Approved Code No. 555 Registry No. 1224-1--Cl
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 26, 1935
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Approved Code No. 555
Registry No. 1224-1-01
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Approved Code No. 555
CODE OF FAIR COMPETITION
As Approved on March 26, 1935
APPROVING CODE OF FAIR COMPETITION FOR THE ZINC 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 Zinc Industry, and hearings having been
duly held thereon and the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate
by reference said annexed report and does find that said Code com-
plies in all respects with the pertinent provisions and will promote
the policy and purposes of said Title of said Act; and does hereby
order that said Code of Fair Competition be and it is hereby ap-
proved, subject, however, to the following conditions:
(1) The provisions of Article III, Section 1, and provisions re-
lated thereto, insofar as they permit of averaging, shall remain in
force and effect for a period of sixty (60) days beginning with the
effective date of this Code. At the expiration of said sixty (60)
day period the aforesaid averaging provisions shall be automatically
stayed and the Code amended by a subsequent Order to eliminate
the said averaging provisions, or the said averaging provisions shall
be superseded by appropriate provisions submitted by the Code
Authority which shall conform to established Administration policy,
unless good cause is shown by the Code Authority before the termi-
nation of said period for a continuation of the aforesaid averaging
provisions in their present form, or with modifications thereof.
(2) The impartial investigator referred to in Subparagraph (a)
of Section 1 of Article III shall review conditions in the Mississippi
Valley, Southern, and Southwestern Districts of the Mining Divi-
sion of the Industry for the purpose of reporting to the Board
within ninety (90) days from the effective date of this Code, the
amount of adjustment of Code wages (not in excess of recommenda-
tions of the Labor Advisory Board-thirty-five cents (350) per hour
above ground and forty cents (40) per hour underground) possible
in said Districts in order to effectuate the policies of Title I of the
Act; and that the Board after reviewing said report and consult-
ing with all interests concerned, may modify the minimum Code
wage provisions for said Districts of said Mining Division, as it may
deem necessary upon the basis of said report.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIS,
WASHINGTON, D. C.,
March 26, 1935.
REPORT TO THE PRESIDENT
The White House,
Sm: The original Code for the Zinc Industry was submitted on
October 10, 1933, by the American Zinc Institute, Incorporated
organized in 1918, representing over 95% of the known members o?
Industry and 95% of volume of production. Several revisions of
the Code were made prior to the public hearing which was held
on December 8, 1933. This Code was revised during the recess of this
hearing and was submitted in its present form for approval. Every
person who requested an appearance was properly heard in accord-
ance with statutory and regulatory requirements.
The Zinc Industry includes the mining, concentrating and smelt-
ing of zinc bearing ores and materials, and the primary steps in the
fabrication into metallic zinc products and zinc pigments and the
original sale of industry products.
Although zinc is one of the most widely applied and useful of
the base metals its development, as an industrial material is of com-
paratively recent origin in the United States, and while known to
the ancients for centuries it was not until about 1800 that the smelt-
ing of zinc was successfully started in Europe and it was not until
1860 that it was produced commercially in the United States to the
extent of about 800 short tons. From this humble beginning the
Industry reached peaks of 670,000 and 625,000 short tons respec-
tively in 1917 and 1929.
The first mining of zinc ores was carried out in the Eastern States,
and even today New Jersey, New York, Virginia and Tennessee are
In the mining of lead ores in the upper Missi-sippi Valley, in
Wisconsin and Illinois the occurrence of zinc ores was found in the
same deposits and lead to the development of a zinc smelting industry
in the proximity of the Illinois and Indiana coal fields. Subse-
quently the extensive zinc deposits of Joplin, or the Tri-State region
located in the adjoining corners of Missouri, Kansas and Oklahoma,
were discovered. Production from this region developed rapidly
and for a considerable time after 1905 produced approximately 50%
of the zinc in the United States. During the World War extensive
deposits were discovered in the western section of this region with
the result that Oklahoma has recently become the leading zinc pro-
ducing state. The ores in this Tri-State region, usually occurring
at depths of 150 to 350 feet, are a combination of zinc, and lead
sulphides, and are known as Spahlerites" "Blende" or "Galena"
and yield about six parts of zinc to one part of lead; the combined
metal contents of the ores being about 5% of the ores mined. These
ores, after being mined, are crushed and ground preliminary to sepa-
ration of the metallic values from the gangue and the selective sepa-
ration of the zinc and lead values by flotation. The zinc concentrates
so produced contain about 60% metallic zinc. Due to metallurgical
losses incidental to smelting and refining, about two tons of concen-
trates are required to produce one ton of slab zinc. These concen-
trates are either shipped to smelters located East of the Mississippi
River in the proximity of coal fields, or to Oklahoma, Arkansas,
Kansas and Texas in the proximity of natural gas fields.
Zinc ores in the Western Mountain States occur in vein and replace-
ment deposits, usually at greater depths than in the Tri-State area
and are mined at greater costs than in the Tri-State region. Large
reserves of zinc have long been known to be present in the so-called
"complex ores of many mining districts, but until the past decade
no practical means of recovering the zinc had been developed. These
complex ores consist of an intimate combination of zinc, lead and
iron sulphides and in some cases zinc, copper and iron sulphides, and
also containing small but valuable quantities of silver and gold.
The zinc is not sufficiently high to permit these ores to be treated
directly by a zinc smelter, and on the other hand it interferes with
the recovery of the remaining metals by a lead or copper smelter.
Certain of these ores in which the zinc content was too high were
treated by custom smelters, it, however, being necessary to slag
off the zinc, a costly operation for which the smelter had to charge
the miner a heavy penalty.
The recent development of selective flotation changed this whole
situation. In this process the complex ores are ground extremely fine
so as to separate the individual mineral particles, and the lead, zinc
and iron minerals are then floated off successively thus producing
separate concentrates of lead and of zinc which can readily be
trea ted at the respective smelters. Through this means not only was
the zinc in many western mines transformed from a penalty con-
stituent to one of value, but many ore bodies which had had no com-
mercial value became amenable to treatment and began to produce
large quantities of both lead and zinc.
Of the 12,800 people employed in zinc mining and milling in 1929
about 67? of the total were employed underground. By regions
about 3,000 were employed in the Mountain States, 8,000 in the Mis-
sissippi Valley States, including the Tri-State area, and about 2,000
in the Eastern States.
