- Permanent Link:
- Code of fair competition for the die casting manufacturing industry as approved on March 8, 1934
- Portion of title:
- Die casting manufacturing industry
- United States -- National Recovery Administration
- Place of Publication:
- Washington, D.C
- United States Government Printing Office
- Publication Date:
- Physical Description:
- p. 525-536 : ; 24 cm.
- Subjects / Keywords:
- Die-casting industry -- Law and legislation -- United States ( lcsh )
- federal government publication ( marcgt )
non-fiction ( marcgt )
- General Note:
- Cover title.
- General Note:
- At head of title: National Recovery Administration.
- General Note:
- "Registry No. 1224-1-02."
- General Note:
- "Approved Code No. 323."
- 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. Â§105.
- Resource Identifier:
- 004931413 ( ALEPH )
646149811 ( OCLC )
This item has the following downloads:
AS APPROVED ON MARCH 8, 1934
WE DO OUR PART
UNIV. OF FL L .
t S, 1O-7..
U.S. DEPCOG TORY
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. -
- Price 5 cents
Approved Code No. 323
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
DIE CASTING MANUFACTURING
Registry No. 1224-1-02
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.
Detroit, Mi.li : ,il1 First N:ati.,nial B;am 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 Euillin -.
MeImphii,. Tenn.: 229 Fv(letr- Biildi:-.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadl.llhii;i. Pa.: 422 Commercial Trust Biildling.
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.: 5in Federal Office BuihliIig.
Approved Code No. 323
CODE OF FAIR COMPETITION
DIE CASTING MANUFACTURING INDUSTRY
As Approved on March 8, 1934
APPROVING CODE OF FAIR COM PETITION FOR THE DIE CASTING
A\ MANUFACTURING INDUSTRY
An application having Ibeen duly made pursuant to and in full
compliance with the provision, of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Die Ca4;ting MAilllfintiiring Industry, and
hearings having been duly held thereon and the ainnex'ed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson. Administrator for Industrial Recovery,
pursuant to authority vested in iie 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 re.lpectk with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved subject to the following
condition: that the continued participation of the American Die
Casting Institute in the Code Authority after 30 days from the effec-
tive date of this Code shall be contingent upon its amending its
Constitution and By-Laws to the satisfaction of the Adininistrator.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
W. A. HARRIMAN,
Division Admin ;i, ifrator.
March 8, 1934.
REPORT TO THE PRESIDENT
The Pri>:i. rLT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Die Ca.,itng Manufacturing Iindlltry as revised after the Public
Hearing held thereon in Washington, D.C., on December 20, 1933,
in accordance with the provisions of the Nalti'ial Industrial Re-
PROVISIONS 1;CA;.\IlI NG HOURS AND WAGES
The Code provides a maximum wor k week of forty (40) hours
with an allowance of forty-eight (48) hours per week duiri-ng peak
periods, but such hours worked in excess of forty (40) hours per
week shall not exceed a total of six (6) vwei-k in any six (6) months'
Provision is made that when additional -killedl men are not avail-
able Die and Tool Maklers may be requested to v.-,rk additional
hours, when restriction of hours of these men would unavoidably
reduce the hours of other produrti\v- workers. This over-time is
compensated at the rate of time and one-half.
A tolerance of ten (10) per cent longer hours shall be allowed for
firemen, engineer, electricians, emergency repair and maintenance,
shipping, and delivery crews. Watchmen shall be permitted to work
fifty-six (56) hours per week. The provi-ions as to hours shall not
apply to execuitive-, administrative, and supervisory employees
receiving $35.00 or more per week.
A minimum wage rate of forty (40) cents per hour is provided
regardless of the basis of compensation, with the following ex'cep-
(1) Those engaged in light repetitive work consisting of cl(.;aiing,
finishing, and inspecting shall be paid at the rate of not Ie- than
thirty-two and one-half (: .1.,) cents per hour, but the number of
employees so paid shall not exceed five (5) per cent of the total
number of employees; (Accordiing to inforntiation furnished by the
Industry, this is the only type of factory work for which female
labor is employed; conseql uetly this clause establishes thfe minimum
rato of pay for fe-ijial:; labor.)
(2) Begiiini-' learning a trade in the die talking departments
may be paid at eighty (80) per cent of the minimum rato for a
three (3) months' period, but the number of learners shall not
exceed one for ever ten skilled mechanics.
(3) Ollice workers shall receive a minimum wair of $15.00 p r
week in cities of more than 500,000 population, $14.50 per \\wrkl in
cities of between 250,00(0 andl 500,000 popular iin. and $14.00 per \wok
in all other cities. Office boys (i girls may be paid at not less than
eighty (80) per cent of -nih minimum rates, but their number shall
not exceed five (5) per cent of the total number of office employees.
(4) Partially incapacitated persons may be employed at lower
wages under conditions authorized by an agency designated by the
United States Department of Labor.
Equitable adjust lents of pay schedules above the minimum shall
be made and no employee shall be reduced, nor shall employees be
reclassified to defeat the purposes of the Act.
No person under sixteen (16) years of age shall be employed and
,nne. under eighteen (18) years at hazardous o'clpation,.
ECONOMIC AND ST.ATISTIC'.L MATI'RIA.\L
The illndlstry is not large as there are believed to be less than fifty
firms engaged in producing commercial castings and three-fourths of
the business is concentrated in less than twenty firms. Responses
frjml the firms doing three-follrths of the business show that sales
have dwindled from $20,000,000 in 1929 to $6,000,000 in 1932, and
during the same period, the capital invested dropped from $12,000,000
In each of the years, 1928 and 1929, the total net profits of these
companies amounted to about $1,500,000, but this fell to $13.000 in
1930 and since then there has been a loss, as shown by the following
wage (cents wage (cents
Em- per hour) Weekly Em- per hour) Weekly
Year ployees --pay Year ployees- pa
Male me Male male
1928 ---------- 2, 825 34 27 $103,000 1932--------------. 1, 672 29 24 $48,000
1929 -------- 3,483 35 28 118,000 1933 (March) -----_ 1,823 26 23 138,000
1930 _----------- 2,309 34 28 75,000 1933 (November) -. 2,990 33 30 -
1931 ---------- 1, 776 33 28 55,000
1 First 8 months 1933.
The Industry was unable to as..enible and tabulate figure- of holiurs
worked per week, but it was stated that they have been in excess
of forty (40). It is significant that the minimum wage rates per
hour for both male and female labor, as provided in the Code, show
a substantial increase over those prevailing in 1929. It is also note-
worthy that employment in November, 1933, exceeded that in 1928
and, furthermore, showed a fifty (50) percent increase in the fall
over that in the spring. It is believed that this gain may be further
increased under the Code.
