Code of fair competition for the lead industry as approved on May 24, 1934

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Title:
Code of fair competition for the lead industry as approved on May 24, 1934
Portion of title:
Lead industry
Physical Description:
p. 355-380 : ; 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:
Lead industry and trade -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1217-8-01."
General Note:
"Approved Code No. 442."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931401
oclc - 646140077
System ID:
AA00008322:00001

Full Text


Approved Code No. 442


Registry No. 1217-8-01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


LEAD INDUSTRY


AS APPROVED ON MAY 24, 1934


WE DO OUR PART


u T-"- *. ,

Ml^ -^ --'i








UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


le by he S rintendent of Documents, Wahington, D.CPrice 5 ent
FOP sale by the Superintendent of Documents, Washington, D.C. Price 5 centa


I
























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, Ca.: 504 Post Office Building.
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Seattle, Wash.: 809 Federal Office Building.


























Approved Code No. 442 Registry No. 1217-8-01

ERRATA SHEET

CODE OF FAIR COMPETITION
FOR THE

LEAD INDUSTRY

As Approved on May 24, 1934

Page 376, "Article XIII, Monopolies" should read "Article XII,
Modifications."
71314---829-6-34 (1)


.. S. GOVERNMENT PRINTING OFFICE: 1934









































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Approved Code No. 442


CODE OF FAIR COMPETITION
FOR THE

LEAD INDUSTRY

As Approved on May 24, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE LEAD 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 Lead 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
President:
Now, therefore, on behalf of the President of the United States,
I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant
to authority vested in me by Executive Orders of the President,
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 respects 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.
HUGH S. JOHNSON,
Administrator for Industrial Rccovery.
Approval recommended:
K. M. SIMPSON,
Division Administrator.
WASHINGTON, D.C.,
May 24, 1934.


(855)


62288*--544-140---34












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The original Code of Fair Competition for the Lead Industry
was submitted on August 3rd 1933, by the Lead Industries Associa-
tion, an unincorporated membership society organized in 1928 rep-
resenting 90% of the known members of the Industry in volume of
production. Several revisions of the Code were made prior to the
public hearing held on December 22nd, 1933. The Code was revised
during the recess of this hearing and submitted in its final form for
approval. Every person who requested an appearance was prop-
erly heard in accordance with statutory and regulatory requirements.
The Lead Industries includes the development, mining, concen-
trating, smelting, and refining of lead-bearing ores, and the utiliza-
tioh of the products. By far the largest product of the refining
process is pig lead, normally about 97% of total mine production. A
small amount of pigments are made direct from ore.
The major products of the lead industries are pig lead, antimonial
pig lead, lead pigments, manufactured metallic lead products, and
manufactured metallic foil products.
The lead code covers the Lead Industries in every phase enumer-
ated above except storage battery plates and lead covered cable. The
storage battery plate business came in with the addition of starters
for automobiles but has become a revolving supply, as was prophe-
sied at its inception, the use of new lead for battery plates per year
not representing over 10% of the lead used at present for that pur-
pose. The quantity of lead covered cable used is dependent on the
status of telephone and electric companies.
Lead pigments, used in the paint and varnish business, are made
from ores, pig lead, and scrap, but chiefly from pig lead. Lead
pigments are sold in a highly competitive field with zinc pigments,
titanium oxide paint, and stainless alloy steels. Foil has to meet the
competition of cellophane.
Undesilvered soft pig lead containing relatively high copper is
extremely resistant to corrosion by acids and is known to the trade
as chemical lead; it is used chiefly in the manufacture of cable, pipe
and sheets.
Lead mining and smelting is mainly located in the states west of
the Mississippi River and, with the exception of the district in south-
east Missouri, is closely associated with the mining of other metals.
Consequently, code provisions for lead, zinc, and copper, will often
be closely inter-related.
All the lead industries included in the Code have suffered greatly
during the depris.vsioin, particularly the mining indtlstry, which has
witnJ1es-.ei a drop in the price of pig lead in the United States, carry-
ing it in 1932 to a lower level than has been observed for at least
fifty yei.rs, namely, 2.650 per pound, New York.
(356)






357


From 1929 to 1932, the contribution of the United States to the
total world output of primary refined lead decria-ced from 36% to
22 As the United States is a small net importer of lead, the
actual and relative decline was primarily due to a decrease in
domestic con-,uiiption.
Lead is a comparatively low-priced nmt:;l whose major uses are
for pigments, cable covers, storage batteries, building, ammunition
and various alloys. Its principal competitor is zinc, particularly in
the pigment industries. About 20% of total normal consumption
is destroyed in use; the remainder represents possible ultimate re-
covery and re-use. The recovery of secondary lead is an important
factor in demand for new lead. The rapid development of the
storage battery demand for lead served to stimulate mine capacity
and new production, but more recently the annual recovery of lead,
so used, has reduced the demand for new lead for this purpose to
a relatively small factor.
Total consumption of lead in 1933 was only about 40% of the
1929 demand. In spite of a rapid decline in mine production, stocks
have been built up until they may be considered excessive in view
of the present low rate of consumption.
The number employed in the lead industries is about 50% of the
total for 1929, or a decrease of some 14,000. The amount of work
for those actually employed has decreased, due to the spreading of
available work. Increased employment is dependent on improve-
ment in the construction, automobile and electrical industries.
The production of refined primary lead in the United States de-
clined from 637,000 metric tons in 1929 to 251,000 tons in 1932, or
from 365 of the world production to 22 ;. The decline in produc-
tion for the rest of the world in the same period was from 1,149,000
metric tons to 906.000 tons. The corresponding percentage of world
total showed an increase from 64'1 to 78S'. In other words, the
maior decline in world output occurred in the United States.
Since the United States has no net export of lead but is a com-
paratively small net importer, the real cause of the decline in
United States' production is due primarily to a decline in domestic
consumption.
Under the tariff provision of 1922, still in force, a duty of 11/20
per pound of lead content was placed on imported ores, 21/80 per
pound on lead bullion, 2.3s per pound on lead sheets, and duties
ranging from 21/20 to 30 per pound on lead pigments.
The tariff protects the lead industry of the United States from
heavy imports from Mexico and Canada. Because of competition
within the United States, the price differential at New York over
London exceeds the tariff on ores but does not reach the tariff on
lead bullion, lead sheets, and lead pigments.
From a standpoint of labor at refineries, the decrease in exports is
likewise reflected in the decrease of imported ores and base bullion,
meaning less refinery capacity used. The United States formerly
imported much lead in various forms, principally in ore and base
bullion, and continues to import small quantities. Some of it entered
for immediate consumption; most of it, however, is entered for
warehouse, is smelted and refined in bond, and is then reexported
as refined pig lead or in manufactured products.






