Code of fair competition for the aluminum industry as approved on June 26, 1934

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Material Information

Title:
Code of fair competition for the aluminum industry as approved on June 26, 1934
Portion of title:
Aluminum industry
Physical Description:
p. 113-129 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry no. 1203-04."
General Note:
"Approved Code No. 470."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930337
oclc - 643346818
System ID:
AA00007712:00001

Full Text




A


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


ALUMINUM INDUSTRY


AS APPROVED ON JUNE 26, 1934


WE DO OUR PART


UNIV. OF FL LUi
DOCUMENTS DEPT



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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTONs 134


har slo la i jlagurWtuitdat af DMunmmnta, Waeahlaton, D.C. Prlee 8 CentO


Approve&Code No. 470


Registry No. 1203--04






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 470


CODE OF FAIR COMPETITION
FOR THE

ALUMINUM INDUSTRY

As Approved on June 26, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE ALUMINUM INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Aluminum Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find, in view of the findings and recommendations of
said report and in view of the objections which have been made to
said Code and which have received due and careful consideration,
that it is in the public interest to permit said Code to be put into effect
for a period of 90 days after the effective date thereof, in order to
determine the extent to which said Code will aid to promote the pol-
icy and purposes of Title I of the National Industrial Recovery Act,
with the pertinent provisions of which Act I find that said C'ode
complies and I do hereby order that said Code be, and it is hereby
approved, to continue in effect for said trial period of 90 days, sub-
ject, however, to the right reserved in the Administrator to cancel or
modify this order of approval at any time and subject further to the
following conditions:
1. The Administrator will cause an investigation to be made during
said 90 day period of the past practices of the industry and any
modification of such practices or effect upon such practices resulting
from the provisions of the Code and a report made to the Adminis-
trator at least ten (10) days prior to the expiration of said trial
period, in order that he may determine the extent to which the Code
has operated to protect small enterprises from any alleged oppression
or discrimination and has aided to effectuate the policy of said title
70243----57-154---34 (113)






114


of said Act and the Administrator will request the aid of any other
appropriate agencies of government in the making of such investiga-
tion and report.
2. During said 90 day period the Administrator will receive and
investigate any complaints of unfair competition in the sale of fabri-
cated products at prices constituting unfair competition, or oppress-
ing small enterprises, or tending toward monopoly, or the impairment
of code wages and working conditions.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
C. E. ADAMS,
Division Administrator.
WASmNGTONw, D.C.,
Jwne 26, 1934.













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Sm: The original Code of Fair Competition for the Aluminum
Industry was presented on August 18, 1933, by the Association of
Manufacturers in the Aluminum Industry, an unincorporated mem-
bership society organized in 1933, representing over 95% of the
known members of Industry and about 97% in volume of production.
A joint public hearing was held on September 28, 1933, at which
time the proponents of this code, together with those of the Sec-
ondary Aluminum Industry and the Aluminum Fabricators Group,
were heard. A Code of Fair Competition for the Secondary Alumi-
num Industry was approved on February 6, 1934, and provisions
were made in the code for that Industry that upon the election of
the Administrator it may be made a supplemental code to this major
code for the Aluminum Industry when approved. The code as pre-
sented by the Aluminum Fabricators Group represents a minority
interest representing less than 3% activity. The code as presented
is in direct conflict and overlaps with the major code for the Alumi-
num Industry. This code for the Aluminum Industry as presented
by the Association of Manufacturers in the Aluminum Industry was
revised during the recess of the hearing and was submitted in its
final form for approval. Every person who requested an appearance
was properly heard in accordance with statutory and regulatory
requirements.
The Aluminum Industry as outlined in this code embraces all steps
in the Industry from the mining of bauxite, the beneficiation of
bauxite, and the reduction of alumina to virgin aluminum and the
subsequent fabrication of such virgin aluminum and the sale of such
fabricated products.
The major steps of the Aluminum Industry are:
1: The mining of bauxite, the principal ore of aluminum.
2: The extraction of alumina, the oxide of the metal, and
3: The reduction of alumina to virgin aluminum by electro-chem-
ical processes, and
4: The fabrication of such virgin aluminum into semifinished or
finished industry products, and
5: The sale of such fabricated products.
In addition to the manufacture of aluminum, bauxite finds use in
the manufacture of chemicals, abrasives, refractories and certain
cements. These uses consume about one-half of the American
bauxite production.
The American Aluminum Industry obtains its bauxite supply
from two principal sources, Arkansas and Dutch Guiana, and since
1928 the imports have been greater than the domestic production.
(115)







