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I' I For sale by the Superintendent of Documents, Washington, D.C. - Price 5 center Approved Code No. 165 Registry No. IlllJ-05 N2AIONAL RECOVERY ADMIINISTRATION CODE OF FAIR COMPETITION FOR THE NON-FERROUS FOUNDRY U.S. ,. IIE DO OUR PART ,~Y 1tive Order 2. Letter of Transmittal 3. Code UNITED STATES GOVERNMENT PRINTING OFFICE WTASHINGTON :1933 INDUSTRY AS APPROVED ON DECElllBER 18, 1933 BY PRESIDENT ROOSEVELT This publication is for sale by the Superintendent of D~ocuments, Government Printing Offilee, WFTashingtojn, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta. Ga.: 504i Post Offce Building. Birminghlam, Ala.: 257 Federal Building. Boston, Mass.: 18301 Customhouse. Buffalo, N.Y.; Chiamber of Commerce Building. Chanrleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 17i06. 201 North W~ells Street. Clevelan, Ohio: Chamber of Commerce. Dallais, Tex.: Chamber of Commerce Building. De~troit, Miich.: 2213 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianalpolis, Ind.: Chambeer of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mon.: 1028 Baltimore Avenue. Los Aengeles, Calif.: 1163 South Broadway. Louisville, KyC.: 408 Federal Building. M~emphis, Tenn.: 229 Federal Building. Minneanpolis, Minn.: 213 Federal Building. New Or~leans, La.: Room 225-A, Custombouse. New York, N.Y.: 734 Customhouse. NPorfolk, V'a.: 406 East Plume Street. Philadelphia, Pa.: 933 Commercial Trust Building. Pittsburgrh, Pa.: Chamber of Commerce Building. Portland, Oreg.: P15 N'ew Post Offic~e Building. St. Louis, Mro.: 506i Olive Street. San Francisco, Calif.: 310 Customhouse. B eattle, Wash.: 809 Federal Building. Approved C~ode No. 165 CODE OF FAIR COMIPE'`TITON FOR THE NONTFIEIRROUIS FOUNDIRYT~ INDUJSTRYIe~IZ Ats AQpproved on December 18, 1933 BY PRESIDENT ROOSEVEZLT Executive Order An application having been duly madel, p~ursuant to and in full compliance with the provisions of title I: of thne National Industrial Recovery Act, approved'' June 16, 1933, for my approval of a Code of Fair Completitionl for the Non-Ferrous Foundry Indlustry, and hnear- ingas having been held thereon and the Atldministrator having ren- de~red his report, contaii nin an arna~lysis of the said code of fair com- petition, together w~ith. his r~conuI1C~I Cnendatons and findings with re- spect thereto, and the Administrator having found that the said code of fair competition complies in all res~ec~ts witth the pertinent pro- visions of title II 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', THEREFORE, I, Franklin D. Roosevelt, President of the United SCtates, p~ursu~nnt to the authority vested in me by title I of the Nat~ional Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve thre report, recommendations, and findings of the Admninistrantor, and do ordler that the said code of fair competition be and it is hereby approved. FEiRANKLIIN D. ROOSEVTELT. Alpprov'al recom mendled : HUGH S. JoHNson, Adm~nini~sftrator. THE RHITE HOUSE, Decemb)ler 18, 1~933. 2704-0'-200-100--33 (2Z11) DECEMIBE~R 8, 1933. The PRESIDENT, The Wl~hite Hiouse. Sma: This is a report on. the Code of Fair Competit~ion proposed for the Non-1Ferrlous F'oundryS Inldustry in th~e United States, and supplementbary codes submnitted~ by~ t~he M~iscellaneous Sand Castings divlisio~n, the Aluminum Permanent. MIold Castings division, th~e Steel and RollingRII M 'iCsting-s division, andl the Blast Furnace Castings division of the Indutrstry, andl on the h~earing~ condluctedl thereon in Wa~shingrton, D.C"., on October 27i, 193:3. in accordance wit~h the provi- sions orf thle National Inldustr~ial Recovery Act. RESUME~ OF CODE AS TO WSAGES AND HOU7RS TChe Bas1ic~ C'ode provides a 40-hlour week for all employees, except those per~forminiig executive or technical work, andt members of their staffs individually r~ceivi\ing pay! at th'e rate of at least $35.00 per week. Peak period emp'loyment~ is allow~ed not to exceedl 48 hours per weekr for no~t mcr~e than 4 weeks in any 6 months' period with a 6-day w~eekr. The pctculiar~ities of foundlry production make it. impossible on inlfr'~lequen ,c'cas~(ions to complete e foundiry processes within an exact 8-hour day, but thle prlinciple of t~he 8-h~our day is r~ec~ogizedd by a ctatemlent in th~e Codle. Mfelters~, eng~ineers, anrd firemncr m~ay be employed not more than 10'T. longer hourslt thann other faltory' employees, but t~he number shall not exceed~ 3'S~ of the total number of employees. Rep~air employ~ees may be employed~,c~ 10C; long~er than regular hours in case of emergency.cg Wi~atchmer n nryl! be emplloy\ed 56 hoursH per w~eeks. Chlildl Inbonr is prohibite1, annd no person under 18 years of age :may be empjllo~yed in anyi d-angerous or hnzardo~us occupations. M~inimilum rantes of pay alre 32C p~er hour in th~e southern district for mailes and L'7# per houlr for femanles; and 400 per hour in the nor~thern1 district for males andl 3@c for females, with nlot. less than 80%r for learners (for a pe~riodc of nlot. exceedling 90 days) appre~n- tice~ (for a p~eriod~ of not exceedling one year) and superannuated and maimned emiploye~es. Not mor~e thani 5Lr of the total number of em~rployees may be inicluided in t~he classifica7tions receiving less thani the mlinlimmull rates f a.Eqiuitable adjustmnilt is pr~ovided for all wag~es above the milnima. G~ENERALI STA.TEM\ENT? This Industr~y consists of establishlments engagedl in the manu- facture of alumllinumli, antlimlony, bismiuth, cadmiumn, cobalt, copper, lead mlagnesiuml, nickel, t~in, zine, and alloy castings, with certain definitely stately exceptionls. It consists of approximately 1,500 plants most of wc~hich are small units employing only a few workers. (212) The Association presents the following figures: Invested Capital. -- _- -- --- ----------------_ $40,000,000 Present Sa les Y'ol ume -- ---- ------- --- --------- ----- $ 8, 300, 000 Production CapaRcity______-------lS __1bs. pr onth-_ 60, 000, 000 Production Rate at Presei~nt-- _- _do. __ 21, 700, 000 Present N number of EmUP loy3ees_ .. _______ _ 14, 000 Statistical information is exceedinlgly mneagre, and has been gathered only by the Indiustry, which has compiled some basic figures beginning in 1998S. These statistics indicate that in 1928 and 192~9 appr~oximatelyy 97ro of the concerns in the Indlustry were operating on a schedule of hours greater than 40 hours per wTeek, and that during the first portion of 1933 approximately 67%0 of thne concerns were operating under such a schedule. Setting a maximum of 40 hours per week, therefore, w~ill materially increase the number of employees. Pertinent figures relative to labor and wages since 1928 are as follows : Esti- mated m-aa Estimated Year number weekly pay of em- "eky rol ployees wg 11978 1------------- 17, 000 $12. 25 $b450, 000. 00 192 ... .. ... -- --- --- -- --- --- -- --- --- -- --- -- 18, 500 12 25 515, 000.00 ]st quarter 1933. ~........ .. ........... 12, 000 0. 00 265, 000. 00 J uly to Septem ber 1933.