NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CULVERT PIPE INDUSTRY
Ear ale by the Superlaendent of Documents, Washington, D.C. . Price 5 cents
Approved Code No. 511
Registry No. 1135--32
AS APPROVED ON AUGUST 27, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
Thris publication is for sale by the Superintendent of Documents, Governmnent
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commner~ce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIIERCE
Atlalnta, Ga.: 504 Post Office Building.
Birm~ingham, Ala.: 257 Federal Building.
Boston, M~ass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Chlarleston, S.C.: Chamber of Commer`ce Building.
Chicago, Ill.: Suite 1706, 201 N~orth Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallals, Tex.: Chamber of Commerce Building.
Detr~oit, Mich.: 801 F~irst National Bank Building.
Houston, Tex.: Chasmber of Commierce Building.
Indianlapolis, Ind.: C~hambher of Crolmmewl~~ Building.
Jacktsonville, Fla.: Chamber of ComlmerCeC BuIhl1;ng.
Kansas City, Mlo.: 1028 Bailtimore Avenue.
Los Angreles, Calif.: 116p3 South. Broardway.
Louisvlle, Kyg.: 408 Federal Bouibilngi~.
Memphis, Tenl. : 220, FederalI Building.
M~inneap~olis?, Mfinn. : 213 Federal Building.
N~ew Orleanzs, Lal.: Room 225-A, Customhouse.
New York, Nv.Y'.: 734 Customblouse.
Nor'folk;, Va.: 406j East Plume Street.
Philadelphia, Pa.: 4"2 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commercee Building.
Portlandc, Oreg.: 215 New Post Office Building.
St. Louis, MTo.: 508 Olive :trreect.
San Francisco, Calif.: 310 Cus~tombouse.
fieattle, W~ash.: 809 F'ederal Ofiee Building.
Approved Code No. 511
COD)E OF FAIR COMPETITION;
CORRUGATED ROLLED-IIMIETAL CUJLVERT IPIIPIE
As Approved on August 27, 1934
ArrnRovzIP~ CODE OF FAIRr COMPETITION IFOR THRE CORRUGAT'ED IPOLLED-
BfETAL CUL;VERT ]PIPE INSDUSTRY
An application having been duly made pursuanlt to and in. full
compliance with the provisions of Tfitle I at ~the Na~t~ional Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Compet~ition for the Corrugate~d R~olled-M~etal Culve~rt Pipe
Th~dustry, and hearing having been, duly held thereon anld the an-
nexed report onl said Code, containing findings with respect thereto,
having been made and directed to the President:
NlrOWV TH-EREF`ORE, on behalf of the P'resident of the Unitedt
States, i', Hugh S. Johnson, Administrator for InduLstrial RecoverS,
puruan toautorty estd i mebyExecutive Orders of the Presi-
dent, including Executive OrderNo6-3AaedDcmr30
1933, and otherwise; do hereby incorporate by: reference said annexedi
report and do Snd that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
willun ninety days I: may direct that there be a further hearin g on
such of the prov'isions of said Code as I mazy designate, and th-at any
order which I may make after such hearing shall have the effect of
a condition on the approval of ;said Code; provided, further, that thl~e
provisions of Article VII, Section (5), so far as they ~prescribe a
waiting period between th~e filing of revisedl price terms (i. e., actual
receipt of sucho revisedl price terms byr the duly designated agent or
agents of the Code Authority) and the effective date thereof, be and
they hereby are stayed pendingr my further order.
HoonaI 8 JOHNSON,
Admlrinistratlo r for Indu~str~ial Recorcry..
Approval recommended :
GEO. L. nBERY,
WasIn~hcrow, D. C.,
Alugust 97, 1934.
REPORT TO TH~E PRESIDENT
The WFhite House.
SmR: This is a report on the Code of F~air Competition for the
Corrugfated Rolled-~Metal Culvert Pipe Industry, the hearing having
been conducted in Washington on the 13th day of March, 1934, in
accordance with the provisions of Title I of the National Industrial
Recovery Act. This association claims to represent 76i.6'o of the
HO0URS AND WAGES
This Code provides that employees shall not be permitted to work
in excess of eight (8) hours in any twenty-four (24) hour period or
f-orty (40) hours in any one (1) week n~or more than six: (6) days
in any seven (7) day period.' Exception is made for twelve (12)
weeks in any twenty-six (26) week period during which time, how-
ev-er, overtime shall not exceed eight (8) hours in anly one (1)
week. The limitation on hours does not apply to traveling salesmen,
persons employed mn managerial or executive capacities who earn not
les than thirty-five dollars ($35.00) per week. W~atchmen are not
permitted to work in exce~s of fifty-six (56) hours in any week or in
excess of six (6) days in any seven (7) day period.
Five wage districts are provided in this Code, ranging on a scale
of fromt forty cents (400O) per hour to thirty cents (300) per hour.
The wage diistricts are in similarity to the wag:;e districts in the Steel
and Iron Induxstry Code. There is some interchange of employees
between these two industries. This Ind-ustry: is also in direct compe-
tition with the Concrete Pipe Manlufactur ingr Indus~try, Code ap-
proved December 30tht, 1933, and the Vitrified Clay Sewter Pipe
Manufacturing Indu~str~y, Codle a~pprovedl November 27ithl 1933, both
of which Codes~c provided a. slightly lower wagre rate than is set up in
this Code. It seems quite clear that the Industry would be placed
at a competitive disadlvanlta5e with the two compe~~cting Industries if
any other rate were provided.
