Code of fair competition for the malleable iron industry

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Material Information

Title:
Code of fair competition for the malleable iron industry as approved on November 27, 1933 by President Roosevelt
Portion of title:
Malleable iron industry
Physical Description:
1 p., 393-406 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Iron industry and trade -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Approved Code no. 132.
General Note:
Registry no. 1106-02.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952829
oclc - 31961135
System ID:
AA00007078:00001

Full Text







NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE


MALLEABLE IRON INDUSTRY

AS APPROVED ON NOVEMBER 27, 1933
BY

PRESIDENT ROOSEVELT













UNIV. OF FL LIB.
.. UMMI DE rT.




U.S. DEPOSTfOrY~
1. Executive Order
2. Letter of Transmittal
3. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


Fbr sae by the Superintendent of Documents, Washi~lngtn D.C. Price 5 cetel


Approved Code No. 132


Registry No. I106--03
























This publication is for sale by thet Superintendent of.Documents, Covernment
Printing Offiee, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEEPAR.TM\ENT OF COMMERCE
Atlanta, Ga;.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Ch~amber of Commerce.
Dallas, Tex.: Chamber of Commeree Building.
Detroit, Mich.: 2213 First Nat~ional Bank Building.
Houston, Tex.: Chamber of Colmmelrce Building.
Indianapolis, Ind.: Chamber of Commnerce Building.
Jacksonvlle\il, Fla.: Chamber of Commllerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broad wasy.
Louisville, K~y.: 408 Federal Bfuilding.
Mecmphiis, Tenn.: 229 Federal Building.
M'iinne~apolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, \Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamberr of Commerce Buildinlg.
Portland, Oreg;.: 215 Newr Post Office Building.
St. L~ouis, M~o.: 506 Olive Street.
Sanl Fralnc~isco,, Calif.: 310 Customhouse.
Settle, W'ash.: 809 Federal Building.














Approved Code No. 132


CODE OF FAIR COMPETITION
FOR THE

MALLEABLE IRON INDUSTRY

As Approved on November 27, 1933
BY

PRESIDENT ROOSEVELT

I I

Executive Order

An application having been duly made, pursuant to and inr ful
compliance with t.he provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my adpproval of a Code
of Fair Compet~it~ion for t~he M~alleable Iron Industryr, and hearings
having been held thereon and the Administrator having rendered
his report containing an analysis of the said Code of Fanir Competition
together with his recommendations and findings writh respect. therett>,
and t.he Administrator having found that t~he said Code of Fair Com-
petition complies in all respects wit~h the pertinent 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 been met:
NOW, THEREFOREI, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in, me by t~it~le I of the
National Industrial Recovery Act, approved June 16, 1933, and other-
wise, do approve the report and recommendations and adopt the
findings of t~he Administrator, and do order that the said Code of
Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JoHNSON,
A dm i nistra tor.
THE VHITE HOUSE,
November 97, 1988.
23781'-- 244--100---33 (3gg)













NOVEMBER 14, 1933.
The PRESIDENT,
The W~hite House.
SmR: This is a report upon the Code of Fair Comlpetition proposed
by the Malleable Iron Industry, and on the hearinrr conducted thereon
in Washington, D.C., on October 2, 1933, in accor~dance with the pro-
visions of thne National- Indust~rial Recov~ery Act.
PRO4VISIOjNS OF THE CODE AS TO WAGES ANTD HOURS
The Code provides for a 40;-hour week, applicable to all employees,
including clerical and office employees, with certain exceptions care-
fully limited both as to houj~rs and numbers by the Code.
Child labor is prohibited and employment of persons less than 18
years of age in hazardous occupations.
Mlinimlum rates of pay are 35% sad 40Q per hour in the North anrd
304 and 323%1 per hour in the South.
Equitable adjustment of all pay schedules above the minimum is
provided, and the same minimum rates for piece work as for work
upon an hourly basis.
Pr~ocesses~ involved in production in this industry cannot always hje
co~mple~ted within eight hours and may required an additional half or
full hour in a wvorkinlg day-. For at large part of this time the workers
are not actively engaged because they must wait for furnace o~pera-
tionls to de~velop~. There~forle, while the industry recognizes the prin-
ciple of the eighlt-hour day and hans soi stated ih the Code proposedl, it
appears that an absolute req~ undue hardship.
ECONOMIC EFFECT -OF THE COD~E

