SRegistry No. 1201--1-01
NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR COMRPE TIT ION
COPPER AND BRASS MILL
1. Executive Order
2. Letter of Transmittal
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
AS APPROVED ON NOVEMBER 2, 1933
WE Do OUR PART
UNIV. OF FL UBC.
um T DEPT
*.C *WEPOSITORY UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHING TON : 1933
This publication is for sale by the Superintendent of Documents, Government
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CODE OF FAIR COMPETITION FOR THE COPPER AND BRASS MILL
An application having been duly made, pursuant; to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Compet.it.ion for t.he Copper and Brass Mfill Products In-
dust~ry, and hearings heaving been held thereon and the AIdministrator
having rendered hlis report containing an analysis of the said code of
fair competition together wit~h his recommnendat~ions antd ~findings
with respect t.hereto, and thle Administ~rator having found that the
said code of fair competition complies in all respects with th~e perti-
nent provisions of title I of said act and that the requirements of
clauses (1) and (2) of subsection (a) of section 3 of the said act have
NOW, THEREFORE, I, Fratnklin D. Roosevelt, President of the
United Stat~es, pursuant to th~e authority vecsted~ in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do approve the report, and recommendations and adopt the
findings of t~he Administrator, and do order thzat the salid code of
fair competition be and it is hereby approved.
FRANKLIN D. ROOSEVTELT.
THE WHITE HOUSE,
N~ovemnber 2, 19SS.
HUGH S. JOHNSON,
NOVEMBan 1, 1933.
The ~h~ite House.
SmR: This is a report on the proposed Code of Fair Competition for
the Copper and Brass M~ill Products Industry, and on the hearing
conducted thereon in Washington, D.C., on August 31, 1933, in
accordance with the provisions of the National Industrial Recovery
RESUME OF THE CODE As TO WAGES AND HOURS
The Code provides for a 40-hour week and an 8-hour day, except
as to outside salesmen, executive and supervisory staffs, with a further
provision that watchmen and power-house employees may work
48 hours in any week. Any employee may work m excess of the
maximum hours in case of emergencies, but in such event payment of
time and one half for overtime is provided.
Minimum wages are at the rate of 40 cents per hour for males
and 35 cents for females, unless the hourly rate for the same class of
work on July 15, 1929, was less than the respective minima, in which
case the minimum rates a~re not to be less than the hourly rates on
July 15, 1929, and in no event less than 35 cents for males and 30
cents for females.
The minimum wages provided are guaranteed whether t~he employee
is compensated on a time rate, piece rate, or salary basis.
Child labor is prohibi ted. The con ti nued employment t of physically
incapacitated employees and employers in clerical and laboratory
work and messengers who may be under 18 years of age is permitted,
provided the total number of both classes of employees does not
exceed 5%0 of the total number of employees.
GENERAL STATEMENT AND ECONOMIC REPORT
This is the Copper and Brass rolling mill industry, as more spe-
cifically covered by t.he definition in thle code. The code wa~s sub-
mnitted by the Cooper and Brass 10ill Products AIssociat~ion, an
organization including in its memberships more than 95%c of the
production of thie indlustry. As of July ~31, 1933, it represented a
capital inv-estment of $152,000,000 and on that date the member
firms employed approxima~tely 24,000 persons.
Pertinent da~ta on employment, wagres, and hours, as submitted by
the industry, is as follows:
Number Mlinimum Av~erage
employed wage rates horu o
1928..~.~..~.-~.--.---... ..-.......................... 25,915 39.7 50-55
192B. .. ... ... .~~... ~.....~~-.........~....._..~-................... 28, 324 30. 9 50-55
January 1933..................~............................ 18, 782 32. 4 38
August 15, 1933. ................... ................... ~--,-........~ 23, 782 3.I42
Under Code st August 15, 1933 rate of operation.. .................. 24, 000 40.0a 40
Operation under substantially the provisions of t.he Code has
resulted in the employment of approximately 5,000 additional
employees since the first quarter of the year and an increase in t.he
annual payroll of t~he industry of approximateely $4,500,000 is antici-
pated as a result of the Code.
The Executive Committee of the Copper and Brass MIill Product~s
Association are set up as a planning and fair-practice agency to
cooperate with the Administrator in t~he enforcement and admins-
tration of the code and all acts of t~he administrative group are made
subject to the disapproval of the Administrator.
