Citation
Code of fair competition for the alloy casting industry as approved on January 30, 1934

Material Information

Title:
Code of fair competition for the alloy casting industry as approved on January 30, 1934
Portion of title:
Alloy casting industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
p. 563-573 : ; 24 cm.

Subjects

Subjects / Keywords:
Metal castings industry -- Law and legislation -- United States ( lcsh )
Alloys ( 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:
"Approved Code No. 237."
General Note:
"Registry No. 1201-1-02."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004931526 ( ALEPH )
646192180 ( OCLC )

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Full Text



Approved Code No. 237


Registry No. 1201-1-02


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

ALLOY CASTING INDUSTRY

AS APPROVED ON JANUARY 30, 1934












R
MEMBER





WE DO OUR PAR?




UNIV. OF FL LiB.
DOCU1 ..'7- '.T .:.



U.S. .EPQ-n^: ..

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1931


For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washingtou, 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.
Clhin-ag, Ill.: Suite 1706, 201 North Wells Street.
Clevel uind Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 Fir-t National Bank Building.
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Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
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New York, N.Y.: 734 Customhouse.
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Plil!lV1.llihia. Pa.: 422 Commercial Trust Building.
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.: 809 Federal fllice Biuilding.













Approved Code No. 237


COQE OF FAIR COMPETITION
FOR THE

ALLOY CASTING INDUSTRY

As Approved on January 30, 1934






ORDER

APPROVING CODE OF FAIR COMPETITION
FOR THE

ALLOY CASTING 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 Alloy Casting Industry, and hearings hav-
ing been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and di-
rected 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 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 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 Com-
petition be and it is hereby approved; provided that the continued
participation of the Alloy Casting Association in the Code Authority
after thirty days from the effective date of this Code shall be contin-
gent upon its amending its constitution and by-laws to the iatisfac-
tion of the Administrator; and further provided that the provisions
of Article VII, (Section 1), insofar as they prescribe a waiting pe-
riod between the filing with the Code Authority and the effective
date of revised price lists or revised terms and conditions of -ale be


36707 313-155---34


(563)







564

and they are hereby stayed peldinig my further Order either within a
period of sixty days from the effective date of this Code or after the
complet:,-n of a study of open price associations now being con-
ducted by the Nntinal Recovery Administration.
HUGH S. JoIINSOx,
A d 7 i r .' ,a.o r for Industrial, R(;co ve y.
Approval recomn tended.
W. A. H\RRIMAN, *
Division Administrator.
WAmaINGTON, D.C.,
Jan uary 30, 1934.













The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Alloy Casting Industry as revised after the hearing conducted
thereon in Washington, D.C., on November 2, 1933, in accordance
with the provisions of the National Industrial Recovery Act.

PROVISIONS REGARDING HOURS AND WAGES

This Code provides for a maximum work week of forty (40)
hours, with permission for forty-eight (48) hours per week during
peak periods, not to exceed twelve (12) weeks in any year. A
tolerance of ten (10) percent longer hours is provided for repair
work employees during emergencies.
Those who are exempted from the provision for maximum hours
are managers, executives, and research technicians, receiving more
than thirty-five dollars ($35.00) per week, outside salesmen and
service men and watchmen. The watchmen are limited to fifty-six
(56) hours per week.
The minimum wage rate provided is forty (40) cents per hour,
regardless of the basis upon which workers are compensated. Ex-
ceptions are made for partially incapacitated workers. Office work-
ers are to be paid not less than fifteen dollars ($15.00) per week,
and office boys and girls are to le paid at not less than eighty (80)
percent of the minimum weekly wage.
Equitable adjustments of wages above the minimum are provided
" for and employers are prohibited from reclassifying employees so
as to defeat the purpose of the Act.

ECONOMIC AND STATISTICAL MATERIAL

The industry is small and comparatively new. The invested capi-
tal amounts to $4,000,000 and the annual sales volume, calculated
on the rate of operations during November, was $1,700,000 although
the annual capacity of the industry, expressed in dollar volume, is
$16,000,000.
The number of employees in 1929 was 900, in 1932 it was 500, in
October 1933, 600, and under the Code it is estimated that 650 per-
sons will be employed, an increase of about nine (9) percent. It is
estimated that the pay roll of the industry will be increased about
$1,000 per week.
FINDINGS
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 proceed-
ings in this matter:
(565)






566


I find that-
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the Natinal Illndulltrial Recovery Act. including
removal of obstructions to the fre,- flow of interstate and foreign
ccmrnlleric which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpo:c of cooperative action among the trade groups, by
inducing and maintaining united antioii of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the prc-ent productive capacity of indu-tries, by avoid-
ing unildu.' retiiction of production (except as may be temporarily
reIiqired), by increa-ing the consumption of industrial and agricul-
tural products throutigl increasing purcha-ing power, by reducing
and relieving un lemploymnent, by improving s-tandards of labor, and
by othWrv.ice rehabilitating industry.
(b) Said Indlustry normally employs not more than 50,000 em-
plo"yee,-; and is not clas-ified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinenit. 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 induii.trial group truly representative of the aforesaid Indus-
try; and that said group imposes no inequitable restrictions on
admiiiion to membersliip therein.
(d) The Code is not designed to and will noit permit monopolies
or monopolistic practices.
(e) The Code- is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Tho-,e 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, I have approved this Code subject to
the following condition: that the continued participation of the
Alloy Casting Association in the Code Authority after thirty days
from the effective date of this Code shall be'contingent upon its
amending its constitution and bylaws to the satisfaction of the
Administrator.
Respect fully,
HUGII S. JOI1Nhox,
2A d(i t'niif; ator.
JANUARY 30, 1934.