'The MIalleab~le. Iron Industr~y includes all manufactures of mnalleable
iron castings, whether for conlsumnptio n by the pr~oducer, for :transfer,
or for sale. The indus~try is cyclical and unstab~le, its operations
having dropped from 87% of caact in;: ( early -1920 to 8%~J of capacity
in Auglst. 1932. The. present, rate of capacity is 35%.
The C~ode is presented byT the Maelleable Founder~s' Society, wc~hich
represenlts about, 95%r of the industry, with a, total invested capital of
about $105,000,000 and an estimated annual payroll in a normal
year of alpproximately $55,000,000.
Pertinent figures with respect to workers, hours, and wanges, as pre-
sented by the industry, are as follows:
(394-)











A v~ersee
Number of Minimum wag~eo Paid
persos em-wages paid per hour of all
ployedr by common ~om pames
rompnn les lahOT per covering! a11
assmin to hour pllant em-
to the Code ployees
(cents)
(cents)

Mar. 1926 (peak month).....~......................... .......... 33, 453 32 56. 4
July 1926..... ..................... .--.-.........~..-.......... 2r;. 10 32 56. L
Nov. 1926 (low month)........... .......... ......... ........... 2.2. FcG 32 57~.0
Manr. 1929 (pleak mourb).................... ............... ..... 42, 97 30 55. 1
July 1929.. . . .. .3 1 0 54. 9
DeCF. 192~J (lof ~m ont h)..........................................: 22. bnq 30 63.0
Jan 1933....................~.................. .1 ...... 110 18 38. 2
Manr. 1933. ................... .... ................... ............ 13. 300 18 38. 2
July 1933....~.~................... ................... ........... 22. "00 18 37.09
Aug. 1933................ .......... ................... .......... 22, 320 23 37. 5
Sept. 1933................~......~................... ............. 24, 105 23 40. 5

Av~erage Approximate Avrerage
work week aggregate rate of op-
per wage weekly pay roll rations in
worker of alicompanies the indus;-
assenting to try (percent
thours)l the Code of capacity)

Mlar. 1926 (peak month) ................... .... ............ 50 )93,37 35 68. 9
July 1920.. ............... ...........................---- 47 701.6826 52. 9
Nov. 1926 (low montb)........... ........ ................... .. 43 585, 054 45. 9
M~ar. 1920 (peak month) ................... ................... .. 5l 1,20:. 136 7. 7
July 192?9. .................. ... ....................------ 51 1,011. 154 ;3. 5
Dec. 1929 (low month)..... ................... ...............~.. 403 002'. 401 47. 3
Jan. 1933.....................- ... ... ... ... ... ... ... .9 158,311 14.9
Mlar. 1933.......................................---- 28----- 147,605 11.4
July. 1933........ ................... .................- -----..... 36 295,7;04 36. 3
Aug. 1933. ................ ................... ..............-.... 37 300. 90 36~.
Bept 1933...................... ................... ......--..... 40 30,01*34.0

*Estimated.

These figures show an increase in employment. since 10arch 1933,
of 10,305 workers, or approximately 80%~; an increase in t~he average
week of 12 hours, which is approximately 43%; and an increase in thle
aggregate weekly pay roll from $147,605 to $3790,501, or about 160%.
While this latter increase is largely due to thle increased riumber of
work~men and the increased w'ork week, it is estimated that under
operation under the Code as submitted, there w~ill be on additional
increase mn employment of approxsimately 3,4100 and a further increase
in the aggregate weekly pay roll of about $7i0,000. The rate of opera-
tion in thle industry hias not changed-~ miaterially since June 1933, and
therefore, it may reasonably be assumed that op~eration under the
Code, based on the above comnparison, will showr an increase in emi-
ployment in this industry as an effect. of thec Naitional Recoveryv Act
of approximately 5,300 persons, or 2~4%, and an increase in thle
weekly pay roll of $1641,797, or 55%0, and in the annual pay roll of
approximately $8,000,000. A return to operation at. 56%;1 of capacity,
it is estimated will put back to work all whio were employed in 1929.
The Board of Directors of the Society is constituted the Code
Authority, and it is provided tha~t three members, without vote, may
in addition be appointed by thre Administrator, to serve with the
Board .
The Deputy Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limlita-


