Approved Code No. 555 Registry No. 1224-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ZINC INDUSTRY 

AS APPROVED ON MARCH 26, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1935 

For sale by the Superintendent of Documents, Washington, D. C. • - - - - - - - - Price 5 rents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D. C., and by the following N. R. A. offices: 

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Approved Code No. 555 

CODE OF FAIR COMPETITION 

FOR THE 

ZINC INDUSTRY 

As Approved on March 26, 1935 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE ZINC 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 Zinc Industry, and hearings having been 

duly held thereon and the annexed report on said Code, containing 

findings with respect thereto, having been made and directed to the 

President: 

NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pur uant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate 

by reference said annexed report and does find that aid Code complies in all respects with the pertinent provisions and will promote 

the policy and purposes of said Title of said Act; and does hereby 

order that said Code of Fair Competition be and it is hereby approved, subject, however, to the following conditions: 

( 1) The provisions of Article III, Section 1, and provisions related thereto, insofar as they permit of averaging, shall remain in 

force and effect for a period of sixty ( 60) days beginning with the 

effective date of this Code. At the expiration of said sixty (60) 

day period the aforesaid averaging provisions shall be automatically 

stayed and the Code amended by a subsequent Order to eliminate 

the said averaging provisions, or the said averaging provisions shall 

be superseded by appropriate provisions submitted by the Code 

Authority which shall conform to established Administration policy, 

unless good cause is shown by the Code Authority before the termination of said period for a continuation of the aforesaid averaging 

provisions in their present form, or with modifications thereof. 

(2) The impartial investigator referred to in Subparagraph (a) 

of Section 1 of Article III shall review conditions in the Mississippi 

Valley, Southern, and Southwestern Districts of the Mining Division of the Industry for the purpose of reporting to the Board 

within ninety (90) days from the effective date of this Code, the 

124362°-1603-116-35 (29) 
30 

amount of adjustment of Code wages (not in excess of recommendations of the Labor Advisory Board-thirty-five cents (35¢ ) per hour 

above ground and forty cents ( 40¢) per hour underground) possible 

in said Districts in order to effectuate the policies of Title I of the 

Act; and that the Board after reviewing said report and consulting with all interests concerned, may modify the minimum Code 

wage provisions for said Districts of said Mining Division, as it may 

deem necessary upon the basis of said report. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Division Administrator. 

WASHINGTON, D. c., 

March 26, 1935. 
REPORT TO THE PRE IDE T 

The PRESIDE T 

The White House, 

Srn: The original Code for the Zinc Industry was submitted on 

October 10, 1933, by the merican Zinc In titute, Incorporated 

organized in 1918, representing over 95% of the known members of 

Industry and 95 % of volume of production. Several revisions of 

the Code were made prior to the public hearing which was held 

on December 8, 1933. This Code wa revi ed during the recess of this 

hearing and was submitted in its present form for approval. Every 

per on who requested an appearance was properly heard in accordance with statutory and regulatory requirement . The Zinc Industry includes the mining concentrating and smelting of zinc bearing ores and materials, and the primary steps in the 

fabrication into metallic zinc products and zinc pigments and the 

original sale of industry products. 

Although zinc is one of the mo t widely applied and useful of 

the base metals its development as an indu trial material is of comparatively recent origin in the United States, and while known to 

the ancients for centuries it wa not until about 1 00 that the melting of zinc was successfully started in Europe and it was not until 

1860 that it was produced commercially in the United States to the 

extent of about 800 short tons. From thi humble beginning the 

Indu try reached peak of 670 000 and 625,000 short tons re pectively in 1917 and 1929. 

The fir t mining of zinc ore wa carried out in the Ea tern States, 

and even today ew Jersey ew York, Virginia and Tenne ee are 

important producer . In the mining of lead ore in the upper i1i i ippi Valley in 

Wisconsin and Illinois the occurrence of zinc ores wa found in the 

same depo it and lead to the development of a zinc smelting indu try 

in the proxin1ity of the Illinois and Indiana coal field . Sub. e- quently the exten ive zinc depo it of J oplin or the Tri-State region 

located in the adjoining corner of l\1i ouri, Kan a and Oklahoma, 

were di co-vered. Production from this region developed rapidly 

and for a con iderable tin1e after 1905 produced approximately 50 % 

of the zinc in the nited State . During the World War exten i ve 

depo its were di covered in the we tern ection of this region with 

the re ult that Oklahoma ha recently become the leading zinc producing tate. The ores in this Tri-State region, u ually occurring 

at depths of 150 to 350 feet, are a combination of zinc, and lead 

ulphide , and are known as pahlerites" ' Blende" or ' Galena" 

and yield about six part of zinc to one part of lead; the combined 

metal contents of the ore being about 5% of the ores mined. The e 

ores, after being mined, are cru hed and ground preliminary to sepa-

( 31) 
32 

ration of the metallic values from the gangue and the selective separation of the zinc and lead values by flotation. The zinc concentrates 

so produced contain about 60% metallic zinc. Due to metallurgical 

losses incidental to melting and refining, about two tons of concentrates are required to produce one ton of slab zinc. These concentrates are either shipped to smelters located East of the Missi sippi 

River in the proximity of coal fields1 or to Oklahoma, Arkansas, 

Kansas and Texas in the proximity ot natural gas fields. 