358


These relatively large former exports have been captured by
Australia and Canada by the imposition of a 10% tariff on non-
British lead imported into Great Britain. United States' exports
of lead have dropped from 116,260 tons of pigs, bars, and secondary
in 1928 to 22,500 tons in 1933.
The quantity of lead in all forms consumed by domestic industry,
as estimated by the American Bureau of Metal Statistics, was
548,000 short tons in 1919, had reached 901,000 tons in 1926, was
972.000 tons in 1929, tnd steadily declined to 400,000 tons in 1932.
Tho three principal uses of lead in the United States are cable
covering, storage batteries, and white lead. In 1929, according to
the American Bureau of Metal Statistics, these three outlets used:
cable covering, 206,000 tons; storage batteries, 210,000 tons; white
lead, 119,700 tons; total of the three, 535,700 tons of a total of
930,000 tons used for all purposes; in 1932, cable coverings used
were 55,000 tons; storage batteries, 138,000 tons; white lead, 54,500
tons; total of the three, 247,500 tons of a total of 400,000 tons used
for all purposes. Revival of the market for lead-covered cable
cannot be expected until there is a renewed expansion in the use
of the telephone and electric industries.
Large stocks of lead have been accumulated during the depression
and now amount to more than a year's supply at present rate of
consumption. These unsold accumulations are tangible evidence of
the strenuous efforts and great financial sacrifices mining and smelt-
ing companies have made to keep their employees at work.
Mining companies have keenly realized their responsibilities in
sharing work among their employees and relieving suffering in the
mining camps, especially where mines are the only source of em-
ployment. The lead mines never cut wages to the extent justified
by the extraordinary low price obtained for lead in 1932 and 1933
and after the enactment of the N.I.R.A., spread work still further,
making wage increases which they hoped would be justified by the
development of the Administration's Recovery program.
The mining industry, as a result of a distressed lead market, is
working approximately 46% of its 1929 rate of production and
there is no prospect of any increase in this rate unless the price of
lead should advance.
In 1929 the member mining companies in the Lead Industries
Association employed 8,450 persons. In 1933, despite the low rate
of production, they were engaging 5,500 employees, a number which
was increased to 5,650 after the P.R.A. program was put into effect.
As reported by the American Bureau of Metal Statistics, and
quoted by the U.S. Bureau of Mines, stocks of refined lead and
antimonial lead have risen steadily from 51,050 short tons at the
end of 1929 to 103,000 tons at the end of 1930, to 152,000 tons at
the end of 1931, to 176,000 tons at the end of 1932, and to 203,000
tons at the end of 1933. These stocks (four times as much at the
end of 1933 as at the end of 1929) represent at least a six-months'
supply on the basis of the best figures obtainable of the consump-
tion of lead for the year 1932; and have accumulated despite a
progressive decrease in mine production of recoverable lead from
miines from 648,000 tons in 1929 to 558,000 in 1930; to 405,000 tons
in 1931; to 293,000 tons in 1932; and to 274,000 tons in 1933.






359


The total employment in the Lead Industries coming under this
Code, was approximately 28,000 in 1929. About. three-fourths of
the total are employed in the closely associated mining and smelting
operations.

Division Total em- Wage
played earners

Mining and milling.............................----------------------- 15,004 14,007
Smelting and Refining (primary) ......-----------.............--------- 6,690 4,819
Fabricating--............-----------------------.-----------------. 6,873 ..------...
Total----.....---.-----.--.........----------------...... 27,567 -------

The general level of operations in the Industry, judged by produc-
tion and consumption data, fell in 1933 to about 40% of the rate in
1929. Labor requirements probably declined in about the same
proportion, but the actual number employed at the end of 1933 was
about 50% of the number in 1929 (according to the results of a sur-
vey, made by the Lead Industries' Association), which covered from
85% to 90% of the Industry.
The Code, as written, follows the latest standard code provisions.
It contains no open price clause for Pig Lead and Metallic Lead
products and no provisions relating to cost of production in relation
to selling price. No definite control of production or stabilization.
of the industry is set up, although provision is made in Article VI,
Section 6, Paragraph that such proposals may be recommended,
after voluntary agreement, to the Administrator.
A basic maximum 8 hour day and 40 hour week is provided, with
such standard exceptions as are common to other codes or as may
be essential to the peculiar character of the mineral industries.
These exceptions are generally further safeguarded by the provision
of time and one-half for overtime. Fundamentally, the code week
of 5 eight-hour days represents a change from a standard week of
7 eight-hour days in 1929. Considering the present restricted output
of the industry and the effort to spread employment by staggering
such work as is available, little immediate increase in employment
will result. However, with any substantial gain in production, there
should be a material increase in total employment.
Notwithstanding the depressed condition of the industry, even to
the point of having the price of lead drop to an all time low for a
50 year period of 2.650 per pound, F.O.B. New York, the industry
has made a sincere effort to spread employment. This sincere desire
is evidenced by their past performance as indicative not only of their
sincerity in drafting their code but also the further high standard
they will maintain in adhering to the provisions and functioning of
their code.
ARTICLE I. Purposes.-States the purpose of the Code.
ARTICLE II. Definitions.-Accurately defines specific terms applica-
ble to the Lead Industry.
ARTICLE III. Haors.-The maximum hours are limited to forty
hours per week for employees engaged in the processing of products
and labor incident thereto. Watchmen may be permitted to work
56 hours in any one week period provided that such employees shall
have at least one day's rest in each seven day period. Office, salaried