Certain products produced by the industry are used both for
electrical and other purposes, and a difference of opinion arose between
the manufacturers involved as to whether these products should be
subject to the electrical code rather than t~he code of this industry.-
The different firmss interested have agreed that thley will settle the
question among themselves and no difficulty of administration is
I believe that the code is fair to Industry, to Labor, and to the
Consumer, and in necordance with the intent; and purpose of ~the
National Industrial Recovery Act.
I find that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title. I of thle Ac t, incl ud ing w-i thou t lim nita tions,
subsection (a) of Section 7 and subsection (b) of Section 10 thereof;
(b) The applicant group imposes no inequlitable restrictions on
admission to membership therein and is tr~uly representative of the
Copper and Brass Mlill Products Industry; and that
(c) The Code as recommended is not designed to promote mionop-
olies or to eliminate or opprecss small enterprises and \\11l not operate
to discriminate against themi, andi will tend to effectuate the policy
of Title I of t~he National. 'Industrial Recovery Act.
Accordingly, I hereby recommend the approval of this proposed
Code of Fair Compet~ition for the Copper and Brass M~ill Products
HUce S. JoHNSON,
CODE OF FAIR COMPETITION OF THE COPPE~R AND BRASS
MILL PRODUCTS INDUSTRY
SECTION 1. The term "the President" means the President of
the United States of America.
SEc. 2. The term "the Industry mieans the industry of rolling,
drawig an foringand re-rolling and re-drawving, for sa.lem
the openg marke mill products, including sheets, strips, rods, wire,
pipe, tubes and shapes of copper, brass, bronze or related alloys.
It shall not include the manufacture of wire and cable of copper
or copper alloy for electrical transmission.
SEC. 3. 1116 terml "mRDUfRcturer" includPS all tl10s8 engngell ill
manufacturing in the Industry as defined above.
SEc. 4. The term "Executive Committee" means the Executive
Committee of the Copper and Brass Mlill Products A9ssociation.
SEc. 5. The term "Administrator as used in this Cod~e means
the Administrator appointed by the President to administer Title
I of the National Indust~riail Recovery: Act, and at the time in office.
ARTICLE JII-G GENERAL PURPOSE
SECTION 1. This Code is adopted pursuant to TIitle I of the
National Industrial Recovery Act, and shall apply to all manufac-
SEc. 2. It is the purpose of this Code to set up standards of fair
competition which will improve the conditions of employ-ment of
labor, eliminate unfair competitive practices, safeguard the interests
of the buying public through an open and simple price structure,
and otherwise rehabilitate the Industry, so as to carry out the policy
of the National Industrial Recovery Act.
ARTICLE III-LABOR AND EMPLOYMENT
SECTION 1. Minimum Age Limit.--No person under eighteen years
of age shall be employed, except that in clerical and laboratory work;
and for messengers the minimum age for employment shall be sixteen
years, provided, however, that where ai state law provides a higher
minimum age no person below the age specified by such state law
shall be employed within that state.
SEc. 2. Old an~d Disabled Employees.---The Ind~st~ry heretofore
has pursued the policy of retaining employees of long service records
who have become incapable of full productive effort because of old
age or physical disability by giving them work which is within their
abilities to perform. This policy wvill be continued.
SEc. 3. Minimum WVages.-It is agreed that the following paraugraph
establishes a, guaranteed minimum rate of pay regardless of whether
the employee Is compensated on the basis of a time rate or piecewrork
performance or salary basis.
The minimum wage of any male employee 18 years of age and over
in the Industry shall be 40k per hour of work and the mmirmum wage
of any female empoyee eighteen years of age and over shall be 35# per
hour of work, unesthe hourly rate for the same class of work on
July 15, 1929 was less than the respective one of these minima., in
which latter case the minimum shall not be less than the hourly rate
on July 15, 1929 and in no event less than 350 for males and 304 for
females; provided, however, that the difference in the above minimum
wages shall not in any way be considered as a discrimination by reason
of sex, and where in any case women do substantially the same work
or perform substantially the same duties as male employees they shall
receive the same wage as men receive for doing such work or perform-
ing such duties. The minimum wage for any employee between the
ages of sixteen and eighteen years, as classified in Section 1 of this
Article, and for old or partially incapacitated employees, as classi-
fied in Section 2 of this Article shall be not less than 80 percent of such
minimum wage, but the total number of such employees shall not in
any calendar month exceed 5 percent of the total number of employees;
provided, however, that where a state law provides a higher nmrlmum
wage no person shall be employed in that state at a lower wage than
that specified by such state law.