CODE OF FAIR COMPETITION


FOR THE
ALLOY CASTING INDUSTRY


To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Alloy Casting Industry, which shall be the
standard of fair competition for the industry, and shall be binding
upon every member thereof.

ARnCLE I-DEFINITIONS

The term "alloy castings as .ued herein includes only castings
containing nickel and/or chromium in excess of 16% and substan-
tially free from copper, zinc, lead, or tin, except that this Code shall
not apl)ply to alloy castings produced and/or sold as a part of the
products, including finished and semifinished parts thereof, of an
owning or affiliated company but not sold in the open market as
rough alloy castings (as distinguished from finished and/or semi-
finished parts) in competition with similar rough castings produced
by other manufacturers.
The term affiliated company means a company whose relations
to another company are such that either one has directly or indi-
rectly more than 50% stock interest in the other, or that a third
company has directly or indirectly more than 50% stock interest
in both.
The term "member of the industry" as used herein means and
includes any manufacturer of products subject to this code.
The term association as used herein means the Alloy Casting
Association, Inc., a nonprofit corporation devoted to the betterment
of the industry and the effectuation of the National Industrial
Recovery Act.
The term "employee" as used herein 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.
The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
A ITICLE II-HOURS

SECTION 1. Except as hereinafter stated no employer shall employ
any employee for more than forty (40) hours in any week, pro-
vided, however, that in order to meet increased demands over which
the employers have no control, the said hours of employment may
(567)







568


be ircrea.sed to meet such contingencies, but in no event shall such
employees work nliire than a total of forty-eight (48) hours per
week for not to exceed twelve (12) weeks in any year. Repair-work
employvee-, to the extent required by emergencies may be employed up
to 10'' longer hours than other factory employees.
SEC. 2. All -employees of every kind and character of every em-
py! 'er are included in this Article II, except executives, those em-
ployed in a managerial or executive or supervisory capacity, or as
research technicians, who receive more than $35 per week, traveling
and outside salesmeTi, and outside service men, when expenses are
paid by the company; and watchmen, provided that such watchmen
are not employed in excess of 56 hours per week, or six days out of
seven.
SEC. 3. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another elrmployer or employer,, exceeds the maximum permitted
herein.
SEc. 4. The industry recognizes the desirability and accepts the
principle of the eight hour working day for labor and, insofar as
it reasonably can, the industry will endeavor to employ its labor on
that basis.
ARTICLE III--WAGES

Sicr1ON 1. No employee of an employer shall be paid less than
forty (40) cents per hour, except as hereinafter provided.
Siwc. 2. This article establi.shes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piecework, or other basis.
SEC. 3. No employee engaged in office or clerical work and no
-al;arieil employees .-hall be paid less than at the rate of $15.00 per
wi-ek excepting office or messenger boys or girl, who shall be paid at
the rate of not less than SO' I of the above minimum salary. One
such ,iies.c-ngtr or office boy or girl may be employed in any office
regardless of the number of employees and additional such messenger
or police nboys or girls mavy e employed not to exceed one to each
twenty other office employees.
SEC. 4. Not later than ninety (90) days after the effective date of
this Code. each employer in the industry shall report to the. Admin-
istrator, through the Code Authority hereinafter provided for, the
actionn taken by such emlploiyer in adjusting the hourly wage rates for
J:l eimplovees- receiving more ilan the minimum rates provided in
Sections 1 and 3 of this Article III. Such adjustment shall not
reduce the hiwirly wage rate of any such employee.
SEC. 5(. A persTon wlhoe eParninl capacity is limited b1ecawne of age
or physical or mental handicap i,1y be employed on light work at
a wage below the miniminmin established by this Code if the employer
obtains fromi the State Authority designated by the United States
Depairtniint of Labor a certific-:ie autlhorizing his employment at
.siuh wages and for sIuch hours as shall be stated in the certificate.
Each enlmploye -hall file with tlie Code Authority a list of all such
pers, iI.s ciiilt,'y d 1 ,v him.







569


ARTICLE IV-GENERAL 1.uI;, ,: u-Pn1nI-i'ON.

SEC'TON 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) ya;ir
of age shall be employCd at operations o o occiiii.tion, which are
hazardous in nature or dangerous to health. The Code Au thority
shall submit, to the Administrator within ninety (90) d:iys a li-t of
such operations or occupationl.
SEC. 2. In compliance with Section 7 (a) of the Act, it is providled
that:
(a) Employees shall have the right to organize and bargain col-
lectively, through representatives of their own choosing, and .shall
be free from the interference, restraint, or coercion of emplo,,yer- of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concertedl 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 naW-iting 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.
SEC. 3. No employer shall reclassify employees or duties or occlupa-
tions for the purpose of defeating tle. purposes or provisions of the
Act or of this Code. or engage in any subterfuge for such purpose.
SEC. 4. No employer r employee shall contract his work to any
person except when such person is subject to the provisions of this
Code.
SEC. 5 Every employer shall make reasonable provision to the
extent required by existing law for the safety n.dl health of his em-
ployees at. the place and during-the hours of their c mploymeniet.
SEC. 6. Within each State this Code shall not.-sulpersede any laws of
such State imposing more stringent requirements on an emplloyer
regulating age of employee. wages, hours of work,orr health, fire, or
general working conditions than under this Code.
SEC. 7. Each employer shall post in conspicuous places Articles
II, III. and IV, the Labor Provisions of this Code.

