Price 5 Fents
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 26, 1933
REGISTRY No. 1115 "5
The Code for the Non-Ferrous Foundry Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
~NrV~~P F CIII~WE DO OUR PART
U.S. rEPglTrY~ BTATES
GOVERNMENT PRINTING OFFIiCE
WASHINGTON : 1933
16rP indle I1g the Superilntendent of Doumnents, Washington, D.C. ------
CODE OF FAIR COMPETITION AND TRADE PRACTICES
FOR THE NON-FERROUS FOUNDRY INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions ar~e established as a code of
fair competition for the Non-Ferrous Foundry Industry.
1. DEFINITION or TERMS
The t~ermns used in this code are dlefinled as follows:
(a) The term th~e Industry means and includes tihe business of
producing nonferrous castings. The industry embraces two main
groups of castings which are "' M~iscellaneous Non-Ferrous Castings "
and "L Specialty Non-Ferrous Castings."
(b) The term "~ Non-Ferrous Castingas means castings made from
aluminum, antimony, bismuth,, cadlmium, cobalt, copper, lead,
magnesium, nickel, tin, zinc, and their alloys containing less than
fifty per centum (507}') of iron, produced by any process.
(c) The term "' M~iscellaneous Non-Ferrous Cattings means that
group of nonferrous castings produced by foundries to the order
of the buyers from the buyers' designs and specifications.
(d) The term Specialty Non-Ferrous Castings means that
group of cast nonferrous products designed and engineered by the
foundry companies producing them, produced from patterns and/or
other production equipment. belongings t~o the producer.
(e) The term Employer as used herein shall include every
person engaged in the manufacture for use or for sale of the products
of the Industry as herein defined: Pr~ovided, however, That organiza-
tion orgrops f eploers representing a substantial part of anly
branch or subdivision of h nutymyb xmtdb h
Administrator from the provisions of this Code as provided for
(f) The termi the A4ssociation means Non-Ferrous Foundry
Association for Industrial Recovery.
(g) The termi the Board of Directors means the Board of
Directors of the "' Association."
(h) The term "L Employees means those persons employed by
an "L employer in the "' Industry."
2. GENERAL PROVISIONS
(a) Any employer may participate in this code and in anyT re-
visions or additions thereto and receive the benefits thereof by
accepting the proper pro rata share of the cost and responsibility
of creating and administering it, either by becoming a member of
the Association or by paying to It an amount equal to the amounts
from time to time provided to be paid by a member in like situa-
tion of the Association.
(b) This Code is intended to be a Basic Code and to cover the
entire Indlustry~. It is understood, however, that. groups of M~anu-
fa1ctulrers rpreseP;nting. a substantial partL of any specific product or
process w-ithin t~he: Indlustry may! formulate a supplementary Code
of Fair Competition, dlefininlg specifically its process or product
andl covering such additional regulations as it considers adlvisable.
These regulations, however, shall conform to t~he principles of the
Basic Code. Such codes when approved by the Presid-ent of the
United States shall have the same force and effect as the Basic Code.
(c) It is further undlerstoodl that if at any timie any clearly
identified group included under th~e Basic C~ode, wishes to function
outside the Basic C'ode, it enn submit a separate code defining and
covering its specific industry. Such a code when approved by the
President of the United States shall have the samne force andl effect
as any code.
3j. GENERAL REGrLATIONS
~eln~bers of the Industr~y will complly with th~e following specific
(a) That employees shall have the right to organize andl 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 collect~ive bargraining or other mutual aid or protection.
(b:) That no emnployee andl no one seeking employment shall be
required as a condition of emiployrment to join any company union
or to refrain from joinmng, organizing or assisting a labor organiza-
tion of hiis own choosing; and
(c) That. employers shall comply with the maximlum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
5. The employers in the industry may continue the policy under
which the selection, retention and advancement of employees will be
on the basis of individual merit without regard to their affiliation
or nonaffiliation with any labor or other organization.
5. REGULATIONS OF HOUTRS OF WOORK.
(a) No employer shall cause or permit any employee to work in
excess of an avernage of for~ty hours per week in any six-month period.
(b) After the date of the employment by any employer of any
employee, such employer shall not permit such employee who shall
also have performed work for one or more other employers, to work
for such employer such number of hours as would result in a viola-
tion of the code had all such work been performed for such employer.
(c) The manxilmnum hours fixed in the foregoing paragraph (a)
of this section shall not apply in the case of emergencies or where
the safety of the men or the protection or preservation of the prop-
erty necessitates longer hours, nor to employees who are acting
primarily in a managerial, sales, or executive capacity, nor to tech-
nical workers, nor to emergency maintenance nor repair~ workers,
nor to watchmen and employees who, by reason of old age or in-
firmities, are not engaged in productive labor, nor to, vcry special
cases where restrictions of hours of highly skilled workers would
unavoidably reduce production.
