Code of fair competition for the die casting manufacturing industry as approved on March 8, 1934

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Material Information

Title:
Code of fair competition for the die casting manufacturing industry as approved on March 8, 1934
Portion of title:
Die casting manufacturing industry
Physical Description:
p. 525-536 : ; 24 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:
Die-casting industry -- 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. 1224-1-02."
General Note:
"Approved Code No. 323."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931413
oclc - 646149811
System ID:
AA00008318:00001

Full Text

INDUSTRY


AS APPROVED ON MARCH 8, 1934


WE DO OUR PART


UNIV. OF FL L .


t S, 1O-7..


U.S. DEPCOG TORY



UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. -


- Price 5 cents


sl~IIYI-~I~MPI~LI-L-r__ll


----


Approved Code No. 323


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


DIE CASTING MANUFACTURING


Registry No. 1224-1-02


























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
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mi.li : ,il1 First N:ati.,nial B;am Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Euillin -.
MeImphii,. Tenn.: 229 Fv(letr- Biildi:-.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadl.llhii;i. Pa.: 422 Commercial Trust Biildling.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 5in Federal Office BuihliIig.













Approved Code No. 323


CODE OF FAIR COMPETITION
FOR TIIE
DIE CASTING MANUFACTURING INDUSTRY

As Approved on March 8, 1934

ORDER

APPROVING CODE OF FAIR COM PETITION FOR THE DIE CASTING
A\ MANUFACTURING INDUSTRY
An application having Ibeen duly made pursuant to and in full
compliance with the provision, of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Die Ca4;ting MAilllfintiiring Industry, and
hearings having been duly held thereon and the ainnex'ed report on
said Code, containing 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 iie 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 that said Code complies in all re.lpectk with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved subject to the following
condition: that the continued participation of the American Die
Casting Institute in the Code Authority after 30 days from the effec-
tive date of this Code shall be contingent upon its amending its
Constitution and By-Laws to the satisfaction of the Adininistrator.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
W. A. HARRIMAN,
Division Admin ;i, ifrator.
WASHINGTON, D.C.,
March 8, 1934.


45054 --425-42-34


(525)













REPORT TO THE PRESIDENT


The Pri>:i. rLT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Die Ca.,itng Manufacturing Iindlltry as revised after the Public
Hearing held thereon in Washington, D.C., on December 20, 1933,
in accordance with the provisions of the Nalti'ial Industrial Re-
covery Act.

PROVISIONS 1;CA;.\IlI NG HOURS AND WAGES

The Code provides a maximum wor k week of forty (40) hours
with an allowance of forty-eight (48) hours per week duiri-ng peak
periods, but such hours worked in excess of forty (40) hours per
week shall not exceed a total of six (6) vwei-k in any six (6) months'
period.
Provision is made that when additional -killedl men are not avail-
able Die and Tool Maklers may be requested to v.-,rk additional
hours, when restriction of hours of these men would unavoidably
reduce the hours of other produrti\v- workers. This over-time is
compensated at the rate of time and one-half.
A tolerance of ten (10) per cent longer hours shall be allowed for
firemen, engineer, electricians, emergency repair and maintenance,
shipping, and delivery crews. Watchmen shall be permitted to work
fifty-six (56) hours per week. The provi-ions as to hours shall not
apply to execuitive-, administrative, and supervisory employees
receiving $35.00 or more per week.
A minimum wage rate of forty (40) cents per hour is provided
regardless of the basis of compensation, with the following ex'cep-
tions:
(1) Those engaged in light repetitive work consisting of cl(.;aiing,
finishing, and inspecting shall be paid at the rate of not Ie- than
thirty-two and one-half (: .1.,) cents per hour, but the number of
employees so paid shall not exceed five (5) per cent of the total
number of employees; (Accordiing to inforntiation furnished by the
Industry, this is the only type of factory work for which female
labor is employed; conseql uetly this clause establishes thfe minimum
rato of pay for fe-ijial:; labor.)
(2) Begiiini-' learning a trade in the die talking departments
may be paid at eighty (80) per cent of the minimum rato for a
three (3) months' period, but the number of learners shall not
exceed one for ever ten skilled mechanics.
(3) Ollice workers shall receive a minimum wair of $15.00 p r
week in cities of more than 500,000 population, $14.50 per \\wrkl in
cities of between 250,00(0 andl 500,000 popular iin. and $14.00 per \wok
in all other cities. Office boys (i girls may be paid at not less than
(520)








527

eighty (80) per cent of -nih minimum rates, but their number shall
not exceed five (5) per cent of the total number of office employees.
(4) Partially incapacitated persons may be employed at lower
wages under conditions authorized by an agency designated by the
United States Department of Labor.
Equitable adjust lents of pay schedules above the minimum shall
be made and no employee shall be reduced, nor shall employees be
reclassified to defeat the purposes of the Act.
No person under sixteen (16) years of age shall be employed and
,nne. under eighteen (18) years at hazardous o'clpation,.