-.---- ..... .................... 14, 000 11. 75 3341, 0)0000 Estimated under code.. ---- ... .... .... ........ ........ 15, 800 91.0 398, 000 00 1 North. South. The present volume of business in pounds production is estimated at 50%1 to 60%c of 1929, whereas the value of said business in dollars is only 35%r to 40%o of the 1929 levels. With an improvement in general business conditions andl an increase in the business of this Indlust~ry to a, normal of approximately 75%0 of 1928 to 1929 ton- nages, the Indlustr-y working under the Code will employ approxi- mately 22,000 persons and will have~ an average weekly pay roll of approximately $5i50,000,.00, or an increase in the pay roll of about $7,500,000).00 per year. It is evident, therefore, that the anticipated business expansion will result in, greater employment within this Industry than the 1989 peak. Provision is madle that three representatives of the Adlmin ist ration, w~ithout vote, shall serve with the Code Authority. Thle supplementaryr codes submitted define certain subd\ivisions of the Industry, and outline fair trade practices: for each of these sub- divisions. Provision is made for the submission of additional sup- plements by any other subdiv~isions of the Industry which may wish to file them. I believe that the Code and supplements are fair to Industry, to Labor and to th~e Consumer, and in accor~dane wi~thf the intent and purpose of the National Industrial Rtecovelry ~Act. 213 214 FINTDINGS TIhe Deputy Administra~tor finds that: (a) The Code and supplements as recommended comply in all respects with the pertinent provisions of Title I of the Act, includ- ing, without limiitation, subsection (a) of Section 7 and subsection (b) of Section 10 thereof ; and that (b) The applicanlt group imposes no inequitable restrictions on admission to mlembership, therein and is truly representative of the Non-Ferlrous Foundrtiy Industry; and that (c) The. Code and suipplemnents as recommended are not designed to promote monopolies or to elimlinate or oppress small enterprises and will not o~era~te to discriminate against them, and will tend to effectuate thle policy of Title I: of the hNational Indlustrial Recovery Act. Ac~or~dingrly, I helreby recommend t~he appr~oval of this proposed Code of F'air Competition for the Non-Ferrouls Found~ry Industry, and' of the Supplemiental Codes for the 1\liscellaneous Sand Castings div-ision, th~e Aluminuml Permanllent. 1Iold Castings division, the Steel and 1Rollinrg Mill Castings division, anld t.hle Blast Furnace Castings division of thle Indcustry. Respect fully, Heanr S. JOHNSiON, A dmniniist~a~to~r. FOR, THCE NON-FERZROUS FOUNDRY INDUSTRY To effectuate the policies of Title I of the National Industrial Re- covery Act, the following provisions are establishedl as a Code of Fair Competition for th~e Non-Ferrous F'oundry Industry and shall be binding upon every member thereof. ARTICLE I-D~EFINITON OF TERMS The terms used in this Code are defined as follows: (a) Th~e term the Industry means and includes the business of producing nonferrous castings as hereinafter defined, and such equipment therefore as is regularlyl manufactured in plants of mem- bers of the industry, and selling such castings in the United States except as produced and/or sold as a part of the products, including finished and semnifinished parts thereof, of an owmnlg or an affliated company, but not sold in the open market as castings in competition writhl similar castings produced by other members of the Industlry p~rovided, howcpever, that such term does not include the production of R~ailroadl car and locomotive journal bearings and castings, nor semni- finishled or finished Street Riailway castings, and provided further that such term does not include the production. of die castings and the produc~tion of aluminum alloy piston castings. The term "l affiliated company means a company whose re~lationls to another company are such that either one has directly or indirect- ly, a 51ro or more vot~ing stock interest in the other, or that a third companny has, directly or indirectly, a 51%0 or more voting stock interest in both. The indus~itry emblraces two main groups of castings which are " M~isicellaneous N'on-Ferrous Castings anrd Spccint~y- Non-Fer- rouls Castings." (b) The term "1M~ember of the Ind~ustry includes anyone en- gaged in t~he industry as above defined, either as an emnployer or on hlis owin behalf; Provided, however, that organizations or groups of members of the industry representing a substantial part of any branch or division of the industry may be exemipted by the Admiinis- trator fr~om the provisions of this Code as provided for her~ein. (c) The term '"Non-F~errous Castingrs en atng aei h Industry from aluminum, antimony, bismuth, cadmium, co~balt, cop- per, lead, magnesium, nickel (except nickel chrom3nium17 alloys con- taining more than 5% of chromiumlz), tin, zinc, and their alloys con- taUiningI 1 Lllles than fIfty percent (509r) of iron, produced by any process. (215) CODE OF FAIRR COMPETITEIONJ 216 (d) The term ": Jliscellaneous Non-Ferrous Castings means that group of non-ferrous cas~tingrs prodlucedl in the rougrh or partially manchined or finished by a memiber of the industry to tihe order of the buyers from the buyer's designs anld specifications. (e) The term "' Splecialty Non-Ferrous Castings mneans that group of cast non-fer- rouls products in the r'oughi or partially mach~ined or finished, de- signed~( and en~giniieere by' miemibers of thle industry producing thIem, produncedl from patternsr and/or other p~rodunction e!luipmenit belong- ing to the prodlucer. (f) The termi the As-sociatirn mneans No'n-Ferrous Foundry Aissociatiojn for Industrial Rtecoveryv. (g) The term the B3oned of Dir~ectors means the Boardc of Dir~ector~s of thJe "Alssocia~tion." (h) Thle term 1" employees as used herein includes anyone engaged in the industry in any capneity receiving c~omplensation for his serv\ices, ir~resp~ective of the natu;re or mnethod~ of payment of such comp~ensation.. (i) The terms C"Act "', and1 "Adm-riin ist rtor ", as used herein, shall mea~rn r~espcctivel~y Title I of th~e Na1tionral Industllr~ial Recovery~ Act, and thle Adcminilstra;t or for Ind~ustrial RecoveryS. (j) The ~term1 "Pr~eidenrlt meniils the Pre~sid-ent of the United States. (k) Popula~tionm for thc pjurpo"sesi of this Cod~e shlll be dleter~mined by recfeltrence to the 1000r Federal C'enous. AnnT.Ew II--CExcuit REiGULATIONS AhnIybners~ off the `Indusrltry? will com~lply with; the folilowimr sp~ecific S(a) That empl-loyees shalnl hav-e the right to organized andi bargain collectively through rep~resentatives olf their owsn choosing, and- shall be free from the inrter~ference, r~estranint, or coe~rion of emploer~s of labor or th~eir agents, in the dfesigrnation of su~ch reprlesentatives or in self-organlization or in others concerltel ac~tivities for the purpIose of collective bargainiing ~or other mnutuall aidl or plrote~ction. (b) Tha1t no