ECONOMIC EFFEC~ITS OF THE CODE
This Indulstry, like all indulstr~i; eng:1ged- in construction endear-
ors, has suffered during the depression. The number of employees
in the Industry in 1929 was 1.660. In 1933 thne number of employees
in the Indutstrly was 1,596. However, the estimated number of em-
p~loyees in 10:r;4 is 1,791, I;-repreelt-n tin an mecrezlas of 7.00.~ of the 1929
level. It is believed that this increase is dlue to gE~ntral conditions
caused by codification of kindred industries.
Thle Deputy Administrato~r in his final report to me on said Code,
ha-vingc fournd as herein set forth and on the basis of all the pro-
ceedings in this matter:
I[ findl that:
(a) Said Codle is wcell des~igned to promote the policies and pur-
poses of Title I of the Nationa~l Indtustr~ial Rcovrc!y Ac~t, includ~ingb
remlovanl of obs~ltrlc~tionls to the~ free flow of inter~state and foreign
commerce wF~hich~ tenld to dliminidh thle amount th~ereof? and wcill prou-
vidle for the general we'tflfare by pr~omlotin the organI~izalt ion of i nu-
tr for the 'purpo of 'ooperant ivte action aog rde groups,' by
induc~in( and mintainin( united~ action of labor and mlanagemenlltl
under adlequalte g~overnmentaln sanctions and sulpervision, by~ elimni-
nating unfair competitive p~ractices, by ~r~omocting the fulles~t possible
utilization of the p~resent productive capackiy of ind~ustr~ies, by aoicr-
ng ulndue restrictions of production (except as many be temporarilyil
:required), by incr~easingr the colnsuzmption of industrial and agri-
cult ural products through increasing p~urchasin g powrer, b~y redlucinglr
and relieving~ unempl oymient, byipoigstanda rds of labor, n
byT othe-rwise. rehabilitatingr industry.
(b) Said Industry normally employs not more than 50,030 emn-
p~loy ees; it is not classified ,bry me as a major industry.
(c) Thle Code as aIpproved complies in all r~espec~ts wiith thie perti-
nont provisions of seai "Title of said Act, inc~ludingr without limita-
tion Surbsctionl (a) of Section 3, Subsection (a) of Section 7, andl
Subsectionr (b) of Sect~ion 10 thereof; andl thatt the applicant. asso-
ciation is an indiustrial association tr~uly representative of the afore-
saidl Industry; and that said association imposes no inequlitable
restrictions on admission to membership therein.
(d) The Code is not designed to an~d will not permit muonop~olies
or monopolistic practices.
sa(e) The Code is not designed to and wvill not elimninate or o~pp ress
mllenterprises anrd wJill nrot operate to discrimlinate against them.
(f) Those engraged in other steps of the economic process hn ve
not been deprived of the right to be heardl prior to approval of
Fsor these reasons, therefore, I hatve! approved this Code.
~Hoon[ 8 JOBNuson,
AU7GUST ~211 1934.
CODE OF FAIR COMPETITION FOR TH'IE CORRIUG)ATED
ROLLED-METAL CULVERT' PIPE INDUSTRY
ARTICLE I--FURPOSES OF THE CODE~I
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as the Code
of Fair Competition for the Corrugated Rolled-Metal Culvert Pipe
Industry, and shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.
ARTICLE II 17EFINITIONS
SECT'ION 1. The term Industry or the Industry as used
herein includes manufacturing andt/or selling by manufacturers of
corrugated rolled-metal culvert pipe of the full-round riveted type,
half-round flat-bottom type, nestable type, and/or corrugated rolled-
metal arches, designed for use in connection with waterways or other
drains, and/or modification of such products, and/or development
of same, and/or of other such products of culvert-pipe fabricators
or appurtenances or fittings produced by culvert-pipe fabricators for
use: in conljunction therewithl, designed for use in connection with
wTerway'~1.s or other drains, or all or any of them.
SECTION 2. The term member of the Industry means and in-
cludes anyone engagred in the Industry as above defined, either as an
ern1 i 1,yerl or on his owvn behalf.
SECTION 3. The termi "Asi~sociation as used herein means the "L Wa-
tional Corrugat~ted R~olled-JII-tn! Culvert Pipe Association ".
SECTION 4. T~he termn "' the Secretary ") and the Trea~surller means,
respectively, the Secretary and thle Tireasurer of the Association at
the time in office.
S::Ir>no 5. The term "' employee includes anyone, except a memn-
ber of the Indulstry, enngaged in the Industry in. atny capacity receiv-
ing compensation for his services, irrespective of the nature or
method of payment of such. compensation.
SECTION 6. The term "' employer includes anyone by whom any
such emfplolyee is compratedfl"' or employed.
SECTION 7. I'The terms "~ President "', "Act ", and "Aidministrator "
as usedcc herein shall mean respectively thle President of the United
States ", T'itle I -of the National Industrial Recovery Act ", and
the "Adm:linlictra;tosr for Industrial R~ecovery ".
Swrms'11: 8. The termn "Statte means any statte in the United
Sta~tes, or the District of Columnbia, or the territory of Alaska.
AnRTCLE III I10URS
SECTION 1. N~ro employee shall be permnit~ted to work in exrcss of
8 hours in any 24k-hour period or 40 hours in any one w~eek nor more
than 6 days in, any 7r-day period, except as herein othcrw-ise specif-
SECTION 2. Thle provrisions of this Article limiting hours, shall
not apply to traveling salesmnl:, or to pecrso~ns emlployed'- in mran-
agerial or executiv-e capacities, wh~o ea11rn not le~ss than. $U.00 pecr
SECTICox 3. WatchmenI shall nrot be permitted] to wocrk in. xcessl of
56 hours inl any week nor inr excess of 6 days in any 7-day pcr~iodl.