I believe that the Code is fair to Industry, to Labor, and to the
Public and is in accordance with the intent and purposes of the
National Industrial Recovery Act.
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of
all the proceedings in this matter;
I find that:
(a) Said Code is well dle-igned to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
remIloval of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the g,.ne!il welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate govern~ ental -an:t ins and supervision, by eli ninat-
ing unfair competitive practices, by promoting the fullest possible
uitili;.ation of the pr.'-ent productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by inri',-iig the consumption of industrial and agricul-
tiIral products through increasing purliha-.ing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Indlltry normally employs not more than 50,000 cm-
ployees; and is not c.l;.-ified by me as a major industry.
(c) The Code us approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly reptl.i entative of the afor nid Indus-
try; and that said group imposes no inequitable restrictions on
admission to membership tl herein.
(d) The Code is not dt-igned to and will not permit iiionopolies
or I lcmonopolistic practices.
(e) The Code is not designed to and will not eliminate or oppre.-..
inuill enterprises and will not oplrati: to dim.rillinate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasini-, therefore, I have approved this Code subjectt, to
the following condition: that the continued participation of the
American Die Casting Institute in the Code Authority after 30 days
from the effctti\v date of this Code shall be contingent upon its
amending its Constitution and By-Laws to the -a(i-f;atiiln of the
Hrn; S. JohNsoN,
Adm ;,ni ;rator.
MARCH 8, 1931.
CODE OF FAIR COMPETITION FOR THE DIE CASTING
To effectuate the policies of Title 1 of the National Industrial Re-
covery Act, the following provi-ions are established as a Code of
Fair Competition for the Die Casting Manufacturing Indu:try, and
shall be the standards of fair competition for such Industry and
shall be binding upon every member thereof.
The term Industry as used herein in.ludes the manufacture for
sale of die castings. and does not include the manufacture of die cast-
ings when mantufa.ctlured for use as part of another product by the
manufacturer of such other product.
The term die casting as used herein .is a casting made by forcing
molten metal under pressure into a metallic mold or die.
The term employee as used herein includes anyone engaged in
the Industry in any capacity receiving compensation for his services,
irrespective of the method of payment of such comipeInsation.
The term employer as used herein includes anyone by whom
any such employee is comlpensated or employed.
The term "member of the Industry includes anyone engageil in
the Industry as defined above, either as employer or on his own
The terms President", Act", and "Administrator as used
herein shall mean respectively the President of the United States,
Title 1 of the National Industrial Recovery Act, and the Aduminis-
trator for Industrial Recovery.
SECTION 1. On and after the effective date no employee shall be
permitted to work in excess of forty (40) hours per week.
(a) Provided, that during peak periods in which a concentrated
demand shall place an unusual and temporary burden for production
upon the facilities of the Industry, employees may be permitted to
work not more than forty-eigrht (48) hours per week in any six (6)
weeks in any six (6) months period.
(b) Provided. further that firemen, engineers, electricians, emer-
gency repair and maintenance, shipping, and delivery crews shall be
allowed a tolerance of ten percent (10%) based upon the maximums
(c) Provided further that when additional skilled men are not
available Die and Tool Makers, at the request of the employer, may
work additional hours beyond those spl)'ified above when restriction
of hours of these highly skilled workers would unavoidably reduce
the hours of other productive work'r.-, provided ,ich additional
hours shall be paid for at the rate of time and one-half.
(d) Providing further, that nothing in the foregoing employ-
ment provisions shall apply to executives, administrative, a nd' super-
visory employees who receive thirty-five dollars (.*;:*,.00) or more
per week; and outside salesmen.
SECTION 2. Watchmen shall not work in excess of fifty-six (56)
hours per week and not more than six (6) days in any seven (7) day
S.v'Cnox 3. The Industry recognlizc. the desirability of and ac-
cepts the principle of the eight (8) hour working day for labor and
insofar as it reasonably can, the Indu ~try will endeavor to employ
its labor on that basis.
SECTION 4. No employee shall knowingly be piiititted to work
for one or more employers in the na',eregate in excess of the above
preisc-ribed number of hours.
ARTICLE IY-B AES
SECTION 1. No employee except as hereinafter provided shall be
paid at less than the rate of forty cent. (400) per hour with the
exception of those engaged in light, repetitive work, conr iting of
cleaning, finishing and inspecting, who shall be paid at not less
than the rate of thirty-two and ,one-hzilf cents (321, .) per hour,
provided that the number paid at this rate by any member shall
not exceed five percent (5,') of his total number of factory
(a) Provided that beginlner, learning a trale in the die mak-
ing departments, of any plant may be paid not less than eighlty
percent (80%) of the minimmu rate for not more than three (3)
months, and provided further that the numblier of .IIch employees
paid e1.s than the minimum rate shall not exceed one for every
ten (10) skilled mechanics in this department. Provided, l1-o, that
each employer shall be entitled to at least one such employee.
Siu.'rnox 2. Offi e. ac.'oiuting, and clerical employees shall receive
a minimum wage of fifteen dollars ($15.00) per week in cities of
more than five hundred thousand (500,000) population, fourteen
,dllars fifty cents ($14.50) per week in cities of between two hun-
dred fifty thousand (250,000) and five hundred thousand (500,000)
population, and fourteen dollars ($14.00) per week in cities of two
hundred fifty tho.uand (250,000) population and less.
Sr:cioxN 3. These rates shall not apply to office boys and girls,
who may be paid not less than eighty percent (80"'.) of such mini-
mum ra;te-, but the total number of such office boys and girls shall
not e.xc~ d in any calendar month five percent (5o ) of the total
number of office employees for each employer and in no case less
(a) Provided, however, that wlhire any State law reilp ires any
higher minimum w\ges. th la those pecifiied in this Article such
higli.ir minimum wnaes shall apply in all canse-; and
(b) Provided. a per.-oni whose a;in ii, ii ,Iapity is limited bei-'a.-i:
of age or phy ical or mental handicap may be employed on light
work at a wage bIlow\ the iiinimium established by this Code if
the employer obtains froml' the Stat, authority de-igliated, by the
United States Department of Labor a certificate authorizing his
employment at such \wages and for such hours as -hall Ibe stated
in the certificate. Ear-h enmployher shall file with the Code Authority
a list of all such per- 1 tn employed by him.
SECTiON 4. This Article establishiei a minimum rate of pay. reg.ard-
less of whet-her an emiiplyee is (cmpenll ted on a time rate. piece-
work. or other ba-is.