6. MiINranwar TVAGE RATES
Inasmuch as living conditions differ between sections of t~he coun-
try, two Iminimum wage scales shall be provided as follows:
(a) For all States of the Unitedl States except N~orthl Carolina,
South Carolina, Georgia, Flor~ida, Alabamna, Tenniessee~, Arkanlsa~s,
M~ississippi. Louisiana, Oklahoma, andt Texas, hiereinafteri dlesignated.
The minimum hourly wage in the North shall be:
Ma~le__ ______ -__-_____ __ ________3 cleuts per hour.
Fe~male __ __- --- ---- --- ----- ---- 30 cents per hour.
(b) The ab~ove minimum wage shall not, in any way! be considieredc
as a discrimination by reason of sex, anld where inl any! casc females
do substantially the samne work, or p~erf'orml substantially the samie
duties as meni, theyr shall re~ceive the samle amount of wnges as menri
receive for doings suclh work or npeforminngr such dluties.
(c) For North Car~olina, Southl Carolinla. Geor~in,, Floriia. Ala-
boma, Tennessee, Arkansas, Mlississippi, Louisiana, Oklahomn. and
Texas, hereinafter designat.edl South~."
The minimum hourly wage in the South~ shall be 30. cetils per1 hoiur
(d) T'he minimum rates of payS for worke~s on piece ~or~k or
contract. basis hall not. be less than thc miiiinimum h~ourly rates of
this schedule. Learners may~ bje paid not less than 8002. of such
minimum wage but the total amount paidi to such learners shanll
not exceed in any enlendlar month fiv-e p~ercentum (59-~) of th~e total
wages paid to all labor of such employer.
(e) The pr~ovisions as to minimnumi rates of p~ay per hiour shIall
not, affect those employees who, b~y reason of' old age or infirmlities,
are not engaged in productive labor. except that the hourly rates
now paid such employees shall not be less than that paid for thiat
class of employees on July 15, 1929.
(f) On and after the effective dante, the minimum w\age that shall
be paid by any employer to all other employees except commission
sales people, shall be not, less than $15.00 per week in any city of
over 500,000 population, or in the immed~iate trade area of suchi
city; nor less than $14.50 per week in any eityr of between 250,U000-
and 500,000 population, or in the imnmediatte tr~ade ar~ea of such city;
nor less than $14.50 per. week in any3 city of between 2,500 and
250,000 population, or in the immediate trade area of such city;
and in towns of less than 2,500 population, to increase all wages
by not less than 20%, provided that this shall not require wages
in excess of $12.00 per weekr.
7. PnoH~IBITION OF CHILD LABOR
On~and after the effective date of this code, employers shall not
employ any person under the age of sixteen (16) years.
(a) To effectuate the policies of the Act, the Board of Directors of
the Non-Ferrous Foundry Association for Indlust~rial Recovery, to-
gether with such members, without vote, as may be appointed by the
President of the United States, shall be the administrative agency
charged with the enforcement of and shall have full power and au-
thority to administer the provisions of this Code; it may adopt
rules and regulations for the orderly presentation and adjustment
of complaints and it shall have power to require from time to time
such reports fromt the industry as may be required by the Adminis-
trator and as may be necessary to adequately advise on the admin-
istration and enforcement of the provisions of this Code and to
-enable it to furnish such information as may be required from time
to t~ime by t~he President of the United States or the National Re-
covery A'dministration and, generally,? shall be constituted as t~he
agency for the purposes of carrying out the provisions and pur-
poses of Title 1 of the National Industrial Recovery Act and the
rules andl regulations madle pursuant thereto and for the formulation,
with the approval of the President of thle United States, of such;
fur~ther Code provisions as mnay be necessary to insure fair compe-
tition and effectuate the provisions of the Act. Siuch agency may
delegate to such agents and employees as may be necessary to carry
on its wor~k, such of its powers and duties as it may from time to
time determine. Alll statistical data filed shall be confidential and
the: data of one mem-ber of the industry shall not be revealed to any
other memnber of the industry. The Execut~ive Secretary or his duly
authorized representatives n~ot members of the industry, shall have
access to any3 and all statistical data that may be furnished, but only
for theP purposenS of administeringn o or enforcing the provisions of this
(b) Any participant under this code may propose amendments
thereto which, if approved by administrative agency of the subdivi-
sion or process classification concerned, and by a majority vote of the
Board of Directors, shall be submitted to t~he President of the United
States, and if approved by him shall become effective.
