and one half for all 

hour over 8 per clay or 40 per week. 

Accounting, clerical, service, and sales employees will be limited to 

40 hours per week on a monthly average and 48 hours in any one 

week. This class of employees will be paid at the rate of not less 

than $1 ~.00 per week. No one in this group will have his salary 

reduced on ace unt of any reduction in hours. Eighty per cent of 

the above minimun1 rates will be paid to office boys and girls and 

n1essengers. 

Factory employees will receive a minimum of not less than 40 

cents per hour, except in specified Southern States in which the 

minimum will be not less than 34 cents per hour. Equitable adjustment will be made of all rates above the minimum and no rates 

will be decreased. Eighty percent of the minimum rates is provided for apprentice , learners, and UJ?erannuated and eli abl d 

employees. There will be no distinction 1n rates between male and 

female employees engaged in the same work. 

CHILD LABOR 

The rrun1mum age. for employees will be 16 years, except in 

hazardous occupations, where the minimum will be 18 year . The 

members of the Indu try will submit a list of hazardou oc upations to the Code Authority within 30 day after the effective date of 

the Code. 

(48) 
49 

ECONOMIC EFFECT OF CODE 

The 40-hour limitation for factory workers results in an increase 

in employment of approximately 20 percent from the number employed prior to the President's Reemployment Agreement when the 

hours averaged 55 per week. Employees in 1932 numbered 6,300, a 

49 percent drop since 1929. Since the President's Reemployment 

Agreement was adopted in June, employment has been increased to 

8,000 persons. 

The minimum. wage rate of not less than 40 cents in the Northern 

States and 34 cents in the Southern section of the Industry will 

increase the general wage average about 30 percent. 

There are 155 companies in the Industry, 60 of these being members of the National Steel Tank Association and having 83 percent 

of the volume of business, which amounted to a total of $25,300,000 

in 1932. The Industry manufactures standardized metal tanks, 

which are assembled in the shop for use in water service, petroleum, 

and other industries. Sales in 1932 were only 28 percent of the 

capacity of the 155 companies, but with any increase in the construction industries reemployment should be rapid in this industry. 

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 

Metal Tank 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 theN ational Industrial Recovery Act. 

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

Respectfully, 

HUGH S. JOHNSON, 

Admini8trator. 
CODE OF FAIR COMPETITION 

FOR THE 

METAL TANK INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are submitted as a Code of 

Fair Competition for the Metal Tank Industry, and upon approval 

by the President shall be the standard of fair competition for this 

Industry. 

ARTICLE II- DEFINITIONS 

The followina words are u ed in this Code with the meaning set 

forth: 

"Industry" hall include the manufacture of standardize teel 

or other metal tanks and containers when shipped in a fini hed con- dition or when sold from a published price li t, including but not 

limited to, the items as generally set forth in Schedule A, but not 

including the· manufacture of such products when made by a pro- ducer of other equipment as part of his own products or as replace- ment parts and not for sale as separate tanks and containers for 

other usage. 

"Association" shall mean National Steel Tank Association. "Employee "- any person engaged in any pha e of the I ndu try 

in any capacity, receiving compensation for hi ervices, irrespec- tive of the method or nature of payment of such compen ation. "Employer "- anyone by whom such employee is compen ated or 

employed. 

' Member of the I ndustry "- anyone engaged in t he Indu try as 

above d fined either as an employer or on hi own behalf. "Apprentice "- a p rson (usually a minor) bound b in lenture 

to erve an employer for a tated term at a predetermined ''age 

for the period of ind nture in order to learn a trad , art or 

prof s ion. 

' Pr ident ", "Act", and "Administrator "- respectiv l 

President of the United States, the National I ndu trial R co ry 

Act, and the Aclministra,tor of Title I of aid Act. 

"Admini tration "-the National Recovery Admini trati n. 

ARTICLE III-H o Rs 

(a) No employee shall be p rmitted t work in ex e of eight 

(8) hours per day, whi h eight (8) hours hall be work 1 in any 

(50) 
51 

period of nine (9) consecutive hours, or in exce s of forty (40) 

hours per week, except 

(b) Firemen, engineer , and electricians engaged in the preparation care, and maintenance of plant, machinery, and production 

facilities and tock and hipping clerks, and delivery employees may 

be p rmitted to work not in excess of 8.8 hour per day; provided, 

however that no uch employees de cribed in thi paragraph (b) 

hall be permitted to work in exce s of forty-four ( 44) hours per 

week in any ix (6) week in any six (6) months' p riod. 

