NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITJON 

FOR THE I 

STOKER INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 1399-1-13 

The Code for the Stoker Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNIV. 01' FL Ll . 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Supel"in tendent of Documents, Was hington, D.C. - - - - - - - - Price 5 cents 

v 

NATIONAL INDUSTRIAL RECOVERY CODE FOR THE STOKER 

INDUSTRY 

(Chicago, Illinois, July 25, 19B3) 

The President and Congress of the United States by the enactment of the National Industrial Recovery Act, have declared the 

existence of a national emergency, productive of widespread unemployment and disorganization of industry, which conditions seriously 

affect the Stoker Industry. 

By the provi ions of said Act and for the purpose of securing 

cooperative action among trade groups, of eliminating unfair competitive practices and of generally rehabiliating industry, the President of the United States is authorized and empowered to approve 

codes of fair competition for the several industries of the country. 

The Stoker Industry, through the Stoker Manufacturers' Association, a voluntary association comprising a representative group 

of manufacturers and distributors of stokers, has compiled the following rules and regulations into a code of fair competition for 

the Stoker Industry and submits same for approval and enforcement in accordance with the provisions of said act. 

I-PURPOSE 

A. This Code is set up for the purpose of establishing fair and 

adequate wages, effecting necessary reduction of hours so as to spread 

the work, improving standards of labor and eliminating unfair trade 

practices, to the end of stabilizing the stoker industry and enabling it 

to do its part toward reducing and relieving unemployment. 

B. Any member of the industry may participate in the Code and 

in any revision or addition thereto and receive the benefits thereof 

by accepting the proper pro rata share of the cost and responsibility 

of creating and administering it, either by becoming a member of 

the A sociation or by paying to it an amount equal to the charges 

paid by a member in like situation of the Stoker Manufacturers' 

Association. 

C. It is the declared purpose of this Code: 

1. To insure firm bids. 

2. To insure fair and adequate prices for material furnished 

and services rendered. 

3. To eliminate unreasonable and unjust requirements of buyers. 

4. To respect patents, registered trade-marks, trade-name , and 

design or appearance of equipment. 

5. To preserve the moral and legal rights of members to the ale 

at fair prices of repair and renewal parts for machines of their 

manufacture. 

8685-33 (1) 
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(Local foundries, machine shops, firms and persons engaged in 

the metal and machinery trades have engaged in the repair parts 

business of stoker manufacturers duplicating parts which the stoker 

manufacturer has designed and developed at considerable engineering expense which the local foundry does not have to include in their 

cost. Their interests are diametrically opposed to the stoker manufacturers in that their profit comes from increased tonnage while 

the stoker manufacturer is interested in low maintenance of his 

equipment. 

Furthermore, the stoker industry depends largely for its livelihood during periods of low business on the normal repairs of 

existing stoker installations, and protection is therefore necessary 

in the prevention of encroachment on this business of stoker ~anufacturers.) 

II-LABOR 

On and after the date this Code becomes effective, the minimum 

wage that shall be paid employees in the stoker industry shall be at 

the rate of thirty-five (35c) cents per hour for not to exceed forty 

( 40) hours of labor per week, with the exception as to hours of the 

following classes of employees: 

Repair-shop crews, engineers, electricians, firemen, supervisory 

staff, shipping, office, watching, outside installation and service personnel, and salesmen. Apprentices shall be paid not less than 

twenty (20c) per hour. No person under sixteen (16) years of age 

shall be employed. 

As required by Section 7 A-Title I of the National Industrial 

Recovery Act, the following provisions are conditions of this Code: 

"(1) That 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 agents, in the designation of such representatives or 

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

of 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 con1ply with the maximum hours of labor, minimum rates of pay, and other conditions of 

employment, approved or prescribed by the President." 

(a) It is clearly understood that nothing in this Code shall impair 

in any particular the Constitutional rights of the employer to protect 

his business and property from the unlawful activities of others. 

(b) It is clearly understood that nothing in this Code shall impair 

in any particular the Constitutional rights of the employee and employer to bargain individually or collectively as may be mutually 

satisfactory to them; nor does it impair the right to operate an open 

shop. 

(c) Nothing in this Code is to impair the Constitutional rights of 

employers to freedom in the selection, retention, and advancement of 

employees. 
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(d) If any employer of labor in the stoker industry is also an 

employer of labor in any other industry, the provisions of the Code 

shall apply and affect only that part of his business which is 

included in the stoker industry. 

III-MINIMUM STOKER PRICES 

.Sound economic princi pies require the sale of all stokers and 

auxiliary equipment at such price or prices as will realize to the 

manufacturer and/or distributor the cost of production or purchase, 

plus a reasonable margin of profit. 

Cost shall be computed in accordance with standard accounting 

practice and the rules and regulations promulgated by the Bureau 

of Internal Revenue for the determination of Federal income taxes. 

A cost committee of the Stoker Manufacturers Association is now 

ascertaining facts and data essential to the accurate determination 

of costs and to provide uniform costing methods in the industry. 

Failure to maintain prices on aforesaid basis shall be deemed a 

violation of this Code. 