Smelters for the production of metallic zinc or manufacturing of
zinc pigments are seldom, if ever, located near the mines due to the
fact that the deposits of coal and natural gas, both of which are
so necessary for the reduction of zinc ores, are located in areas other
than where the zinc deposits are located. The market for metallic
zinc and sulphuric acid (a by-product from the zinc ore roasting
operations) is also a determining factor in the economic selection
of sites for smelter operations. It is also cheaper to transport the
raw concentrates (in terms of pounds of recoverable metal) by rail
to the far distant smelters than to produce the metal at the mine and
ship by rail.
The methods of smelting or extracting zinc from its ores and con-
centrates are quite different from those employed for other base
metals. Instead of being produced in large furnaces in which the
metal is formed in the molten state and tapped, as is the case in
iron, copper and lead, zinc is produced by distillation and subsequent
condensation of the metallic vapor or by dissolving the zinc values
in sulphuric acid and then recovering the zinc values from the solu-
tion, or electrolyte, by electrolysis. In the distillation process, of
which there are about twenty plants in the United States, the ore,
or concentrate, is first roasted to burn off the sulphur (the sulphur-
ous gases being utilized in the making of sulphuric acid) and to
convert the zinc into the form of zinc oxide. The roasted product
is then mixed with finely divided coal and is charged into small
cylindrical refractory retorts which are arranged in horizontal tiers
in a furnace which was fired either by natural gas or producer gas.
By those metallurgical operations the zinc oxide is reduced to metal-
lic zinc at a temperature higher than its boiling point; the zinc
passes off in the form of vapor to a condenser where it is condensed
to liquid form and is then drawn off periodically and cast into slabs
weighing about fifty pounds each. Although the retort furnaces use
a process several centuries old and the process is often looked upon
as being obsolete, nevertheless the recoveries are often as high as at
electrolytic plants. There is, however, a tendency in the United
States towards the lessening of hand labor and hand conveying and
resort to mechanical handling and gravity feed into vertical retorts.
Much time and effort has been spent in the design of furnaces for
the smelting of zinc by a continuous distillation process. About
1915 the electrolytic process of producing metallic zinc was developed
in Montana; subsequently as additional quantities of zinc concen-
trates were made available by selective flotation electrolytic plant
capacities were increased and the Western Mountain States' pro-
duction of slab zinc rose from an inconsequential position to one of
the major zinc producing centers. In 1929 the Western States pro-
duced 33% of the total zinc output of the country, as compared with
43% for the Tri-State District, and 24% for the states east of the
Mississippi River. The electrolytic process is particularly adaptable
where cheap power, usually hydroelectric power, is available and
where there is a scarcity of coal or gas fuel. The price for electric
power must be under .0040 per kwt. hour to compete with retort
furnaces. In this process the zinc content of the roasted ore is
" leached with dilute sulphuric acid. The zinc-bearing solution is
then filtered and purified and the zinc value is recovered from the
solution by electrolysis. The metallic zinc is deposited on the cath-
odes from which it is stripped at regular intervals and then melted
and cast into slabs. The zinc produced by this process is extremely
high grade, the most recent development being the regular zinc
production containing less than 1/100 of 1 per cent impurities.
Not all of the zinc ore mined in the United States is used in the
production of slab zinc-about one-sixth of it is used directly in the
manufacture of certain zinc compounds, namely zinc oxide, lithopone
and various zinc salts. Zinc oxide is usually produced by heating
oxidized ores or concentrates with coal on an iron grate through
which air is blown from underneath. The zinc is thus reduced to
the metallic state and rises as a vapor which is immediately oxidized,
forming a dense white fume which is subsequently filtered for the
production of zinc oxide. This process of production is known as
the American process. Zinc oxide of exceptional purity is also pro-
duced by the French process which consists in the vaporization of
high grade metallic zinc and the subsequent oxidation of the zinc
vapors to form zinc oxide.
Lithopone is an intimate mixture of zinc sulphide and barium
sulphate, produced by chemical precipitation, followed by subse-
quent processing and finds use as a pigment. The principal by-prod-
uct of zinc smelting and oxide manufacture is sulphuric acid, ob-
tained from the sulphur gases produced in roasting zinc concentrates.
In the electrolytic plants a part of this acid is used in leaching the
roasted ore to produce the zinc electrolyte. Large quantities of acid
are also used in converting natural phosphate rock into soluble super-
phosphate for use as an agricultural fertilizer. Sulphuric acid is
also sold to chemical and oil refining industries. Metallic by-prod-
ucts from zinc smelting include lead, silver, gold, copper and
The largest single use for metallic zinc is in the galvanizing indus-
try. Of the 629,000 tons of metallic zinc produced in 1929 290,000
was used in the galvanizing industry. The next outstanding use for
zinc is in the manufacture of brass. In 1929 180,000 tons were used
in the manufacture of brass. Rolled zinc, die castings and other
purposes consumed the balance in almost equal quantities.
The position of the secondary zinc industry occupies a role with
respect to the Zinc Industry quite different than that of the second-
ary metals in the copper and lead industries. Inasmuch as a major
portion of metallic zinc is used in the galvanizing industry that ton-
nage is not recoverable. By the same token another large tonnage is
used in the production of paints and even in the refining of metals
such as brass. Much of the contained zinc is lost through being
burned out and is not recoverable. The secondary production of zinc
is, therefore, well under 20% of the average domestic mine
The history of the Zinc Industry is one of constant shift and change
to position and status, governed by either the demands of progress
or of consuming industry, the location of new deposits and the de-
velopment of new processes of recovery. Eastern production yielded
to the cheap production of oxide deposits of the Mississippi Valley
and the Tri-State area. These latter two areas, especially the Tri-
State area had to yield to the recovery by flotation of zinc values
from the Western Mountain States, as also the discovery of the
electrolytic method of zinc recovery. The Tri-State area is in a
further peculiar position due to the fact that the recovery of ores
from this particular area requires a minimum of mechanization, with
the result that it has been made possible for many people with small
capital to become zinc producers. The majority of these producers
operate on lands leased from the Indians through the Department
of Interior. The requisites of the lease are such that these producers
must operate almost continuously in order to retain their leases.
This condition of almost enforced operation means that many of
these producers in their desire to hold their leases have operated at a
loss due to the fact that their operations were in non-conformity to
the laws of supply and demand. The royalty on private and Indian
lands in the Tri-State district is based on gross value as compared
with net value in the Rocky Mountain States. Contracts for. leases
of both private and Indian lands provide for the payment of royalty
on the gross value of the ore rather than the net, so that the owner,
either private or the government may, and does, often receive very
substantial cash royalties while the lessee loses money. It may be
necessary for the government to give consideration to the question
of modifying the requirements of contracts on leases of Indian lands.
