Code of fair competition for the refractories industry

MISSING IMAGE

Material Information

Title:
Code of fair competition for the refractories industry as approved on December 18, 1933 by President Roosevelt
At head of title:
National Recovery Administration
Physical Description:
p.255-276 : 1 folded chart ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Refractories industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code no. 168".
General Note:
"Registry no. 1034-1-01".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860869
oclc - 31966492
System ID:
AA00006608:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



C ODE OF FA IR C OMRPET IT ION

FOR THE


REFRACTORIES INDUSTRY

AS APPROVED ON DECEMBER 18, 1933
BT
PRESIDENT ROOSEVELT


For sale by the Superintendent of Documents, WVashington, D.C. - Price 5 cents


Approved Code No. 168


Registry No. 1034--1-01


WE DO OUR PART








1. Executive Order
2. Letter of Transmittal
3. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


r/
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, W'ashington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT O~FFCES OF TRHE DEPARTMENT OP COMMERCE

Atlanta, Ga.: 5111 Post Offce Building.
iBirmingham1, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
i Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallasi, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 2213 F~irst National Bank Building.
Hlouston, Tex.: Chlamlber of Commerce Building.
Judinanpolis, Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kiansas City, n10.: 1028 Baltimore Avenue.
SLos Angeles, Onlif.: 1163 South Broadwany.
j Louisvillo, K~y.: 408 Federal Building.
M Bemphis, Tenln.: 229 Federal Building.
M~inueapolis, Milnn.: 213 Federal Building.
N~ew Orleans, La.: Room 225-A, Customhouse.
Newr York, N.Y.I: 734 Custombouse.
Norfolk-, Va.: 406 East Plume Street.
Philadelp~hia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Settle, Wansh.: 800 Federal Building.













Approved Code No. 168


CODE OF FAIR COMPETITION
]FOR T[E,

REFRAtCTORIES INDUSTRY

Aks Approved onr Decemnber 18, 1933
BY
PRESIDENT ROOSEVELT


~I


Executive Order

An1 application having been duly made, pursuant to and in full
compliance withl the provisions of TCi~tle I of the National Industrial
Rtecoveryg Act, approved June 1t6, 1933, for _my approval of a Code
of 1Fair Competition for the Refractories Industry, and hearings
having been held thereon and the A~dministrator having rendered
his report containing an analysis of the said Code of F'air Competi-
t~ion, together wlith his recommendations and findings with respect,
thereto, and the Administrator having found that the said Code of
F'air Clompetition complies in all respects with the pertinent provi-
sions of Title I of said AIct, and that the requirements of Clauses (1);
and (2) of sub~section (a) of Section 3 of the said Act have been
met :
NOW, THEREFORIET, I, Franklin D. Roosevelt, 1President of thle
United States, pursuant to the authority vested in me by Title I
of the National Indlustrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report and recommnenda-
tions and findings of the Administrator, and do order that the said
Code of Fair Competition be, and it is hereby, approved.
FRANKINIIE D. ROOSEVELT.
Approval recommended :
HUGH~ S. ~OHNSON,
Adm~~in~istr'ator.
THE V'HITE HOUSE,
December 1f8, 1933.
(255)


276419"---296--168 38











DECEMBER 5, 1933.
The PRESIDENT,
The Whitie HE2ouse.
SmR: This is a report on the Code of F'air Competition for the
Refractories Industry, the hearing having been held in Wa~shingaton
on the 25th day of Octob~er in accordance wiith thle provisions of the
National Industrial Recovery Act.
PROVISIONS AS TO HOURS AND W'AGES

Employment is limitedl to eight hours per dlay and forty hours per
week to be av~eralged over a thirty-dlay period withi the exception of
those employ~eesi engaged on emergency maintenance and 'or repair
work or in cases wvher~e the reduction of hours of highly skilledl work-
ers and those whose hours of labor in out-of-door operations are
affected by inclement weather, would unnvoidably reduce or delay
employment of others~ or cause damage to equipment or products.
These exceptions are limnitedl to tenl percent of the total number of
employees of any one plant. Exemptions ar~e made for executives
and employees in a mnanageria'l, advisory, or technical capacity re-
ceiving more than thzir~ty-five dollars per w\eek~; and wantchmnen; pro-
vided, that wlatchmen shall not. wrorka more than six dlays nlor mnore
than fifty-six hours per weekr.
Miinimnum rates of wavges of from 40 to 32 cents per hour are estab-
lishied for the various industrial districts of the Northi with a mnini-
muml of 25 cents in thfe Southb. Rates below 32 cents w~ill be raised
by t~he Ilndustr~ial ]Relations Boar~d if the Codes of other comparable
basic natural r~esource industries later provide higher rates.
N~o ditfer~entiationi is made between female and mnale employees;
no one under eighteen years shiall work underground and nio one
under sixteen years sjhall be employed.
Thle minimrrum weekly slalarpy of 15.003 per w~eekr is established in
cities of 500,0100 population or over; $~14.50 p~er' week in cities of over
250,000 and niot exceeding 500,000, and $14.00 per wreeki in cities of
less thanl 250,000.
ECONOMIIC E1FFEC'T OF THE CODE

Previouls to thle adoption of t~he President's Reemploymnent Agree-
menlt this Indlustry, whlich includes approxim'ately 350 firms, emu-
playedi about .15,000 employees whic~h w~as increased in August 1933
to a7yppoxim'ately 20,000. Dur~in: Ithe year 1938 the Industry w~as
op~erating at only 15 percent of capacity, which has increased at this
time to about 20 percent of' cap~acity. Fully 50 percent. of the prod-
ucts of the Industr~y are sold to the iron and steel indlustrry, and the
prosperity of the IndtustryS depends upon ge~neral m~anufacturing
conditions. The invested capital of the Industry is about $150,-
000,000, andc the value of its products averaged $455,000,000 dur~ingr
the past five y'ears3.







257


While the number of employees in the Ilndustry has increased 80
percent since March 1933 thne pay-roll increase has been 150 percent.
TheB schedule of hours represenlts a drop from an average maxoinum
of 60 in 1982 to a maximumn of 40 under ther Code, which should pro-
vide for a large increase in employment with anyr upturn of busi-
ness. Labor costs comprise approximately 70 percent of the total
cost of production.
FINDINGS

The Administrator finds that:
(a) The Code as :recommnendled comlplies in all respects with the
pertinent provisions of TIitle I of the -ALct incluldinga, without limi-
tation, subse~ction. (a) of Section 7 and subsectionl (b) of Section 10
thereof ; and that
'(b) T1he applicant group imposes no inequitable? restrictions on
admission to membership therein and is truly representatives of the
Refractories Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to elimlinate 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 Recovcery Act.
It is recommended, therefore, that this Code he approved.
Respectfully,
Huan H13. JTouxson, Adnni~LStrator.














