Citation
Proposed code of fair competition for the molybdenum mining industry as submitted on August 29, 1933

Material Information

Title:
Proposed code of fair competition for the molybdenum mining industry as submitted on August 29, 1933
Portion of title:
Molybdenum mining 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:
4 p. : ; 24 cm.

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Subjects / Keywords:
Molybdenum industry -- Law and legislation -- United States ( lcsh )
Molybdenum mines and mining -- Law and legislation -- United States ( 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:
"Registry No. 1218-08."

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:
004931405 ( ALEPH )
646133907 ( OCLC )

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Registry No. 12108-O


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE OF FAIR COMPETITION

FOR THE


MOLYBDENUM MINING


The Code for the Molybdenum Mining Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


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


INDUSTRY

AS SUBMIITTED ON AUGUST 29, 1933


.J DO 9UR PART








































Dlgltlzedj by the Interne[ Archw~e
in 2011 with funding from
University of Florida, George A. Smathers Libraries with SuppOrt frolm LYRASIS and the Sloan~ Foundation


http://www.archive.org/details/proposedcodof99ui












CODE OF F`AIR COMPETITION OF THC-E: MOLYBDENUMI
MINING INDUSTRY

ARTICLE I--PITRPOSE OF THE CODE

SECTION 1. The Code is adopted pursuant to the requirements of
the National Indust~rial Recovery~ Act and particularly~ in response
to Bulletin No. 2 of the National Rlecovery Administration dlated
Junie 19, 1983.
SEC. 2. The purpose of the Codle is to eff~ctuante the policy of
Title I of t~he National Indtustr~ial Recove\ry Act insofar as it is
app~lienble to the Industry.
SEC. 3. The Indlustr~y submits that it stands wh ol hear~~~t elly,
actively, and a~ggressively for the Nationfi Indu~str~ia Rec~ove~ry Act,
and for the adlminlistr~ationl thereof to a successful conclusion and
to this end teniders its ev-ery! facility to the NaIJtional Recovery
Ad mi nist rat ion.
ARTICLE I1-EFINITINS

S~ECTIOrN 1. The "Mnolybdct~ l~num M~ining Industr~y is defined to in
clude thle lining anld concentra-ting of or~es in which Molybdlenuin~
constituted; one of the principal recoverable me Ols.
SEc.C 2. The term employees as used herein, shall includc-e all
persons employed in the conduct of the respective ope~rat~ions, exscept
executives and their immnedialte assistants, supervising, technical,
maintenance, and engineering~r staf.
SEC. :3. The terma effective date as used herein, means the 10th
day after the Code has been apprloved by the Pr~esid-ent. of the United
States.

ARTICLE III--11EMBERSHIP~ IN THE G~ROU~P

SECTION 1. The u~ndersignedt subscribers, at present, produced more
than 98S% of the total Moly~bdenum produced in the Unitedc SCtates.
SEc. 2. Any member of the Industry desiring to become a metm-
ber of this group m nay do so.

ARTICLE IV-1OU~RS OF TrLABOR, RA~TEi OF PAY, AND OTH~IER CONDII'T~IO~S
OF EMPLOYMENT

SC1ECTION 1. It is provided:
a. That employees shalnl havr ~thne r'ighlt to organize and ha~1rgain
c~ollectivelyT through replresentatives of t-heir owcn choosicng. and( shall
b~e free from the inter~fer1ence.. restraint, or coercionn~ of employers of
labor, or their agents, in thee designation olf such r~epresentatives or
in self-or~ganization or in others co~ncer~ted activities for the p~urp~ose of
colle~ctive bargaining or other mutual aid or protection;
896g7--~33 (11