SCECTION 4. T'he maximum hours fixed~ in. Section (1) shalll not
apply for 12 weeks in any enalenda~r y~ear during which w-eeks, how-
ever, ov-ertimle shall not exceed 8 hours in any one week.
SECTION 5. N~o emnploy~er shall permit any emplloee. t~o work for
any time which, whecn totaled with that already p-erformledl for an-
other employer or emplloyers, in this or any other indlustry3 or trade,
exceedls the maximum permitted hierein.
SECION 6. Emp~loyers who personally performs manual work; or
ar engaged on mechanical operations shall be subject, to the extenlt
Permitted by the Act, to the same maximum hours as are provided
in this Code for employees.
A ARTICLE IV- AGES
SECTION 1. (a) WClage Districts are hereby establishedi as follow-s:
District Nlo. 1 comcprises the counties of Westmoreland~, Flayette,
Greene, WOashington, A~llegh~eny, Beaver, Butler, Arnstr~ong, Jepffer-
son, Cllearfield, Lawrencee, MIercer and Venango in the State of 1Pennl-
sylvamia, and thie counties of Trumnbull, Mahoning, Columbiana,
Belmont, Jeffefrson, Ashtabula, Ltake, Cuyahoga, Loratine, Seneca
and Lucas in the State of Ohio, and the counties of Marlshall, Oh~io,
Brock and Hancockr in the Stat~e of WVest Vrirglini, and the cities
along the Ohio River north of the City of Parkecrsburg, WT.Va.,
and the counties of Mionroe, Lewanee, Jackson, Wayne, Oakland,
Macomb and Washtenaw in. thne state of Miic~iga~n, the Chieng~ro
Switching district and the counties of L~ake and Du Pagre in thle
state of Illinois, th~e county of Lake in the State of India:nal and
the counties of Kenosha, Racine and Milwanukee in the state of
District No. 9 comprises the states of Ma~iryland, Delaware and
the D~istrict of Columbia.
District No. 8 complrises the states of Arizona, Niews Mlexico, Texas,
Oklahloma, Arkansas, and Louisianza.
District No. 4 comprises the states of TIennessee, Virg~inia, N~orth
Carolina, South Carolina, Georgia, Florida, Alabama, and Miissis-
District No. 5 comprises all that part of the United States which
is not included in. Districts ~No. 1, N\o. 2, NLo. 8, and NFo. 4 as herein
(b) No employees shall be paid less than--
4('91 per hour in District No. 1;
859~ per hour in District N'o. 2;
32# per hour in District No. 3;
300 per hour in District No. 4;
374 per hour in District. No. 5;i
except as herein otherwvise expressly provided.
(c) WCages above the minimum shall be promptly and equitably
adjusted having in view long standing wage differentials. I[n mak-
ing such adcjustmenlts the wage of no individual employee shall be re-
duced. The Code Authority shall within 30 days after the effee-
tive date of this Code ascertain from each member of the industry
and report to the Administrator on such adjustments made by said
manhers,;1'~ of the industry pursuant to this provision.
SECTION 2. NO~ office or clerical employees shall be paid at less than
at the rate of $15.00 per w;eekr; provided~, however, that each em-
ployer may employ~ one office-boy or one office-girl for each 20 other
office employees or additional fraction thereof, and that each em-
ployer may employ at least one office-boy or one office-grl; and,
provided further, that the minimum pay for office-boys and/or office-
girls shall be not less than 80%0 of the above minimum.
SECTION 3. The foregoing provisions of this Article establish a
minimum rate of pay, regardless of whether an employee is com-
pensated on a time rate, piece rate, or other basis. The rates of pay
hereinbefore provided shall not be understood to be t~he maxximum
rates of pay for the respective districts.
SECTION 4. A person whose earning capacity is limited because
of agre, phySion1 or mental handicap, or other infirmity, may be
employed on light work at a wage~ below the minimum established
by this Code, if the employer ob~tains from the State Aulthority,
designated by the United States Department of Labor, a certificate
authorizing such person's employment at such wa~ges and for such
hours as shall be stated in the certificate. Such authority sha.11 be
g-uided by the instructions of the United States Department of zLabor
mn issumng certificates to such persons. Ea~ch employer shall fle
monthly with the Code Authority a list of all such, persons employed
by him showing the wages paid to, and the maximum hours of work
for such employee.
SECTION 5. An emnployer shall make payment of all wages due in
law-tful currency or by negotiable check therefor, payable on demand.
TPhese wages shall be exem~pt from any payments for pensions,
insurance, or sickr benefits other thtn. those voluntarily paid byr the
wage earners or required by state laws. Wages shall be paid at
least twice each month and salaries at least at thne end of every
AnnCIEr VJ-G-ENERAL Laeon PRovisions
SECT~ION 1. No person under 18 years of ag~e shall be employed in
the Industry except as office-boys, office-girls and/or messengers.
No p~ersonz under 16 years of age shall be employed in. the Industry
in any capacity. In any state an employer shall be deemed to have
compllliedl with this provision if he shall have on file a certificate
or permit, duly executed by the Authority in such state empowered~c
to issue emnployment or age certificates, showing that the employee
is of the reqluiredl age.
SECTION 2. ]EmployeesC shall have the right to organize and bar-
gain collectively through representatives of their own choosing, and
shall be free from the interference, rest ralint or coercion of employers
of labor, or their agents, in the designation. of such representatives
or in self-orga~nization or in other concerted activities for the~ pur-
pose of collective bargaining or other mutual aid or protection.