SECTIN 5. Female iiimployees performing -iubl-htaltially the -:,ie
work as male employees shall receive the -;aiw rate of pay as male
SECTION 6. Equitibllt adjustments in all pay schedules of em-
ployees above the iiinimlla shall be made on or before fifteen (15) days
subi-equient to the effective date of this Code by any employers who
have not made such adjustments since NMay 1, 1:3:3.
SECTION 7. No employees receiving more than the minimum rate
shall have their wagte- reduteied.
SECTION 8. Each employer shall post in a con-pic'ous place the
labor provisions of this Code.
SECTION 9. The first report of wages, required to be fih.1l under this
Code. shall coJntaini all wage increasee, made since May 1, 1933.
Ai:rriTI V-GENERAL L.Af'oIo PROVISIONS
SEItrION 1. Employees shall have the riJiht to organize andl bargain
collectively through representatives of their own choosinrg, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents. in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aidi or protection.
SECTION 2. No employee and no one seeking employment hallal be
required as a condition of (iiplo)yiii'nit to join any company union or
to refrain from joining. organizing, or a-i-ting a labor organization
of his own choosing.
SEcTIoN 3. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SECTION 4. No person under sixteen (16) years of age shall be em-
ployed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occu-ipations which are hazard-
ous in nature or dangerous to health. The Code Authoritv shall
submit to the Administrator within ninety (90) days after the effec-
tive date of this Code a list of such operations or occupations. In
any State an employer shall be deemed to have coiimplied with this
provision as to age if he shall have on file a certificate or permit
duly signed by the Authority in such State empowered to issue emii-
ployment or age certificates or permiits showing that the employee is
of the required age.
SECTION 5. Employers shall not reclassify empuloyee- so as to defeat
the purposes of the Act.
ARTICLE VI--ADMI N I.TH.AITTON 1
To further effectuate the policies of the Act, a Code Authority is
hereby col-titluted to cooperate with the Administrator in the admin-
istration of this Code.
SEcTION 1. The Code Authority shall consist of five individuals
from among the members of the Industry, three of whom shall be
elected as regional representative;, one for the region East of the
Meridian, forming the western bounlda y of the City of Buffalo,
New York; one from the region from that line westward to the
Meridian forming the Illinois, Indiana boundary; one from the
region from the Meridian forming the Illinois, Indiana boundary
westward; and two as members of the Industry at large. All shall
be elected by the members of the Industry, each member of the In-
dustry to have only one vote. Such election shall be by mailed bal-
lots which ballots shall be sent to all members of the Inldu-try by
the Secretary of the American Die Casting Institute who is author-
ized to conduct the election. In addition to the membership, as above
provided, there may be not more than three members withotlt vote to
be appointed by the Administrator.
SECTION 2. The expenses of the administration of this Code shall
be apportioned by the Code Authority subject to the disapproval of
the Admini-trantor among the employers of the Industry on the basis
of the number of man hours worked by employees falling under this
Code for the period of any assessments made hereunder and any
other factors which in justice and reason should be considered.
SECTION 3. The Code Authority shall have the following duties
and powers to the extent permitted by the Act, subject only to dis-
approval by the Admin i ist rator.
(a) To make rules and regulations and to appoint such agents as
may be ncress~s:ry for the administration of this Code.
(b) To represent the Industry in conferring with the President
or his agents with respect to the administration of this Code and
with respect to the National Industrial Recovery Act and any
regulation issued thereunder.
(c) To present to the Administrator recoiinlienidations based on
conditions in the Industry as they develop from time to time which
will tend to effectuate the operation of the provisions of this Code
and the policy of the National Industrial Recovery Act.
(d) To collect such reports and statititial data from persons
(eIrgaged in the Industry as may be required to secure proper observ-
ance of the Code. Such data. shall be s-ubmitted to an impartial
agent designated by the Code Authority. No individual reports
shall be disclosed to any member of the Industry or any other party
except to i-uch governmental agencies as may be directed by the
Administrator to secure enforcement of the provisions of this Code.
(e) To prescribe methods and conditions for the reporting of
prices subject to the disapproval of the Administrator.
(f) To cooperate with the Administrator in making investigations
as to the functioning and observance of any of the provisions of this
'See p]ij :i'rahlll l 2 of order aipprovinpg lhis Code.
Code, at its own in-tance or on complaint by any person affh.te.d,
to adjust complaints directly or through its designated age.iil-, and
to report complplinit- or violations to the Administrator.
(g) To inform the Pre.-idleiit on behalf of the I11i i:-try as to the
importation of competitive article. into the United States in sub-
stantial quantities or ilncreasiing ratio to domestic production on such
terms or Inder such conditions as to render ineffective or seriously to
endanger the maintenance of this Col and make complaint to the
President on behalf of the Industry, under the provisions of the
National Industrial Recovery Act, with respect tlhereto.
(h) Any action taken by the Code Authority, or other group
within the Industry, for the pur-pose of iimaking etfft' tive the provi-
sions of this Code, may in the discretion of the Code Authority or
such other group be submitted to the Administrator for approval,
and shall, in any case, be subject to the disapproval of the Adminis-
(i) Nothing cointailjied in this Code shall constitute the meimber:n
of the Code Aiuthlority partners for any purpose.
ARTICLE VII-S'T.\1 1~Tric .
In addition to information requitrel to be submitted to the Codle
Authority, there shall be furni.-ihed to Governoment Agents such
statistical information as the Adlinii-trntor may deem necessary for
the purposes recited in Section 3 (a) of the Act.
ARTICLE VIII-Ti.:-.ip: PRA'T (
The practices and methods as set forth in this Article are hereby
designated as unfair methods of coliiipetition, and indulgence by any
member of the Industry in any of the same 1hall be a violation of
SECTION 1. To make or cause or permit to be made or published
any false, inaccurate or deceptive statement in any material detail
by way of advertise ment or otherwise, whether concerning the grade,
quality, quantity, sib:,tancme, character, nature, origin, size, finish, or
preparation of any product of the Industry, or the credit tornA..;,
values, policies, or services of any inember of the Inldustry, or other-
wise, having the tendency and capacity to mislead or deceive cus-
tomers or prospective c(n-tmer.s.
SECTION 2. To use or s.bl-tittte materials inferior in quality to
those specified by the purchaser without the knowledge and consent
of the purchaser.
SECTION 3. TO allow a discount for 1payi ent in advance of the
due date greater than one percent (1;.) on castings or to allow any
discount for cash on dies and tools.
SECTION 4. No member of the industry shall give, permit to be
given, or directly offer to give, anything of value for.the purpose of
influencing or rewarding the action of any employee, agent, or rep-
resentative of another in relation to the biiiness of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except as far as such articles are actually used for commercial
bribery as hereinabove defined.
