Code of fair competition for the cast iron pressure pipe industry as approved on December 30, 1933 by President Roosevelt

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Title:
Code of fair competition for the cast iron pressure pipe industry as approved on December 30, 1933 by President Roosevelt
Portion of title:
Cast iron pressure pipe industry
Physical Description:
p. 579-589 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

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Subjects / Keywords:
Cast-iron pipe -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1128-06."
General Note:
"Approved Code No. 192."

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952550
oclc - 63655279
System ID:
AA00007012:00001

Full Text







NATIONAL RECOVERY ADMiINISiTRATION




CODE OF FAIR COMPETITION

FOR THE


CAST IRON PRESSURE PIPE


I
For salle by the Superlatendent of Documents,. Washington, D.C. Price 5 cents


Approved Code No. 192


Registry No. 1128--08


WE DO OUR PART


O~~ xecltive Order
2. Letter of Transmittal
3. Code




UNITED STATES
GOVERNMENT PRINTING OFFICE
WRASHINGTON: 1934


I


INDUSTRY

AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT

























This publien:tiot n is for sale by\ the uPllerintendent of Documnents, Government
Printing Offie. wVasingtl~on, D).(.. undl by district oiffices~ of thle Bureau of
Foreign andi Domellstic e commercee.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlantoi, Ga.: 50-1 P'ost Office Building.
Birmiingham,, Ala.: 257 Federal Building.
Boston, Mass. : 1801 Custombiousel.
Buffalo, N.Y1.: Chamb~er of Commerce Building.
Charlscton,, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1700t, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dalllas, Tex.: Chamrber of Commerce Building.
Detroit, M~ich.: 2213 First National Bank Building.
Houston, Tex.: Chamiber of Commerce Building.
Indlinnup~olis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansus;1 City, Mo1.: 1028 Baltimore! Avenue.
Los Angeles, Calif.: 1163 South Brondwlfay.
Louisville, Ky.: 408 Federal Building.
M\emplhis, Tenn.: 220 Federal Building.
Mlinneapolis, M~ina.: 213 Federal Building.
Newr Orleans, La. : Rooml 225-A, Customhouse.
R'Ne Yor~k, NV.Y.: 73-1 Customhouse.
Nor~folk, Va.: 4100 East Plume Street.
Philadelp~hia, Pa.: 933 C~ommnercial Tr'ust Building.
Pittsburgh, Pa.: Chambier of Commerce Building.
Por~tlanud, Oreg.: 215 New Post Offlee Building.
St. Louis, M~o.: 506> Olive Street.
Saln Francisco, Canlif.: 310 Customhouse.
Seattle, Washl.: 809I Federail Building.














Approved Code N'~o. 192


CODE OF FAIR COMPETITION
FOR THE

CAST IRON PRESSURE PIPLE INDU'I-STRY

As Approved on D~ecemnber 30, 1933


PRESIDENT IROOSEVELT






Executive Order

An application having been duly made, p~ursuant to anrd in full
compliance with the provisions of TCitle I of thne Nationailrl Industrial
Recovery Act, approved June 16, 1933, for my approval of a, Code
of Fair Competition for the Cast Iron Pressure Pip~e Industry, anzd
hearings having been held thereon and the Adm~iinistrator having
rendered his report containing an analysis of the said Code of Fair
Competition together with his recommendations and findings with
respect thereto, and the Administrator having foundi that the said
Code of Fair Competition complies in all respects w~ith the pertinent
provisions of Title I of said Act an~d that the requ~iremnentss of clauses
(1) and (2) of subsection (a) of Sectionr 3 of the said Atct have
been met:
NOWZ, THEFREFORE, I, Frank~lin D. Rooseveclt, President of
the United States, pursuant~ to t~he authority vested in me by Tiitle I
of the Nastional Industrial Recover~y Act, adpproved June 16, 1983,
and otherwise, do approve the report ind recommendations and
adopt thle findings of the Admninistrator, and do order that the said
Code of Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommendeed :
HUGHr S. JOHNSON,
Admilnistratfor.
THE T\HI~TE HOUSE,
Dicemnber 30, 1033.