116

The consumption of bauxite in the United States, as reported by
the United States Bureau of Mines, is as follows:

Produc- Apparent Produc- Apparent
Year tion Imports Exports consump- Year o Imo ports Exports consump-
tion iton

1922.--.... 309,000 23.700 19. 00 313,700 1928........ 375,400 350,100 113.000 612,500
1923..----- 522,700 119,000 78, 600 563, 100 1929.......------. 365,800 380,800 133,600 613.000
1924-------.. 347.600 202,000 77, 100 472,500 1930....-----.. 330,600 409,700 104, 00 635,800
1925---.--. 316,500 353 700 77.600 592, 600 1931..-----. 195.900 306,500 83,400 419, 000
1926 ...---.. 392,200 281,600 87 800 586,000 1932........ 96,300 205,600 28,500 273,400
1927.----... 30,900 356,600 121,900 55, 600

After the milling and drying of the ore the concentrates are con-
verted into alumina, the oxide of aluminum, from which the metal
is reduced. The process of recovery of alumina from the concen-
trates is one of purification wherein the concentrates are treated with
caustic soda, resulting in the removal from the concentrates of iron,
silica and other undesirable constituents. The resultant aluminum
hydrate is then precipitated, purified and calcined resulting in
alumina as the end product. The process is fairly expensive as
large amounts of caustic soda are required and the work is carried
out under temperature and pressure. Approximately one ton of
alumina is recovered from two tons of bauxite.
The alumina as produced from bauxite is dissolved in a fused bath
of cryolite, and aluminum is precipitated from the molten bath by
passing an electric current through it. About one ton of aluminum
is recovered from two tons of alumina. The process requires large
quantities of electrical energy, about 22,000 kilowatt hours being
required for each short ton of aluminum produced. All the plants
for the manufacture of virgin aluminum in America are owned by
one company, and are located at Niagara Falls, N.Y., Massena, N.Y.,
Alcoa, Tenn., and Badin, N.C. the selection of sites being deter-
mined principally by the availability of cheap electrical power.
The production of virgin aluminum in the United States as re-
ported by the American Bureau of Metal Statistics in metric tons,
is as follows:
1922_ ------ _-------- 83, 600 1928 ------- 95, 00
1923------------- 8, 500 1929------ 102, 100
1924 --_--- --_----- 68,300 1930------------- --_103, 900
1925 --------------- -. 63, 500 1931 -------------- 80,500
1926 --------------- 65, 800 1932---------------- -- 47,600
1927 -------------- 72,600
During the same period the production of Secondary Aluminum
has been about two-fifths of the tonnage of primary aluminum.
The virgin aluminum is subsequently used by the original producer
and also sold to independent fabricators for the manufacture of
aluminum alloys, aluminum plate and sheet, extruded shapes, forg-
ings, tubing, bars, rods, wire, cable, aluminum foil, aluminum cast-
ings and aluminum bronze powder.
The independent fabricators of aluminum are also large users of
imported virgin aluminum. In fact the imports of virgin aluminum
ingot during the past few years have exceeded the amount of virgin
aluminum ingot sold by the American producers to the independent
fabricators.