Zinc ores in the We tern Mountain States occur in vein and replacement deposits, usually at greater depths than in the Tri-State area 

and are mined at greater costs than in the Tri-State region. Large 

reserves of zinc have long been known to be present in the so-called 

"complex" ores of many mining districts, but until the past decade 

no practical means of recovering the zinc had been developed. These 

complex ore consist of an intimate combination of zinc, lead and 

iron sulphides and in some cases zinc, copper and iron sulphides, and 

also containing small but valuable quantities of silver and gold. 

The zinc is not sufficiently high to permit these ores to be treated 

<lirectly by a zinc smelter, and on the other hand it interferes with 

the recovery of the remaining metals by a lead or copper smelter. 

Certain of these ores in which the zinc content was too high were 

treated by cu tom smelters, it, however, being necessary to "slag 

off" the zinc a co tly operation for which the smelter had to charge 

the miner a heavy penalty. 

The recent development of selective flotation changed this whole 

situation. In this process the complex ores are ground extremely fine 

so as to separate the individual mineral particles, and the lead, zinc 

and iron minerals are then floated off successively thus producing 

separate concentrate of lead and of zino which can readily be 

treated at the respective smelters. Through this means not only was 

the zinc in many western mines transformed from a penalty constituent to one of value, but many ore bodies which had had no commercial value became amenable to treatment and began to produce 

large quantities of both lead and zinc. 

Of the 12 800 people employed in zinc mining and milling in 1929 

about 67% of the total were employed underground. By regions 

about 3 000 were employed in the Mountain States, 8 000 in the Missis ippi alley States, including the Tri-State area, and about 2,000 

in the Eastern States. 

Smelter for the production of metallic zinc or manufacturing of 

zinc pigment are eldom if ever located near the mines due to the 

fact that the depo it of coal and natural gas, both of which are 

so nece ary for the reduction of zinc or are located in areas other 

than where the zinc depo its are located. The mark t for metallic 

zinc and ulphuric acid (a by-product from the zinc ore roa ting 

operation ) i also a determining fa tor in the economic .. election 

of . ite for melter operations. It i al o cheaper to ran port the 

raw cone ntrat s (in t rm of pound of r cov rable m tal) by rail 

to the :far di tant m lter than to prodn e the metal at th min and 

ship b. rail. . . . The method of m ltin or xtra 1no- zinc from 1t r and concentrat ar quite diff r nt fr m th mpl y d for th r ba e 

m tal . In t a l of b ino- produ l in larg furnac in which the 

metal i form d in th molt n state and tapped, as i th ca e in 
33 

iron, copper and lead, zinc i produced by di tillation and ub equent 

conden ation of the metallic apor or by di olvino- the zinc values 

in sulphuric acid and then rec°' ering the zinc Yalu from the olution, or electrolyte, by electrolysis. In the di tillation pro" , of 

which there are about twenty plants in the United States, the ore, 

or concentrate, is first roa ted to burn off the sulphur (the sulphur- .. ous ga es being utilized in the making of sulphuric acid) and to 

convert the zinc into the form of zinc oxide. The roa ted product 

is then mixed with finely divided coal and is charged into small 

cylindrical refractory retort which are arranged in horizontal tiers 

in a furnace which was fired either by natural gas or producer gas. 

By those metallurgical operations the zinc oxide is reduced to metallic zinc at a temperature higher than its boiling point; the zinc 

passes off in the form of vapor to a condenser where it is condensed 

to liquid form and is then drawn off periodically and cast into slabs 

weighing about fifty pounds each. Although the retort furnaces use 

a process several centuries old and the process is often looked upon 

as being obsolete, nevertheless the recoveries are often as high as at 

electrolytic plants. There is, however, a tendency in the United 

States towards the lessening of hand labor and hand conveying and 

re ort to mechanical handling and gravity feed into vertical retorts. 

Much time and effort has been spent in the design of furnaces for 

the smelting of zinc by a continuous distillation proce s. About 

1915 the electrolytic process of producing metallic zinc was developed 

in Montana; subsequently as additional quantities of zinc concentrates were made available by selective flotation electrolytic plant 

capacities were increased and the vVestern Mountain States' production of slab zinc rose :from an inconsequential position to one of 

the major zinc producing centers. In 1929 the ,v estern States produced 33 % of the total zinc output of the country, a compared with 

43 % for the Tri-State District, and 24% for the states ea t of the 

Missi sippi River. The electrolytic process is particularly adaptable 

where cheap power, usually hydroelectric power, is available and 

where there is a scarcity of coal or gas fuel. The price for electric 

power mu t be under .004¢ per kwt. hour to compete with retort 

furnaces. In this process the zinc content of the roa ted ore is 

"leached" with dilute sulphuric acid. The zinc-bearing solution is 

then filtered and purified and the zinc value is recovered from the 

solution by electrolysis. The metallic zinc is depo ited on the cathodes from which it is stripped at regular intervals and then melted 

an i cast into lab . The zinc produced by this proce s i extremely 

high grade, the most recent development being the regular zinc 

production containing less than 1/ 100 of 1 per cent impurities. 

