Registry No. 1319--15
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AND FORGING MACHINERY
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
AS APPROVED ON NOVEMBER 8, 1933
1. Executive Order
2. Letter of Transmittal
UNIV. OF FL LIB.
U.S. DEPosLTOPRY irwr STATES
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superinltendent of Documnents, Governmenzt
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CODE OF" ]FAIR COMPETITIONS FOR THlE nlACHINIIE TOOL; AND FORGINGI
An application having been duly made, p~ursuant to and in. full
compliance with the prov-isions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Maschine Tool and Forging Manchinery In-
dustr, alnd hearings havringr been held thereon. and the Administra-
tor having rendered his report containing an analysis of the said codle
of fair competition together ~with his recommendations and findings
with respect thereto, and the Administrator having found that the
said code of fair competition complies in, all respects wCIith the per-
tinent provisions of title I of said act and that the requirements of
clauses (1) and (2) of subsection (a) of: section 3 of the said act
have been met:
NOWl~, THEREFiORIE, I, ]Fr1ankilin D). Roosevelt, ]President of the
United States, pursuant to the authority vested in me by title I of
the National In~dustrial Riecovery Act, approved June 16, 1933, and
othlerwise, do adopt and approve the report and recommendations,
and findings of the~ Administrator and do order that the said code
of fair competition be and it is hereby approved, excepting that the
Administrator shall have the right on review, to disapprove or
modify any action taken by the supervisory agency under article VI.
]FRANLIN D. ROO0SEVELT.
THE \fHITE )Jl0USE,
November 8, 19331.
HUGH S. JOTINSON,
The RESIENTOCTOBER 28, 1933.
The W;ihite Hiouse.
SmR: This is a, report on the Code of ]Fair CompetitIon for the
Machine Tool and Forging Mnc~hinlery Industry in the United States,
the hearing having been conducted in Washnington on October 2, 1933,
in accordance with the provisionls of the National Industrial Re-
PROVISIONS AS TO HOURS AND WAGES
Employment is limited to 40 hours per week: except during periods
of seasonal or peak demalnnd-. Such limitation is ex~tended~c to 48 hours
for six weeks during any six mlonths' period provided that time and
one half shall be paid for all time worked in excess of 8 hoursY
Limi;tations do not apply to employees on emergency manintenanlce,
or repair work, or to very special cases where restrictions of hours
of highly sk~illedl w~orklers would unavoidably reduce or delay produc-
tion, but time and one half must be paid for all over 8 hours in any
Exceptions are made for executive, administr-ative, supervisors,
and technical employees and their respecti-ve staffs, receiving more
than $35.00 per week, traveling sales and service employees.
No person under 16 years of age shall be employed in the industry
and no person under 18 years of age permliitted~ to work: on operations
hazardous in nafturle or d~~~i~e ltrimnl to health.
The minimum wtage paid to any employee engaged3 in the produc-
tion of the products of the industry and in labor operautionls
connected wirth. it shall be 40 cents per hour unless the rate per hour
for the samec class of labor was less than 40 cents per hour on July
15, 1990~, in which case the m~inimnum rate shall not be less than the
rate than paid, provirdedr that in no case shall the minmimumn rate be
less than 35 cents per hour.
Learners whoe are specifically employed in the learning of one or
more machine operations may be employ-ed in the industry not more
than 90 days at not less than 80 percent of the minimum wage rate
and shall not exceed 5 percent of the total number of factory
employees workings for the employer.
All. other employees not covered by the hourly wage rates shall be
paid not less than $15.00 per week with. the exrceptionl of office boys
and girls who may be employed at a rate not less than 80 percent of
suchn minimum rate and shall not excteedl 5 percent of the total number
of employees under such salaried classification.
ECONOMIC EFFECT OF` THE CODE
Th~is industry develops and builds the basic machines by means of
which all other machines, as well as machined products of metal, are
made. Thre industry has suffered mor~e seriously from the djepression
than hias almost any other prodluce~r of capital goods.