FOR THE
REFRACTORIES INDUSTRY


ARTICLE I DURIPOSES

ToQ effectuate the policies of Title I of the National Inldustrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Refractories Industry and shall be binding
on every mnemrcber thereof.
A-RTCLE II DEFINITIONS

1_. Th~e term Refractories Industry as used herein includes the
mining and/or producing and 'or manufacturing and/or processing
of refractories and t~he selling by miners and:'or p~rodlucers and/'or
manufacturers and/ror processors and,/or sales agencies other than
dealers of r~efrnetor~ies as herein defined. The products of the
Industry are as shown in Schedule I hlereto attached.
2. Tlhe term Employee as used herein includes any person
engagedl in any phase of the Indtustry in any calpacityT in the nature
of employees~ irr~esp~ective of the nature or mlet~hod of paymelnt of
18s compensatlOn.
3. Tlhe te~rm Emlployer "' as used hlerein includes anyone for whose
benefit such an employee is so engagredl.
4. The term M1\ember of the Indu~stry includes any producer,
manullfa~ctfurer, processor, or employer of labor in the Industry who
shall be subject to this Code.
5. The term "L Member of the Code includes any member of thiis
Industry who shall signify assent to this Code.
6. The term Effective date as used herein mieans the date this
Code shall betcome effective after it shall be appr~ovedl by the Presi-
dent of t~he Unitedl States.
7. The ter~ms President ", "Act andl "Aidministrator as used
herein shall mean respe ctive~ly : the president of the United States,
Title I of the National Indust~i~al Recovery Aict, and the Admnin-
istrator for Indlustr~ial R1ecovery of the said Act.
8. The terml Base Prices as u~sed herein means t~he prices for
those! standard products developed and established by custom in the
industry and/or the livisions thereof.

RTIC'LE 111--PARTICIPATION

All members of the Refractories Industryv may participate in this
Code and unv subsequent addition or revision of the code by accept-
(238)


CODE OF FAIR COMPETITION






259


ingr and paying their proportionate sharlle of tihe cost and r~esponsi-
bii~ty as well as the benefit of suchl partic~ipation~ by becomingO a
Memilber of the Amnerican Refractories I~nstitu~te or by pay!ingr to t1he
American Refractories Institute their proportionai~tc share of the
expenses of administering thlis Code on the same basis as paid by
members of the Institute, with~ the exceptionl of the expenlses of the
technical anld research wvorkz conducted by the Institute~ at the Mellon
Institute of Industrial Research at Pittsbul~rgh. All other activities
of the American Refractories Institute shall be in. administering this
Code of Fair Comlpetition. At each mleetingF of the Membert~ ls of
t~he Code, or if a vote on any question shall be takenI by mail, each
Member thereof shall have as many vo~tes as shall equal the quo-
tient obtained by dividing by 100c,000c the aggeneaon ndl
lars of the invoiced value of the products sold and delivered by
such MeTmbe~r duringr the precedling calendar year. ]Fractions in
such quotient shall be disregarded; provided, however, that each
Mellmber of the Code shall have at least one vFote. Atll questions as
to the number of votes which each Member of the Code shall be
entitled to cast shall be determined by the Emrergency\ National
Cfommlittee, hereinafter defined. Any person or firm that is a Mem-
ber of the Code mnay, and an association or corporation which is
a Mcember of the Code shall, vote at meetings of the Metmb~ers of
theCod byproxy in writing duly exec~utedl by such M~ember and
~filed with teSceay n uhpoymyb o pcfe
meceting or may be a general proxy for any or tall meetings that
may be held until such proxy shall have been revoked by an instru-
ment in writing duly executed by the Member of thle C~ode which
gave such proxy and .filed with. the Secretary. No initiation or
entrance fees shall be charged, but the Emnergenlcy N~ational Com-
mittee (hnereimnafter described) shall assess such subs~cr~iption fees
or dues as shall be necessary to defray the expenlses of the Ameri-
man Re~franctor~ies Institute in administering the provisioni; of this
Code and in assisting the National Recovery Admiinistrationn in
effectuating in the Refractories Industry the purposes and require-
mlents of the National Industrial Recovery ALct.
I1t shall be the duty of the Emier~gency National Committee as he~re-
inafter described or any of its duly qualified agents to take sucih legal
steps as they may deeml necessary to collect from. any Me~mber of the
Code any assessment or dues not paid for a period of thirty (30)
days a fter the date on which such assessments or dues became payable.
ARTICLE IVI-H~JoURS or LBnon, RATEs OF PAY, AND~r OTHER CONDITIONS
or ElbPLOYMTENT

A. GENP;ERAL
1. Pursuant to subsection (a) of Section 7 of the Act and so long
as the Codle shall be in effect, emzployers shall comply with said sub-
section (a) of Section 7, as follows:
"'(a) Trhat enploygees shall have the right to organize and bargain
collectively thr~u rer~esentantivesj of their own echoo.sing, and shall be
fr~ee from the interference, restraint, or coercion of employers of





260


labor, or therir agents, in the designation of such representatives or
in sel f-orga nization, or in other concerted activities for the purpose
of collective balarginin or other multual aid or protection;
"'(b) That nio employeee anld no0 one seeking employment shall
bie r~equir~ed as al condition of emlploymlent to join any company
union or to refrom _.. from __~ Voun organizin, or assisting a labor
organization of h~is owvn choosing; and
"(c) That emnployers~ shall comply with the miaximumn hours of
,la~or, mirinu-imu rates o~f pay, and other conditions of employment
a~pproved or presc~ribed by the President."'
2. N~o person under sixteen (16) lear~s of age shall be employed
in the Industryr ; prov-iding, however, that where a state lawf provides
a higher miinimnumr age no person belowl the age specified by such
state law shall be emnployedl withinl the state. No person under
eigh~teen (18) years of age shall be emnployedl in ainy underground
mining operations of the Indrustry.,,,,,,iso cun
3. No~ employer shall r~eclassifyepoeso uiso cua
tio~ns per~formied or engage in anyr other subhterfugj e for the purpose
of defeatingl thJe purp~oses or provisions of the Act or of this Code.
4. WVithini encl1 state this Code shiall not sup~ersede any laws of
such state im~posmng m~ore stringent requirements on employers regru-
Inting~ the age of emnployees, w~lages, hlours of wor'k, or health,? fire,
or general working cond.-itions th~nn under this Code.
5. ver emloyr sallmae reasjonable provisions for the safety
and health of 'his employees at thle place and2 during thre hours of
their emnployment.t
6. Each employe!r shall post in conlspicuous places, fully accessible,
full copies of thiis Article IV' of this Code except that employers
may posi-t only\ the wnage rantes app~lienble in the district where such
posting is clone.
T. Thecre shall be estab~liished' by the Administranto r anl Industrial
Relationls Board for the IndlustryS consisting of an equlal number of
rrel''eseintaives of employers andr emnployees to dleal with all matters
in thle Cod~e relating to labor. Wlhere a majority agreement ennnot
be reached, the Boarld sjhall select. nl impartial chairman to render a
dlecisionl. Thie creating andc functioning of these Boa~rd, including
the selec~tion~ of these Irepresentatives of employees, shall be in accord-
ance writhi Section 7 o~f the Alct. If no truly representative labor
organization extists~~, thle employee members of such Board shall be
choseni by thle Labor Advisory Board of thle N.R.A., and must be
either anr; employees in th~e Industry~ or some one intimately familiar
withl thte Indus~try. Th employee represetntaives shall be chosen by
th~e E~mergency~ Nationll' Commltitfee hereinafter definled. Thle Indus-
triail Relations Board mnay establishl such subsidiary agencies con-
stituted in likte mannner as it finds necessaryr.
B., HOtTIS OF L~lBOHI