ot all of the zinc ore mined in the United States is used in the 

production of slab zinc- about one-sixth of it is u ed directly in the 

manufacture of certain zinc compounds, namely zinc oxide, lithopone 

and various zinc salts. Zinc oxide is u ually produced by heating 

oxidized ores or concentrates with coal on an iron grate through 

which air is blown from underneath. The zinc is thus reduced to 

the metallic state and rises as a vapor which i immediately oxidized, 

forming a den e white fume which is subsequently filtered for the 

production of zinc oxide. This process of production is known as 

the American process. Zinc oxide of exceptional purity is also produced by the French process which consists in the vaporization of 
34 

high grade metallic zinc and the subsequent oxidation of the zinc 

vapors to form zinc oxide. 

Lithopone is an intimate mixture of zinc sulphide and barium 

sulphate, produced by chemical precipitation, followed by subsequent processing and finds use as a pigment. The principal by-product of zinc smelting and oxide manufacture is sulphuric acid, obtained from the sulphur gases produced in roasting zinc concentrates. 

In the electrolytic plants a part of this acid is used in leaching the 

roasted ore to produce the zinc electrolyte. Large quantities of acid 

are also used in converting natural phosphate rock into soluble superphosphate for use as an agricultural fertilizer. Sulphuric acid is 

also sold to chemical and oil refining industries. Metallic by-products from zinc smelting include lead, silver, gold, copper and 

cadmium. 

The largest single use for metallic zinc is in the galvanizing industry. Of the 629,000 tons of metallic zinc produced in 1929 290,000 

was used in the galvanizing industry. The next outstanding use for 

zinc is in the manufacture of brass. In 1929 180,000 tons were used 

in the manufacture of brass. Rolled zinc, die castings and other 

purposes consumed the balance in almost equal quantities. 

The position of the secondary zinc industry occupies a role with 

respect to the Zinc Industry quite different than that of the secondary metals in the copper and lead industries. Inasmuch as a major 

portion of metallic zinc is used in the galvanizing industry that tonnage is not recoverable. By the same token another large tonnage is 

used in the production of paints and even in the refining of metals 

such as brass. Much of the contained zinc is lost through being 

burned out and is not recoverable. The secondary production of zinc 

is, therefore, well under 20% of the average domestic mine 

production. 

The history of the Zinc Industry is one of constant shift and change 

to position and status, governed by either the demands of progress 

or of consuming industry, the location of new deposits and the development of new processes of recovery. Eastern production yielded 

to the cheap production of oxide deposits of the Mississippi Valley 

and the Tri-State area. These latter two areas, especially the TriState area had to yield to the recovery by flotation of zinc values 

from the Western Mountain States, as also the discovery of the 

electrolytic method of zinc recovery. The Tri-State area is in a 

further peculiar position due to the fact that the recovery of ores 

from this particular area requires a minimum of mechanization, with 

the result that it has been made possible for many people with small 

capital to become zinc producers. The majority of these producers 

operate on lands leased from the Indians through the Department 

of Interior. The requisites of the lease are such that these producers 

must operate almost continuously in order to retain their leases. 

This condition of almost enforced operation means that many of 

these producers in their de ire to hold their lea es have operated at a 

loss due to the fact that their operations were in non-conformity to 

the law of supply and demand. The royalty on private and Indian 

lands in the Tri-State district is based on gross value as compared 

with net value in the Rocky Mountain States. Contracts for. leases 

of both private and Indian lands provide for the payment of royalty 
35 

on the gro s value of the ore rather than the net, so that the o-wner, 

either private or the government may, and doe , often receive very 

·ubstantial cash royalties while the lessee lo es money. It may be 

nece ary for the government to give consideration to the question 

of modifying the requirements of contracts on leases of Indian land . 

Although the strategic position of the Zinc Industry with reference to the position of the secondary metal is in far better status 

than some of the other ba e metals, thi in a measure, however, may 

be offset by some other factors, and due consideration should be given 

to a system of control or allocation of production as provided for in 

the Code and each such allocation of production must be considered 

in the light of local conditions. 

The large potential producers of Colorado "ho have been closed 

down since 193·0 and 1931 might wish to reopen. Production in 

Idaho, l\1ontana, Utah and Nevada has been greatly curtailed and the 

Tri-State area has also been on a curtailed basis. Greater curtailment 

must be necessary during 1934 in order to reduce the excess stocks. 

Statistics furnished by the American Zinc Institute indicate, ho,,-

ever, that on December 31, 1933 stocks on hand amounted to 105,u60 

tons, and that on November 30, 1934 there were 116,076 tons on hand, 

or an increa e of 10 996 tons for the eleven-month period. Some 

mines must continue to operate in spite of themselves. The Pecos 

mine in .r ew Mexico cannot be closed if it is ever to be reopened again. 