Lack of ordeltrs hafs reduced employmentlt from a 19"9 high~ of
41,000O to a lowv of 9,600 as of Junie 19;33. Hours of labor average4
34 pe w~e~ek in June 1933, as comparledl to 53 per week in 1929. WVith
mecreasedl orders and the applicationi of the 40-hour wreek~ as pro-
vided in this C'ode employment should increase appoximatlytl 12
percent, andl pay rolls ilcr~ease approximately 20 percent. These
contributions toward reemnploymuent and in public purchasing power
are being made at a sacrifice to the Indulstry, and this condition can
be maintained and imnproved only through early revival of machinery
The Admiinistrator finds that:
(a) The Code as recommended complies in all respects with the
pertmnent provisions of Title I of the Act, including without limita-
tion, suibsection (a) of Section 7 anid subsection b) of Section 10
thereof : and thiat
(b) Thle applicant group imposes no inequitable restrictions on
admlission to memberships, therein and is truly representative of the
Machine Tool and F'orgainga Machinery Indtustry; and that
(c) TheI CodeIP as recommended~ is not, designed to promote monop-
olies or to eliminate or oppress small enterprises and will not operate
to discriminunte against them, and will tend to effectuate the pohecy of
Title I of thle National Industrial Recovery Act.
It is recommended, therefore, that this Code be adopted.
THou S. JoHNSON,
CODE OF FAIR COMPETITION FOR THE MACHINE TOOL;
AND FORGING IMACHINlERY INDUSTRY
To effectuate the policiess of TIitle I: of the N~ational Industrial
Recovery A1ct, the follow Fing provisions are submitted as a Code of
Fair Competition for the Machine Tool and Fiiorging M~achinery
Industry, and, upon approval by the President, shall be the standard
of aircometiionforsuch Industry and shall be binding upon
every members th~ereof.
ARTICLE TT- DEFINITIONS
The following terms used inl this Code shall be defined as follows
"L Machine TIool and F'orging Manchinery Industry or' Industry ""
includes the manufacture for sale of (1) machine tools, including
power-drivecn complete mletal-workring machines, not 'portable by
hand, having one or more tool or wor~k-holding~ devices for progr~es-
sively removlngr metal in chip forml; (2) forging machinery, includ-
ing all hot andB cold exceptt by hySdraulic) frm machinery; and
(3) parts thereof, including all parts for machine tools and forgin
machinery, ji and fixtur~es, die heads, and such small toolsan
accessories as are now, or may be, made by manufacturers for
machine tools andl forging machinerg of their own manufacture.
"L Employee ".-Anyone engaged In thle Industry ini any capacity
receiving compensation for his services, irrespective of the nature
or method of payment of such compensation.
Employer ".-Anyrone by whiom any employee is compensated
Member of the Industry "'.-Anyone engaaged in the Industry,
either as an employer or on his own behalf,
"'Presid~ent ",1 "ACt "~, and '"Administmrato ", as used herein mean,
respectively, thle President of the UCnited States, the Natonal Indus-
trial Recov-ery Act, and the Administrator olf said Alct.
Learner".--An employee w~ithouit previous experience on the
class of work for which he is engaged, being trained to become com-
petent on one or more machine operations, but who shall not be
so classified after ninety (90) days' experience.
On and after the effective date no employer shall employ any em-
ployee except executives, administrative, supervisors, and technical
employees and their respective staffs, who are paid at the rate of
$35.00 or more per w~eekr, traveling, sales and service employees,
wntclhmen, and firemlen in excess of 40 hourr- per week1, provided,
how\~evecr, that these limitations shall not apply to conditions of sea-
sonal or peak demand which creat~ie an unusual and temporary buirden
for production or installation; in such. special ien.--as wh1 number~c of
hours may be workedl~~t as are required bytene-iie ftesta
tion, but not to exceed 48 hours per wveek o any 6l~~i~ week in any cal-
endar 6 months' period; and provided furlther, that these limnitations
shall not apply to employees on emerge'~nl:y, maintenance, or repair
work, or to very special cases w-here restrict io of hours of highly
skrilledl workers would unavoidably redluc~e or delay production.
Where~t in any case an employee whose hours of work are her~ein spec-
i~fied (other than salaried employees) shall workr in excess of 8
hours per day, time and onle half shall be paid for the excess hours
(a) On. and after the effective date no employer shall employ
anyone under the age of 16 years; nor anyone under 18 years of age
at operations or occupations hazardous in nature or detrimental to
health; provided, however, that where a Statte law provides a higher
minimum age, no person below the age specified by such State law
shall be employed within that State.
