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Registry No. 1207-01
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
BRONZE POWDER INDUSTRY
AS SUBMITTED ON AUGUST 30, 1933
DO OUR PART
The Code for the Bronze Powder Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICz
WASHINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
THE ASSOCIATION OF BRONZE POWDER MANUFACTURERS
*' ?* .' ;* .
CODE OF FAIR COMPETITION FOR THE BRONZE
To effectuate the policy of Title I of the National Recovery Act,
the following provisions are established as a code of fair competition
for the bronze powder industry:
The bronze powder industry in this code comprises the manu-
facture of bronze powder and all powders of nonferrous metals
or its alloys, principally for use in the decorative arts.
The term industry" means the bronze powder industry as
The term "United States" means and includes the continental
The term President" means the President of the United States
Participation in this code and any subsequent revision of, or addi-
tion thereto, shall be extended to any person, partnership, associa-
tion or corporation, in the bronze powder industry.
Any member of the bronze powder industry may become a member
of the code by signing and delivering to the association a letter in
the form as annexed hereto and marked Exhibit I."
ARTICLE III--MINIMUM WAGE
On and after the effective date, the minimum wages of accounting,
clerical, office, shipping, or salaried employees shall not be less than
the following weekly rates:
In cities having 500,000 population or over, at the rate of $15.00
In cities having 250.000 and less than 500,000 population, at the
rate of $14.50 per week.
In cities or towns having less than 250,000 population, at the rate
of $14.00 per week.
In towns of less than 2,500 population, employers shall increase all
wages not less than 20%, provided that this shall not require wages
in excess of $12.00 per week.
Population for the purposes of this code shall be determined by
reference to the 1930 Census.
The minimum, wages of factory or mechanical workers or artisans
shall not be less than 40 cents per hour to adult male employees, or
less than 35 cents per hour to female employees and male employees
under 18 years of age, unless the hourly rate for the same class of
9443-33 ( 1
work on July 15, 1929, was less than 40 cents per hour, in which
latter case not to pay less than the hourly rate of July 15, 1929, and
in no event less than 30 cents per hour. It is agreed that this para-
graph establishes a guaranteed minimum rate of pay regardless of
whether the employee is compensated on the basis of a time rate or
on piecework performance; provided that casual and incidental
labor, apprentices and learners, or those employees incapable of full
productive effort because of old age or physical disability may be
paid not less than 80% of the minimum wage schedule, and the total
amount paid the above mentioned excepted employees shall not ex-
ceed in any calendar month 5% of the total wages paid by such
ARTICLE IV--HOURS OF LABOR
On and after effective date and so long as employees qualified for
the work shall be available in the localities where such work shall
be required, no employer in the industry shall cause or permit any
employee to work more than the following schedule of maximum
hours per week when averaged over a period of six months' time, but
in no one calendar week more than forty-eight hours:
40 hours per week for continuous and noncontinuous process opera-
The above hours shall not apply in the case of emergencies or
where the safety of the men or the preservation of the property
necessitates longer hours, nor shall they apply to employees in
executive, supervisory, technical, or sales capacities and their im-
mediate staffs, employees in any capacity who receive $35.00 per
week or more, engineers, firemen, watchmen, janitors, stock clerks,
shipping clerks, porters, and outside crews.
ARTICLE V-EMPLOYMENT OF MINORS
On and after effective date of this code, no employer of the bronze-
powder industry shall employ any person under 16 years of age.
For the purposes of this code, cost is defined as the total expense
borne by the manufacturer in the manufacture and sale of bronze
powder. In addition to total manufacturing cost, including de-
preciation, depletion, packages, replacement cost of raw materials,
and transportation thereof, it shall also include adequate allowances
for sales distribution and management costs, obsolescence, interest.
charges, all contingencies, necessary reserves, a fair return on the
capital employed in the business, etc., such as are now assumed by
the majority of the industry in the conduct of its business and is in
accordance with this code and with the principle of the Act.
ARTICLE VII-UNFAIR TRADE PRACTICES
The following shall be deemed to be unfair trade practices in the
1. Variations of openly and publicly announced prices and terms.
2. Secret allowances by way of discount, brokerage, storage, ad-
vertising, and guarantee against price decline.