395






3196

tionl, subsection (a) of Section 7 and subsection (b) of Section 10O
thereof ; and that
(b) The app~licant group imposes no inequitable re~strlictions on
a7dmliSSjrio to membership therein and is truly rep1csrettsenaie of the
M~ialleable Iron. Industry; and that
(c) The Code as recommended is not designed to promote mlonop-
lies or to eliminated or o~Ippress small enlterpriises and will not opcra te to
dliscr~imin ate against. them, and will tend: to e~ff~ctuatfe the policy of
Title I of the National Industrial Recov~ery Act.
I believe that the Code as proposed is fair to Intdustry, to Labor,
and to the Consumer, and in. accordlance with the intent and purpIose
of the National Industria~l Recov,\ery3 Act.
Accordingly, I hereby recommend the a~pprovali of this proposed
Code of Fair Competition for the Manlleab~le Iron Industryr.
Respectfully,
HIUGH S. JoHNSON,
Administrator.










FOR THE

MALLEABLE IRON INDUSTRY


ARTICLE I--FURPOSE
SECTION 1. The Code is adopted pursuant to Title I of the National
Industrial Recoveryv Act.
SEc. 2. The purpose of the Code is to effectuate the policy of
Title I of the National Industrial Recovery Act insofar as it is
applicable to the Industry.
ARTICLE II--DEFINITIONS
Wherever used in this Code or in any schedule appertaining hereto
the terms hereinafter in this Article defined shall, unless the context
shall otherwise clearly indicate, have the respective meanings herein-
after in this Article set forth.
SECTION 1. The term "the United States" means and includes all of
the territory of the United States of America on the North Amnerican
continent.
SEC. 2. The termi "the President" means the President of the
Unrutes States of America.
SEC. 3. The term the Admiinistrator means the Administrator
appointed by the President to administer Title I of the National
Industrial Recovery Act and at the time in office.
SEc. 4. The term the Industry means and includes the business
of producing, in the United States, malleable-iron castings regardless
of whether such castings are sold or used for the purposes of the pro-
ducer, or used for the purposes of an affiliate, subsidiary, or parent
company of the producer.
SEC. 5. The terml "member of the Industry means and includes,
but without limitation, any person, firm, association, corporation, or
other entity operating a plant or plants in the United States for the
production of malleable-iron castings.
SEC. 6. The termn "the Code" means and includes this Code and
all schedules annexed hereto as originally approved by the President
and amendments hereof made as hereinafter in Article IX provided.
SEC. 7. The term "S1_ocie ty "' means the hlalleable Founders'
Society.
SEC. 8. 1116 terDI "Board of Directors" means the Board of
Directors of the Societ~y.
SEc. 9. The term "member of thle Society? means any member of
the Industry who has assented to the Code by signing and delivering
to the Secretaryv a letter substantially in the form set forth in Schedule
A. Nothing in such Schedule A shall be construed to restrict the
right of any member of the Industry to express his adherence to or
participation in the Code in any other appropriate manner.
SEc. 10. The term "the effective date of the Code" mieanis thle
tenth day after the date on which the Code shall have been app~roved
by the President pursuant to the National Industrial Recovecry Act.
(397)