ARTICLE V-ADM I NITsTRATION

SECTION 1. To further effectuate the policies of the National Indus-
trial Recovery Act, the 7 members of the Executive Committee of the
Association then in office are set up to cooperate with the Adminis-
trator of the National Industrial Recovery Act as the "Code Au-
thority to administer the provisions of this Code. If the Admin-
istrator hereafter shall find that the Code Authority is not truly
representative of the industry or does not in other respects comply
with the provisions of the Act, he may require an appropriate modi-
fication in the method of selecting the Code Authority. The Admin-
istrator may appoint from one to three representatives without vote
to serve on the Code Authority whose terms of office shall be so ar-
ranged that the services of not more than one expires in any one year.







570


These appointees shall be persons not having or representing inter-
ests selfish or antagonistic to the interest of members of the Alloy
Casting Industry. Absence of such representatives from any meet-
ing of this Committee shall not prevent its complete functioning.,
SEC. 2. Members of the industry shall be entitled to share the
benefits of the activities of the Code Authority by assenting to and
complying with the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. Such rea-
sonable share of the expenses of administration shall be determined
by the Code Authority, subject to review by the Administrator, on
the basis of volume of business and/or such other factors as may
be deemed equitable.
SEC. 3. The manufacturers engaged in the industry will furnish
such information and make such reports to the Code Authority as
may be necessary in order to enable the Code Authority to collect
and furnish to the Government the information required under the
terms of the National Industrial Recovery Act. In addition to in-
formation required to be submitted to the Code Authority, there
shall be furnished to Government, agencies such statistical informa-
tion as the Administrator may deem necc--ary for the purpose re-
cited in Section 3 (a) of the National Industrial Recovery Act. The
manufacturers shall keep their accounts in such form as may be
necessary to enable them to furnish information desired by the
Government.
SEC. 4. Members of the Industry having a common interest and
common problems may group themselves for administrative pur-
poses in various subdivisions or product classifications, subject to
the approval of the Code Authority. The majority of members in
each subdivision or product classification may appoint its agency,
with supervisory and/or administrative powers, subject to the Code
Authority. In the event that no such agency is so appointed, then
the Code Authority may appoint such agency. If formal complaint
is made to the Code Authority that the provisions of this Code have
been violated by any member or members of the Industry, the agency
for the subdivision or product classification to which the complaint
refers, shall institute such inquiry as may be necessary to develop
the facts and shall report the results of such inquiry to the Code
Authority. "
SEC. 5. The Code Authority may act by or through any committee
or representative or representatives to which or to whom it may from
time to time delegate authority. Except as otherwise provided in the
National Industrial Recovery Act, all statistics, data, and informa-
tion filed or obtained in accordance with any of the provisions of
this Code shall be confidential. The statistics data, and information
of one manufacturer engaged in the Industry shall not be revealed
to any other manufacturer engaged in the Industry except that for
the purpose of enforcing or administering the provisions of this
Code, the Code Authority by its duly authorized representatives
(who shall not be connected with or in the employ of any manu-
facturer engaged in the Industry affected by this Code) shall have
access to any and all st:tittics, data, and information that may be
x See pair. 2 of urdr approving this Code.







571


furnished or obtained in accordance with any of the provi-io,_ns of
this Code.
SEC. 6. The Jurisdiction of this Code and of the Code Authority
over any manufacturer engaged in the Industry is expressly limited
to that portion of the business and employment of sinuh mniiiufactu.irer
which is within the Industry.
SEC Any alleged violation of the provisions of this Code shall
be investigated by an unbiased authorized representative or repre-
sentatives of the Code Authority as provided for in Article V, Section
5, and members of the Industry shall facilitate such investigations
by opening their pertinent correspondence, books and accounts for
examination and by furnishing relevant information. Upon the
disclosure of any violation of any provision of this Code, the Code
Authority shall present evidence thereof to the Administrator.
SEC. 8. Recognizing that violation of any provision of this Code
will disrupt the normal course of fair competition in the Industry
and cause serious damage and that it will be impossible fairly to
assess the amount of such damage, each member of the association
who shall violate any such provision shall pay to the association, in
trust as and for liquidated damages, a sum equal to '.5, of the
invoice value of any alloy casting sold in violation of any such pro-
vision, such funds to be applied to the administration of this Code.
The Code Authority by the affirmative vote of two-thirds may waive
any liability for such liquidated damages as may be imposed by or
pursuant to this provision of this Code, if in its discretion it so
decides that such violation was innocently made and that the collec-
tion of such damages is not necessary in order to effectuate the policy
of Title I of the National Industrial Recovery Act.
SEC. 9. The Code Authority shall make a careful study of the
question of limitation of alloy melting capacity and shall submit
to the Administrator for his approval such plan or plani- as are
deemed necessary and which will further effe'.tiiate the policies of the
National Industrial Recovery Act.
SEC. 10. If the Administrator shall determine that. any action of a
Code Authority or any agency thereof is unfair or unjust or contrary
to the public interest, lhe Admini.trator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and further
consideration by such C(ode Authority or agency pending final action,
which shall be taken only upon approval by the Administrator.
ARTICLE VI--TlADE: PRACTICE R -LE.-

1. For all purposes of the Code the acts de-cribed in this article
shall constitute unfair practices. Any nmenber of the industry who
shall directly, or indirectly through any ,ifficr, employee, agent. or
representative use, employ, or permit to be employed, any of/such
unfair practices shall be guilty of a violation of the Code.
(a) The use of other than actual shipping weights as a basis for
billing except for machined products specitically classified by the
Code Authority.
(b) Assuming transportation expense on pattern equipment either
to or from manufacturer's plant.