360


and other employees not covered above who receive less than $35.00
per week shall not be permitted to work in excess of an average of
forty hours per week during any one month, nor more than 48 hours
in any one week. Employees engaged in an executive, managerial
or supervisory capacity who receive $35.00 per week, or more, are
not subject to any hourly limitations. The maximum hours shall not
apply in cases of emergencies or repairs where safety of life-or
health or protection of property necessitates longer hours.
ATIICLE IV. Wages.-In the Mining Division the minimum rate
for totally unskilled or common labor shall not be less than 40#
per hour above ground or 471/2 per hour underground. The mini-
mum wages for employees engaged in the processing of products or
any labor incident thereto shall be 35 per hour for the Lead Smelt-
ing and Refining Division, 40# for the Lead Pigments Division, and
350 for the Metallic Lead Products and Metallic Lead Foil Products
Division, provided that as to the Smelting and Refining Division
in the Southern District the minimum hourly rate shall be 300 per
hour. The minimum rates for the several divisions named are in
nccild with those established in approved codes of related industries.
The minimum rates provided for hereinabove shall be construed as
the hiring rates applying to totally unskilled or common labor both
above and below ground in the mining divisions, and totally un-
skilled or common labor in the other divisions of the Industry.
The established minimum rate of pay for the work performed in
any pay period shall apply irrespective of whether an employee is
actually compensateil on a time rate, piece rate, or other basis. Pro-
vision is also made for the employing of handicapped persons. No
per-on employed in clerical or office work shall be paid less than
at the rate of $15.00 per week, except that office boys and girls and
messengers may be paid at a rate not less than 80% of the minimum
paid office employees.
A IRTICLE V. General Labor Provisions.-Provides that no person
under 18 years of age shall be employed except in clerical, office,
sales, service, technical and engineering departments, and no person
under 16 years of age shall be employed in any capacity. This Arti-
cle also sets forth the mandatory provision respecting the rights of
employees to organize and bargain collectively. This Article also
provides for matters having to do with reclassification of employees,
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. Administration.-Establishes a Code Authority con-
sisting of the members of the Executive Committee of the Lead In-
dustries Association, the Secretary of said Association, and such di-
vision chairmen who have respectively been elected to such office by
suchl divisions in an equitable manner, approved by the Administra-
tor, so as to be truly representative of such divisions respectively,
and who are not members of the Executive Committee; in addition
to ImeIber.i'ship as above provided there may be one to three members,
without vote and without compensation by the Industry, to be ap-
poiinted by the Administrator to serve for such terms from the date
of appointment as he may specify. On the effective date of this
Code the voting mclmbers of the Code Authority shall consist of






361


eleven members, but such number is subject to variation due to the
contents of the foregoing provisiu;n.
ARTICLE VII. Sets forth the Trade Pract ice Rules for the Lead
Pigments Division, and also sets forth open price schedules which
are effective immediately after filing.
ARncLE VIII. Sets forth the Trade Practice Rules for the Metallic
Lead Products Division.
ARTICLE IX. Sets forth the Trade Practice Rules for the Metallic
Foil Products Division.
ARTICLE X. No provision of this Code relating to price or terms
of selling, shipping or marketing. shall apply to export trade or
sales or shipments for export trade, or transactions in the foreign
commerce of the United States.
ARTICLE XI. Sets forth the application of this Code to operations
with other Codes wherein other metals are produced.
ARnTCLE XII. Makes provision for modifications of this Code.
ARTICLE XIII. No provision of this Code shall be so applied as
to promote monopolies or monopolistic practices, or to eliminate,
oppress, or discriminate against small enterprises.
ARTICLE XIV. Covers the effective date.
There are also appended to this Code and made a part thereof
conditions for sale of lead oxides in lots less than twenty tons and
lots of at least twenty tons. and also conditions of sale for basic lead
carbonate (dry white lead).
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of In-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of Industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating Industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major Industry.
(c) The Code as approved complies in all respects with the perti-
nent. provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant Asso-
ciation is an Industrial Association truly representative of the afore-
said Industry; and that said Association imposes no inequitable
restrict :ins on admission to membership therein.
2288"---S44-140----34-2






362

(d) The Code is not designed to and will not permit monopolies
or iiionlopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, this Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 24, 1934.









CODE OF FAIR COMPETITION FOR THE LEAD
INDUSTRY

ARTICLE I-PURPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Lead Industry and its provisions shall be the standards of
fair competition for such Industry and are binding upon every
member thereof.
ARTICLE II-DEFINITIONS

Wherever used in this Code, or any supplement appertaining
thereto, the terms enumerated in this Article shall have the meanings
herein defined unless the context shall otherwise clearly indicate.
SECTION 1. The terms President ", "Act ", and "Administrator"
mean respectively the President of the United States, Title I of the
National Industrial Recovery Act, approved by the President June
16, 1933, and any amendments thereto, and the Administrator for
Industrial Recovery.
SECTION 2. The term Member of Industry" includes all those en-
gaged in the Industry either as an employer or on his or its own
behalf.
SECTION 3. The term "Employee" means and includes anyone
engaged in the Industry in any capacity receiving compensation for
his services, irrespective of the nature or method of payment of such
compensation, except a member of the Industry.
SECTION 4. The term Employer means and includes anyone by
whom any such employee is compensated or employed.
SECTION 5. The term "Apprentice" as used herein means an
individual (usually a minor), bound by indenture, executed in com-
pliance with the laws of the state where the service provided for
therein is to be performed, to serve an employer for a term of years
at a predetermined wage, for the period of the indenture in order to
learn a trade, art or craft.
SECTION 6. The term "Industry" as used herein includes the
mining of lead ore and/or the concentrating thereof, the smelting
of lead ore, and/or lead concentrates, and/or lead bearing scrap, the
refining of lead and/or lead bearing scrap, and/or dresses, the
manufacturing of pig lead, antimonial pig lead, lead pigments,
metallic antimony, metallic lead products, allied products defined
hereinafter as metallic lead products" and/or metallic foil prod-
ucts ", and the original sale of such products by the member of
Industry producing or manufacturing the same either directly or
indirectly through subsidiary and/or affiliated companies.
(a) Lead Ore and Lead Concentrates as used herein is defined
to mean ore and the concentrates thereof, containing lead as the
principal commercially recoverable constituent.
(b) "Lead Mining as used herein is defined to mean the mining
and concentrating of lead ore and any further beneficiatio- thereto
prior to the shipment to the smelter.
(363)






