Citation
Amendment to code of fair competition for the alloy casting industry as approved on August 29, 1934

Material Information

Title:
Amendment to code of fair competition for the alloy casting industry as approved on August 29, 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:
5 p. : ; 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--Amendment No. 2."
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:
004931521 ( ALEPH )
646190869 ( OCLC )

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Full Text






NATIONAL RECOVERY ADMINISTRATION





AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


ALLOY CASTING INDUSTRY


AS APPROVED ON AUGUST 29, 1934


WE DO OUR PART


IN V FL *-.,.

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~ ~ ~ ~ j i- -


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 237-Amendment No. 2


Registry No. 1201-1-02
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
D:troit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
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St. Louis, Mo.: 506 Olive Street
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 237-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

ALLOY CASTING INDUSTRY

As Approved on August 29, 1934


ORDER

APPROVING AMENDMENT TO 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 an amend-
ment to a Code of Fair Competition for the Alloy Casting Industry,
and opportunity to be heard thereon having been duly noticed to all
interested parties, 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, 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 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 that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten (10) days from the date hereof, unless good cause
to the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
BARTON W. MURRAY,
Division Administrator.
WASHINGTON D.C.,
August 29, 1934.
83462 ---1044-141-----84 (1)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Sm: This is a report on an amendment to the Code of Fair Com-
petition for the Alloy Casting Industry, the Code having been ap-
proved by my Order of January 30, 1934.
Notice of opportunity to be heard on this amendment, was duly
posted to all interested parties providing an opportunity to file
objections, and no objections were received during this period.
The Code is amended to provide that willful destructive price
cutting is an unfair method of competition and is forbidden and the
amendment further provides for the establi hment of minimum
prices during the period of emergency.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said amnlwnineint to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
I find that:
(a) The amendment to said code and the Code as amended are
well designed to lproimote the policies and purposes of Title I of the
National Indu trial Recovery Act including the removal of obstruc-
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 industry for the purpose
of cooperative action of labor and management under adequate gov-
ernnlental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fulle.-.t possible utilization of the
prns'1,nt productive capacity of industries, by avoiding undue restric-
tion of produ(ltion (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasingI purchasing power, by reducing and relieving un-
employnment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisionc- of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amniri'im'lint and the Code as amended are not designed to
and will not lie-rmit nmninopolies or monopolistic practices.
(d) The :iindmninnt and the Code as amnindcd are not designed to
and will not eliminate or oppress .lmall enterprises and will not op-
crate to discriminate ngailnt them.
(e) Those eng';'id in other steps of the economic process have not
been 1.pri\(.vd of the right to be heard prior to approval of said
amendment.






3

For these reasons, therefore, I have approved this amendment, such
amendment to take effect ten (10) days from the date hereof, unless
good cause to the contrary is shown and I issue subsequent order to
that effect.
Respectfully,
HUGn S. JOHNSON,
A dAmidfnslIrat or.
Ar












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ALLOY CASTING INDUSTRY

Amend Article VII by adding the following new Section:
SECTION 2. The standards of fair competition for the industry with
reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time
complain to the Code Authority that any filed price constitutes
unfair competition as destructive price cutting, imperiling small
enterprise or tending toward monopoly or the impairment of code
wages and working conditions. The Code Authority shall within
5 days afford an opportunity to the member filing the price to
answer such complaint and shall within 14 days male a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N.R.A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended
that sound cost estimating methods should be used and that con-
sideration should be given to costs in the determination of pricing
police i-cs.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Section 3
hereof, is forbidden.
SECTION 3. Emergency Provisions.-(a) If the Administrator,
after investigation shall at any time find both (1) that an emer-
gency has arisen within the industry adversely affecting small enter-
prises or wages or labor conditions, or tending toward monopoly or
other acute conditions which tend to defeat the purposes of the act;
and (2) that the determination of the stated minimum price for a
specified product within the industry for a limited period is neces-
sary to mitigate the conditions constituting such emergency and to
effectuate the purposes of the Act, the Code Authority may cause
an impartial agency to investigate costs and to recommend to the
Administrator a determination of the stated minmium price of the
product affected by the emergency and thereupon the Administrator
may proceed to determine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a pcecified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National Indus-
trial Recovery Act, he shall publish such price. Thereafter, during
such stated period, no member of the industry shall sell such speci-
(4)