572


(c) Assumption of responsibility for machine work, labor charges,
or other expenses incurred by the customer on castings which are
rejected as defective.
(d) Assumption of any cost for inspection of castings by outside
individuals or agents when done at the request of the purchaser.
(e) The selling or advertising for sale. and/or marking of prod-
iicts with the intent to mislead or deceive a purchaser or prospective
purchaser regarding their quality, substance, or service features.
(f) The fictitious invoicing of products.
(g) Permitting a customer to make any deduction from the
invoice not, covered by the terms of sale.
(h) The shipping or other delivering of free goods of any kind
to any customer for resale or consumer's commercial use.
(i) 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 busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used for commercial bribery as hereinabove defined.
(j) To purchase from customers any commodity at a price in
excess of the public hed prevailing open-market price for the com-
modity in question; to purchase scrap materials of another manu-
facturer from customers at a price in excess of the published
prevailing market price for such materials; to pay more for his own
scrap than 2< per pound premium over prevailing market prices.
This provision shall not be construed as abrogating any existing
contract whereby a manufacturer is obligated to take back scrap from
ca4tinis of his own manufacture at a fixed price.
(k) The giving of terms more favorable than net thirty days from
date of shipment. A discount of 1/ of 1%, may be allowed, provid-
ing payment is made within ten days from date of shipment.
(1) Absorb all or any part of the machining cost. of castings
sold as machined castings.
(m) The selling of products other than alloy castings at prices
below the prevailing market to influence a sale of alloy castings.

ARTICLE VII-OPEN PuICE PROVISION
SECTION 1. Each member of the Industry manufacturing prod-
ucts falling within any subdivision or product classification, as de-
scribed in Article V, Section 4, shall, within ten (10) days after
notice of the establishment of any subdivision or product classifica-
tion, file with the agency for such snlllivision or product classifica-
tion a price list prepared by such member of the Industry, showing
his current pi ices and the agency shall immediately send copies
thereof to all inimbers of the Industry engaged in the manufacture
of sliuh sp''citied priod lIt. Revised price lists may be filed from time
to time therecafter with the agency by any such member of the In-
dustry to become cirrtiv'- upin the late specified therein but such
revised price list shall be filed witl tlic agency not less than eight







573


(8) nor more than ten (10) davs in advance of tiI effective d:ite.
Copies of such revised price lists with notice of the effective date
specified shall be immediately sent. to all ijimbl Ir of the Industry
manufacturing such product who thereuipon may file, if they so de-
sire, revisions of their price lists :p'cifyiin the effective Odit', which
may be on or after the date when the reviedl price list fir.-t filed
shall go into effect. No member of the Industry shall sell directly
or indirectly by any means whatsoever any product of the Indlii-try
at a price less than the price shown for .iurh product, in the list
filed by such member.2

A'rTuI' VIII-AMENDMwENTS AND SUPPrLI.Mu:. i

SECTION 1. This Code, except as to provisions required by the Act,
may be modified and supplemented on the basis of experience or
changes in circumstances, such modifications and supplements to be
based upon application to the Administrator and such notice and
hearing as he shall specify, in compliance with Section 3 (a) of the
Act and to become effective on approval of the Admini istrator.
SEc. 2. The President of the United States may from time to time
cancel or modify any order, approval, license, rule, or regulhlation
issued under Title I of the National Indultrial Recovery A,-I.

AnTICLE IX

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or di-criim-
inate against small enterprises.

ArTICLE X

This Code shall be effective at 12:01 A.M. on the fifth calendar day
after its approval by the President of the United States, and shall
continue in effect until June 16, 1935, or the earliest date prior
thereto on which the President shall, by proclamation, or the Con-
gress shall, by Joint Resolution, declare that the emergency iecog-
nized by Section 1 of the National Industrial Recovery Act has
ended.
Approved Code No. 237.
Registry No. 1201-1-02.
2 See par. 2 of order approving this Code.




UNIVERSITY OF FLORIDA
SIIIl 6II2 0 3 0IIIIIII0II 3IIlll l I
3 1262 08583 0403




Full Text

PAGE 1

Approved Code No. 237 Registry No. 1201-1-02 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY AS APPROVED ON JANUARY 30, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ----Price 5 cents

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• This publication i s for sale by the Superintendent of Documents, Government Printing Office, Washingt on, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce . DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, G a. : 504 Post Office Building. Birmingham, Al a. : 257 Federal Build ing. Boston, Mass. : 1801 Customhouse . Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 20 1 N orth W e lls Street. Cl e veland, Ohio: Chamber of C mmerce. Dallas, T ex. : Chambe r of Commer c e Building. D e troit , l\Iich.: 801 First National Bank B uilding. Houston, Tex. : Chamber of Commerce Building . Indi::mapolis, Ind.: Chamber of Commerce Building. JacksonYillc, Fla.: Chamber of Commerce Building. Kansas City, l\Io.: 1028 Brrltimo r e AYenue. Lo Ano-el es , 'alif.: 1163 Sou t h Broadway. Louisville, Ky. : 40 8 Federal Buildlng. l\Iemphis, Tenn.: 220 Federai BuHding. l\Iinneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A , Customhouse. New York, N.Y.: 73-1 Customhouse. Norfo l k, Va.: 40G East Plume Street . Philadelphia. Pa.: 422 Comm rcial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg. : 215 New Post Office Building. St. Louis, l\fo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattie, Wash.: 8 0 9 Federal Office Buildi ng.