(c) Pursuant to subsection (b) of Section 10 of the National
Industrial Recovery 'Act, the President of the United States may,
fromt time to timie, cancel or modify any order, approval, license,
rule, or regulation issued under Title I of said Act, and specifically
the President of the United States m~ay cancel or modify his ap-
provral of the Code or any conditions imposed by him ulpon his
9. UNeaIR METHODS OF COMPETITION
To accomplish the purpose contemplated by this Act, the members
of the industry agree that the following practices are unfair methods
-of competition insofar as they relate to the production and/or sale of
Miscellaneous Sand Castings, Permanent M~old Castings, and Blast-
Furnace Castings, and subject to the penalties provided iti the
National Industrial Recovery Act:
(a) Violation of any of the provisions of this code or amenld-
ments thereto or of any of the rules andi regulations established
(b) To give, or permit to be given, to agents or employees or-
representatives of customers, or agents, employees, or repr~esenta-
tives of competitors or of prospective customers, money, or any-
thing of value, to induce them to influence their employers, or prmn-
cipals, to purchase or contract to purchase products of this Industry,
or to influence such employers or principals to refrain from con-
tracting with competitors.
(c) Undertakee to do work or furnish castings on terms other
than those set forth in the contract between the parties.
(d) W~ithholding from, or inserting in any invoice, words or figa-
ures which make or tend to make such invoice a false record, wholly
or in part, of the transaction rpeetdo h aeteef n
of te pymen oralloanc ofsecret rebates, refunds, credits,
unearned discounts, whether in the form of money or otherwise;
or the extension to certain purchasers of prices, services, or prir-
ilge not extended to all purchasers under like conditions.
()Purch-ase from customers goods, scrap, borings, and~/or serl--
ices at prices higher than the market for the purpose of influencing
or inducing the purchase of nonfer-rous castings.
(f) Absorb all or any part of the mlachining cost of castings sold
as machined castings.
(g) Enter into quantity contracts with buyers without obligations
on their part to take delivery' of the quantities specified in t.he con-
tract or on the quotation, for the purpose of giving special un-
(h) Accept requirements contracts without a specific minimum
which shall not be less than 7.5% of the maximumn and without
specifying a time limit., except where such contracts permit of a
price adjustment on dlate of release of quantities under thle contract.
(i) To defame or disparage a comlpet~itor directly or indirectly,.
by words or acts, which untruthfully impugn his business integrity,
his ability to keep his contracts, his credit standings, or the quality of
his products; or marking, branding, labelling products and maktingr
statements regarding products, the purpose or effect of which may be-
misle~ading or tend to deceive purchasers as to the quantity, quality,.
grade, or substance of the goods purchased.
(j) Interfere with the business of a member of the Industry,.
through the enticement of employees from his employ.
(k) Cancel in whole or in part or voluntarily permit the cancel-
lation in whole or in part of any contract of sale of any product, ex-
cept for a fair consideration which consideration shall include any
expense incurred prior to acceptance of cancellation and any differ-
ence due to a decline in metal market prices between date of order and
date cancellation is requested.
(1) Make any sale or contract of sale of any product of any descrip-
tion guaranteeing against a. metal market decline.
(m) Make any sale or contract of sale of any castings below cost
as determined by a system of costing, acceptable to the ASSOCIA-
TIO)N. which shall arrive at total costs:
UNIVERSITY OF FLORIDA
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(1) ByI using curr~ent. market prices for met~al as on date of quota- :r
(2)3. By making due allowance for loss or shrinkage of metal durin~
(3) By including proper charges for melt~inga. molding, core mtdsk~
ing, and cleaning, finishing, inspecting, pakn gshppng ad ra
portation wFhere freight. is allowed.
(4) By including proper atllowance for supervision, overhead; and :
supplies, general and a.dmnin~istrat~ive expense, sales and a.dvertiising:::~~~~~:::::
expense, and bad accounts. 'E".!
(5) By including proper charges for depreciattion and for main-
tenance andi upkeep of plant. and equipment.
(6) No provlision of this section (m) shall be so construed a 'to':
hinder the development of newr uses. rt.ai
(n) Gural~nteeingr the life or service of a nonferrous casting. ;,.:
(0) Quote a. flat price per pounds for a variety of castings orfe~ wide ;
varying weight and~/or intricacy.
-,--(p) A~bsorb t~he cost of patterns, dies, permanent molds, fol
gauges, core driers, or any special equipment. mn the casting p
and,/or charge for such equipment at less than its actual cost! includ-
ing direct labor, full overhead, materials, and supplies.
(q) Mlake chemical analyses and /or physical tests specified by :thp5
purchaser without making an additional charge to cover entire cost
of suchl test specimens and test~s. .;
(r) To bill on any basis other than actual weights though~ qot~a-t
tions may be on estimated wveigahts.
10. This code shall become effective on the first Monday afterib ih :
approval by the President of the United States. ??I.:li .