Citation
Code of fair competition for the secondary aluminum industry as approved on February 8, 1934

Material Information

Title:
Code of fair competition for the secondary aluminum industry as approved on February 8, 1934
Portion of title:
Secondary aluminum 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:
14 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Scrap metals -- United States ( lcsh )
Aluminum industry and trade -- Law and legislation -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1203-1-03."
General Note:
"Approved Code No. 268."

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:
645449276 ( OCLC )
ocn645449276

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ApprvedCodeNo.268 egitry o. 203---0


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


SECONDARY ALUMINUM

INDUSTRY


AS APPROVED ON FEBRUARY 8, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


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


Approved Code No. 268


Registry No. 1203-1-03























This publication is for sale by the Supirintendent 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 Customhoiuse.
Buffalo, N.Y.: Chamber of Comrnnirce Buildil-g.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveliand, Uhio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Buililig.
Houston, Tex.: 'haimber of Commerce Building.
Indinunapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: l023' Baltimore Avenue.
Los Anueles, 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 Customhiluse.
Norfolk, Va.: 406 East Plume Street.
Philadlplhia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco. Calif.: 310 (Customnouse.
Seattle, Wash.: S09 Federal Office Building.
rritr t.>











Approved Code No. 268


CODE OF FAIR COMPETITION
FOR THE

SECONDARY ALUMINUM INDUSTRY

As Approved on February 8, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE SECONDARY ALUNMI-
NUM INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Secondary Aluminum Indistry, and hear-
ings having been duly held thereon and the annexed report on
said Code, containing fininng- with respect, thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the Pre-ident of the United
States, I, Hugh S. Johnson, Adinini-trat'tr for Industirial Recovery,
pursuant to authority vested in me by Executive Order- of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and pllrposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the provisions of Article VII, subparagraphs (a), (b), (c), (d),
insofar as they prescribe a waiting period between the filing with
the Code Authority and the effective dnte of revised price lists or
revised terms and conditions of sale be and they are hereby stayed
pending my further Order either within a period of sixty days
from the effective date of this Code or after the completion of a
study of open price associations now being conducted by the
National Recovery Administration.
Hrc;n S. JOINSoNx,
Admihistfrator for Inda..4 tria Recovery.
Approval recommended:
K. M. SIMPSON,
Division Admn ;';st rator.
WASHINGTON, D.C.,
February 8, 1934.
38810-- 376-f33-34 I\











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The original Code of Fair Competition for the Secondary
Aluminum Industry was submitted August 15, 1933 (revised Sep-
tember 28. 1933), by the Aluninumn Research Institute, an unincor-
porated membership society representing in excess of 80% of known
members of the Industry and volume of production. The hearing
was conducted in conjunction with the hearing for the Aluminum
Industry on Septeimber 28, 1933. The Code was revised during the
recess of this hearing and is submitted in its present form for
approval. Every per.,on who requested an appearance was properly
heard in accordance with statutory and regulatory requi rements.
The Indnstry is nationwide in character. The factories are located
with economic rlationshp to ,ources of aluminium scrap or alumi-
num bearing waste for refining and remelting and .subsequent sale
of industry products. In the main the plants are located east of the
Mississippi River (St. Louis included), together with a few facto-
ries on the Pacific Coast. The Industry supplies ingots of secondary
aluminum and aluminum alloys to the Steel Industry for use as a
dioxidizer, to the, Chemical Industry for the Non-Ferrous Foundries
for the production of aluminum or aluminum alloy castings, to the
Automotive Industry for the casting of crank cases, etc., to the
Building Industry for decorative trim, either rolled or cast, and to
the Household Industry for rolled or cast cooking utensils, household
equipment, etc.
The Ihdiustry came into being about 1910 with the increasing
amounts of aluminum scrap that were available. Through the
offices of the Aluminum Research Institute price-ses for refining of
aluminum scrap and alumin um-bearing waste have been developed
so that the Indusltry products for many applications are substan-
tially equivalent to virgin aluminum. The growth of the Industry
and its relationship to virgin aluminum is indicated in the following
table. Based upon these figures (compiled by the Department of
Commerce Bureau of Mines) the position of the Secondary Alumi-
num Industry is that the price of scrap aluminumij and alumiium-
bearing material may one day dominate the market price for the
virgin material, as is the case in other kindred metal industries. It
is interesting to note that the Aluminum Company of America rep-
resents less than 5% activity in the Secondary Alulminum Industry.
(2)









Year Primary Second- Percent- Year Primary Seo- Percent-
ary age ary age

Tons Tons Tons Tons
1931........ .------- 88,777 30,300 34 1923 --------------- 64,350 21,300 33
1930 .-----. ---..... 114,517 38,600 34 1922 ------------ -.. 36,960 16,200 44
1929 ------------- 112,500 48,400 43 1921 --------------- 26,950 8,900 33
1928--...------.-... 105, 000 47, 800 46 1920----------- 68,860 15, 500 22
1927--------------- 79,860 46,200 58 1919.----------- 89,760 18,691 20
1926 -------------- 72,380 44,200 61 1918 ...--------- 112,200 15,050 13
1925 --------------- 69,850 44,000 51 1917 ------------- 99,770 16,100 16
1924------ ---. ----- 75, 130 27,000 36 1916------------ (;9, 410 19,300 27

The major portion of the tonnage of secondary aluminum is pro-
duced in plants primarily engaged in the manullfa;cture of secondary
aluminuml and its alloys. However, a very considerable portion of
the total tonnage is produced in plaits that operate primarily for
the production of alloys of some other nonferrous metal base. In
such latter plants which produce a variety of alloys of different
base, employees usually work interclhaigeably. It is therefore prac-
tically impll ssible to state the precise number of employees that are
engaged in the production of secondary aluminum. In the original
Code that was offered by the Secondary Aluminum Industry, an
estimate of 500 employees was made and this figure is believed to be
approximately correct, as of August 1, 1933, although the total num-
ber would now exceed this figure because of the S.i-ubtantial increase
in employment which has been (caiIsed by this Industry's compliance
with the terms of the President's Reemploymilent. Agreteniit with
exceptions as approved by the N.R.A.
A careful survey, made in Septembni r, showed that the average
number of hours worked in the Secondary Aluminum Indu-try dur-
ing the week of July 23, 1983, was 55.45 hours. At a meeting of
the members of Aluminum Research Institute held on Augult 11,
1933, at which the first draft of a tentative Code of Fair Competi-
tion for the Secondary Aluminum Induiisty was prepared and ap-
proved, a resolution was unanimously adopted that all members
would anticipate the Code provisions for a 40-hour week and a 350
per hour minimum wage by putting these provisions into effect as
of August 21, 1933. To the credit of this Industry, this was lived
up to by the members of Aluminum Research Institute, thus making
these increases in wages and reductions in working hours per week
take effect prior to the act ion of the N.R.A. Policy Board in approv-
ing exceptions to the P.R.A. The Septemiber survey further showed
that during the week of September 10, 1933, following the labor
readjulstments of August 21st, the average hours per week worked
in the plants of this membership, was 39.9 hours, a decrease in average
hours per week, as compared with the average hours during the
week of July 23, of 27.9%.
Another survey was made in Novembler to judge the results of the
increase in wages and the decrease in working hours. To avoid
confusion and to eliminate guesswork, all members were asked to
report on all factory employees, whether or not these employees were
engaged exclusively upon the production of .secondary aluminum.
The months of June and October, before and after the voluntary
increase in wages and decrease in hours, were chosen for the com-