(c) 'Vatchm n may be permitted to work not in excess of fifty-six 

(56) hours per week. 

(d) Accounting, clerical, service, sales, and all other office employees may be permitted to work not in excess of forty (4G) hours 

per week on a monthly average, and not in excess of forty-eight ( 48) 

hours in any one week. 

(e) Any employee who e hours of work are prescribed under paragraph (a) or (b) hereof may, in cases of emergency production or 

repair work that cannot be met by the employment of additional employee , or in order to protect life or property, be permitted to work 

uch number of hours as may be required. 

(f) Any employee whose hours of work are prescribed under paragraph (a) or (b) hereof shall be paid at the rate of not less than 

one and one half times his ree;ular rate of pay for all hour worked 

by such employee in exce s o! the hours specified in paragraph (a) 

or (b), respectively. 

(g) No employer shall knowingly permit any employee to work 

for any time which, when totaled with that already performed with 

another employer or employers in this Industry, exceeds the maximum permitted herein. 

(h) Nothing in this Article III shall apply to or affect the employment of any executive, administrative, technical, or supervisory 

employee regularly receiving more than $35.00 per week, or any 

tra Yeling or commi sion salesman. 

ARTICLE IV-W .AGES 

(a) No employer shall pay any employee, except as hereinafter 

provided, les than at the rate of forty ( 40) cents per hour; provided, however, that any employer in the South may pay any employee not les than at the rate of thirty-four (34) cents per hour. 

The South, for the purpo es of this Article IV, hall include all the 

United States located South of Maryland, 'Vest Virginia, and 

Kentucky and ea t of the Mississippi River. 

(b) No employer shall pay any o.ld or partially di a bled employee 

or watchman le ·s than at the rate of eighty (80) percent of the rate 

prescribed in paraaraph (a) hereof; provided, howe-ver, that no 

employer shall employ any such employees and watchmen in an 

aggregate number in exce s of five ( 5) percent of the total number 

of employees of t;uch employer; provided, further, however, that 

any employer may employ not less than two (2) such mployees or 

watchmen. 

(c) No employer hall pay any apprentice or learner less than at 

the rate of eighty ( 0) percent of the rate prescribed in paragraph 
52 

(a) hereof· provided, howev r that no employer shall pay any appr ntice or I arner l ss than at th rut prescribed in paragraph 

(a) hereof after uch appr nti or l arn r hall ha e be n employed 

in the Indu try in exce · · f three ( ) n onth · provid d furth r 

that no employ r hall employ any u h apprentic an 1 learn rs 

paid les · th n at the rat pre · ribed in para raph (a) hereof in an 

aggregate numb r in e.- of fi e ( 5) p r ent f th t tal numb r 

of employe mplo d by su h employ r upon pr ducti n work. 

( cl) r o em lo rer ·hall pay any accoun ing, clerical ervice ales 

or other offic mplo3 l , than at th rate of $15.00 per week· 

provide 1, however, that offic bo an l girl may be paid not 1 ss 

than at the rat of eighty ( 0) p r ent of the said rate of $15.00 

per e.k · pro ided further, h wev r, that no empl er hall employ 

uch office boy and girl paid le. s than at the said rate of $15.00 

per week in an a<rgregat number in .- of five ( ) perc nt of the 

to al numb r of accounting, I rical . r ice al or other offi e 

mployees mployed by such employer. 

(e) The wage differential f r all op rations an l oc up a tions hall 

be equitably readjusted, provided that in no ca ·e hall any such 

differential b de rea e 1. Each employer hall report all such readju tments made b. him to the Code Authority within thirty (30) 

days following the effective date of this ode. 

(f) No m mber of the Indu try shall subcontract with any other 

per on for the fabrication of any product of the Indu try except on 

condition that such other per on shall comply with Articl s III, IV, 

an l V hereof for the purpose of the ontract. 

(g) No member of the Indu try shall contract with any employee 

for he fabrication of any product of the In lustry under any concliti n by which such employee may engage other per ons to fabricate 

such product, or may become a ubcontractor for the purpose of such 

fabrication. 