SECTION 5. To fail to charge the customer for any castings in
process, as well as the cost of dies and tools discarded because of
changes in the order made by the customer.
SECTION 6. Ina1.nic1111 as full compensation for the special en-
gineering, maintenance, storage, handling, insurance and repair of
dies and equipment is not included in the price, being as-sumed by the
die caster, and for this reason and because of the special character of
the processes, the dies and tools shall be the joint property of the
customer and the die caster. Therefore it is an unfair method of
competition to fail to make a charge to cover the special engineering,
maintenance, storage, handling, insurance and repair of dies and
equipment before transferring possession of the die to the customer.
This charge shall be determined by the Code Authority and shall be
subject to the disapproval of the Administrator.
This clause need not apply in cases where the maker of the die
delivers it to the buyer who owns (lie casting machinery purchased
from the maker of the die.
SECTION 7. To fail to include in all quotations, acknowledgments,
orders, or contracts covering dies to be used for supplying castings
a provision reading as follows: the above described dies will remain
in our possession and control, and when for three con-etctive years
no orders are received for castings to be made from such dies, they
will be considered as obsolete and may be destroyed by us after
giving thirty (30) days written notice thereof to the customer."
SECTION 8. To quote on die ca.tings to be produced from dies
in the possession of another die caster.
SECTION 9. To quote prices on castings without quoting a separate
charge which covers the cost of constructing the necet.-a ry dies and
tools required for the production of such castings.
SECTION 10. To accept requirement contracts without a specific
minimum which shall not be less than seventy-five percent (75%)
of the maximum and without specifying the time limit, except where
such contracts permit of a price adjustment on date of release of
quantities under the contract.
SECTION 11. To withhold from or ini-ert in an invoice anything
which would make the invoice a false record, wholly or in part, of
the transaction in question, or make any arrangement. which would
contemplate payment or settlement contrary to the face of the
SECTION 12. MaliciouSly inducing or attempting to induce the
breach of an existing oral or written contract between a cmIpetitor
and his customer or source of supply, or interfering with or obstruct.
ing the performance of any such contrantual duties or services.
SECTION 13. To initate or simulate the trade limark, trade name,
package, wrapper, or label of a competitor's product to such a
degree as to deceive or have a tendency to deceive cvustolers.
SECTION 14. To give buyers guarantees against price decline,: or
protection against price advances.
SECTION 15. To accept orders or releases for production in quan-
tities sub.-tantially less than those (.stiuited as a continuous run
on which the sales price was h'a-e., unless an a1llitimiiil c.1aiirg
covering increa-edi cost per piece be made.
SECTION 16. The defaniation of comipetitor.- by falsely impliitilng
to them dislhonorable conduct. inability to perform contracts, 'lii,-
tionable credit standing. or by other false repre-en tations or by the
false disparagement. of the grade or quality of their go,1.-.
SECTION 17. To sell any d1ies, tool.., ca-tiil.. services, and/or any
one of these at a price, or upon terms and conlition-, which will
result in the customer's paying for the goods receive.1 less than
the cost thereof to the seller, ilhtcirminell in ;rorlardia'v with the
method of costing described in Article IX, Section 1; provided,
however, that nothing herein contaim'd shall prevent any ii~-i.li]i r
of the Industry fiomn iieeting the price of any coml,'titor who is
not himself selling below cost.
ARTICLE IX-COST FINDING AND SALE ':I.Diiw CosT
SEC Tr N 1. The Code Authority shall c.i I-e to be formulated an
accounting system and methods of cost finding and/or esttiating
capable of use by all members of the Inlu-try. After -u'h sy-temu
and methods have been formulated, full details roic ernin;"i them
shall be made available to all members. Tlhereafter all im-embters
shall determiniM and/or estimate c,,-t- in accordance with the
principle-; of such methods.
SECTION 2. When the Codle Authority determines thlt an emelr-
gency exists in this Indusitry and that the cause thereof is destructive
price-cutting tuchl as to render ineffective or seriously endianger the
maintenance of the provisions of this Code, the Code Authority may
cause to be determined the lowest reasonable cost of the prodiI'ts
of this Industry, siicli d'lteriiina;tion to be subject to .-iuch notice and
hearing as the Admini-trator uniy require. The lAdlmini-trator may
approve, disapprove, or modify the detirminiation. Thereafter, dur-
ing the period, of the ,nierg'iry, it shall be an unfair trade practice
for any nmeimbler of the Indhil.try to sell or offer to sell any products
of the Industry for which the lowest reasonable cost has been deter-
mined at such prices or upon such terms or conditions of sale that
the buyer will pay le-. therefore than the lowest reasonable cost of
When it appears that condition, have changede. the Code Authority,
lpon its own initiative or upon the request of any interested party,
shall cause the determination to be reviewed.
SEcTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in ancordan.-e with the
provisions of sub-section (b) of Section 10 of the National Indus-
trial Recovery Act, from time to time to cancel or nmodify any order,
approval, license, rule, or regulation issued under Title 1 of said
Act and -pecifically, but without limitation, to the right, of the Presi-
dent to cancel or modify his approval of this Code or any conditions
implj-cV' by him upon his approval thereof.
SECTION 2. Sutch of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
Admini-trator. be modified or eliminated as chmages in circuIlstances
or experience may indicate. It is contemplated that from time to
time supplementary provisions to this Code will be submitted for
the approval of the President to prevent unfair competition in price
and other unfair and de.truictive competitive practices and to effectu-
ate the other purposes and policies of the Act consistent with the
ARTICLE XI-MONOPOLIES. ETC.
No provision of this Code 1-hall be so applied as to permit imlonopo-
lies or monopolistic prartice-, or to eliminate, oppress, or discrimi-
nate against small enterplri-es.
This Code shall brIome effective ten (10) days after its approval
by the President.
Approved Code No. 323.
Registry No. 1224-1-02.
UNIVERSITY OF FLORIDA
1 II 111II1I III IIlO I 1IWI 6III1 W IIIIII I
3 1262 08582 8688
A pproved Code No. 323 Registry No. 1224-1-02 NATIONAL RECOVERY ADMINISTRATION â€¢ CODE OF FAIR COMPETITION FOR THE DIE CASTING MANUFACTURING INDUSTRY f t. I AS APPROVED ON MARCH 8, 1934 WE DO OUR PARl ' ----UNITED ST ATES I GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ----Price 5 cents
â€¢ This publication is f o r sale by the Superintendent o f Documents, Gov ernment Printiug Office, Washington, D.C., and by di strict ofl1ce s of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMEHCE 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. Chicngo, Ill.: Suite 170G, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, 1\li c h . : 801 Fir t 'ational Bank Builclin g. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo. : 1028 Baltimore A venue. Los Angeles, Calif.: 11G3 South Broadway. Louisville, Ky. : 4Q8 F e d eral Building . Memphis , T e nn. : 229 F c1e ra1 Building . Minneapolis, Minn. : 213 Fecleral Building. New Orleans, La.: Room 225"A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia. Pa.: 422 C omme r c i a l Tru:::t 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, Wa h.: 80 9 F cleral Offic Building .