293178 "--200J-108-- 34


(579i)













The PREIDENTECEM BER 14, 1983.
The Whllite Houlse.
SIR: This is a report on the Code of Fair Competition proposed
for t~he Clast Iron Pressure Pipe Industry, and on the hearing con-
ducted~ thereon in Washington, D.C., on O~ctober 9, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.

PRo\IsIONS OF THE CODE AS TO U AGES AND Ho~Rn
The IndustryS proposes a 36-hour week for prouctio pem Fpl oyee
with an allowance for peak demands of 45 husprwe o
weeks in any 6-month period. Time and one half the regullar rate
is to be paid for workl in excess of 36 hours per week or on Sundays
and holidays, except that. emergency, repair, and maintenance em-
ployees mayl work on anly days up to 36 hours per week without
overtime.
Office emplloees m~ay' wIork up t~o 40 hours per week averaged over
a 1-mionthi period, bult shall not, work on more than P7 days in any
31-day period.
Watchm~en and firemlen may work not more than 56 hours nor 6
days in anly period of 7 days. WVhile an 8-hour dlay is not required
by the Codle, thle principle of the 8-hour day is recognized by a state-
ment therein.
A minimumll wIage is provided of 35 cents per hour in the North and
30 cents per hour in the South, to apply to all except office and super-
annuated employees. These minimum wages are the highest in the
history of this Industryv. A limitedl number of office boys and girls
and superannuated employees may be paid not less than 8070 of the
stated minima. Other ofce employees shall be paid not less than
$15.00 per week.
Wages above thle minimiia are to be e~quitably adjusted~.
Child labor is prohibited, and nio person under the age of 18 year
may be emiployedt in a hazardous occup-ation.
GENERAL STATEMENT
This Ind~ustryS has been established since 1815, and there are now
5 producing areas in the Unlited States. Its product is used largely
in the distribution systems of water and gas utilities, and is made
under rigid specifications adopted by individual customers or by
recognizedl associations. Due to climatic conditions, and by reason
of the fact that under municipal budgets orders for material are not
plaed nti spin orsumerthelaing of pipe is seasonal. New
residential sections create a demand frwtradgsisalto
by pulblic-service corporations. In 19271, when residential construc-
tion w~as at its peak, about. 1,500,000 tons were produced, valued at
(ase)






581


$65,550,000. In recent years construction has~ declinedl sharply, with
a correspondiinga decrease inl production in. this TIIIndstry. Trhis fact
is clearly shown in the following figu~lres sllubitted by the Industry:
Prodwaotion
slet tone
1923 .. .. -- ..--- --- ----- --- --_ 1, 414, 253!
1926 .. .. ----_- -- ---- ------ --- 1,535,956
1927 _____---_ ---_ -_ _-- 1, 490, 590
1028 __----- ------------- --------- 1, 371, 327
1929 .. __-_____---_--__- 1, 293, 106
10)31_______ _-__- -_ ____- -___ 945, 338
1933__-_- __-_--------- 409, 950
Pertinent~ figures withl respect to emplloymnent are submlitted by the
Industry, as follows:


Number of Minimum Average Estimated
employees wage per hours per weekly pay
hour week rolls

1920.................~_......................~~. 13, 902 $0. 307 54. 2 $347, 486. 41
1920...........~..-...-..................~..~...~....... 11, 093 .307 49. 6 269, 711. 88
1930.~.~.~.~..~~~~-..~........... .............. 10, 431 .307 46. 8 250, 582. 12
1933, M~arch....~~...............~...................... 4, 648 .21.28. 1 52, 851 44
1933, September....~..... ~................... .......... 5, 962 .331 28. 1 72, 402. 74