(h) No employee of the classes mentioned in paragraph (d) of 

Arti le III who is now receiving compen ation at a rate in exce s 

of the minimum provided shall have his compensation r duced on 

account of any reduction in the weekly hours of employment to conform with the requirements of this Code. ( i) 'Vhere an employee's weekly earnings on piecework are l ss 

than his weekly earning at the e tablishe l hourly rate for his class, 

uch employ e shall be paid an amount not less than his ekly earning· at the e tablished hourly rate for his lass. 

(j) No eli tinction in rate shall be mad between male and f mal 

mployee. where nb tantially the same cla s of work is p rform d, 

re ·arcUes f whether compensation is cal ulated on an hourly, 

w ekly, monthly, piecework, or other ba i . 

(k) No member of the Indu try hall reclas if emplo es or 

duti s of occupations performed by employees so as to defeat the 

purpo es of the Act. 

(I) Nothing in this Article IV shall apply to or aff ct any ou ide 

sal man compen ated on a commis ion a is. 

ARTIOLE V-CHILD LABOR 

No person under sixt en (16) years of age shall b mployed in 

this Industry, nor anyone und r eighteen (18) years of age atop ra-
53 

tions hazardous in nature or detrimental to health. In any State 

an employer shall be l emed to have complied with this provision 

if he shall have on file a c rtificate or permit duly i sued by the 

Authority in such State empowered to issue employment or age 

certificate or permit hawing that the emploJ ee is of the required 

age. 

Each member of th~ In lu try hall submit to the Code Authority 

within thirty (30) day f the effective late of this Code a list of 

hazardous occupations. 

ARTICLE VI-Anl\II:NISTRATION 

1. To further effectuate the policies of the Act, a Code Authority 

is her by set up for the administration of this Code. 

(a) The Code Authority shall con ist of even (7) representatives 

of the Association (no two of whom shall-represent the same member 

of the Association), two (2) representatives of nonmembers of the 

As ociation if the nonmembers so desire, and one or more appointees 

of the Administrator if he o desires. Such appointee or appointees 

of the Administrator shall have no vote. The repre entative of 

the Association shall be elected by members of the A sociation, each 

member to have equal vote. The representative or representatives 

of the nonmembers shall be elected in like manner by the nonmembers. The Code Authority shall complete its own organization by 

the election of officers and appointment of agents, subject to the 

approval of the Administrator. The members representing the Association will, insofar as possible, be truly representative of the 

various sections of the country and of the various products of the 

Industry. The members repre enting the Association will be elected 

at the meeting of the Association to be called and held promptly after 

the approval of this Code by the President, and thereafter at each 

annual meeting thereof. 

(b) In order that the Code Authority shall at all times be truly 

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 representati'e or does not in other 

respects comply with the provisions of the Act, he may require an 

appropriate modification m the method of selection of the Code 

Authority. 

(c) Any member of the Industry is eligible for membership in 

the Association and there shall be no inequitable restrictions on such 

membership. Any member of the Industry may participate in the 

preparation and any revision of and additions or supplements to 

this Code by assuming his share of the re ponsibility of administering it and paying his proper prorata share of the cost of creating 

and administering it, either by becoming a member of the Association or by paying his proper share of the costs to the Code Authority. 

There shall be no initiation fee for members of the Industry who 

do not become members of the Association. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act, subject to the right o:f the Administrator, on review, to approve or disapprove any action taken 

by the Code Authority. 
54 

(a) To collect from member of the Industry all data, reports and 

stati tic when and as required by the Pre ident andj or the Administrator and/ or their agent or agents andj or the ode Authority. Such 

information hall be confidential. Each uch member hall send his 

data io-n d by him r hi prop r agent to a N utral Ao-ency de ignatcd o the ode Authorit. in a plain env loJ?e contained in an 

envelope ad lre ·ed to th utral Ao-ency. Tlu Neutral Ao-ency 

hall a. mble all ·uch data and present to the Code Authority only 

the combin l total . Ea h such member hall retain c pies of his 

own data to be ent direct by him to the Admini trator if required 

by th latter. Rer ort ubmitte l by the od e~ uthority to th Pr ident and/ r th lmini trator shall be in the form pre cribed andj or 

approv d b him. 