Manny of the bn ~ie processesi inl the Industry are of a continuous
char~acter andil the mlinlina of the r~aw materials, in mainy instances,
is subject to interruptionn ~clure to inclement, weat~her.- Consequently






261


the strict limitation of ours of labor for each week is impractical,
but can be averaged over a thirty (30) day period.,
Accordingly, no employer in t~he Industry shall cause or permit
any employee to work at anr average of more thran. forty (40;) hors
per wveeki in any thirty (30) day period, nor more than eight (8)
hours mn any one (1) day.v
These maximum hours of labor shall n~ot apply jin the case of
executives, salesmen, or those employed in supervisory capacitiess
and in technical work and their respective staffs,Y3 rovid0)%oine uch
classes of employees earn not less than thirty-five$30) olr
per week, nor in the case of watchmen, provided that watchmen
shall not wTor~k more than fifty-six (56) hours in any one (1) week
nor more than six (6) dayls m any seven (7) day period.
These m~axim~um hours of labor shall also not apply in thle case
of those employed inr emergency manintenance or emergency repair
work involving break-downs or protection of life or property.
Recognizing that the occasion for emergency mraintenatnce or
emergency repair work is limited to breakr-downs and protection of
life or property and in order that it may be properly advised, as to
the extent of thre use of this provision as to suchl classes of work,
each Mekmber of the Industry shall report monthly to the ]Emer-
gency National Committee the number of hours worked by employees
engaged in emergency maintenance an~d/or emergency repair work
in excess of th hours stipulated above wCith thle rnuber of employees
so engagedl and the reason for such work.
The Emergency National Committee shall at all times keep the
Administrator and the Industrial REelations Board, as set up in Arti-
cle IV, Section A, 1Paragraph 7, fullly advised as to the extent of use
of this provision, as to emergency maintenance, and/or emergency
repair work.
Nor shall these maximu hours of labor apply to the following:
1. Employees whose labor requie their presence prior to or after
the regular hours of operations.
2. Employees whose labor is dependent upon climatic conditions.
3. Employees engaged in continuous processes.
4. Employees engaged in wcpork where limitation of hours of work
per day may operate unfairly against the employee or may limit
production and thereby deprive other emplloyees of labor.
Those employees enumerated in items one to four, inclusive, of
this paragraph shall be limited to an average week of forty-eight
(48) hours in any thiirty (30) day period, and their number shall
not exceed 104" o~f the total employees in any operating individually
plant.
No employer shall kn~owingly permit any employee to work for
any time which, when totaled with that already performed with
another employer or employers, exceeds the maximum permitted
herein.
276t490*----2096-168----33 2





262


C. WAGES

For the purpose of this Article I1V the wage districts and mini-
mum rates for common labor described below have been established:

Rate per~ hour
Cents
District N. 1: lIfaryland, New Jersey, New York, and New England
States, and Pennsylvania with the exception of Pittsburgh and Salina- 35
District No. 2: Pittsburgh and Salina, Pa. and Niles, Ohio--- ...-- 40O
District No. 3: WTest Virginia. Ohio, and K~entucky, with exception of
Niles, Cincinnati, and Portsmouth, Ohio, and Ashland and Louis-
v ille K y -- -- -- -- -- -- --- -- -- 3 2
District No. 41: Cities of Cincinnati and Portsmouth, Ohio, and Ashland
and Louis ville. K g ----------------------- ----------- ---------- 35
Distr~ic~t No. 5: Alabama, Georgia, Tennessee, South Carolina, North
Carolina, Florida, Louisiana, and M~ississippi ---- -------_ .____ 25
District No. 6: East Chicago. Indiana, and~ Joliet, Ill .-- ___-__ 37
District No. 7: Indiana andl Illinois, except thle cities of East Chicago,
Indiana, and Joliet, Ill ___ ____ __ _______________ 35
District No. 8:
M~issouri DistriCt, other than St. Louis and St. Louis County.. ..._ 32
St. Louis and St. Louis Corunty--____ .. ------ -- .---- -- ---- 35
District No. 9: Texas and Arkansas_-_____ ____-____ ...__ ......__ 25
District No. 10: Colorado. Utah, Montana and Wmvoming -- ---- --- -- 35
District N~o. 11: California, W'ashington and Idaho.. .... ..... ._, 35
AnyT other State or States not specifically covered___ _- ..___ 35

Miinimnumn wge rates in Districts Numbers 5 and 9 will be in-
creased by the Industrial Relations Board for the industry as de-
scribed in Article IV,? Section A, Paragraph 7, if the Codes for
other comnparable basic natural resource industries later provide
hiigher rates th~an those herein provided for Districts Numnbers 5
and 9, such increases to become effective upon approval by the
President after such notice and- hearing as he may require.
It is agr~eed that these wage rates shall establish a guaranteed
minimum rate of pay regaardless of whether the employee is com-
pensated on the basis of time rate or a piecework performance.
Unltil changed by amendment of the Code the miinimumn rates of
pay per hour wThich shall b~e paid by M~embers of the Code for
common labor in the Industry in the respective wage districts
described above shall be the rates set forth opposite each district
shown above.
None of the Miembers of t~he Code shall pay common laborers in
its employ in the Industry in any such district any rate of pay
less than the rate specified for such district in the schedule shown
above. Such rates of pay shall not, however, be understood to be
the maximum rates of pay for their respective districts.
No person employed in clerical or office worki shall be paid less
than at the rate of fifteen ($15.00) dollars per week in any city of
over 500,000 population, or in the immediate trade area of such city;
nor less than fourteen dollars and fifty cents ($14.50) per week in