prison. This careful survey indicated the following: that the
total number of this membership's employees in October had in-
creased by 50.529% over the total number in June; that the total
October payroll had increased 19.60% over the total June payroll;
that, the average minimum wage rate of October represented an
18.37% increase over the average June minimum wage rate of
29.570; and that these substantial contributions to industrial recovery
had been made in the face of a 7.2Sc% decrease in production in
October as compared with June. Reports from a representative
cross section of the industry indicate there were more factory em-
ployees on the payrolls of the members of this Institute in October
1933 than the average number employed during the peak year of 1929.
The Aluminum Research Institute was organized in June 1929,
and has actively and continuously functioned since that date.
Among the outstanding accomplishments of the Alumin um Research
Institute has been the formulation of a basic cost-finding procedure
which is susceptible of expansion to meet the most intricate demands
for the details of the costs of production and distribution. The
Aluminum Research Institute has also successfully carried to con-
clusion, the formulation of standard methods (which are and al-
ways will be subject to improvements and extensions) for the
sampling and analyzing of aluminum and its alloys. Copies of
these standards are in the hands of all American aluminum users
who maintain th'ir own chemical laboratories, all technical col-
leges and all commercial chemists who give particular attention to
the chemistry of metals. Copies of this book have also been fur-
nished upon request. to inquirers in practically all the principal
countries of the world.
ARTICLE I. PturposR,.-States the purpose of the Code.
ART. II. Defil itiofln.-Accurately defines pcecific terms applicable
to the Secondary Aluminum Industry as used in this Code.
ART. III. Hour'.--The maximum hours are limited to 40 hours
per week for employees engaged in the processing of products and
labor incident thereto except that during any six weeks in any six
months' period employees shall be permitted to work a maximum of
48 hours in any one week. Watchmen shall be permitted to work a
maximum of 56 hours per week with one day off per week. Office,
salaried, and other employees not covered above, who receive less
than $35.00 per week, shall not be permitted to work in excess of
40 hours in any one week except that during any six weeks in any
six months' period such employees shall be permitted to work a maxi-
mum of 48 hours in any one week. A normal work day shall not
exceed 8 hours. Employees engaged in an executive, managerial, or
supervisory capacity, who receive more than $35.00 per week, and
employees, other than those engaged in processing or labor operations
directly incident thereto, are not subject to any hourly limitations.
The maximum hours shall not apply in case of emergencies or re-
pairs where the safety of life and health or the protection of prop-
erty necessitates longer hours.
ART. IV. Waqes..-The minimum wage for employees engaged in
the processing of products or in any labor incident thereto is at the
rate of 35 cents per hour. Female employees shall be paid the same
rate of pay as male employees for doing the same work or for per-







forming the same duties. No person employed in clerical or office
work shall be paid less than at the rate of $15.00 per week, except
that office boys and girls may be paid a minimum wage of 80% of
the established minimum for office employees. Such office boys and
girls shall be limited to 5% of the total number of office employees
in any given establishment, provided, however, that each establish-
ment is entitled to at least one such employee. The established min-
inum rate of pay (Article IV-a) for the work performed in any
period shall apply irrespective of whether an employee is actually
compensated on time rate, piecework, or other basis. Provision is
also made for the employing of handicapped persons, who shall be
paid not less than 80% of the minimum wage scale.
ARTICLE V. General Labor Pro c;sion~,'.-Provides that no employer
shall employ any person under 16 years of age and that no person
under 18 years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. This article
also sets forth the mandatory provision respecting the rights of
employees to organize and bargain collectively. This article also
provides for matters having to do with reclassification of employees,
standards for safety and health, the observance of State laws, and
posting of complete copies of this Code so that they are accessible
to employees.
ART. VI. Adin.iniftir-a.tioni.-Establishes a Code Authority consist-
ing of five (5) persons, four (4) of whom shall be selected by the
Aluminum Research Institute and one (1) of whom shall be selected
by the associate members of said Institute. In addition to the five
(5) members named above, there may be one or three representa-
tives, without vote, to be appointed by the Administrator to serve
without expense to the Inductry for such terms as he may specify.
In addition to the organization of the Code Authority, the powers
and duties thereof are also outlined in this article.
ART. VII. Ma_,rktitng and Trade Practice Rules.-Sets forth fair
trade 1pi-ctices for the Industry.
AnT. VIII. Export Trd(.--No provision of this Code relating to
prices or terms of selling, shipping, or marketing, shall apply to
export trade or .ales or shipments for export trade.
ART. IX. Mod;filctiol.u.-This Code and all provisions thereof are
expressly made subject to the right of the President, in accordance
with subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under said Act. Provision is also made that at the election
of the Administrator this Code may become a supplemental Code of
Fair Competition for the Aluminum Industry, if and when such a
Code is adopted and approved by the President for such industry,
provided that the Code Authority herein constituted shall remain
the Code Authority for the Industry engaged in the production and
manufacture of secondary aluminum and its alloys.
ART. X. Monopoli,.s.-No provision of this Code shall be so ap-
plied as to permit monopolies, or monopolistic practices, or to elimi-
nate, oppress, or discriminate against small enterprises.
ART. XI. Effective Date.-This Code shall become effective two
weeks after its approval by the President.







The Deputy Admiinistrator in his final report to me on said Coda
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) The Code will promote the policies and purposes of Title I
of the Act, including removal of obstructions of the free flow of inter-
state 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 among
the trade groups, by inducing and maintaining united action of
labor and management under adequate governmental sanctions and
supervision, by eliminating unfair competitive practice, by promot-
ing the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of in-
dustrial and agricultural products through increasing purchasing
powNer, by reducing and relieving unemployment, by improving
standards of labor, and otherwise rehabilitating industry.
(b) Said industry normally employs less than 50,000 employees;
and is not classified by me as a major industry.
(c) The Code as revised complies in all respects with the perti-
nent provisions of Title I of the Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the Aluminum Research
Institute was and is an industrial group truly representative of the
industry; and that said association imposed and imposes no inequi-
table rest rictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprise.-e and will not operate to discriminate 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
Code.
For these reasons, therefore, this code has been approved.
Respectfully,
HUGH S. JOHNSON,
A dnmint ;rator.
FEBRUARY 8, 1934.











CODE OF FAIR COMPETITION FOR THE SECONDARY
ALUMINUM INDUSTRY

ARTICLE I-PIfRPOSE.S
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the industry engaged in the production and manufacture of
secondary alumiinuml and its alloys, and upon approval by the Presi-
dent, its provisions shall be the standard of fair competition for such
industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS
(a) Tlhe term "Industry engaged in the production and manu-
facture of secondary aluminum and its alloys or "the industry"
as used herein includes all producers who recover metal from alu-
minum scrap and residue and the refining and alloying thereof.
(b) The term member of the industry" includes, but without
limitation, any individual, partnierslip, al.-ociatiiin, corporation or
other form of enterprise engaged in the industry either as an em-
ployer or on his own behalf.
(c) The term employee" as used herein includes any and all
person engaged in the industry however comlpen.ated excepting a
member of the industry.
(d) The term employer as used herein includes anyone by
whom any -iuc'h employee is compensated or employed.
(e) The terms "President.", "Act ", and "Adminiitratir as uied
herein mean respectively the President of the United States, Title I
of the National Indu.-trial Recovery Act, and the Adminitrator for
Industrial Recovery.
(f) Population for the purposes of this Code shall be determined
by reference to the latest Federial census.