(b) To repre ent th" Indu try in conferring with th Pre ident 

or hi ag nt with r e pe t to the admini tration of this Cod an in 

respect to the Act and any regulation is ue l thereunder. 

( ) To receive complaints of violation of thi Code, make in,·estiga ion thereof, provide h arings thereon and attempt to adju t uch 

com1 laints, and bring to the attention of the Administrator for prosecution, recommendations and information relative to unadju ted 

complaints. 

(d) To coordinate the administration of this Code with such 

Code , if any, as may be adopted by any subdivision of this Industry, 

or any related Indu try, with a view to providing joint and harmonious action on all matters of common interest, all with the approval of the Admini trator. 

(e) To study the trade practice provisions of Article VII and 

the operation thereof, and make recommendations from time to time 

to the Admini trator which it deems desirable for modification or 

addition thereto, which upon the approval of the President, after 

such hearing as he may prescribe, shall become a part of this ode 

and have full force and effect as provisions hereof. 

(f) To make rules and reo·ulabons necessary for the administration of this Code, subject to the right of any affected person to appeal to the Administrator. 

(g) To establish uniform pecifications for the types and sizes of 

the product of the Industry. \Vhen such uniform pecifications 

have been prepared and published to the Indu try, no member of the 

Indu try hall lrnowingly sell or offer to sell any product of the 

Indu try which does not conform to such uniform specification xcept as provided in paragraph ( n) of Article VII. Th Administrator shall haYe the right, upon re' i w, to disappr Ye any uch 

specification . (h) In addition to in£ rmation r qui red to be submitt d to the 

Code Authority there shall be furni h d to Government agencies 

such tati tical information a the Anmini trator may d em nece -

sary for the purpo e r cited in S ction 3 (a) of th Act. 

AnTI LE \ II-U XF rn PR \. TI RS 

SECTION 1. For all purp e of thi · c1 th foll \Tiner a t hall 

con titut unfair practi e and ea h u h a t hall be a vi lati n of 

this Code. 
55 

(a) Inducing or attempting to induce a breach of ontract to 

whiCh a member of the Industry is a party. 

(b) Making false or misl ading tatem nts or descriptions, false 

advertising, or misbranding products. 

(c) Disseminating, pubhshing, or circulating any false or misleading information relative to any product or price for any product of any member of the Industry, or to the credit standing r ability of any member thereof to perform any work or manufacture or 

produce any product, or to the conditions of employment among the 

employees of any member thereof, having the tendency and capacity 

to mi lead or deceive purchasers or prospec i ve purchasers and/ or 

to affect injuriously the business of competitors. 

(d) For the purpose of inducing or influencing a sale, making or 

offering to any purchaser or prospective purchaser of any product, or 

to any officer, employee, agent, or representative of any such purchaser or pro pective purchaser, any bribe, gratuity, gift, or other 

payment or remuneration, directly or indirectly. 

(e) For the purpose of inducing or influencing a sale, directly 

or Indirectly, and lavishly or exce sively entertaining purchasers or 

prospective purcha ers of the products of the Industry. 

(f) For the purpose of inducing or influencing a sale, paying or 

offering to pay specific advertising costs of any purchaser not offered to all purchasers or prospective purchasers under like terms 

and conditions. 

(g~ Obtaining or endeavoring to obtain business by threats or 

coerciOn. 

(h) Selling or offering to sell shopworn, obsolete, or second-hand 

products of the Industry without filing description, prices, and terms 

with the Code Authority before sale thereof, and securing approval 

from the Code Authority for such sale or offer to sell. I£ and when 

such offer to sell is approved, the Code Authority shall promptly 

notify all competitive members of the Industry of the description, 

prices, and terms of such proposed offers so filed. 

(i) Selling or offering to sell any products of the Industry made 

from any but new material, it being the intention to prohibit the c:ale 

or offer of sale of any products of the Industry made from steel or 

other material which has theretofore been in use for any purpose 

what oever, or which has not been purchased by the member of the 

Industry from a manufacturer or seller as new mat~rial: 

( j) U sino· seconds or other than first-grade matenals In the manufacture of ~ny :I?roducts of the Industry without clearly and conspicuously stenciling such.products "~fa.de £~om seconds" ~nd unless 

they are de cribed, advertised, sold, and Invmced as such without any 

form of guarantee as ~o service or ~e~gth of life. . . (k) Selling or offermg to sell,. billing, .or c~argn~g for a combi?-ation or assembly of regularly hsted units, Including or excluding 

installation, without li ting and pricing each such unit in the quotatation and invoice. 