Other zinc mines would suffer much damage in being forced to clo e 

permanently. In the ~1eantime the zinc mines of the Eastern States 

have decrea eel production only slightly in 1930 and 1932 and have 

an increased output in 1931 over 1932. During the last six months 

of 1933 the production from the Quapaw Indian land in Oklahoma 

under the supervision of the Department of Interior yielded 20% 

of the value of lead and 18% in the Tri-State district zinc output. 

In the years 1926 to 1933 Indian lands have produced as high as 32% 

of the total value of the zinc concentrates and in another year as 

high as 42% of the total value of the lead concentrates from the 

Tri-State District. 

Throughout the long history of mining in the United States it 

is axiomatic that an operating mine or district is one making operating expenses, and failure to make expenses means closing do\\'n. 

Reservations to this axiom are that the operating mine or district 

has made money in the past and is now spending its surplus; or has 

ore bodies which it hopes to develop into a profit making mine. 

The mine production of recoverable zinc by districts and regions 

from 1923 to 1933 indicates that the production of 1933 could easily 

have been made by the combined activities of the Eastern and the 

Tri-State district ; or by the Eastern States and the Rocky :Mountain Far-,Ve tern States combined, or that either combination could 

equal and doubtless exceed the production of 1925 and 1926 of 

520:000 tons. l(now ledge of the ore bodies existing in the zinc 

districts of the nited States confirms the above deductions. Oklahoma alone can be said to be the key to the picture; equally reasonable deductions would place the key in the Rocky :Mountain States 

,Yhere the situation is complicated by zinc production supplemented 

by the production of lead, il-,er and gold from complex ore bodies. 

The complex ore bodies are such a to compel mining and milling of 

124362°-1603- 117-35-2 
36 

the sulphide minerals of the four metals in one operation and to 

prevent segregated mining of only one mineral. 

The mine production of recoverable zinc in the United States 

has declined from 775,000 short tons in 1926 to 285,000 tons in 1932, 

or from 44% of the world production of 21%. In the same period 

world production declined from 1,768,000 short tons to 1,074,000 

tons but the corresponding percentage of production of other 

countries of the world showed an increase fron1 56% to 73% . The 

major decline in world output occurred in the United States. The 

stocks of lab zinc at smelters in years past have been steady at an 

average of 26 000 to 30,000 short tons at the end of normal years, 

but reached 6 000 tons at the end of 1929 and 167,000 tons at the 

end of 1930. It dropped to 144,000 tons at the end of 1931, and to 

12 000 ton at the end of 1932, and to 106,000 tons at the end of 

1~33. To reduce stocks at the end of 1934 to 30,000 tons and a suming an e:s.port of about 3,000 tons and a consumption of slab zinc 

of 353,000 tons, would mean that slab zinc production should be reduced to 257,000 tons or less than the 1931 and 1933 output. . In 

other words even if consumption increa ed in 1934 over 1933 there 

will have to be a curtailment of production to a quantity less than 

1931 and if con umption does not increase the curtailm0 nt will have 

to be even greater. 

The tariff of 1922 carried a duty of 11⁄2¢ per pound of zinc on 

ores containing over 25% zinc and 13⁄4¢ per pound on zinc in blocks, 

pigs or slabs, and 2¢ per pound on zinc in sheet and duties ranging 

from 3⁄4 of one cent to 21⁄4¢ per pound on zinc chemicals and zinc 

pigments, and protects the United States' Zinc Industry from the 

heavy imports· of ore from :Mexico and Canada. The heavy decrease 

of imported ores for Sl}:!elting under bond and the decrea e in the 

exports of dome tic slab zinc as well as the export of that made 

from foreio·n ores means t o separate and distinct lo se in ource 

of revenue to the cu tom smelter with a corre ponding reduction in 

capacity and need for labor. ARTICLE I. S~ate the purpo e of the Code. 

ARTICLE II. Accurately defines pecific term applicable to the 

Zinc Indu. try a. u d in this Code. 

ARTICLE III. The maximum hours are limited to 40 hour per 

week aYeragecl oYer three month periods uch period to be the regular quarterly periods of each year, an l eight hour in any 24 hour 

period except a otherwise provide l for. Provision is made that 

employer hall report to the Code uthority at the end of ach 

quarter uch detailed information a may be required by it or by the .... lmini trator indicating how the a,eraging proYi ion ha been 

appli L The Administrator, a hi di cretion may a1 point an 

impartial inve tigator to reYi w condition in the In ln tr con rning the averao·ino- provi ion. Th eight hour provi i n f r the finjng Divi i n in a h state hall b in accordance with the law f the 

r-:tate pertaining to the eight hour d . for 1ninino- 01 ration . RTI LE I . he minimum wng for mpl e vary from 30 

p r hour to 471⁄2 p r hour accor ling to g OO'raphi al an l divi. i nal 

r quir m n . o p r n in 1 ri al or offi w rk hall b paid le 

than $1. . 0 p r we k xc pt that offi boy an o-irl and m · no- r 

and labora r} boy ma be pail O o of the establi hed minimum 
37 

for office em1 lo ee . The minimum rate f pay for w rk performe l 

for an pay perio l ·hall apply ine pectiY of wheth r an mployee 

i actually comp n a el on a time rat , pi e r other ba ·i . I rovj-

. ion i al o made for the employn ent of han li ·a pped per on . Pr -

i ion i al o made for the adju tment of wage above the min1mum. 