263


any city between 250,000 and 500,000 population, or in the immedi-
ate trade area of such city; nor less than fourteen ($14.00) dollars
per week in any city of less than 250,000 population.
Wage rates for occupations other than those receivingr a mimimuma
wage herein described, shall at least maintain the difference in earn-
ings for those occupations existing as of June 1, 1t933. TPo the
extent pr~acticable, no employer shall reduce the compensation for
employment in excess of the rminimum, wages hereby agreed to, not-
withstanding that the hours worked in such employment may be
reduced .
Factory! wages shall be paid at least twice a month in lawful
currency or by negotiable ch~eck. These wages shall be exemlpt from
any deductions other than those voluntarily agreed to by the em-
ployee or authorized by law. Noepoe halb eured, as a
condition of employment, to trade at a store speciedb th
employer.
~AnucLa V-DIVISIONS OF THE INDUSTRY

SECTION A. Powuers.-FEor the purposes of administration of this
Code, th Refractories Industry shall be divided into DCivisions as
set forth, below and as shown on the accompalnyung organization
chart;, as shown in Exhibit A and made a part of this Code. Each
Division shall ]~ahdesignate or establish its own administrative agen~cy
or agencies. EcschDviosalbeindependent and self
governing in respect to all conditions anrd problems relating exclu-
sively to thie said D~ivision with the exception of such powers as are
hereinrafter delegated to the Emergency Ntational Comm~ittee of the
Refract~ories Industry (hereinafter described).
Proposals in respect to matters aflFecting more than one Division,
other than amendments to this Code, mnay be initiated by any Division
and shall be submitted for consideration to the said Em~ergency
National Clommnittee and its determination shall be binding upon
said JDivision and all other Divisions affected thereby.
The method of selection of any divisional administrative agency
or agencies may be subject to review and disapproval or modification
by the Administrator. The Admlinistrattor may appoint onle me-
ber to any D~ivisional Adlministrative Agency who shall not have
voting power, who shall represent the government on such Agency.
SECTIONU 13. Na9736 Of DzziTio8foi.-Divislons are hereby established
as follows:
Fire Clay Refractories
Silica Refractories
Basic Refractories
High Temper~ature Bonding MSortars
Plastic ~Refractories
Special Refractories
Locomotive A rchr Refractories
Suspended W\alls and Archs
Glass House Refractories
Ladle and Hot Top Refractories
Sleeve, Nozzle, and Runner Brick and Tuyeres
Fire C'lay Producers
Other divisions of Refractories andi of manufacturers or producers
of Refractories Products may be established upon application of any





264


such group to the Emergency National Committee and subject to
the approval of the Emergency National Committee (hereinafter
describe~-d)? such Divisions to have representation on the Emergency
Natonal Comnmittee of the Refractories Industry.
SECTION C'. F.Tecurtive Co~mmittee.--In order t~o cooperate wit.h the
Administrator to effectuate the policies of the National Industrial
Recovery Act, each of the above Divisions and any others which may
subsequently be formed within the Refractories Industry shall set
up an Executive Comnmittee for the purpose of administering the
provisions of the Code, to secure adherence thereto, to hear and
adjust complaints, to consider proposals for amendments and excep-
tions thereto and otherwise to carry out. within the Division the
purposes of the National Industrial Recovery Act as set forth in
this Code. Any action taken under this paragraph may be reviewed
and disapproved by the Adlministrator.
The Emnergencyy National Committee (hereinafter described), in
order to secure adherence to the policies of the National Industrial
Recovery Act in cooperation with the Administrator, shall require
each Division to adopt fair t~rade pract.ice rules relating~ to the prac-
tices peculiar to that D~ivision. If a Division as named above does
not adopt such fair trade practice rules or if at any time thereafter
a Division fails to perform its obligations as provided hereunder,
the Emiergency Nfational Committee of the Refractories Industry
hlereinafter described, subject to the approval of t~he Administrat.or,
is hereby empowered to adopt rules of Fair Trade Practice: for the
Division and may provide for the administration of the Code as if
said Emergency National Committee were the Executive of the
Division concerned. Such fair trale: practice rules up-on approval
bythe President after such notice and hearing as he may require
shal become a part of this Code and fully effective as such.

ARTICLE VI--EMZERGENCY NATIONAL COMMIfl'EE

SECTION A. Representatfio n.--There sh all be an Emergency Na -
tional Committee of the Refractories Industry of twenty-five or more
members, to consist of a representative of each Division, selected
by the said Divisionl, by some fair method, which may be reviewed
by the Administrator; a representative of the Industry at large,
who will be the. President of the American Refractories Institute;
and a special representative to be selected by the Industry at large
for each of the following subjects: Labor, Co~de of Ethics, Statistical
and Cost Accounting Data, two (2) Executive Vice-Presidents and
seven (7) represrentatives at large. The above Committee will, there-
fore, consist of the following representatives:
Fire Clay 1Refractories.
Silica R f ractories.
Basic Refractories.
High Temperature Bonding M~ortars.
Plastic Refractories.
Special Refractories.
Locdmotive Arch Refractories.
Suspended W~alls and Arches.
Glass House Refractories.






265


Ladle and H3ot Top Refractories.
~Sleeve, NozzIe, and 1Runner Brick andr Tuye~res.
Fire Clay Producers.
Labor.
Code of Ethics.
Statistical and Cost Accounting Data.
President of the American Re~fractories Institute and
Two (2) Executive Vice-Pres~ide~nts,
Seven (7T) representatives at largeC.
At any meeting of the Emerg~ency National Commnitttee, ay IMem
ber unable to attend such meetings m-ay send a duly accredited alter-
nlate to represent. him. The alternate must file notice of such
authority wilth the Secretary of the meeting before talking part in its
deliberations. Each member of the Emer~gency NaRt ion al Conimmi ttee
shall have one vote.
The Administrator may at his own1 option appoint not more than.
three additional members of the `Emer~genlcy National Comlmittee wFcho
shall not have voting power, who shall represent the Grovernment. on
the Emlergenc~y National Comnmittee.
Such member or members of the Industry- shall be appointed for
six months and if more than one is appointed, their terms arec to be
so arranged that they do not expire at the same time.
E~ach trade or industr~ial association directly or indirectly partici-
pating in the selection or activities of the Emergency National Comn-
m~ittee and Executive Comm~ittee shall: (1) Impose no inequitable
restrictions on membershipI, and (2) submit to the A~dmimstrator
trule copies of its artcles of association, bylaws, regulations, and any
amlendmnents wh)en madle thereto, together with suchl other informa-
tion as to mlemlbership, organization, and activities as the Adlminis-
trator mayr deeml necessary to effectuate the purpose of the Act.
I~n order that the Emergency National Comittee and Executive
Committees shall at all times be truly representative of the industry
an~d in other r~espects comply with the provisions of the Act, the
ALdmuinistrator may provide such hearings as he may deem proper;
and thereafter if he shall find that the Emnergency National Com-
mittee and the Ex~c~ut~ive Committees are not truly representative or
do not inl other respects comply wcith the provisions of the Act, hie
mlay require an appropriate. modlification in, the method of selection
of such committees.
SECTIOx B1. Powers.--The Emnergency National Committee shall
be the general planning and coordinating agency for the Industry
in cooperation wiith the Aidministrator. I~ts M6embers, selected by
established Divisions, shall be empowered by the said Divisions to
act for them conclusirely- inl r~espect to all matters before the Com-
mittete for consiider'ation and within its jurisdiction. The Conunittee
shall have pow-ers and' duties as provided herein; and in addition
thereto, it shall, subject to review and disapproval by the Admin-
ist ra tor :
(1) fro~m timne to time require suIch reports and information as to
labor, statistical or cost-accountingr data, or any general information
frrom. divisions, and/o all, members thereof as in ibts judgment may be
necessary to advise it adequately of the administration and enforce-
ment of the prov-isions of this Code; this information to be collected