Ais a result of operating under th~is Code, it is estimated by the
Industry that (1) 1280 additional emplloyees will be given employ-
ment, and2 that (2) the increase in minimum wages, the adjustmlent
of wages above the minima and the increcnsedd number of employees,
wil eul i ddn $2124 yearlyr to the buying power of the em-
ployes n tis Idusry.These figures are basedl upon operation at
the present rate of production, w~hichi is about 20%o of normal. It is
anticipated that as general ecioinoic conditions improve and produc-
tion is iic~reasedl there will be a material increase both in the pay roll
and thle number of emnploeess in thle Inidustry.
The DeputY Admli n istrator fnds thlat:
(a) The Code as r~ecommndnedie c~ompliesi in all re pectss with the
p~ertinelt pr~ovisionsi of Title I of the A-ct, inlcludinilg, without limnita-
tion, suibs~ectioni (a) of Srection 7 andl subsection (b) of Section 1_0
thereof ; andl
(b) Thie app~licant group imposes no inequitable restric~tions on
admissioni to mnembersjhip~ therein and is truly r~epr~esenttative of the
Cast Iron Pressuiire Pip~e Indlustry; andl that
(c) The Codle as recommended is not designed to promote mlonopo-
lies or to eliminate or oppr~ess small enterpr~ises and will not operate
to discrimiinate against them, and will tend to effectuate the policy of
Title I of the National Inldustrial Recoer~y Act.
I believe that the Code as pr~oposed- is fair to Industry9, to Labor,
and to the Public, and within the intent anid purpose of the N'ational
Industrial Recovery Act.
Accordingly, I recommends thle app~~rovl of this p~roposed Coder of
Fair Complletition for the Cas7t Iron)T PressureI' Pipe Indlustry.
KRspectfully,
ITUGIIr S. JOH-rNSON,












CODE OF FAIR COMPETITION


FOR THE
CAST IRON PRESSURE PIPE INDUSTRY

ARTICLE I-PURPOSES

To effectuate thle policies of Title I of the N'ational Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Cast Iron Pressure Pipe Industry and,
upon approval by the President, shall be the standards of fair com-
petition for such Indust~ry and shall be binding upon every member
thereof.
Arrxc: IIDEF)INITION OF TERMS

The ter~m "' the Industry means and includes the joint business
of both (a) producingn and (b) selling in the United States or its
possessions cast iron pressure pipe and 6ittings for the conveyance of
liquids and gases, except the production and/or maunufacture of such
articles when produced or manufactured by a manufacturer for use
in his own finished product.
The term "' Institute means Cnist Iron Pressure Pipe Institute, an
unincorporated association.
The term' Memiber of Industry means anid includes but without
limitation any individual, partnership, receiver, firm, association,
trustee, corporation, or other entity engaged in the Industry.
The termn Employee as used herein includes any and all persons
engaged in the Indurstryv, except a member of the Industryr, hlowever
compensated.
The terms President ", "'Act ", and "Administrator as used
herein shall mean, respectively, the President of the UCnited States,
Title I of the National Industrial Recovery Act, and the Admiinistra-
tor for Induistrial Recovery.
ART'I(LE III--REGULATIONrS OF HOURS OF S'ORK

SCTIOno 1. N~o empllloyee, except office employees, outside salesmen,
and employees in executive, managerial, or supervisory capacities
who are paid at the rate of more than one hundred and fifty dollars
($150.00) per month, shall be permitted to work in excess of thirty-
six (36) hours per week; provided, however, to meet peak or sea-
sonal demands forty-five i 45) hours ma"Y be worked in any one week
for sis (6) weeks in any six (6) months' period.
SE~C. 2. NO office employee, except outside salesmen and those em-
ployed in exrecutive, managerial, or supervisory capacities who are
paid at the rate of more than one hundred and fifty dollars ($;150.00)
(1582






583


per month, shall be permlittedl to work in excess of forty (40) hours
per week averaged over a eniendatlr mlonthl.
SEC. 3. No employee, exceplt office employees,, outsidec saleiiimen, anid
employees in executive, mnanagerial, or superv\isor'y capacities wh~o are
paid ait the rate of more thann one hundred and~ fif ty ollars ($150.00)
per month, shall be paid less than one and one half times hiis normal
rate for work on Sundayls, national legal hlolid~.nys, or for work beyond
thirty-six (36) hours per w-eek; providedl, that emiployetes on emer-
gency, maintenance, or repair w-ork shall be paidl their normal rate
for w-ork onl Sundays and national legal holidays unless such w1or~k
is bey-ond thirty!-six (36) hours per wteekr.
SEC. 2. Nro employee shall be permnitted to worke more than five (5)
dla\y in any seven (7) day' period except offce emplo3ees, outside
salesmnen, employees in executive, managrerial. or supervisory capaci-
ties whlo are paidl at the rate of more than one hundred and fifty
dollars ($150.00) per month, and emp~loyees on emergncy, miam-
tenance, or repair workr. These excepted employees shall not be
permitted to work on mnore than twenty-seven (27) days in any
thirty-one (31) day period.
SEC. 5. The above regulations of hourlls of w-ork do not apply to
w-atchmlenl or fir~emen. These employees shall not be permrittedl to
work in excess of fifty~-six (56) hours during six (6) days in any
seven (7) dayS period.
SCEC. 6. The Industry recognizes the dtehirability and accep~tsi the
principle of the eight (8) hour day for labor, and insofar as it rea-
sonably canl the Industry will enldeavor to employ its labor on
that basis.
A~RTIC'LE I\T-RIISINDIM 7CTYAGE ItATES