ARTI LE V. Provide that no employ r hall em1 loy any p r on 

under 16 y ar of age and tlrnt no per on nn ler 1 year of age 

shall be ernploye l exc pt in clerical offi e, ale , ervice techni al 

and engineerin department . Thi rticle al o et forth manrlatory 

rrovi ion re pecting the right of emplo ee to organize and bargain collectfrely. It al o ha to do with reclas ·ification of employee tandard for afety and health, the ob en-ance of tate 

law and the posting of complete copie of thi Code o thaf they 

are acces ible to employee . 

ARTICLE VI. E tabli he a Code Authority con i ting of ix voting member , fi,e of "hich shall be selected from the member of 

the Executive Committee of the American Zinc Institute Inc. and 

one of such votino- member shall be elected by the member of Indu try who are not members of the Zinc In titute, Inc. In addition 

to the organization of the Code Authority the power and duties 

are also outlined in this Article. 

ARTICLE VII. l\Iakes provi ion for the ubmi ·ion of report 111 

addition to those required under Section 3 (a) of the Act. 

ARTICLE , III. No provi ion of thi Code relating to term of 

elling hipping or marketing hall apply to export trade or ales 

or hipment for export trade. 

ARTICLE IX. fakes provision for the application of thi Code to 

operations wherein other metal than zinc are produced. 

ARTICLE X .. Make provi ion for modification of thi Code either 

by the Pre ident, in accordance with the provi ion of SubS€ction 

(b) of Section 10 of the Act, or with the con ent of Indu try and 

the approval of the Board, or upon propo al by any intere ted party, 

or by the Code Authority, or directly by or to the Board. 

ARTICLE XI. o provi ion of thi Code hall be appli c1 to promote 

monopolies or monopolistic practices or to eliminate oppre or di - criminate again t mall enterpri e . 

ARTICLE XII. l\'Iakes provision for the termination of thi Code on 

June 16 193 ~ or on the ear lie t date prior thereto on which the 

Pre ident hall, by proclamation or agreement or joint re lution, 

declare that the emergency recognized by Title I of the Act has 

ended. 

ARTICLE XIII. l\Iake provi ion that the Code hall become effective on the econd .1onday after it approval by the Pre ident. 

ARTICLE XI\ . :lakes proYi ion that by the presentation of this 

Code tho e a enting thereto do not consent to any modification 

thereof. 

The Deputy Aclmini trator in hi final report to u on vaicl Code 

ha -ving found as herein et forth and on the basis of all the proceedings in this matter: 

TI' e find that: 

(a) Said Code i "Well de i ned to promote the policie and purpo es of Title I of the National l'.ndu trial Recovery Act, including 

removal of ob tructions to the free flow of inter tate and foreign 
38 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of Industry for the purpo e of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management 

un ler adequate governmental anctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoiding undue re triction 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 tandards of labor, and 

by otherwi e rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employee ; and is not classified by the Board as a major Industry. 

( c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an indu trial association truly repr sentative of the aforesaid Industry, and that said association imposes no inequitable restrictions on admi ·ion to membership therein. 

( d) The Code is not designed to and will not promote monopolies 

or monopolistic practices. 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other step of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Code. 

For the e rea on , therefore, this Code, ubject to the stays of the 

specific provi ions as set forth in the Order of Approval, has been 

approYed. 

For the National Industrial Recovery Board : 

:MARCH 26, 1935. 

"\V. A. H ARRIMAN' 

Aclm,inistrative_ Officer. 
CODE OF FAIR CO !PETITIO FOR THE ZINC INDUSTRY 

ARTICLE I-Punro 'ES 

To effect the policie of Title I of the National Indu trial Recovery Act thi Code is e ta blishecl as a Code of Fair Competition for 

the Zinc Indu try, an l its provision shall be the tandards of fair 

competition :for uch Industry and be binding upon every memb 0 r 

thereof. 

ARTICLE II-DEFINITIONS 

,vherever used in this Code or any upplement appertaining 

thereto, the terms enumerated in this Article II shall have the 

meanings herein defined, unless the context shall othenvise clearly 

indicate. 

SECTION 1. The term "President" means the President of the 

United States of America. 

SECTION 2. The term "Act" means Title I o:f the .r ational Indu - trial Recovery Act. 

SECTIO:N" 3. The term " Board " means the National Industrial 

Recovery Board as created by Executive Order #6859 of Septemb 0 r 

27, 1934. 