Although the strategic position of the Zinc Industry with refer-
ence to the position of the secondary metal is in far better status
than some of the other base metals, this in a measure, however, may
be offset by some other factors, and due consideration should be given
to a system of control or allocation of production as provided for in
the Code and each such allocation of production must be considered
in the light of local conditions.
The large potential producers of Colorado who have been closed
down since 193'0 and 1931 might wish to reopen. Production in
Idaho, Montana, Utah and Nevada has been greatly curtailed and the
Tri-State area has also been on a curtailed basis. Greater curtailment
must be necessary during 193-4 in order to reduce the excess stocks.
Stati-tics furnished by the American Zinc Institute indicate, how-
ever, that on December 31, 1933 stocks on hand amounted to 105,560
tons, and that on November 30, 1934 there were 116,076 tons on hand,
or an increase of 10,996 tons for the eleven-month period. Some
mines must continue to operate in spite of themselves. The Pecos
mine in New Mexico cannot be closed if it is ever to be reopened again.
Other zinc mines would suffer much damage in being forced to close
permanently. In the imenatiime the zinc mines of the Eastern States
have decreased produi,-tioni only slightly in 1930 and 9l:i and have
an increased output in 1931 over 1932. During the last six months
of 1933 the production from the Quapaw Indian land in Oklahonma
under the supervision of the Department of Interior yielded 209%
of the value of lead and 18% in the Tri-State district zinc output.
In the years 1926 to 1933 Indian lands have produced as high as 32%o
of the total value of the zinc concentrates and in another year as
high as 42% of the total value of the lead conicntrIat,:s from the
Throughout the long history of mining in the United States it
is axiomatic that an operating mine or district is one making oper-
ating expenses, and failure to make expenses means closing down.
Reservations to this axiom are that the operating mine or district
has made money in the past and is now spending its surplus; or has
ore bodies which it hopes to develop into a profit lmanking mine.
The mine production of recoverable zinc by districts and regions
from 1923 to 1933 indicates that the production of 1',:~.:3 could easily
have been made by the combined activities of the Eastern and the
Tri-State districts; or by the Eastern States and the Rocky Moun-
tain Far-Western States combined, or that either combination could
equal and doubtless exceed the production of 1925 and 1926 of
520.000 tons. Knowledge of the ore bodies existing in the zinc
districts of the United States confirms the above deductions. Okla-
homa alone can be said to be the key to the picture; equally rea.-,i-
able deductions would place the key in the Rocky Mountain States
where the situation is complicated by zinc production suppl!imt'itIlld
by the production of lead, silver and gold from complex ore bodies.
The romplex ore bodies are such as to compel mining and milling of
the sulphide minerals of the four metals in one operation and to
prevent segregated mining of only one mineral.
The mine production of recoverable zinc in the United States
has declined from 775,000 short tons in 1926 to 285,000 tons in 1932,
or from 44% of the world production of 27%. In the same period
world production declined from 1,768,000 short tons to 1,074,000
tons, but the corresponding percentage of production of other
countries of the world showed an increase from 56% to 73%. The
major decline in world output occurred in the United States. The
stocks of slab zinc at smelters in years past have been steady at an
average of 26,000 to 30,000 short tons at the end of normal years,
but reached 86,000 tons at the end of 1929 and 167,000 tons at the
end of 1930. It dropped to 144,000 tons at the end of 1931, and to
128,000 tons at the end of 1932, and to 106,000 tons at the end of
1:': To reduce stocks at the end of 1931 to 30,000 tons and assum-
ing an export of about 3,000 tons and a consumption of slab zinc
of 353,000 tons, would mean that slab zinc production should be re-
(dced to 257,000 tons or less than the 1931 and 1933 output.. In
other words even if consumption increased in 1934 over 1933 there
will have to be a curtailment of production to a quantity less than
1931 and if consumption does not increase the curtailment will have
to be even greater.
The tariff of 1922 carried a duty of 11/20 per pound of zinc on
ores containing over 25% zinc and 134 per pound on zinc in blocks,
pigs or slabs, and 20 per pound on zinc in sheet and duties ranging
from 3/4 of one cent to 21/4 per pound on zinc chemicals and zinc
pigments, and protects the United States' Zinc Industry from the
heavy imports of ore from Mexico and Canada. The heavy decrease
of imported ores for smelting under bond and the decrease in the
exports of domestic slab zinc as well as the export of that made
from foreign ores means two separate and distinct losses in source
of revenues to the custom smelter with a corresponding reduction in
capacity and need for labor.
ARTICLE I. States the purpose of the Code.
ARTICLE II. Accurately d.-fint'.i specific term applicable to the
Zinc Indi-tr y as used in this Code.
ARTICLE III. The maximum hours are limited to 40 hours per
week a\ovr:tid over three month periods, such periods to be the regu-
lar (quarterly periods of each year, and eight hours in any 24 hour
period except as otherwi-e provided for. Provision is made that
employers shall report to the Code Authority at the end of each
quarter such detailed information as may be require,' by it or by the
Administrator indie' ting how the averaigilng provision has been
applied. The Administrator, at his discretion, may appoint an
impartial investigator to review conditions in the InidAtry concern-
ing the averaging provision. The eight hour provision for the Miin-
ing Division in ,-:ichv state shall be in acconraiice with the laws of the
state pertaining to the eight hour day for mining operations.
ARTICLE IV. The minimum \\:iages for employees vnry from 3071
per hour to 471' (< per hour arcrliiiir to geographicl and divi-ional
require n miiit. No person in cleric; I or office work shnll be paid less
than $15.00 per week except that office boys and girls and ine.-eniglers
and liiliaortoiry boys may be paid 80'~; of the established, minimum
for office employee,. The minimum rate of pay for work performed
for any pay period shall apply irre-p..cctive of whether an employee
is actually compensated on a time rate, piece or other basis. Provi-
sion is also made for the employment of handicapped persons. Pro-
vision is also in:de for the adjustmllentt of wages above the minimum.
ARTICLE 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 bar-
gain collectively. It also has to do with reclassification of em-
ployees, standards for safety and health, the observance of state
laws and the posting of complete copies of this Code so that they
are accessible to employees.
ARTICLE VI. Establishes a Code Authority consisting of six vot-
ing members, five of which shall be selected from the members of
the Executive Committee of the American Zinc Institute, Inc., and
one of such voting members shall be elected by the memcbe.rs of In-
dustry who are not members of the Zinc Institute, Inc. In addition
to the organization of the Code Authority, the powers and duties
are also outlined in this Article.