IV-OTHER ITEMs OF UNFAIR CoMPETITION · 

(a) The circulation of threats of suit for infringement of patents 

and trade-mark , not made in good faith but for the purpose of 

harassing and intimidating customers and pro pects, shall be considered an unfair trade practice and is in violation of this Code. 

(b) The acceptance of contracts with penalty clauses whether for 

delay in shipment or completion, or failure to meet guaranteed performance unless an equitable bonus is paid for shipment, or completion before the specified time, or for performance in excess of guarantee, shall be considered an unfair trade practice and is a violation 

of this Code. 

(c) To resell any auxiliary equipment at less than fair prices as 

determined in paragraph III of this Code, shall be considered an 

unfair trade practice and is a violation of this Code. 

(d) The making, causing, or permitting to be made, of any false 

or deceptive statements, either written or oral, concerning the business policy of a competitor, his product, selling price, financial, business, or personal standing, shall be considered an unfair trade 

practice and is a violation of this Code. 

(e) For a company which manufactures and sells allied equip- ment or owns subsidiary companies manufacturing such products 

to quote a price less than the normal selling price of any product in 

an endeavor to influence the sale of all or part of the products offered 

for the purpo e of lessening competition or injuring a competitor 

shall be considered an unfair trade practice and is a violation of 

this Code. 

(f) The secret payment of allowances or acceptance of rebates, 

commissions, credits, discounts, or like concessions, whether in the 

form of money or other valuable thing, or any secret understandings 

or agreements to do work or to furnish material on terms other 

than those set forth in the specifications and contract, shall be considered unfair trade practices and are violation of this Code. 
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(g) Inducing or atten1pting to induce, by any means or device 

what oever, the breach of contract between a competitor and his 

customer during the terms of such contract shall be considered an 

unfair trade practice and is a violation of this Code. 

(h) All installment stoker sales contracts shall specifically state 

price of machine and equipment, either installed or f.o.b. some definite point, with terms of payment definitely tated with a minimum 

down payment of ten ( 10%) percent on domestic or household 

stokers and five ( 5%) percent on small commercial tokers and equal 

payments at regular specified intervals, periods of such payments 

not to exceed thirty (30) months from date of installation, no contract to be based on fuel saving alone, any deviation to be con i lered 

an unfair trade practice and in violation of this Code. 

(i) Misrepresentation, or the making, causing, or permitting to 

be made, or publishing, of any false, untrue, misleading, or deceptive 

statement, by way of advertisement, or otherwise, shall be con idered 

an unfair trade practice and is a violation of this Code. 

(j) To accept liability for replacements other than tho e due to 

defective material or inferior workmanship and in such ca es for a 

period of more than one year after date of installation, shall be 

considered an unfair trade practice and is a violation of this Code. 

(k) To make any guarantees on any apparatus or material not 

fabricated by the stoker manufacturer, other than those made by the 

supplier of such apparatus or material, shall be considered an unfair 

trade practice and is a violation of this Code. 

(1) For a stoker manufacturer and/ or distributor to solicit the 

repair or renewal-parts business of stokers other than those of their 

own manufacture shall be considered an unfair trade practice and is 

a violation of this Code. 

(m) To make any acceptance tests for either efficiency or capacity 

in a n1anner other than according to tandard American Society of 

Mechanical Engineer rules shall be considered an unfair trade practice and in violation of this Code. 

v 

This Code and all the provisions thereof are expressly rna le subject 

to the right of the President, in accordance with the provi ion of 

Title I, Clause 10 (b) of theN ational Industrial Recovery Act, from 

time to time to cancel or modify any order, approval, license, rule, 

or regulation, issued under said Act, and specifically to the riO'ht 

of the President to cancel or modify his approval of thi Code 

or any conditions imposed by him upon his approval thereof. 

VI 

Such of the prov1 1ons of this o le as are not requir d t be 

included therein by the National Indu trial Recovery ct may, with 

the approval of the President, be modified or eliminated a change 

in circumstances or experience may indicate. Thi od hall govern 

the indu try for four (4) months from its effectiv dat . It i contemplated that from time to time supplementary pro i ion of this 

Code or additional code will b submitte l for the approval of the 

Pre ident to pr ' nt unfair ·omp titi n in I rice and oth r unfair 
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and destructive competitiYe practice an l to effectuate the other 

purposes and policies of Title I of the National Industrial Recovery 

Act consistent with the provisions· hereof. 

VII 

The Stoker Manufacturers' Association is hereby designated the 

Agency for administering, supervising, and promoting the performance and observance of the provisions of the Code by the stoker 

manufacturing industry. 

This Code for the Stoker Industry, in accordance with theN ational 

Industrial Recovery Act, was approved unanimously by the Stoker 

Manufacturers Association assembled for that purpose in Chicago, 

Illinois, on July 24--25, 1933. 

Respectfully submitted. 

SToKER MANUFACTURERs' AssoCIATION, 

By vV. H. REA, P?·esident, 

By MARC G. BLUTH, Secretary. 

Chicago, Illinois, July ~5, 1933. 

0 
UNIVERSITY OF FLOR IDA 

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