117

AnRICLE I. States the purpose of the Code.
ArrncLE II. Defines specific terms applicable to the Aluminum
Industry as used in this Code.
ARnTLE III. The maximum hours are limited to 40 hours per
week; no employee unless otherwise specified shall work more than
six days in any seven day period. Exceptions from the maximum
hours per week are provided for to meet the requirements of In-
dustry. Employees may be permitted to work in excess of 40 hours
per week during six weeks in any six months' period of a calendar
year in order to meet seasonal or peak requirements. Such em-
ployees may be permitted to work not more than 48 hours per week
with the proviso that time and one-half shall be paid to any em-
ployee so employed for all hours worked in excess of 40 hours per
week or eight hours per day. Similar provisions are made to meet
the requirements of continuous processes. Office, salaried and other
employees not covered by the above who receive not less than $35.00
per week shall not be permitted to work in excess of 40 hours in
any one week except that they may be permitted to work 48 hours
for one week in any one month period. Watchmen may be per-
mitted to work a maximum of 54 hours per week with one day off
per week. Employees engaged in an executive, managerial or super-
visory capacity who receive not less than $35.00 per week and to
their technical staffs, excluding highly skilled workers engaged in
production, and to outside sales or sales service men, and to those
engaged in emergency repairs or maintenance where the safety of
life or health or the protection of property demands longer hours,
are not subject to hourly limitations.
ArTICLE IV. The minimum wages vary for the several divisions
of the Industry. Although the Industry at the present time is pay-
ing more than the minimums specified in the code, provision has been
made that where the minimum wage per hour in effect in any plant or
establishment of any member of the Industry on May 1st, 1934, was
higher than the minimtun wage per hour as set for this Code, such
minimum wage per hour shall not be reduced except on the ap-
proval of the Administrator. The minimum weekly wage for per-
sons employed in clerical or office work varies from $12.00 to $15.00
per week based on population differentials. The minimum rate of
pay for work performed for any pay period shall apply irrespective
of whether an employee is actually compensated on a time rate,
piece work or other basis. Provision is made for the employment
of handicapped persons. Provision is also made for the adjustment
of wages above the minimum if such adjustment has not been made
prior to June 16, 1933.
Am crI V. Provides that no employer shall employ any person
under 16 years of age and that no person under 18 years of age shall
be employed except in clerical, office, sales, service, technical and
engineering departments. This article also sets forth mandatory
provisions respecting the rights of employees to organize and bargain
collectively. It also provides for matters having to do with reclassi-
fication of employees, standards for safety and health, the observance
of State laws and the posting of complete copies of the labor provi-
sions of this code so that they are accessible to employees.






118


ARTICLE VI. Establishes a Code Authority consisting of eleven
members who are to be truly representative of the Industry, each one
of such members representing one of the commodity divisions of the
Industry. Such representative shall be elected in an equitable man-
ner and such method of election shall be subject to the disapproval
of the Administrator. Provision is also made that no member of
the. Industry shall have more than four representatives on the Code
Authority. Provision is also made that one member of the Industry
may be elected to the Code Authority to represent the members of
Industry who are not members of the association. In addition to the
above membership there may be one and not more than three repre-
sentatives without vote and without compensation from the Industry
to be appointed by the Administrator for such terms as he may
specify. In addition to the organization of the Code Authority the
powers and duties thereof are also outlined in this Article.
ARTICLE VII. Makes provisions for the modification of this Code.
ARTICLE VIII. No provision of this code shall be so applied as
to permit monopolies or monopolistic practices or to eliminate,
oppress or discriminate against small enterprises.
ARTICLE IX. Sets forth the trade practices for the Aluminum
Industry as apply to production and selling of aluminum ingot from
virgin aluminum alone or from virgin aluminum in combination with
scrap which has not left the possession of the producer.
ARTICLE X. Provides that the code shall become effective on the
fifteenth day following its approval by the President.
ARTICLE XI. Provides for termination of the code.
The Deputy Administrator in his final report to me on said code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
Industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by prorhoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating Industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major Industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry, and that said association imposes no inequitable
restrictions on admission to membership therein.






119


(d) The Code is not designed to and will not promote monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, this Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JUNE 26, 1934.