ECONOMIC AND ST.ATISTIC'.L MATI'RIA.\L
The illndlstry is not large as there are believed to be less than fifty
firms engaged in producing commercial castings and three-fourths of
the business is concentrated in less than twenty firms. Responses
frjml the firms doing three-follrths of the business show that sales
have dwindled from $20,000,000 in 1929 to $6,000,000 in 1932, and
during the same period, the capital invested dropped from $12,000,000
to $7,000,000.
In each of the years, 1928 and 1929, the total net profits of these
companies amounted to about $1,500,000, but this fell to $13.000 in
1930 and since then there has been a loss, as shown by the following
table:

Minimum Minimum
wage (cents wage (cents
Em- per hour) Weekly Em- per hour) Weekly
Year ployees --pay Year ployees- pa
roll roll
Fe- Fe-
Male me Male male
male male

1928 ---------- 2, 825 34 27 $103,000 1932--------------. 1, 672 29 24 $48,000
1929 -------- 3,483 35 28 118,000 1933 (March) -----_ 1,823 26 23 138,000
1930 _----------- 2,309 34 28 75,000 1933 (November) -. 2,990 33 30 -
1931 ---------- 1, 776 33 28 55,000
1 First 8 months 1933.

The Industry was unable to as..enible and tabulate figure- of holiurs
worked per week, but it was stated that they have been in excess
of forty (40). It is significant that the minimum wage rates per
hour for both male and female labor, as provided in the Code, show
a substantial increase over those prevailing in 1929. It is also note-
worthy that employment in November, 1933, exceeded that in 1928
and, furthermore, showed a fifty (50) percent increase in the fall
over that in the spring. It is believed that this gain may be further
increased under the Code.
I believe that the Code is fair to Industry, to Labor, and to the
Public and is in accordance with the intent and purposes of the
National Industrial Recovery Act.
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of
all the proceedings in this matter;






528


I find that:
(a) Said Code is well dle-igned to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
remIloval of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the g,.ne!il 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 govern~ ental -an:t ins and supervision, by eli ninat-
ing unfair competitive practices, by promoting the fullest possible
uitili;.ation of the pr.'-ent productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by inri',-iig the consumption of industrial and agricul-
tiIral products through increasing purliha-.ing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Indlltry normally employs not more than 50,000 cm-
ployees; and is not c.l;.-ified by me as a major industry.
(c) The Code us 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 group
is an industrial group truly reptl.i entative of the afor nid Indus-
try; and that said group imposes no inequitable restrictions on
admission to membership tl herein.
(d) The Code is not dt-igned to and will not permit iiionopolies
or I lcmonopolistic practices.
(e) The Code is not designed to and will not eliminate or oppre.-..
inuill enterprises and will not oplrati: to dim.rillinate 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 reasini-, therefore, I have approved this Code subjectt, to
the following condition: that the continued participation of the
American Die Casting Institute in the Code Authority after 30 days
from the effctti\v date of this Code shall be contingent upon its
amending its Constitution and By-Laws to the -a(i-f;atiiln of the
Admninis-trator.
Rtepe't fully,
Hrn; S. JohNsoN,
Adm ;,ni ;rator.
MARCH 8, 1931.













CODE OF FAIR COMPETITION FOR THE DIE CASTING
MANUFACTURING INDUSTRY

ARTICLE I-PURPOS'ES

To effectuate the policies of Title 1 of the National Industrial Re-
covery Act, the following provi-ions are established as a Code of
Fair Competition for the Die Casting Manufacturing Indu:try, and
shall be the standards of fair competition for such Industry and
shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

The term Industry as used herein in.ludes the manufacture for
sale of die castings. and does not include the manufacture of die cast-
ings when mantufa.ctlured for use as part of another product by the
manufacturer of such other product.
The term die casting as used herein .is a casting made by forcing
molten metal under pressure into a metallic mold or die.
The term employee as used herein includes anyone engaged in
the Industry in any capacity receiving compensation for his services,
irrespective of the method of payment of such comipeInsation.
The term employer as used herein includes anyone by whom
any such employee is comlpensated or employed.
The term "member of the Industry includes anyone engageil in
the Industry as defined above, either as employer or on his own
behalf.
The terms President", Act", and "Administrator as used
herein shall mean respectively the President of the United States,
Title 1 of the National Industrial Recovery Act, and the Aduminis-
trator for Industrial Recovery.