364


(c) Lead Smelting and Refining as used herein is defined to
mean nmeitallurgical and/or chemical treatment of lead ore, lead con-
centrates, lead bearing scrap, and/or dresses, and/or any other lead
bearing iimnateril into Pig Lead ", and/or Antimonial Pig Lead."
(d) ?Antimonial Pig Lead ".-Inasmuch as antimony is a com-
mon constituent of most lead ores and a by-product of Lead Mining
and Smelting and Refining-metallic antimony and antimonial alloy
products antimoniall pig lead) shall be included within the provi-
sions of this Code.
(e) "Lead Pigments" as used herein is defined to mean basic
carbonate white lead (dry or in oil), basic lead sulphate (dry or in
oil), litharge, red lead (dry or in oil), orange mineral or any other
lead oxides, with or without metallic lead content.
(f) Metnllic Lead Products as used herein is defined to mean
extruded, rolled, cast or otherwise fabricated lead or lead alloy
products (except storage battery plates and lead covered cable),
produced by Members of Industry and kindred products of metallic
tin and tin alloy, or other metal or metal alloy products, which are
produced by the same Members of Industry on the same type of
machinery and under similar labor and fabricating conditions.
(g) Metallic Foil Products as used herein is defined to mean
lead and/or tin, and/or zinc, or their alloys, or combinations thereof,
rolled to a thickness of .006 of an inch or less, whether attached
or affixed to other materials or not.
SECTION 7. The term Division as used herein includes re-
spectively the several parts of the Industry as enumerated below:
1. Lead Mining Division
2. Lead Smelting and Refining Division
3. Lead Pigments Division
4. Metallic Lead Products Division
.5. Metallic Foil Products Division
and such other and further divisions as may hereafter be created
pursuant to the provisions of this Code.
SErCTio 8. The term "Association" as used herein includes the
"Lead Inlustries Association", an unincorporated membership
society organized under the laws of the State of New York and
having its principal office at 420 Lexington Avenue, New York
City, and such other trade associations as may hereafter participate
in the activities under this Code or in the selection of the Code
Authority.
SECTION 9. The term Executive Committee as used herein shall
mean the Executive Committee of the Lead Industries Association.
SECTION 10. The term Secretary" as used herein shall mean
the Secretary of the Lend Industries Association, who also shall be
the Secretary of the Code Authority.
SEC:ION 11. The term Southern District" as used herein shall
inrludel the States of Texas, Mississippi, Alabama, Louisiana and
Florida.
ARTICLE III-HOURS or LABOR
.MAXIMUM HOURS
SEc' ON 1. No employee shall be permitted to work in any divi-
sion of the Industry in excess of forty (40) hours per week, or in






365


excess of eight (8) hours in any twenty-four (24) hour period excclpt
as herein otherwise provided. A normal work day shall not exceed
eight (8) hours.
The interpretation of the eight (8) hour provision for the Mining
Division in each state shall be in accordlance with any laws of such
state pertaining to the eight (8) hour day on mining operations.
The Code Authority shall study the operation of the eight (8)
hour provision for the Mining Division and not later than ninety
(90) days from the effective date shall report fully to the Admin-
istrator the results of such study. The Administrator may, at his
discretion, appoint an impartial investigator who shall review the
conditions in the Mining Division of the Industry concerning the
operation of the eight (8) hour provision and shall report thereon
to the Administrator not later than ninety (90) days from the effec-
tive date and forward a copy of such report to the Code Authority.

HOURS FOR CLERICAL AND OFFICE EMPLOYEES

SECTION 2. 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. A normal work day shall
not exceed eight (8) hours.
EXCEPTIONS AS TO HOURS

SECTION 3. The limitation as to hours of labor as specified in
Sections 1, 2 and 4 of this Article III 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 (1%) times the normal wage rate for any employee so
employed shall be paid for all hours worked in excess of forty (40)
hours in any one (1) week.
(b) Nor in the case of the Mining Division shall it apply to hoist
men, power house men, or pump men, provided the total working
hours of such employees shall not exceed forty-eight (48) hours in
any one (1) week.
(c) Nor to employees receiving not less than Thirty-Five (35)
Dollars per week in a managerial, executive or supervisory capacity,
or to technical staffs; nor to outside sales or service employees.
(d) Watchmen may be permitted to work fifty-six (56) hours in
any one (1) week period, provided that such employees shall have
at least one (1) day's rest in each seven (7) day period.
(e) There may be a tolerance of 10% additional hours over the
forty (40) hours in any one (1) week for employees engaged in the
preparation. care and maintenance of machinery and production fa-
cilities, stock and shipping clerks and truckmen engaged in outside
delivery and pick-up service; provided, however, that at least 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 forty (40)
hours in any one (1) week, or eight (8) hours in any one (1) day.






866


(f) The limitation as to maximum hours of work shall not apply
to very special cases where restriction of hours of labor of skilled
workers in continuous processes would unavoidably reduce or inter-
rupt production because of demands inherent and peculiar within
the proceess itself provided, however, that such employees in such
special cases shall not work more than forty-eight (48) hours in any,
one week, and provided that in such special cases at least one and
one-half times the normal wage rate shall be paid to any employee
so employed for hours worked above forty (40) hours per week, or
eight (8) hours per day. Such special cases, however, shall be
reported to the Code Authority. The limitation of hours does not
apply where one employee is acting in temporary relief for a fellow
employee in continuous processes.
(g) During any period in which a concentrated demand upon any
division of the Industry, except mining, shall place an unusual and
temporary burden for production work upon its facilities or to meet
seasonal peak requirements or emergencies, an employee of any such
division may be permitted to work not more than forty-eight (48)
hours per week in not more than six (6) weeks in six (6) months of
any calendar year, provided that not less than one and one-half
times the normal wage rate shall be paid to any employee so em-
ployed for hours worked above forty (40) hours per week or eight
(8) hours per day. All such overtime worked shall be reported to
the Code Authority.
STANDARD WEEK

SECTION 4. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.

EMPLOYMENT BY SEVERAL EMPLOYERS

SECTION 5. No employer shall knowingly permit any employee to
work for any time which, when totalled with that already performed
with another employer or employers in this Industry, exceeds the
maximum permitted herein.

ARTICOL IV-WAGES

MINIMUM

SECTION 1. The minimum wage for each division of this Industry
shall be as follows:

Cents per hour

Under-
Surface Undr
ground

1. Lead mining division....----... ......-------------------............... 404 47)(
2. Lead smelting and refining division -------.-----------------------------.. 35 ....------
3. Lead pigments division-----.......----------------.--.........---------. 40 ......
4. Metallic lead products.division .----...-------.----........ .-----........ 35 --------
6. IMetallic foil products division.......-- ................---------- --------.. 35--- -----






367


provided that, as to the Smelting and Refining Division, in the
Southern District, the minimum hourly rate shall be thirty (30)
cents per hour. Minimum wages in all divisions of the Industry in
effect on July 1st, 1933, which were above the minimum specified,
shall in no case be reduced.
The minimum rates provided for hereinabove shall be considered
as the lowest hiring rates applying to totally unskilled labor or
common labor above ground in the Mining Division and totally
unskilled labor or common labor in the other divisions of the Indus-
try. In the Mining Division, the minimum hiring rate for under-
ground common labor shall be not less than forty-seven and one-half
(47/2) 'cents per hour. Other classes of labor shall be compensated
at rates above such minimums.