T024%- 6857-154---34---













CODE OF FAIR COMPETITION FOR THE ALUMINUM
INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act this Code is established as a Code of Fair Competition
for the Aluminum Industry, and shall be the standard of fair com-
petition for such Industry and shall be binding upon every member
thereof.
ARTICLE II-DEFINITIONS

Wherever used in this Code or any supplement pertaining thereto,
the terms enumerated in this Article shall have the meanings herein
defined.
(a) "Aluminum Industry (or Industry ") as used herein, in-
cludes any or all operations of the following Commodity Divisions
and the original sale of the products produced or manufactured by
a Member of the Industry either directly or indirectly through
parent, subsidiary and or affiliated company:
1. The mining of bauxite and other aluminum ores.
2. The concentration of aluminum ore and other materials sub-
sidiary to the smelting of aluminum.
3. The production of virgin aluminum.
4. Secondary aluminum. (Approved Code #268.)
5. The production of aluminum plate and sheet of a thickness of
six one-thousandths (.006) of an inch or greater for sale as such to
others.
6. The production of aluminum extruded shapes.
7. The production of aluminum forgings.
8. The production of aluminum tubing, conduit, bar, rod, wire,
cable and other wrought forms and products not otherwise classified.
9. The production of aluminum foil rolled to a thickness of less
than six one-thousandths (.006) of an inch, whether attached or
affixed to other materials or not.
10. The production of aluminum pistons.
11. The production of aluminum bronze powder.
(b) The term "Aluminum as used herein means aluminum and
all alloys in which aluminum is the chief constituent and any
product made therefrom together with any product offered for sale
is Aluminum.
(c) The term Member of the Industry as used herein includes,
but without limitation, any individual, partnership, association,
corporation or other form of enterprise engaged in the Industry,
either as employer or on his or its own behalf.
(120)





121


(d) The term Employee" as used herein means and includes
anyone engaged in the Industry in any capacity, receiving compen-
sation for his services, irrespective of the nature or method of pay-
ment of such compensation, except a member of the Industry.
(e) The term Employer" as used herein includes any one by
whom any such employee is employed or compensated.
(f) The terms President ", "Act ", and "Administrator as used
herein mean, respectively, the President of the United States, Title I
of the National Industrial Recovery Act, and the Administrator for
Industrial Recovery under Title I of the National Industrial Re-
covery Act.
(g) Population, for the purposes of this Code, shall be determined
by reference to the latest Federal census.
(h) The term Southern Section as used herein means and in-
cludes the States of Virginia, North Carolina, South Carolina, Ten-
nessee, Kentucky, Georgia, Florida, Alabama, Mississippi, Louisiana,
Arkansas, Oklahoma., and Texas.
(i) The term Northern Section as used herein means and in-
cludes all of the United States other than those states specified in
paragraph (h).
(j) The term "Association as used herein means the Association
of Manufacturers in the Aluminum Industry.
(k) The term Secretary as used herein means the Executive
Secretary of the Association of Manufacturers in the Aluminum
Industry.
(1) The term "Learner as used herein means an employee with-
out previous experience engaged to become competent on one or more
operations, but. who shall not be so classified after ninety (90) days
employment.
ARTICLE III-HOURS OF LABOR

MAXIMUM HOURS

(a) No employee shall be permitted to work in excess of forty (40)
hours in any one (1) week or more than six (6) days in any seven
(7) day period except as herein otherwise provided. A normal work
day shall not exceed eight (8) hours.

HOURS FOR CLERICAL AND OFFICE EMPLOYEES

(b) No person employed in clerical or office work shall be permit-
ted to work in excess of forty (40) hours in any one (1) week or
more than six (6) days in any seven (7) day period, except that for
one (1) week in a one (1) month period such employee may be per-
mitted to work a maximum of forty-eight (48) hours. A normal
work day shall not exceed eight (8) hours.