5

fled products at a net realized price below said stated minimlyn
price and any such sale shall be deemed destructive price cutting.
From time to time, the Code Authority may recommend review or
reconsideration or the Administrator may cause any determinations
hereunder to be reviewed or reconsidered and appropriate action
taken.
Approved Code No. 237-Amendment No. 2.
Registry No. 1201-1-02.
O




UNIVERSITY OF FLORIDA
11i 1 III IIIf IIIDli 1 11111262 085830379II ll III I
3 1262 08583 0379




Full Text

PAGE 1

Approved Code No. 237-Amendment No. 2 Regi stry No. 1201-1-02 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY AS APPROVED ON AUGUST 29, 1934 WE DO OUR PART UNITED ST ATES GOVERNMENT PRINTING OFFlC]] WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. -------Price 5 cents V

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office , Washington, D.C., and by district offic es 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. B osto n, :Mass. : 1801 Customhouse. Buffa lo, L ~_y~ : Chamber of Comm erce Building. Charleston, S.C. : Ch amber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cl e v e l a nd, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. D-:troit, hl ich.: 80 1 First N ational Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. J a c k onville, Fla.: Chambe r of Comm e r ce Building. Kansas City, Mo.: 102 8 Baltimore Av enue. L o Ang e l e , Calif.: 1163 S outh Broadway. L ouisville, K y. : 408 Federal Building. M emphis, T enn.: 229 Federal Building. Minneapoli s , Minn. : 213 Federal Building. Kew Orleans, La. : Room 225-A, Customhouse. N e w York , N.Y.: 734 Cu tom.house. Norfolk, Va.: 400 Eas t Plume Street. Philadel phia, Pa. : 422 Commercial Trust Building. Pitt burgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Loui , l\I o.: 500 Olive Street. S a n Francisco, Calif. : 310 Customho u e . Seattle, Wash.: 809 Federal Offic e Buiiding.

PAGE 3

Approved Code No. 237-Amendment No. 2 AlVIENDMENT TO CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY As Approved on August 29, 1934 ORDER APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE ALLOY CASTING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions o f Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair Comp etition for the Alloy Casting Industry, and opportunity to be heard thereon having been duly noticed to all interested parties, and the annexed r epor t on said amendment containing findings with respect thereto having been made and directed to the President: NO,V, THEREFORE, on behalf of the P resident of the United States, I, Hugh S. Johnson, Administrator f o r Industrial R ecove ry, pursuant to authority vested in m.e by Executive Orde r s of the President, including Executive Order No. 6 543-A, dated D ece mb e r 30, 1933, and otherwise; do here by incorporate, by r e f e r e n ce, said annex ed report and do find that said amendment and the Code as c on stituted after b eing amended comply in all respects with the pertinent provisions, and will promote the poli c y and purposes of said Title of said Act, and do h e r eby order that said amendment be and it i hereby approved, and tha t the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amend e d, such approval and such amendment to take effect ten (10) days from the date hereof, unless good cause to the contrary is shown to the Administrator before that time and the Administrator i ssues a ub equent order to that effect. Approval recommen led: HUGH 8. JOHNSON, Administrator for Industrial Recovery. BARTON w. MUP.RAY, Division Administrator. w ASIDNGTON, D.C., Ay,gust f9, 1934. 83462-1044-141-&4 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The 1V hite House. Srn : Thi i a report on an amendm0nt to the Code of Fair Competition for the Alloy Casting Industry, the Code having been ap pro-\ eel by my Order of January 30, 1934. Notice of opportunity to be heard on this amendment was duly po..,ted to all interested parties providing a.n opportunity to file objections and no objections were received during this period. The Code i amended to provide that willful destructive price cutting i an unfair method of competition and i forbidden an l the amendment further provides for the e tablishment of minimum prices during the period of emergency. FINDINGS The Assistant D eputy Administrator in his final r eport to me on said amendment to aid Code having found as herein set forth and on the basis of all the proceedings in this matter: I find that: (a) The amendment to said code and the Code as amended are -well de igne d to promote the policies and purposes of Title I of the rational Indu~trial RecoYery Act including th-e removal of ob tructions to the free fl.ow of inter tate and foreign commerce which tend to diminish the amount thereof, and will provide for the general welfare by promoting the oraanization of indm:~ry for the purpose of cooperative action of labo r and management under adequate gov ernm ntal anction and super-vision, by eliminating unfair competitive practice by promoting the fulle t po sibl utilization of the present pro luctiYe capacity of industries by avoiding undue restriction of production ( except a may be temporaril required) by increa ing the con umption of indu trial and agricultural products throuO'h increasing purcha ing power by r ducing and relievin unemplo Tment by improving standards of labor, and b oth rwise rehabilitating industry. (b) The Code a amend d complies in all re pects with the pertinent provisions of aid Title of aid A t includino without limitation ub-ction (a) of S ection 3, ub-tion (a) of S e tion 7 and subection (b) of ction 10 th r of. ( c) The am nrmit m nopolie r m n p listi I ractic . ( 1) Th am ndm ,n t and th o l a am n led are n t desiO'n d to and will n t liminat r 1 pr . m all nt rpri and will not op-rate to di rimina e aaain t th m. ( ) Th ngao-d in th r tep. f th conomi pr e haY not Lee n c1 I riYecl of th rio-ht to b h arcl prior to appro a l of aid n endmcnt. (2)

