Approved Code No. 18-Amendment No. 3
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Approved Code No. 18--Amendment No. 3d
AMENDMENT TO CODE OF ]FAIR~I COMPETITIION
CAST IRON SOIL PIPE INDUSTRY
As Approved on August 3, 1934
ArenovzNo AMIENDMLENT TO CODEI OF EIAIR COMPETTON POIR TH
CasT IRNo SoIL PIPE INDUSrfTRY
An application having been duly madeofh pusanttona and in full
compliance with the provisions of Title I o h ainlIdsra
Recovery Act, ap~prove~d Julne 16, 1933, fori alpprovazl of an amendm-
mentt to a Code of Fair Competition for the Cast Ir~on Soil Pipe
Industry, and hearings having been duly held thereon, anld the an-
nexed report on said amlendment, contamlngr findings wit respect
thereto, having been made and directed to the President:
NOWi, THEREFORE, on; behalf of the President of the United,
States, I, Hugh S. Johhnson, Administrator for Industrial Recovery,
pursuant to authority vested in mie by Executive Orders of the
President, including ExecutivFe Order 6543-A, dated Decemnber 30
1933, andc othetrwise, do hereby incorporate by reference said annexed
report and do find that said amendment and the Code as constituted
after being amended comply in all respects w~ith the pertinent pro-
visions andi will promote the policy and purposes of said T'itle of
said Act, and do hereby order that saidl amendment be, and it is
thereby approved, and that the previous approval of said Code is
hereby modified to include an approval of saidl Code ini its entirety
as amended, such approval anzd such amendment to take effect fifteen
(15) days from t~he dlate hereof, unless good cause to the contrary
is shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
HUGH S. JOHINSON,
Administrator for Inadustrial Recovery.
Approval recommended :
BARTON ~. R1URRAY, ~
Augutst 3, 1934.
REPORT TO THE PRESIDENT
The WhiKte How~lre.
SIR: This is a report on a Public Hearing on the Approved Code
of F'air Competition for the Cast Iron Soil Pipe Industry, held in
Wa~shington, D. C., January 23, 1934, in accordance with the pro-
visions of the NaJtiontl 'Industrial Recovery Act.
The Code of Fair Competition for the Cast Iron Soil Pipe Indus-
try was approved by the President Sept~ember 7, 1933, and amended
by Order of the President dated December 18, 1933.
The Code of 1Fair Competition for the Cast Iron Soil Pipe Indus-
try, which was among thie first submitted to the Administration, did
not contain many provisions which experience hats since shown are
necessary to effectuate the purposes of the Act, and accordingly after
numerous protests were received by thle Administration as to the
hardship the Code was working on members of the Industry, a
Public Hearing was ordered by the Administration to provide an
opportunity for anyone to file objections or offer amendments to
At the Public Hearing the Cast Iron Soil Pipe Industry repre-
sented by its Administrative Agency, the Cast Iron Soil Pipe Asso-
ciation, submitted a proposed amendment to revise its Code of Fair
Competition. Said amendment was duly heard at the hearing and
all protests were duly considered.
The amendment provides for the addition of certain standard
provisions in order that the Code might conforml to the present
policy of the Administration; it further provides for the establish-
ment of a; Code Authority which wB be representative of the In-
dustry and conform to the standards of the Administration.
The C6ode no longer contains any provisions or appendices which
migh~ft be construed to mean the mandatory use of the Birmingham
SThe Assistant Deputy Administrator in his final report to me on
said amendment to said Code hav~ing found as herein set forth and
onr the basis of all the proceedings in this matter:
Ii find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery~ Act including the removal of obstruc-
tions to the free ~Bflo of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
pet~iti;ve practicps, by promoti;ng the fullest ~possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing a~nd relieving
unemployment, by improving standards of labor, and by otherwise
(b) The C'ode as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7
and sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed to
andi will not eliminate or oppr'ess small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process hiavie not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this amendment,
provided that such approval and such amendment take effect fifteen
(15) days from the date hereof, unless good cause to the contrary
is shown before that time, and I[ issue a subsequent order to that
Hnoc S. JOHNSON,
AvacnsT 3, 19341.