42


b. That no employee and no one seeking employment shall be
required as a colnditio-n of employment to join any compa~ny umion or
to refrain fromn joining, olrganizing, or assisting a labor organization
of hnis own choosing; and
c. Thlat employers shall comply with the maximum hours of labor,
niinimumi rates of payT, andf other conditions of empiIloymlent app~rovedl
or prescribed by the Presidlent..
Sw~r. e. As demnlal for the products of the Industry and, there-
fore, for labor shall increase, hours of labor for employees in the
Industry, must necessarily increase; but, except in the case of execu-
t~ives, those emlplfoyed in supervisory capacities and in technical workc
and- t~heir respective staffs and those employedl in emerlgency w~ork,
and so long as employees qlualified: for the: work requir~ed shall be
available in the r~espetctivre localities where such work shall be
required, none of the miemnbers of the indlustry shall cause or permit
anly employee to -workz more than eight hours per day~ nor moore tha~n
40 hours per week, it being fulrther~l u~nderstrood and agr~eedl, howTever,
that such limnitatio~n of hours shall be subject to pretsent limnitat~iolss
of housing, salnitar~y, and health facilities to the enld that where sulch
facilities are utilized to the maximum, that wcchenever neccssar~y to
meet Itrequir~emnents of production, and in cases where restrictions of
hours of highly skilled workers~ on clontinulous proc-cesses~ wo-uldun
avoidably reduce operations, mnembert~s of the industry shall have the
right beyond such limnitation of hours to employ men for a longer
numbrer of hou~lrs providing that in so doing such employees shall
be paid at the rate of time and a half for such additional hours.
SIEc. 3. On. alnd after thie effective date none of th~e memnber~s of
the Ind~ustr~y shall emlploy any person under the age of ~16 years.
SEc. 4. Mlembersl of the Ind-ustry shall pay to accounting, clerical,
office, or sales employees~ work~ing on a wpeekrly basis a salary of not
less than $115.00 -per week inl any City of ov)~er 500,000 population, or
in the immediate trade area of such city~; nor le~ss than $14.5j0 per
week in any City of between 250,000 and 500,000 population, or in
the immediate trade arIea1 of such. city; nor less than $14.00 per week
in any City or betw-een 2,500 and 250,000 population, or in the im~-
mlel'iate tlrade arlea of such city; and in towns of less than 2,500
populationl not less than $;12.00 per week.
SEC. 5. TChe m~rllembes of the Industrya arlr!ee thatt the following
minlimumn wage scale shall be in effect und~er the. provisions of the
Act in meeting the requliremnent that minimulm wnrre sca;les should
be sufficient to ~furnish. comnpensation for the hourlls of wocrk; as limited-,
sufficient in. fact to provide a decent stalndard of living in the locanlity
where the workers rtide.'" Sulch minimum w~Tage scale as apptliedl to
employees merntioned in Section 2 of this Article shall be as follows:
44( petr hour: Pond( m1-en, firecmen, clea~n-up men, and general labor.
46d per hour: Makers,1s nilpper~s. brakemeni, surface mechanics,
crusher~ oper~lator~s, r~epair helpers, tilter men, st!eel sharpener helpers,
trackmen hlelpe~rs, hand miners.
48$ per hour': Mc-tormen.
400r per1 hourl: Manchine m~iner~, tinibermnen, trackmen. chutemen,
sulrface straw boss, surface carpenters, hoistmen, mechanics, chute
blasters, mnill operators.
53{ per hour: Mlill shift bosses.
58# per houlr: Steel shar~peners.







618 p'er hour: Mine shift Bosses, Shaft Mliner~s, MIill Foremen.
66d per' hocur: Re~air Bo3sses.
SEC. ~. nfemlbers of the Ind~ustry shall have the right to employ
labor on a pi~cew-ork basis, otherwise k~nown as the contr~c~tor basis,
or on a w~eek-ly basis, prov,\ided howPever, that the compensatio n pa"id
under these mlet-hods shall not be les than $4.00 per day and the
maximuml workling hlours shall not ex~eedl the holurls set forth in
Section 2 of this Article.