EXCEPTIONS AS TO HOURS

(c) The maximum hours fixed in (a) of this Article shall not
apply to employees engaged in emergency maintenance, or emer-
gency repair work, involving breakdown or protection of life or
property; provided that in such special cases one and one-half (1)






122

times the normal wage rate for any employee so employed shall be
paid for all hours worked in excess of forty (40) hours in any
one (1) week, or eight (8) hours per day.
(d) The maximum hours fixed in (a) and (b) in this Article
shall not apply to persons engaged in a managerial, executive,
clerical or supervisory capacity, and to their immediate assistants,
who receive not less than Thirty-Five Dollars ($35.) per week;
and to technical staffs (excluding highly skilled workers engaged
in production) ; and to outside sales or sales service men.
(e) Watchmen shall be permitted to work a maximum of fifty-
four (54) hours per week, with one (1) day off per week.
(f) There may be a tolerance of 10% additional hours over the
maximum hours in any week or the normal work day fixed in (a)
of this Article, for employees engaged in the preparation, care and
maintenance of machinery and production facilities, firemen, engi-
neers, stock and shipping employees and truckmen.
(g) In case of employees engaged in continuous process opera-
tions such employees may be permitted to work on a schedule of
forty-eight (48) hours per week in not. more than two (2) weeks in
any eight (8) week period. When because of an emergency the
continuity of operations is endangered, employees engaged in con-
tinuous process operations may exceed the above maximum hour
provision but in such special cases they shall be paid one and one-
half (11,4) times the normal wage rate for all hours worked in ex-
cess of eight (8) hours in any one (1) day or forty-eight (48) hours
in any one (1) calendar week except that one and one-half (11/2)
times the normal wage rate shall not apply when an employee is
held over because of lack of relief by another employee.
(h) During any period in which a concentrated demand shall place
an unusual and temporary burden for production work upon any
facility of any member of the Industry, or to meet seasonal or peak
requirements, or production emergencies, any employee may be per-
mitted to work not more than forty-eight (48) hours per week in
not more than six (6) weeks in the first six (6) months of the
calendar year, and not more than six (6) weeks in the last six (6)
months of the calendar year; provided, that in such special cases
except as otherwise provided for in this Article, at least one and
one-half (1') times the normal wage rate shall be paid to any
employee so employed for hours worked in excess of forty (40)
hours in any one (1) week or eight (8) hours in any one (1) day.
(i) The maximum hours fixed in (a) of this Article shall not
apply to skilled workers in processes the interruption of which
would unavoidably reduce production because of demands inherent
and peculiar within the process itself, provided, however, such em-
ployees shall not be permitted to work in excess of forty-eight (48)
hours in any one (1) week.
EMPLOYMENT BY SEVERAL EMPLOYERS

(j) No employer shall knowingly permit any employee to work
for any time, which, when totalled with that already performed with
another employer or employers in this Industry or other Industries
exceeds the maximum permitted herein.



.. .:.: "., ,






123


ARTICLE IV-WAGES
(a) Except as otherwise provided herein the minimum wage per
hour that shall be paid in the several commodity divisions of the
Industry shall be as follows:
Where the minimum wage per hour in effect in any plant or estab-
lishment of any Member of the Industry on May 1st, 1934, was higher
than the minimum wage per hour as set by this Code, such minimum
wage per hour shall not be reduced except upon approval of the
Administrator.
1. Bauxite and other aluminum ores: Southern rural section, 300.
2. Aluminum ore concentrates and other operations subsidiary to
the smelting of aluminum: Northern section, 371,4.
3. Virgin aluminum:
Northern section, 371/20.
Southern section, 300.
4. Secondary aluminum: 350.
A code for this Division of the Industry has been approved and
upon the election of the Administrator may be made a supplement
to this Basic Code.
5. Aluminum plate and sheet:
Northern Section, male, 350.
Northern Section, female, 300.
Southern Section, 300.
6. Aluminum extruded shapes:
Northern Section, male, 35o.
Northern Section, female, 300.
7. Aluminum forgings:
Northern Section, male, 350.
Northern Section, female, 300.
8. Aluminum tubing, conduit, bar, rod, wire. cable, etc.:
Northern Section, male, 350.
Northern Section, female, 300.
9. Aluminum foil:
Northern Section, male, 350.
Northern Section, female, 300.
Southern Section, 300.
10. Aluminum pistons:
Northern Section, male, 350.
Northern Section, female, 300.
Southern Section, 300.
11. Aluminum bronze powder:
Northern Section, male, 350.
Northern Section, female, 30W.
Southern Section, 300.
Female employees performing substantially the same work as male
employees shall receive the same rate of pay as male employees, and,
when they displace male employees in substantially the same work
they shall receive the same rate of pay as the men they displace.
The Code Authority shall, within ninety (90) days after the effective
date of this Code, file with the Administration a list of all occupa-
tions in the Industry in which both men and women are employed.
(b) No person employed in clerical or office work shall be paid
less than at the rate of Fifteen Dollars ($15.00) per week of forty