ARTICLE III-HOURS

SECTION 1. On and after the effective date no employee shall be
permitted to work in excess of forty (40) hours per week.
(a) Provided, that during peak periods in which a concentrated
demand shall place an unusual and temporary burden for production
upon the facilities of the Industry, employees may be permitted to
work not more than forty-eigrht (48) hours per week in any six (6)
weeks in any six (6) months period.
(b) Provided. further that firemen, engineers, electricians, emer-
gency repair and maintenance, shipping, and delivery crews shall be
allowed a tolerance of ten percent (10%) based upon the maximums
above prescribed.
(c) Provided further that when additional skilled men are not
available Die and Tool Makers, at the request of the employer, may
(529)







530


work additional hours beyond those spl)'ified above when restriction
of hours of these highly skilled workers would unavoidably reduce
the hours of other productive work'r.-, provided ,ich additional
hours shall be paid for at the rate of time and one-half.
(d) Providing further, that nothing in the foregoing employ-
ment provisions shall apply to executives, administrative, a nd' super-
visory employees who receive thirty-five dollars (.*;:*,.00) or more
per week; and outside salesmen.
SECTION 2. Watchmen shall not work in excess of fifty-six (56)
hours per week and not more than six (6) days in any seven (7) day
period.
S.v'Cnox 3. The Industry recognlizc. the desirability of and ac-
cepts the principle of the eight (8) hour working day for labor and
insofar as it reasonably can, the Indu ~try will endeavor to employ
its labor on that basis.
SECTION 4. No employee shall knowingly be piiititted to work
for one or more employers in the na',eregate in excess of the above
preisc-ribed number of hours.
ARTICLE IY-B AES

SECTION 1. No employee except as hereinafter provided shall be
paid at less than the rate of forty cent. (400) per hour with the
exception of those engaged in light, repetitive work, conr iting of
cleaning, finishing and inspecting, who shall be paid at not less
than the rate of thirty-two and ,one-hzilf cents (321, .) per hour,
provided that the number paid at this rate by any member shall
not exceed five percent (5,') of his total number of factory
employees.
(a) Provided that beginlner, learning a trale in the die mak-
ing departments, of any plant may be paid not less than eighlty
percent (80%) of the minimmu rate for not more than three (3)
months, and provided further that the numblier of .IIch employees
paid e1.s than the minimum rate shall not exceed one for every
ten (10) skilled mechanics in this department. Provided, l1-o, that
each employer shall be entitled to at least one such employee.
Siu.'rnox 2. Offi e. ac.'oiuting, and clerical employees shall receive
a minimum wage of fifteen dollars ($15.00) per week in cities of
more than five hundred thousand (500,000) population, fourteen
,dllars fifty cents ($14.50) per week in cities of between two hun-
dred fifty thousand (250,000) and five hundred thousand (500,000)
population, and fourteen dollars ($14.00) per week in cities of two
hundred fifty tho.uand (250,000) population and less.
Sr:cioxN 3. These rates shall not apply to office boys and girls,
who may be paid not less than eighty percent (80"'.) of such mini-
mum ra;te-, but the total number of such office boys and girls shall
not e.xc~ d in any calendar month five percent (5o ) of the total
number of office employees for each employer and in no case less
thlan one.
(a) Provided, however, that wlhire any State law reilp ires any
higher minimum w\ges. th la those pecifiied in this Article such
higli.ir minimum wnaes shall apply in all canse-; and