ART ICLE III-HouRs
(a) Maximum o hours.-No employees shall be peinmittil to work
in excess of 40 hours in any one week or 8 hours in any 24-hour
period, except that during any 6 weeks in any 6-month period,
employees shall be peri-mitted to work a maxilnuli of 48 hours in
any one week, and except as herein otherwise provided. Watch-
men hhall be perlnitted to work a maximum of 56 hours per week
with one day off per week.
(b) Hours for clerical and office employees.-No perlJ n employed
in clerical or office work hllall be permitted to work in excess of 40
hours in any one week, except that during any 6 weeks in any 6-
month period such employees -hall be permitted to work a maxi-







mum of 48 hours in any one week. A normal day shall not exceed
8 hours.
(c) Exceptions as to hours.-The provisions of this Article shall
not apply to outside salesmen or to employees engaged in executive,
supervisory, or technical capacities who earn not less than $35 per
week. In case of an emergency, employees may work up to 10 hours
in any one day, provided that they be paid time and one half for
all hours in excess of 8 hours per day. The maximum hours shall
not apply in the case of emergencies where the safety of life and
health or the protection of property necessitates longer hours, pro-
vided that time and one half the regular rate be paid for all hours
in excess of 8 hours per day.
(d) Employin.'t by Several Employers.-No employer shall
knowingly permit any employee to work for any time which, when
totaled with that. already performed with another employer or em-
ployers in this industry, exce-ds the maximum permitted herein.

ARTICLE IV-WAGES
(a) M ;iln im Wages.-No employees shall be paid in any pay
period less than at the rate of 35' per hour, except as otherwise
herein provided.
(b) Mi'ta ni int Wages for Clerical and Office Eimployees.-No per-
son employed in clerical or office work shall be paid less than at the
rate of $15 per week of 40 hours, except that office boys and girls
may be paid a minimum wage of 80% of the established minimum for
office employees. Such office boys and girls shall be limited to 51'" of
the total number of office employees in any given establishment.; pro-
vided, however, that each establishment is entitled to at least. one
such employee.
(c) Pif, worl Compers a;in-Ml;iimum WVaes.-The estab-
lished minimum rate of pay (Art. IV (a)) for the work performed
in any pay period, shall apply, irrespective of whether an employee
is actually conmpeinsatcd on time rate, piecework, or other basis.
(d) Handit cappl:d Persons.-A person whose earning capacity is
limited because of age or physical or mental handicap may be em-
ployed in light work at a wage below the minimum established by
this Code if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file with the Code
Authority a list of all such persons employed by him. Such author-
ity shall be guided by the instructions of the United States Depart-
ment of Labor in issuing certificates to such persons. Such em-
ployees shall be paid not less than 80% of the minimum wage
schedule.
(e) Unless a readjustment has already been made since June 16,
1933, equitable adjustments shall be made of the wages of employees
now receiving more than the minimum wage as herein provided.
Such equitable adjustments shall mean that differentials existing
prior to the formation of this Code shall be maintained for all em-
ployees. Within thirty days each member shall report to the Ad-
ministrator through the Code Authority all such readjustments.








ARTICLE V--GENERAL LABOR PRnoVISIONS
(a) Child Labo,.-No person under sixteen (16) years of age shall
be employed in the industry. No per-on under eighteen (18) years
of age shall be employed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submit to the Administrator for approval before May 1, 1934,
a list of such operations or occupations. In any State an employer
shall be deemed to have complied with this provision as to age if
he shall have on file a certificate or permit duly ..igned by the Author-
ity in such State empowered to issue employment or n"'e certificates
or permits showing that the employee is of the required age.
(b) Pro'i.,ion.s from the Act.-In coinpliance with Section 7 (a)
of the Act it is provided :
(1) That. employ 3ce shall have the right to organize and bargain
collectively through repret-entatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(2) That no employee and no one seeking employment, shall be
required as a condition of empliy3iment to join any c(,npany union or
to refrain from joining, (rganiiiiing, or as-i-tlng a labor organiza-
tion of his own choo-ing, and
(3) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prec-Iribed by the President.
(c) Reclassification of EmLpoyees.-No employer shall re'la-sify
employee- or duties of occupations perforneid or engage in any
other subterfuge for the purp-,e of defeating the purpose, or pro-
visioins of the Act or of this Code.
(d) Stan dards for Safety a/'.7 Health.-Every employer shall
make reasonable provision for the safety and health of his employees
at the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Code Authority to
the Administrator for approval within six month. after the effective
date of this Code.
(e) State Laws.-No provision in this Code shall supersede any
State or Federal law which imposes on employers more s.tringent
requirements as to age of employees, wages., lhiurs. of work, or as
to safety, health, sanitary, or general working conditions, or in-ur-
ance, or fire protection, than are imposed by this Code.
(f) Posting.-All employers shall post complete copies of tllis
Code in conl-piciuo-, places accessible to employees.

ARTICLE VI-Or:;.\N IZ.\TIOrN, POWERS, AND DUTIES OF CODE AUTHORITY
(a) There shall forthwith be constituted a Code Authority con-
sisting of five (5) persons, four (4) of whom shall be selected by
the Aluminum Research Institute and one of whom shall be se-
lected by the Associate members of said Institute.
(b) In addition to the membership as above provided there may
be a representative or repre-entatives without vote but in no ca.Se to







exceed three (3) apl)ointed by the Administrator to serve without
expense to the industry for such terms as he may specify, to act as his
representative or representatives or as a representative or representa-
tives of such interested groups as he may specify.
(c) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership and (2) sub-
mit to the Administrator true copies of its Articles of Association,
By-Laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to eflectuate
the purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not. in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
(e) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by accepting their
rea.ss(Cable share of the cost of its preparation and administration.
Such reasonable share of the expenses of preparation and adminis-
tration shall be determined by the Code Authority, subject to review
by the Admiinistrator on the basis of volume of business and/or such
other facts as may be deemed equitable.
(f) Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority, ex-
ercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or omission to act under this Code,
except for his own willful miifeasance or nonfeasance.
(g) The Code Authority shall have the following further powers
and duties, the exercise of which shall be reported to the Adminis-
trator and shall be subject to his right on review to disapprove any
action taken by the Code Authority.
(1) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(2) To adopt By-Laws and rules and regulations for its pro-
cedure and for the administration and enforcement of the Code.
(3) To approve recommendations for exceptions to the marketing
provisions of this Code.
(4) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports







shall be submitted by members to siuchl Administrative and/or gov-
ernment agencies a, the Administrator may dc ,ignate; provided that
nothing in this Code shall relieve any member of the industry of any
existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies
as may be directed 1by the Administrator.
(5) To use such trade asso-ciations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Au-
thority of its duties, or responsibilities under this Code and that
such trade associations and agencies shall at all times be Lilbject to
and comply with the provisions lhereof.
(6) To make vreco'ienndations to the Administrator for the co-
ordination of the administration of this Cde with such other codes,
if any, as may be related to the industry.
(7) To secure from members of the industry an equitallh and
proportionate payment of the reasonable exp.neo, of maintaining the
Code Authority and its activities.
(8) To recomniield to the Ad1iiinii-trator further fair trade iprc-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to re'o(imiend to the
Administrator measures for industrial planning, incl din L .-t;ib)iliza-
tion of employment.