124


(40) hours in any city of over 500,000 population, or in the imme-
iate trade area of such city; nor less than at the rate of Fourteen
Dollars and Fifty Cents ($14.50) per week in any city between
250,000 and 500,000 population, or in the immediate trade area of
such city; nor less than at the rate of Fourteen Dollars ($14.00) per
week in any city between 2,500 and 250,000 population, or in the
immediate trade area of such city; nor less than a the rate of Twelve
Dollars ($12.00) per week in places of less than 2,500 population.
(c) Office boys and girls may be paid a minimum wage of eighty
per cent (80%) of the established minimum rate for office employees;
provided, however, they shall be paid at a rate of not less than Ten
Dollars ($10.00) per week. Such office boys and girls shall be limited
to five per cent (5%) of the total number of office employees in any
given establishment; provided, however, that each establishment is
entitled to employ at least one (1) such employee.
(d) Learners may be paid not less than eighty per cent (80%)
of the minimum wage schedule, and the total number of such learners
shall not exceed five per cent (5%) of the total number of employees.
The learning period for any employee shall not exceed ninety (90)
days.
(e) A person whose earning capacity is limited because of age,
physical or mental handicap or other infirmity, may be employed
on light work at a wage below the minimum established by this
Code if the employer obtains from the State Authority, designated
by the United States Department of Labor, a certificate authorizing
such person's employment at such wages and for such hours as shall
be stated in the certificate. Such Authority shall be guided by the
instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
showing the wages paid to and the maximum hours of work for
such employee.
(f) The established minimum rate of pay as set forth in Article
IV (a) for the work performed in any pay period shall apply irre-
spective of whether an employee is actually compensated on a time
rate, piece work, or other basis.
(g) Unless a readjustment has already been made since June 16,
1933, equitable adjustments shall be made within thirty (30) days
after the effective date of this Code in the wage schedule of all
employees. Such equitable adjustments shall mean that differentials
existing prior to the effective date of this Code shall not be reduced.
In making such equitable adjustment no wage schedule shall be
reduced. -Vithin sixty (60) days after the effective date of this
Code each member shall report to the Code Authority all such
adjustments.
ARTICLE V-GENERAL LABOR PROVISIONs
(a) Child Labor.-On and after the effective date of this Code
no person under eighteen (18) years of age shall be employed in the
Industry except in clerical, office, sales, service, technical and engi-
neering departments, and no person under sixteen (16) years of
age shall be employed in any capacity. In any State an employer
shall be deemed to have complied with this provision as to age if






125


he shall have on file a certificate or permit duly signed by the
authority in such State empowered to issue employment or age cer-
tificates or permits showing that the employee is of the required age.
(b) Provisions from the Act.-In compliance with Section 7 (a) of
the Act it is provided:
(1) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(2) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(3) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
(c) Reclassification of Employees.-No employer shall reclassify
employees or duties or occupations performed or engage in any other
subterfuge for the purpose of defeating the purposes or provisions of
the Act or of this Code.
(d) Standards for Safety and Health.-Every employer shall pro-
vide for the safety and health of his employees at the place and
during the hours of their employment. Standards for safety and
health for each division of this Industry shall be submitted by the
Code Authority to the Administrator for approval within six (6)
months after the effective date of the supplemental code for such
Division.
(e) State Lawa.-No provision in this Code shall supersede any
State or Federal law which imposes on employers more stringent re-
quirements as to age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or insurance,
or fire protection, than are imposed by this Code.
(f) Po8ting.-All employers shall keep posted complete copies
of the labor provisions of this Code and all amendments thereto in
conspicuous places accessible to employees and shall comply with
all rules and regulations relative to posting which may from time
to time be prescribed by the Administrator.
ARTICLE VI-ORGANIZATION, POWERS AND DUT'S OF THE CODn
AUTHORITY