PAGE 5

3 For the e reason , therefor , I have ap1 roved thi amen lment, such am ndm nt to tak effect ten (10) day from the date hereof, unless good au e to the contrarv i sh wn and I i ue ub equent order to that effect . Re pectfully, A -GUST 29, 1934. H UGII s. JOH TSON Administrator.

PAGE 6

.A.MEND 1ENT TO CODE OF FAIR COMPETITION FOR THE ALLOY CASTI G I D STRY A.mend Article VII by adding the :following new Section: ECTION 2. The standard of fair competition for the indu try with reference to pricing practices are declared to be as follows: (a) Wilfully destructive price cutting is an un:fair method of competition and is forbidden. Any member of the industry or of any other industry or the customer of either may at any time complain to the Code Authority that any filed price constitutes unfair competition as de tructive price cutting, rmperiling small enterprise or tending to\\"ard monopoly or the impairment of code wages and "\\orking conditions . The Code Authority shall within 5 day afford an opportunity to the member filino-the price to answer such complaint and hall within 14 days make a ruling or adjustment thereon. If such ruling is not concurred in by either party to the complaint, all papers shall be referr d to the Research and Planning Division of .L .R.A. "hich hall render a report and recommendation thereon to the Administrator. (b) When no declared emergency e:xi ts as to any o-iven _product, there is to be no fixed minimmn basis for prices. It is intended that ound cost estimating methods should be u sed and that consideration should be given to costs in the determination of pricing poli cies . ( c) When an emergency exists a to any give n product, sale below the tated minimum price of such product, in violation of Section 3 hereof, is forbidden. SE TION 3. Eme rgency Provi,sions.-(a) If the Administrator, after inve tigation shall a t any time find both (1) that an emer gency ha ari e n within the indu try adver l y affecting mall enterpri es or ""IT"ages or labor condition or t ending toward monopoly or othe:r acute condi' ions which t end to defeat the purposes of the act; and (2) that the determination of the tated minimum price for a pecifi d product within the indu try for a limited period is necesary to mitioate the conditions con titutina uch emergency and to e ffectuate the purposes of the ct, the C de uthority may cau e an impartial agency to inve ti.gate co ts and to recommend to the dmini trato r a d t ermination of the tat d rninmium price of the product ail' ted by the emergency and thereupon the Administrator may Ir c ed to det rmine u h tated minimum price. (b) , h n the dmini tr a tor hall have determined uch tated minimum price :for a p cifi d produ t :f r a tat d p riod, which pri e h all be r ea onabl cal ulated to mitigate th ondition of u h em ro-nc and to e.ff tuat the purpo f the ational Indus-trial R co r t be hall publi h such price. Th reafter, durin0 such stated p riod, no memb r f the industry shall sell such speci-(4)

PAGE 7

5 fled products at a net realized price below said stated m1nun1vn price and any such sale shall be deemed de tructive price cutting. From time to time, the Code Authority may recommend review or reconsideration or the Admini trator may cau e any determinations hereunder to be reviewed or reconsidered and appropriate action taken. Approved Code No. 237-Amendment N o . 2. Registry No. 1201-102. 0

PAGE 8

UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIII IIIIII II IIII IIIII IIII I I 3 1262 08583 0379