AnIC.LE VI--SBus or PRoDoCTs

SECTION i1. Members of the Inrdustry shall not sell M~olybd~enuml
in any- form at less thann their re~spectiv-e costs of production. Cost
of production shall be comnputedl- in ac-cor~dance withl ~tandard ne(-
countingr practices and thne rules andt regulations promulgated by the
Bureau~ of Inter~nal Rev~enue for the dtlrmtinaation of Inernme TCaxs~,
excepting that the element of Depleltinn! of Discovery Value ilhall
be exc-ludled~ from such2 computatio-n. Failure to maintain pr1icecs on
suchl a basis shall be deemed- a violation of thiis Gde.
SEC. 2. Xltfioulgh the r'ight to dletermllinel sales prliCes' and dliiscolunts
shall be vested in atnd st ric~tly reserved by each member of the In-
dustry, it, is ulnder~stood and agreedl thnat In case a change in p~ricet
fr~oml the pr1ices pr~evailing~ at thle time this Codle becomes effective, is
c~ontemlplated by anyl members of the Codle, such member shall notify
the other members of such`l intention ten day~s pr~iorl to effec~ting thie
chtangae.
ARTICUZ VI--UNFAIR P'RAC'IC'ES
SECTiOr7 N 1. F~nr a~ll purposesn of t~he~ Code the following Acts shall
constitute unfair practices. Such unfair pralctice~s and all other
practices which1 shall be dteemed to be unfair practices b.y any amend-
ment to thle Codte hereafter adlopted,! and the using or employing of
any of th~eml shall be dt~reeme to be a violation of the Code, and any
mlember of the Ind'ustr~y which shall directly or indirect~ly t~hrou
a~ny officers, employee, agent, or represjentative, knowPingly use or
employ any of such unfair practices shall be guilty of a aviation of
the Code.
a. Mankingr or promnising to any purchaser or prospective pur~chalser
of any product, or to any officer, employee, agent, or representative
of any such purchaser or prospective purchaser, any bribe, gratuity,
gift, or other payment of remuneration, directly or indirectly.
b. Procuring, otherw~ise than with the consent of any member of
the IndustryT, any information concerning the business of such mem-
ber which is properly rIegalr~ded by it as a trade secret or confidential
within its organization, other than information relating to a viola-
tion of any provision of the Code.
c. Paying or allowing to any purchaser in connection w~ith~ the
sale of any product any rebate, commission, credit, discount, adljust-
mlent, or similar concession other than as is permnittedl by the Codelt
and specified in the contract of sale.
d. Disseminating, pubhlishing, or circulating any false or mislead-
inga information relat~ive to any product or price for any product of







any member of the Industry or the credit standing or ability of any
member thereof to perform any work or manufbactulre or produce
anyS pr'odulct, or to the conditions of employment amrJong thet
employees of any member ther~eof.
e. Ind~ucingr or attempting to inducep by anym means anly party to a
contract with a member of thle Induistry Jto vlolalte such contract.
f.Aidingor abel~ttinr arny rperson, firm, association, or corporation
in any unfair practice.

ARTOLE VfI

SECTION f. 1Memb~ers of the grroupl agree. to furnish all data and
statistics that may be called~ for under this Code, or :required by the
Presidents, or r~easonably pertinent to effectuate Title 1 of thie
National Industrial Recovery Act.
See~. 2. T'he President o~f the United State~s mnay, from time to
time, cancel or mor-dify any order, a~pproval, license, rule or r~egula-
tion issuedl under TIitle 1 of the National RtecoveryT Act.
SEC. 3. Byr presenting this Code those who have as~sentedc hlereto
shall not be bound by any modification thlereof, except as each shall
thereto subsequently agree.
Approved:
CL~Exax M~OLYBDENUMa COMPANY,
Max SCHOTr, Preiisident.
Dated- August 28, 1933.
AIttest :
[S]EAL]
D. E. FO~CNDEN,
Asst. Secretary.
RTOLYcBDENUMr CORPORATION OF AM6ERICA.
M1anx H~nscrr, 'Pres~ident.
Dated August 28, 1933.
Attest :
[sEALI
Wx. B. KvU NTz,
Asst. Xscr~etariy.







UNIVERSITY OF FLORIDA
11 1 1 1 I# I I lIR II 111| 111111111lll
3 1262 08582 9090




Full Text

PAGE 1

Registry No. 1218-08NATIONAL RECOVERY ADMINISTRATIONPROPOSED CODE OF FAIR COMPETITIONFOR THEMOLYBDENUM MININGINDUSTRYAS SUBMITTED ON AUGUST 29, 1933WE DO OUR PARTThe Code for the Molybdenum Mining Industryin its present form merely reflects the proposal of the above-mentionedindustry, and none of the provisions contained therein areto be regarded as having received the approval ofthe National Recovery Administrationas applying to this industryUNITED STATESGOVERNMENT PRINTING OFFICEWASHINGTON: 1933For sale by the Superintendent of Documents, Washington, D.C. --------Price 5 cents

PAGE 2

Digitized by the Intrne Arcivei2C11 with funding from~Univers~i-y of Fida, George A. Smathers Librarie with support rom LYRASIS and the rhoan Foundationhttp://www~arnhive~org/dietaiLs/propcsed ;odecdffa9090unih