CODE OF FAIR COMPETITION






39-8


ARTICLE III-H-ouns or LABOR, RATES OF PAY, AND OTHER
CowerrzTONs or EMPLOYMENT
SECTION 1. Pujrsuanlt to subsection. (a) of Section 7 of the National
Industrial Reco-very Act and so long as the Code shall be in effect:
(a) Em~ployees shall have t~he right to organize anzd bargain collec-
tively through representatives of their ownl chloosing, and shall be free
froml the interference, restrainlt, or coercion of employers of labor, or
their agents, in the designation of such representatives or in self-organ-
izationl or in other concertedl activities for he purposess of collective
bargaining or other mutual aid or protection;
(b) N~o emplo~ee. and no one seeking ermploymrent shall be required
as a condition of employment to join any company union or to refrain~
fromt jommig, orgamizmg, or assisting a labor organization of lus own
choosing; and
(c) Employ~ers shall comply with thle maximum hours of labor,
minimum rates oif pay, and other conditions of employment approved
or _prsc~ribed -by the President..
SjEc. 2 (al) No member of the Ind9ustrly shall cause or permit any
employee, including clerical and office employeess to wcr~k m~ore than
forty (40) hours per week, subject to the following exceptions:
(1) In peak periods of production factory employees may be em-
ploye~d not to exceed forty-eight (48) hlour~s per week for a period of
not more than four (4) weeks in. any six (6) moriths and not more than
six (6) daysa in any one weeok.
(2) MPelters and firemen, the number of wrhomn employed by any
member of the Industry- shall not exceed 3%0 of the total number
of its employees, may be emnployedl not more than 10%r longer hours
than other factory employees.
(3) Repair-work emnployees, to the extent required by an emer-
gecyic, may be employed not more than 10%~ longer hours than
other factory employrees.
(4) WaP:tchmren may be employed nlot more than .fift~y-six (56) hours
per wieeii.
(5) All executives employed in directing or supervisoryS capacities
and inl technical work, and mnembhers of their respective staffs,
individually receiving p~ay3 at the rate of $35.00 or more per week.
(6) Outside Satlesmen.
(b) Whenever sufficient emrployeePs qualified for any type of work
are not avatilable to any member of the IndustP ry ma particular
locality such. hours of labor may~ wvith the a proyal of th2e Bjoaird of
Director and the Aldministrator, be increase -to the extent required
by such. member of the, Ind~ustryr to perform such. work.
(c) Acfter the date of the employment by any member of the
Industry of any employee, such member shall not knowbingly permit
such employee who shall nlso have per~formed work for one or more
other emnploy ersi, to wor~ck for such member such number of hours as
would result ini a violation of ~the Code had atll such work~ been per-
formed for such mlemb~er.
SEC. 3. No member of the Industry shall employ~ in the Industry
any Iperson under sixteen (16) ySears of age, and no one under eighteen
(18) years of age shall be employed in hazardous work.
SEC. 4. lit Is ICnrecogizedl that ~geographical wage differentials have
existed in the Industry. For the purpose~ of providing for geographical







399


wage differentials, the United States is divided into tw~o distrcts.
District No. 1 compT~rises all that part of thle United States except the
states of Tennessee, lklississippi, North Carolina, Southl Caurolina,
Georgin, Alabama, anld Florida. District. No. 2 comnprises all of the
above-namied states.
SEC. 5. (a) Thle mninuimum rate of pay per hour which shall be paid
by members of the Industry for male plant. labor (not including wastch-
men, learsners, mlinors between 16 and 18 years of age, superannuated
and maimied employees) in its employ in the Industry in District
No. 1 shall not be less than 40e per hour, and in District. N~o. 2 shall
not be less than 32%#G per hlour.
(b) The minimum ralte of pay per hour whlichl sha~ll be paid by mem-~
bers of the Industry for wratchmen, learners, minors between 16 and
18 years of age, superannuated and maimed employees shall not he
less than 80% of t~he minimum rate of pay as her~einbefore specified in
paragraph (a) of this Section.
(c) The minimum rate of pay per hour which shall be paid by mem-
bers of the Industry for female labor in District No. I shall not be
less than 354 per hour, and in District No. 2 not less than 300 per hour.
Where women perform in all respects the same kind and amount of
work as men, they shall recceive the same wages.
(d) The number of learners, superannuated, and maimed employees
employed by any member of thle Industry shall not exrceed 5% of
the total number of its emlployees. Learners shall not be employed
as such for a period in excess of 90 days irrespective of whether they
are employed by one or more employers.
(e) Equitable adjustment in all pay schedules of employees above
the mmxminums herein prescribed shall be made on or before the effec-
tive dat~e of the Code by employers wiho have not theretofore made such
adjustments and the first monthly reports of wages required to be
filed under the Code shall contain all wage increases made. since June
16, 1933.
(f) In the case of employees performing wFork for which they are
paid for piecework performed, the minimum rate of pay which each
member of the Industry shlall pay for such w~ork shall produce the
minimum rates of pay per hiour provided in paragraphs (a), (b), and
(c) of this Section.
(g) On and after the effective date of the Code, t~he minimum wage
which shall be paid by any employer to clerical and office employees
shall be at the rate of fifteen dollars (515.00) per week; provided,
however, that office boys or girls may be paid not less than eighty (80)
percent of such minimum wage. The number of office boys and girls
employed by any member of the Industry shall not exceed five (5)
percent of the total number of its employees.
SEc. 6. Within each state members of the Industry shall comply
with any laws of such state imposing more stringent requirements
regulating the age of employees, wages, hours of work or health, fire,
or general working conditions, than under the Code.
SEC. 7. The Industry recognizes t~he desirability of the eight (8)
hour working day for labor and insofar as it reasonably can will
endeavor to employ its labor on that basis.
SEc. 8. All employers shall post complete copies of this Code in
conspicuous places accessible to employees.