3. Variations of openly announced grade or package differentials.
4. Delayed billings.
5. Rebates or other allowances by any name or of any nature.
6. Inducing or intending to induce a breach or a cancellation of a
contract between a competitor and his customer.
7. Giving of gratuities or special commissions to buyers, or re-
wards or payments to the employees of buyers or distributors, or
the lavish entertainment thereof.
8. Selling below cost.
ARTICLE VIII--GiNERAL PROVISIONS
Employees in this industry 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 repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
tion. No employee and no one seeking employment shall be re-
quired, as a condition of employment, to join any company union
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing. Employers of labor in this Industry
shall comply with the maximum hours of labor, minimum rates of
pay, and other conditions of employment, approved or prescribed by
It is clearly understood that the National Industrial Recovery
Act does not impair, in any particular, the constitutional rights of
the employee and employer to bargain individually or collectively
as may be mutually satisfactory to them, and it is further understood
that the plants of the Industry are open to capable workmen with-
out regard to their membership or nonmemblership in any labor
Nothing in this code is to prevent selection, retention, or advance-
ment of employees on the basis of their individual merit without
regard to their membership or nonmembership in any labor organi-
This code is not designed to promote monopolies and shall not be
availed of for that purpose. Furthermore, the provisions of this
code shall not be so interpreted and administered as to eliminate
or oppress small enterprises in this industry or to discriminate
If in the judgment of any member of the Code, party hereto, the
operation or effect of the National Industrial Recovery Act, either
through this agreement or in any other way, shall deprive such mem-
ber of the rights guaranteed to him or it by the Constitution of the
United States, the signing of this code shall not be considered to
have been a waiver of any such right.
To effectuate and administer the policies and purposes of thus
Code, the Association of Bronze Powder Manufacturers shall be
constituted the agency to administer this code.
ARTICLE X-CANCELLATIONS OR MODIFICATIONS
This code and all provisions thereof are expressly made subject
to the right of the President in accordance with Section 10(b) of
Title I of the National Industrial Recovery Act from time to time
to cancel or modify any order, approval license, rule, or regulation
of Title I of said Act.
ARTICLE XI-CHANGES, ADDITIONS, AND TERM
Such of the provisions of this code as are not required to be
included therein by the Act may, with the approval of the President,
be modified or eliminated as changed circumstances or experience
If any employer of labor in the Industry is also an employer of
labor in any other industry, the provisions of this code shall apply
to and affect only that part of his business which is included in the
This code shall become effective on the Monday following its
approval by the President.
All provisions of this code and any modification thereof shall cease
to be in effect after June 16, 1935, or sooner if th'e President shall, by
proclamation, or the Congress shall, by joint resolution, declare that
the emergency recognized by Section I of the Act has ended, or they
may be terminated by the affirmative vote of five members of the
It is the purpose and desire of the bronze powder industry to
comply fully with the provisions of the National Industrial Recovery
Act. The Bronze Powder Industry respectfully asks that this sub-
mission be received as a code of fair competition under Section 3(a)
of said Act and as an agreement under Section 4(a).
THE ASSOCIATION OF BRONZE POWDER MANUFACTURERS.
Submission and form of Code Approved:
FORM OF LETTER OF ASSENT TO THE CODE
AUGUST -, 1933.
To the ASSOCIATION OF BRONZE POWDER MANUFACTURERS.
99 Wall Srtreet, New York, N.Y.,
DEAR SIRS: The undersigned, desiring to become a member of the Code of
Fair Competition of the Bronze Powder Industry, a copy of which is annexed
hereto marked Annex A, hereby assents to all of the provisions of said Code
(hereinafter referred to as the Code). and effective as of the date on which
the Code shall have been approved by the President of the United States of
America as therein provided, or as of the date on which this letter shall have
been delivered, if delivery thereof shall have been made subsequent to the date
on which the Code shall have been approved by said President as aforesaid, by
the signing and delivery of this letter becomes a member of the Code and effec-
tive as aforesaid hereby agrees with every person, firm, association, and cor-
poration who shall then be or thereafter become a member of the Code, that
the Code shall constitute a valid and binding contract between the undersigned
and all such other members.
For all purposes of the Code the address of the undersigned, until it shall
file written notice of a change of such address, shall be as set forth at the foot
of this letter.
Very truly yours,
UNIVERSITY OF FLORIDA
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