SECe'no 1. NTo employee except office and superannuated empnloy,3ees
shall be paid less than thlirty-five cents (35$) per hour in the North,
or less than th~irty cents (;306) per hour in thle South. The South is
defined as thle States of V'irginia, North Car~olina, South Carolina,
Georgia, Flol~ria, Alabaman RIississippi, Tennessee, Louisiana, anld
AQrkansas. The N~orthi comprises all other States.
SEC. 2. Office emnploy~ees shall nlot be paid less than fifteen docllne~s
($13.00) per week;; provided, however, th~at office boy~s and girls mary
be paid not less than eighlty percent (80$) of such minimum wpage
but th~e nulmber of sulch office boys and girl at any tonel place of~
emnploymenc t shall not exc~eed five percent (1 ftettlnme
of employees at suchi phece of employment.
SEc. ;3. Su~pea n n uted employees shall not be adlestanegt
percent (80%1) of the mninimumn wage; pr~ovideid, hoeve that hei
total number of such emlployvees sh~all not exc~eedl two percent (2%0)
of the total emp~loyees during thle same period, except inl idle plants.
SEC. 4. The differences in hourlyl rates for all operations shall be
equitab~ly readjusted and in no case shall rates for the same op~era-
tion be decreased. Where such adjustments have not been mrade
since 1l~ay 1, 1933, they shall be made on or before fifteen (15) days
subsequent to the effective date of this Code. The first reports of
wages required to be filed under this Code shlall contain all wag~re
increases made since M~ay 1, 1933.






584


ARTICLE V-CarENERAL LABOn PROVISIONS

PROHlIBITION OF CHILD LABOR

SEcTION 1. On and after the effective date employers in the In-
dustry shall not employ any minor under the age of sixteen years,
provided that no person under the age of eighteen years shall b
employed in any operation that might be termed hazardous,an
provided further that where a State law specifies a higher mirnmum
age no person below the age so specified shall be employed within
that State.
PROV'IHIONS FROMI THE ACT

SEc. 2. The members of the Industry will comply with the follow-
ing specific provisions of the National Industrial Recovery Act.
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the Interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking: employment shall be
required, as a condition of employment, to join any company union
or to re rain from joining, organizing, or assisting a labor orgamiza-
tion of his own choosing, and
(c) That employers shall comply w~ithi the mnaximium hours of
labor, minimum rates of pay! and other conditions of employment
approved or prescribed by the President.
SEOI. 3. 'Sltiln each State this Clode shall not supersede any laws
of such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health, fire,
or general working conditions under this Code.
SEC. 4. Each employer shall post in conspicuous places in each
foundry all of the labor provisions of this Code.
SEC. 5. This section establishes a mzinimuml rate of pay which shall
apply irrespective of whether an employee is actually compensated
on a timne r~ate, piecework, or other basis.
SEC. 6. NO employer shall reclassify employees or duties of occu-
pations p~erformledl, or' engage in any other subterfuge for the pur-
pose of dlefeating the purposes or provisions of th~e Act or of this
Code.