(b) On and after the effective date the minimum wagce thnat shall
be paid by any employer to any employee engaged in. the production
of the products of the, MachT-ine TPool and ~Forging Machinery Indus-
try and in labor operation directly incidental therto1cc shall be 40 cents
perhou, ules te rte erhour for the same class of labor on
July 15th~, 1929, was lessthn0cetiwihcaeherepr
hour paid shall be not less thaun the rate per hour paid on July 15th,
10201; and provided, that in no event shall the rate per hour paid be
less than 35 cents; and provided, hownever~l, that learners (other1 than
apprentices, as defined in paragraph (dl) of this Article IV7) may be
paid not less than 80 percent of such minimum. wage, but the total
number of learners at such reduced rate shall not exceedl 5 percent olf
the total number of employees covlered by thie pr~ovisiolns of this para-
graphl (b) and provided further, that after three months of ~or~k
learners shall be paid not less than the minimum wage herein
(c) On and after the effective date the minimum wage that shall
be paid by any employer to all employees other than those e~ngafed
in thle prodne~ctionl of the prlodu~c~ts of the Machline Tool alnd F~iorgmgn
Mlachlinerly Industry and in labor operations directly inc~irent threto
shlall be! at the rate of $15.00 per wveek, providedc, however, that
office boys and girls may be paid not less than 80 percent ~of) such
m~inimumn wage, bult the total number of such office boys; andl girls
employed at such I~~~~redce rate shall not exceedl 5 prclenlt of the total
number of emnployees~c covered b-y the provisions of this para-
(d) This Article establishes a minimum rate of pay, regardless
of wvheth~er an empl~tloyee is compensated~i on. a timne ratc, piecew-orkl, or
(e) Nothing in this Article IV shall apply to or affect a bona fide
app~ren'tice employed under a sysjtem or course of training which,
when completed, will make the apprentice a skilled mechanic. At
no time shall new apprentices be admitted to apprenticeship when
such action shall bring their total number to more than 10 percent
of the total employees.
(f) N~ot later th~an 90 days after th effective date each Miember
of the Indtustrly shall report to the Administrator through the Su-
pervisory Agrency, heremnafter pr~ovidled for, the action taken by
suchemplyerin ajustng he wge ates for (b) and (c) of this
Article IV, but receiving less than$300prweofrglrok
(g) Copies of this code shall be publicly posted for the direct
information of all employees.
ARTICLE V--GENERAL LAnon, PROVISIONS
As required by Section 7 (a) of Title I of t~he National Industrial
Recov-ery Act, the following provisions are conditions of this Codle:
SECTION 1. (R) That employees shall have the right to organize
and bargain collectively through representatives of their own choos-
ing, andl shall be free from the interference, restraint, or coercion ofC
employers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective ba rgaining or other mutual aid or protect ion.
"(b) Thatt no employees and no one seekingr employment shall be
required as a condition of employment to join any company unrion
or to reframn from joinmng, organizing, or assisting a labor organiiza-
tion of his own choosing, and
"L(c) That employers shall comply with the maximum hiour~s of
labor, minimum rates of pay, and other conditions of employment,
ap roved or prescribed by t.hle President."
OEc. 2. T~ithin each State this Code shall not supersede any lawsa
of such Sta~te imposing mor~e stringent requirements on emplloyer
regullating thle age of employees, wages, hours of workr, or health,fre
or general working conditions than under this Code.
ARTICLE VI ADMISI.S~lTRTION
To effectuate the policies of the Act, a Supervisory Agency is
hereby constituted to cooperate with the Adlmmistrator in the ad-
ministration of this Code.
SECTION 1. (a) During the sixty day period followrincr the effective
date of the Code, the Code Committee of thle National gMachine Tool
Builders Association shall constitute a temporary Supervisory
Agency. This committee shall consist of five members; and the Act-
ministrator, in his discretion, may appoint not more than three addi-
tional members (without vote) to represent the Administrator.
(b) To permilt representation of machine tool and forging ma-
chinery builders not members of the Association the latter shall
within sixty days after this Code becomes effective, set up a per-
manent Supervisory ~Agency to succeed the temporary Agency in
effectuating the policies of the Act and to cooperate in the Adminis-
tration of this Code. Suchi Agency shall be elected at a meeting
called for this purpose to which all known machine tool and forgmng
machinery build~ers shall be invited with voting privileges. This
succeeding Algency shall consist of sevetn members of which at least
five shall be members of thne A4ssociation, and the Administraltion
appo~intees (if atny) as referred to in Section 1 (a) of this Article VI.
(c) In order that the Supervisory Agency shall at all times be
trulyT reprse~ntativ-e of the industry and in other respects comply
with the provisions of the Act, the Administrator my prvie such in
hearings, as he may deem proper; and thereafter i esalfn
that the Supervisory Agency is not truly representative or does not
in other respects comply with the provisions of the Act, mnay re
quire an appropriatemdfcto ntemto fslcino h
(d) Aciny member of the Industry may participate in the prepara-
tion of any revisions of, or additions to this Code, by accepting his
proper pro ratat share of the cost and responsibility of creating and
administering it or by becoming a member of apphecant.