employee and no one seeking emlployment shall be requir~ed as a condition of emnploymentcn to join any company~ union or to reframn from jolming, orgac~nizing,, ori assisting a Inbor or~ganiza- tion of his ownI c'hoosing;r andl (c) That employers shalll comlyD~ w~ith the maximum hours of labor, iminiu m rates of pay, andl othler c~ondcitiolns of employment, approved or prescribed by thte President. (d) Mfembers of the Industry shall not, reclassify employees or duties of occupations performed by employees so as to defeat the purposes of the Act. (e) Each member of thze Induastr~y shall post in conspicuous places easily accessible to emnployees, copies of Art~icles II, III: IV, and ~ of this Code. ARTICLE TII[-REGULATIONS OF HOURS OF TVORK (a) No member of the Indlustry shall cause or permit any em- ployee to work: in exc~ess of for~ty (40) hours per week, subject to the follow~ingr exceptions: 217i (1) In peak periods of production employees many be employed not to exceed forty-eight (48S) hours per wTeek for a period of not more than four (4l) w~eeks in any six (16) months andr not mlore than six (6) day~s in any~ one week. (2) Illelters, engineers, and firemen, the lunumber (in no case less than one) of whloml employed by' any rcmember of' the Industry shanll not exceed 3fr of thle total number of its employees, mnay be em- ployedl not mor~e than 10"o longer hours thann other factory employees. (3) Repair-wvork employees to the extent required by an emner- gency, may be employed not more than 10%o longer hours than other factory employees. (4) WVatchmen mnay be employeed not more thlan fifty-six: (56) hours p~er w~eek;. (5) All executives employed primarily in directing or supervisory capacities or in technical w~ork, and members of their respective staffs, individually receiving pay at the rate of $35.00 or mnore per week. (6) Outside salesmen and outside. service mien. (7) In emergencies where the safety of the m~en or the protec- tion or preservation of the property necessitates longer hours. (8) Wh~Lenever suftleient employees qualified for any type of work are not available to any member of the Industry in a particular locality such hours of labor may be increased to the extent re- quired' by such member of the Industry to performu such work, but compensation for such increased hours shall be at the rate of one and one half times the regular hourly rates. (b) The Industry recognizes the desirability of and accepts the principle of the eight (8) hour working day for labor and inlsofar as it reasonably can, the Industry will endeavor to employ its labor orn that basis. (c) After the dlate of the emlploymenzt by any mlemlber of the Industry of any employee such member shall not permit such em- ployee whlo shall also have performed work for one or more other employers to work for sulch member such number of hours as would result in a violation of the Code had all such wcork been performed for such member. AlRTICLE ITY-RiNIZIUMr mAGE RATES Inasmuch as living conditions differ between sections of the Coun- try and for the purpose of providing for w~aage differentials the United States is dlivided into two, districts hereinafter designated "' North ") andi South ". The "L North comprises all that part of the United Statezs except the Stat~es of North Carolina, South Caro- lina, Georgaia, Florida, Alabamna, Tennessee, Arkansas, MIississippi, Louisiana, Oklaloman, and2 Texas. The '" South comprises all of the above-named States. (a) The minimum rate of pay per hour whch shall be panid by members of the Industrry for male plant Ilabor not including learners (f or a period of not exeedling 90 day)s) bo~na fide apprentices (iden- tified under a year's systel lr c~ourse of training), superann'uated and maimledl employees in its emllFoy' in the Inldust ry in the "' North " 27644"--MIS-16j----33 -2 218 shall not be less than 420e per hour, and in the "L South ") shall not be less than 32& per hour. (b) The minimum rate of pay per hour which shall be paid by members of the: Industryr for female labor in the "' North shall not be less than 350 per hour, and in the South not less than 276 per hour. Where womlen perform substantially the same kind and amount of work as men, flthey shall receive the same wages. (c) The minimum rate of pay per hour which shall be paid by members of the Industry for learners, bona fide apprentices, super- annuated and maimed employees shall. not be less than 80% of the minimum rate of pay as hereinbefore specified in paragraphs (a) and (b) of this Article. (dl) The number of learners, bona fide apprentices, superannuated and maimed employees employed by any member of the Industry shall not exceed 5%"r of the total number of its employees. Each emnployer shall file with t.he Codle Authorityr within sixty~ days after the detective date and always~ keep up to date a record of all bona fide apprentices in his employ. (e) In the case of employees performing work for which they are paid for piece~or~k performed, thle minimnum rates of pay which each m~ember of t~he Industry shall pay for such work shall produce over any pay period an amount equal to the amount receivable over tdhat pay periodl at, the mninimnum raites of pay per hour provided in paragraphs (a), (b), and~ (c), of this Article. (f) On andl after the effectivee date the minimum wage that shall be paidl by any memiberi of the Industry to all ofice and clerical employees, except commni~ision sales people, shall be not less than $15.00 per week in any city of over 500,00)0 population, or in the immnedlite trade area of such city; nor less than $14.50 per week in any city of between 3i)i0,00 andr 500,00)0 population, or in the inune- diate trade area of such city; nor less than $14.00 per week in any city of betw~een '2,500 and 250,000 population, or in the immediate trade area of such~ city; and in towfns of less than 2,500 population, not, less than $12.00 per week. Offce boys and girls shall be exempt fromt the provisions of this section, provided they: are paid at a rate of not less than 80% of the above minimum wage, and provided further, that the number of such office boy~s and grssalntece one to every ten persons employed in any office opf'l sany mebrof tese indlustryv (in no case less than one). (g) W~here a State law provides a higher minimum wage than is provided in this Code, no person emnployled within that. State shall be p~aid a wnge below that required by such St~ate law. (h) No member of the Industry shall reduce the rates of com- pensaion fr em lent. now in excess of the minimum wages pheeb nagre to an shall make an equitable adjustment of the wages of employeesi now receiving more than the minmmum wage as provided in this Code. Such equitable adjustment shall mean that dlifferePntials existing prior to t~he formulation of this Code shall be maintained for all workers. The first reports of wages required to be filed under this Code shall contain all wage increases made since Ma y 1, 1933. 