SrEnTow 3. NJo empllloy7ee and no one. seekling~ emPll~` ,'llo et shall
be required as a, condition of' enipllo!'men'lt to joini anyl~ emp~ll?"ly
union or to refrain flroml joirmng, trga~;nizing, or ussisitingl a labor
BEI7CTIOrCN 4. Empllloyersr chall comply with the~ Ilna~inuinl hours of
laborl mlinimumll .rates' of paY, and7 o~therl ecialitionsr of ''mploy-'-
mecnt, aprt'1ovedl or prescr'ibed bylZI the f Pres~ident.
SEems.,. 5. Within each-'l State thli. Codle shanll not suplersele anyl
lawrs of such'l Stte ipsig oe trnen rqirementsLfC on
emplloyer re gullating the a e of emp!l~! loyees wages, hours of wEorkT
safety, or hrealthl, fir~e protectioon, or gfeneltI work1'ling~c conditionsl!
thani under this~ Code:T.
SCECTION 6. nO employer'C1 shall dit;llm:;is or demote any emloyee,3': '
for mauking~r a complaint or g~iving~ evidenlcec with resplect to an a~lleged
violaztion of this Code.
SECTIO)N 7. E~ery~ emnployer shall make reatsonable7 pr!ovisIonl for
the sa fety andl health of his empl-loyees at the pllace and during the
hours of their employment.t
rStandards for safe~ty and health shall be sublmitted by the Codte
Autho~it~y to the Adminnistratorl for appl!'roval within threePc monthfls
after thle effective date of this Code.
SEenoxCI 8. Within 10 days of the effective date each employ~,er
shall post, and thereafter manintain, in conspicuous p~laces necss-ib le
to emp~loyvees full cop~ies of this Code and anly amlendmllentsj or mod~li-
fications which ma~y later be approv~ed. Ev~\ery member of thet
Industry shall complyr with all rules and r~egulartions relative to
thle p'osting of provisions of thle Code which m~ay from time to
time be prescribed~e byr the Admini~tstoratr
SECHN 9. N~o emplloyer shall reclassify employees or occupantio-ns
p~erformled for tihe purpose of sending the provisions of the A~ct or
of this Code, nor en gag in any other subter~fu ge for such purpoi~ses
ACTICLE~ VI-DM1INISTII.iTION OF TH-E CODE
Stenox~ 1. A Code AuthlorityS is hereby etabnllished~lc. whichl shall
consist of member~cls of the Bo~nrd1 of D~irectors of thle Naltiona,~l Cor-
rugnte~d Rolledl-Metall Culvert Pipe~ .Ass~c~iationl at the timle inr clfice,
providedr that memllbers~ of the I~ndutl lry thlat are not mem~lbers~r of Such'T
Ass~oc~lio tio may1~ elCctf an addlitiona~l member~c of the Code Au~th~orit~y
at any timle w~ithIin II0C days afite the effective (tate of this Cod(e.Th
addritio~nal members~ so elected shall assumle his duties as a Ilueniber of
~rthe Code Athort 1 yI as soonl as thle Atlhninistratoo r notfifies the Cod!e
Authrit tht e asdte~rmined~r tha~t thle addlitionral member1~'1 has~c
beenr~l e~lec~ted~ by a falir nwl(tho~d of election andlr is trl'l'y rlepresenta~t~ ltive
oif th~e non-11wmber1Is of the As..a~cialtion. If nrO such ruentherCI of the
Codce Authrityi~i! isi elctdci withiin thre pres rcribed 60-llay pelr~iodi, thle
dlustryr whl-o areC nct Ilmbelrl''S of tle A~ssc~ciatio~n, an addl~itionlal niemi-
ber~1 of thc Cod~ce Au~thor~ity who~ Shalll be1 truly repre entatlf~livC of the
Srxenes 2. TIhe Administrator, in hiis d~isclcfretn,, ma1~ y point Ilot
mocre thnn three additional Ilnlembes without vote to repr'esllnt thie
Aidministatrato or suchi grloup, s or1 intere'sts as: ma be ngreedl lupon,
without expense to th~e Induzstry. Notice of all m~eetings to be held
by the. Codle iAuthor~ity shall be given to the Ai~dministrator and to
auch m~emberls of the Code Aluthority as are appointed by him.
S: I j-j:L 3. '-The admllinistration o~f thle Code sh~all be under the di-
rection o~f thle Cod7e Aur-thority which shall have all powers and duties
conifer~redl upon it by the Colle and such other pow-ers and duties as
mayi~ be;: i:;e-ted byB rules, reg~ulations or onk-e.;s of the A~dministrator.
SCISreo 4. Tihe Codc Au~thlor~ity shall have power froml timle to
tim;e to a~!ppintl andi remove, and to fix the compensation of, all offi-
cers anld e~nldoTyees and all such accountants, attorneys, and experltsi,
as sa~id Coide Au~thorityr Shall deem necessary and proper f~or the pur-
pose-; o)f adinilllster'ingf elth Code; providled,' howe~ver, that any indi-
viduals or firms of acount~ants, attorneys, invest~igators, or experts
acting at the instance or under the instructions of the Admlinistrator
shall be exempltedl from thlis provision an~d shall function without
expense to the In~tha~try. All acts performed by the Code Authority
under the provisions of this section are subject to the disapproval of
the Administrator on review.
SECTION 5. The A.~--soialtion shall (1st) impose no inequitable re-
strictions on membership and (2nd) shall, submit true copies of its
articles of incorporation, constitution, by-laws, regulatiions, and any
amendments wh]ien mlade thereto, together with such other informan-
tion as to membership, orgaanization, andt activities as the Ad~minis-
trat~or may deem necessary to eff~ect-uate the purposes of the iAct.