Approved Code o . 323 COD E OF FAIR COMPETITION FOR THE DIE CAST I NG MANUFACTURING INDUSTRY As Approved on March 8 , 1934 ORDER APPROnxo DE OF F AIR Co!vIPETITIOX FOR THE Drn CAsnxa J\IAX"GFACTGRIXG IXD"CSTRY An application haYing Geen dnly m ade pur ' Uant to and in full comp liance with the provi s i o n. of Title I of the :National Industrial Recovery Act, approve d Jnne 1~3, 1933, for appro, al of u. Code o f Fair Competition for the Die Ca t in g :Manufacturing Indu try, and hearings having been duly h eld thereon and the an n e x ed report o n aid Code, containing findin gs with resp e t the r e to, havin g been made an l directed to the Pre iclent: NO, V, THEREFORE, on behalf of the Pre.iclent of the United States , I, Hugh S. Johnso n. Admini trutor for Indu. trial R e OYery, pursuant to authority v e ted in me by Executive Orde r s of the Presi dent, including Executive Orde r No. G543-A, elat e d D ecem b e r 30, 1933, and otherwise; do h e r e by incorporate by reference said annexed report. and do find that said Code complies in all respect s with the pertinent proyi ion s and will promote the p o lic y and purpo es of . a i d Title of said Act; and do here by order that aid Code of Fair Competition be . and it i s hereby approve d ubject to the f o llowing condition: that the continued participation of the American Die Casting I n stitute in the Code Authority after 30 clay from the effec tive date of this Code shall b e contingent upon its amending its Con stitution and By-baw to the ati faction of the Aclmini trato r. Approval recomrn.ended: w . A . H A RRIMAN, HuaH S. ,JoH~so .... -, Acbnini fratm fo1' I ndustrial R cov er-y. Division Adrninis trato1'. WASHINGTON, D. C., Ma rc h 8, 19 34 . 45054-425-42-34 (525)
REPORT TO THE PRESIDENT The PRE, IDENT, The White House. Sm: This is a report on the Code of Fair Competition for the Die Casting Manufacturing Indu try a s revised after the Public Hearing h eld thereon in ,v ashington, D . C . , o n D e emb e r 20 , 1933, in accordance with the pro vi i o n o f the National Industrial Recov ery Act. PROYISIOXS R E GAP.DIXG H O"CRS AXD "\Y AGE S The Code provides a m aximum -nork we e k of forty ( 40) hours with an allowance of forty-eight (4 ) h our p e r -..ree k during peak periods, but uch hour w orke
527 eicrht y ( 0 ) p e r cent o f . u c h minimum rat b u t th ir numb e r h all n o t e xceed five ( 5 ) I r ent of the total numb r of offi e e m p l oyee . ( 4) Pnrtia lly in a p a ita t ed p e r o n m ay b e employe d at l owe r wa ge unde r conditio n autho riz l b y an a ge n cy des i g n a t e d l y the Unite d tat D epartment o f L a b o r. Equitable a ljustment of pa y sch e dul e s ab ove the m i nimum shall b e m a d e and no mployee shall be r educe 1 , n o r hall emplo y ees b e r e cla ifi e l t o d efeat the purpo . e o f the A c t. No p e r o n unde r sixteen (1 6 ) year of a ge h a ll b e e m p l oye d and n o n e und e r i ghteen (1 8 ) year a t h a zardou s ?ccnpatio n . EC ONOMIC AND ' T ATISTICAL l\IATEilIAL T h in lu try i s no t large a the r e are b e li e v e d t o b e l e tha n fifty firms e n gage d in produ ing comm e r c ial ca tings and three-fourt h s of the bn sines i oncentrated i n les than twenty fitm s . R esponses fro m the firm loing three-fourth of the bu . iness s how that sa l es have dwi ndle d from $2 0 ,000, 000 in 1D29 t o $ 6 , 000 , 000 in 19 3 2 , and during the sa m e p erio d , the capita l inve t e d dro pped fro m $ 1 2 , 0 0 0 000 t o $ 7 000 000. In eac h of the yea r s, 1 928 and 1 929, t h e t o t a l ne t profits o f t h e s e c ompa n i e . amounted t o a b o u t $ 1 ,500 , 000, but thi fell t o $ 1 3 . 000 in 19 3 0 and ince the n the r e h a been a l o s , a s h own b_y the fo llowing t a bl e : ---M ini mum M inimum wage (ce n t s wag e (c ents Em-per h our) Weekly Em-p e r hour ) W ee k l y Year p l oyees pay Y ea r p l o y ee s pay roll r oll M a l e Fe-M a l e F e m a l e m a l e ---1928 _ _ ____________ _ _ 2,8 2 5 34 27 $103,00 0 1932 ____ _ ________ ___ 1 ,672 29 2 4 $48,0 0 0 1929 _ ____ ___________ 3,48 3 35 28 118,0 0 0 1933 (Mar c h ) _______ 1 ,823 26 23 138, 0 0 0 1930 ___________ _____ 2,30 9 34 28 75,0 0 0 1933 (NoYe mber) ___ 2,990 3 3 3 0 ------1931 ___ _ _ ___________ 1 , 776 33 28 55,000 -1 Firs t 8 m o n t h s 193 3 . The Indu try 'TT"a unabl e to a e mbl e and t abula t e fig u re of h ou r s work e d p e r week, but it wa s tate d that they have been in e xce s of f o rty (40). It i s s ignifi cant that the minimum w age r a t e s p e r hour f o r both male and female labor, a s prmide d in the C od e, s how a s ubstantial increase over thos e prevailing in 19 29 . It i s al s o n o t e worthy that e mplo y m ent in Novemb e r , 19 3 3 , e xceed e d that in 1 928 and, furthe rmore , s how e d a fifty ( qO) p ercent inc r eas e in the f all over that in the sprin$. It i s b e liev e d tha t this gain may b e fu rthe r inc r ea eel under the vode . I believe that the Code i s fair to Indu try, to Labor, and t o the Public and i s in accordance with the intent and pur p oses of the National Industrial Recov ery A c t. The A s i stant Deputy Administrato r in his final r eport t o m e o n aid Cod e having foun l a s h e r ein e t forth and on the ba s i s of all the proc eeding s in this . matter;
5:28 I find that: (a) Said Code i well de signed to pronlote the policies and purpo e of Title I of the National Indn. trial Reco,ery Act, including r mo,al of ob trnction o the fre0 flo" of interstate and foreign com merce ,d1ic h tend to Lbmini h th" amount thereof an 1 will provide f r the general "elfare by promoting the organization of industry for the purpo e of cooperative action among the trade groups, by inducing and maint aining united action of labor and management under adequate go,ernmental a n ctio n s and uper-vi ion by liminating unfair comp titi,c practice , by promoting the fulle t po sible utilization of th pr .