SECTION 4. The term" Zinc Industry" or" Industry" as used herein includes the mining of zinc ore, and/ or the concentrating thereof, 

and/ or the concentrating of zinc tailings, the production of zinc 

concentrates, the smelting of zinc ore, and/or zinc concentrate , and/ or secondary zinc-bearing materials, the refining of zinc, and/ or 

secondary zinc-bearing materials, the manufacturing of slab zinc, zinc 

dust, rolled zinc, zinc alloys, zinc oxide, lithopone, zinc sulphide, and 

ulphuric acid, and the original sale of such products by the ·.Member 

of Industry producing or manufacturi11g the same, either directly or 

indirectly through subsidiary, parent, and/or affiliated companies. (a) "Zinc Ore", "Zinc Tailings", and "Zinc Concentrates " 

mean, respectively, ore and tailings and the concentrates thereof con- taining zinc as the principle commercially recoverable constituent 

· by weight. 

(b) "Zinc }tfining" means the mining of Zinc Ore, and/or the 

concentrating of Zinc Ore, and/or Zinc Tailings, and/ or the production by flotation o:f Zinc Concentrates. 

( c) "Prime Western Smelting" means the production of Prime ,v estern, Selected, Brass Special, and intermediate grades of lab 

zinc by any process, excluding the production of plants "TT'hich treat 

secondary materials only. 

( d) " High Grade Zinc " means the production of High Grade 

Zinc by any process, excluding the production of plants which treat 

secondary materials only. 

(39) 
40 

( e) " Secondary Zinc " means the production of slab zinc of all 

grades by plants which treat secondary materials only, and for the 

purpose of this Code includes the production of zinc du t and the 

treatment of zinc ashe . 

(f) "Rolled Zinc" means the production by rolling, of plate, ·heet, strip and ribbon zinc. 

(g) "Zinc Alloy" means an alloy produced by the intentional 

a ldition to zinc of elements other than cadmium, iron, and lead, and 

for the purposes of this Code means such an alloy containing more 

than eighty (80) per cent zinc, produced for sale. 

(h) "Zinc Oxide" me:;tns the production of both lead-free and 

leaded grades of zinc oxide, whether produced from metallic zinc, 

zinc ores, or other zinc compounds. 

( i) " Lithopone " means the production of all grades of lithopone, 

including ordinary lithopone, high strength lithopone, titanated 

lithopone, and calcium base lithopone, and for the purposes of this 

Code includes the production of zinc sulphide. 

(j) "Sulphuric Acid-By-Product" means such sulphuric acid as 

jg produced as a by-product of the roasting and/ or sintering and 

further treatment of zinc ore, in the same plants as those in which 

the roa ting or sintering and further treatment are conducted. "Sulphuric Acid-Brimstone" means such sulphuric acid as is produced 

from brimstone burned to supplement the production of by-product 

acid. 

(k) "Special Intermediate Zinc" means the production, by an~ 

process, of slab zinc containing ninety-nine and seventy-five one 

hundredths per cent (99.75%) metallic zinc or more, and which is 

not within the American Society for Testing :Materials standard 

for High Grade Zinc, excluding the production of plants which treat 

secondary materials only. 

SECTION 5. The term "Member of Industry" includes, but without limitation, any individual, partnership, association, corporation 

or other form of enterprise enrraged in the Industry, either as an 

employer or on his or its own behalf. 

SECTION 6. The term "Em.ployee" mean and includes anyone engaged in the Indu try in any capacity receiving compen ation for 

his ervice , irre pective of the nature or method of paym nt of such 

t:ompen ation, except a :Miember of Indu try. SECTIO... 7. The term "Employer" means and in ludes anyone 

by whom any uch employee is employed or compensated. 

SECTION 8. The term "Apprentice" 1nean an emr loyee who i 

apprenticed to an employer by an indenture under an a1 prenti e_ 

8ystem e tabli heel and 1naintained by uch employer to erve an 

mployer for a term of years at precle.Lermined wag for the peri l 

f the indenture in or lier to learn a tra le, art or craft. 

SECTIO.i: 9. The term 'Executive Committe " m an the Exe nt:v Committee of th American Zinc In titut , Inc., a w York 

membership corporation. 

E TION 10. Th t rm 'Se retary" m an the S retary of the 

... merican Zin In titut , Inc. who al o hall be the S er tar of tl e 

ocle A·dthority. 

E TIO 11. The t rm "Divisi n ' in Incl , re p ctively, the everal part. of th In lu try as follow : 
41 

(1) Zinc lining Divi ion 

(2) Prime 1"\ e tern melting Division 

(3) High Grade Zinc Div' ion 

( 4) Secondar Zinc Division 

( 5) Rolle l Z{n Divi ion 

( 6) Zinc Alloy Di, i, ion 

(7) Zinc Oxi le Dfri ion 

( ) Lithopon Divi ion 

(9) ulphuri cid Divi ion 

(10) pecial I ntermediate Zinc Divi ion 

and uch other an l further Di, i ion a may hereafter be creat cl 

pur uant to the pro, i ion of this Code. ECTION 12. 1 here u ed with reference to the Zinc lining Di iion (Divi ion 1) ' E a -tern Di~tric'- "mean the State of ew -York, 

:N ew J er ey and P enn yl ania · outhern Di trict' rr ean the tate 

of irginia and Tenne e · Ii i ippi "\ alle Di trict mean the 

tate of Wi con in. Illinoi . 1i ~ouri Kan a~, Oklahoma and Arkan a · T orthwe tern Di trict mean the tate of olorado, 

tah, evada . ~Iontana Idaho Wa hington Oregon and alifornia · 

outhwe tern Di trict mean the tate of Xew )I :s:ico an l 

Arizona. 