531


(b) Provided. a per.-oni whose a;in ii, ii ,Iapity is limited bei-'a.-i:
of age or phy ical or mental handicap may be employed on light
work at a wage bIlow\ the iiinimium established by this Code if
the employer obtains froml' the Stat, authority de-igliated, by the
United States Department of Labor a certificate authorizing his
employment at such \wages and for such hours as -hall Ibe stated
in the certificate. Ear-h enmployher shall file with the Code Authority
a list of all such per- 1 tn employed by him.
SECTiON 4. This Article establishiei a minimum rate of pay. reg.ard-
less of whet-her an emiiplyee is (cmpenll ted on a time rate. piece-
work. or other ba-is.
SECTIN 5. Female iiimployees performing -iubl-htaltially the -:,ie
work as male employees shall receive the -;aiw rate of pay as male
employees.
SECTION 6. Equitibllt adjustments in all pay schedules of em-
ployees above the iiinimlla shall be made on or before fifteen (15) days
subi-equient to the effective date of this Code by any employers who
have not made such adjustments since NMay 1, 1:3:3.
SECTION 7. No employees receiving more than the minimum rate
shall have their wagte- reduteied.
SECTION 8. Each employer shall post in a con-pic'ous place the
labor provisions of this Code.
SECTION 9. The first report of wages, required to be fih.1l under this
Code. shall coJntaini all wage increasee, made since May 1, 1933.

Ai:rriTI V-GENERAL L.Af'oIo PROVISIONS

SEItrION 1. Employees shall have the riJiht to organize andl bargain
collectively through representatives of their own choosinrg, 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 aidi or protection.
SECTION 2. No employee and no one seeking employment hallal be
required as a condition of (iiplo)yiii'nit to join any company union or
to refrain from joining. organizing, or a-i-ting a labor organization
of his own choosing.
SEcTIoN 3. 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 4. No person under sixteen (16) years of age shall be em-
ployed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occu-ipations which are hazard-
ous in nature or dangerous to health. The Code Authoritv shall
submit to the Administrator within ninety (90) days after the effec-
tive date of this Code a list of such operations or occupations. In
any State an employer shall be deemed to have coiimplied with this
provision as to age if he shall have on file a certificate or permit
duly signed by the Authority in such State empowered to issue emii-
ployment or age certificates or permiits showing that the employee is
of the required age.
SECTION 5. Employers shall not reclassify empuloyee- so as to defeat
the purposes of the Act.






532


ARTICLE VI--ADMI N I.TH.AITTON 1

To further effectuate the policies of the Act, a Code Authority is
hereby col-titluted to cooperate with the Administrator in the admin-
istration of this Code.
SEcTION 1. The Code Authority shall consist of five individuals
from among the members of the Industry, three of whom shall be
elected as regional representative;, one for the region East of the
Meridian, forming the western bounlda y of the City of Buffalo,
New York; one from the region from that line westward to the
Meridian forming the Illinois, Indiana boundary; one from the
region from the Meridian forming the Illinois, Indiana boundary
westward; and two as members of the Industry at large. All shall
be elected by the members of the Industry, each member of the In-
dustry to have only one vote. Such election shall be by mailed bal-
lots which ballots shall be sent to all members of the Inldu-try by
the Secretary of the American Die Casting Institute who is author-
ized to conduct the election. In addition to the membership, as above
provided, there may be not more than three members withotlt vote to
be appointed by the Administrator.
SECTION 2. The expenses of the administration of this Code shall
be apportioned by the Code Authority subject to the disapproval of
the Admini-trantor among the employers of the Industry on the basis
of the number of man hours worked by employees falling under this
Code for the period of any assessments made hereunder and any
other factors which in justice and reason should be considered.
SECTION 3. The Code Authority shall have the following duties
and powers to the extent permitted by the Act, subject only to dis-
approval by the Admin i ist rator.
(a) To make rules and regulations and to appoint such agents as
may be ncress~s:ry for the administration of this Code.
(b) To represent the Industry in conferring with the President
or his agents with respect to the administration of this Code and
with respect to the National Industrial Recovery Act and any
regulation issued thereunder.
(c) To present to the Administrator recoiinlienidations based on
conditions in the Industry as they develop from time to time which
will tend to effectuate the operation of the provisions of this Code
and the policy of the National Industrial Recovery Act.
(d) To collect such reports and statititial data from persons
(eIrgaged in the Industry as may be required to secure proper observ-
ance of the Code. Such data. shall be s-ubmitted to an impartial
agent designated by the Code Authority. No individual reports
shall be disclosed to any member of the Industry or any other party
except to i-uch governmental agencies as may be directed by the
Administrator to secure enforcement of the provisions of this Code.
(e) To prescribe methods and conditions for the reporting of
prices subject to the disapproval of the Administrator.
(f) To cooperate with the Administrator in making investigations
as to the functioning and observance of any of the provisions of this
'See p]ij :i'rahlll l 2 of order aipprovinpg lhis Code.