400


ARTICLE: IV.--ADMIINISTRATION OF THE: CODE
SECT`ION 1. The administration of the Code shall be under the
direction of the Board of D~irectors.
SEc. 2. Any member of the IndustryT subject to the jurisdiction of
this Code and receiving the benefits of the Code and/or the benefits of
the activities of the Board of Directors shall pay to the Boa~rd of
Directors his proportionate share of the expense incurred inz the
preparation and/lor administration of this Code. The Board of
Directors shall fromr time to time make such assessments upon account
of such expenses against members of the Industry as it shall deem
proper and shall apportion sulch assessments upon the basis of the
average annual shipments in net tons of each member of the Industry,
including~ all malleable ~castings produced by any member of the
Industry for its own use or that of any affiliated, parent or subsidiary
company, for the three preceding calendar years. Sucha assessments
shall be payable as such BEoard shall specify. In the event any
member of the Industry shall not have been in operation during all
of the three preceding calendar years such assessments shall be based
on such period as the member was in operation.
SEc. 3. The Board of Directors may, from time to time, appoint
such comm~nittees as it shall deem necessary or proper, in. order to
effectuate the purpose of the Code, and it may delegate to any such
committee generally, or in particular instances, such of the powers
and duties of the Board of D~irectors under the Code as such Board
shall deem necessary or proper in order to effectuate such purpose.
Any member of any such committee may be a member of the Board
of Directors or an officer, director, or representative of a member of
the Society.
SEc. 4. There shall be no inequitable restrctions imposed on memb-
bershipp in the Society or its successor, and the Society shall submit
to the Administrator true copies of its Articles of Association, By-
Laws, Regulations, and any amendments when made thereto, together
with such ot her information as to membership, organization, and
activities as the Administrator may deem necessary to e'ffect~uate the
purposes of the Act.
SEC. 5. The Administrator may appoint not to exceed three mem-
bers, without vote, to serve with, the Board of Directors in its aIdmin-
istration of this Code. Such members, if and when appointed, shall
serve for a term of from six months to one year and their a ppoin t.men ts
shall be so arranged that they do not expired at the same time.
ARTICLE V-SELLING BELOW COST

Subject to the approval of the Administrator, the ]Board of Direc-
tors shall prescribe a cost-accounting system, which conforms t~o the
principles of and is at least as detailed and complete as the uniform
and standard methzod of cost finding set forth in thle Mianual of
Accounting issued by the Society, with such modifications t herein
as ImayT be promulgated from time to time by the Board. Th~e Board
of Directors shall in accordance with such cost-accounting system
and with the approval of the Administ~rator determiine: periodically
fair and reasonable: costs of production il the Industry for different
types of malleable iron castinlgs.