ARTICLE VII. Makes provision for the siiblic-ion of reports in
addition to those required under Section 3 (a) of the Act.
ARTICLr VIII. No provision of this Code relating to terms of
selling, shipping or marketing shall apply to export trade or sales
or shipments for export trade.
ARTICLE IX. Makes provision for the application of this Code to
operations wherein other metals than zinc are produced.
ARTIcLE X. Makes provision for modification of this Code either
by the President, in accordance with the provisions of Sub-:.tion
(b) of Section 10 of the Act, or with the consent of Industry and
the approval of the Board, or upon proposal by any interested party,
or by the Code Authority, or directly by or to the Board.
ARTICLE XI. No provision of this Code shall be applied to promote
monopolies or monopolistic practices or to eliminate, oppress or dis-
cri in ate against small enterprises.
ARTICLE XII. Makes provision for the termination of this Coae- on
June 16, 1935, or on the earliest date prior thereto on which the
President shall, by proclamation or agreement or joint resolution,
declare that the emergency recognized by Title I of the Act has
ARTI. LE XIII. MIakei provision that the Code shall become effec-
tive on the second Monday after its approval by the President.
ARTICLE XIV. Make(s provision that by the presentation of this
Code those a.-leting thereto do not con-ent to any modfi:;.-tion
The Deputy Administrator in his final report to us on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
We 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 In-
dustry 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 supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increa-ing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving uneiiplloyment, 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 the Board 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 re-
strictions on admission to membership therein.
(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
For these reasons, therefore, this Code, subject to the stays of the
specific provisions as set forth in the Order of Approval, has been
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Ad (,in ;.l/rative Officer.
M.AncH 26, 1935.
CODE OF FAIR COMPETITION FOR THE ZINC INDUSTRY
To effect the policies of Title I of the National Industrial Recov-
ery Act this Code is established as a Code of Fair Competition for
the Zinc Industry, and its provisions shall be the standards of fair
competition for such Industry and be binding upon every member
ARTICLE II-D i]: i N ITI, N S
Wherever used in this Code or any supplement appertaining
thereto, the terms enumerated in this Article II shall have the
mennings herein defined, unless the context shall otlnit i.-e clearly
SECTION 1. The term President" means the President of the
United States of America.
SECTION 2. The term "Act" means Title I of the National Indus-
trial Recovery Act.
SECTION 3. The term Board" means the National Industrial
Recovery Board as created by Executive Order #6859 of September
SECTION 4. The term Zinc Industry" or Industry as used here-
in includes the mining of zinc ore, and/or the concentrating thereof,
and/or the concentrating of zinc tailings, the production of zinc
concentrates, the smelting of zinc ore, and/or zinc concentrates,
and/or secondary zinc-bearing materials, the refining of zinc, and/or
secondary zinc-bearing materials, the manufacturing of slab zinc, zinc
dust, rolled zinc, zinc alloys, zinc oxide, lithopone, zinc sulphide, and
sulphuric acid, and the original sale of such products by the Member
of Industry producing or manufacturing the anme, either directly or
indirectly through subsidiary, parent, and/or affiliated companies.
(a) "Zinc Ore ", "Zinc Tailings ", and "Zinc Concentrates"
mean, respectively, ore and tailings and the concentrates thereof con-
taining zinc as the principle commercially recoverable constituent
(b) "Zinc Mining" meansi the mining of Zinc Ore, and/or the
concentrating of Zinc Ore, and/or Zinc Tailings, and/or the pro-
duction by flotation of Zinc Concentrates.
(c) "Prime Western Smelting" means the production of Prime
Western, Selected, Brass Special, and intermediate grades of slab
zinc by any process, excluding the production of plants which treat
secondary materials only.
(d) "High Grade Zinc" means the production of High Grade
Zinc by any process, excluding the production of plants which treat
secondary materials only.
(e) Secondary Zinc means the production of slab zinc of all
grades by plants which treat secondary materials only, and for the
purposes of this Code includes the production of zinc dust and the
treatment of zinc ashes.
(f) "Rolled Zinc means the production by rolling, of plate,
sheet, strip and ribbon zinc.
(g) Zinc Alloy means an alloy produced by the intentional
addition to zinc of elements other than cadmium, iron, and lead, and
for the purpo-es of this Code means such an alloy containing more
than eighty (80) per cent zinc, produced for sale.
(h) Zinc Oxide means the production of both lead-free and
leadled grades of zinc oxide, whether produced from metallic zinc,
zinc ores, or other zinc compounds.
(i) Lithopone means the production of all grades of lithopone,
including ordinary lithopone, high strength lithopone, titanated
lithopone, and calcium base lithopone, and for the purposes of this
Code includes the production of zinc sulphide.
(j) Sulphuric Acid-By-Product means such sulphuric acid as
is produced as a by-product of the roasting and/or sintering and
further treatment of zinc ore, in the same plants as those in which
the roaz.ting or sintering and further treatment are conducted. Sul-
phuric Acid-Brimstone means such sulphuric acid as is produced
from brimstone burned to supplement the production of by-product
(k) "Special Intermediate Zinc" means the production, by any
process, of slab zinc containing ninety-nine and seventy-five one
hundredths per cent (99.75%) metallic zinc or more, and which is
not within the Amerian Society for Testing Materials standard
for High Grade Zinc, excluding the production of plants which treat
secondary materialss only.
SECTION 5. The term "Member of Industry" includes, but with-
out limitation, any individual, partnership, association, corporation
or other form of enterprise engaged in the Industry, either as an
employer or on his or its own behalf.
SECTION 6. The term Employee means and includes anyone en-
gaged in the Industry in any capacity receiving compensation for
his services, irrev-p ct ive of the nature or method of payment of such
compensation, except a 1Member of Industry.
SI:CTIuN 7. The term "Employer" mileani- and includes anyone
by whom any such employee is employed or compensated.
SECT ixN 8. The term Apprentice" means an employee who is
apprc titldl to an employer by an indentureh under an apprentice
sytemln established and maintained by such employer to serve an
employer for a term of years at prelettrmiled wages for the period
of the indenture in order to learn a trade, art or craft.