219 ARTICLE VT--ROHIIBITION OF CHILD LADOH No member of the Industry shall employ any3 person under the age of sixteen (16) years; provided, however, that when a State Law specifies a higher minimum age, no person below the age so specified byv such law shall be employed within that State. No member of this Industry shall employ any person below the age of eighteen (18) years in any dangerous or hazardous occupation. ARrICLE rI GENERAL PROVISIONSS (a) This Code is intended to be a Basic Code and to cover the entire Industry. It is understood that Divisions consisting of Trade Associations, groups of Alanufacturers representing a substantial palrt of any specific branch of the Industr~y, and/or Tlrade Groups, may formullate supplemlentary Codes of F'air Competitionr, definlinlg specifically t.heir Division and covering such additional regulations as are considered advisable by them. These regulations, however, shall conform to the principles of the Basic Code. Such Codes when approved by the Pre~sident of the United States shall have the samre force andl effect as this Basic Code. (b) Articles V'I, VII, and VIII of this Code shall not be applicable with respect t~o the ~r~oductsr of thre Industry sold for use outside of the continental Unit~ed States, which shall be deemed to exclude Alaska. and the Canal Zone. .(c) No provision in this Code shall be interpreted or applied in such manner as to- 1. Promote monopolies 2. Eliminate or oppress small enterprises; or 3. Discriminatce against small enterprises. (d) This Codle and all the provisions thereof are exp~ressly mads ubjec~t. to the right of the President of the United States in actcordn- ance with the provisions of Section 10 (b) of the National lndu~Istrial Recovery Act, from time to time: to exncel or modifyr any order, approval, license, rule, or regulation, issued under Title I of said Act, and specifically t~o the right of the Presidecnt of the United States to cancel or modlify his approval of this Code or any condition imposed by him upon his approval thereof. (e) Such of thle provisions of this Code as are not required to be included therein by the Nat~ional Industrial Recovery Act maywt t.he approval of the Pr~esident of the Unite~d States be mnod, ified or eliminated as changes in thle circumstances or experi~ene may mdticate. A ARTICLE V11I--A~DMnrINEISTRATION (a) The administration of the Code shall be und-er the direction of a Code Aulthority consisting of one repr~esentative. elected by each of tihe several Divisions of the Indusitryy submitting supplemnental Codes approved by the Presidlent of the United States, and many hiave in addition thereto one representative wh~o mayi be elected to repriesenit the members of the Industry not members of~ the Astsociation nor of a Division submlitting a supplemental Code. T~he President and V'ice President of the Association shall be members ex officio. Each of 220 the above members shall hae: one vote. The Executive Secretary of the Association, not. a member of the Industr~y, shall be the Executive Secretary of the Code Authorit.y, but shall have no vote on the Code Authorityv. (b) The Adlministrat~or may appoint from one to three representa- tires to attend all meetings of the Code Authority in order that the Administrator -may be fully advised regarding the operation and administration of the Ciode. Such representatives shall be without vote and shall serve without expense to the Industry. Due notice shall be given to such representatives of all meetings of the Code .Aut~hority. (c) Any member of the Industry subject to the jurisdiction of this Code and receiving the benefits of the Code and..'or the benefits of the activities of the Code Authority shall pay to the Code Authority his equitable pr~oportionate share of the expense of formulating and putting into effect. and administering this Code, and any other costs which may~ be incurred in the preparation and. or administration of the Code by said Code Authority. The part of ulchh expenses which shall bet assessed against such members of the Industry shall be assessed by the Code Authority, which Authorit~y in m~akingq such assessment shall take into account the number of employees, the vol- umie and class of business and an equitable consideration of any and all matters which should be taken into account in determining the proper assessment. Failure of th~e member of the Industry to pay any such assessment for a period of thirty days after the date on which it shall become payable shall enititle the C'ode Authority to deprive such member of his participation in the adlministration of the Code as therein or herein prov-ided, andd such member shall continue to be liable for his proportionate hare of all due and unpaid assessments. (d) The Code Aulthority shall hold itself in readiness to assist and keep the Administrator fully advised, and to meet with the Adm~in- istrator's representative or r~epresent.at~ives from time to, tim~e as reiquested, to consider and study any suggestions or proposals pre- sented upon behalf of the Administrator or any member of the Industry regarding th~e operation, observance, or administration of this Code. Suich Code AuthorityF mayl fr~om time to time present to the AdmIiin ist rat or recom mendations based on conditions i n the T In- dustry as they may develop and- request modifications or additional provisions to this C~ode. (e) Any action taken by the Code Authority for the purpose of making effective t~he provisions of this Code mayv be submitted to the Administraotor for approval, and shall in any case be subject to the cdisap~prova'l of the Admninistrator. (f) The admninistratio~n of provisions of supplemientary Codes may, with the apprloval of thle Administrator, be through adminis- trative agencies of the Divisions, coming under such supplementary Cod es. (g) Each member of the Industryi shall furnish to the Code .Au- thority duly certified reports at such time and in suchi forms as may be required by it, in order to administer this Code. (h) A. Division having a Supplementary Code of Fair Comipeti- tion applyingr to it, and approved by the President of the United 291 States, may~ collect such statistics as referred to in the p~receding paragraph and send them in c-ompiled form to thle Code Aiuthority. (i) All statistical data filed shall be confidential and the data of one member of the IndustryT shall not be revrealed ta any' other memn- ber of t~he Industry except in. comile om (j) he xecuiveSecrtar ofthe Code Aurthority, or his duly authorized representat.ives, not members of the Indus~tlry shall have necess to any and all statistical dlata that may be furnished but only for the purpose of adminiistering or enforcing h rvsin fti Code. (k) In addition to information required to be submitted to the Code Authority, there shall be furnished to grovernm~ent agencies such statistical information as the Administrator may deem~ necescfary for the purposes recited inl Sec~tion 3 (a) of the Npcational Indu~strial Recovery Act. (1) The