AnnOICLE VTI-OnoxxxAnIIos, PoWERS, AND) nDTIES8 OF ClODE
A GTrnourrr

SECTIOS 1. To effectuate further the policies of the Act, the Boa~rd
of Control of the Clast ~Iron Pressure Pipe Institute is hereby desig-
nated to adminiister this Code and to cooperate with thle Admninis-
trator as a Planning and Fair Practice Agency for the C~ast Iron
Pressure Pipe Inlustr~y. In1 addition there may be from one (1) to
three (3) representatives w~ho may be appointed by the Administra-
tor and who shall have no vote, and shall be given notice of, and may
sit at, all meetings of the Board of C~ontrol. The Board of Control






585


shall consist of the representatives of the memnber~s of thle Insitute
as provided for in the By-Laws of the Institute. The Bo0ardZ of
Control shall from time to time present to the Admninistrat~or
recommendations based on conditions in thleir Industr~y as thney
may develop from time to time w~hichl will tend to effectuate the
operation of the provisions of this Code and the policy of the! National
Industrial Recovery Act.
SEC. 2. In addition to information requir~ed to be submitted to
the Board of Control, there shall be furnished to government
agencies such statistical information as the Admiinistr~ato mnay deemn
necessary for the purposes recited in Section 3 (a) of the National
Industrial Recovery Act.
Src. 3. The Board of Control is also designated to cooperate with
the Admninistrator inl making investigations as t~o the functioniing and
observance of any provisions of this Code, at its own instance or on
complain,",t ; by a person affected, and to report the same to thze
Admnisratr. he Board of Control shall collaborate with the
members and from time to timne, hen necessary, shall advise them
concerning their production, subject at all times, however, to the
supervision and control of the Administrator.
SEC. 4. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of section 10 (b) of t~he Niational Industrial Recovery1 Act,
fromt time to time to cancel or modify any order, approval, license,
rule. or regulation, issued under Title I of said Act, and specifically
to the right of the Presidlent to cancel or modify his approval of this
Crode or any conditions imposed by him upon his apporal thereof.
SEc. 5. Such of the provisions of this C~ode as are not required to
be included herein by the National Industrial Recovery Act may,
with the approval of the President, be modified or eliminated as
changes in circumstances or experience may indicate. It is contem-n
plated that from time to time supplementaryg provisions to this Code
or additional codes will be submitted for the approval of the Presi-
dent to prevent unfair competition in price and other unfair and de-
structive competitive. practices and to effectuate the other purposes
and policies of Title I of the National Induistrial R~ecovery Act
consistent with the provisions thereof.
SEC. 6. (a) The Board of Control shall have power to require
each member of the Indlustry to furnish such information concern~-
mng the cost, production, shipments, sales, unfilled orders, and in-
ventories of finished products of iiuch memnber and the hours of
labor, rates of pay, and other conditions of employment in, thie
plant of such member and all other information deemed necessary
by the Board of Control in order to effectuate the purposes of the
Code and the policy of Title I of the National Industrial Recovery
Act, unless a member is excus~ed in any specific instance uplon ap-
pealing to the Admlinistrator. The Board of Control mnay require
all such information to be certified as it. shall prescribe. Failure
of any member of the Induistry to fuirnishi csuch information shall
constitute a violation of this Codle.
(b) All informlationn furnished to the Board of Control by any
member of the Indust~ry may be subject to verification by any one
of three Certified Public Accountants, or by accountants having the