AMlENDMIENT TO CODE: OF` FAIR COMPETITION FOR THE
CAST IRIiONPI SOIL PIPE INDUSTRYT
Amend Section 1, by deleting in its entirety, and the following sub-
SECTION 1 (R) For the purpose of this Code the term "' Industry "
means and includes the business of producing and selling Cast Iron
Soil Pipe and Cast Iron Soil Pipe Fittings.
SECTION 1 (b) The term )"cast iron soil pipe as used herein
means pipe for carrying soil and liquid waste matter from plumbing
fixtures of buildings into the main sewer system, also for ventilating
purposes in connection with plumbing systems within buildings,
and for carrying other liquids where not under pressure. It is manu-
farctured in. lengths of five (52 feet only and in diameter ranging
fromt 2 inches to 15i inches, with a w'al thickness of 1/., inch to ;L
inch. Cast Iron Soil P~ipe is manufactured from pig iron and scrap
iron by cast inc horizontally in green sand molds and green sand
clores--by thle Rand-ramm~ing stripping-plate methods. Its process
of manufacture and use is not comparable with cast iron pressure
pipe, which is manufactured in lengths of six (6) to eighteen (18)
feet by the pit cast and "L centrifugal methods, and ranges in
diameter from two\T (2) to ninety-six: (96) inches, and is used for
carrying liquids and gas under pressure.
SECTION 1 (c) The term "L fittings as used herein means cast iron
soil pipe fittings, cast iron service, valve, roawa anduty meter boxes
SECTION 1 (d) Tlihe term memberofteIusr"manad
includes, but without limitation, any individual, partnership, asso-
ciation, corporation, trust, receivership or other form of enterprise
engaged in, the industry, either as an emnployer or on his or its own
SECTIox 1 (e) T1he termn association as used herein means the
Cast I[ron Soil Pipe Association.
SECTION 1 (f) The term employee as used herein means and
includes any and all persons engaged in this industry, however com-
pensatedl, except a member of the industry.
SECTON 1 (g) Thle term "' employer "' as used herein includes any
onre by whom. suchn employee is compensated or employed.
SE~CTION 1. (h) The ~term Presidenlt ", Act ", and "LAdministra-
tor ", as used herein. mean respectively te President of the United
States, Title I of the NP~ational Induxstrial Recovery Act, and the
Adlministrator for Indust~riatl Recovery.
rSECTION 1 (i) ]Polpulation f'or the~t purposes of this Code shall be
determined by reference to the latest Fiederal Census.
SECTION 1 (j) The term "L Codle where used in this amendment
shall .mean the Code of Fair Competition of the Cast Iron Soil
Pipe Industry as approved byr the President, and its Amendments.
Amend Section 3,by adding the following new subsections.
S~ECTION 3 ()Tage A d:ustmtents Above Minimumn.--Equitable
adjustments of compensation of employees receiving more than the
minimum rates of pay herein prescribed shall be made by: all em-
ployers who have not heretofore made suchn adjustments, and all
employers shall within thirty (30) days after approval of this Sec-
tion, report in full to the Conde Aulthority concerning such adjust-
ments whether made prior to or subsequent to. such approval, pro-
vided, however, that in no event shall hourly rates of pay be reduced.
SECTION 3 (g) Female Employees.--Female em ployees~ performing
substantially the same work as male employees shall receive the same
rate of pay as male employees, and, where they displace men, they
shall receive the same rate of pay as the men they displace.