.Cr:r-.Ino 6. In order that the Code Au~thoritly shall at all times be
truly representative of the Industry and in other respects comply
w~ith the prov~iisions of the Act, the Admlninistrator ma~y provide such
hearings as he may deem proper; and thereafter if he shall find that
the, Co!de Aurthority: is not truly representative or does not in other
respects comply wilth the provisions of thle A~ct, knay require an
appropriate modification in the mlerthods of selection of the Code
SECTIOu 7. TThe Code Authority- shall be the general plannincg, co-
ordtinating,, and ad:min~istering~ agency of this Codle and shall wIke111
sutch r~ules and regullt~ions as malny be necessary or pr~oper for the!
administration of thiis Code and shall notify the Administrator of
all rules and regulations adopt~ed.
Sa(~L'INo fS. The Code Authority maIy from~1 time to time appoint
such committees as it mray deem necessary or proper in order to
effect~at-e th~e p~urp~ose of the Code, and it maxy delegate to any such
committee ge-!rlially or in par'ticula~r inS!; a nces such of thle powers and
dutriers of th-e Code Authocrity under thle Code as such Codet Authlority
shllc deem necessary or proper in order to effectuate such purpose.
Any member of any such commi-ttee may be a member of the C~ode
Authority, or an officer, a dlirctor, or an employee of a member of the
Indus1tr'y or a pe6rson nlt, havingr any official connection with any
in, wh~ler of the Industry or wsYith the Code Authority, as thre Codet
Au~thor'ity sh~all deemn proper. NZIo provision of this section shasll
relieve the members of the Code Authority from any of their rtesponl-
sibilities under the Code.
fE,-en.oN 9. In~ order to ascist in marking effective the reports from
the Industr~y and in eliminating unfair compect it ion, the Code Author-
ity ma~y app~oint aL commilitt e~e so cons~etritted as to give due consumer
and governmental representation, to make a study, with a view to
the cstablishm~cnt. of c.lnsd;ifia;tions a ndl tanllards of clime~nsion andt
quaI~lity of prtoductS of the Imhrl~tltry, whereve~~! ~r suc standlardsl- arel
demdfe b. The~ findlings- andJ rce ,lolrunanwhition ,r~of thlis comI-
the A.\intIni-tl;t (or, and a ftclr such h~earineL- as hre many des.-igna;te, andl
Senoli 10. Thei( Ciider Athritc,ty may apponlt. a !trae practice
conunittee to meet'I' wFith the tr~ilrl prac!'tiCe c-'uniriittc app ,lInltC'(d
under1~1 such other (odes1 as mnay be related] to this- Indu t ry) for thze pur-
pose of fanaullllating~ fair tr:ltde prac~tice to govern the relationshipsi l
betwmeen production and1~ distr~ibution em~p~o loyer under this Codc-e and.
une uhothers to thle end~ that.~ sulchl fair trade11 practices~ mnay be
propowd''! to the Admrinist ratorl as amendments to this Codet and such
Slcanrov 11. The Codte Authority mal~y up)on c'Omlplaintf of inter-
ested parties or uplon its own initiative make such inlquiry~ of the
observancle of this Cod~e as :may be unnecessary subject to such rules
and r~egulations as the Adlministratorr may prescr~ibe .
1SI:.TCro 12. E~c~h member of the Industry shall mnaket sulch sworn
or ulnsw~orn repo(.rts to thre Codte Authority or to the Aidminristrator
as .are required for th~e admlninis~trat~ion of the Codep. I~n addition to
information requir~ed to be ubmnitted to the Codte Authocrity, mem-
beri~s of the Industryr shall furnish such stati:stical inlfolrma~tio~n as the
Administrator may decem necessary for the purposc~es recitedl in See-
tion 3 (a) of the ALct to such. Federal and State agen~rcies aIs he may
designated; providecd thant not~hingr in th~is Code shall relieve any memn-
ber~ ~ ~ ~ ~~c ofteIdr fayeitn ob~ligaltionrls to furnish reports to
any GoverInmlenlt. ;Igency.. No individual reporl~t shall be dlisclosed
to aIny other mather1(.1 of the Inldustry or any lther~l party ecept t
such~ other Gov\clrlernmentl agenl~cies as may be dirrected~ by h Amn
Br-C'.cnoS 13. I~t being foundl nercessalry in order to shxpport thne ad-
In Iinri.-trat fion of this ('c.,et and1 to maIl intaIinI the tandardsl~l of fair comz-
petlitio-n e~tablished~l hereundelr~~r;r an to effcc.tuante the policy of the
Act, the Codc AuthoflCrifty is author'ized:
(a) T~o inener such reasonabn~tle ob~ligationsl as are necessary and
prope for the fo ong prnnpoes and to meet sulch cbligationis out
of fuds~1 w~hichi mayS be: praised as 'helrcina~fte~r p:roided and whiich
shall boe held in tl~rut for the purposes" of the Codel;
(b) To submit to the A2thninist ratorl1 for his approval\';1, subject to
.such'l notfire anrd opportunity to be heardIt as he many ctremi necessary
A~n item'11ized' bldge~t of its at imal~ted( expenies.- for thle foreg~oingI
A~n equ~itable bas~is uplon wrhich thec funds~ ne(Ccssary' to support
sulch hadgerct shll~t be contr~ibultled hy) memberstjl.L of thC LIm~lu~t ry;
(c) A~ftrl such budgo:rt and baI:s; o~f contribution have\ bee~n ap,
p~rovdc~ by the Aihninict rntcr, to determnine anli obtain equiitable
cont ribultion as above set for-th by1 a lrl monlv~)rl of thle ilndxstry and to
thant elicl if nle'cessa~ry, to inl;titutfe legal p~rcc~cceeings. thcrefor in its
SI;enox., 14I. (a) Eanchl member~~r of: thre indusltryJ Shall pay~ his or its
eq~uitable conrtrilutionl to thle expese~r ss of thle mainltelnanlc of thie
Code Authority, determined as hereinabove provided, and subject to
rules aind regulations pertlaining thereto issued by the Administrator.