5i86

equivalent in qualifications and ability of the Certified Public Ae-
countants, provided, however, as to any service to be performed
in any particular State or governmental subdivision of the United
States, such accountants in any event shall have the qualifications
required by law in such State or governmental subdivision of the
United States for the perfor~mance of such service, designated by
the Board of Control. The member under investigation shall. have
the righlt of choice plmong such thlree accountants, such choice to
be exer~cisedl withlin fivle (5j) days' of notification by the Board of
Control .
SEC. T. h'O Inequitable restriction sh~all be imposed upon member-
ship' inl the Institute, and there shall be no material change in the
Constitution or Bylaws of t~he Instituite or its successor without the
approval of the Admiinistrator.
SEC'. S. All expenses incurred by the B~oard of Control in admin-
istering this C'ode shall be borne by the members of the Industry
and shall be apportioned among th~em by the Board of Control upon
an equitable basis as approved by the Administrator. Thle amount
apportioned fr~om time to time against any member shall become dlue
and payable by suchl member w\ithin thirty (30) days after notifica-
tion by the Board of C~ontrol.
Sj~c. D). Upon the termination of this Code all unpaid expense in-
curred by the Board of Control shall be apportioned by thle Board
of Control among the members of the Industry and the amount ap-
portioned to each member shall become immediately duie and payable
by such member.
Sj~c. 10). Any action taken by t~he Board of Control or other group
within thle Industry relative to the administration of this Clode, ex-
cept where otherwfise specifically provided in this Code may, in the
discretion of the Board of Control or such other group, be sub-
miitted to the Administrator for approval and shall in any case he
subject to thle disapproval of the Administrator.
SE~c. 11. In Order that the Board of Control shall at all times be
truly representative of the Industryv and in other resp~ect.s comply'
with the provisions of the Act, the Adnirto may provide such
hearings as he may deem proper; and thereafter if hie shall find that
thle Bon rd of Control is not truly representative or does not in other
respects comply with the provisions of the Act, may require anl
appropriate modification in the method of selection of the Board of
Control, or any sub-Board of Control.
ArTI-cLE \TII--UNF.\ lR $1ETHIODS OF COMTPETITIION

To accomplish thle purpose contemplated by the Act, the following
practices are hereby declared to be unfair methods of competition.
(a) To quote, offer for sale, or sell within his own home market
area, as defined in paragraph (j) of this Article, anly product of the
Industry at a price below his reasonable F.O.B. foundry cost of such
product (as reasonable cost is hereinafter defined), except in special
instances specifically authorized by the Board of Control. Pro-
vided further that foundries making pit-cast pipe may sell pit-cast
pipe below cost in their home mnar~kt area to meet the competition of
light weight pipe made in accordance with Federal Specifications






587


W.W.P. 421 and W.Wt~.P. 423, except that such~ foundltries mnay not
sell pit-cast pipe at a price belowf a figure obtained by us~ing their cost
thereof per net ton, reduced to a cost per pound and m Iultiplying
such cost per pound by t~he weight in pounds per foot of light-w\eight
pipe. For the purpose of determining the reasonable cost of the
products of an Individual member of the Indusitry, thle following
method shall be used: Inicludle the cost of direct and indiriect labor
plus a reasonable amount per ton to cover some chairgel for such
items as administration, selling, deprleciation, obsole~scenlce, anid
power; plus the cost of miscellaneous manter~ials such a1 c~oke, sandl,
limestone, etc., F.O.B. foundry; plus the cost of mletal per'L ne~t to'n
in finished products. To dletermnine thne cost per net tonl of melctal
there shall be used the. replacement cost F.O.B. foundryr less one
dollar and fifty cents ($1.50), of Numlber 2 fouindry pig iron per
gross ton as quoted in The Iron Age at the time of sale or q uotation
of the finished product. The cost of items such~ as the folown
shall be excluded: Research, development, publicity, interest
charges, anid servicing of employees. The accounting practices us~ed
for determining costs as above byr individual members of the Indus-
try shall be approved by the Bloardl of Control andl subject, to the
supervision and disapproval of the Administrator. In formn~ation
furnishedl to the Board of Control shall be cecrtifiedl by- a c~ertifiedi
public accountant or by an necountannt having the equirn3le~nt. in.
qualifications and ability of a cert.ifiedl public accountant; provided,
howFever, that as to any~ service to be performed in anly particular
State or governimentall subdivision olf the United St~ates, such ac-
countant in any event shall have the qualifications required by lawr
in such State or governmental subdlivision of the Unitedl States for
the performance of such~ service. For determlining cost F.O.B. foun-
dry of finished products where a delivered price is involedl, the
netual cost of transportation on a net-ton basis shall be ded'uctedl.
(b) To give or necept secret rebates, refunds, allowances, or
unearned discounts directly or ;indirectly in connection -with any
work performed.
(c) Disseminating any~ false or misleading information relative
to any! product or price for anly product of any memlber of thie In-
dustry, or the credit, standing or abilityI of any member thereof to
perform any work, to manufacture or produce any product, or rela-
tive to t.h~e conditions of employment among thle employees of any
mlemlber thereof.
(d) Mlaking or giving to any purchaser of any product any
guaranty or protection in any formi against decline in the mark~let
price of such product.
(e) To sell or offer for sale any product except on standard terms
of payment, which are net cash within thirty (30) days from date
of invoice or one half of one percent from net, foundry price, for
payment w-ithin ten (10) days fromt date of invoice, cash~ with order,
or sight draft. against. bill of lading. The standard rate of interest
on past-due accounts shall be six percent (6fo) per annual andl no
mrember shall waive interest nor willingly mzake any concession with
respect. t~o interest. as a competitive fact.or. Exceptions to the above
terms are when specification or proposal form and contract of sale
based thereon specifically provide other terms.