ARTICLE VII--M.l i K Ti NG AND TRADE PRACTICE RULES
(a) Each iniember of the industry shall file with the Code Author-
ity the prices at which he is offering his products for sale, which
prices shall not be less than his current cost as determine.l by a uni-
form system of cost accounting as provided for in section (k) of
this Article, provided that any member of the industry may file
below his current cost so determined in order to meet the competi-
tion of any other member of the industry who has filed prices in
accordance with this section.
(b) In delterlmining current cost, the cost of raw materials used
in the ni nlf:ctuired product shall be computed on the basis of the
published market prices as published in any daily trade paper thereof
prevailing as of the date of sale.
(c) Any member of the industry desiring to change the price or
priic(e of his product shall notify the Code Authority of all changes
to be made three (3) full business days previous to quoting such
change; provided, however, that if at any time the current cost of
a member of the industry becomes greater than his filed price or
prices, such member shall immediately file a new price or prices
with the Code Authority in accordance with all of the provisions
of section (a) of this Article, such new price or prices to become
effective immediately.
(d) Publiilsed prices shall include terms of payment, quantity
discounts, length of bookings or contracts and F.O.B. point, and
such other provisions as may be necessary to fully inform the trade
of all conditions of sale.'
1 See paragraph 2 of order approving thi; Code.







(e) Terms of sale shall be fully stated and strictly adhered to and
strictly adhered to and invoice shall show same.
(f) There shall be no discrimination between customers. Differ-
ence in price based upon quantity shall not constitute discrimination.
(g) Prices and discounts shall be openly and publicly announced.
(h) A uniform sales contract shall be established and used by the
industry, subject to the approval of the Administrator.
(i) All contracts shall be equally binding upon both parties and
are not subject to repudiation.
(j) The following are unfair trade practices and the violation of
any one or more of them constitutes a violation of this Code:
1. Selling below openly and publicly announced prices and terms
as provided for in Sections (a) and (c) of this Article.
2. Secret allowances or secret rebates of any kind.
3. False dating of contracts or billings.
4. Allowances by any name or of any nature which are not justi-
fied by the facts or are made in collusion with the buyer, for the
purpose or effect of defeating the provisions of this Code.
5. Storage of products in consumers' Warehouses, or sales on con-
signient to consumers, except under circumstances to be defined
by the Code Authority, where peculiar circumstances of the industry
make the practice advisable.
6. Special services or privileges to certain purchasers when not
extended to all purchasers under like terms and conditions.
7. Making false or misleading statements about competitors'
products, or regarding the character, management, or financial
standing of a competitor.
8. False or misleading advertising, minslabeling, or misbranding.
9. The adoption of brands (either in design or name) which so
closely approximate the brands or trade marks of a competitor as to
deceive or confuse a buyer by similarity of appearance or brand.
10. Inducing or attempting to induce a breach or cancellation of
a contract between a competitor and his customer.
11. Maliciously enticing away the employees of a competitor with
the purpose and intent of unduly hampering, injuring, and embar-
rassing a competitor in his business. Nothing herein shall prevent
any employee from offering his service to a competitor, or prevent
any member from employing an employee of another member where
the initiative in such cha nge of employment comes solely from the
employee.
12. No member of the industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of in-
fluien'.ing or rewarding the action of any employee, agent. or repre-
sentative of another in relation to the business 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
so far as such articles are actually used for commercial bribery as
hereinabove defined.
13. Guaranty against decline in price.








14. Substitution of any grade of al3iminum and its alloys superior
in composition to that specified, for the purpo-e of furnishing such
material at prices lower than would otherwise prevail.
15. Entering into quantity contrnats with buyers without obliga-
tion on their part to take delivery of the quantities specified in the
contract or on the quotation for the purpose of giving special unwar-
ranted prices.
16. Payment of brokerage in excess of the usual and customary
commission with the purpose or effect of defeating the provisions
of this Code.
17. Failure to report any tti.tics or data required by the pro-
visions of this Code.
18. Publishing or circulating unjustified or unwarranted threats
of legal proceediincgs which tend to or have the effect of harra-singl
competitors or intimidating their cusl.tomer. Failure to pr,-ecuite
in due course shall be evidence that any such threat is unwarranted
or unjustified.
19. Requiring that the purchase or lease of any goods be a
prerequisite to the purcliai-e or lease of any other goods.
20. Violation of any of the fair-practice rules, regulations, or
requirements of this Code.
(k) Cost accoliuting. Every member of the industry shall Ius1 a
cost-accolnting system which conforms to the principles of and is
at least as detailed and complete as the uniform method of costing to
be prescribed by the Code Authority and approved by the Admin-
istrator.
ARTICLE VIII-EXPoRT TRADE
No provision of this Code relating to prices or terms of selling,
shipping, or marketing, shall apply to export trade or sales or ship-
ments for export i r'ie of unfalbrijated products of this indu-ltry.

ARTICLE IX-MODIFICATION
(a) This Code and all the provisions thereof are expressly made
subject to the right of the Pres.id.ent, in accordance with the pro-
visions of subsection (b) of Section 10 of the Act, from time to
time, to cancel or modify any order, approval, license, rule, or
regulation i--'ied under said Act.
(b) This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be )based upon application to the Administrator
and such notice and hearing as he shall -pci:ify, and to become effec-
tive on approval of the President.
(c) At the election of the Admiiiitrator this Code of Fair Com-
petition may become a supplemental code to, or be coordinated
with, the Code of Fair Competition for the Aluminum Industry,
if and when such a Code is adopted and approved by the President
for .uch industry, provided that the Code Authority herein con-
stituted shall remain the Code Authority for the industry engaged
in the production and manufacture of secondary aluminum and its
alloys.




UNIVERSITY OF FLORIDA
IIIllllllllll llll11II IIIIIIIll I llillP
14 3 1262 08582 8597
ARTICLE X-MONOPOLTES
No provision of this Code shall be so applied as to permit monop-
olies, or monopolistic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective two weeks after its approval
by the President.
Approved Code No. 268.
Registry No. 1203-1-03.
O




Full Text

PAGE 1

Approved Code No. 268 Reg istry No. 1203-1-03 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE SECONDARY ALUMINUM INDUSTRY AS APPROVED ON FEBRUARY 8, 1934 WE DO OUR PART ............. I A \t 0 : ...... -... UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. ---Price 5 cents

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This publication is for sale by the S uperintendent of D ocume nts, Government Printing Office, Washington, D . C., and by eli. trict offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, A l a. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Cl1ambe r of Commerce Buildino. Cbarleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706 , 20 1 North Wells Street. C leYeland, Oh io: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. Detroit, Mich. : 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Ind.: Chamber of Commerce Building. Jacksonville, F la. : Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore AYe:me . Los AnO'eles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Building. Memphis, Tenn. : 229 Federal Building. :Minneapo li s, l\1inn . : 213 Federal Building. rew 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 Builcling. Portland, Oreg.: 215 New Post Office Building. St. Loui s, I\Io . : 50G Olive Street. San Calif. : 310 Customhouse. Seattle, Wash. : 809 Federal Office Building.