provisions of this C~ode anrd the jurisdiction of the Codie Authority and of thie Administrator under this Code over any mem- ber of the Induistry are applicable only to that portion of the business and employment of the member of the Industryr which is within the Industry. ARTICLE VIII-SU7PPLEnfENTS AND AhfENDMLENTS TO SUPFPLEM\ENTS ro CODEi (a) Supplements and nmendmnents to supplements to this Code dealing with fair and unfair methods of competition affecting the several Divisions of this Industry may bre submlitted by the Code Aut horityv for said Div-isiojns and w~henr approved byc~ prvddthe President of the United States shall become a part of thiisCo;poied however, that no0 changes which a~ffect a particular D~ivision shall be submitted without the approval of the adminiistr~ative agency of such Division where such an agency exists. ARTICLE IX--EFFECTIVE: AT This Code shall become effective on. t~he first 1\fondlay after its approval of the President of thre UnitedZ States. ARTIOL X-T~ERMZTNUAITION All provisions of this Code and any modifications thereof shlall cease to be in effect after June 16, 1935j, or sooner if the President shall by proclamation, or the Congress shall by joint resolution, de- clare that. t~he emergency recognized by Section I of the Act has ended. SUPPLEMENT TO ClODE OF NON-FE-RROUS FOUNDRY INDUSTRY SUBMPUED BY THE RIlSCELLANEOOs SAND CASTINas DIVISION OF TH~E NON- FERROUS FOLTNDRY INDUSTRY To effectuate the policies of Title I of the Nat~ional Industrial Recovery Act, the folowing provisions ar~e established as a supple- mental C'ode of Fair Clompetition for the M~iscellaneous Non-Ferrous Sand Castings Division of the Non-Ferrous Foundry Industry. 1. Definitions of Terms. (a) The term 'i Miscellaneous N~on-Ferrous Sand Castings Indus- try means and includes that division of the N~on-Ferrous Foundry Industry, as definedl, engaged in the buiicness of prrlroducin miscel- laneous nonferrous castings cast in sand to the order of the buyer from the. buyer's designs and specifications, except railroad car and locomotive journal bearings and endtings, and semnifinished or finished Street Railwray Cas~tingas. (b) The termn '' Memibcr of the Mliscellaneous N~on-Ferrous Sand Castingrs Divisioni means and includes, but without limitation, every indtividlual, firm~, panrtnership?, association, corporation, or other entity engaged in business in the M~iscellaneous Non-Flerrous Sannd Castings Indlustry as above defined. 2. Adoption of Cod~e Submitted by Non-Ferrous Foundry Asso- ciation for Indlustrial Recovery. The members of thle M~iscellaneous Non-Ferrous Sand Castings Di- vision of the Non-Ferrous Foundry~ Industry hereby adopt and sub- mit as a part, of this su pplementalY Code, the Code submitted for the Non-Ferrous Foundry IndustryS by the Non-Ferr~ous Foundry Asso- ciation for Industrial Recovery. 3. Unfair Mlethods of Competition. For all purposes of t~he C'ode the nets d-escribed in this section shall constitute unfair practices. Alny member of this Division of the Industry w~ho shall, directly or indirectly, through any officer, em- ployee, agent., or representative use, employ, or permit to be employed any of such unfair practices shall be gurlilty of a, violation of thle Code. (a) To violate any of the provisions of this Code or amfendmrents thereto. (b) To give, or permit to be given, to agents, to employees, or representatives of customers, or agents, employees, or representatives of competitors or of IDrospectiv-e customers, money, or anything of value, to induce them to influence their employers, or principals, to purchase. or contract to purchase products of this Industry, or to influence such emnployers, or principals, to refrain from contracting with competitors. This provision shall not be construedl to prohibit free and general distribution of particles commonly used for adver- tising except so far as such particles are actually used for commercial bribery as hereinabove defined. (c) To undertake to do w-ork or furnish castings on terms other than those set forth in thle contract between the parties. 223 (d) To withhold from, or insert in any invocice, words or figures which makze or tend to mnhie such invocice a false r~ecord., wholly or in part, of the tr~ansaction represented on the face thereof; the payment or allowance of secret rebates, refunds, credits, unearned discounts, whether in, the fo~rm of money or otherwise* er the exten- discounlts, whether in thle 'form of money or otherwise; or the sion to certain plurchaser~s of prices, serv-ices, or privileges not ex- tendled to all purchasers under like conditions. (e) To p>ur~chase from customers good~, scrap, borings, and/or services ait prices higher than the market for the purpose, of influenc- ing or indlucingr the peurchiase of no~nferv~ous castmgEs. (f) To, absorb all or any part of thne machliningr cost. of castings sold as mach~inedl castings. (gr) To enter into q-uantity contracts with buyers without obligal- tion on their part to take dleliery of the quanntities specified in the contract or on the, quotation, fo h purpose of giv ug special unwfarra nted prices. (h) To necept requirementsnt contracts without a specific m~inimnum which shall not. be less thann 75C0 of the maximum and without speci- fypingr a time limit, except where such contracts permit of a price adnjulS'litmen a~ 4least once ~onrthly to conform with metal-mnarkze~t advances and 'or declines. (i) To defamne or disparage a co~mpetitor directly or indirectly, by words or acts, which unt~ruthfully implugn his businesss integrity, his ability to keep his contracts, his cred-it standing, or the quality olf his prolduc~ts; or~ ma rkn b~lr rand~ntingbelingu products, and mankinga statements I~-regaring products, the p~ur~pose or effect. of which may be miisleading or tendl to d~eceive purchasers as to the quantity, quial- ity, grade, or substance of the goods purchased. (j) To cancetl inl whole or in part or voluntarily permit thie can- cellation in whole or in part of any contract of sale of any product, except for a fair consideration which consideration shall include any expense incurred prior to acceptance of enneellation and an differ- ence due to a decline in metal market: prices between date of order and date cancellation is requested. (k) To makre any' sale or contract of sale of any product of any depscription gua~ranteeingr against a metal market decline. (1) To makze any sale or contract of sale for any castings below seller's cost as determined by a system of cost accounting which con- forms to the principles of and- is at least as detailed andl complete as a uniform and standard method of cost accounting to be formulated and adopted byv this Division and approved by the Administrator. (m) To guarantee the life or service of a, nonferrous casting. (n) To quote a flat price per pound for a variety of castings of widely varying weight and.or intricacy. (0) To absorb the cost of patterns, pattern alterations, tools gauges, core drivers, chemical analyses and/or physical tests specific by the customer, or any special equipment in the cast price and/or charge for such equipment at less thann its cost as determined as provided in paragraph (1) hereof. (p) No provision of this supplemental1 Code shall be so construed as to hinder the development of new uses. SUPPLEMENT TO CODE OF NON-FERROUS FOUNDRY INDUSTRY SenarrrIED B1Y THE AlLUMINUMI PERMANENT 1\IOLD CABSTINGS DIVISION OF THE Now-FERROUS FOUNDRY INDUSTRY To effectuate thle policies of Title I of the National Industrial Recovery Act, the following provisions are established as a supple- mental Code of Fair Competition for thie Aluminum Permanent M~old Castings Division of the Non-Ferrous Foundry Industry. 