SEC. 4. natlmum Hours of Waork.--The maximum hours that any
employee, except outside salesmen, executive and supervisory staffs,
shall work in any one day shall be eight hours, and in any calendar or
pay-roll week 40 hours; provided, however, tha t watchmen and power
house employees may work more than 8 h~ourls per day and more
than 40 hours per week, but not in excess of 48 hours in any weekr
Without overtime payment of employees. In case of emergaencies-of
any character, such, for exam ple, as those arising from the need of
repairs or of meeting unusual requirements of peak production. or
shipment, any employee., upon request of the employer, may work a
total number of hours greater than 8 hours in any one day, or 40 hours
in any one calendar or pay-roll week, the excess work in such case
over 8 hours in any day or over 40 hours in any one calendar or pay-
roll week; to be paid for at one and one half the regular hourly rate;
but this provision shall not be construed to require more than one
overt.ime payment for the same overtime work, and shall not apply
to watchmen and power house employees except for time mn excess of
48 ours per week.
SEc. 5. 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.
SEc. 6. No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or to
refrain from joining, orgaizing, or assisting a labor organization of
his own choosing.
SEc. 7. Employers shall comply with the maximum hours of labor-
minimum rates of pay, and other conditions of employment, approve
or prescribed by the President.
SEc. 8. There shall be an equitable adjustment of wages above the
minimums herein prescribed, to the end that so far as may be equii-
ARTICLE IV-SALEB TERMB AND CONDITIONS
BECTION 1. Credit Terms.--All manufacturers shall adopt and
maintain uniform credit terms, to be established by the Executive
Committee. Such credit terms shall clearly appear on all quotaltions,
contracts, invoices, and acceptance of orders.
SEc. 2. Terms and Conditions of Contract.-All manufacturers shall
adopt and maintain fair and equitable uniform contract t~ermls and
conditions to be established by the Executive Committee.
SEc. 3. Defa ults.--Neglec t by ma nu fac turers to en force e con tra cts,
or variation from the terms or conditions of contracts when estab-
lished, as hereinbefore provided, as a means of evading price schedules
or securing the customer's favor, are forbidden as unfair competition.
SEc. 4. Secret Rebates.--No manufacturer shall grant secret rebates
or concealed favors to customers.
SEc. 5. Unilform PraXctices.--It is the policy of this Code to bring
about uniformityv on the part of all manufacturers in regard to con-
signments, freight allowances, the granting of options, and other
uniform fair and equitable sales practices, including treatment of
ARTICLE V--PRICE ScHEDULES
Every manufacturer shall issue and distribute to the trade, and
shall file with the Executive Committ~ee, price schedules clearly stat-
ing all products for sale by such manufacturer, the prices therefore, and
the quantities to which such prices apply, and also the prices which
such manufacturer offers to pay for scrap. Each manufac turer, upon
issuing new price schedules or any revision thereof After the effective
dates fixed as hereinafter provided in this Article, shall immediately
fie a copy of such schedules or revisions with the Executive Committee.
Sales directly or indirectly by a manufacturer of his products or
purchases of scrap at prices other than those stated on the latest price
schedules of such manufacturer filed wsith the Executive Committee
a~re forbidden as unfair competition. Sales shall be deemed to include
finished mill products supplied by a manufacturer to his subsidiary or
a department for reworking, and such sales shall not be made at prices
less than those stated on such manufacturer's latest price schedules
fied with the Executive Committee.
Owing to the complexity of manufacturer's price schedules, time will
be requn-ed for the construction of complete price schedules to con-
form with this Article V. Therefore, the provisions of this Code, in
so far as they depend upon the price schedules provided for in this
Article V, shall not become effective as to the respective products
until dates which shall be fixed from time to time by the Executive
Committee for each such product. The Executive Committee shall
give written notice of every such effective date to each manufacturer
who shall be a member of the Copper and Bra~ss M~ill Products Associa-
tion, or if not a member, whose address shall be recorded with that
On the effective dates fixed for the respective products the price~
schedules for each such product fied by each manufacturer shall
apply to all unshipped material on contracts outstanding on such I
date entered into subsequent to the effective date of this Code, but
in no case shall such contracts be filled at prices lower than the base j
prices with the qualifying extras in the contract.
The Executive Committee shall consider the subject of contracts in
existence on the effective date of this Code, and shall make recom-
mendations to the Association as to the disposition of such contracts.
It is clearly understood that each manufacturer shall be free as all
times to name the sale prices for his products and his purchase prices
for scrap; but such prices shall be stated in price schedules to be filed
with the Executive C~ommittee, and shall be observed, as hereinabove i
pro vid ed .