533


Code, at its own in-tance or on complaint by any person affh.te.d,
to adjust complaints directly or through its designated age.iil-, and
to report complplinit- or violations to the Administrator.
(g) To inform the Pre.-idleiit on behalf of the I11i i:-try as to the
importation of competitive article. into the United States in sub-
stantial quantities or ilncreasiing ratio to domestic production on such
terms or Inder such conditions as to render ineffective or seriously to
endanger the maintenance of this Col and make complaint to the
President on behalf of the Industry, under the provisions of the
National Industrial Recovery Act, with respect tlhereto.
(h) Any action taken by the Code Authority, or other group
within the Industry, for the pur-pose of iimaking etfft' tive the provi-
sions of this Code, may in the discretion of the Code Authority or
such other group be submitted to the Administrator for approval,
and shall, in any case, be subject to the disapproval of the Adminis-
trator.
(i) Nothing cointailjied in this Code shall constitute the meimber:n
of the Code Aiuthlority partners for any purpose.

ARTICLE VII-S'T.\1 1~Tric .

In addition to information requitrel to be submitted to the Codle
Authority, there shall be furni.-ihed to Governoment Agents such
statistical information as the Adlinii-trntor may deem necessary for
the purposes recited in Section 3 (a) of the Act.
ARTICLE VIII-Ti.:-.ip: PRA'T (

The practices and methods as set forth in this Article are hereby
designated as unfair methods of coliiipetition, and indulgence by any
member of the Industry in any of the same 1hall be a violation of
this Code.
SECTION 1. To make or cause or permit to be made or published
any false, inaccurate or deceptive statement in any material detail
by way of advertise ment or otherwise, whether concerning the grade,
quality, quantity, sib:,tancme, character, nature, origin, size, finish, or
preparation of any product of the Industry, or the credit tornA..;,
values, policies, or services of any inember of the Inldustry, or other-
wise, having the tendency and capacity to mislead or deceive cus-
tomers or prospective c(n-tmer.s.
SECTION 2. To use or s.bl-tittte materials inferior in quality to
those specified by the purchaser without the knowledge and consent
of the purchaser.
SECTION 3. TO allow a discount for 1payi ent in advance of the
due date greater than one percent (1;.) on castings or to allow any
discount for cash on dies and tools.
SECTION 4. No member of the industry shall give, permit to be
given, or directly offer to give, anything of value for.the purpose of
influencing or rewarding the action of any employee, agent, or rep-
resentative of another in relation to the biiiness of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free







534


and general distribution of articles commonly used for advertising
except as far as such articles are actually used for commercial
bribery as hereinabove defined.
SECTION 5. To fail to charge the customer for any castings in
process, as well as the cost of dies and tools discarded because of
changes in the order made by the customer.
SECTION 6. Ina1.nic1111 as full compensation for the special en-
gineering, maintenance, storage, handling, insurance and repair of
dies and equipment is not included in the price, being as-sumed by the
die caster, and for this reason and because of the special character of
the processes, the dies and tools shall be the joint property of the
customer and the die caster. Therefore it is an unfair method of
competition to fail to make a charge to cover the special engineering,
maintenance, storage, handling, insurance and repair of dies and
equipment before transferring possession of the die to the customer.
This charge shall be determined by the Code Authority and shall be
subject to the disapproval of the Administrator.
This clause need not apply in cases where the maker of the die
delivers it to the buyer who owns (lie casting machinery purchased
from the maker of the die.
SECTION 7. To fail to include in all quotations, acknowledgments,
orders, or contracts covering dies to be used for supplying castings
a provision reading as follows: the above described dies will remain
in our possession and control, and when for three con-etctive years
no orders are received for castings to be made from such dies, they
will be considered as obsolete and may be destroyed by us after
giving thirty (30) days written notice thereof to the customer."
SECTION 8. To quote on die ca.tings to be produced from dies
in the possession of another die caster.
SECTION 9. To quote prices on castings without quoting a separate
charge which covers the cost of constructing the necet.-a ry dies and
tools required for the production of such castings.
SECTION 10. To accept requirement contracts without a specific
minimum which shall not be less than seventy-five percent (75%)
of the maximum and without specifying the time limit, except where
such contracts permit of a price adjustment on date of release of
quantities under the contract.
SECTION 11. To withhold from or ini-ert in an invoice anything
which would make the invoice a false record, wholly or in part, of
the transaction in question, or make any arrangement. which would
contemplate payment or settlement contrary to the face of the
invoice.
SECTION 12. MaliciouSly inducing or attempting to induce the
breach of an existing oral or written contract between a cmIpetitor
and his customer or source of supply, or interfering with or obstruct.
ing the performance of any such contrantual duties or services.
SECTION 13. To initate or simulate the trade limark, trade name,
package, wrapper, or label of a competitor's product to such a
degree as to deceive or have a tendency to deceive cvustolers.
SECTION 14. To give buyers guarantees against price decline,: or
protection against price advances.
SECTION 15. To accept orders or releases for production in quan-
tities sub.-tantially less than those (.stiuited as a continuous run