401


Each member of the Industry shall install and user suc cost
accounting system as prescribed and, subject to the appronal of the(
Administrator, shall be furnished byc theci Board of Dlrector.< wit
the periodical tabulations of costs and cost dliffere~ntials arrived at i
accordance with such cost-accounting procedures. Any member of
the Industry who shall fail to install and use the cost-accounting
system so prescribed or who shall sell malleable iron castings below
the fair and reasonable costs of production as shown by the aforesaid
tabulations shall be guilty of a violation of the Code.

ARTICLE VI~-UNFAIR PRACTICES
For all purposes of the Code, the acts described in Schtedule 'B
annexed hereto shall constitute unfair practices. Suc~h. unfair prac-
tices shall be deemed to be unfair miethiods of competition in com
merce within the mleaning of the Federal Trade Commission act as
amended, and the using or employingo of any of them~ shall be deemed
to be a violation of the Code and any member of the Industryg who
shall directly or indirectly, through any officer, employee, agent, or
representative, use or employ any of such unfair practices, shall be
guilty of a, violation of the Code.
ARTICLE VII--REPORTS AND STATISTICS
SECTION 1. The Board of Directors shall haveo power to require
each member of the Industry to furnish to t~he SecretaryF of the So-
ciety such information concerning the production, shipment, sales,
and past sale prices of such member, and the hours of labor, rates of
pay, and other conditions of employment at the plant or plants of
such member, and such other information as the Board of Directors
shall deem necessary or proper in order to effectuate the purpose of
the policy of Title I of the National Industrial Recovery Act, and to
enable the Board of Directors to determine costs of production as set
forth in Article V. The Board of Directors may require that any
such information be furnished periodically at such times as it shall
specify: and mlay require that any or all information furnished be
sworn to or otherwise verified or authenticated, as it shall prescribe.
Failure of any member of the Industry promptly to furnish to the
Secretary of the Society information required by the Board of Direc-
tors and substantially mn the formi prescribed by it, shall constitute a
violation of the Code. The Board of Directors shall not have? power
to require any information regarding trade secrets or the names of
the customers of any member of the Industry.
SEc. 2. Any or all information furnished to the Secretary of t~he
Society by any member of the Industry shall be subject to checking
for t.hre purpose of verification by an examinationl of the pertinent
books and accounts and records of such member by any dilsinlterested
person or persons mlutually agreed upon by the B~oard of Directors
and t~he member of the Industry whose books and accounts and records
are to be examined or by a person or persons nominated by t~he Board
of Directors and approved by thle Administratorr. The cost of such
examination shall be treated as an expense of administeringr the code;
provided, however, that if upon such examination any suich infor-
mation shall be shown to have been incorrect in anly material respect,







402


such costs shall be: paid by the member of the industry which fur-
nished such information.
SEc. 3. TCo the? extent that such information is of a confidential
character and that the publication thereof is not essential inl order to
effectuate thze policy of Title I of the National I~ndustrial Recover~y
Act, such information shall be? treated as strictly confidential and no
publication thereof shall be made in any other manner than in com-
bination with similar information furnished by other members of
the Industry, in which case the publication shall be made only in such
manner as will avoid the disclosing separately of such confidential
information.
SEc. 4. In addition to the information required to be submitted to
the Board of Directors there shall be furnished to Government
agencies such- stat~istical informtution as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the National
Industrial Recovery Act.