ARTICLE VI--PRICE PROTECTION
The practice of giving to customers protection against advance in
price and guaranty against deehine in price is generally mnjurious, and
is forbidden as unfair competition, except as specifically permitted by
the price schedules referred to in Article V in the case of sales to dis-
tributors and sales under options in connection wvith job contracts.
No manufacturer shall enter into any understanding or agreement
with a customer that a contract or order accepted from such customer
is to be binding only in case of an advance in price over the price
named in such contract or order. Where a contract or order Is in
good faith put into transit to t~he manufacturer, the manufacturer
may accept such contract or order, notwithstanding an advance of
price between that time and its receipt by the manufacturer. A
manufacturer may accept a contract or order based upon a quotation
offered by him, provided the customer accepts the quotation promptly
and in good faith, notwithstanding a price advance between the date
of the quotation and the acceptance thereof by the customer. Except
as hereinbefore provided, no manufacturer after an advance in his
price shall accept a contract or order at the price effective prior to
such advance. A manufacturer may accept a contract or order at
his price in effect at the time of the receipt thereof, notwithstanding
the price has declined below the price named in such contract or
The selling of the products of the industry to distributors at prices
lower than prices given to other customers is recognized as a proper
trade practice, provided such lower prices are fully and clearly set
forth in the price schedules of the manufacturer as provided in Article
V. No manufacturer shall give such lower price to any buyer unless
he be a distributor of acceptable credit,' roucs regularly engaged in the
wholesale business and carrying adequate stocks of the manufactur-
Whereas, the great preponderance of sales by manufacturers in.
this industry is made writhout the intervention of distributors and
the sale by distributors, where such services are used, at a price less
than the manufacturer's published price schedules would unfairly
break down the open price structure provided for in Article V hereof,
any manufacturer may enter into atn agreement with a distributor by
which such distributor may agree that he will sell the products PUr-
chased from such manufacturer at not less than the prices contamesd
in the published price schedules of such manufacturer in effect at the
time of any such sale.
ARTICLE VCIII--INTERMEMBER SALES
Sales of mill products by any manufacturer to other manufacturers
for resale in the same form as purchased, may be made on any basis
mutually satisfactory to them.
ARTICLE IX--GENERAL UNFAIR PRACTICES
SECTION 1. Adherence to Standardts.--Devia tion fromt standard
specifications to be established by the Copper and Brass Mlill Products
Association for products of the Industry for the purpose of ev-adinga
the provisions of this Code is forbidden as unfair competition.
SEc. 2. LUm1p Sum Bidding.--All bids shall be based on the price
schedules showing each item separately andi items shall not be lumped
for bidding in any manner other than provided in such price schedules.
SEc. 3. Trade Mlarkls and Trade N~ames.-The imitation of the
trade marks or trade names of other manufacturers havingr the t~en-
dency to mislead or deceive customers or prospective customers, orr
consumers, or the tendency injuriously to affect the business of such
competing manufacturers, is prohibited as an unfair method of
Src. 4. Flse~r Laelng.;~-The false markin, Ihlablng, or branding
of any product which has the tendency to mislead or deceive cus-
tomers, or prospective customers, or consumers as to the quality,
size, material, character, or grade of such product, is prohibited as an
unfair method of competition.
SEC .5 5. False Adver)Ptiing. -The. maki
or the assertion in such advertisement of exaggerated claims, concern-
ing the gra.de, quality, character, material, origin, or size, which has
the tendency to mislead or deceive customers, or prospective cus-
tomers, or the ultimate retail purchasers, or the tendency to injure
the business of a competing manufacturer, is prohibited as an unfair
method of competition.
SEc. 6. Commercial Bribery.--The direct or indirect giving, per-
mitting to be given, or offering of money or anything of value, by a
manufacturer, or his agents, employees, salesmen, or representatives,
to the agents, employees, buyers, or representativ-es of customers or
prospective customers, or to the customers themselves, for the pur-
pose of inducing such customers, or their agents, employees, buyers,
or representatives, to purchase or contract to purchase products from
the manufacturer making such gift, or suffering the same to be made,
or to refrain from dealing or contracting to deal with competing manu-
facturers, is prohibited as an unfair method of competition.
SEC. 7. Defamation of Competitore.--The defamation or disparage-
ment of competing manufacturers by falsely imputing to them dis-
honorable conduct, inability to perform contracts or to make deliveries,
questionable credit standing, or by other false reports having the
tendency to mislead or deceive customers or prospective customers,
is prohibited as an unfair method of competition.