Si.rTIN 9. The term Executive Committee" means the Exec(u-
tive Committee of the American Zinc In.titute, Inc., a New York
SECTION 10. The ti.rml Sci.'f'tary" means the Secretary of the
American Zinc Tn-titute, Inc., who also 1ihall be the Secretary of the
S:TirN~ 11. The term "Division in(cldes, respectively, the sev-
eral parts of the Ind.utry as follows:
(1) Zinc Mining Division
(2) Prime Western Smelting Division
(3) High Grade Zinc Division
(4) Secondary Zinc Division
(5) Rolled Zinc Division
(6) Zinc Alloy Division
(7) Zinc Oxide Division
(8) Lithopone Division
(9) Sulphuric Acid Division
(10) Special Intermediate Zinc Divi-ion
and such other and furtlhr Divisions as may hereafter be created
pursuant to the provisions of this Code.
SECTION 12. Where used with reference to the Zinc Miiinig Divi-
sion (Division 1), Eastern Di-trict means the States of New York,
New Jersey and Pennsylvania; Southern District means the States
of Virginia and Tennesce; Mi.si-sippi Valley District" nit.'an- the
States of Wis-con-in, Illinois, Mi-ss-ouri, Kansas, Oklahoma and Ar-
kansas; Northwestern District means the States of Colorado,
Utah. Nevada. Montana, Idaho, Washington, Oregon and California;
"Southwestern District" means the States of New Me.-.ico and
SECTIO- 13. Where used with reference to the Prime Western
Smelting Division (Division 2), and the Sulphuric Acid Division
(Division 9), Eastern District means the States of Pennsylvania
and West Virginia; Midwestern District means the States of Indi-
ana and Illinois; Southwestern District" means the States of
Oklahoma, Arkansas and Texas.
ARTICLE III-HOURS OF L.A.'o!
SECTION 1. )li,;,,,i i Houl,.--No employee shall be permitted to
work in excess of forty (40) hours per week. averaged over three (3)
month periods (such periods to be the regular quarterly periods of
each year) or in excess of eight (8) hours in any twenty-four (24)
hour period, except as herein otherwise provided. Every employer
at the end of each quarter shall report to the Code Authority, in
such detail as may be required by it or by the Board, the manner
in which the averaging feature herein provided lin- been applied by
the employer during said quarter; and a summary of such reports
shall be trnnmrnitted by the Code Authority to the Board, in such
detail as the Board may prescribe. The Board may, at its discretion,
appoint an impartial investigator to review conditions in the Indus-
try concerning the averaging provisions herein. Such invv-tirator
on completion of his review shall report to the Board and forward
a copy of such report to the Code Authority.
(a) The eight (8) hour provi-ion for the Mining Division in
each State shall be in accordance with the laws of the State pertain-
ing to the eight (8) hour day for mining operations. The Board,
at its discretion, may appoint an impartial investigator to review
conditions in the Mining Division of the Industry and specifically
concerning the application of the eight (8) hour provision in con-
formity with the State laws. Such investigator on completion of his
review shall report to the Board and forward a copy of such report
to the Code Authority. The Code Authority shall study the appli-
cation of the eight (8) hour provision in the Mining Division of
the Industry relating to its conformity to the State laws, and shall
report thereon to the Board not later than ninety (90) days from
the effective date of this Code.1
SI:cTIo 2. Hours for Clerical and Office Employees.-No person
employed in clerical or office work shall be permitted to work in
excess of forty (40) hours in any one (1) week, except that during
any one (1) week in a one (1) month period such employee shall be
permitted to work a maximum of forty-eight (48) hours in any such
week, and except as herein otherwise provided. A normal work day
shall not exceed eight (8) hours.
SECTION 3. E.ierpfi/os as to Hours.-The limitation as to hours of
labor as specified in Sections 1 and 2 of this Article III, and Section
5 of this Article III, as applied to Suibpairgraphs (a) and (b) of
this Section 3 shall not apply to the following:
(a) 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 not less than one and
one-half (11/) times the normal wage rate for any employee so
employed shall be paid for all hours worked in excess of eight (8)
hours per day or forty (40) hours per week.
(b) To persons engaged in a managerial, executive, supervisory
or professional capacity, (excluding skilled production workers),
who receive not less than Thirty-five Dollars ($35.00) per week; and
to outside sales or sales service employees.
(c) To hoistmen, power-house men, pumpmen and truckmen; pro-
vided the total working hours of such employees shall not exceed
forty-eight (48) hours in any one (1) week.
(d) In the case of operations with three (3) shifts in a twenty-
four (24) hour period where only in order to change shifts it is
ne ccv-i ry for employees to work more than eight (8) hours in one (1)
twenty-four (24) hour period, the provisions concerning working in
excess of eight (8) hours in any one (1) twenty-four (24) hour
period, shall not apply.
(e) To clerical help working concurrently with employees de-
scribed in Section 1 of Article III, and Subparagraph (d) of this
Section 3, who may be permitted to work not in excess of the num-
ber of hours which such employees shall work.
(f) To watchmen, who may be permitted to work not in excess
of eighty-four (84) hours in any two (2) week period or fifty-six
(56) hours in any one (1) week period; provided, that no such em-
ployee shall be permitted to work more than six (6) days in any
seven (7) day period.
(g) To an employee acting in temporary relief for a fellow em-
ployee in continuous processes; provided, that one and one-half (11/)
times. the normal wage rate shall be paid for all time so worked in
excess of one (1) relief shift in any one (1) week of forty (40)
SECTION 4. Eimloyimv,'nt by Sr'veral EJmployers.-No employer
shall knowingly permit any employee to work for any time which
1 See parngraLhs 2 (1) and 2 (2) of order approving this Code.
when totalled with that already performed with another emniployer
or employers in this Industry or any itloer Industry, or in any T1rade
exceeds the maximum permitted Iherein.
SECTION 5. Standirld Week.-No employee shall be pernlitted to
work more than six (6) days in any secten (7) day period.