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Approved Code No. 268 CODE OF FAIR COMPETITION FOR THE SECONDARY ALUMINUM INDUSTRY As Approved on February 8, 1934 ORDER APPROVING ConE OF FAIR Co:nrPETITION FOR THE SECOKDARY ALu u NUM An application having be en duly made pur uant to and in full comp liance with the provision of Title I of the National Indu trial Recovery Act approved June 16 193 3 for approYal of a Code of Fair Competition for the Qecondar . Aluminum Indu try and hearing having been duly held thereon and the anne:xe l report on .-aid Code containing finding with re pect thereto, having been made and directed to the Pre ident: N O,V, THEREFORE, on behalf of the of the Unit-ed States, I , Hugh S. Johnson, \.dmini trator for Industrial Recovery, pur uant to authority vested in me by Executive Order of the President including Executive Order No. 6543-A lated December 30, 1933, and otherwi e; do hereby incorporate by reference aid an nex ed report and do find that said Code comp l ies in all re pects with the pertinent provi ions and will promote the policy and purpo e of aid Titl-e of said Act; and do hereby order that aid Code of Fair Competition be and it i h ereby approYed; proYided, that the provi ion s of Article VIL uhparagraphs (a), (b), (c) (d), in ofar as they prescribe a waiting period between the filing with the Code Authority and the ffective date of revised price lit or revi eel terms and condition of ale be and the. are hereby t ayed pending my further Order either within a period of :ixty days from the effective date of thi Code or after the comp letion of a tucly of open price as ociation now being conducted by the National RecoYery Administration. H 'GGH s. J OHKSO .... Adm, ini.st1ator jo1 Indust1ial Recovery. Approval recon1mendecl: IL Sil\IPSO_ ' D iv-ision Adm&inistra.to?'. 'VASHINGTON, D.C., F ebruary 8, 1934 . 3 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRE IDEN'l', The White Fl ouse. Sm: The original Code of Fair Competition for the Secondary Aluminum Industry \\as submitted August 15, 1933 (revised Sep tember 28, 1933), by the Aluminum Research Institute, an unincor porated member hip society r epresenting in excess of 80% of known members of the Industry and volume of production. The hearing was conducted in conjunction with the hearing for the Aluminum Industry on September 28, 1933. The Code was revised during the recess of this hearing and is submitted in its present form for approval. Every per on who requested an appearance was properly heard in nccordance with statutory and regulatory requirements. The Industry is nationwide in character. The factories are located with economic relationshp to sources of aluminum crap or aluminum bearing waste for refining and remelting and subsequen t sa le of industry product . In the main the plants are located east of t h e l\1is issippi River (St. Louis included), together with a few facto ries on the Pacific Coast. The Industry supplies ingots of secondary aluminum and aluminum alloys to the Steel Industry for use as a dioxidizer, to the Chemical Industry for the Non-Ferrous Foundries for the production of aluminum or aluminum alloy ca tings, to the Automotive Industry for the casting of crank cases, etc., to the Building Industry for decorative trim, either rolled or cast, and to the Household Industry for rolled or cast cooking utensils, household equipment, etc. The Industry came into being about 1910 with the increasing amounts of aluminum scrap that were available. Through the offices of the Aluminum Research Institute processes for refining of aluminum scrap and aluminum-bearing wa te have been developed so that the Industry products for many applications are sub stantially equivalent to virgin aluminum. The growth of the Industry and its relationship to virgin aluminmn is indicated in the following table. Based upon these figur es (compiled by the Department of Commerce Bureau of Mines) the position of the Secondary A l uminum Industry is that the price of scrap aluminum and aluminumbearing material may one day dominate the market price for the virgin material, as is the case in other kindred metal indu tries. It is interesting to note that the Aluminum Company of Ameri ca rep resents less than 5% activity in the Secondary Aluminum Industry. (2)

PAGE 5

3 Year Primary SecondPercentYea r Primary SecondPercentary age ary age -Tons Tons Tons Tons 193] ________________ 88, 777 30,300 1923 ________________ 04,350 21,300 33 1930 _________ _______ 111, 517 38,600 :34 1922 _______ _________ 36,960 16,200 44 1929 ________________ 112,500 4 ,400 43 1921 ________________ 26,950 f\,900 33 1928 _______________ 105,000 47,800 46 1920 ________________ 68,860 15,500 22 192 7 ________________ 79,8 6 0 46,200 58 1919 ____________ _ ___ 89, 760 18,691 20 I 926 ________________ 72,3 8 0 44.200 61 1918_ . ______________ 112,200 15,050 13 1925 ________________ 69,. 50 14,000 51 1917 ________________ 99,770 16, 100 16 1924 ________________ 7.'i. 130 27,000 36 1916 ________________ li9,410 19,300 27 The major portion of the tonnage of secondary aluminum is pro clnced in plants primarily engaged in the manufactur of se ondary aluminum an l it However, a very considerable portion of the total tonnage is produced in plants that operate prim.arily for the production of alloys of so me other nonferrous metal base. In uch latt-er plants which produce a variety of alloys of different base employees u ually work inter hang ably. It i. therefore prac tically impo ible to sta e the preci c nmnbcr of e mployees that are engaged in the of econdary aluminum. In the original Code that wa offered by the Secondary Aluminum Industry, an e timate of 500 employees wa made and this figure i s b e lieved to be approximately correct, as of August 1, 1933 although the total num. ber would now exceed this figure becau se of the ub. tantial increa e in employment which has been caused by this Industry' compliance ,,.ith the terms of the President's Reemployment Agreement with exceptions a approved by th N.R.A. A careful urvey, made in September, showed that the averaoe number of hours worked in the Secondary Aluminum Industry dur ing the week of July 23, 1933, was 55.-:1:5 hours. At a meeting of the members of Aluminum Re earc h Institute held on Augu t 11, 1933, at \Vhich the first draft of a tentative Code of Fair Competition for the Secondary Aluminum Indu. try was prepared and ap proved, a resolution was unanimously adopted that all members would anticipate the Code provi ions for a 40-hour week and a 35 per hour minimum wage by putting these provisions into effect as of August 21, 1933. To the credit of this Industry, this was lived up to by the members of Aluminum Research Institute, thus making the e increases in wages and reductions in working hours per week take effect prior to the action of the N.R.A. Policy Board in approving exception to the P.R.A. The September survey further showed that during the week of September 10, 193 3, following the labor readjustments of August 21st, the average hours per week worked in the plants of this m embership, was 39.9 hours, a decrea e in average hours :12er week, as compare l with the average hours during the week of July 23 of 27.9%. Another survey was made in November to judge the re ults of the increa. e in wages and the decrea se in working hours . To avoid confusion an l to eliminate gue swork, all members were asked to report on all factory employees, whether or not these employees were engaged exclusively upon the production of secondary aluminum. The month of June and 0 tober, before and after the voluntary incr ase in wages and decrea...;e in hour , were cho en for the

PAGE 6

4 parison. This careful su rvey indi cate d the :following: that the total number of this membership)s employee s in Octob er had in creased by 50.52% over the total number in June; that the total October payroll had increased 19.60 % over the total June payroll; that the average mini1num wage rate of October represented an 1 8 . 37% increase over the ave r age June minimum wage rate of 29.57; and that these substanti a l contri butions to industrial recovery h.ad been made in the face of a 7.28 % decrea se in production in October as compared with June. R eports from. a repre entative cross section o f the industry indicate there \\ere more factory em ployee s on the payrolls of the mem . bers of this Institute in O ctober 1933 than the average number emp l oyed during the peak year of 1929. The A luminum Researc h Institute was organized in June 1929, and has actively and continuous l y functioned since that date. Among the outstanding accomplishments of the Aluminum Research Institute h as been the formulation of a bas i c cost -finding procedure which is suscept ible of expansion to meet the most intricate demands for the details of the costs of production and eli tribution. The Aluminum Research In titute has al o successfully carried to con clus ion, the formulation of standard 1nethod s (which are and al ways will be subject to improvements and exten ions ) for the sampling and analyzing of aluminum and its alloys . Copies of these standards are in the hands of all A1nerican aluminum u sers who maintain their own chem . ical laboratorie , all technical col lege s and all commercia l chemists "ho give particular attention to the c hemistry of metals . Copies of this book have also been furnished upon request to inquirers in practically all the principal countries of the wor l d. ARTICLE I. PuTpos e.-States the purpose of the Code. AnT. II. Definitions.-Accurately defines spec ific terms applicable to the Secondary Aluminum Industry as u sed in this Code. ART. III. H ours.-The maximum hours are limited to 40 hours per week for employees engaged in the processing of products and labor incident thereto except that during any six weeks in any six months' period emp lo yees shall be permitted to work a maximum of 48 hours in any one week. "\ atchmen shall be permitted to work a maximum of 56 hours per wee k with one day off per week. Office, salaried, and other emp l oyees not covered above, who receive l ess than $35 .00 per week, shall not be permitted to work in excess of 40 hours in any one week except that during any six weeks in any s ix months' period such employ ees shall be permitted to work a maximum of 48 hours in any one week. A norm.a l work day shall not exceed 8 hours. Employees engaged in an executive, managerial, or supervisory capacity, who r ece ive more than $35.00 per week, and employee , other than those engaged in processing or labor operations directly incident thereto, are not subject to any hourly limitations. The maximum hours shall not apply in case of eme r gencies or repairs where the safety of life and health or the protection of property necessitates l onger hours. ART. IV. W ages.-The minimum wage for emp l oyees engaged in the proces ing of products or in any labor incident thereto i s at the rate of 35 cents per hour. Female employees shall b e pai d the sa me rate of pay as male emp lo yees for doing the same work or f or per-