1. A Code Authority, which shall be truly representative of the
Industry, is hereby constituted to administer this Code. Such Code
Authority shall be a body incorporated not for profit, to be known
as Aluminum Code Authority Incorporated, and shall consist of:
(a) Eleven individuals, each one of whom shall be connected with
a member of the Association and shall represent a Commodity Divi-
sion. Each Commodity Division shall elect in an equitable manner,
which manner shall be subject to disapproval by the Administrator,
its own representative except that the representative of Secondary
Aluminum shall be elected by the Aluminum Research Institute. No





126


member of the Industry shall have more than four (4) representa-
tives on the Code Authority.
(b) One member who may be elected to represent the members
of the Industry not members of the Association.
(c) The executive secretary of the association, not a member of
the Industry, shall be the executive secretary of the Code Author-
ity, without vote.
2. In addition to the membership as above provided there may
be a representative or representatives, but in no case to exceed three
(3) appointed by the Administrator to serve without vote and with-
out compensation from the Industry for such terms as he may
specify.
3. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hear-
mgs as he may deem proper, and thereafter, if he shall find that
the Code Authority is not truly representative, or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
4. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall,
(1), impose no inequitable restrictions on membership, and (2), sub-
mit to the Administrator true copies of its Articles of Association,
By-Laws, Regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effec-
tuate the purposes of the Act.
5. The Code Authority may from time to time appoint such sub-
committees or designate such agencies, and may delegate to any
of them such of its powers and duties, as it shall deem necessary
or proper in order to effectuate the provisions and purposes of this
Code, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such sub-
committee or agency shall at all times be subject to and shall com-
ply with the provisions of this Code.
6. The Code Authority may adopt By-Laws and Rules and Regula-
tions for its procedure.
7. Each Commodity Division may separately prepare a supple-
mental Code of Fair Competition or any amendments thereto, cover-
ing the division and the Code Authority shall receive such supple-
mental code or amendments and present same for approval of the
President. Neither the Association nor any of the other Commodity
Divisions thereof shall have any voice in the preparation of such
Supplemental codes or such amendments.
8. Each member of the Industry shall furnish to the Secretary
of the Code Authority duly certified reports as necessary for the
proper administration of this Code, at such time and in such form
as may be specified by the Code Authority. Failure to furnish
such reports shall be deemed a violation of this Code. Nothing in
this Code shall relieve any member of the Industry from any exist-
ing obligation to furnish reports to any governmental agency.
9. A Commodity Division within the Industry having an approved
supplemental Code of Fair Competition applying to it, may, if its





127


Supplemental Code so provides, collect such statistics as referred
to in the preceding paragraph and submit them in compiled form
to the Code Authority.
10. Any and all information furnished to the Secretary of the
Code Authority unless otherwise specified by the furnishers thereof
shall be confidential and shall be divulged to no one except to mem-
bers of the Code Authority and then only in such summary, or coded
form as will not disclose the private affairs of any member.
11. Any member of the Industry subject to the jurisdiction of this
Code and receiving the benefits of the activities of the Code Author-
ity shall pay to the Code Authority its equitable proportionate share
of the expense of administering this Code.
12. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
including the selection of any officer, agent or employee of the Code
Authority, be liable to anyone for any action or omission to act
under this Code except for his own wilful misfeasance or nonfeasance.
13. If any action of the Code Authority, or any agency thereof
is unfair or unjust or contrary to the public interest, and it is shown
to the Administrator that a prima facie case of inequity is resulting
therefrom, the Administrator may require the Code Authority to
show cause, within fifteen (15) days, why its action should not be
suspended, pending investigation. The Code Authority shall, within
said fifteen (15) day period, present to the Administrator evidence,
either in written or verbal form, in support of its action. Thereafter,
if the Administrator is of the opinion that such inequity exists, he
may suspend such action of the Code Authority pending his approval
or disapproval of such action after such further investigation as the
Administrator or the Code Authority deems necessary or advisable.