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Approved Code No. 237 COD OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY As App1oved on January 30, 1934 ORDER APPROVING CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY An application having been duly made pur nant 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 Alloy Casting Industry, and hearing having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been ma.de and di rected to the President: NO,v THEREFORE, on behalf of the Pre ident of the United States, I, Hugh S. Johns on, Administrator for Industrial Recovery , pursuant to authority vested in me b y E;x:ecutiYe Orders of the Pre i dent, including Executive Or ler No. 6543-A, date l D ecember 30, 1933, and otherwise; do hereby incorporate by reference aid annexed report and do find that said Code complies in all respects with the pertinent provision s and will promote the policy and purpo es of said Title of said Act; and do hereby order that said Code of Fair Coinpetition be and it i s hereby approved; provided that the continued participation of the Alloy Ca ting Association in the Code Authority after thirty days :from the effective date of this Code hall be contingent upon its amending it constitution and by-law to the sati faction of the A 1ministrator; an 1 further provided that the provi ions of Article VII, (Section 1), in c;ofar as they prescribe a waiting period b etween the filing with the Code Authority and the effectiv e date of revi ed price list or revi ed terms and cond itio ns of sa l e be 36707-313-155-34 (563)

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5 64 and th are hereb stayed pending my further Order either within a period of sixty days from the effective date of this Code o r after the completjn:n of a study of open price assoc iations now be ing c on ducted by the Nation al Recovery Administration . HUGH s . JOHNSON, Adm:'inistrator for I nd1Mt1ial Recove ry. Approval recommended . w. A . I-IARRE\IAN • Di' vision Ad11iinistrator . , v A-3HINGTON, D. C . , J anuary 30, 193 4 .

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The PRE IDENT, The White House. Sm: Thi is a report on the Code of Fair Competition for the Alloy Casting Industry as revised after the hearing conducted thereon in \Vashington, D. ., on ovember 2, 1933, in accordance with the provisions of the ational Inclu trial Re c o yery Act. PROVISIONS REGARDING HOUR AND WAGE This Code provides for a maximum work week of forty ( 40) hours, with permission for forty-eight ( 48) h ou r s per week during peak periods, not to exceed twelve (12) weeks in any year. A tolerance of ten (10) percent longer hours is provided for repair work employees during emergencies. Those who are exempted from the provision for maximum hours are managers, executive , and res earc h technician ~ , receiving more than thirty-five dollars ($35.00) p e r week, outside alesmen and service men and watchmen. The watchmen are limited to fifty~ix ( 56) hours per week. The minimum wage rate pro, ided i s forty ( 40) cents per hour, regardle s of the basis upon which '1orker are compen atecl . Exceptions are made for partially incapacitated workers. Office work ers are to be paid not l e s than fifteen dollar ( 15.00) per week, and office boys and girls are to be paid at not le ss than eighty (80) percent of the minimum weekly wage . Equitable adju tments of '1age above the minimum are proYided ,, for and employers are prohibited from recla if} ing emplovees s o as to defeat the purpo e of the Act. ECO~Ol\IIC AND STATISTI AL MATERIAL The indu try i s sma ll and comparative! new . The inYes t ed capital amounts to $4 000,000 and the annual sales volume, c alculated on the rate of operations during o, ember, was $1,700,000 although the annual capacity of the indu try, expressed in dollar volume, is $16 000,000. The number of mployees in 1929 was 900, in 1932 it was 500, in O ctober 1933, 600, and under the Code it i estimated that 650 per son will be employed, an increa e of about nine (9) percent. It is e timated that the pay roll of the indu try will be increa eel about $1,000 per week. FINDINGS The Deputy Admini trator in his final report to me on aid Code having found as h e rein set forth and on the basis of all the proceeding in this matter: (565)

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566 I find that-(a) Said o l e i well designed to promote the policies and purpo e s f Title I of the National Industrial Reco ' ry ct, inclu ling remoY , 1 of ob truction to the free flow of inter tate and : foreign co mmer c e which tend to diminish the amount thereof an l will pro vide for the gen eral welfare by promoting the organization of industry for the purpos e of cooperatiYe action among the trade groups, by inducing and maintaining united action of labor and management under a lequat go-, ernmental sanctions and upervi ion, by elimina ting unfair competitiv pra tices, by pronof ng the fullest pos ible utilization of the pre ent productive capacity of indu trie s, by avoid ing nnclu~ re triction of production ( except as may be temporarily r equired) by increa ing the consumption of industrial and agricultural produc t s throtwh in"rea ina purchasina po" r, by reducing and r lieving 11nemployment, by improving standards of labor, and by oth"rwi e rehabilitating industry. (b) Said Industry normally emplo3 s not more than 50,000 ern.ploye ; and is not cla i:fied by me as a major industry. . ( c) The Co le as approved complies in all respects with the pertin nt proYi ion of , aid Title of said Act, including without limitation Sub ection (a) of Section 3, Subsection (a) of Section 7, :lnd Sub ection (b) of S ction 10 thereof; and that the applicant group is an industrial group truly representative of the aforesaid Industry; and that said group imposes no inequitable re trictions on admis ion to membership therein. ( d) The Code is not designed to and will not permit monopolies or monopolistic practices. ( e) The Code i s not designed to and will not eli1ninate or oppress s1nall enterprises and will not operate to discriminate again t them. (f) Tho e engaged in other t p of the economic process have not been depriv d of the right to be heard prior to appro-n1l of said Code. For the . e rea ons, ther fore, I haYe approved this Code subject to the following condition: that the continued participation of the Alloy Casting A ociation in the Code Authority after thirty days from the effective date of this Code hall be contingent upon its amending its con titution an l bylaw to the sati faction of the Admini trator. Re pectfully, JANUARY 30 , 1934. Huon . JoHx oN, Adminis tr'ator .