1. Definitionls of Terms. (a) The term aluminumll permanent moldt casting industry " means and includes that Division of the Non-Ferrous F~oundryr In- duStry, as defined, eng~aged in tl he business of producing aluminum and aluminum alloy castings madle w~ith permanent or semi-perma- nent molds andi such equipment, therefor as is regularly manufac- tur~ed in plants of members of the Division, provided, however, that such term does not include the production of aluminum and aluminum alloy die castings and aluminum piston castings. (b) The termn members of the Aluminumn Permanent Mloldl Cast- ings Division means and includes, but without limitation, every in- dividual firm, partnership,, ass-ociation, corporation, or other entity engaged in business in the Alumninuml Pe~rmanent 1\fold Castings In- dustry as above defined. 2. Adoption of Code Submnitted By The Non-Ferlrous Foundry Association for Industrial Recovery. The members of the A~luminuml Permanent. 1\Iold Casting~s Divi- sion of the Non-Ferrous Foundlry Industry hereby7 adopt and sub- mnit as a part of this supplemental Code,. the Code submitted for the Non-Ferrous Foundry Indlustry by the Non-Flerrous Foundry Asso- ciation for Indurstriail Recovery. 3. Unfair Alethods of Competition. For all purposes of the Code the act~s described in this section shall constitute unfair practices. Any member of this Divlision of the Indlusctry whlo shall, directly or indirectly, through any officer, em- ployee, agent, or representative use, emplloy, or permit to be employed any of such unfair practices shall be guilty of a violation of the Code. (a) To violate any of the provisions of this Code or amendments thereto. (b) To grive, or' permit to be given, to agents or employees or representatives of customers, or agents, employees, or representatives of competitors or of prospective customers, money or anythiing of value, to induce them to influence their employers or principals to purchase or. contract to purchase products of this Industry, or to influence such employers or principals to refrain from contracting with competitors. This provisionn shall not be construed to prohibit free and general distribution of articles commonly used for advertis- ing except so far as such articles are actually used for commercial bribery as hereinabove defined. 225 (c) To undertake to do wnork; or furnishl castingrs on terms other than those set forth in thle contract between. the parties. (d)1 To withhlold from, or insert in anyT invoice, words or figu res wrhich makie or tend to mrake such invouice a false record, wholly or in part, of the transaction represented on the face thereof ; the payTmentC or allowance of secret rebates, refunds, credits, unearned discounts, whether in thie form of mloney or otherwise; or the extension to cer- t.ain purchasers of services or privileges not extended to all pur- chasers under like conditions. (e) To purchase from customers goods, scrap, borings, anrd/or services at prices higher than the market for the purpose of influenc- ing or inducing the purchase. of non-ferrous castings. (f) To absorb all or any part of the mnc~hiningr cost of castings sold as machined castings. (g) To enter into quantity contracts with buyers without obli- gation on their part to take delivery of the qulant~ities specified in the contract or on the quotation, for the purpose of giving special unwa~rrantedl prices. (h) To accept requirements contracts wcithnout a specific minImumn which shall nlot be~ less than 75730 of the maximum and without specifying a time limit, except where such contracts permit ofe a price adjustment on date of release of quantities under the contract. (i) To defamet or disparage a competitor directly or indirectly, by words or acts, which untruthfully impugn his business integrity his ability to keep his conltracts, his credit standcing~, or the quality 0f his plroduc~ts; or manrki-ng, branding, labtelling products, and making statements regard-ingr products, the purpose or effect of which mnay be mlisleadling or tend to deceive purchaser~s as to the qluantity, qual- ity gorade, or substance of the goods purchased. Ij) To cancel in whole or in part or voluntarily permit the cancellation in whole or in part of any contract of sale of any product, except for a fair consideration, whch consideration shall include anyr expense incurred prior to acceptance of e~nncellaztion andl any difference dule to a decline in metal market prices b~twee~n date, of order and date cancellation is requnested. (k) To makre any sale or contract of sale of any~ product of any description protecting against. a metal market decline. (1) To make anly sale or conltract of sale for any castings below selle's otas trmndb a system of cost accounting which canforms coto asthepr~inipest of and is at least as complete and de- tailed~ ns the system of cost accounting ad~op~tedi by this Division and app~r~oved by the Aidministrator, provided, how-ever, no provi- sion of this paragraph shall be so construed as to hinder the dlevelop- ment of this Indlustry. (ml) To guarantee the life or service of an aluminum permanent moldl casting, provided, however, that noth-inig in ths paragraph is to be so construedl as to hinder the development of new uses. (n) To qunote a flat price per pound for a var~iety of castings of w~idely varying weight and/or intricacy. (0) To absorb the cost of' patterns, dies, permanlent molds, tools, gauges, core driers, chemical analysec~s and/lor physical tests sp~ecified~ byv the purchaser, or any sp~ecial equipment in the ens;ting price and,'or charge for such equipmelnnt at less than its actual cost in- 226 eluding direct. labor, full overhead, materials, and supplies; provided, however, in the case of development of new uses and/or new processes the cost of the development or the excess cost of miolds over their cost of reproduction miay not be charged to the customer. (p) To accept permanent mold equipment made by another perma- nent-mold manufacturer in this group and supplying production castings from such equipment. (q) To quote or accept orders for molds! dies, or any special equip- ment necessary to, the manufacture of a particular casting without including in the quotation or order an amount separate and apart