ARTICLE VII-CANCELLTION OR MODIFICATION
(a) This Code and all provisions hereof are expressly made sub-
ject to the right of the President, in accordance with Section 10 (b)
of Title I of the National Industrial Recovery Act, from time to time
to cancel or modify any order, approval, license, rule, or regulation
as provided in Title I of said Act, and specifically to the right of
the President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
(b) This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based on application to the Administrator
by the Code Authority or any representative group within the In-
dustry in the event of failure to act, on the part of the Code Au-
thority. Such modification to become effective upon approval of
the Administrator after such notice and hearings as he shall specify,
provided that nothing contained in this section, shall be construed
to prevent any affected party from petitioning the President to exer-
cise his powers in accordance with Section 10 (b) of the Act and
Section (a) of this Article.






128

ARTICLE VIII-MONOPOLIES, ETC.

1. No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices or to eliminate, oppress or dis-
criminate against small enterprises.

ARTICLE IX-TRADE PRACTICES

No member of the Aluminum Industry who produces aluminum
ingot from virgin aluminum alone, or from virgin aluminum in
combination with scrap which has not left his possession shall dis-
criminate under like conditions in the prices charged for such ingot
(whether charged to himself in case of fabrication prior to sale, or
charged to others, in case of sale for fabrication) either between
himself and controlled companies on the one hand and other pur-
chasers on the other hand; or between such other purchasers. Such
ingot to the extent it is available shall be sold to anyone whose
credit warrants. Provided, that nothing herein contained shall be
construed to prohibit such member from meeting prices quoted for
imported aluminum in any specilec instance which shall be reported
to the Secretary of the Code Authority within ten (10) days after
a sale or quotation by such member at such a price, together with
a statement that such price was made for the purpose of meeting
such competition. Provided, further, that nothing in this Article
shall impose any liability on such member by reason of quotations
or sales made without intent to discriminate or made to meet foreign
prices believed in good faith to have been quoted.
2. The provisions of this Article shall not be subverted or evaded
directly or indirectly, by any manufacturer resorting to special trade
allowances, secret rebates, dealing with subsidiaries or controlled
companies in this country or abroad, special allowances for scrap or
materials returned, inordinate cash discounts, or subterfuges of any
kind. Reports and data pertinent to the administration of this
Article shall be furnished the Administrator on request, and any
complaints of noncompliance may be referred to the Code Authority
for consideration and appropriate action.
3. The (ode Authority shall study the operation of this Article
and not later than six (6) months from the effective date shall'report
fully to the Administrator the results of such study. At the ter-
mination of such six (6) months period the Code Authority, or if
the Code Authority refuses to act, any affected party may recom-
mend to the Administrator amendments to this Article which shall
become effective, upon approval by the Administrator, after notice
and public hearing, provided, however, that nothing in this para-
graph contained shall be construed to prevent the Code Authority
or any representative group, at any time, proposing amendments to
this or any other provisions of this code in accordance with Article
VII, Section (b).
ARTICLE X-EFFECTIVE DATE

This Code shall become effective on the fifteenth day following its
approval by the President.





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129


ARTICLE XI-TERMINATION

All provisions of this Code and any modifications thereof shall
cease to be in effect after June 16, 1935, or sooner, if the President
shall by proclamation or the Congress shall by joint resolution
declare that the emergency recognized by Section I of the Act has
ended.
Approved Code No. 470.
Registry No. 1203-04.

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