PAGE 3

CODE OF FAIR COMPETITION OF THE MOLYBDENUMMINING INDUSTRYARTICLE I-PURPOSE OF THE CODESECTION 1. The Code is adopted pursuant to the requirements ofthe National Industrial Recovery Act and particularly in responseto Bulletin No. 2 of the National Recovery Administration datedJune 19, 1933.SEC. 2. The purpose of the Code is to effectuate the policy ofTitle I of the National Industrial Recovery Act insofar as it isapplicable to the Industry.SEC. 3. The Industry submits that it stands wholeheartedfly,actively, and agggressively for the National Industrial Recovery Act,and for the administration thereof to a successful conchlin wndto this end tenders its every facility to the National RecoveryAdministration.ARTICLE II-DEFINITIONSSECTION 1. The "Molybdenum Mining Industry " is defined to iMclude the mining and concentrating of ores in which Molybdeminconstitutes one of the principal recoverable niwSEC. 2. The term "employees " as used herein, shall include allpersons employed in the conduct of the respective operations, exceptexecutives and their immediate assistants, supervising. technical,maintenance, and engineering staff.SEC. 3. The term "effective (late " as used herein, means the 10thday after the Code has been approved by the President of the InitedStates.ARTICLE Ill-MEMBERSHIP IN THE UROUPSECTION 1. The undersigned subscribers, at present, produce morethan 98% of the total Molybdenum produced in the United States.SEC. 2. Any member of the Industry desiring, to become a lMem-ber of this group may do so.ARTICLE IV-HOURS OF LABOR, RATES OF PAY. AND (}TIER CoWNmr1r1 sOF EMPLOYMENTSECTION 1. It is provided:a. That employees shall have the right to organize and bargaincollectively through representatives of their mn choosing. and shallbe free from the interference, restraint, or coercion of employers oflabor, or their agents, in the designation of such representatives orin self-organization or in other concerted activities for the purpose ofcollective bargaining or other mutual aid or protection;8967-833~

PAGE 4

b. That no employee and no one seeking employment shall berequired as a condition of employment to join any company union orto refrain from joining, organizing, or assisting a labor organizationof his own choosing ; andc. That employers shall comply with the maximum hours of labor,minimmli rates of pay. and other conditions of employment approvedor prescribed by the President.T7, ('. -As demand for the products of the Industry and, there-fore, for labor shall increase, hours of labor for employees in theIndustry, must necessarily increase: but, except in the case of execu-tives, those employed in supervisory capacities and in technical workand their respective staffs and those employed in emergency work,and so long, as employees qualified for the work required shall beavailable in the respective localities where such work shall berequired, none of the members of the industry shall cause or permitany employee to work more than eight hours per day nor more than40 hours per week. it being further understood and agreed, however,that such limitation of hours shall be subject to present limitationsof housing, sanitary. and health facilities to the end that where suchfacilities are utilized to the maximum. that whenever necessary tomeet requirements of production. and in cases where restriction's ofhours of highly skilled workers on continuous processes would un-avoidably reduce operations, members of the industry shall have theri ghit beyond such limitation of hours to employ men for a longernumber of hours providing that in so doing such employees shallbe paid at the rate of time and a half for such additional hours.SEC. 3. On and after the effective date none of the members ofthe Industry shall employ any person under the age of 16 years.SEc. 4. Members of the Industry shall pay to accounting. clerical,office, or sales employees working on a weekly basis a salary of notless than $15.00 -per week in any City of over 500.000 population, orin the immediate trade area of such city: nor less than $14.50 perweek in any City of between 250.000 and 500,000 population. or inthe immediate trade area of such city: nor less than $14.00 per weekin any City or between 2.-(0 and 250.000 population, or in the im-mediate trade area. of such city; and in towns of less than 2,500poptilation not less than $12.00 per week.S 5c. 5. The members of the Industry agree that the followingminimum wage scale shall be in effect under the provisions of theAct in meeting the reqiiirement that " inimun ware scales shouldbe >ulhcient to furnish comnpensation foir the hours of work as limited,sulffcient in aIct to provide a decent standard of living in the localitywhere the workers reside." Such mnimun wage scale as applied toeiiployees mentioned in Section 2 of this Article shall be as follows:4-1per holr: Poi wen. firemien. clean-iup mei, anl general labor.40( pehour: Muckeis, nippers, brakemen. surface mechanics,crusher oj)erators. repair hel pers, filter men, steel sharpener helpers,trackmen helpers, hand miners.4s( per holir: Motormcn.49( per hour: Machine miners, timbermen, trackmen, chutemen,sI Ir face straw boss, sIIuface carpenters, hoistmen, mechanics, chuteblasters. mill operators.55< per hour: Mill shift bosses.58# per hour: Steel sharpeners.