535


on which the sales price was h'a-e., unless an a1llitimiiil c.1aiirg
covering increa-edi cost per piece be made.
SECTION 16. The defaniation of comipetitor.- by falsely impliitilng
to them dislhonorable conduct. inability to perform contracts, 'lii,-
tionable credit standing. or by other false repre-en tations or by the
false disparagement. of the grade or quality of their go,1.-.
SECTION 17. To sell any d1ies, tool.., ca-tiil.. services, and/or any
one of these at a price, or upon terms and conlition-, which will
result in the customer's paying for the goods receive.1 less than
the cost thereof to the seller, ilhtcirminell in ;rorlardia'v with the
method of costing described in Article IX, Section 1; provided,
however, that nothing herein contaim'd shall prevent any ii~-i.li]i r
of the Industry fiomn iieeting the price of any coml,'titor who is
not himself selling below cost.

ARTICLE IX-COST FINDING AND SALE ':I.Diiw CosT

SEC Tr N 1. The Code Authority shall c.i I-e to be formulated an
accounting system and methods of cost finding and/or esttiating
capable of use by all members of the Inlu-try. After -u'h sy-temu
and methods have been formulated, full details roic ernin;"i them
shall be made available to all members. Tlhereafter all im-embters
shall determiniM and/or estimate c,,-t- in accordance with the
principle-; of such methods.
SECTION 2. When the Codle Authority determines thlt an emelr-
gency exists in this Indusitry and that the cause thereof is destructive
price-cutting tuchl as to render ineffective or seriously endianger the
maintenance of the provisions of this Code, the Code Authority may
cause to be determined the lowest reasonable cost of the prodiI'ts
of this Industry, siicli d'lteriiina;tion to be subject to .-iuch notice and
hearing as the Admini-trator uniy require. The lAdlmini-trator may
approve, disapprove, or modify the detirminiation. Thereafter, dur-
ing the period, of the ,nierg'iry, it shall be an unfair trade practice
for any nmeimbler of the Indhil.try to sell or offer to sell any products
of the Industry for which the lowest reasonable cost has been deter-
mined at such prices or upon such terms or conditions of sale that
the buyer will pay le-. therefore than the lowest reasonable cost of
such product(.
When it appears that condition, have changede. the Code Authority,
lpon its own initiative or upon the request of any interested party,
shall cause the determination to be reviewed.
A-RTI('I.E X-MODIFICATION

SEcTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in ancordan.-e with the
provisions of sub-section (b) of Section 10 of the National Indus-
trial Recovery Act, from time to time to cancel or nmodify any order,
approval, license, rule, or regulation issued under Title 1 of said
Act and -pecifically, but without limitation, to the right, of the Presi-
dent to cancel or modify his approval of this Code or any conditions
implj-cV' by him upon his approval thereof.







536


SECTION 2. Sutch of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
Admini-trator. be modified or eliminated as chmages in circuIlstances
or experience may indicate. It is contemplated that from time to
time supplementary provisions to this Code will be submitted for
the approval of the President to prevent unfair competition in price
and other unfair and de.truictive competitive practices and to effectu-
ate the other purposes and policies of the Act consistent with the
proviiions thereof.

ARTICLE XI-MONOPOLIES. ETC.

No provision of this Code 1-hall be so applied as to permit imlonopo-
lies or monopolistic prartice-, or to eliminate, oppress, or discrimi-
nate against small enterplri-es.

ARTICLE XII

This Code shall brIome effective ten (10) days after its approval
by the President.
Approved Code No. 323.
Registry No. 1224-1-02.







UNIVERSITY OF FLORIDA
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