SECTION 3 (h) Ha~ndicappCZ led Per"sons.--A pIerson whose earning
capacity is limited because of age or physical or mental handicap
or other infirmity, may be employed on light work at a w~age below
the minimum established by this Code if the emnployer objtamns from
the State authority designated by the United States Department of
Labor a certificate authorizing such person's employment at such
wages and for such hours as shall be stated in the certificate. Such
authority shall be guided by instructions of the United States De-
partment of Labor mn issumng certificates to such persons. Each em-
ployer shall file monthly w~it.h t~he Code Aut~hority a list of all such
persons employed by him, showing the wages paid to and the maxi-
mum hours of work for such employee.
Amend Section 4, by adding the followFiner new subsections.
SECTION 4 (e) The hourly limitations of section 4 (a) of the Code
shall not apply to any emlployvee engaged in emergency maintenance
or emergency repair work, involving breakdowns, and protection of
life and property; provided, however, that time and; one-half (1%)
the regular rates shall be paid for all hours worked in excess of eight
(8) hours per day, or forty (40) per week.
SECTION 4 (f) Pice~cworkl Com~pe~nation-M'2in~imnum WIa~ges.-
This Section establishes a minimum rate of pay which shall apply,
irrespective of whether an employee is actually compensated on a
time rate, piece-work, or other basis.
Amend Section 5, by adding the following new subsections.
SECTION 5 (a) Reclassfiffetlion of Em1ployces.--No employTer shall
reclassify employees or duties of occupations performed, or engage in
any other subterfuge so as to defeat the purposes or provisions of the
Act or of this Code.
SECTION 5 (h) Standards for Safety and Health.--Every em-
ployer shall provide for the safety and health of his employees at
the place and during the hours of their employment. Standards for
safety and health shall be submitted by the Code Authority to the
Administrator within three (3) months after thle effective date of
SECTION 5 (c) State Laruls.--No provision in this Code shall super-
sede any State or Federal law wThich imposes more stringent require-
ments on employers as to age of employees, wages, hours of work,
or as to safety, health, sanitary, or general wForking conditions, or
insurance, or fire protection, than are imposed by this Code.
SECTION 5 (d) Posting.--All employers shall post and keep posted
copies of this Code in conspicuous places accessible to all employees.
Every member of the Industry shall comply w~ith all rules and regu-
'lations relative to the posting of the provisions of Codes of Fair
Competition which .may from time to time be prescribed by the
SECTION 5 (e3) Nro employer shall kn~owingly permit any employee
to work for any time, Iwhicih, whe added to the time spent at work
for another employer or employers in this I~ndustry exceed 40 hours
SECTION 5 (f) No employee shall be dismissed or demoted by reason
of making a complaint or givinga evidence with respect to an alleged
violation of th~e Code.
Amend Section 7 bly deleting in its entirety, and substituting the
SECTION 7 (a) There shall be forthwith constituted a Code Author-
ity consisting of the six (6) members of the Code Committee of the
Cast Iron, Soil Pipe Assoi-sation and one (1) member to be elected
from among the members ofE the industry who are not members of
the Association, byv a fair mleth'od of selection wshich shall be subject
to review and disalpproval by the Administrator.
I]n addition to the membership as above provided there may be one
(1)to three nsrtr(3) members, without vote, to be appointed by the
SECTION 7 (b) Each trade or industrial association, directly or
indirectly participating in the selection or activities of the Code
(1I) impose no inequitable restrictions on membership, and
(2) submit to the sAdmlinistrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
SECTION 7 (c) 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 prescribe
such hearings as he may deem proper; and thereafter if he shall find
that the Code Authority, is not truly: representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification in t~he, method of selection of the Code
SECTION 7 (d) No member of the Code Authority shall particil
pate as a member of such Code Acuthority in any proceedings in
which he is interested by virtue of any connections with the Com-
plainant or Respondent, an~d in the event of any such disqualification
t~he Admlinistrator may appoint an alternate, who shall be a member
of the same group as the disqualified member, to act in the place of
the disqualified member of the Code Authority.