PAGE 7

5 forming the same duties. No person emplo ye l in clerica l or office work shall be paid le ss than at the rate of $15 .00 pe . r week, e x cep t that office boys and girls may b e paid a minimum wage of 80% of the established minimum for office employee . Such office boys an l girls shall be limited to 57{ of the total numbe r of office employees in any given establishment, provided, however, that eac h establi . . h ment is entitled to at l ea t one s u c h employee. The e tablished min imum rate of pay (Arti le IV-a) for the work performed in any period shall .apply irrespective of whether an empl oyee i s actually compensated on time rate, piecework, or other basis. Provi i o n is also made for the employing of handicapped per on , \Vho shall b e paid not less than 80% of the minimum wage scale. ARTICLE V. G enera l Labo? ' P rovisions.-Provides that no employer hall employ any perso n under 16 years of age and that no person under 18 years of age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. This article also sets forth the mandatory pro\rision respecting the right of emplo yees to organize and bargain collectively. Thi article also provides for matters having to do with r ecla sification of employe es , standards for safety and h ealth, the observan ce of State laws, and po ting of complete copies of this Code so that they are ac cess ible to em . ployees. ART. VI. a Code Authority consi t ing of five ( 5) persons, four ( 4) of whom shall be selected by the Aluminum Researc h Institute and one (1) of whom shall be selec ted by the a sociate membe:L'S of said Institute. In addition to the five (5) members named abo....-e, there may b e on e or three representatives, without Yote, to b e appointed by the Administrator to serve without expense to the Industry for such terms as he may s pe cify. In addition to the organizatio n of the Code Authority, the powers an l duties thereo f are aLo outlined in this article. ART. VII. Mark eting and T rade P ractic e Rules. -Sets forth fair trade practices for the Industry. ART. VIII. Export Tracle.-No provision of this Code relating to prices or terms of selling, shipping, or marketing, shall apply to export trade or ales or shipments for export trade. ART. IX. Jlf odifica.tion. -This Code and all provisions thereof are expressly made subjec t to the right of the President, in accordance with ubsection (b) of Section 10 of the Act, from til11e to time to ca ncel or modify any order, approval, license , rule, or regulation i ssued under said Act. Provi ion is also made that at the election of the Administrator thi Code may b ecome a supplemental Code of Fair Competition for the Aluminum Industry, i and when such a Code is adopted and apprm eel by the President for uch industry, provided that the Code Authority herein constituted shall remain the Code Authority for the Industry engaged in the production and manufacture of secon lary aluminum and its alloys. AnT. X. ill 01W]Jolie s.-N o provision of this Code shall be so ap plied as to permit monopolies, or monopolistic practices, or to elimi nate, oppress, or discriminate against small enterprise . ART. XI. Effe ctiv e Date . -This Code shall become effective two week s after its approval by the President.

PAGE 8

The Deputy Administrator in his fina l repor t t o me o n said Code. having found as herein set forth and on the basis of all the proceed ings in this matter: I find that: (a) The Code will promote the policies and purposes of Titl e I of the Act, including removal of obstructions of the free flow of interstate and foreign conunerce, 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 among the trade group., by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision , by eliminating unfair competitive practice, by promoting the fulle t pas ible utilization of the present productive capacity of industrie s, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, an l otherwise rehabilitating industry. (b) Said industry normally employs less than 50,000 employees; and i not cla sified by n1e as a major industry. (c) The Code as revised complies in all re pects with the pertinent provisions of Title I of the Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub section (b) of Section 10 thereof; and that the Aluminum Research Institute was and is an industria l group truly .representative of the in lustry; and that said association imposed and imposes no inequi table restrictions on admission to me1nbership therein. (d) The Code is not designed to and will not permit monopolies or monopoli tic practices. (e) The Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the .right to be heard prior to approval of said Code. For these reasons, therefore, this code has been approved. Respectfully, FEBRUARY 8, 1934. Huon S. JoHNSON, Ad1nini8trator.

PAGE 9

CODE OF FAIR COMPETITION FOR THE SECONDARY ALUl\1INUM INDUSTRY ARTICLE I-P RPO ES To effe tuate the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition for the industry e ng.aged in the production and manufacture of econdary aluminum and its alloys, and upon approval by the President., it provi ions shall be the tandard of fair competition for uch industry and shall be binding upon every member thereof. ARTICLE II-DEFINITIONS (a) The term ' Indu -try enoaged in the production and manufacture of secondary aluminum and its alloy " or "the industry " as u sed herein includes all producers who recover metal from aluminum scrap and residue and the refining and alloying thereof. (b) The term ' member of the industry" include , but without limitation, any individual, partner hip, association corporation or other form of enterprise engaged in t h e industry either .as an em ployer or on his own behalf. (c) The term employee" a used her in include an T an l all per ons engaged in the indu try howev e r compen ated excepting a memb e r of the indu try. (d) The term ' employ r ' : a s us e d herein include anyone by whom any suc h empl oyee is ompen ated or employed. (e) The terms ' President ", Act ", and Admini trator ' a used herein mean re pectively the President of the United State , Title I of the National Indu trial Recovery Act and the Administrator for Indu trial R eco\ ery. (f) Poptilation for the purposes of thi Code hall be letermined by reference to tho lat t Federal cen u s . ARTICLE III-HoURs (a) !1-Jaximu1n hours.-:No empl oyees hall be permitte l to work in exce s of 40 bour in any one week or 8 hours in any 24-hour period, except that during any G weeks in any 6-month period, en1ployees shall be permitted to work a maximum of 48 hours in any one week, and ex ept as herein otherwise provided. vVatch men shall be permitted to work a maximum of 56 hours per week with one day off per week. (b) Hours fm cl rical and office o per on employed in clerical or office 'York hall be Dermitted to work in exce s of 40 hour in any one week, except during any 6 weeks in an. 6-month period such employees hall be permitted to work a. maxi-(7)

