Code of fair competition for the non-ferrous foundry industry as approved on December 18, 1933 by President Roosevelt

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


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