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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 25, 1934
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Registry No. 1203-1-03
Approved Code No. 268-Amendment No. 1
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Approved Code No. 268-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
SECONDARY ALUMINUM INDUSTRY
As Approved on October 25, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
SECONDARY ALUMINUM INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of an amend-
ment to a Code of Fair Competition for the Secondary Aluminum
Industry, and NOTICE OF OPPORTUNITY TO BE HEARD,
Administrative Order 268-5, dated September 10, 1934, having been
published and no objection having been filed as provided in said
published notice, and the annexed report on said amendment con-
taining findings with respect thereto, having been made and directed
to the President.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate
by reference said annexed report and does find that said amendment
and the Code as constituted after being amended comply 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 amendment be and it is hereby approved, and the previous ap-
proval of said Code is hereby amended to include an approval of
said Code in its entirety as amended, such approval and such amend-
ment to take effect ten (10) days from the date hereof unless good
cause to the contrary is shown to the National Industrial Recovery
Board before that time and the said Board issues a subsequent order
to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
W. P. ELLIS,
Acting Division Admini'stratfor.
WASHINGTON, D. C.,
October 25, 1934.
93642 --1244-97-- 34 (1
REPORT TO THE PRESIDENT
The White House.
SIR: An application has been duly made pursuant to and in full
compliance with the provisions of the Nati onal Industrial Recovery
Act, for an Amendnfient to the Code of Fair Competition for the
Secondary Aluminum Industry, submitted by the Code Authority
for the said Industry.
The existing provision of Article VI, Section (e) of the Code for
the said Industry, is entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the amendment to Article VI of said Code, the provisions of which
closely follow the text of the above mentioned Orders, will overcome
the exist i:g inadequate provi.-ions.
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this mnat.ter:
We find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obit ruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of ind i-try for the purpose
of cooperative action among trade groups, by inducing and maintain-
ing united action of labor and mn1:m'iiiient, under adequate govern-
mental sanction ;nd s uelrvi:siin, by eliminating unfair competitive
practices, by promoting the fiuilt e possible utilization of the present
productive capacity of indi(-trlie-, by avoiding undue restriction of
production (ex.c(.pt as may be temporarily required), by increasi ng
the consumption of industrial and agricultural products through
incT'r:'sing purchI.siIng power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress silnll enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, we have approved this anm!!endment.
For the National Industrial Recovery Board:
G. A. LYNCH.
Administrative O/ 'cfer.
OCTOLBE 25, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE SECONDARY ALUMINUM INDUSTRY
Section (e), Article VI shall be stricken from the Code of Fair
Competition for the Secondary Aluminum Industry and the fol-
lowing inserted in lieu thereof:
SECTION (e). 1. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefore in its
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, (unless
duly exempted from making such contributions), shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Adminis-
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated m its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Section (g) (7) of Article VI shall be deleted and the numbering
of Section (g) (8) of Article VI shall be changed to read Section
(g) (7) of Article VI.
Approved Code No. 268-Amendment No. 1.
Registry No. 1203-1-03.
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