ARTICLE `V 11-- r~ENERAL PROVISIONS
SECTION 1. Any notice, demand, or request required or permitted
to be given to or made upon any member of the Industry shall be
sufficiently given if mailed, postage prepaid, addressed to such member
at the address of such member on file with the Secretary of t~he
Society; provided, however, that any member of the Industryv may
waive, in writing, the making or giving of any such notice, demand,
or request.
SIEC. 2. Except as otherwise specifically provided herein the pro-
visions of the Code shall apply to and be binding upon every member
of the Industry, whether or not such member shall be a member of
the Society. No member of the Industry wh~ich~ shall nrot also be a
member of the Society shall be entitled to vote at any meet'mg~ of
members of the Society or to any other right, power, or privilege
provided in the Code for the members of the Society.
SEc. 3. Thze Board of Directors shall have the power to interpret
the provisions of the Code, provided that nothing herein shatll be con-
strued to limit thze rights of anly mlemnber of the Industry or other per-
son or entity to appeal to the Administrator to modify or rescindl any
inter pre t7tion of the Board of ]Directors.
SEc. 4. The Code and the provisions thereof aLre expressly mande
subj ec~t to the right of the President, in accordance with the provisions
of Subsect~ion (b) of Section 10 of the Nantional Industrial Recovery
Act, from time to time to cancel or modify any order, approval, li-
cense, rule, or regulation issued under Title I of said Act anzd specifi-
cally, but without limitation, to the right of the President to eanuel
or modify his approval of the Code or anry conditions imposed by him
upon h~is aIpproval thereof.
SEc. 5. Any action. tak~en by the Board of Directors or other group
w~ithinm the Industry relative to the administration of this Code except
where otherwise specifically provided in this Code may~2, i heds
ereton f te Bardof Drecorsor uchoth r goup, esbmt
to the Administrator for review~ and shall in any case be subject to the
disapproval of the Administrator.







403


A ARTICLE 11-- AMhiEN D1E NTS
Suchi of the prov-isions of thle Codec as are no~t requiredl to be included
therein by thie ~Ntional Industrial Recovery Act may1\ be nmenclded at'
any time in thle manneir in thtis Article p~rovided. The amecndments
shall be proposed by the Board of D~irect~ors by vote of thle! majorityg
of thle members therecof at the timeL inl office, whih amendments shall
be submitted to a dulyl called meetings of the members of the Society.
If at such1 meeting, bro thirds of the voting power of thec Society,
without regard to number present., shall vote in favor of the adoption
of such amecndment, such amendment sha~ll be submit ted by thle B~oard
of Directors to the Precsident for app rrova ifc appovl~n theeo y i
shall be then r~equired by lawv.Evysuhaedethllak
effect as part of th~e Code upon the adoption thereof by the memlbers
of the Society as bovo~e provided and the approval thereof by the
President if approval by himin shlall be reqluire~d as aforesaid. Anry
member of the Industry may recommend amendmients of the Code to
the Board. of Directors or to the Administrator.
Upon termination of the Code all obligations and liabilities under
the Code shall cease except those for unpaid assessments theretofore
made in accordance with the provisions of thfe Code.
Approved Code No. 182.
Registry No. 1106-02.




























SCHEDULE A--Foun or LETTER OF ASSENT TO CODEJ


__ .__ .... .,_ __ __ ...,__ 193......
ROBERT E. BourI, Secretary,
Malleable Founders' Society,
Union Trust Buil~ding, Cleveland, Ohio.
DEAR SIR: The undersigned, desiring to participate under the Code of Fair
Competition in the Malleable Iron Industry, hereby assents to all of the provi-
sions of said Code, and to such changes in the same as may be made by the Board
of Directors of the Society in order to meet the requirements of th~e National
Recovery Administration. Effective on the date on which the Code is approved
by the President of the United States as therein provided, or ais of the date on which
this letter is delivered, if delivery is made after such date of approval by the
President, the undersigned, by the signing and delivery of this letter, becomes a
participant under the Code and hereby agrees wvith every other ]person, firm, and
corporation wvho shall then be or thereafter become a participant under said Code,
that the Code shall constitute a valid and binding contract between the under-
signed and all such other participants.
For all purposes of the Code, the address of the undersigned, until w-rit~ten
notification of change shall be filed with the Malleable Founders' Society, shall
be as set forth at the foot of this letter.
Very truly yours,
(Namne of ofileial) (Title
(404)