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61 per hour: Mine Shift Bosses. Shaft Miners, Mill Foremen.G#0 per hour: Repair Bosses.SEC. (. Members of the Industry shall have the right to employlabor on a p)iecework basis. Otherwise known as the contractor basis,or on a weekly basis, provided however, that the comlpenflation paidunder these methods shall not be less than $4.00 per day and themaximum working hours shall inot exceed the hours set forth inSection 2 of this Article.ARTICLE V-SALE OF PRODUCTSSECTION 1. Members of the Industry shall not sell Molybdenumin any form at less than their respective costs of production. Costof production shall be computed in accordance with standard ac-counting practice and the rules and regulations promulgated by theBureau of Internal Revenue for the determination of Income Taxes, excepting that the element of -Depletion of Discovery Value hallbe excluded from such computation. Failu e to maintain prices onsuch a basis shall be deemed a violation of this Code.SEC. 2. Although the right to determine sales prices and disco unitsshall be vested in and strictly resrved by each member of the In-dustry. it is understood and agreed that in case a change in pricefrom the prices prevailing at the time this Code becomes effective, iscontemplated by any member of the Code, such member Atall notifythe other members of such intention ten days prior to effecting thechange.ARTICLE VI-L-NFAIR PRACTICESSECTION 1. For all purposes of the Code the following Acts shallconstitute unfair practices. Such unfair practices and all otherpractices which shall be deemed to be unfair practices by any amend-ment to the Code hereafter adopted. and the using or employing ofany of them shall be deemed to be -' violation of the Code, and anymember of the Industrv which shall directly or indirectly throughany officer, employee, agent. or repre-entative. knowingly use oremploy any of such unfair practices shall be guilty of a violation ofthe Code.a. Making or promising to anv purchaser or prospective purchaserof any product, or to any officer, employee, agent, or representativeof any such purchaser or prospective purchaser, any bribe. gratuity,gift, or other payment of remuneration, directly or indirectly.b. Procuring, otherwise than with the consent of any member ofthe Industry, any information concerning the business of such mem-ber which is properly regarded by it as a trade secret or confidentialwithin its organization. other than information relating to a viola-tion of any provision of the Code.c. Paying or allowing to any purchaser in connection with thesale of any product any rebate, commission, credit, discount. adjust-ment, or similar concession other than as 1s permitted by the Codeand specified in the contract of sale.d. Disseminating, publishing, or circulating any false or mislead-ing information relative to any product or price for any product of

PAGE 6

4any member of the Industry or the credit standing or ability of anymember thereof to perform any work or manufacture or produceany product. or to the conditions of employment among theemployees of any member thereof.e. In~dicin( or attempting to induce by any means any party to acontract with a member of the Industry to violate such contract.f. Aiding or abetting any person, firm, association, or corporationin any unfair practice.ARTICLE VIISECTION 1. Members of the group agree to furnish all data andstatistics that may be called for under this Code, or required by thePresident, or reasonably pertinent to effectuate Title 1 of theNational industrial Recovery Act.SEc. 2. The President of the United States may, from time totime. cancel or modify any order, approval, license, rule or regula-tioii issued under Title 1 of the National Recovery Act.SEc. 8. By presenting this Code those who have assented heretoshall not be bound by any modification thereof, except as each shallthereto subsequently agree.Approved:CLDI AX MOLYBDENUM COMPANY,MAX SCHOTT, President.Dated August 28, 1933.Attest:[SEAL]D. E. FONDEN.Ass t. Secretary.MOLYBDENUM CORPORATION OF AMERICA.MARX HIRSCH, President.Dated August 28, 1933.Attest:[SEAL]WMi. B. KUNTZ,A sst. Secretary.

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UNIVERSITY OF FLORIDA3 1262 08582 9090