SECTION 7 (e) NOt11Dg contained in this C~ode shall constitute
the members of th Code Authority partners for any purpose; nor
shall any provisions of this Code be considered to render any member
of the Code Authority, exercising reasonable diligence in the conduct
of his dutes hereunder, liable to anyone for any action or omission
to act under this Code, except for his own wilful malfeasance or
SECTION )j (f) The Code Authority is hereby designated as the
agency to administer, supervise and promote observance of the pro-
visions of this Code, subject to the right of t~he Administrator upon
review to disapprove any action taken by the Code Authority.
SECTION 7 (g) The Code Authority may adopt by-laws and rules
and regulations for its procedure and for the administration and
enforcement of the Code, subject to the approval of the Admin-
SECTION 7 (h) The Code Authority shall have the right to use
such other agencies or individuals as it deems proper for the carrying
out of any of its activities provided for herein, provided that nothinQ;
herein shall relieve the Code Authority of its duties or responsi-
bilities under this Code and that such agencies shall at all times be
subject to and comply with the provisions hereof.
SECTION 7 (i) Upon complaint of any member or upon its own
initiative, the Code Authority shall investigate alleged violations of
this Code under such rules and regulations as the Administrator
SjECTIOx 7 (j) In order that the Administrator may be informed
of the extent of observance of the provisions of this Code: and t~he
extent to which the policy of the Act is being effectuated in the
Industry, the Code Aut~horit~y shall make such reports to the Ad-
ministrator as he may require and obtain from members of t~he
Industry through an impartial non-member of Industry :such in-
formation and reports as are required for the administration of
this Code. No individual reports shall be disclosed to ariy other
member of the industry or any other party except to such govern-
mental agencies a.s mlay be directed by the Administ~rator.
SEoTION 7 (k) In addition to informnation required to be sub-
mnitted to the Coie: Authorit~y, all or any of the persons subject to
this Code shall furnish such statistical information as the Ad-
ministrator may deem necessary for the purposes recited in Section
3 (a) of the Act to such Federal and State agencies as t~he Adminis-
trator may designate; nor shall anything in this Code relieve, my
person of any existing obligation to furni1sh reports to Goverrnment
SECTION 7 (1) The Code Authority shall appoint a trade practice
committee which shall meet with the trade practice committees ap-
poited under such other codes as may be related to this Industry,
orthe purpose of formulating fair trade practices to govern their
inter-relationships under this code and under such others to the end
that such fair trade practices may be proposed to t~he Administrator,
and when approved by him shall become a part of this code and such;
SECTION 7 (mn) The COde Authority shall establish, subject to the
approval of the Administratorl uniform specifications for the types
and sizes of pipe and fittings In accordance with Federal specifica-
tions---WW-P-101, and amendments thereto, and shall cause such
testsj and inspections to be made from time to time as will adequately
safeguard the public interest. When such uniform specifications
have been prepared and approved by the Administrator they shall
be published to all members of the Industry. Thereafter no mem-
ber of the Industryr shall knowingly sell or offer to sell any product
of the Industry without it being plainly marked that it does or does
not conform to the above specifications. This provision shall. not
apply to products manufactured prior to the effective date of these
SECTION 7 (n) If the Administrator shall determine that any
action of a code authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Admmnistrator may
require: that such action be suspended to afford an opportunity for
investigation of t-he merits of such action and further consideration
by sucrh code authority or agency pending final action which shall not
be effective unless thre Administrator approves or unless he shall fail
to disapprove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
Amend Section 8, by deleting in its entirety, and substitute the
SECTToN 8 (a) It being found necessary to support the Adminis-
tration of this Code, in order to effectuate the policy of the Act and
to maintain. the standards olf fair competition established hereunder,
the Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which shall be held in. trust for the purposes of the Code and
raised as hereinafter provided;
(2) To sulbmitt to the! Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary:
(1) an itemized budget of its estimated expenses for the foregomg
purposes, and (8) an equitable basis upon which the funds necessary
to support such budget shall be contributed by all members of the
(3) Atert~ such budget and basis of contribution have been
approv-ed by the Admimistrator, to determine and collect equitable
contribution as above set forth, and to that end, if necessary, to
institute legal proceedlingas therefore in its own name.