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CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY To effectuate the policies of Title I o:f the National Indu trial Recovery Act the following provisions are e tablishe 1 a u, ode of Fair Competition for the Alloy Casting Industry, which shall be the standard of fair competition for the industry, and shall be binding upon every member thereof. ARTICLE I-DEFINITIO~S The term "alloy castings as u eel herein inclu le only ca tings containing nickel and/or chromium in excess of 1G% and ub tantially free from copper, zinc, lead, or tin, except that this Code shall not apply to alloy casting produce d and/ or sold as a part of the products, including finished and semifinished parts thereof, of an owning or affiliated company but not sold in the open market as rough alloy castings (as listingui heel from fini he l and/or semi finished parts) in competition with similar rough castings produced by other manufacturers. The term "affiliated company means a company who se relations to another company are s uch that either one has directly or indirectly more than 50% s tock intere t in the other, or that a third company has directly or indirectly more than 50 s to c k interest in both. The term "member of the indu try" as used herein means and includes any manufacturer of products subject to this code. The term "a sociation ' as used herein m . eans the Alloy Casting Association, Inc., a nonprofit corporation devoted to the betterment of the industry and the effectuation of the National Indu trial Recovery Act. The term "employee ' as used herein includes anyone engaged in the industry in any capacity receiving compensation for his services irrespective of the nature or method of payment o:f such compensation. The term "employer ' as u eel herein includes anyone by whom any such employee is compensate l or employed. ARTICLE II-HouRs SECTION 1. Except as hereinafter stated no employer hall employ any employee for more than forty (40) hours in any week, provided, howev er, that in order to meet increa eel demands o-,e r which the employers have no control. the . aid hour of employment may (567)

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568 be incr u ed to meet nch contingencies, but in no eYent shall such employees work more than a total of forty-eight ( 4 ) h urs per "\Yeek for not to exceed h,elYe (12) weeks in any year. Repair-work employee I to the e_-tcnt required by emergencies may b0 employed u p to 10 ;a longer hours than other factory empl oyees. SEC. 2. All employees of eYery kind and character of every e mployer are included in thi Article II, except executiYes, t h ose e mployed in a 1nanagerial or xecutive or supervisory capacity, o r as re earch technician who receive more than $35 per week, travel ing and outside sale men, and out ide service men, when expenses are pail by the company; and watclunen provided that such watchmen are not employed in exces s of 56 hours per week, o r s i x days out of even. EC. 3. No employer shall knowingly permit any empl oyee t o "TT'Ork for any time hich, when totaled with that already perform e d "TT'ith another employer or employers. exceed the maximum permitted herein. SEc . 4 . The industr r0cognizes t h e d sirability and a cepts t h e principle of the eight hour ,Yorking day for labor and, insofar as it reasonably can, the indu try will endeavor to empl oy it labor o n that basis . ARTICLE III-"\Y GES ECTION 1 . l' o employee of an employer . hall be paid 1 . s than forty (40) cents per hour, except as hereinafter prov-ided . 1Ec. 2 . This article e tabli hes a m inimum rate o:f pay which shall npply irre pectiYe of whether an employee i actuall compen ated on a time rate, piecework, or other basis. SEc . 3. No employee en oaged in offic0 or clerical ork and n o salari cl emplo3 ees . hall be paid l es than at the rate of $ 1 5 .00 per week excepting office or me enger boys or gir l s w h o shall be paid at the rate of not le s than 80 a o f the above minimum salarv. One such mes cmger or office boy or girl may be empl oyed in a1;y offic e reo-arclle . . , s of the ntm1b0r of employee and additional s u c h messeng r or office bo-,s or girl may be employed not t ex eccl one t o each twenty other offic employe s. EC. 4 .... ot later than ninet ( 90) days after t h effect i dat e o f thi Cocl0 each employe in th in lu try hall report to t h e Admini trator, throu0h the ode uthority her inafter prmi led for, the ction taken by uch cmpl o ' e r in a ljn ting th hourl y waoe rate fo r ~Jl em1 loy cs 1 eiving n ore than th minimu m rates 1 roYidcd in , ction. 1 ancl 3 :f thi rticle III. uch a lj u tment ._hall no t reduce th hourly wu rat of any such employee . 'E . f. J pe n who . c urning apacit is limit l beca u . .::.e of ao or phy. ical or m ntal han li a1 may be em1 loyc 1 o:n light "\York a t a , ao-el w th minimnm establi heel b thi Code if th 1111 l oy r ol tain. from th tat uthority de ignaLed by the nite 1 'tat D partm n f Labor a c rtificat au horizing hi. empl ym nt at sn h wao. arnl for .-uch h nr. a . :hall be stat l in tl , rtifi t . Each mploy r sha l fil with th Code uthorit a li t f all u c h p 1 011. n1plo_p,cl b y him.