PAGE 10

8 mum of 48 hours in any one wee k. A normal day shall not exceed 8 hours. (c) Exceptions as to hours.-The provis ion s of this Article shall not apply to outside salesmen or to emp loye es engaged in execut ive, supervisory, or technical capaciti s who earn not l ess than $35 per week. In case of an emergency, employees may work up to 10 hours in one day, provided that they be paid time and one half for all hours in excess of 8 hours per day. The maximum hours shall not apply in the ca e of emergencie s where the safety of life and health or the protection of property necessitates longer hours, provided that time and one half the regular rate be paid for all hours in exce s of 8 hours per day. (d) E1nploym . .ent by Several Em.ployers .-No employer shall knowingly permit any employ ee to work for any time which, when totaled with that already performed with another employer or employers in this industry, exceeds the maximum permitted herein. AnTICLE IV-\VAGES (a) Minimum Wages.-No employees shall b e paid in any pay period less than at the rate of 35 per hour, except as otherwise herein provided. (b) Minin1 /wn vVages jo1 Clerical and Office o per son employed in clerical or office work shall b e paid l ess than at the rate of $15 per week of 40 hours, except that office boys and girls may be paid a minimum wage of 80% of the esta blished minimum for office employees . Such office boys and girls shall be limited to 5% of the total number of office employees in any given establishment; provided, however, that each establishment is entitled to at lea t one such employee . (c) Piecetvor k Com . pe71.sa.tion-lt!inin1u1n 1Vages.-The esta b lished minimum rate of pay (Art. IV (a)) for the work performed in any pay period, shall apply, irrespective of whether an em . p l oyee i s actually compensated on time rate, piecework, or other basis . (d) H anclicapp ecl P ersons .-A person whose earning capacity i s limited becau se of age or physical or mental handicap may be em ploye d in light work at a wage below the minimum established by this Code if the employ e r obtains from the State Authority desig nated by the United States Department of Labor a certifi cate authorizing his en1ployment at such wages and for s uch hours as shall be stated in the certificate . Each employer shall fil e with the Code Authority a list of all such persons emplo yed by him. Such authority shall be guided by the in tructions of the United States Department of Labor in issuing certificates to such persons. Such em ployees shall be paid not le ss than 80% of the minimum wage schedule. (e) Unless a readjustment has already been made since June 16, 19 33, equitable adjustments shall be made of the wages of empl?yees now recei_ving mor.e than the minimum wage Such equitable adJustments shall mean that differentials existing prior to the formation of this Code shall be maintained for all em ployees. Within thirty days eac h member shall r eport to the Administrator through the Code Authority all such readjustments.

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• 9 ARTICLE V-GENERAL LABOR PROVISIONS (a) Child Labo1'.No person under sixt en (16) years of age shall be emp l oyed in the industry. No p r on under eighteen (18) years o f age shall be empl oyed at operation or occupation which are hazardou s in natur o r dangerou to h alth. The Code Authority shall s u bm i t to t h e Administrator for approval before May 1, 1 934 , a li t o f such operations or occupations . In any State an employer shall be deemed to have compli c1 with thi provi ion as to age if he shall have on file a certifi ca te or permit duly igne l by the Author ity in such State empowered to is ue employment or age certificates or permi t s howing that the employee i s of the required age . (b) Provisions frmn the A ct.-In compliance with Section 7 (a) of the Act it is provided: (1) That employ s shall haYe he right to oroanize and bargain colle tively through representatiYes of their own choo in g, and shall be free from the interference, re traint, or coer ion of employers of labor, or their agent , in the de ignation of s u h repre entatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual .aiel or protection. (2) That no employe and no one eeking employment shall be required a s a condition of employment to join any company union or to refrain from joining, organizing, or a s isting a labor organization of his O\Vll choo ing, and (3) That employ r shall comply with the maximum hours of labor, minimum rates of pay, and other con litions of employment approved or pre cribed by the Pre ident. (c) Reclassification of Em, p7oy e s . No employer hall recla ify emplo} ee or dutie of oc upation performed or engage in any oth-er subterfuge for the purpose of defeating the purpo es or pro Yi ions of the Act or of this Code. (d) 1 ta . ndards for Safety and Health. -Every employer shall make reason able provision for the afety and health of his employees at the place and during the hours of their employment. Standards for safety and health hall be submitted by the Code Authority to the Administrator for approyal within six months after the effective date of this Code. (e) tate Laws. N o proYision in this Code shall supersede any State or Federal law whic h impo es on employers more stringent requirements as to age of employee , wage , hours of work, or as to safety, health, sanitary, or general working conditions, or insuran e, or fire protection, than are impo ed by this Code. (f) Posting. -All emplo3 ers hall po s t complete copie of this Code in conspicuous places accessible to employee . ARTICLE VI-ORaA_-rz. -\.TION PowERS, AND DuTIES oF CoDE AuTHORITY (a) There sha ll forthwith be constituted a Code Authority con sisting of five (5) per sons, four (4) of whon1 shall be selected by the A luminum Research Institute and one of whom shall be se lected by the As ociate members of said In titute. (b) In addition to the membership as above provided there may be a representative or representatives without vote but in no case to

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10 exceed three ( 3 ) appointed by the Administrator to serve without expense to the industry for s u ch terms as he may specify, to act as his representative or representatives or as a representative or representa tives of such intere t e d groups as h e may spec ify. (c) Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions on membership and (2) s ubmit to the Administrator true cop ies of its Articles of Association, By-Laws, regulations , and any amendments when made thereto, together with such other information a to membership, organization , and activities as the Administrator may deem n ecessary to effectuate the purposes of the Act. (d) In order that the Code Authority s h all at all tim s be truly repres entative of the indu try and in other respects comp l y with the provision of the Act, the A lministrator may pre cribe suc h hearing as he may deem proper; and thereafter if h e sh all find that t h e Code Authority is not truly representative or does not in other re spects comp l y with the provi ion s of the Act, may require an appropriate modification in the m et hod of selection of the Code Authority. (e) :Members of the industry shall be entitled to parti cipate in and share the ben e fits of the activities of t h e Code Authority and to participate in the se l ection of the member s thereof by accept in g their rea enable share of the cost of its preparati on and a lministration. Such rea onable share of the e.xpen es of preparation and administration shall be determined by the Code Authority, subject to rev i ew by the Administrator on the ba is of volume of busine s andjor such other facts as may be deemed equitable . (f) Nothing contained in this Code shall constitute the member of the Code Authority partners for any purpose. Nor shall any member of the Code Authority b e liable in any manner to anyone for any act of any other member, officer, agent, or employee of the Code Authority. Nor shall any member of the Code A uthority, ex ercising reasonable dili gence in the conduct of his duties h ereunde r, be liable to anyone for any action or omi s i on to act under thi s Code, except for his own willful misfeasance or nonfeasance . (g) The Code Authority shall have the following further powe r s and duties, the exercise of which shall be reported to the Administrator and shall be subject to his right on review to disapprove any action taken by the Code Authority. (1) To in sure the execution of the provisions of this Code and provide for the compliance of the industry with the provisions of the Act. (2) To adopt By-Laws and rules and regulations for its pro cedure and for the administration and enforcement of th3 Code . (3) To approve recommendations for exceptions to the marketing provisions of this Code . (4) To obtain from members of the industry such information and reports a s are required for the administration of the Code and to provide for su bmi ss ion by 1nem . bers of s u c h jnformatin and reports as the Administrator may deem necessary for the purposes recited in Section 3 ( a ) of the Act, which information and reports