from, the cost of the castings sufficient to cover the cost of such molds, dies, or other special equipment, or to extend terms for the sale of such molds, dies~, or special equipment other than net cash on ap- proval of samples or than the payment therefore in equal monthly in- stallments covering a period of not to exceed six (6) months. In t.he event that installment terms as herein provided are grannted, there should be added a carrying charge at the rate of two percent (2%o) per month for such period of time as such terms are granted. (r) To mnake any additional mold equipment to meet a customer's production requirements, without charging for same at not less than cost. (s) To give any cash discounts on billing or to extend terms of pay- ment for the purchase of the products of the industry for more than thirty (30) days. (!t) To accept orders which do not specify a definite quantity or which extend the time of delivery beyond one hundred and twenty (120) days from date of order for new castings or ninety (90) days from date of order on reorders of castings previously furnished. (u) To cancel or renew the unfilled balance of any order at a lowerr price without a charge equivalent to any loss occasioned by a decline in the value of the metal as determined by the average price at date of order anld date of cancellation average price of metal to be deter- mined ass i~n the system of cost accounting as defined in paragraph (1) above. (v) To renew the unfilled balance of any order except that such renewal be subject to the provision of (1) above. 4. TChe Following Shall Be Deemed Fair RIlethods of Competition for the Industry: ()Where a member of the Aluminum Permanent Rlfold Clastings Inustry produces more than one product, each ,separate product shall be considered as a separate unit for the purpose of ascer~taining costs and in determining such costs, fair and proper allocation of general expenses shall be allocated to thle several units. (b) All quota tions, orders, or contracts cov~ering mnolds, to be used for supplyingr production castings, shall contain a provision reading as follows: The above-described molds will remain in our possession and control, and when, for three consecutive years, no orders are received, the molds will be considered as obsolete and may be destroyed by us after giving 30 days' notice thereof to the customer. The process of construction and~ operating these molds will not be disclosed to any- one except employees of our company."' (c) All quotat~ions, orders, or contracts covier~ingr costings shall contain a provision reading as follows: L"The molds from which. the abo~uve-de ev-ibed' cas1tings will be madel, will remain in our possession and control, and when, for thrte econ- secutiv~e years, no orders are received, thesce molds will be c~onsideredl obsolete and may be destr~oyed by us after giving 30 days' notice thereof to t~he customer. The process of c~ollst met ion and opern tinga these molds will not be disclosed to anyone except em~ploye~es of our companyy.) SUPPLEMENT TO GODE OF NON-FERROUS FOUNDRY INDUSTRY SUBMT'TED ax anE rSTEPL AND RoLTuNo AIlLo CBsTnws Drvision or THE Nox- FERROUS EIOUNDRY INDUSTRY Tlo effectuate the policies of Title I of the National Industrial Recovery "dAct, the following provisions are established as a supple- mental Coeof Ftiair Competition for t~he Steel and Rolling Mllill Castings Division of the Non-Ferrous Foundry Industry. 1. Definition of Terms. (a)r The term Steepl and Rolling Mill Castings Industry means andl includes that division of the Non-Ferrous Industry as defined, engraged~ in t~he business; of p~roducing nonferrous castings for steel plants and roillingr mills except Blast Furnace Castings. ~(b)~ The term Member of the Steel and Rolling Mill Castings Division means and includes, but without limitation, every indi- vidual, ~firm, partnership, association, corporation, or other entity engaged in business in the Steel and Rolling M~ill Castings Induistry as above defined. 2. ~Adoption of Code Submitted by Non-Ferrous Foundry Associa- tion for Industrial Recovery. The members of the Steel and Rolling Miill Clastings Division of the Non-Ferrous Foundry Industry hereby adopt and submit as a part of this supplemental Code, the Code submitted for the Non- Ferrous F~oundry lIndustry by the Non-Ferrous Foundry Associatio~n for Indulstrial Recovery. 3. Unfair Mlethods of Competition. For all purposes of the Code the acts described in this section shall constitute unfair practices. Any member of this Division of the Industry who shall, directlyoidrety thoghnyofcr emplyee agnt r reresntaiveuse, employ, or permit to be emlploy~ed any of such unfair practices shall be guilty of a violation of the Code. (a) To violate any of the provisions of this Code or amnendmnents thereto. (b) To give, or permit to be given, to agents or employees or repr~esentativ\es of customers, or agents, employees, or representatives of competitors or of prospective customers, money, or anything of value, to induce them to influence their employers, or principals, to purchase, or contract to purchase products of this Industry, or to Influence such employers, or principals, to refrain from contracting with competitors. This provision shXall not be construed to prohibit free and general distr~ibutonn of articles cormmnly u1sed for advertising~ except so far as su~chn articles are actually used for commercial bribery as herein above defined. (c) T~o under~take~ to do work or furnish castings on terms other than those set, forth in the contract between the parties. (228) 229 (d) To withhold from, or insert in any inv\oir, w-olrls or figures which make or tend to malke such invocice a false r~ecordlc', wholly or in part, of th~e transaction represenlted~ on thle f;ueet thereof; the paymlent or allowance of secret rebates, recfunds,~ credits, u~ntlarne d discouns, whether in the form of money or otherwise; or the extension to cer- tain purchasers of priices, services, or privileges nojt extendedc to all purchasers under like conditions. (e) To purchase fl~ro custocmer~s goods~, sc~rap,1 borings, and/or seprvircn s at prices higher than thie market for the pin-p~oct of influ~enc- ing or inducing the purchased of n1onlferr1ou1s caisting~. (f) To absorb all or any part of the machining cost of c~astings soldl as machined ieastings except splecrially casting~s. (g) To enter into quantity contracts with buyers without obliga- tion onr their part to ta~ke delivery of the quantities specifiedl in the contract or on. the quoltation, for the purp'l ose of giving special unwnrralnted prices. (h) To accept requireml-ents colntracts without specifying a time limit, exicept where such conntl~rats pe~rm~it of price adjustmenrr t s to con- form w~it~h mueta I~ll m kt, advances and/or detcline~s at least once (i) To defame or dlisparage a comlipetitor, directly~ or indirectly, by words or acts, which untru~thfllyll imIpugn~ his buIne~llss integrity, his ability to keep his contracts, his cl~reit standing,, or the quality of his pr~oduc~ts; or marnlking,. brandlcing, labellingf products, and makl- ingr8 staemlnt s regardlingr products, the 1~'purpos or effect of which may be misleadcing or tendl to dleceive purchasers as to the quantity, quanlityr, gr~ade, ol r sub~talc~e of the gooc.dsi pur~chasned. (j) To cancel in whole or in part or voluntarlily permit the can- cellation inz whole, or in par~t of any contract of sale of any p-!rouct, etxcept for a fair consideration, which! r-onwidera1tio n shall inlcludle any exp~ense incurredl prior to accecptancet of cancellation. and any dliff- erence due to a decline in metal marke.