Only members of the mdus.lctry3 comp~lying with the code and co~ntr~ib-
utingr to the exp-Ienses of its administration as hereinabove provided,
unless duly exemnpted from making such contributions, .shall be en-
titledl to'p~ar~ticipate in the selection of members of the Code APuthor-
it~y or to receive the benefits of any of its volunta:ry a7ctiv-Ities or to
mazke use of any emblemn or iin-igni of the National Recovery
(b) The Code Author~ity shllnl neither incur nor pay any obli-
gation subostantially in excess of the amount thereof as estimated in
its approved budget, exet.s-t;: upon approval of the Administrator;
and no subsequent budg~ret shall contain any deficiency item for exr-
pendtitures in ex~cess of~ prior budget estimates except those which
the ~Adcminist;tlrtr shall have so approved.
SECTION 15. T'he explcnses of the administration of the Code as
established in the budget to be established by the Code Authority
subject to the approval of the Administrator, shall be assessed
against each member of the Industry in proportion to the aggTregate
amount in dollars of the invoiced value of Industry products de-
livered by such member for consumption within the United States,
except Puerto Rico, and H~awaii, during the preceding calendar
year, in units of $25,000.00; provided, however, that fractions of
such units shall be disregarded except in cases where a member or
members of the Industr~y have so delivered less than $2;5,000.00
aggregate amountlll in dollars of invoiced value of Industry products
during the preceding calendar year, in which case, they shall be
assessed~~c in direct proportion to the inlvoiced value of Industry prod-
ucts deliveredc~ within the U~nited States, except Puerto Rico and
Hawtaii, in such precedinga calendar year.
SECTION 16. Any notice, demand, or request, required or permitted
to be made upon any member of the Industry shall be suffciently
given if mailed postage prepaid by registered mail to him at his
last known addreI~.
SECTION 17. Nothing containred in this Code shall constitute mem-
bers of the Code Authority partners for any purpose. Nor shall any
mlember of the Code Authority be liable In any manner to anyone
for any- act of any other inemberl,c officer, ag6ent, or employee of the
Code ALuth-ority. Nor shall any member of the Code Authority,
exw~ci~singr reasnnabrlell~ diligence in the conduct of his duties here-
urnder be liable to anlyone for arny act or omission to act under this
Code except for his own wilful malrlfusancell't or non-feasance.
SEcrrox~l 18. If the Adinilli;trator shall determline that any act of
the Code Authority or any Ag~ency thereof may be unfair or unjust
or contrary to the public int:-re t, the A~dministraltor mnayIcl r~eqirve
that such action be suspenllrd d to afford an opportunity ~foTr tionves
tigation of? the melr~its of such ac(tion! and further condeainb
such Code: Authority or Agenlcy pending final action. whlich. shall not
be effective unless the Administrator alpproves or unless he shall fail
to <1i n approve after thirty (30) days' notice to him. of intention to
proceed with such action in its original or modified form.
ARTICLE 711- ICE AN~iD TERMJS OF PATZENrT
S;ECTION 1. Each Miember of the Industry shall file wnith the Seet.
ret.ary of the Aiss~cia~tion (provided such Secretary is in fact a con-
fidential and dlisintere~stedl agent), or anly other confidential andl dis-
intere~stedl agent or agLents of the Codre Aulthority, or if Icnon, then
with an agent or agents designatedl by thle Admliinis:torao for the
period until the Code~ Author~ity shall hlave appointedl suc~h agent or
agents; certifiedl list of all hzis prilces, discounts, recbates.i, allowvances,,
andl all other terms and/or conditions of sale, hereinufter in this
Article referrede~ to as price terms ", for the State or States in
which he offers I~ndustryT products for sale, except where prices for
export or for te~lrritories or insular possessions of the UInitedl States
are invol-e~d. Such lists shall complYietely andt accuratel~j!y~ conforml
to and represent the ind~ividlual prlcing practices of said emb~er
SftECTIN 2s. StEc~~~u2fch lists shall contain the pries terms for all such.
standard products of thre Industry as are sold or offered for sale in
such State or States by said member, and for such non-standlardl
products of said M~ember as shall be designated by the Code
SECTION 3. Each price list so filed by each member shall state the
brand of meal in all products and/or items covered by such pr~ice
list, and shall define; in terms of analysis of base metal, gauge~,
weight, and type of coating or coatings; all grades of all products
and/r itms hichit reposes to offer for sale.
Sacrrox 4. 3Eachsuhltshlshw llisonslowbei
any to all purchasers. Eac~h M~em~ber of the Industry may classify,
but without limitation, purchasers according to the followcPing list:
dUnited Statesj Governmlent Departments.
el Cities and Towns.
~ECTION 5i. Said price terms shall, in the first instance be filled~
within ten (10) dalys after the effective date3 of this Codle. Suc~h
price terms as originally filed in the first instance shall b~ecomle effee-
tiive immediately upon receipt thereof by said agent.Reidpre
termls mayr be filed from time to time thereafter with the~c saidl agent
or agen~ts by any member of the In~dustry, p~rovided, however, that
such revisions shall be effective 10 days aftr the receipt of sulch filled
liss; and provided further, that any Mlember of the Inldustry may
file r~evisedl price terms to meet price term of anly other member of
th Indlust ry, established by the above method as of th~e eflFectiv9e dato
SECTION 6. Immediately~ upon receipt of such filled price terms
and revised price terms, said agent shiall promptly, byS first class mail
or by faster methodls. notify saidl memlber of the Indlustry of the timne
of receipt and the effective date of such price terms.