PAGE 13

11 shall be submitted by member to such Administrative and/or gov ernment agencies a t h Admini trator may de 'ignate provide 1 that nothing in thi Cole . hall relieve any member of the indu tr of any ex i ting obligation to furnish reports to any go,ermnent No individual r eports hall b li clo sed to any ther member of the indu tr or any other party except to such governmental agencies a may be directed b the Admini trator. ( 5) To use uch trade a ociation and other agencie as it deems proper for th arrying out of any of it activities proYided for h e rein provided that nothing herein hall relieve the Code Au thority of i ts dutie or respon ibilitie s under this Code and that uch trade a sociations and agencie hall at all times b ubject to an l comp l y with t h e provisions hereof. ( 6) To make r com m ndations to the Admini trator for the co ordination of t h aclmini trati on of thi Cde with u c h other codes, if uny, as may be r lated to the industry. (7) To secure from memb ers of the industry a n equitable and proporti nate payment of the reasonable ('Xpen e. of maintaining the Code Authority and its activities. (8) To recomm ncl to the Administrator further fair trade prac tice proYif'ion t go,Tern m embers of the indu try in their relations 'Yith each other o1 with other industries and to reconunend to the Admini hator m a ures for indu trial planning including tabiliza tion of emp loyment. ARTICLE VII-.l\1ARKETL To AXD TRADE PRA TI 'E R LE (a) Each member of the indt try hall file with the Code Author ity the price a t which he i s offering his products for ale, whi c h pri ces . h all not be l e s than his current cost as letermined by a uni form y tem of cos t accounting as provided for in ection (k) of thi Arti cle, provided that any member of the indu try may file b e low his current cost o determined in order to m eet the compet i tion of any other member of the indu try who has filed price in accordance with thi .... ection . (b) In determining current cost, the cost of raw material u ed in the n1anuf ucturecl product shall b e computed on the ba i of the publi hed market price as published in an} daily trade paper thereof prevailing as of the date of ale. (c) ..... ny member of the indu try de iring to change the price or price . of his product hall notify the Code Authority of all changes to b e made three ( 3) full busine s days previous to quoting ..,uch change provided, however that if at any ti1ne the current cost of a memb e r of the indu try b ecomes greater than his fil ed price or s u ch member hall immediately file a new price or prices with the Code Authority in accordance with all of the provisions of ection (a) of this Article, such new price or prices to become effective immediately. ( c1) Publi heel prices hall include terms of payment, quantity discount s, length of bookings or contracts and F.O.B. point, and s u c h other provi ions a may be n eces ary to fully inform the trade of all cond ition s of sa l e .1 1 See paragraph 2 of order approving thL Code.

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12 (e) Terms of ale shall be fully stated and strictly adhered to and strictl y adhered to and invoice shall show sa me. (f) There shall be no discrimination between c u stomers . Differ ence in price ba eel upon quantity shall not constitute discri1nination. (g) Prices and di scounts s h all be openly and publi c l y announced. (h) A uniform sal es contract s h all be established and used by the industry, subject to the approval of the Administrator. (i) All conb.'acts shall be equally binding upon both parties and are not subject to repudiation. (j) The following are unfair trade practices and the violation of any one or more of them constitutes a vio lation of thi s Code: 1. Selling below open l y and publicly announced prices and terms as provided for in Sections (a) and ( c ) of this Article. 2. Secret allowances or secret rebates of any kind. a. False dating of contracts or billings. 4. A llowances by any name or of any nature which are not justi fied by the facts or are made in collus i on with the buyer, for the purpose or effect of defeating the provisi ons of this Code. 5. Storage of products in consumers' Warehouses, or sal es on co nsignment to consumers, except under c ircumstances to be defined by the Code Authority, where peculiar circumstances of the industry make the practice advisable. 6 . Special ervices or privil eges to ce rtain purchasers when not extended to all purchasers under like terms and conditions. 7. Making false or misleading statements about competitors' product., or regarding the character, management, or financial standing of a competitor. 8 . Fal e or misleading advertising, mislabeling, or misbranding. 9. The adoption of brands (either in design or name) which so closely approximate the brands or trade n1.arks of a competitor as to deceive or confuse a buyer by similarity of appearance or brand. 10. Inducing or atten1.pting to induce a breach or cancellation of a contract b etwee n a competitor and his customer. 11. Maliciously enticing away the employees of a competitor with the purpose and intent of unduly hampering, injuring, and embarrassing a competitor in his business. Nothing herein shall prevent any employee from offering his service to a competitor, or prevent any member from employing an empl oyee of another member where the initiati' e in such change of en1.ployment c01ne.s solely fron1. the employee. 12. No member of the industry shall give, permit to be g i ven, or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent o r representative of another in relation to the business of the employer of en1.ployee, the principal of such agent or the represented pa.rty, without the knowledge of such employer, principal, or party. Com mercial bribery provisions shall not be construed t o prohibit free and general distribution of articles commonly used for advertising excep t so far as such articles are actually used for comn1.erc_ial bribery as hereinabove defined . 13. Guaranty against decline in price.

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13 14. Substitution of any grade of aluminum and its allo ys superior in compo sition to that f o r the purpo e o f furni hing suc h at price lower than would o t h erwi e pr vail. 15. Entering into quantity contracts wit h buye r without obligation on their part to take deliv e r y o f t h qua n t i t i e spec ifi e d in the contrac t or on the quotation for t h e p u r p ose of g i Y ing peci a l unwarranted prices . 16. Payment o f brokerage in cxce s of t h e n u a l and c u tomary commi s ion with the purpose o r effec t o f de feating the provis ions of thi 17. Failure to r e p ort any tatisti cs o r d ata r qnire d b y the p r o v i sions of this Cod e . 1 . Publishing or circulating unjus tifi e l o r unwarra nted threat s of legal proceeding whic h t end to or haYe t h e effect of h arra ing competitor s o r intimi d a ting t h ei r cu tom e r . Failure to pro ecnte in due co u r e s h all b o evide nce that a n y suc h threa t i s unwarrante d o r unjustifi ed. 19 . R e q uiring tha t the purchase o r l ease of any good be a p r e r equi ite to t h e p u r c h ase or l ease of a n y other goo d s . 2 0 . Vio l atio n of any of the fai r pra Lee rul es, r egula ti n o r r equire m ents of thi Code . (k) Cos t a ccount ing. Eve r y m em b e r o f the ind u try s h all u e a cos t-accounting s y ste m \\hic h confo r m t o t h e p rinciples of a n d is at l a t a cletaile l and c o mple t e as t h e u niform method of co ting to b e pre cribed by t h e Co d e A uthority and approved b y the A lmin i t rator. AnTICLE VIII-ExPORT TRAD E No proY i ion of this Co d e relating to p r ice s or terms o f elling, shipping, o r marketing, s h all appl y to ex port trade o r sal es or shipments for export trade of unfabricatecl produ cts of this ind u t r y . AnTICL E lX-MoorFIC.'l.TION (a) T h is Code and all the proY i s ions t h e reof a r e express l y made subject to t h e rjght of the President, in accordance with t h e p r o vi ion of s u bsection (b) of Snction 10 of t h e Act , from ti1n e to time, t o cance l or modify a n y order, a p prm a l , licen se, rule, or r egulation iss u e d u n de r aiel A c t. (b) Thi Code, exce p t as t o proYis i ons require d b y the A ct, may b e modified o n t h e b a is of experien ce o r c hanges in circumstances , s u c h modifications to b e based upon application t o the Administrator and s u c h noti ce a n d h earing a s h e s h all s pecify, a n d to b ec om e effec tive o n a p pro;;ral o f the President. ( c ) At t h e e l ect i o n of the A dministr ator this Code of F air Cmn p etition m a y becom e a supple m . e n tal c o de to, o r b e coordina t e d with, the C od e of Fair Competitio n for the Aluminum Industry, if and when s u c h a Code i s adopte d and approve d by the President for u c h industry, provided that the Code Authority h e r ein constitute d shall remain the Code Aut h orit y f o r the industry e ngaged in the production and manufacture of s e condary aluminum and its alloys .

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1 4 II I II IIIII I I 3 1262 08582 8597 AnTICLE X-l\1oNOPOLIES N o provision o f thi Code s h all be so applied as to permit mo n op olies, or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE XI-EFFECTIVE DATE This Code shall become effective two weeks after its approval by the President. Approved Code No. 268. Registr y No. 1203 1-03. 0


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