SECTIO~ 13. Wher u eel with reference to the Prim ,Ye t rn 

Smelting Division (Divi ion 2), an l the Sulphuric id Di,i i n 

(Divi ion 9) Ea tern Di trict mean the State of Penn<) hania 

and We t Viro-inia; Iidwe t€rn Di trict- mean the tate. of Incliana and Illinoi ; "South we tern Di tric ' mean the tate of 

Oklahoma, Arkan a and Te:s:a . 

ARTICLE III-H ens OF LABOR 

ECTION 1. If aximum, H ours.-No emplo ee hall be permitte 1 to 

work in exce of forty (40) hour per week. aYeraged oYer three (3) 

month period ( uch period to be the regular quarterl period of 

each year) or in e:xce of eight ( ) hour in any twenty-four (:24) 

hour period except a herein otherwi e proYided. EY ry em ploy er 

at the end of each quarter hall report to the Code Authoritv, in 

uch detail a may be required by it or by the Board the manner 

in which the a-veraging feature herein prO",ide l has been applied by 

the employer during said quarter; and a ummar ' of uch reporb 

shall be tran mitted by the ode uthority to the Board. in uch 

detail a the Board may pre cribe. The Board may at it li retion, 

appoint an impartial inve tigator to review con lition in the Indu - try concerning the a-veraging pro-vi ion herein. Such in,e tigator 

on completion of hi re,iew hall report to the Boar l and fon,anl 

a cop of such report to the Code Authority. 

(a) The eio-ht ( ) hour provi ion for the ~Iinin(Y Dfri ion in 

each State hall be in accordance T1ith the law of the tat pertain- ing to the eight ( ) hour day for mining operation . Th Board, 

at its discretion ma appoint an impartial in-,e tigator to re,iew 

condition in the ilinino- Dfri ion of the Indu try and per·ifically 

concerning the application of the eight ( ) hour provi ion in on-

:formity with the tate law~· Such in,e tio·ator on completion of hi 

review shall report to the Board and forward a copy of uch report 
42 

to the Code Authority. The Code Authority shall study the application of the eight (8) hour provision in the Mining Division of 

the Indu try relating to its conformity to the State laws, and shall 

report thereon to the Board not later than ninety (90) days from 

the effective date of this Code.1 

SECTION 2. Hours for Clerical ancl Office Employees.-No person 

employed in clerical or office work shall be permitted to work in 

exce s of forty ( 40) hours in any one ( 1) week, except that during 

any one (1) week in a one (1) month period such employee shall be 

permitted to work a maximum of forty-eight ( 48) hours in any such 

week, and except as herein otherwise provided. A normal work day 

shall not exceed eight (8) hours. 

SECTION 3. E xceptions as to H ours.-The limitation as to hours of 

labor as specified in Sections 1 and 2 of this Article III, and Section 

5 of this Article III, as applied to Subparagraphs (a) and (b) of 

thi Section 3 hall not apply to the following: 

(a) To employees engaged in emergency maintenance or emergency repair work, involving breakdown or protection of life or 

property; provided, that in such special cases not less than one and 

one-half (11⁄2 ) times the normal wage rate for any employee so 

employed shall be paid for all hours worked in excess of eight (8) 

hours per day or forty ( 40) hours per week. 

(b) To persons engaged in a managerial, executive, supervisory 

or professional capacity, ( excluding skilled production workers), 

who receive not less than Thirty-five Dollars ($35.00) per week; and 

to outside sales or sales service employees. 

( c) To hoistinen, power-house n1en, pumpmen and truckmen; provided the total working hours of such employ,ees shall not exceed 

forty-eight (48) hours in any one (1) week. 

( d) In the ca e of operations with three (3) shifts in a twentyfour (24) hour period where only in order to chano-e shifts it is 

necessary for employees to work more than eight (8) hours in one (1) 

twenty-four (24) hour period, the provisions concerning working in 

exces of eight (8) hours in any one (1) twenty-four (24) hour 

period, shall not apply. 

( e ) To clerical help working concurrently with employees described in Section 1 of Article III, and Subparagraph ( cl) of this 

Section 3, who may be permitted to work not in exces of the number of hours which such employees shall work. 

(f) To watchmen, who may be permitted to work not in exce s 

of eighty-four (84) hours in any two (2) week period or fifty-six 

( 56) hours in any one ( 1) week period; provided, that no uch employ e shall be pe~mitted to work more than six ( 6) days in any 

seven (7) day period. 

(g) To an employee acting in temporary r lief for a fellow employee in continuous processes; provided? that one a3:1d one-half (11/2.) 

times the normal wage rate shall be paid for all time o worked 111 

exc s of one (1) relief shift in any one (1) week of forty ( 40) 

hours. 