266


by such confidential agency as the Emergency National Committee
.may select, and distributed only in summary except that it shall be
available in full to the Emergency National Committee and the
Administrator.
(2) upon complaint of mnter~eated parties, or upon its own initia-
tive, make such inquiry and inv-estigatioon into thie operation of the
Code as may be nlecesisar~y; and
(3) make rules aind regulations necessary for the administration
and enforcement of this C~ode. The Commnittee may delegate any
of its authority to the National Control Clommittee hereinafter
provided, and mayS designate such agents as it may' require to carry
out its functions.
(4) Wilful failure of any Mlember of this Code to comply within
thirty (30) days with alnyr request of the Emergency National Com-
mittee or anly of its duly qualified agents for anyr pertinent informa-
tion as to labor, statistical or cost accounting data, or any general
information necessary for the proper administration of this Code
unnder the National Industrial Recovery Act shall be considered a
violation of this Code.
I~n addition to information required to be SLubmitted to the Emuer-
gency N~at.iona~l Commlittee, there shall be furnlished to government
agencies such statistical information as t~he Admiinistrator may deem
necessary for the purpose recited in Section 3 (a) of the Act.
SECTION C. GICocernling Pr~ices.--(1) Each M~ember of the indus-
try shall, within ten days after t~he effective date of the Code, unless
this ten-day period is extended by the Emergenc~y National Com-
mittee, wChich1 is her~eby? authorized to make such extension of this
period as it may deem necessary, file with the American Refractories
Institute a list showinga the minimum base prices for all of its prod2-
ucts, and from. and after the expiration of such ten days or extension
thereof such Member shall at all times maintain on file with the
American Refractories Institute a list showing the minimum base
prices for all its products and shall not make any change in such
miiinimu n base prices except as provided in this Section.
Each such list shall become effective ten days after the date of
filing such list wcithl the Amlerican Refractories Instit~ute, provided,
however thnat the first list of minimum base prices filed by any M~emn-
ber of th~e Industry, as above provided, shall take effect on t~he date
of filing thereof. None of the minimum base prices shown in any
list filed by any M~ember of the Industry as herein provided shall be
changedr except byu the filing by such Mlember withn the American
Refratoriess Institute, of a new list of its minimum base prices,
which shall not become effective until ten days after the date on
which such new price lists shall have been so filed, and not later than
10 days.
The Emergency National Committee shall present to the Adminis-
trator for his approval after such notice and hearing as he may
reqluire--
(a) A system of cost finding capable of application by all mem-
bers of the industry.
(b) A definition of the term representative member of the
industry based on investigations by the Emergrency National Com-
mitte!e as to the costs, determined by such system, of the members





267


of the Industry. In no event shall the term "L representative mem-
ber "" be, construed in such a manner as to exclude f~rom such classifl.
cation more than ten percent of thne total manufacturers of any
particular product inl any' comp~ettitie district.
After the determination of mdc'ividual costs in this manner, the
Emergency Naitional C~ommnittee shall advise the members of the
industry in each competitive district, and as related to eacha product
in th2e industry, the cost of the~c lowest cost repr~esentativie member in
each such district and as related to each product in the Industry and
no members of the Industry shall sell his products at a price which
wvill result in the purchaser paying therefore less than thre cost of
thle lowest: cost representative member as determinedc aforesaid.
The Emergaency Na~ftional Commlittee shall have power on its owtn
initiative, or on th com-plaint of any Mlember of thne Industry, to
investigate a"'ny inimluml base price for any product shown in any
list filed with the American Refrasctor~ies Institute by any member
of the Industry, and for the purpose of thle Investigation thereof to
require such member to furnish such information concerning athe cost
of manufacturing such product as the Emlergency National Comn-
mittete shall deeml necessary or proper for such purpose.
If the Emergency National C~ommittee, after such investigaation,
shall determine that such baLse price for suc~h product is below the
cost of the lowest cost representative member mlanufacturinga such
product in the competitive district of the manufacturer under such
investigation, and that the maintenance of such base price may
result in unfair competition in the Industr~y, the Emnergency Na-
tional Committee shall notify the member under such investiga-
t~ion. If such member, w\Pithzm ten days after such notice, shall
not file a new list showing a price at least equal to such lowest
representative members cost (which price shall become effective im-
mediately upon filing)! the Emler~gency National Committee shall
report the results of its investig~ation to the proper authority or
authorities for action.
A notice of all decisions of the Emergency National Committee
under this Section, together with the reasons therefore, shall be filed
wi~ith, thLe Aldministrator. Any member of th~e Industry affected by
action of the Committee under this paragraph may appeal to the
Adlministrator, who, after such notice and hearings as may be
required, may review~ and disapprove thre action of the Em~ergency
National Committee hereunder.
(2) The Emergency NTational Committee shall issue to thie Mlem-
bers of this Industry from. time to time a schedule of classification
of Extras to be added to th~e base prices listed in accordance with
the provisions of Section (1). The use of such classification shall
be mandatoryv upon the ~Members of the Industry.
(3) The Emergency National Comlmittee may make such excep-
tions to the provisions under subheadingas (1) and (2) of Section C,
Article VI, to the extent deemed necessary by them to prevent unfair
operation of the foregoing provisions in exceptional cases. No per-
son subject to the jurisdiction of this Code shall sell, or offer for sale
Refractories and /or Refractories Products at prices less than those
so filed. Any violation of this provision shall bee deemed an unfair
practice and a violation of this Code.