CLERICAL AND OFFICE EMPLOYEES

SECTION 2. No accounting, clerical, office, sales, or service em-
ployees shall be paid less than Fifteen (15) Dollars per week of
forty (40) hours; provided, however, that office boys and girls and
messengers may be paid at a rate not less than 80% of such mini-
mum, and provided further that the number of such boys and girls
and messengers so paid shall constitute not more than 5% of the
total number of such employees of any one (1) office of any one
(1) employer, but in any case each employer shall be entitled to
at least one (1) such employee. Part time employees shall be
paid an hourly rate which shall not be less than the pro rata amount
of the wages specified hereinabove.

PIECEWORK COMPENSATION-MINIMUM WAGES

SECTION 3. This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piecework, or other basis.

FEMALE EMPLOYEES

SECTION 4. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees, and, when they displace male employees they shall receive
the same rate of pay as the men they displace.

WAGES ABOVE THE MINIMUM

SECTION 5. Equitable adjustments in all pay schedules of em-
ployees above the minimum fixed in this Code shall be made within
thirty (30) days after the effective date of this Code by any employer
who has not heretofore made such adjustments under the National
Industrial Recovery Act. In no event however, shall hourly rates
be reduced. Within sixty (60) days after the effective date of this
Code, each member of the Industry shall make a report of such ad-
justments whether made prior to or subsequent to the date of
approval of this Code to the Code Authority.







368


HANDICAPPED PERSONS

SECTION 6. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be em-
ploylvd on light work at a wage below the minimum established by
this Code if the employer obtains from the State Authority, desig-
nlated 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 th United States Department of Labor
in issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him, showing the wages paid to, and the maximum hours of work
for such employee.
APPRENTICES

SECTION 7. Employment of apprentices at rates of compensation
below the minimum provided herein shall be permitted where they
are apprenticed to an employer by an indenture made pursuant to
the laws of the state in which such service is to be performed, under
any apprentice system established and maintained by such employer,
provided such indenture agreements are filed with the Code Author-
ity. Employers shall not be allowed to have apprentices exceeding
5% of the total number of skilled craftsmen of their special class,
except that each employer shall be entitled to employ at least one
such employee. In no case shall an apprentice be paid less than the
minimum wage provided in Section 1 of Article IV in states which
do not have laws governing apprentices.

PAYMENT OF WAGES

SECTION 8. An employer shall make payment of all wages in law-
ful currency, or by negotiable check therefore, payable on demand.
These wages shall be exempt from any payments for pensions, in-
surance or sick benefits other than those voluntarily paid by the
wage earners or required by the State Laws. Pay periods for wages
shall be at least semi-monthly and for salaries at least once per
month. Employers shall not withhold wages except as otherwise
provided for by law.

ARTICLE V-GENER~A LABOR PROVISIONS

CHILD LABOR

SECTION 1. On and after the effective date of this Code, no per-
son under 18 years of age shall be employed in the Lead Industry
except in clerical, office, sales, service, technical and engineering
departments, and no person under 16 years of age shall be employee'
in any capacity. In any state, an employer shall be deemed to have
complied with this provision as to nue of employees if he shall have
on file a certificate or permit duly signed by the Authority in suct
state empowered to issue employment or age certificates or permits
showing that the employee is of the required age.







369


PROVISIONS FROM THE ACT

SECTION 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint.. or coercion of
employers of labor, or their agents, in the designation of such rep-
resentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
(b) 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, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.

RECLASSIFICATION OF EMPLOYEES

SECTION 3. No employer shall reclassify 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.

STANDARDS FOR SAFETY AND HEALTH

SECTION 4. Every employer shall make reasonable provision for the
safety and health of his employees at the place and during the hours
of their employment. Standards of safety and health for each divi-
sion of the Industry shall be submitted to the Administrator by
the Code Authority within six (6) months after approval of this
Code.
STATE LAWS

SECTION 5. No provision in this Code shall supersede any State or
Federal Law which imposes on employers more stringent require-
ments 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.

POSTING

SECTION 6. All employers shall post and keep posted complete
copies of this Code and all amendments thereto in conspicuous places
accessible to employees.

COMPANY TOWN AND STORES

SECTION 7. Employees other than maintenance or supervisory men,
or those necessary to protect property, shall not be required as a
condition of employment, to live in homes rented from the employer.
No employee shall be required as a condition of employment, to trade
at a store owned or specified by an employer.






370


DISMISSAL FOR COMPLAINT

SECTION 8. No employee shall be dismissed by reason of making
a complaint or giving evidence with respect to a violation of a Code.

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
AUTHORITY

ORGANIZATION AND CONSTITUTION

SECTION 1. A Code Authority is hereby constituted and shall con-
sist of the members of the Executive Committee of the Lead Indus-
tries Association, the Secretary of said Association, and such division
chairmen who have respectively been elected to such office by such
divisions in an equitable manner, approved by the Administrator
so as to be truly representative of such divisions respectively, and
who are not members of the Executive Committee. In addition to
membership as above provided there may be one to three members,
without vote and without compensation by the Industry, to be ap-
pointed by the Administrator to serve for such terms from the date
of appointment as he may specify. On the effective date of this
Code the voting members of the Code Authority shall consist. of
eleven members but such number is subject to variation due to the
contents of the foregoing provision. It is contemplated that supple-
mentary codes of fair competition not inconsistent with this basic
Code will be adopted for each division of the Industry. When and
if such supplementary codes are submitted and approved they shall
contain provisions for a Divisional Code Authority selected in an
equitable manner so as to be truly representative of such division of
the Industry subject to the approval of the Administrator, to admin-
ister the provisions of this basic Code which relates to such division,
and the provisions of such supplementary Code, and in addition this
basic Code Authority may delegate such of its powers and duties as
it deems necessary to such division Code Authority of such supple-
mentary Code, provided, however, that any interested party shall
have a right of appeal from any act or decision of such divisional
Code Authority to the Code Authority of this basic Code.
SECTION 2. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall, (1), impose no inequitable restrictions on membership and,
(2), submit to the Administrator true copies of its Articles of Asso-
ciation, By-Laws, Regulations and any amendments when made
thereto, together with such other information as to membership,
organization and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
SEInu, N 3. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper, and thereafter, if he shall
find that any basic Code Authority or divisional Code Authority is
not truly representative or does not in other respects comply with
the provisions of the Act, may require an appropriate modification
in the method of selection of such Code Authority.