SECTION 8 (b) Each member of thle industry shall pay his or its
equitable contribution to thes expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry compinga with the Code and contrib-
uting to the exensecs of its Admimistration as hereinabove provided,
unless duly exempted from making such contributions, shall be en-
titled to participate in the selection of members of the Code Authority
or to receive thEe benefits of any of its voluntary activities or to make
use of any emblem or insign~ia of the National Recovery Administra-
SECTION 8 (c) The Code Authority shall neither incur nor pa~y any
obligation in excess of the amount thereof as estimated in its ap-
proved budget, except upon approval of the Administra~tor; and no
subsequent budget shall contain any deficiency item for expenditures
substantially in excess of prior budget estimates except those which
the Administrator shall have so approved.
Amend Section 9 and Section 10 by deleting them entirely.
Amend Section 11, by deleting in Section 11 (B) the following
" or plumbers' cast iron specialties ",
Further amend Section 11 by deleting Section 11 (e) and 11 (f)
and substituting the following therefore:
SECTION 11 (e) Quoting a total or lump-sum price on any schedule
of pip and fittingas.
SETON 11 (f) No member of the industry shall secretly offer or
make any payment or allowance of a rebate, refund, commissions,
credit, unearned discount or excess allowance, whether in the form of
money or otherwise, nor shall a member of the industry secretly
offer or extend to any customer any special service or privilege not
extended to all customers of the same class, for the purpose of influ-
encing a sale.
AL~nd further amend Section 11 byJ ading the following New Sub-
SECTION 11 (g) Guaranteeing against advances and declines in
published prices of the products of the Industry.
SECTION 11 (h) Predating or post-dating a~ny quotation or invoice
or accepting any pre-dated order or other predated contract for the
sale of any products of the. Industry.
SECTION 11 (i) No member of the Industry shall give any cash
discont~ at a rate excedngrl;r two percent (2%).0 Such1 discount shall
be allowed only on invoices paid on or before the 10th of the month
for shipments made from th~e 16th to the end of t~he previous month,
inclusive, and on mnvoices paid on or before the 25th of the month
for shipments made from the 1st to the 15th, inclusive, of the current
month; provided that the period may be extended to thirtyS (30) days
from date of invoice, covering shipments by water between the Pacific
Coast States and States situated East of t.he M~ississippi River.
SECTION 11 (j) In no instance shall a cash discount be allowed on
transactions financed through the medium of a trade acceptance or
a promissory note.
SECTION 11 (k) To accept, bonds or other securities in part or in
whole payment for products at a price which results, at the time of
the sale, in the seller receiving less than the effective filed price for
Amendl Section 14 by deleting in itsn entijrety, and subsstituting the
SECTION 14 (a) A member of the Indulstry may commit himself to
furnish products of t~he Indlustry over an extended period, at, prices,
for use In the construction of a particular project; if the character
of the project is clearlyl defined and identified, and if the volume of
products t~o be deliveredl is specified within minimum and maximum.
limits defined in terms of quantity on the basis of anticipated require-
ments, provided that such prices and/or conditions of sale are not
different than those effective prices and/or conditions of sale filed
with the Code Authority by such member of the Industry, and effec-
tive on the date when such commitment is made.
Further amend the Code by atdding* the followingr new Section, to
become Section 19:
No provision of this Code shall be so applied as to permit-monopo-
lies or monopolistic practices, or to eliminate, oppress or discriminate
against small enterprises.
Approved Code No. 1 ABmendment No. 3.
Registry No. 1128-01.
UNIVERSITY OF FLORIDA
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