268


(4) Contracts entered into prior to the passage of the National
Industrial Recovery Act are not affected by the provisions of this
Section C of Article VI.
ARTICLE 1VI

TERMS, DISCOUNTS, AND CREDITS

Terms of sale shall be determined by each division of the industry
for its respective division and included in its divisional code.
In soliciting business, no manufacturer shall agree to accept a~s
payment securities such as mortgages, bonds, stocks, tax bills, certifi-
cates, or any' other security except. at current marketable cash value.
REBATES

The secret payment or allowances of rebates, refunds, commissions,
or unearned discount, whether in the form of money or otherwise, or
secretly extending to certain purchasers special prices, services, or
privileges not extended t~o all purchasers under like terms and
conditions is an unfair trade practice.
Except in the Special Refractories Division, providing any kind of
free' service, such as free truck delivery to depot or from depot to
customer's plant, shipping from warehouse at carload prices, crating
or packig without adequate charge, furnishing unusual engineering
services gratis is an unfair trade practice.
Shipping material in excess of that. for which proper charge is
rnade or giving away material as samples (or otherwise) in such
quantity or manner, or making special allowances under the guise of
advertising expense as to have the effect. of rebat~inga, is an unfair
trade practice.
Unwarranted allowances for rejection or shortage claims by con-
nivance or otherwise, between seller and purchaser is an unfair trade
practice. No allowance shall be made for the return of used sacks
or other containers used for the shipment of refractories.
Directly or indirectly to give or permit to be given, or to offer to
give money or anything of value to agents, employees, or representa-
tires of customers or prospective customers, or to agents, employees,
or representatives of competitor's customers or prospective customers,
without the knowledge of their employers or principals, as an induce-
ment to, influence their emlployers or principals to purchase or con-
tract to puirchas~e from~ the makers of such gift or offer, or to influence
such employers or principals to refrain from dealing or contracting
to deal with competitors is an unfair trade practice. The above
provisions shall not be construed to prohibit free and general dis-
tribution of articles commonly used for advertising except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
Substitution of quality in any manner or specifically~ inoiin
lower quality or cull material and shipping higher gradewt h
intent of influencing the placing of business is an unfair trade
prac ice.






269


IIISBRANhDING

'E~xcept in thre dlivisions of Special Refractor~ies, High Temlpera-
ture B~ondingr Mortars, Plastic. Refrne~tor~ies, and F ire Clay eidPro-
ducers, quality of brancs and mlaterials shall be clearly defmine
and expressedl by the sle.No r~e~ognized~ gradeshlbems
branded or minsrepresented to include it in any lower price classifi-
cation when in so doing the seller creates discrimnination. Where
a manufacturer is producing a, refractory for resflle by a dealer
under the dealer's tl~rade names, the brands so sold mnust be! identified
byg the manufacturers in the correct quality class.
Except in the Spyecial Refractories Division, maklino- any sale
of any product under any descr1iption which does not fu~iy describe
such product in terms cu~stomnrily used in the Indlustry shall be an
Ilmfair trade p~ractice. Each mnun~facturerl shall file wF\ith the. Amner-
ioan nRefranctories Institute a list of his brand-s classified as to
quality. Upon" com~plaint o~f any~S member as to misrepri~ese ntation
of quality of any bra~nd so as to classifyr any brand at lower quality
than it should p~rop~erly be, the Emergency National Comlmittee
may investigate such brand thrloug~h the Mellon Inlstitute, and if the
brand in question. is foundc to be mnisllrepresentedL as to quality, the
Emlergenlcy ~National Comnmittee may require the manufacturers to
p'roperly classify such brand. The classification of the .American
Society of Testing Manterials shall be uised.
I':.hADS AND TIRADE MA.RKS
Th'le imitation of the exclusive trade marks, trade names, slogans,
or other individua~ll m~arkis of identifications of competitors, having
the tend.enlcy to mislead or deceive purchanser~s or prospective pur-
chasers, is an unfair trande practice.
SERVICE GUARANTEES

(a.) Except in the divisions of Special Refranctor~ies and Basie
Refranctories, inasmuch as the muanufac~turer of retfra~ctories~ has no
control over the use~c of h~is product, guarantees as to the length
of service of materials shall constitute an unfair trade practice.
Nothing in this section shall apply to thle introduction ofa ne~w
plotrodct dlur~in~ a period of one year from its intr~ouction.on
TY'PE AND VALIDITY OF CONTRACT

(a) Th~e ]Emergiency N4ational CommlnitteC shall develop andc the
industry shall1 adopt, in cooperation wTith buyers, a form of contract
~h ich wT~ill avoid~ ambl.iguity, prevent miisu nderst and ing, and pro-
tect the rii~rhts of both buyer and. seller siuchl formn of contract to
be subject to the approval of the Adm~inistrantor.
(b) Contratcts are bulsine-ss obligations which shouldc be performed
in bothi letter and~ spirit. It shall be an unfair trade practices -for
sellers to p~ermnit the repudiation of contracts by buyers without
just ca use.
(c) Conitrac~ts shalnl cover the bl-lan ~fi~de shipmellnt of mlater'ial ov'er
a given fixed period. It shall be an unfair trade practice for seller





270


to kmnowingly~ enter into a contract which represents such sharp prac-
tice on the part of the buyer as either overestimation of require-
mePntsin aI singrle contract~ or pyl~l~rlnmiin or duplication of contracts
or any other means of mnisr~eplrsentatlonl.
(d) Mialiciously indlucing or attempting to induce a buyer to vio-
late a contract with a competitor shall be anl unfair trade practice.
None of the members of the Code shall mlakee any contract of sale
of any product by thle terms of whichl the shipmerit of such product
is not required to be completed before the endl of the calendar quarter-
yTear, ending lilarch 31, Juine 30, Septemlber 30, and December 31,
ending not more thanl fouir months after the date of the making of
such contract.
TPhis paragraph shall not apply in the case of Special Refractories,
Glass H-ouse Refractor~ies, Fire Clay Producers, and Locomotive
ABrch DivIisions.
The post- or pre-dating of a ny proposal, order, contract, invoice, or
instruments which has a bearing upon t~he terms and conditions of
purchase shall be deemedi an unfair trade practice.
PROPOSALS

Recognizing that many irregular trade practices are the result
of oversight as often as intent, a, standard proposal or quotation
form to include the follow~inga is recommended:
]Date of s'hipmlent.
T~ermns.
F.O.B. point.
Schedule of overages as per classification.
Method of handlling damage claims.
Limit of time of neceptance. of proposal to ten days.
Seller nlot responsible, for failure or delay in delivery dlue to
causes beyond his cont rol, acts of Grod, etc.
Anly special clause regarlding taxes or legislation.
COMMarISSIONS

Exc~ept in the Special Refractories andc Suspended Arches and
Walls ]Divisions no commlission or discount, direct or indirect, shall
be paid; ~to a.n engrineer, contractor, boiler setter, furnace builder, or
anyone directly or indirectly conneteedl with any consumer or any
COnSUmer' SOrganlZatlOll.
Except in the Suspended Arches and W~alls Division, no com-
missions should, be paid to anl Agenlt (or Dealer) who is controlled
in whole or in part, by any .consumer organization, nor to any
fictitious Agent (or Dealer) created for the purpose of passing to
the consumer, or to thle consumer's friends, all or any part of a
COmnllSSIOH.
Except in the Suspended Arches and W~alls Division, commis-
sions or discounts shall be paid only to regular bona fide Agents
(or D~ealess) hereinafter defined on purchases and.;'or shipments in
suh Dealer' territory.