(l) Selling or offering to sell, billing, or ~har.ging f~r any sa~e 

on a quantity discount basis unle?s the q~antity 1s definitely spe~Ified in the order and is to be sl11 pped, billed, and charged w1thin 

ninety (90) days and paid for on regular terms. 
56 

(m) For the purpo e of indu ing a sale buying or offering to 

buy directly or indir ctly from purcha er or pro p ctive purcha er of th produ t f the Indu try, apital tock, goods, wares, 

and/ or merchandi e. 

(n) ellinO' r offerinO' to ell on nonstandard ~pecifi ations without fir t cl arly ettinO' f rth in writinO' to the Code uthority all 

d viation fr m tandard p ifi ation . ( o) Guarant ing ao-ain t ad ance and d lines in prices of the 

product of th Industry, and the giving of notice to a purcha er or 

pro pective pur ha er f price hang in a \ance of uch notice to 

the od Authority a provid din paragraph (a) of Article VIII. 

(p) :Makin<Y or off ring to make contracts with pur ha ers or 

pro pective purcha r whi h provide for price reductions or r bates 

on th ba i f combining separate orders. 

( q) ConsiO'ning or offering to consign products of the Indu try to 

be paid for as sold. 

(r) A cepting or off ring to accept second-hand products of the 

Indu try a payment in whole or in part, for product of the 

Indu try. 

( ) ChanginO' quotations, except to adju t uch quotations to 

change in specifications or to correct bona fide error , in order 

tom tor better competitive prices. 

(t) StorinO' of products of the Industry on the property of any 

u er or _purcha er or prospective purchaser thereof. 

(u) Selling or offering to sell below individual's cost. The Code 

Authority hall within ninety (90) days from the effecti e date of 

this code determine a uniform method of cost accounting ubject 

to the approval of the Admini trator, to be used by all members of 

the Industry in determining cost. 

( v) ~1akmg or offering to make to a purchaser or pro pective purchaser a guarantee or warranty more liberal than determined from 

time to time by the Code Authority and approved by the Administrator. 

SEc. 2. Any deviation from the standards set forth in this Article 

VII, or any amendments thereto, by any member of the Indu try, 

either directly or indirectly through a distributor or anyone l e, 

shall be con idered an unfair method of competition and a violation 

of this Code by such member. 

ARTICLE VIII-TERMS AND PRICES 

(a) ince it has been the generally recognized practice of the 

Indu try to sell produ ts on the ba is of printed net pric li ts 

or price li ts with di count heets and fixed term of paym nt which 

are distributed to the trade, each member of the Industry hall, 

within five ( 5) days after the effective date f this Cod , file with 

the Code Authority n t price li ts or pri e li t and di c unt h ts 

as the ca e may be, individually prepare by him, h ' in hi urrent net price , or prices and di counts an term of pa 111 nt. ufficient copie and revi ions th reof of print d net price li t r 

price li t with isc unt h t and fixe t rm f payn nt hall be 

furni hed to the Code Authority for di tribution by it to the m 111-
57 

hers of the Indu try affected thereby. Revi ed net price li ts or 

price lists with discount beet may be fil d from tim to time 

thereafter with the Code Authority by any member of the Indu try 

to become effective upon a date specified by uch memb r of the 

Industr[, which date shall be not le than ten (10) days after the 

filing o such revi ed prices at the office of the Code Authority, and 

copies thereof, with notice of the effective date pecifie l, shall be 

irrunediately sent to all known members of the I ndustry affected 

ther by, who may file, if they so de ire, revi ions of their net price 

li ts or price li ts with discount sheet , which, if filed not les than 

five ( 5) days previous to such effective date, shall take effect upon 

the date when the revised net price lists or price li ts with discount sheets first filed shall go into effect_. 

(b) No member of the Industry shall sell any product of the Industry at price discounts, or terms of payment different from the 

schedule of such member on file with the Code Authority as above 

provided. 