SECTION 1. Minimum Wages.-No employee, except as herein other-
wise specified, shall be paid in any pay period less than at the fol-
lowing rates in the following Divisions of the Industry:
Cents per hour
(1) Zinc Mining Division----.......---------.-----------------......---------. 40 47
(2) Prime Western Smelting Division --------------.-----------.......------- 35 -------
(3) High Grade Zinc Division..........-------------------................... 40
(4) Secondary Zinc Division ..------.--------- ------------------------- 35 -----
(5) Rolled Zinc Division.--------------------------------- ------ 35 -
(6) Zinc Alloy Division_------ ----- ------------------------------ 35 -
(7) Zinc Oxide Division ------------------------------------ ---- 40
(8) Lithopone Division --------...--------------- ------------- 40 -
(9) Bulphuric Acid Division-By-Product -----.------------- ------------ 35
Sulphuric Acid Division-Brimstone-------------------------------- 40
(10) Special Intermediate Zinc Division-------------------------------------- 35 -
Provided, however, as to the Zinc Mining Division, the rate speci-
fied above for it shall be applied to the Northwestern District, and
thirty-five cents (354) per hour above ground, and forty cents (400)
per hour above ground in the Eastern District, and thirty cents (30 )
per hour above ground and thirty-five cents (35.) per hour under-
ground in the Mississippi Valley, Southern and Southwe-t.rin Dis-
tricts; provided further, as to the Sulphuric Acid Division-Brim-
stone, the rate specified above for it shall be applied to the Eastern
and Midwestern Districts, and thirty-five centi (350) per hour in
the Southwestern District. The minimum rates herein provided shall
be construed as hiring rates applying to common labor. Other classes
of labor shall be compensatel at rates above such minimum. Miii-
mum wages in effect on July 1, 1933, which were above the minimum
specified shall in no case be reduced.
SECTION 2. Cl ri,'al and Office Employ,',rs.-No accounting, cleri-
cal, sales or service employee working on a weekly .il;1-is in any office
shall be paid less than at the rate of Fifteen Dollars ($15.00) per
week; provided, however, that office boys and girls and me.-ellcers
may be paid not less than at the rate of eighty per ceint (80%) of
such minimum, and provided further, that the number of such boys
and girls and messengers so paid in any office shall constitute not
more than five per cent (5%) of the total number of employees in
such office, but each employer shall be entitled to employ at least one
such boy, girl or messenger in any office at not less than such reduced
(a) Laboratory boys may be paid not less than at the rate of
eighty per cent (80%) of the minimum rate ($15.00) provided in
this Section 2; provided, that the number of such laboratory boys so
paid by any employer shall not exceed five per cent (5%) of the total
number of laboratory employees employed by such employer, and
provided further, that each employer may employ at least one (1)
such laboratory boy at not less than such reduced rate.
SECTION 3. Piecework Comp, ~nm tion-MIinimum Wagcxs.-This
Article IV establishes a minimum rate of pay for any pay period
which shall apply, irrespective of whether an employee is actually
compensated on a time-rate piece.vwork, or other basis.
SI :CTON 4. Female Employees.-Female employees performing
sitbtantially the same work as male employees shall receive the same
rate of pay as male employees, and when they displace male em-
ployees, they Ij.il!l receive the same rate of pay as the men they dis-
place. The Code Authority shall, within ninety (90) days after the
effective date of this Code, file with the Board a list of all occupa-
tions in the Industry in which both men and women are employed.
SECTION 5. Wages Above the Minimum.-If equitable diffi.renitinia
in the wage rates above the minimum have not been made since July
1, 1933, or were not in force prior thereto and are not still in force,
there shall then be an equiitable adjtlii: niiLt made within thirty (30)
days from the effective date of this Code. In no event, however,
shall hourly rates of wag,.s be reduced in making such adjustment.
Within sixty (60) days after the effective date of this Code, each
Member of the Industry shall make a report of such adjustmint
whether made prior to or siib- rquent to date of approval of this
Code, to the Code Authority.
Si: TIIN 6. Handicapped Person,.---A person whose earning capac-
ity is limited because of age, physical or mental handicap, or other
infirmity, may 'be employed on light work at a wage below the mini-
mum 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 person-. 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 employees.
Si.:'"rinxT 7. Payment of Wages.-Each employer shall make pay-
ment of all w;i,,2(. in lawful curren,'y, or by negotiable check there-
for payable on demand. These wages shall be exomlpt from any de-
ductions other than those exprc--ly authorized by an employee or
required by law. Pay periods for wages shall be at no greater
interval than every semimonth and salaries at no greater interval
than every month.
Si:~'Oh ON 8. Aj',,,pr/ Ili..-.-Employment of apprentices at rates of
compensation below the minimum provided lihr.in shall be permitted
where they are apprenticed to an (employer by an idlentulre under
any apprentice system established and maintained by such emlnployer;
provided, such indenture agreements are filed wi th the Code Au-
thority. Employers shall not be allowed to employ appi-entices in
number .x,\rrliitg five per cent (5%r) of the total number of -killed
craft-iiiii of their special cl;!-, except that each employer shall be
entitled to employ at lea-t one (1) such employee. In no case shall
an apprentice be paid less than the minimum wag; ,- provided in
Section 1 of Article IV in States which do not have laws governing
A TICEI.E V-G(I:NI u:i L.%rn j: PRovisioNS
SECTION 1. Child Labor.-No person under eighteen (18) years of
age shall be employed except in clerical, office, sales, service, technical
and engineering department office duties, 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 he shall have on file a certificate or permit duly -igied
by the authority of such State empowered to issue employment or age
certificates or permits, showing that the employee is of the required
SECTION 2. Prov'sions from the Act.-Employees shall have the
right to organize and bargain collectively through represent atives 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.
(a) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
(b) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
SECTION 3. Reclassification of Employees.-No employer shall re-
classify employees or duties of occupations performed, or engage in
any other .subterfuge for the purpose of defeating the purposes or
provisions of the Act or of this Code.
SECTION 4. Standards for Safety and Health.-Every employer
shall provide for the safety and health of employees during the hours
and at the places of their employment. Standards for safety and
health shall be submitted by the Code Authority to the Board within
three (3) months after the effective date of this Code.
SECTION 5. State Laws.-No provision in this Code shall super-
sede any State or Federal law which imports on employers more
stringent requirements 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.
SECTIIIN 6. Pi.stf'in.-All employers shall post and keep posted
copies of.this Code in conspicuous places accessible to all employees.
Every Member of Industry shall comply with all rules and regula-
tions relative to the posting of provisions of Codes of Fair Competi-
tion which may from time to time be pre--eribed by the Board.
SECTION 7. Dismissal for Complaint.-No employer shall dismiss
or demote any employee for making a complaint or giving evidence
with respect to an alleged violation of the provisions of any Code.
SECTION 8. Con many Touws and Stores.-Employees other than
maintenance or supervisory employees, or those necessary to protect
property, shall not be required, as a condition of employment, to
live in houses rented from or specified by the employer. No em-
ployee shall be required, as a condition of employment, to trade at
a store owned or specified by the employer.