371


SECTIoN 4. Members of the Industry shall be entitled to partici-
pate in and share the benefits of the activities of the Code Authority
and to participate in the selection of the members thereof by assent-
ing to and complying with the requirements of this Code and sus-
taining their reasonable share of the expenses of its administration.
Such reasonable share of the expenses of administration shall be
determined by the Code Authority, subject to review and approval
by the Administrator, on the basis of volume of business and/or
such other factors as may be deemed equitable.
SEcaION 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to anyone for any act. of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful misfeasance or nonfeasance.
roWERS AND DUTIES

SECTION 6. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
further powers and duties, the exercise of which shall be reported
to the Administrator and shall be subject to his right, on review, to
disapprove, after such hearing as he may prescribe, any action taken
by the Code Authority. If the Administrator shall determine at
any time that any action of the Code Authority or any agency thereof
is unfair or unjust or contrary to the public interest, the Adminis-
trator may require that such action be suspended to afford an oppor-
tunity for investigation of the merits of such action and further
consideration by such Code Authority or agency pending final action
which shall not be effective unless the Administrator approves or
unless he shall fail to disapprove after thirty days' notice to him
of intention to proceed with such action in its original or modified
form.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions
of the Act, subject to such rules and regulations as the Administrator
may prescribe, and receive complaints of violations of this Code and
disputes arising thereunder, except as otherwise hereinafter provided
for in subsection (h) of this section, make investigations thereof
at their own instance, provide hearings thereon, adjust such com-
plaints and make such decisions as are necessary thereon and to
interpret the provisions of the Code and to bring violations of this
Code to the attention of the Administrator for prosecution, recom-
mendation and other action.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code. The Code
Authority shall promptly furnish to the Administrator true copies
of the by-laws, rules and regulations adopted pursuant to this
paragraph.
(c) To obtain from members of the Industry, through a con-
fidential agency, such statistical information and reports as are re-
quired for the administration of the Code and to provide for sub-






372


mission by members of the Industry of such statistical information
and reports as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act, which information and
reports shall be submitted by members of the Industry to such
Federal and/or State agencies as the Administrator may designate;
provided that nothing in this Code shall relieve any member of the
Industry of any existing obligations to furnish reports to any govern-
ment agency. No individual reports submitted to the Administrator
and/or such government agencies as the Administrator may desig-
nate, shall be disclosed to any other member of the Industry or any
other party except to such government agencies as may be directed
by the Administrator.
(d) 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 associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other Codes,
if any, as may be related to the Industry.
(f) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Code.
(g) To call meetings of any division of the Lead Industry to con-
sider control of production through voluntary agreement, and to
recommend to the Administrator such measures as have been volun-
tarily agreed upon covering fair trade practices, industrial planning
and production control, including stabilization of employment and
conservation of natural resources.
(h) Within ninety days after the effective date of this Code, the
Code Authority shall submit to the Administrator for his approval
a plan for the establishment of a National Industrial Relations
Board for the Industry, consisting of an equal number of repre-
sentatives of employers and employees. Provision shall be made in
such plan for division of the country into districts and the creation
of regional industrial relations boards to comprise an equal number
of representatives of employers and employees truly representative
of such districts. The creation and functioning of these boards, in-
cluding the selection of representatives of employees, shall be in
accordance with Section 7 of the Act. Provision shall also be made
for the appointment of an impartial person on each board, national
and regional, to vote only where such board is unable to render a
majority decision. This plan shall, provide that the regional boards
shall have the authority to hear and adjudicate all complaints and
disputes arising out of Articles III, IV and V of the Code, and the
National Industrial Relations Board shall pass on all appeals from
the regional boards solely on the basis of the record as certified by
tlit. Regional Boards to the National Indulstrial Relations Board.
Before any such plan is approved, it shall be submitted to the Labor
Advisory Board of the National Recovery Administration for their
consideration and recommendations. The Administrator shall have
the right, after such notice and hearing as he may specify, to review,







373


disapprove or modify such plan and the plan shall become effective
as a part of this Code when and as approved by him.
ARTICLE VII-TRADE PRACTICE RULES FOR LEAD PIGMENTS DIVISION

SECTION 1. The following described acts shall be deemed unfair
competition for Division 3 (Lead Pigments), and shall constitute a
violation of this Code:
(a) Misbranding or misrepresentation of lead pigments.
(b) 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 representative of
another in relation to the business of the employer of such employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal or party. This commercial
bribery provision shall not be construed to prohibit free and general
distribution of articles commonly used for advertising, except so far
as such articles are actually used for commercial bribery as herein-
above defined.
(c) Inducing or in any manner attempting to induce a breach,
default or cancellation of a contract between a competitor and his
customer during the term of such contract.
(d) Guaranteeing for a definite time the life and/or service of lead
pigments.
(e) Making false and derogatory statements with respect to the
prices, policies, products, practices, business or credit of any com-
petitor.
(f) No merchandise shall be sold at a concession, or used as an
inducement, to influence the sale of any lead products, nor shall any
concession be given in the price or terms of sale of a lead product to
influence the sale of any other merchandise.
SECTION 2. Each member of the Industry engaged in the manu-
facture and sale of lead pigments shall file with the Secretary within
ten (10) days after the effective date of this Code, a list of the prices
at which his products will be sold and a memorandum of any of his
conditions of sale at variance with those set forth in Schedule "A"
attached hereto and which is made a part hereof. Any change in
prices or conditions of sale shall be reported to the Secretary in such
manner as to reach his office within twenty-four (24) hours after the
effective date of such change. Any member making a sale or quota-
tion, which does not conform to the basis he then has on file, shall
notify the Secretary in detail by letter mailed within twenty-four
(24) hours. The information supplied the Secretary shall be re-
issued immediately to the reporting members.
SECTION 3. Each member of the Lead Pigments Industry, as de-
fined in Article II, shall subriit promptly to the Secretary the
following periodic reports for compilation and reissuance in such
manner as may be determined by the Division:
(a) Monthly reports of total production.
(b) Stocks on hand of finished merchandise at the beginning of
each month.
(c) Monthly reports of total shipments.