(e) W~henever in the judgment of the Administrator and the
SupervisoryT Agency of the machine tool anld forging machinery
industry and the corresponding administrative agency established
for the code of fair competition of the Machine Tool and EQuip-
ment Distributors' trade it becomes advisable to appoint an arbitra-
tion board such action shall be taken.
ARTICLE VII STATISTICAL DAT~A
The members of the National Machine Tool B3uilders' Association
and the subscribers of this Code and anry other members of th~e
Industry (subject to the approval of the Administrator) shall con-
tribute to the Associationl, office figures covering their company's
experience, for comtpilattion, of I~ndustry reports on the following
'(1) Monthly reports on total volume of new orders, in dollars,
classified according to foreign anld domestic destinations.
(2) MonthlyI detail, reports classified by types and sizes of mza-
chinles agreed upon by mlemabers of eachn group, covering unfilled
orders, new orders, cancellations, shipments, and stocks on hand, in
(3) M/onthly reports on wrages paid, by wage-scale classifications.
(4) Monthly reports of average hours of employment.
One copy of each such composite industry report, whfen compiled,
shall be made available to each member of the ind~ust~ry.
It is, however, expressly provided that the jurisdiction of thre
Supervisory Agency over alny member of the Industry, is limited to
that portion of the business and employment of such member of th~e
Industry which is within the Industry.
Except as otherwise provided in the Act, all statistics, data, and
information filed in accordance with. the provisions of th Code shall
Thne statistics, data, and information of one member of the industry
shall not be revealed to any ofher mem-ber of the industry. ]For the
purpose of administering or enforcing the provisions of this Code,
Supervisory AgencyT, by its duly authlorize~d representatives (wrcho
shall not be in the employ of any~ member of the industry), shall
have access to any and all statistics, data, and information that may
be furnished in accordance with t~he provisions of this Code.
In addition to information required to be submitted to the Super-
visory Agency, there shall be furnished to government agencies such
statistical information as the Admlinistrator may emneesr
for the purpose recited in Section1 8 (a) of the Natona Industraly
ARTICLE VIII---ACCOUNTING AND COSTING
As a basis for the determination of a fair price for each unit
manufactured and sold by any member of th Industry the Super-
visory Agency shall establish a practical system of cost finding, the
principles of which are to be submitted to the Administ~rator for
approval, desi ed to provide sound methods of dealirm* with cost
problems pecuart the industry, to be used by the Inclustry with
such variations therefrom as mayv be required by the individual
conditions affecting any member of the Indfustry or group of mem-
bers of the Industry, subject to the approval of thle Adrmnistrator.
AnRCLE IXY-SELLNG BEJOII)W COST
After a basis for determining cost as described in A~rticle. VIII
hereof has been approved by the Adm~inistrator, no mlember of the
Industry shall sell or exchange any product of the~ Industry, manu-
factured by him, at a price, or upon terms and conditions, which:
will result in the customer paying for the goods received, less than
the cost thereoft to the seller, determined in accordance with th~e sys-
tem of coLSt fnindg described in Article VIII hereof ; prov'idedl, how-
ever, that obsolete products may be dlisposed of by a~ny- member of
the Industry at a less price, but only if such member of the Indulstry
files immediately with the, Supervisinga Agency, for imm~ed iate tra ns-
mittal to all directly competing members of the Industry, a state-
ment in writing, setting forth an identifying description and quantity
of such equipment.
ARTICLE X DOMESTIo PRICE L~m
Every member of the Industry shall establish and announce hisr
-own prices for his standard product, accessories, and/or attach~-
ments. Such prices shall then be the list or published prices to be
quoted to all customers. These list prices shall rem~amin effect,
and no deviation may be made from them until changes are made
as provided in the following Paragraph of this Article X1.
In order to effect change m list or published prices, and at least
10 days before new prices are to become effective, the member of
the Industry shall file notice of change, including a schedule of new
prices, with Supervisory Agency, and at the same time supply Sjuper-
visory Agency as many copies as may be required to mail one copy
to each member of the directly compeiiegop
During the above 10-day period iv any ompettrsalhv h
privilege of announcing new prices to become effective on thle same
date, announcement of same being sent at once to Supervisory
Agency as above.
For a period of 1_0 days following the date on which. the new
prices become effective, the mlemuber of the Industry mnay acceptf
orders on qluotations whichl were outstanding.