ARTICLE VI-ORlGANIZA\TION, POWERS AND DUTIES OF THE CODE
O( ;.ANIZATION AND CONSTITUTION
SECTION 1. A Code Authority to administer the provisions of this
Code is hereby constituted and shall consist of six (6) voting mem-
bers. Five (5) of such voting members shall be s-elected from and by
the members of the Executive Committee of the American Zinc
Institute, Inc., and one (1) of such voting members shall be elected
by the Members of Industry who are not members of the Americ:ani
Zinc Institute, Inc. The Secretary of the American Zinc Institute,
Inc., shall be the Secretary and a non-voting mineiber of the Code
Authority. The election of all members of the Code Authority
shall be by a fair and equitable method of selection to be approved
by the Board. In the event that the selection of the non-member
of the American Zinc Institute, Inc., is not made within thirty (30)
days after the effective date of this Code, such member may be
selected by the Board.
SECTION 2. In addition to the above membership, there nmay be
not more than three (3) members, without vote and without compen-
sation by the Industry, to be appointed by the Board to serve for
such terms as it may specify.
SECTION 3. Each trade or industrial a s.iciation directly or indi-
rectly partiilp1!tin i in the selection or activities of the Code Au-
thority shall, (1) impose no inequitable rentrictions on membership,
and (2) submit to the Board true copies of its articles of association,
by-laws, rules and regulations, and any amendments when made
thereto, togethet-r with such other information as to membership,
organization and activities as the Board may deem necessary to
effttuate the purposes of the Act.
SECTION 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other res(ccts comply
with the provisions of the Act, the Board may prescribe such hear-
inglr as it may deem proper; and thereafter, if it shall find that
the Code Authority is not truly representative or does not in other
ri'-pects comply with the provisions of the Act, may require an
appropriate modification in the method of '-election of the Code
SECTION 5: Nothing contained in this Code shall con-titute the
members of the Code Authority partners for any purpose. Nor
shall any iiriniber of the Code Authority be liable in any manner to
anyone for any act of any other imeiic er, officer, aent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, ex'irci-ingL reasonable diliLrlgnce in the conduct of his duties here-
under, be liable to anyone for any action or ojnii.-ion to act under
this Code, except for his own wilful malfeasance or nniiifea.ance.
POWERS AND )DUTIES
SECTION 6. Subject to such rules and regulations as may be issu.~,ed
by the Board and to the extent permitted by the Act, the Code
Authority shall have the following further powers and lduties:
(a) To make investigations as to the functioning and obtervanice
of any provisions of this Code at its own instance or upon complaint
of any person affected, and to report thereon to the Board.
(b) To insure the execution of the provisions of this Code and pro-
vide for the compliance of the Inidustry with the provisions of the
(c) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code. The Code Authority shall
promptly furnish to the Board true copies of the by-laws, rules and
regulations adopted pursuant to this paragraph.
(d) To obtain from Members of Industry, through a confidential
agency, such statistical information and reports as are required for
the administration of this Code and to provide for submission by
Members of Industry of such statistical information and reports as
the Board may deem necessary for the purposes recited in Section
3 (a) of the Act, which information and reports shall be submitted
by Members of Industry to such governmental agencies as the Board
may designate; provided, that nothing in this Code shall relieve any
Member of Industry of any existing obligations to furnish reports
to any government agency. No individual reports submitted to the
Board and/or such government agencies as the Board may designate,
shall be disclosed to any other Member of Industry or any other
party except to such government agencies as may be directed by the
(e) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein; provided, that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade as-ociations and agencies shall at all times be subject to and
comply with the provisions hereof.
(f) To make recommendations to the Board for the coordination
of the administration of this Code and such other Codes, if any, as
may be related to or affect Members of Industry.
(g) To recommend to the Board the creation of additional Divi-
sions of the Industry and to call meetings of any Division of the
Industry to consider and recommend to the Code Authority (1) fair
competitive trade practice provisions to govern members of such
Division in their relation to each other or with other Divisions
of the Industry and (2) control of production through voluntary
agreement or otherwise; and to recommend to the Board such
measures as have been considered covering such practices and con-
trol of production including stabilization of employment and con-
servation of natural resources, such rIeconmendations to be subject
to approval of the Board after such notice and hearing as it may
(h) To engage the services of a certified, registered, chartered or
other lawful practitioner of public accounting to inspect the books
and records of any Member of Industry who is alleged to have vio-
lated this Code. In case such an inspection is ordered, such Member
of Industry shall open his books and records to inspection by such
certified, registered, chartered or other lawful practitioner of public
accounting as to all matters which may be pertinent to the allegation,
upon the express condition that such inspection be made only by
such certified, regi-tered, chartered or other lawful practitioner of
(i) In case such inspection indicates a violation of this Code
has not been committed the certified, registered, chartered or other
lawful practitioner of public accounting shall report that fact to
the Code Authority without further details.
(j) In case such inspection indicates a violation of this Code
has been committed the certified, registered, chartered or other
lawful pratititioner of public accounting shall make a full report
of such violation only to the Code Authority and to the Board.
SECTION 7. It being found necessary in order to support the admin-
istration of this Codl and to maintain the sta-ndards of fair com-
petition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the lurpo-es of this Code.
(b) To submit to the Board for its approval, subject to such
notice and opportunity to be heard as it may deem necessary, (1)
an itemized budget of its estimated expense- for the foregoing pur-
poses, and (2) an equitabdle basis upon which the funds necef-ary
to support such budget shall be contributed by Memibers of Industry.
(c) After such budget and basis of contribution have been ap-
proved by the Board, to determine and obtain equitable contribution
as above set forth by all Members of Industry, and to that end, if
necessary, to institute legal proceedings therefore in its own name.
Sr-TIiuN 8. Each Member of Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Board. Only Members
of Industry complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided (unlresi duly
exempted from making such contributions) shall be entitled to
participate in the --ie.tion of members of the Code Authlority or to
receive the b:enfit- of any of its voluntary activities or to make use
of any emblem or in-ignin of the National Recovery Administration.
f.(E"IrsN 9. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as ('tillated
in its approved budget, and shall in no event exceed the total amount
contained in the approved budget. except upon appriv\:il of the
Board, and no sll c,.-cqlent budget shall contain any deficiency it.ll
for expe.liitlure' in exces, of prior budget <-tiiiate except those
which the Board shall have so approved.
SI:-iION 10. If the Board shall d'fterlmiine that any ;itioin of the
Code Authority or any :igrNicy thereof m;iy be unfair or unji-t or
rcontrary to the public iitertt. the Board may require that .iicl
action be suspl.ended to afford an opportunity for inve4tingation of
the merits of iuch action and fiirtlh'r con,ii, ,l:'ation by ,l'lh Code
Authority or agency pending final action which shall not be ,iT,'rtive
unless the Board approves, or unless it shall fail to disapprove after
thirty (30) days notice to it of intention to proceed with such action
in its original or modified form.