(c) The operation of the foregoing provisions in regard to price 

lists shall at all times be subj ect to the approval of the Admini trator 

and, if it be the belief of the Code Authority that any net price lists 

or price lists with discount sheets and fixed terms of payment sub- mitted will represent sales below the co t of the member submitting 

same, the Code Authority shall conduct an investigat]on up to the 

limit of its power under the Act, to determine whether any sales in 

accordance with such submitted price lists will constitute a violation 

of paragraph (u) of Article VII forbidding sales below co t. If it 

is determined by the Code Authority that any such sale will constitute 

a violation of said paragraph (u) of Article VII, the Code Authority 

shall without any delay report said member to the proper authorities 

for prosecution to the full extent provided by the Act. 

ARTICLE IX-GENERAL 

(a) Employees shall have the right to organize and bargain collec- tively through representatives of their own choosing, and shall be 

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

labor, or their agents, in the designation of such repre entatives or 

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

of collective bargaining or other mutual aid or protection; 

(b) No employee and no one seeking employment shall be required 

a a condition of employment to join any company union or to 

refrain from joining, organizing, or as isting a labor o.rganization 

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 

ar pre cribed by the President. 

(d) This Code and all the provisions thereof are expres ly made 

ubject to the right of the President, in accordance with the provi ions of Section 10 (b) of the Act, from time to time to cancel 

or modify any order, approval, license, rule, or regulation issued 

under Title I o.f said Act and specifically, but without limitations, 

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. 
58 

(e) Within a h state this Code shall not super de the laws of 

any uch state impo ing more tringent requirem n r gulating 

the age of employe , wag hour of work or health, fire, or general 

working conditions, than un r this Code. 

(f) \Vh re the co t of exe uting contract entered into in the 

In lu try are in r a e 1 as a re ult of the nactment of the Act and 

by th provi ion of thi od or wh re any contracts nt red into 

by an employer subject to this ode, are incon ist nt with the proYi ion ther of it is equitable and promotive of the purpo es of the 

Act that appropriate adjustments of such contract be arrived at 

by arbitral pro ee inCYs or otherwise, and with the istance of 

the Code uthority memb rs of the Indu try hould make u h 

a.dju tm nt but not in tho e ca es involving the same general transa tion or et of tran actions where similar appropriate adju tm nts 

ar not made with the m mbers of the In ustry. Further that 

here the p rformance of orders accepted prior to the :ffecti ve date 

of this Code is l layed or prolonged as a result of the operation 

of provision of this Code, appropriate additional time should be 

allowed for the completion of such orders. 

(g) Such of 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 the 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 of the President to prevent unfair competition in pri and other unfair and de tructive competitive practices and to effectuate the other purposes and policies of Title I of 

the Act con istent with the provisions thereof. 

(h) No provision in this Code shall be interpr'-'ted or applied .in 

such manner as to: 

( 1) Promote monopolies or monopolistic practices ; 

(2) Permit or encourage unfair competition; 

3) Eliminate or oppress small enterprise; or 

4) Discriminate against small enterprises. 

i) If any employer in this Industry is also an employer in any 

other Industry, the provisions of this Code shall apply to and affect 

only that part of the business of such employer which is a part of the 

Indu try covered by this Code. 

(j) Each employer shall post in conspicuous places full copies of 

this Code. 

ARTICLE X-EFFECTIVE D ATE 

This Co e hall become eff ctive ten (10) days after the date of 

its approYal by the President and shall apply to all persons engaged 

in the Industry. 

Approve 1 d No. 154. 

Registry No. 1136-01. 
SCHEDULE A 

Glass 1.-Bulk Storage Tanks, Horizontal and Vertical, for petroleum products and other liquids to be used for pressures not to exceed fifty (50) pounds 

per square inch, including steel supports, ladders, and walkways for same. 

Underground Storage Tanks for petroleum products and other liquids of the 

type used for Filling Station and dome tic purpo es. Tractor Tender and 

Skid Tanks and other tank for petroleum products and other liquids. 

Glass 2.-Hot-Walter Storage Tanks and Hydro-Pneumatic Tanks, 120 gallons 

and over. 

Glass 3.-Air Recei>er Tanks. 

Glass 4.-Septic Tanks and Basement Storage Tanks and/ or supports for 

fuel oil. 

Glass 5.-Truck and Trailer Tanks. 

(59) 

0 
UNIVERSITY OF FLORIDA 

111 11 1111111111111111111111 111111 111111111111/lllllllllllllllll l 

3 1262 08856 1229