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569 ARTI LE Iv _nENERAL L.\B R PnoYI ' IO:NS SE TIO:N 1. No per~on un ler ixteen (16) ye~rn of ag . hall be e111ploycd in the Industry. o per~on under 1ght ? en (1 ) year o:f aae hall be employed at operations or occ u )ull n wluch ~re hazardous in natur or d::mgerou t h ealth. The od e Authonty shall submit to the Admini trator within ninety (DO) day a li s t of such operations or occupation.-. SEC. 2. In compliance with S e ction 7 (a) of the ct, i i pr Yill d that: (a) Employees shall have the right to organiz e and bargain col lectiY ely, through representatives o:f their own choo s ing, ancl hall be :free :from the interference, re traint, or coer io n o:f employer o:f labor, or their agents, in the designation of such repres ntative or in self-organization or in other concerted activities for tlw purpo e o:f collective bargaining or other mutual aid or protection. (b) No employee and no one seeking employment shall be required as a "ondition of employn1 nt to join any company union or to refrain from joining, organizino , or-a isting a labor organization o'f his O"TI'.n choo ing, and (c) Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of emp lo yrnent approved or p e cribed by the Pre ident. EC. 3. No employer shall recla sify employee or duti or occupa tions for the pnrpo e of defeating the purposes or provis ions of the Act or of this Code or engage in any subterfuge for such purpo e. SEc. 4. No employer or emp loyee shall contract his "\\'"Ork to any person except when such person is subject to the provLions of this Code. SEc. 5. Every employer hall make reasonable provision to the extent required by existing law for the safety ::m.d health of his em ployees at the place and during the hours of their employment . SEc. 6. Within each State this Code shall not supersede any laws of such State imposing more stringent requirements on an mployer regulating age of emp loy ees, wage , hours of work, or h alth, fire, or general working condition than under this Code. SEc. 7. Each employer hall post in con picuous places Articles II III. and IV, the Labor Provisions of this Code. ARTICLE V-ADl\'II~"'T TRATION SECTIO -1. To fu ther effectuate the policie of the National Industrial Recovery Act, the 7 members o:f the Executive Con1mittee of the Association then in office are set up to cooperate with the Administrator of the National Indu trial Recovery Act as the "Code Authority" to admini ter the provisions o:f this Code. If the Aclministrntor hereafter shall find that the Code Authority is not truly .repre entativ of the industry or does not in other respects comply with the provi ion of th Act, he may require an appropritate modi fication in the method of selecting the Code Authority. The Administrator may appoint from one to three representatives without vote to erve on the ode Authority whose term of office ~hall bv so arranged that the serv ices of not more than one expire in any one year.

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570 These appointees shall be persons not having or representing inter e ts selfish or antagonistic to the interest of members of the Alloy Casting Industry. Absence of such representatives from an y meeting of this Committee shall not prevent its complete functioning.1 SEc. 2 . Members of the industry shall be entitled to share the benefits of the activities of the Code Authority by assenting to and complying with the requirements of this Code and su taining their rea onable share of the expenses of its ad1ninistration . Such reasonable share of the expenses of administration s hall be determined by the Code Authority, ubject to revi e w by the Administrator, o n the ba s is of volume of busine s and/or s uch other factors as may be deemed equitable . SEc. 3 . . The manufacturers engaged in the industry will furnish such information and make such reports to the Code Authority as may b e necessary in order to enable the Code Authority to collect and furnish to the Governnient the information required under the terms of the National Industrial Recovery Act. In addition to information required to be submitted to the Code Authority, there shall be furnished to Government agencies s uch statistical information as the Administrator may deem neces>.;ary for the purpose re cited in Section 3 (a) of the National Industrial R ecovery Act. The manufacturers shall ke ep their a ccounts in such form as may be nec e sary to enable them to furnish information desired by the Government. SEc. 4 . Member of the Industry having a com1non interes t and common problems n1ay group them elves for administrative purpo es in various subdivisions or product classifications, subject to the approval of the Code Authority. The majority of members in each subdivision or product classification may appoint its agency, with supervisory and/or administrative power , ubje t to the Code Authority. In the event that no such agency is so appointed, then the Code Authority may appoint u ch age ncy . If formal complaint is made to the Code Authority that the provisions of this ode have been violated by any member or men1ber of the Indu trv, the agency for the subdivisio n or product classification to which the complaint refers, shall institute such inquiry as may be nece ssary to develop the fa ts and . hall report the results of s u ch inquiry t o the Code Authority. SEc. 5 . The Code Authority may act by or through nny committee or repr entative or representative to whi h or to whom it may from time to timed legate authority. Except a oth rwise I rovided in the National Indu trial RecoYery Act, all . tati tic , data, an l information filed r obtained in a ordan e with any of the provi ion s of this Code hall be confidential. Th . _tati ti , data, and information of one manufacturer enga0ed in the Indu try hall not b r e aled to any other manufa turer no ag d in the Indu. t y e ~ ' pt that for the purpo f nf rcing or a lrnini tering the provi ion f this C od e, the o 1 uthority b it uly authorized rcpr ntative (who hall not be onn ct d , ith r in the empl y of any rnanufactur r ngao-1 in th Inclu str aff -cl by thi C u ) hall have to any an l all . tab. t i f--, data an l information that may be 1 , CC' p a r . 2 of ord r op r ving lhi. de.