374


AItTICLE VIII-TRADE PRACTICE RULES FOR META~Iau LEAD PRODUCTS
Division
DIVISION

Section 1. The following described acts shall be deemed unfair
competition for Division 4 (Metallic Lead Products), and shall con-
stitute a violation of this Code:
(a) No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent or the represented party, without
the knowledge of such employer, principal or party. This com-
mercial bribery provision shall not be construed to prohibit free
and general distribution of articles commonly used for advertising,
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
(b) Making allowance for sales promotion and advertising in
excess of actual amount expended, or making excessive expenditures
on behalf of or for the benefit of a customer.
(c) Misbranding or misrepresenting the percentage or quality of
various metals in any products.
(d) No member of the Division shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise.
(e) Accepting orders guaranteed against a decline in price.
(f) Making false and derogatory statements with respect to com-
petitors' prices, policies, products, practices, business or credit.
(g) Giving any other product at a concession in price or giving it
away free, in order to influence the sale of any lead product.
(h) Changing prices after the award of a contract and specifically,
but without limitation, canceling any undelivered portion of a con-
tract for the purpose of effectuating a new contract with the buyer
when the purpose of such cancelation is to create an unfair price
advantage for a Member of Industry.
(i) Contracting for unspecified quantities at a fixed price or giv-
ing options at fixed prices for unspecified quantities.
(j) Inducing or in any manner attempting to induce a breach,
default or cancellation of a contract, between a competitor and his
customer, during the term of such contract.
(k) Taking back obsolete material or material damaged not by
the vendor's fault at any value other than its value as secondary
material.
SErrIoN 2. The following unfair trade practices apply to the Type
Metal Business only:
(a) Attaching drum tags to competitors' dross drums without
receiving authority to do so from the prospect or customer.
(b) Failing to return competitors' drums to their owner within a
period not exceeding thirty days from time of their receipt.






375


ARTICLE IX-TRADE PRACTICE RULES FOR METALLIC FOIL PRODUCTS
DIVISION

SECTION 1. The following described acts shall be deemed unfair
competition for Division 5 (Metallic Foil Products) and shall con-
stitute a violation of this Code:
(a) No member of the Division shall publish untruthful adver-
tising nor shall any member in any way misrepresent any goods or
credit. terms.
(b) No member of the Division shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it inac-
curate in any particular.
(c) No member of the division shall secretly offer or made any
payment or allowance of a rebate, refund, commission, credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise.
ARTICLE X-ExPORT 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, or transactions in the foreign commerce of
the United States.
ARTICLE XI-APPLICATION OF CODE TO OPERATIONS WHEREIN OTHER
METALS ARE PRODUCED
SECTION 1. If any member of the Industry is also a member of any
other Industry, provisions of this Code shall apply only to that
portion of its business which is a part of the Lead Industry.
SECTION 2. Where there is any question as to whether lead is the
major production from the operations which do or which might pro-
duce lead, zinc, copper, gold, silver or other materials. then in any
and every such event the question as to which Code of Fair Compe-
tition shall govern such operations of any such member of this In-
dustry, shall be referred to a Coordination Committee. This Coor-
dination 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 Commit-
tee is unable to reach a majority conclusion, then either the Commit-
tee shall elect an additional impartial member or upon their failure
so to agree on such additional impartial member, the Administrator
then may appoint such additional impartial committee member. Any
member of the 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 statement shall contain a statement of its
preference as to the Code it would prefer to have such operations be
governed by, and such preference shall be granted unless such Coor-
dination 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. Any
action taken by the Coordination Committee shall be referred to the
Administrator and shall be subject to his disapproval.






376


SECTION 3. Within ten (10) days after the effective date of this
Code, any member of this Industry may file such a statement of fact
and preference as to being governed by any of such other Codes
which may at that time be in effect. Thereafter upon any such
other Code becoming effective, such statement may then be filed;
provided, however, that until any such statement is filed and decision
is made thereon by such Coordination Committee, such 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
members of this Industry shall be entitled to file such statements o
fact and preference as to change of a portion of their operations
from the jurisdiction of one Code to the jurisdiction of another, and
in such event they shall be handled in the same manner as pro-
vided for above.
SECTION 5. The foregoing Sections 1 to 4 inclusive of this Article
XI, shall not be effective until Codes of Fair Competition for the
copper and zinc industries, containing an Article substantially the
sa me as this Article XI, 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 XIII-MONOPOLIES

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 regu-
lation issued under said Act and specifically, but without limitation,
to the right of the President to cancel or modify his approval of this
Code or any conditions imposed by him upon his approval hereof.
SECTION 2. Such of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
Administrator, be amended as provided in Section 3 hereof, in such
manner as may be indicated by the needs of the public, by changes
in circumstances, or by experience; all the provisions of this Code,
unless so modified or eliminated, shall remain in effect until the
expiration of Title I of the Act.
SECTION 3. An amendment to this Code or any Codes supplemental
thereto affecting or pertaining to the several divisions of the Lead
Industry, may be proposed by any interested party either to the
divisional Code Authority, the Basic Code Authority, or directly by
or to the Administrator. All such proposed amendments shall be
referred to the division affected or interested and then shall be sub-
mitted by said division to the Basic Code Authority, who shall give
Members of the Industry an opportunity to be heard thereon, and
thereafter the Code Authority may make such recommendations
thereon as are deemed proper; provided, however, that when ap-
proved by the Administrator as necessary to effectuate the policies
of the Act, after such notice and hearing as he may prescribe, any
proposed amendment shall thereupon become effective as a part of
this Code.







377

Ar'rInc XIII-MoNOPOrTES

No provision of this Code shall be so applied as to promote
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against simill enterprises.

ARTICLE XIV-EFFECTWIE DATE

This Code shall become effective beginning the second Monday
after its approval by the Administrator.
SApproved Code No. 442.
Registry No. 1217-8-01.
















SCHEDULE A


ARTICLE I-CONDITIONS FOR SALE OF LEAD OXIDES IN LOTS OF LESS THAN TWENTY
TONS
Tows

A Sale" or Order" as used herein includes any transaction whereby
a Member of the Industry makes a quotation on, or becomes obligated to sell
and deliver material.
B. Whatever terminology may be used, the intent and meaning thereof shall
conform to the following requirements of sale:
(1) Material.-Dry Oxides of Lead, or mixtures consisting principally
thereof, each grade of material to be specifically- designated.
(2) Quantity.-Any amount as agreed between Buyer and Seller.
(3) Packages.-As agreed between Buyer and Seller. Special packages re-
quired by Buyer shall be charged for according to cost.
(4) Price.-(a) Seller's card or quoted price in effect on date order is
received with allowance as follows:
(1) Not more than one-half cent (%f) per pound for minimum ship-
ment of five (5) tons for one buyer at one time to one destination.
(b) EmrrgcQncy shipments of smaller quantities may be made at the 5-ton
price only to a customer for whom the Seller has a 5-ton order on hand for the
same material for immediate shipment, or five (5) tons en route to the same
destination.
(c) No protection against decline in Seller's price may be given.
(d) Red Lead containing ninety-seven per cent (97%) or ninety-eight per
cent (98%) PbO. shall be so marked on the package and shall be sold at not
less than one-quarter cent (1/0) and one-half cent (%'g) per pound, respectively,
over Seller's price for grades of lower Pb3aO content.
(5) Delivery.-F.O.B. cars Seller's shipping point, or by truck F.O.B. Buyer's
premises.
(6) Trisla.portftion Allowance.-(a) Since transportation is included in the
Seller's price, the actual freight paid by Buyer shall be allowed as deduction.
No c:nrt .il-:g allowance shall be made to Buyer for use of his own truck.
(b) If shipment is made by Buyer's boat, Seller may allow actual amount
he would have paid for like transportation at minimum published tariffs in
effect on date of shipment.
(7) Shipment.--Shall be made at least within thirty (30) days from date
order is received.
(8) Terms.-Net thirty (30) days, less one per cent (1%) for cash in ten
(10) days from date of shipment.
(9) Ta.res.-Any tax or other charge imposed by Federal Law upon the
production and/or sale and/or shipment of Lead Oxides shall be added to
the price to be paid by the Buyer on any transaction to which such charge is
applicable.