271


DEALERS

1Except in the Fire Cflay Prodlucer~s Divisionl, a Dealer in the 3In-
dustry is on who has an established place of business where he is
regularly engaged i selling refractor~ies, andl who mnay or may not
sell other miaterials to the public, with adlequalte refractories stocks
and facilities to serve the retail trade in a given territory and able
and willing to perform~ all functions devolving upon him mn securing,
executing, and delivering orders f~or such refr~actories.
A Dealer mxay also be arn agent of thei same mannufacturer.
(a) Discounts to dealers shall be determined by Div~isional Codes.
(b) Except in the Fire Clay Producers ~i~visionr, no shipments
shall be mad-e to dealers on consignment, nor shall terms be made
which will in effect constitute or approximate shipment on con-
signnment.
(c) Termns of payment to Dealers shall be the same as to consumers.
AGFNTS

Except in the Fire Clayr Produc~ers Division, an Agent in. the
Industry is one who is engaged in selling r~efractories products (and
who mayr or may not sell other material) to Dealers and/or Con-
sumers mna certamn prescribed territory$.
An Agent may also be a Dealer of the samne manufacturer..
(a) Atn ,Agent many operate on a salary or commnsissio basis, or
both.
(b) N'othingr in. the above shall be considered as preventing a
manufacturer from establishing his own wFarehlouse stocks for retail
distribution by his own employees, such employees to be paid either
by direct saayor commission. NIo such warehouse shall be
established on a conisumner's property.
(c) Except in thle H~igh Temnpera~tures Bondling Miortar andl Plas-
tic Refractories Divisionis, terms to Agents shall be the same as to
CODSU me rS.
GIENERA~LL PRACTICES

Except in the Special Refractories Division, gauging or grindling
of products to closer than standard toleranlces without adeequate
charge or accepting business under specifications calling for closer
than the allowable Industry standard tolerannces without adequate
additional charges is an. unfair trade practice.
Furnishing special containers or special indiviidual formulas wi~th-
out adequate charge is an unfair trade practice.
MSIisrep~resen station of raw matfer'ials or of the source of raw ma~-
terials is an unfair trade practice.
Except in Glass Houses Refractor~ies, Locomojtive Arc 'Refrac-
t~ories, and F'ire Clayr Producers Division,l, consigr~nment shipments
shall not be mnade.
The giurchase of materials not for the p~urc~haser's own use to in-
fluence a purchase or an allowance for usedl materials to inifuluece
a purchase is an unfair trade practice.
Except in the case of the Special Refractories Division, any re-
quest byI a purchaser for specifications of standard refractory pr'od-





272


ucts other than stanndard American Society for Testing Materials
requirements shall be referredl to the Mellon Institute for advice
before writing such specifications. The existence of illogical or
unfair specifications should be reported to the Refractories' F'ellow-
ship* at thre ellon Institute so that proper steps may be taken to
have them modified.
Procuring or divulging otherwise than with the consent of any
member of the Code, any information concerning the business o
such member which is properly regarded by it as a trade secret or
confidential within its organization, other than information relating
to a violation of any provision of the Code, is an unfair trade
practice.
SPECIAL ALLOWANCES

3Except in th~e Sp~ec~ial RCefractor~ies Division, on orders for special
shapes manufactured but. not shipped and which customer desires to
cancel, and wFchichn cannot be sold to another customer, invoice shall
be rendered customer at. full invoice price, less value of bats at a
price no higher than 50%~ of the current price of dobies.
ORDERS FOR SPECIALS

On orders for specials which are manufactured in accordance
with customer's instruictions--but order held up after material is
in process of manufactu re--customer shall be inv\oiced for 100%o of
full invoice price of materials manufactured if order is not shipped
within 90 days after daute o~f or~der, material to be held by manufac-
turer for customer's account.

DEFAMA4TION OF COMrPETITOR OR DISPARAGEMIENT OF HIS GOODS

The .defamation. of a. competitor in any manner, either by imput-
ing to him dlishonorab~le conduct, inability to perform contracts, or
questionable credit standing or false disparagement of the grade
or quality of his goods is an u~nfair trade practice.
Deliberately milsleadinar promise of delivery that cannot reason-
ably be fulfilled is an unfair trade practice.
ENTICEMENT OF EMPLOYEES

Enticemlent of employees of competitors with the purpose and
effect of inter~fering with their bjusiiness is an unfair trade prac-
t~ice. ~WeC recommends that mnanufactur~ers deal frankly and openly
in instances where emnployees seek to change from the service of one
emaployJer to another or where the= employers wishes to negotiate for
the services of another manufacturer's employee.

EXCEPTIONS

The Emergency National Comm~ittee may make .whatever excep-
tions it deems necessary to the provisions of this Article VII to
prevent its unfair application in special cases. In the event any
member of the Code petitions the Emergency National Committee






273


for exceptions under any of the provisions of thlis Ahrtile VII thie
Emergency National Collmmittee, or an~y of its duly qualified agents,
may suspend such provisions as per~tain to suchl member until the
Emergency National C~ommittee acts on such petition and notifies
the member of .its decision. The. decision of the Emnergency National
Commlittee on any such decision shall be subject to revilew, modifica-
tion, or disapproval by the Adlministrator.
ARTICLE VIIIT--NBrrown C1onnRo Coll M ITTEE

Thie Emergency Nastional Comnmittee of the Refr~actories Industry
shall elect .fr~om its ownm member~ship a NTatiolnal Control Committee
of not less than three, but nrot to exceed six members, in addlition to
the 1President of the Amlerienn Refractories Institute. The Na(Ttional
Control Comittee shall exercise such authority as may have been
delegated to it by the saiid 1Emergency NPational Comnmittee.
All1 communications annd conferences of thne Refr~actor~ies Industry
withz the President or with his agents concerning the approval or
eamendmnto this Code or any of its provisions, or any matters
reltin thret, sallbe hroghthe said N~ational Conltrol Com`-
mlittee. The National Control Comlmittee shall serve as an executive
agency for the Emlel~rgncy National Commnittee of the Refractories
Industry, and shall be charged with the enfor~cemnent of th~e pro-
visions of this Code and with the duties, through agents or otherwise,
of hear~inga and adjusting complaints, cocnsideringr proposals. for
amendments and making recommendations thereon, approving rec-
omnmendlations for exceptions to the provisions of this Code, and
otherwise admzinistering its provisions. ~Any suchl action mnay be
:reviewTed and disapproved by the Administ rator. Any Division or
any adher~ent to the provisions of this Codle, or subject to its terms,
shall have the r'ighlt of appeal to thie EmergencyNtoa omt
tee from decisions of the National Contro Ntoil Committean h
decision of the said Emlergency National Clommittee on said appeal
shall be final execept that such decisFion m~ay be subject to review and
disappt"rovl by the. Admi nistrntor.
The Adlminlstrantor may appoint one member to the National Con-
trol Commit~tee, without v-otin~g power, wvho shall represent the gov-
ernmlent on the committee.