~ nt proclucti,e capacity of idu tries by a,oiding undue re tric:tion of production ( except as may be temporarily required). by increa ing the consnmr tion of indu trial and agricultural products lnongh inc r ea in purcha ing powe r , by reducing and r elie,ing unemploymen t, by improving tanclarcl of labor, and by other'TT'i. e rehabilitating indu. try. â€¢ (b) Said Industr) normally employ not more than 50 000 em ployee and i not cla ~ ified by me a a major indu try. ( c) Th Code as appro, cl comp lie . in all respect. with th pertinent proYi i on ~ of :::aid Title of ai 1 Act, including without limitation Sub ection (a) of ction 3 n b ection (a) of Section 7 and ub ection (b) of Section 10 the r eof ; and tha the applicant group i an indus ~ rir.l group truly representati, of the afore aid Industry and that aid oToup impo e.-no inequitable re .triction on udmi sion to m ember hip therein. (cl) The Co le i not clerâ€¢ig:ne 1 to and will not permit monopolies or rnonopoli tic practices . ( e) The Code i not de igned to and ',Yill not eliminate or oppre mall enterpri es and will not operate to 1i crimina te a O'ain t them. (f) Tho e engaged in other tep of the economic proce have not b en lepriYed of the right to be heard prior to appronll of aid Code. For the e reason therefor , I ha.Ye approYecl thi Code ubject to the following condition: that the continued participation of the Am ri an Die Ca ting Institute in the Code Authority after 30 lay from the effective date of this Cod .-hall be con tingent. upon it amending its Con titution and By-Law.-to the . ati~fadi n f the Aclmini trator. R e pectfnlly l\Lrn u , 19: 4. H "GGH . J OIINSOX Admini, tratm'.
ODE OF FAIR O1\IPETITION FOR THE DIE .. TI G 1fANlF T RING I DG TRY ..c RTICLE I-PLRPO ~ E To effectuate the policie~ of Ti le 1 of the X a tional Indu trial Re covery Act the follo":ing provi ions are e ~tabli heel as a Code of Fair Competition for the Die Ca ting Ianufacturing Inclu try, and hall be the tan lards f fair com .petition for uch Indu try and , _hall be bin ling up n eyer member thereof. ARTICLE II-DEFIXITIOX The term Indu -try as u eel herein inclu le th manufacture for ale of clie ca ting , and doe not include the manufacture of die ca ting "hen manufactured for u e a part of another product b the manufacturer of uch other product. The term die ca ting :: a used herein .-i a ca ting made by forcing molten metal under pre ure into a metallic mold or die. The term employee: as u eel herein includes anyone engaged in 1.he Indu try in any capacity receiving compen ation for hi~ ~ er-,ic e., irre pective of the m thod of payment of uch compen at.ion . The term â€¢ employer' a u eel herein inclu 1e anvone by "hom un . uch employee i compensated or employe l. The term member of the Industr ' include anyone engaged in the Indu try a defined abo,e ejther a employer or on his own behalf. The term â€¢ Pre i lent:, .Act â€¢ and '.Admini trator a u eel herein hall mean re pectively the 'Pre ident of the "Gnited State , Title 1 of the Xational Industr.ial Reco-,ery .Act and the Admini. -trator for Indu trial Reco-,er . .,__"\.RTICLE III-Ho-cR ECTIOX 1. On and after the ffecti,e elate no employee hall be permitted to work in exce of forty ( 40) hour per week. (a) Provided that luring peak periods in which a concentrated demand hall place an unusual and temporary burden for; production upon the facilitie of the Indu try, employee ma be permitted to ,York not more than fort -eight ( 48) hour per "eek in any uix ( 6) week in any ix ( 6) months period. (b) Provided, further that firemen engineer~ electrician emer gency repair and maintenance, hipping and delivery crew shall be allowed a tolerance of ten percent (10 % ) ba eel upon the maximums above pre cribed. ( c) Provided further that when additional killed men are not a-vailable Die and Tool )faker at the reque t of the employer may (529)
530 work additional hour. b-..y oncl th, .-e s pecified aboY e -when re triction of h our.-o f t h ese hi.ohl y !-;kille d , Y orke r s woul l unaYoidably reduce the honr of ot h e r c-productiY e ,Yor k e r s , proYid ecl s u c h adc}itional h ours s h all b p aid f o r at t h e rat of time and one-half. (cl) Pro Yidin g further, that n othing in the foregoing employ m e n t pron..-ion s hall apply to xecutiYe , admini tratiYe, and uper-vi ory emplo 3 ee who r eceiYe thirty-fiv dollar ( $3 t .00) or 1nore p e r ,Yeek; and outs i l e sale m e n. SECTIOX 2. , Ya t chmen hall nut "ork in e x ces of fifty-ix ( 56) hour p e r w eek an l n o t m o r e t h a n six ( 6) days in any. e , e n (7) lay p e riod. SECTIOX 3. The Ind u try r ecognize th d esirability of ancl a -c ept the I rinciple o f the eight ( ) hour ,Yorking day :for labo r and insofar a s it rea onably c an, the Inclu try will en l e aYor t o employ it labo r on that bas i . SEC TIOK 4. J o emplo y ee s h all k n 1Ying l y b e p ermitt cl t o work for one o r more employers j n the a goTe?at e in ex c e s . of the aboY e pre.jcribccl numbe r o f h o u r s . ART I C L E IY-"\Y.\. ES SECTIOX 1. No emplo y ee e x cept a s hereinafte r proYi l e d shall be p a i d at l e . than the rate of f orty cent ( 40 ) p e r hour w ith the e xception of those engaged in light, repetitiYe ,York, c o n i sting of cleanino-: fini shing and ins p ecting . who hall be paill at not 1 s than t.he r a t e of thirty-two and on -half cent (32 1/ ~ ) per hour, proYiclecl that the numbe r paid at thi rate b: any member hall n o t x eecl fiye p ercent ( 5 :Yc ) o f hi.-t otal numbe r of factory em1 l oyee . ( a) Provide d that b eginne r.-l earning a trade in the die making d epartment o f any plant may b e paid not le than eighty p ercent ( 8 0 % ) of the minim nm rate for not more than thr e (3) month . ..:, and provide l furthe r that the number of snch emplo e paid le than the minimum rate shall not exc eed one for every ten (10) skille d me chanic in this cl partment. ProYid ecl, al o, that f'ac h employe r shall b e entitle l to at l e a ~ t on e s u c h employee. SECTro_ T 2 . Offi ce, ac ounting, and l erical employ . hall rec eiYe a minimum wage of fifte e n d ollar~ (.'15.00) per w ek in iti of m o r e than fiy c hundred thou.'and ( 5 00 000) population, f urte n dollar. fifty nt ( $ 14.50) p r " . e k in citie of betwe en tw hunlr l fifty thou an 1 (2-0, 000) and fiv hundred tho u and -o 000) population, and fourteen lollar ($14.00) per we k in iti . of two lnmdre l fif t y thou. and (25 0 , 000) p pulation and le . S E TIOX ' . These rate shall not apply to offi e b wh may b paid n t 1 , than eiahty I r ent ( 0 7 ) of mum rate. but th total numbe r of 1 h offi. b y an l irl hall n t _ . e c1 in any al ndar m nth fiv p r nt ( 57 ) of th t tal numb r f :ffi mpl y c . for ea h 1111 lo r an 1 in n 1 s t h a n one . (a) Prov i l e d , h , v Y e r , that whe r any r eqmr any l1ig h r mi nimmn w a : than tho. c -'P ifi l in thi.-\.rti 1 uch fog lwr 11inimum w a a _. shall apply in all use. and