1 See paragraph 2 of order appforing thi Code.
SECTION 7. Such lists and revisions, together with. the effective
time thereof, shall upon receipt by said agent or agents be immedi-
aztely and simultaneously diistributed to all members of the Industry
who shall have previously signified their desire to receive such price
terms for certain States, and to all of their customers who have
applied to said, agency therefore and have offered to defray the cost
actually incurred by the Code Atluthority in. the preparation and dis-
tribu~tion thereof, and shall be available for inspection by any cus-
tomers at the offce of said agent.
SECTION 8. Said lists or revisions or any part thereof shall not be
made available to any person until released to all members of the
Industry and their customers, as aforesaid. The Code Authority
shall maintain a permanent file of all price terms filed as herein
provided, and shall not destroy any part of suchn records except upon
written consent of the Administrator. Upon request the Code Au-
thority shall furnish to the Admninistrator or any duly designated
agent of the Administrator copies of any such lists or revisions of
SECTION 9. WO member of the Industry shall sell or offer to sell
'directly or indirectly through an affiliated company or outhrwis by
anly means whatever any products/services ofthInuryfo
which price terms have been filed pursuant to the provisions of this
~Article, except in accordance with such price terms.
SECTION. 10. NJo member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy with any other
member of the Industry to fix or maintain price termr~s, nor cause or
attempt to cause any- member of the Ilndustry to change his price
terms by the use of intimidation, coercion, or any other influence
inconsistent with the maintenance of the free and open market
which it is the purpose of this Article to create.
SECTION 11. Any member of the Industry may enter into an agree-
ment with a dealer under the terms of which such dealer may agree
thzat he will sell the products of the Industry purchased from such
member of the Industry at prices which are not less than the price
terms filed with the Code Authority by such member of the Indus-
try and in effect at the time the sale Is made by such dealer; pro-
vided that nothing in any such agreement shall prevent thre free
disposal by such dealer of any distress or obsolete products which
he may have on hand unless such member shall agree to repurchase
SECTIox 12. The standards of fair competition for the industry
with. reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
anyg other industry or the customers of either may at any time com-
plain to the Code Authority that any ~filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopolly or the impairment of code wages and
w~orki nIg conditions. The Code Authority~ shall -within 5 days afford
an opportunity to the member filing the price to answer such com-
plaint and shall within 14 days make a ruling or adjustment thereon.
If such ruling is not concurred in by either party to th~e complaint,
all papers shall be referred to the Research and Planming Dlvislon
of NURA which shall render a report and recommrendation thereon
to thie Aldminstrator.
(b) Whe no dleclaredl emcrgency eistst as to any given product,
there is to be no fixed mninimu~~m basis for prices. It is intended that
sound cost estimnating mecthods should be used and that consideration
should be gi~rven t~o costs in thle determination of p~ric~ing po~lic~ies.
(c) W;hen an emiergncy exists as to any given ~prc-duc.t, sale
below the stated milnmumn price of such product, in violation of
Section 13 hereof, is forbidd~en.
SECTI( N 13. Emerge~ncy' Pirovisions:
(a) If the Admimistrator, after investigatfion hshall at, any time
find both (1) that an emnergency has ariselln within the inlu~stry in
any trade area or areas adversely~ afflecting small enterp-rises or
wagets or labor conditions, or tending toward. mnlorpoly- or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated mmnimnum~ pnice for a sp~eci-
fled product within the industry in any trade area or areas for a
limlited period is necessary to mitigate the conditions constituting
such, emergency and to effectuate the purposes of the Aict, thie Code
Authority may cause an im~partial agency to investigate costs in
any trade area or areas and to reconunend to the Admninistrator a
determination of the stated minimum price of the product affectted
by the emergency and thereupon the Administrator may proceed
to determine such stated minimum price.
~(b) W~hen the Administrator shall have determined such stated
mllnmuml price for a spec~ified product for a stated period~ in any
trade area or areas, which price shall be reasonablyr cal2culatedl to
mlitigate the conditions of such. emergency anzd to effectuate the
purpLoses of the Nationazl Industrial Rcove\ry ~Act, he shall publish
such price. There after, during such statedl period, no member of the
industry shall sell such sp'ecifi ed products withiin such trade area
or areas at at net realized pri~e below said -4tate~d minimum. price and
any such sale shall be? deemed destruct~ive price cutting. From
timle to time, the Code Authority may recommend review or recon-
sideration or the Admlinistr~ator may cause any determinations here-
under to be r~eviewred or reconsidered. and appropriate action tak~en.
A-rTICLE VI[I T1-NFATR PRACTICES
For all purposes of the Code the following described acts shall!
constitute unfair practices and the using or employing of any of
them shall be deemed to be a violation of the Codle, andl any mnembler
of thle Industry which shall directly, or indirectly, through any
officer, employee, agent, or representative, ulse or employ any o
such unfair practices shall be guilty of a vio~lation of the Clode:F
A. Nuo membe'tir of the 'Industr~lly shall give, permit to be given,
or dlirectly offer to give, anythingr of. value for the purpose of in-
fluecncing the action of any employee, agent, or representative of
another in relation to thie business of the employers of such emp~loyee,
the principal of such agent or thle represented party, without the
know ledgle of sulch e~mpoyer, princ~ipal or party. This provision
shanll not be construed to prohibit free? and general distribution
of articles commlonly used forI advertising, except so far ats suchbr
articles are actually used for commercial bribery as hlereinabovFe
B3. Imitating or simulating any trade mark or brandi used by anly
other member of thle Industry for the purpose of deceiving or mis-
l~leadin a urchaser or potential purchiaser ais to the product.