ARTICLE I~1 ~CAPAIT

WVhereas, it is the consensus of- opinion in the Industry that until
such time as a demandl for its products cannot adequately be met b'y
the fullest, poss~iblel ulse of e-istingr capacities for prodlucing fire clay
or silica brick andl special shapes, such capiacities shalil not be in-
cre~asedl and no new capacities shall be added.
Capacity in this Industry shall be defined as those kiilns and
furnaces existing as of t~he effective date of this Code~ a~nd as culstom-
arily used for burning refractories, wThether periodic or tunnel kilns
and/or furnaces, and owned by persons, par~tnershipts, or corporta-
tions who, as' of the effective date of this Codle, were definitely est;tab-
lished as manufacturers of refractories or as refractories producers.
Accordingrly no Irmembr of the Inusryic~ and/orp no person engaged
in the Indunstry shall initiate the construction of any new units or






274


increase his capacity' of fire clay and: silica brick or special shape
production ulnless and until he shall have secured from the Emer-
gency N~ational Comm~ittee consent to such increase, as being con-
sistent w-ith cl'Ltuating the policy of the Act during the period of
the emergrency. The Emnergency National Committee shall promptly
notify the A~dmlinistrator of any application for any such consent
and the A~dministratorr may reviewrF, disapprove, or modify the action
of the Emergency National Committee upon such application and/'or
at any time may sus-pend the operation of this Article IX to effectu-
ate the purposes or policy of the Act.
Nothing in the above shall be interpreted to prevent any Mfember
of the Code from replacing present capacity or existing machinery
for the production of fire clay or silica brick and special shapes w-ith
new and modern capacity or equlipmnent so lone as the total existing
capacities! as definedl above in this article, of that MIember are not
increased. TIhe purchase by any one of existing capacity as defined
above shall1not be interpreted as adding to existing capacity.
ARTICLE X--ATON'OPOLIES

(1) T~his Code. is not designed t~o promote monopolies and shall
not be availed of for that purpose.
(2) The provisions of this Code shall not be so interpreted or
administered as to eliminate or oppress small enterprises or to
discrmulnate against. t.hem.
ARTICLE XI--GENERAL

(1) This Code and all the provisions thereof are expressly mnade
subject to the right. of the President., in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, r~ule, or regulation issued under Title I of said Act
and specifically but without limitation to the right of the President
to cancel or modify hiis approval of this Code or any conditions
imposed by him upon his approval thereof.
(2) TPhe Emnergency National Committee of the Refract~oriers
Industry and the National Control Committee shall from time, to
time make to each Division established, or to be established, under
the provisions of this Code, such recommendations, including recom-
mendations respecting amendments to the Code as may be necessary
to effectuate within the Refractories Industry or within any Division
thereof the purpose of the National Industrial Recovery Act as
administered.
(3) Any action of the Emzergency National Committee under any
or all provisions of the Code may be reniewedl and disapproved by
thle Admninist rator.
(4) A~mendment, of this code may be proposed by any group truly
representative of the industry or any division thereof, or by any
established division to the Emergency National Committee, or mnay
be initiated by the said Committee and after approval by t~he Com-
mitt~ee and w~hen approved by the President after such notice and
hearing as he may prescribe shall be effective. Nothing in this See-
tion 4 shall be~ construed to prevent any member of the industry from






275


pet~itioningr th~e President to use his p~owers as outlined in Section. 1.
of this Article.
(5) Whereas the policy of the A5ct to increase real purchasing
power wvill be made impossible of consuminatioin if prices of com-
mlodities and services increase as rapidly as wages, it is recognized
that price incr~eases should be delayed and that when made, the same
should, so far as is :realsonably po~issble, be limited. to actual increases
in the seller's costs.
(6) No provisions of ALIrticles VTI and VII shall have any appli-
cation to sales or shipm~lents of products of the Industry exported to
countries or places other than the U~nited States and its territories
and/or possessions.
(7l) This Code shall be in effect beginning ten days after its
approval by the President.
Approved Code No. 168.
Regist ry No. 10134-1-01.



























SCHEDULE I--DI\'TSIONS OF THEP INDUSTRY AND PRODUCTs

speolal Refmracories.-Fused Alumina, Sillimanite, Mullite, Kaolin, Super Fire
IBrickr, Silicon Carb-ide, Insulating R~efrac~tories, Cast Refractories.
Bassic Refra ctories.--ChrIomle, Ma 3gnesi te.
Bilica Refractories.-Scilica Brick.
Fire Clall Refractork;s.--- F~ir~e Clay Bric~k.
Bsrcpended A4rokes and~. TTulls.--Sec~tiona lly Suspended Refractory W~alls and
Arches.
Locomzotive Arches.--Locomoti-e Firebox Refractories.
Plastic Refr~actor~ies.-Plastic Refractory mixtures of all grades.
High Temrperature Alortlars.-W7et or D~ry High Temperature M~ortars of all
grades.
1Bleeoes, Nozzles, Runlner Brick, anld Tu~yere Refractor~ies.-PFire Clay Refrac-
tories for these uses.
Ladte and. Hot Top Refractor~ies.-Fire Clay Refractories for these purposes.
GlEass House Refractor-ies3.-Specinity products of fire clay for glass industry.
Fire GlaU Produlcere.-REaw and Prepared Refr~actory Clay~s.
(276)

O





LAWn
CMillittATOR
LABOR



EMEMDKY 9tRWAL
catetrrrat




IMMITIVE susts coat SPAQA acts 5 PLAstic sten a minst 1.1115 ar. GLAss MPR RPRI* MPRt- atPitt IttPRE* MPRI* Impat-
was viet oF ame sucA vtina.Nf an secogr LAao1t or ToP leum 4. ATIva sonArtvt sturalvE alwast staurive anna sistast
AL gygg Mearaqr Brits ICOUntit Wittomi At LAHtt AT LARtt AT LARIE AT LARtt AT LAlitt AT LAWI ATURAL

a, ga 5 Ra. Wa. a. sa. th. 'as. as. .ta ga
was a cases it.


















LEGEND
COMMITTEES
CODE OF ETHICS A
LAHOR 9
.. ....... **** SW%84. e
an aorv .,.v .. yaa == = n me



Ex 1- -1 5
W 45tAtt WWhitWR tittittWitti MISSmas COLORADO
Mtf 064418 OW0 as OHIO 4 thtWOk$ UTAM
MafLAIR WINttitW T ORAttA 4 190NTAMA allettA into





kha handi-ha-ha-LAsha.Addhad U.Adadd.&

CHART Snowlso ORGANIZATION OF REFRACTORTES INDUSTRY UNDER THE NATIONAL INDUSTRIAL REcover ACT 27800-33. (Face p. 276)




UNIVERSITY OF FLORIDA


3 1262 08486 8875