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571 :furnished or obtained in a orclancc "'ith anv of the nroYi ions of . ,.. thi. ode . SE . G. The J uri~ 1iction of thi C de an l of the ocle Authority OY r an ' mantLacturer no-aoecl in the Indu try i exr r ly limited to that p rtion of the bn in s and empl oyn1ent of , u h manufacturer which i within the Industry. SEC. 7 . Any alleged violation of the proYi ion of this Code hall be inY_estigatecl by an unbia l authori~ed repr_e nta~i-ve ornrep_re -entatIYe. of the Cod Authority as provided for 1n Article V ~ection 5, and member of the Industry shall facilitate uch inve~tigations by opening their pertinent corre pondence, books and ac ount for examination and by furnishing releYant infonnat ion. Upon the di clo ure of any -v-iolation of any provision of thi Code the Code Authority hall pre ent evidence thereo f to the Admini trator. SEc . 8. Recognizing that violation of any provision of this Code will disrupt the norma l course of fair competition in the Indu try and cause erious damage and +hat it will be impossible fairl. to as ess the amount of such damage, each member of the a _ociation who shall violate any such proYisio n shall pay to the association, in tru t as and for liquidated damages, a sum equa l to 25o/c of the invoice value of any alloy casting sold in violation of any uch proYis ion, s u ch funds to b e applied to the administration of thi Code . The Code Authority by the affirmatiYe vote of two-thirds ma:-waive any liability for such liquidated damages as ma. be imposed b o r pursuant to thi proi.-i s i o n of th.i s Code, if in i t discretion it o decide that suc h Yiolation wa innocently n1ade and that the collec tion of such damage is not neces ary in order to effectuate th policy o:f Title I of the :ration 1 Industrial Recovery Act. SEc . 9. The Code Authority hall make a careful study of the que tion of limitation of alloy melting capa ity and shall submit to the Administn1tor for his approY~l u h plan or plan as are d eemed ne ce snry and which will further effectuate the policie of the National Ind u trial Recovery Act. SEc . 10. If the Administrator shall determine that any action of a Co de Authority or any agency thereo f i unfair or unjust or contrary to the public interest, the Admini. trator may require that such action be uspended for a period of not to exceed thirty da1 s to afford an opportunity f o r i nve tigation of the 1nerit of s u c h action and furth0r consideration by uch Code Authority or agen"y pending fin a l actio n, whi c h shall be taken only upon appro, al by the Admini trator. L RTICLE YI-TnADE PRACTICE R"GLES 1. For all pnrpo es of the Co le th ac . de scribed in thi arti cle shall con titute unfafr practice . n , member of the indu try who shall directly, or indirectly through an~office r employee, agent or repre entative u se, empl y o r permit to be empl oyed a n y of suc h unfair practices hall b guilty of a Yiolation of the Code. (a) The u se of other than actual hi1 pino weight us a ba is for billing except for m a hined pr dnct . pecifi ally clas ifi ed by the Cod0 .Authority. (b) A urning tran:portation expen eon pattern equipment either to or from manufacturer's plant.

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572 ( c) A umption of re pon ibility for machine work lab o r charges, or other expe n e incurred by the cu torn er on ca tings which are rejected a ... defec ive . ( d) A ~umption of any co t for in pection of ca tings by outside individual or agents when done at the request of the purcha er. ( e) The selling or advertising for sal e and/or marking of product with he intent to mi lead or dec e ive a purchaser or prospective purcha er regarding their quality ub. tance, or er ice feature . ( f Th fictitiou inYoicing of product . (g) Permitting a c u tomer to make any deduction from the inYoice not covered b " the terms of sale. (h) The hipping or other delivering of free good of any kind to anv custome r for r e ale or consumer commercial use. (if Gi,e, pern1it to be given or directly offer to gfre, anything of Yalue for the purpose of influencing or rewarding the action of any employee. agent, or repre entative of another in relation to the bu i n e of the emplo. er of such employee, the principal of su c h agent or the repre~ en t ed party without the knowledge of such employer, principal or party. ommercial bribery pro,i ions shall not be con ~trued to prohibit free and general di tribution of articles com monl} u ed for aclverti ~ing except o far a uch article are actually u eel for commercia l briber a hereinabove defined. (j) To purcha e from customer any commodit at a price in cxce of the publi h d prevailing opBn-market price for the commodity in iu e tion to purcha e crap materials of another manu fa turer from cu tomer at a pri e in exce of the publ ished prevailincr market pric for uch material to pa, more for hi own crap tha n 2 per pound premium o er pre,ailing market prices . Thi provi ion shall not be con trued a abrogating an existing contract whereb. a manufacturer is oblio-ated to take back crap from ca . tino-of his own manufacture at a fixed price. (k) 1he giving oft rm more favorabl0 than n e t thirt da from date of hipment. A discount of of 1 o/c may be allowed providino-payment i made within ten day from date of hip1nent. (1) b orb all or an part of the ma chining co t of ca ting~ "old a machined ca ting . (rn The e ll ino of pro lnct other than alloy ca tin
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573 (8) nor mor than ten (10) da s in ad,ance -( the eff cti,e date. Copie of uch reYi cl price li ts with 1 .. oticc of th ffe tiYe late pecifi d hall b immediately ent to all m mber. of the In lu try manufacturing uch product who thereur on may file if the., s o de ire, reYi ion of their price lisL sp cif ring he e:ff ctivr lat whic h ma. be on or after the
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