SECTION 1. In addition to such other reports as may be required
from time to time under the provisions of Section 6, Subsection (d)
of Article VI, Members of Industry shall furnish the following re-
ports to the Secretary for compilation and reissuance in such manner
as not to disclose separately any confidential information furnished
by any Member of Industry.
(a) For the Zinc Mining Division, monthly reports covering pro-
duction, shipments, and stocks of zinc ores and/or cnincentrates at
mines and/or concentrating mills.
(b) For members of the Prime Western Smelting Division en-
gaged in the production or sale of Prime Western, Selected, Bra,
Special, and/or Intermediate grades of slab zinc other than Special
Intermediate zinc, except Members of Industry whose entire pro-
duction of such grades of slab zinc is consumed in their own
departments or by subsidiary, parent or affiliated coi'erns and no
part of which is sold on the market as slab zinc or any of such
(c) Monthly reports showing total production from any source,
of slab zinc of Prime Western, Selected, Brass Special, and/or Inter-
mediate grades other than Special Intermediate zinc, shipments to
buyers, and stocks of slab zinc of such grades wherever located, in-
cluding stocks at smelters regardless of ownership.
(d) Monthly reports showing receipts, consumption, and stocks of
zinc ores and concentrates and other zinc-bearing materials for
,smelting pilrposc.-s, regardless of owner-hip. including material in
transit to plants.
(e) Weekly reports of sales and pric,.s of slab zinc of Prime
We-tern, Selected, Brass Slpecial, and/or Intermediate grades other
than Special Intermediate zinc, including sales and/or tr;il -ftrs to
affiliated rolling mills or other plants for coiiliuniption, and sales of
zinc in slab form by such affiliated plants.
SrcTIux 2. Any failure to file with the Code Authority, or the
Secretary, any report, s-chedule, contract, or other information re-
quired pursuant, to the provisions of this Code, or the filing know-
ingly of any false information, shall be deemed unfair competition
and shall constitute a violation of this Code.
ARTICLE VIII-ExProT TRADE
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ments for export trade. Export Trade shall be as defined in the
Export Trade Act adopted April 10, 1918.
ARTICLE IX-APPLICATION OF CODE TO OPERATIONS WHEREIN OTHER
METALS ARE PRODUCED
SECTION 1. If any Member of Industry is also a member of any
other Industry, provisions of this Code shall appy only to that por-
tion of its business which is a part of the Zinc Industry.
SI:-('IN 2. Where there is any question as to whether zinc is the
major production from the operations which do or which might
produce zinc, lead, copper, gold, silver or other materials, then in
any and every such event the question as to which Code of Fair
Competition shall gov\'rn such operations of any such MenIlber of
Industry shall be referred to a Coordination Committee. This Co-
ordination Committee shall be composed of two members to be ap-
pointed by each of the Code Authorities for such Industries as may
be involved in each particular question. In the event such Com-
mittee is unable to reach a majority conclusion, then either the
Committee shall elect an additional impartial member or upon their
failure so to agree on such additional impartial member, the Board
then may appoint such additional impartial committee member.
Any 1ih'ifler of Industry, the operations of which may raise such a
question, shall file a statement of fact with the Code Authority for
its Industry, and such stat(.emn lt shall contain a statement of its
preference as to the Code it would prefer to have such operations
be governed by, and such pref-'r Ice shall be granted unless such Co-
ordination Committee shall find that the granting thereof would be
unfair in view of the rights of others or that it would have a tend-
ency contrary to the effectuation of the policies of the Act; pro-
vided, that the operations of any Member in the same State and/or
locality producing and/or milling, or smelting, or refiinlg, or treat-
ing zinc-bearing materials, and materials bearing copper, lead,
and/or other mineral products, except coal, shall be goverioed by the
provisions relating to hours, wages and labor conditions contained
in the Code for the Industry covering the major portion of such op-
erations, which major portion shall be the branch of the operations
<(.ia;;ting the larger number of employees. Any action taken by the
Coordination Committee under any of the provisions of this Article
IX shall be subject to the approval of the Board.
SECTION 3. Within ten (10) days after the effective date of this
Code, any Member of Industry may file such a statement of fact
and preference as to lwiingt governed by any of such other Codes
which may at that time be in effect. Thereafter, upon any such
other Code becoming effective, such stati.ii-n'nt may then be filed; pro-
vided, however, that until any such statement is filed and decision is
made thereon by such Coordination Committee, suchl operation of
such Member of this Industry shall be governed by the provisions
of this Code.
SECTION 4. From time to time thereafter if conditions change.
AMemblers of this Industry shall be entitled to file such ,tateniient- of
fact and preference as to hi:cli2 e of a portion of their ope-ratinIns
from the jurisdiction of one C ode to the juri-diction of another,
and in such event they shall be handled in the sa;ue manner as
provided for above.
SECTION 5. The foregoing Sections 1 to 4 inclusive of this Article
IX, shall not be effective until Codes of Fair Competition for the
Copper and Lead Industries, containing an Article -ub-tantially
the same as this Article have been approved and are in effect, and
certified copies of such approved Codes have been filed with the Code
Authority for this Industry.
ARTICLE X-- MDIFICATION
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or
regulation issued under this Act.
SECTION 2. An amendment may be proposed by any interested
party either to the Code Authority or directly by or to the Board.
All proposed amendments shall be referred to the Code Authority,
who shall give Members of Industry an opportunity to be heard
thereon, and thereafter the Code Authority may make such recom-
mendations thereon as are deemed proper; provided, however, that
when approved by the Board as necessary to effectuate the policies
of the Act, after such notice and hearing as it may prescribe, any
proposed amendment shall thereupon become effective as a part of
No provision of this Code shall be so applied as to promote monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
This Code and all supplementary provisions thereto shall expire
on June 16, 1935, or on the earliest date prior thereto on which the
President shall by proclamation, or the Congress shall by joint
resolution, declare that the emergency recognized by Title I of the
Act has ended.
ARTICLE XIII-EFFECTIE DATE
This Code shall become effective the second Monday after its
approval by the President.
ARTICLE XIV--CONSENT TO MODIFICATION
By presenting this Code, those assenting hereto do not thereby
consent to any modification thereof.
Approved Code No. 555.
Registry No. 1224-1-01.
UNIVERSITY OF FLORIDA
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