ARTICLE XI TRADE: PRACTICES
Unfair practices shall be deemed to be prac~ticets or acts which by
subterfuge, concealment, misrepresentation, or by any form of dis-
crimination, result in selling below published prices, or in deceiving
or misleading purchlaser~s, or in misrepresenting the products of com-
petitors. The following specific practices are examples of unfair
methods of competition as defined above, and shall be prohibited.
(a) Fal~e IMarkcing or Brandingn.--The false marking or branding
of any product of the Industry which has the tendency to mislead or
deceive customers or prospective eastomers, whether as to the grade,
quality, quantity substance, character, nature, origin, size~rohrie, finish,
or preparation ofany product of the Industry,orthwie
(b) Mlisrepresentatio~n or False or MLiisleading Advuertising.--The
making or causing or knowingly permitting to be made or published
any false materially inaccurate or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the Industry, or the credit terms, values,
policies, or services ofE any member of the Industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
(c) Commercial Bribery.--Directly or indirectly to give or permit
to be given, or offer to give, money or anything of value to agents,
employees, or representatives of customers or prospective customers,
or to agents, employees, or representatives of competitors' customers
or prospective customers, without the knowledge of their employers
or principals, to purchase or contract to purchase from the makers of
such gift or offer, or to influence such employers or principals to
refrain from dealing or contracting to deal with competitors.
(d) Interference with Contractual Relations.-Maliciously indue-
ing or attempting to induce the breach of an existing contract be-
tween. a competitor and his customer or source of supply, or inter-
fering with or obstructing the performance of any such contractual
duties or services.
(e) Secret Rebates.-The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
(f) Giv~in~g of Prizes, Premniuzs~, or Gifts.--The offering or giving
of prizes, premilums, or gifts in connection with the sale of products,
or as an inducement thereto, by any scheme which involves misrep-
resentation or fraud.
(g) Defamzation.-The defamation of competitors by falsely im-
putin~g to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
(h) Threats of Litigatior.--The publishing or cir~culating of
threat or suits for infringement of patents or trade marks or of
any other legal proc~eedings not in good faih, wSith the tendlency or
effect of harussing~ competitors or intimidating oter customers.
(i)nfp O ~ Ither nfai Pllractiec.R-N othin g in this Codce shall limit th~e
e'ffect of any adljudlication by h orso odn by h eea
Tradeu Commission on compilay~ int, C finding, a ln ordrb that any prlac
tice or mlcthodl not oultlinedl above is unfair.
ARTICLE XII--EXP'ORT TRADE
To enable the Indlustr y to compete in. foreign markets. the follow-
ing provisions of the Codae shall not apply to export trade or to
sales and,'or shipment for export tradee: Articles IX andl X.
ARTICLE XIII STA'ras PRIOR TO EFFECTIVE DATE
Prior to its ap~prov-al by th President, aipp~licanit ma~y at any time
change or modify any provision of this Code (except those provi-
sions required by Sectio~ns 1 (a) atnd 10 (b) of the _Act), or m~ay
withdrawn this Code.
The applicant wiill not be deemed to have consented to any change
or modification of th~is Code wPhichZ may be affected by the Prlesident s
order of approval, unless such change or modification is submitted
to the applieant and consented to by the applicant.
SECrlON 1. (a) This Code and all the provisions thereof are ex-
pressly made subject to the right of thc P~resident, in necordalnce
wnut~z.iith the pr ovisions of subsectioni (b) of Section. 10 ofE the Natio~nal
IndstralRecovery Act, fr~om time to time to cancel or modif: any
border, approval, becense, rule, or regulation issuedl uinderl Tile I
of said Act and specifically, but without limitationi, to the right of
the President to cancel or modify his approvaul of this Code or any
conditions imi-posed by him upon his approval thereof.
(b) Thiis Code, except. as to pr~ovisionls I~reqired by the Aict, may
be modified on the basis of expeien~lce or changes in circumllstances,
such modification to be basedl upo~n application to the Adminiistrantor
andi such notice and hearin( as he shall specifyg, and to become
effective on approval of the President.
ARTICLE SXV-- AT~ONOPOLIE
No provision of this Code shall be so applied as to permit mnonopo-
lies or monopolistic practices, or to eliminate, o~ppress, or discriminate
against small enterprises.
ARTICLE X VI-E~FFECTIVE DATE
Th~is Code shall become effective on the 11th dany after itsj ap-proval
by the President.
UNIVERSITY OF FL.ORIDA
llII I IllII II IIIUIIIIIIII I
3 1262 08855 5437