~~ t pr'iceS belnttween da~te of order and date of cancellation is requetsted. (k) To make any sale or contract of sale of any prodluct of any description guaranteeing against a metal marklet decline. (1) To[' make any sale or contract for sale of an~y castings belowr seller's costs as determined byi a, system of coslt necounting which conforms to the pr'inciples of, and is at least as dletailedl and comrrplete as a standalr~d method of cojt ncccuntingr formulated and adoptedc by this Division andc a7pproved~ by the Administrator. (mn) To guaranntee the life or service of a nonferrous castingb. (n) To qulote a flat price per pound for a vnr~iety of castings of w-idely vary)ing weight and/or inricacy. (o) To absorb thle cost of patterns, dies, permanent mnolds, tools, gaug~es. core dr~iers, chemical analyses, and/or p~hysical tests specified by the purchase qp or atny snpecial equipment in the c-st i ng price and/or charge; for such. equipmnent at less~ thar its alctCual co~st 1incIIl~uin dIirect labor, full ov-erhleal, materials, and suplplies except specialty castin~gs. (p) To accept any contract or order on a consignment basis. SUPPLElblENT TO CODE OF NON-FERROUS FOUNDRY INDUSTRY SIIMTIstrrD BSY T[HE BLAST FURNA\CE CASTING DIVISION OF THE .NON-FERROUS FOUNDRY INDUSTRY To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are established as a supple- mental Code of Fair C'ompletition for the Blast Furnace Cast~ings Division of the N'on-F~errous Foundry Industry. 1. Definition of Termls. (a) The term Blast Furnace Clastings Industry means and includes that Division of the Non-Ferrous Foundry Industry, as defined, engaged in the business of producing non-ferrous castings for Blast Fur~naces, such as Tuyer~es, Cinder Notches, Coolers, Bosh Mantle and Inwavll Plates, Hot Blast Valves, and Y'alve Seats. (b) The term "i Memb~er of thle Blast Furnace Castingas Division " means andi includes, but without limiitation, every individual, firm, partnership, association, cor~por~ation, or other entity engaged in busi- ness in the Blnst Furnace Castings Industry as above defined. 2. Adoption of Code Submitted by Non-Ferrous Foundry Associa- tion for Industrial Recovery. The members of The Blast Fuirnace Castings Division of the Non- Ferrous Foundry Induistry hereby adopt and suibmit as a part of this supplemental Code, thle Codle submitted for thle Non-Ferrous Foun- dry Industry by the Nonl-Ferrous Foundry Association for Indus- trial Recovery. 3. Unfair Meithods of Clompet~ition. Fior all purposes of the Code the acts dlescr~ibed in this section shall constitute unlfair practices. Any member of this Division of the Industry, who0 shall, directly or indirectly, through any officer, employee, agent, or representative use, employ, or permit to be em- ployed any of such unfair practices shall be guilty of a violation of this Cod-e. (a) T1o violate any of the provisions of this Code or amendments thereto. (b) T'o miake or promise to any purchaser or prospective purchaser, or to any officer, employee, agent., or representative of any such pur- chaser or prospective purchaser, any bribe, commission, or split com- mission, gratuity, gift, or other paymlent or remuneration directly or indir~ectl:.~ Th~is p~rovision shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as herein- above defined. (c) To withhold fromt or insert in any invoice words or figures whiich make or tend to makze such invoice a false record, wholly or in part, of the transaction represented on the face thereof, the pay- ment or allowance of secret rebates, refunds, credits, unecarnerd dis- (230) 231 counts, whether in the form of monley or ot~herw~ise~; or the extension to certain purchasers of services or privileges not extendted to all purchasers under like conditions. (d) To extend to any purchaslner special concessions in the nature of free machiningf not standard as of July 1, 1933, and defined as follo-s : Tuyeres--Drill and T'ap Holes. Alac~hine Cealt, for BlowrP Pipe. Cinder notches-Tulvere Coolers. Notch (or intermedjate) Coolers. Bos~h Plates, 11Inntle (Ilnwall)) Plates. Drill and Tap Holes. Ho~t blast valves and hot blast valve seats-Follow blueprint. fur- nished by purchaser.' To rem~allhine a valve or seat after it h~as been shiIpped to a purILChaser' (eceptI to correct an error) constitutes an unfair mneth~od of compettiion. TCo mlachlie oultsidec surface of tuyere fit or ins~idet surface of cooler fit without char~ginlg pulrchanse r full cost of such extra machinlingr m addition to per-pound price constitutes an unfair method of com- petition. However, filing or grindcing smnoo~th where necessary is allowanble? without extra charge. (e) To enter inrto quantity or period contract with any piurcae withu obligation on purchaser s part to take splcj~ifiedmniu poundage which shall not be less than 75%C of the mn ximumlll except wr~herec such conte~nds permit of pr~ices adcjus~tmnlits to iconlform! with mletal market advance~s and/or declines at least once monthly. (f) I~n case of chalngle or ecellclationn of order in process, pur- chaser shall be charge full amorun~t of expense incurredcl prior to acceptance of enncellation and any d~iffer~ence due to a, deccline! in mleta~l-markret pricesc betwen-tc date of order and date of cancellation (g) I1~~To make any sale or collrntrat of sale guarnl~lteeing against a metal-market decline. (h) To makze anyl sale or contract of sale for an~y icastingsa below cost as de~ter~minedl by a, systemn of cost aIccounting adopted by this division and approved by the Adm'l~iini. l;t Cratr (i) To gruazrantee th~e life of a Blast Fur~nace Casting. (j) To reqiuote a price lower than a compe~ttitor's prices after being adv-ised~ what that competitor's price is. (k) To accept any conitrac~t or border on a consigfnment basis, or wFith the under~standiing that shipmepnt is to be held backi pendlingv customers' specification. or on any other delivery basis than that of shipping when readly, and involcing as of date of shipment and on terms specified inl paragraph (1). (1) Termns of payment shall be: Net 30 days from la~te of sh~ip- m-ent. A dlisc~ount, of !'! of 19SF mayf; be allowed for earlier payment. (m) Ahll shipments shall be invoiced in cents per pound for the actual shipping w~eight. Approved Code No. 163. Registry No. 1111-05. UNIVERSITY OF FLORIDA 3 1262 08855 7557 |