588


(f) To state in any invoice of any product a date other than the
date of actual shipment.
(g) To agree to allow anything other than the replacement cost
of defective manterial, unless in a special case approved by the Board
of Control.
(h) Miaking anyl sale or contract of sale of any product under
any description whichl dloes not fully and correctly describe such
product in termsu cus~toma~rily used in the Industry.
(i) The makingg, or causing, or permitting aetobe mden or pulihed-
any false or dleceptive statement by way of detsmn rohr
wise, concerning thle substance, grade, quantity, size, quality, origin,
or preparantion of any product of the. Industry having the tendency
and enpacity to mlislead or deceive purchasers or prospective pur-
chaser~s.
(j) 'The quotinlg of F.O.B. foundry prices for distant markets
lower thanl those qluoted2 for home markets is destructive of sound
business anid is unfair competition. A producer shall not directly
or indirectly sell or offer for sale the product of a foundry outside the
" home miarktet of that. foundry (as thle term home market is
hereinu~fter depfined)' aIt a pr~ice F.O.B. foulnryr less than thelr average
" homne market price F;.O.B. the same foundry as sold or quoted
over a period of fifteen (15) dlays next. npreceing suchi sale or offer
for sale, except inl special instances specifically authorized by the
Boa rdl of Conit rol. F~or dlet~ermnining the price F.O.B. foundry where
a dleliveredl pr1ice is involved the actual cost of transpor~tationi on a
net tonl basis .shall1 be deducted.
The States of' MIaine. New Hamlp shlire,, Vermont, Miassachusetts,
Connecticent. Rhodes Island, N'ew York, Pennsylvania, New Jersey,
Delawarer. Malrylanrd, and the Distr~ict of Columbia shall constitute
the "hornlle market of all foundries located within said group of
States. Th'le homne market of foundries located in States other
thlnn thle foregoing States shall be, thle territory comprising the re-
mlainlderl of thle Uniited States.
Prov\idedl, thant whlen a mnembler op~erating one or more foundr~ies in
both of saidi neetns obtains an order in one of said areas through one
of its f~ounldries located in that area and at prices in conformity
with thep reqirement~nS of paragr~aph (a) of this Article, such member
may~ fill iiuch ordler from any1? other of its foundries regardless of
location.
(k) For a memnber of the Industry to makie a request, application,
or attempt, directly or indirectly, to change the railroad rates now
establishled by t~he Interstate Commerce Commlission between recog-
nized rnilroad territories such as Official, Southern, W~estern, and
their subdivisions, unless such member shall previously give written
notice to all other members of the Industry and to the Secretary
of the Institute.
AnRTICLE V'I.1

Nothing contained in thiis Codle shall constitute the members of the
Code Authority partners for any purpose. Nor shall any member
of the Code Authority be liable in any manner to anyone for any act
of any other member, officer, agent, or employee of the Code Author-






589


ity Nor shall any member of thle Codle Aulthority be liable to anyone
for any action or omission to act under1C the Codle, except for his own
willful misfeasa~nce or nonfeasance.

AnTIC'IE I X-MnONorourI I .si, ETC.

No provision of this Codle shall be interpreted or applied in such, a
manner as to promote mnonopohes, permit or encourage unfair com-
petition, elimiinate. oppress, or discr'inunat against small enterprises.
Auco XT(IES-EFF~.CTIVEE DATE

This Codle shall become eff'ectiver at 12:01 A.M. on. the first
Monday after it approv-al by the Pre~sident.
Approved Codle No~.. 192.
Registry~ No. 1128-06i.




















































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UNIVERSITY OF FLORIDA
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