C. Te funishingf of articles more or less expensive, of better
or inferior quality, or of larger or smaller size than specified, with-
out making the proper adrjustments in the price and clearly indicat-
ing thie nature@ of the substitution at the time th~e order is accepted
byj the seller. Further, the furnishings of connecting bands, acces-
sories, or fittings without proper compensation therefore shall like-
w7ise he considered an unfair practice.
D. No mremnber of the Industry shall secretly directly or indirectly
mlake or offer to make anly payment, allowance, rebate, refund, com-
mission, credit, unearned discount, or excess allowance in the form
of money or otherwise, nor shall a member of the Industry offer or
exteird to any customer any special service or privilege not extended
to all customers of the same class, for the purpose of influenlcing a
E. Disseminating, publishing, or circulating any false or mis-
leading information relative to any product or price for any prod-
uct of any member of the I~ndustry, or the credit standing or ability
of any member thereof to perform anly work, or manufacture or
produce any product, or to the conditions of employment among the
employees of any member thereof.
]F. Inducing or attempting to induce anly party to a sales contract
with any member of the Industry to violate such contract.
G. Aiding or abetting any person, firm, or corporation in any
violation of the Code.
H. Mlakingf or giving to any purchaser of any product any guar-
ant~y or protection in any form against decline in the market price of
I. Issuing any invoice containing erroneous or misleading infolrma-
tion or issuing any invoice containing any terms which by subter-
fuge or otherwise allows the extension of a discount p~en ~~riod other
than is intended in the ~filed pricesx of a member of the Idsra
the time in effect.
Jr. Making any sale or contract of sale of any product under any
description which does not fully describe such product in terms cus-
tomarily used in the Inmdustry.
K. Re~ndering to any purchaser of any product in or in connection
with the sale of such product any service, such as distribution by
truck at various points on a project or other similar service or install-
ing or erecting the product or any other extra or special service,
without charging such purchaser the complete costs in connection
with the rendering of such service.
L. The manufacturer~ for sale of galvanized culvert pipe fromr
seconds or waster sheets which are not plainly identified as such, or
the sale of culvert pipe containing sheets which have been damaged
in fab3ricatinzg without plainly identifying as second-grade pipe.
The sale of galvanized culvert pipe as primes which does not bear
a brand and th~e name of the sheet producer and which does not show
the ga"uge of sheets and weight of spelter coatings.
1%f. The sale for culveirt llau-poses(~ of galvan~izrll cullverIt pipe? Fabr1i-
calted from sheets which havet a spelter~I conl~ting~ of a Ilowe~r werightl
thaln thec litandard1c 2-ounce hpl~clter counting requireda by Terlntativ
Standar;1Id Spccificat ion for Corugatedlll~ l Metal Pipe Cul\er1t4 "' adopted
b y the Amerl i(nn A ~ se e~intlion1 of ls~t ate! HEighnwa:y Olcas 18,ec
whlen such culvert p~ipe is brnln(ldl as scns"
NJ. Thelc publrishing~ or cirf'ullating of threntls or suits for inlflitring-
Inenrt of polten"t. or trade m1arks~ or of anyr mother legal Il':'li-weeing n"ot
in good~ faith, with the tenden~lcy or fc' ~~t, of halr assin cop etlll)(fi ton1s
or i it imllidting their cuIst( merc s.
O. It shall be3 aln unfair practice for any memb~ller o-f the TIndurstr~y
or for any emnployee or agency of any member of the I[nrlu tryS to
makie a lumnp-sumn quoctation on or lump-sum. sale of any bill of ma-
ter~ial inlclud~ingr any~V ptroduct. s of the In~ndutryo if scnrh bill of manterial
inc~luders any pr~oduc~ts or services other than the products or services
of the Indlustry.
]P. Making or offering to make any sale of any products of the
Industry in violation o th~e applicable provisions of Article VII of
SEenow, 1. This Code and all the provisions thereof are exrpressly
made subject to the right of the President, in accordance with the
provisions of subse~ction (b) of Section 10 of the N~ational Induslltrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, licensec, rule or regulation isisuedc under Title I of said Act
and sp~ecific~allyy, but without limitation, to th~e right of the P~residenlt
to cancel or modify his approval of this Code or ainy co~nditions
imposed by him upon approval thereof.
SCEcvrION 2. T~his Code, exscep~t as to pr~ovisionl required by the Act,
mayT be modified on the bas-lis of exper~'ienle or changes in circumn-
st dance, upon the rtc~onulnendattio~n of the Code AuLthority to the
Admuin ist ra:tor and upon such notice and hear~ingr as he shall speciify,
and to become effective on approval by7 the Admlinistratorf I.
Ai nncLE X--3foXlOPOLI~s, ETc.
NTo provrision of this Code shall be so applied as to perm~it mocnop-
olies or m~onopo~listic ~r'nctices, or to eliminate, oppress, or discim~i-
inate aganinst small enlterpr~ises
AlRTICLE XI ]PRIOE) TNCREA~SE
Whereasl the policy of thle ALct to increase. real p~urchasingi~r power
will beYt made~( impossiblel of cornsummatioti n if prices of c'oodc~ s and
erviesicreasc hrll e af~s~c raiy as wages, it is rcog!1 nizedl that pries
incrase shuld e dlayd al th~at, when madel, the same should,
so far as rar:cclnsonaly possib~tle, be limited to actual inlcrecasesr in thne
AnnI~clEr XII--Enurie D)ATE
This Cod>ie shall become eflfective on the 11th- dayI after its approval
by the Prerside~nt.
App~rovedl Code No,. 511.
Reg~istry No. 11's-32.
UNIVERSITY OF FLORIDA
lI~lI I I llll iillill1111111111111111 11111
3 1262 08856 1062