ARTICLE II-CONDITIONS FOR SALE OF LEAD OXIDES IN LOTS OF AT LEAST TWENTY
TONS

A. Sale" or Order" as used herein refers to any transaction whereby 4
Seller quotes on or becomes obligated to deliver material.
B. Whatever terminology may be used, the intent and meaning thereof shall
conform to the foi.llow\vi requirements of sale:
(1) Material.-Dry Oxides of Lead, or mixtures consisting principally
thereof, each grade of material to be specifically designated.
(2) Quantity.-As agreed between Buyer and Seller; provided, that each
order or release shall be an amount not less than twenty (20) tons to one
destination and for account of not more than one Buyer.
(3) Period.-As specified.
(878)







379

(4) Packa9nre.-As agreed between Buyer and Seller. Special packages re-
quired by Buyer shall be charged for according to cost.
(5) Price.-(a) Shall he determined by adding a differential, as u t-eed upon
by Buyer and Seller, to the price of common Lead at New York, the Lead price
applying to each order to be specified by the Buyer at the time order is placed,
as:
(1) The American Smelting & Refining Company's quotation at the close
of the market on the day the order is received by Seller

or

(2) The American Smelting & Refining Company's quotation at the close
of the market on a future date definitely agreed upon by Buyer and Seller
when order is accepted
or

(3) The average quotation, as reported in one of the publications known
as the American Metal Market and the Eugineering & Mining Journal, for a
future period definitely agreed upon by Buyer and Seller when the order is
accepted. If the Lead price is determined by the method herein outlined,
Seller must require Buyer to specify before the beginning of the governing
period the exact quantity of material to be priced in this manner. Deferred
shipments shall be billed on the basis originally applicable thereto. Addi-
tional quantities required during the governing period shall be considered
as new orders and shall be priced in accordance with (1) or (2) above.
(b) Emergency shipments of smaller quantities may be made on the twenty
(20) ton price basis only to a customer for whom the Seller has a twenty (20)
ton order on hand for the same material for immediate shipment or twenty
(20) tons en route, to the same destination.
(c) No protection against decline in Seller's price may be given.
(d Red Lead containing ninety-seven per cent (97%) or ninety-eight per cent
(98%) PbaO4 shall be so marked on the package and shall be sold at not less
than one-quarter cent (%3) and one-half cent (1/2) per p.uind, respectively,
over Seller's price for grades of lower Pbi0O content.
(6) Delirery.-(a) F.O.B. cars Seller's shipping point

or

(b) 1jy truck complete within three (3) days, F.O.B. Buyer's premises.
(7) Trainsporlltion Allowance.-(a) Since transportation is included in the
Seller's price, the actual freight paid by Buyer shall be allowed as a deduction.
No cartage allowance shall be made to Buyer for use of his own truck.
(b) If shipment is made by Buyer's boat, Seller may allow actual amount he
would have paid for like transportation at minimum published tariffs in effect
on dl:ite of -himi;-1et.
(8) Sliipmrfnt.-Shall be made at least within sixty (00) days from,
(a) The date on w\ hirh the price of pig lead governs the sale,

or

(b) The beginning of the period during which the average price of Pig Lead
governs the sale.
(9) T, rins.-Net thirty (30) days.
(10) Tax.re.-Any tax or other charge imposed by Federal Law upon the
production and/or sale and/or !.hipment of Lead Oxides shiall be added to the
price to be paid by the Buyer on any transaction to which such charge is
applicable.

ABTCLm III---ConDrrIoNs FO SALE OF BASIC LEAD CARBONATE (DuY WHIrTE
LEAD)

A. "Sale" or "Order" as used herein includes any transaction whereby a
Member of the Industry makes a quotation on or becomes obligated to sell and
deliver material.
B. Whatever terminology may be used, the intent and meaning thereof shall
conform to the following requirements of sale:
(1) Quantity.--Any amount as agreed between Buyer and Seller.







380


(2) Pcrie~d.-As desired, to be specified.
(3) Packages.-As agreed between Buyer and Seller.
(4) Pric(--(a) Spot Srhlhs.-Seller's card or quoted price in effect on date
order is received.
(b) Contract Sales.-1. Seller's price on data contract is made with protec-
tion :ii:liiit advance or decline on the urinlliv\rel portion to the end of the
current calendar quarter.
2. On contracts <.ttiiidini' beyond the current calendar quarter, the price
applying to subsequent deliveries shall be seller's price in effect on the first
dliy of the calendar quarter in which they are made, with protection against
advance or decline on the uniillivered portion to the end of each quarter.
(c) Tle price for minimum t\vcnty (20) ton lots for one l:uy-er to one des-
tination. shipped by rail in one carln ad. or delivered by truck within a period
of three (3) days, shall be not more than one-quarter cent (%1) per pound
less than that charged for smaller quantities.
(d) Enmergn:icy shipments of smaller quantities may be made at the twenty
(20) ton price only to those customers for whom the Seller has a twenty (20)
ton order on hand for the same material for immediate shipment, or a carload
(twenty (20) tons) en route, to the same destination.
(5) Delivery.-F.O.B. cars Seller's shipping point, or by truck F.O.B.
Buyer's premises.
(6) Transportation Allowance.-Since transportation is included in the Sell-
er's price, the actual freight paid by Buyer shall be allowed as deduction.
No cartage allowance shall be made to Buyer for use of his own truck.
(7) Shipment-(a) Spot Sales.-Within thirty (30) days from date order
is received.
(b) Contract Sales.-Within the period covered by the contract.
(8) Terms.-Net thirty (30) days, less one per cent (1%) for cash in ten
(10) days from date of shipment.
(9) Taxes.-Any tax or other charge imposed by Federal Law upon the pro-
duction and/or sale and/or shipment of white lead shall be added to the price
to be paid by the Buyer on any transaction to which such charge is applicable.