b) Pr Yid 1. a per. n who. e arning apa ity j limit 1 be ~u of ag or I hy . ..:ical r mental handicap may b emr 103 l n light ,,-ork at a wao-lmY the minimum e . tal li hed bv thi ode if the mpl yer obtain fron th tat anth 1:ity c1 10-nate _ l _b} tl:e -Cnited tate. D partment of L bor a c rbfic.:ate authonz1ncla.:. ify mployee o as to defeat the pnrpo e of the Act.
ARTICLE YI-ADl\fIKI TRATIO~ l To further effectuate the policie of the Act a Code Authority is hereby con . tituted to cooperate with the .... dmini -trator in the admini tration of thi. Code. SECTIOX 1. The Code Authority hall consist of five individuals from among the member of the Indu try, tliree of who1n shall be elected a . regional repre entatfres, one for the region East of the Meridian, forming the we tern boundary of the City of Buffalo, New York; on e from the region from that line westward to the ~Ieridian forming the Illinoi , Indiana boundary; one from the region from the :Meridian forming the Illinois, Indiana boundary we tward; and two as member. of the Indu try at large. All shall be elected by the member of the Indu try, each member of the InJ du try to lrnYe only one Yote. Such election shall be by mailed ballot which ballots shall be sent to all members of the Industry by the Secretary of the American Die Ca ting In titute who is author ized to conduct the election. In addition to the member hip a aboYe provided, there may be not more than three members without vote to b e appointed by the Administrator. SECTION 2. The expen e of the admini -tration of this Code shall be apportione d by the Code Authority s ubject to the di approval of the Aclmini trator among the employers of the Indu try on the ba is of the number of man hour worked by employee falling under thi Code for the p eriod of any a e ments made hereun ler and any other factor s -n~hich in ju tic e and reason should be con idered. SECTION 3. The Code Authority shall have the following duties and power s to the extent permitted by the Act, ubj ect only to di -approval by the Admini trator. . (a) To make rules and regulation and to appoint uch agent a may be nece sary for the admini tration of thi Code. (b) To r epre ent the Industry in conferrina with th Pre ident or his agents with respect to the administration of thi. Code and with re spect to the National Industrial Recover} A t and any regulation i ued thereunder. ( c) To present to the Admini trator recommendation ba el on condition in the Indu try as they develop from time to time whi h ill tend to effectuate the operation of the pr' ision of this Co le an l the policy of the .r ational Inclu trial Recovery Act. ( d) To collect uch reports and . tati tical lata from per OH" ' en aged in the Industry a may b required to e ure proper ob er -an e of the Code. Su h data shall b ubrnitte 1 to an impartial ag nt de ignated by th Code uthority. o in livi lual r p rt. shall be di closed to any member of th In lu try or any th r party e pt to uch aovernm ntal a o n i s a . may b dir ct l by th A
53u Code, at it own in . ta1 c or on ompln int by nn. r person affe t d, to adju t omplaints directly r through its de ignate 1 aaen . , and to report complaints or violation. to the clministrator. _ (g) T? inform the ident. on b~lrn,lf of the. Indu try as. to the importation of competiti-ve articles into the United State 1n ub_ tantial quantitie o r increasing ratio to dome tic production on such terms or under s uch condition as to render ineffecti ,Te or seriously to ndanaer the maint nance of thi Code and make complaint to the Pre iclent on behalf of the Industry, under the proYision s of the National Industrial Recov ery Act, with re pect thereto. (h) Any action taken by the Cod Authority, or other group within the Indu. try, for the purpo e of making effective the provisions of this Code, may in th di cretion of the Code \..uthority or such other group be ubmittecl t the Admini trator for approval, and shall, in any ca se, be sub j ect to the <.1is approYal of the Administrator. ( i) Nothing contained in thi Code shall constitute the member:, of the Co le Authority partn r for any purpose. ARTICLE YII-STATL'TICS In a ldition to information required to be ubmittecl to the Code Authority, there hall be furni heel to Government Agent s uch statistical information as the Administrator may deem necessary for the pnrpo . e. recited in Section 3 (a) of the Act. AnTr 'LE VIII-TnADE PnACTICES The practices and 1nethods a. set forth in thi Article are hereby designated a unfair method of competition, and indulgence by any member of the Indu try in any of the same shall be a violation of this Code. SECTION 1. To make or cause or permit to be made or publi heel any false, inaccurate or deceptive statement in any materia l detail by way of adverti ement or otherwi e , whether concerning the grade, quality, quantity, s ub tance, character, nature, origin, s ize, fini h, or preparation of any product of the Industry, or the credit t erms , value , policies, or e1Tice of any member of the Indu. try, or otherwise, having the tendency and capacity to mislead or deceiYe cus tomers or pro pecti ve customer . SECTION 2. To use or s ub titute materials inferior in quality to tho e specified by th purcha. er without the knov ;le