SCHEDULE B


UNFAIR TRADE PRasCICES
For all purposes of the Code, the following described acts shall constitute
unfair practices:
1. Selling castings other than F.O.B. the plant of the member of the Indusry;
provided, however, that railroad freight, or trucking charges may be allowed to
destination, at the option of the seller, and provided further that no allowasnce
exceeding the prevailing carrying charges may be made where the buyecr elects
to call at the plant of the member for castings.
2. Allowing terms of payment more favorable to the purchaser than net thirty
(30) days from date of shipment or beyond the last day of the month following
shipment, or granting any cash discount greater than one half of one percent for
payment made w-ithin tenl (101 days from date of shipment.
3. Making piece prices based on stated weights without a revision of the price
on any variation between the stated weight and the actual weight.
4. Making, altering, or repairing pattern equipment (w~hen repairs are nlot
due to negligence of the member of the Industry)r except at the expense of the
customer; provided, however, that if patterns in existene at the effective date
of the Code are owned by members of the Industry and such members of the
Industry furnish castings from such patterns without an adequate pattern charge,
other members of the I~ndustry may have the right to also furnish such patterns
at their own cost, and provided further that if castings are made by a member
of the Industry for the general trade, as distinguished from a specific customer,
the patterns from which such castings are furnished mayr be made by such member
at his own expense.
5. Making or promising to any purchaser or prospective purchaser of malleable
iron castings which require special finishing, straightening, machining or other
operations not commonly included in the maniufacture oif a commercial casting
without making a charge for the cost of the dies, jigs, tools, or other special
equipment used in such operations; provided, however, that i' aid special equip-
ment in existence at the effective date of the Code is owned bjy members of the
Industry and such members of the Industry furnish castings rorn such special
equipment without an adequate charge, other members of the Industry may have
the right to also furnish such special equipment at their ow~n cost.
6. Extending to purchasers without charge special privileges, concessions, or
services not, extending to all buyers under like terms and conditions, or rendering
any free service of machining, painting, galvanizing, or tinning.
7. Making or promising to any purchaser or prospective purchaser of any
product., or to any, officer, employee, agent, or representative of any such pur-
chaser or prospective purchaser, any bribe, gratuity, gift, or other payment or
remuneration, directly or indirectly, for the purpose of influencing a sale.
8. Procuring any information concerning the business of such member wrhichl is
properly regarded by it as a trade secret or confidential within its organization,
other than information relating to a violation of any provision of the Code with
the intent of injuring a competitor.
9. Imitating or simulating aniy design, style, mark, or brand used by any other
member of the Industry w~ith the intent of injuring a competitor.
10. Paying or allowing to a purchaser in! connection w\ith the sale of any product
a secret or discriminatory rebate, commission, credit, discount, adjustment, or
other secret or discriminatory concession.
11. Canceling, in whole or in~ part, any contract for the sale of a product except
for a fair consideration, or effecting an adjustment of the claim of any purchaser
in such a manner as to result in a secret or discriminatory allowance or concession.
12. Disseminating, publishing, or circulating any false or misleading informa-
tion relative to any product or price for any product of any member of the Industry
or the credit standing or ability of any member thereof to perform any work or
manufacture or produce any product, or to the conditions of employment among
the employees of any member thereof.
r3. Inducing or attempting to induce by any means any party to a, contract
with a member of the Industry to violate such contract.
(405)




UNIVERSITY OF FLORIDA


406 3 1262 08855 8928

14. Making or giving to any purchaser of any product any guaranty or pro-
tection in any form, against decline in the market price of such product.
15. Stating in the invoice of any product as the date thereof a date later than
the date of shipment of such product, or including in any invoice any product
shipped on a date earlier than the date of such invoice.
16. Purchasing from customers goods and/or services at prices higher than the
market for such, goods and/or services, for the purpose of infuencing or inducing
the purchase of malleable castings.
17. Selling machined castings without charging for the cost of machining such
castings.
18. Voluntarily mnaking any payment or allowing any credit or back charges
for machine work, labor charges, or other expense incurred by the purchaser on
castings rejected as defective.
19. The giving of quantity discounts without- obligation on the part of the
buyer to take delivery of the quantities specified on the contract.
20. Any misrepresentation in connection with the sale or advertisement for
sale and/or marking of any malleable castings with the intent or effect of mis-
leading or deceiving purchasers or prospective purchasers :regarding their quality,
composition, or service features.