To further effectuate the policies of the National Industrial
Recovery Act, the Executive Committee is set up to cooperate with
the President as a planning and fair practice agency for the Industry.
The President in his discretion may appoint not to exceed three non-
voting representatives to serve with the Executive Committee in the
administration of this Code. Such agency may from time to time
present to the President recommendations based on conditions in
the industry as they may develop, which will tend to effectuate the
operation of the provisions of this Code and the policy of the National
Industrial Recovery Act, and in particular along the following lines:
(1) Recommendations as to the requirements by the President of
such report of statistical information from persons engaged in the
industry as may be required to secure the proper observance of the
Code and the stabilization of employment.
(2) Recommendations for the making of requirements by the
President as to practices by persons engaged in the Industry as to
methods and conditions of trading, the nanung and reporting of
prices which might be appropriate to avoid discrimination, to prevent
and eliminate unfair and d~estructive competitive prices and practices.
Such recommendations, when approved by the President, shall
have the same force and effect as any other provisions of this Code.
Such agency is also set up to cooperate with the President in making
investigations as t~o the functioning and observance of any of the
provisions of this Code at its own instance, or on complaint by any
To further effectuate the policies of the Industrial Recovery Act,
the Executive Committee shall hold itself in readiness to assist and
keep the Administrator fully advised and to meet with the Adminis-
trator's representative from time to time as requested, to consider
and study any suggestions or proposals presented upon behalf of
the Admlinistrator or any member of the Industry regarding the
operation, observance, or administration of this Code.
In addition to information required to be submitted to the Execu-
tive Committee, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the National Industrial
SECTION 1. Reports on Shipments.--Each manufacturer shall report
his shipments monthly to the American Bureau of Metal Statistics,
or to such other organization or person as may be designated by the
Copper and Brass Miill Products Associa~tion, in the form provided
for the purpose.
SEc. 2. Reports on Job Contracts.-Each manufacturer shall report
t~o the Executive Commit~tee all contracts written for merchandise
products, such as pipe and tube, extruded architectural shapes, sheet.
roll, and strip copper for buildings, giving quantities, amounts, and
the account within three days after the receipt of the contract by
SEc. 3. Reports of Defaults and Cancellations.--Each manufacturer
shall report to the Executive Committee all defaults on contracts or
cancellations thereof, giving the attending circumstances and the
action actually taken by such manufacturer with respect to such
defaults and/or cancellations.
SEc. 4. The Secretary or other offcer designated by the Executive
Committee shall receive the reports called for by Sections 2 and 3 of
this Article XI.
SEc. 5. Reports.--EveryT manufacturer shall furnish any special or
general reports requested by t~he Administrator.
ARTICLE 11I-110ODIFICATION AND SUPPLEMENTS
Such of the provisions of this Code as are no t req uired to be included
therein by the National Industrial Recovery Act may, with, the
approval of the President, be modified or eliminated as changes in
circumstances or experience mlay indicate. It is contemnplatt.ed that
from time to time supplementary provisions to this Code or addi-
tional codes may be submitted for the approval of the President to
prevent unfair competition in price and other unfair and destructive
competitive practices and to effectuate the other purposes and policies
of Title I of the National Industrial Recovery Act. Pursuant to
Subsection (b) of Section 10 of Title I of the National Industriatl
Recovery Act, the President may fromt time to timne cancel or modifys
any order, approval, license, rule or regulation issued under said T'itle.
ARTICLE ,YIII--11NOF OLISTIc PRACTICES
It is expressly understood that no provision in this Code shall be
interpreted in such a way as to condone or permit conduct or opera-
tions tending to promote monopolies or to eliminate or oppress small
enterprises, or to discriminate against theml.
ARTICLE XIV-EFFFECTIVE DATE
This Code shall become effective on the second M~onday followig
its a.pproval by the President.
Any action taken by the Exiecutive Committee or by the Copper
and Brass Miill Produc'ts Association or any group within the Industry
for the purpose of making effective the provisions of this Code mray,
in the discretion of the jExecutive Comm~ittee, be submitted to the
Adiminist~rator for approval, and shall in any case be subject to the
disapproval of the Administrator.
No inequitable restrictions shall be imposed upon membership in
the Copper and Brass M~ill Products Association or its successors.
UrlIVERSI'TY OF FLORIDA
3 1262 08851 7643 E~i