534 and general distributio n o:f articles commonly used for advertising except a s far as s u c h articles are actually used for c ommercial bribery as hereinabove defined. SECTION 5 . To fail to charge the customer for any castings in proce s, a w ell a s the cost of dies and tools discarded because of changes in the order made by the customer. SECTION 6. Ina much as full compensation for the special engineering, maintenance, torage, handling, insurance and repair of die s and equipment is not include d in the price, being a ssumed by the die caster, and for this reason and becau e of the s pecial character of the processes, the die and tool hall be the joint property of the customer and the die caster. Therefore it is an unfair method of competition to fail to make a charge to cover the special engineering, maintenance, storage, handling, insurance and repair of dies and equipment b efo re transferring p osse ion of the die to the customer. This charge shall be determined by the Code Authority and shall be subject to the disapproval of the Administrator. This clau se need not apply in cases where the maker of the die delivers it to the buyer who owns die casting machinery purchased fro1n the make r of the die. SECTION 7. To fail to include in all quotations, acknowl edgments , orders , or contrac t s covering dies to b e used for snpplying castings a provision r eading as follow s : " the above d escribed di e will remain in our p ossession and control, ana when for three consecutive years no orders are rec eived for castings to b e made from s u c h die s, they will be con sidere d a s ob olete and may be de stroye d by u after giving thirty (30) days written notice thereof to the c u tomer." SECTION 8 . To quote on die ca ting to b e produced from die s in the possession of another die caster. SECTION 9. To quote prices on ca. tings without quoting a separate charge which c ov e r s the cost of constructing the n eces ary die s and tools require d for the production of uch casting . SECTION 10. To accept requirement contracts without a, s pecific minimmn which shall not be le s than se venty-five percent (75 % ) of the maximum and without specifying the time limit, except where s u c h contracts p ermit of a price adjustment on elate o f relea e of quantities unde r the contract. SECTION 11. To withhold from or in ert in an invoice anything which would make the invoice a fal e record, wholly or in part, of the transaction in que. tion , or make any arrangement which would ~ont~mplate payment or settlement contrary to the fac e of the 1nv01ce. SECTION 12. : Mali ion ly inducing or att mpting to induce the breach of an exi ting oral or written ontract between a comp titol' and his customer or source of supply, or interfering with or ob tructâ€¢ inO' the performanc of any u h contra tual lutie or . rvice , . SEOTION 13. To imitat or imulate the tra 1 mark, tra l e nam , package, wrap.per, or label of a competitor'. proclu t to u c h a degr ee as to dee ive or have a tende n y to clcceiYe c u -tom r .. SECTION 14. To giv buyers o-uarantees against pric de line s or protection again -t price advanc . ECTION 15. To accept ord rs or r 1 a e for production in quantitie . ubstantially le than tho:e esfrmated a s a eontinuou. run
535 on whi h th wa. 1 a . eel, unl ~-an ad li ion al harrre o-v nng 111 rea -t p r pie e b mad . 1E TIOX 16 . The defamation of competitor. by faLely impu inO' to them di honorable conduct, inabilit ' to perform contra t. , que tionable Teclit tanding r by other al e repre ntation or b) ' the fal e di paraa ment of th o-rade or qualit ' of their o-ooct. E TION 17. To ell any die .... tool ca tino~ enice and/or any one of the e at a price, or upon term an l con lition , "TT"hi h will re ult in the cu -tomer '. pa yin er for the O'OOcl recefr c1 l e than the co t ther of to th , eller. determined in accordanc e "TT"ith the metho l f co ting de c ribecl in _ rticle IX, ection 1 ; prO',iclecl, ho"IT" ,er, that nothino herein contained hall pr ,ent any membe r f the Indu tr. , fr m m eting the pri e of an~ c mpetit r TI"ho i n t him elf elling belo"TT" co t. ARTI LE IX-Co T Frxmxo ~ \.XD , ALE BELOW Co . T ' E 'TIOX 1. The od uthority hall cause t b e formulated an accounting s .... tern and method of co t findin o and/ r c:timating capable of u e by all member~ of the Inclu try. After uch y , ;te m and method ha,e b een formulated full detail. cone rning them hall be made a,ail ab l e to all member.. Thereafter all members hall determine and/or e tinrnt co~t. in a corclance with the principles of s u ch method . E TIOX "' yvhe n the od uthority cl termin that an eme r gency exist in thi Indu try an l that the cau e th reof i le tructive price-cutting uch a to render ineffective or eriou -ly en langer the maintenance of the pro,i ions of thi Code the Code Authority may cau e to be determin cl the lo"TT"e t rea onable co t of the pr du t of this Indu try, uch determination to b e ubject to uch notice and hearing as the lmini trator may r equire. The Admini trator may approv , di approve or modif the determination. Thereafter luring the period f the emergency, it hall be an unfair trade practice for any member of the Inclu try to ell or off er to ell an products of the Ind u tr f r which the lowe t rea. onable co t ha been determined at uch price or upon uch term or condition of ale that th buyer will pay le:--.-therefor than the lowe s t rea onable co t of such produ L. ,, hen it appear that condition have chano-ed the Code uthority, upon it.-wa initiative or upon the reque t of any inte re ted par(, hall awe the determination to be reviewed. RTICLE X-~ fODIFIC.\.TIOX SEcTro_ -1 . Thi 'ode an l all the pro vi ion th reof are exp re ly made ubject to th right of the Pre ident, in accordance with the I rovi ion of uhsection (b) of ection 10 of the :rational Indu -trial Recovery ct, from time t time to cancel or modify any order, approval licen e . rule or recrulation i ue l under Title 1 of aid ct an l pecificall -, but "TT"ithout limitation, to the right of the Pre ident to cancel or modif. his approval of thi Code or an conditions impo eel by him upon his ar proval there of. ,,.
536 SE TIOX 2. Su h o f the pro, j,.ion s o f thjs Code a are not required to b e include d therein bv the A t n uy, with the approYal of the A lmini trator. b e moclifi c1 or liminatecl a . change in ircum tances or experience may indica t e . It is ont mplated that from time to time upplementary provi ion s t.o thi. Code will be submitteJ for the approYal of the Pre ident to l reYent unfair competition in price and other unfair an l d e -tructiYe competitive prac tice and to effectuate the other purpose.-and policie . of the A t con i . tent ,,ith th pro vi ion the r of. ARTICLE XI-f XOPOLIES: ET . o provi ion of this ode . hall be . o applied a.-to p nnit monopo lies or n1onopoli tic practice , or t o eliminate 01 pre ., 01 di riminate again t mall enterpri e . ARTI LE .,..II This Code hall b e ome effecbYe ten (10) lay aft r its approval by the President. Appro-,ed Code o . 323. Regi. trs To. 1224-1-02. 0
UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII Ill llll llll llll lllll I I 3 1262 08582 8688