ECTION 4. Employment by everal E111.,ployers.- o employer 

hall knowingly permit any rnr loyee to work for any time which 

1 ee paragraphs 2 (1) and 2 (2) of order approving this ode. 
43 

when totall d with that already performed with anoth r mploycr 

or employer in thi Industry or any other Inclu try or in an T Trade 

exceeds the maximum permitted herein. 

SEcTio 5. Standa1·d TV eek.- o employe shall lJ J rmitt l to 

work more than ix (6) days in any even (7) day p rio<l. 

AnTICLE IV-"\,V AGES 

SECTION 1. JJfinim.um, Wages.-N o emplo 'ee, except as herein otherwi e specified, hall b paid in any pay period le than a,. the folJowing rates in the following Divi ions of the Industry: 

(1) Zinc Mining Division _--------------------------------------------------------- (2) Prime Western Smelting Division _____________________________________________ _ (3) High Grade Zinc Division _________ _______ _____ _____________________________ ___ _ ( 4) Secondary Zinc Di vision ______________________________________________________ _ (5) Rolled Zinc Division _________ ___ _______ _________________ __________________ ____ _ (6) Zinc AlJoy Division _____ _________________________________________________ ___ __ _ (7) Zinc Oxide Division __________________________ _________________________________ _ (8) Li tho pone Division _____________________________________________________ ______ _ 

(9) Sulphuric Acid Division-By-Product_ _______________________________________ _ Sulphuric Acid Division-Brimstone ____ _________ ________ ______________ ______ _ _ (10) Special Intermediate Zinc Division __ __________ _______ ____ _____________________ _ 

Cents per hour 

Above nder 

ground ground 

40 4i1⁄2 

35 ----------

40 ----------

35 ----------

35 ---------- 35 ---------- 40 ----------

40 --------- - 3,5 ----------

40 ----------

35 ----------

Provided, however, as to the iinc Mining Division, the rate . pecified above for it shall be applied to the Northwe tern District, and 

thirty-five cents (35¢) per hour above groun<l, and forty cents ( 40¢) 

per hour above ground in the Ea tern District, and thirty cents (30 ·) 

per hour above around and thirty-five cent (35¢) per hour underground in the Mississippi Valley, Southern and Southwe tern Di ·-

tricts; provided further, as to the Sulphuric Acid Division-Brimstone, the rate specified above for it shall be applied to the Ea tern 

and Midwestern Di tricts, and thirty-five cents (35¢) per hour in 

the South we tern Di trict. The minimum rates _herein provided hall 

be construed as hiring rates applying to common labor. Other clas ·e~ 

of labor shall be compensated at rates above such minimum. J\1inimum wages in effect on July 1, 1933, which were above the minimum. 

specified shall in no case be reduced. 

SECTION 2. Clerical and Office Eniployees.-N o acconn ing, clerical, sales or service employee working on a weekly basis iu any offi0 e 

shall be paid less than at the rate of Fifteen Dollars ($15.00) per 

week; provided, however, that office boy and girl and me enger 

may be paid not le s than at the rate of eighty per cent ( 80%) of 

such minimum, and provided further, that the number of such boy 

and girls and messengers so paid in any office shall constitute not 

more than five per cent ( 5%) of the total number 0£ employ e in 

such office, but each employer shall be entitled to employ at lea t one 

such boy, girl or messenger in any office at not less than such reduced 

rate. 

(a) Laboratory boys may be paid not less than at the rate of 

eighty per cent (80%) of the minimum rate ($15.00) pro ided in 

this Section 2; provided, that the number of such laboratory boys so 
44 

paid by any employer shall not exceed five per cent ( 5% ) of the t ot al 

number of laboratory employees employed by such employer, and 

proYided further, that each employer may employ at least one (1) 

uch laboratory boy at not less than such reduced rate. 

SECTION 3. Piecewo1·k 001npensation- Jfinimum, 1¥ages.-This 

Article IV establishes a minimum rate of pay for any pay period 

1'"'hich shall apply, irrespective of whether an employee is actually 

compensated on a time-rate piecework, or other basis. 

SECTION 4. Fem,ale Employees.-Female employees performing 

substantially the same w_ork as male employees shall receive the same 

rate of pay as male employees, and when they displace male employees, they shall receiye the same rate of pay as the men they displace. The Code Authority shall, within ninety (90) days after the 

effective date of this Code, file with the Board a list of all occupations in the Industry in whjch both men and women are employed. 

SECTION 5. Wages Above the JJJinimum,.- If equitable differentials 

in the wage rates above the minimum have not been made since July 

1, 1933, or were not in force prior thereto and are not still in force, 

there shall then be an equitable adjustment made within thirty (30 ) 

<lays from the effective date of this Code. In no event, however, 

hall hourly r ates of wages be reduced in making such adjustment. 

'\Vithin sixty (60) days after the effective date of this Code, each 

~fember of the Industry shall make a report of such adjustment 

whether made prjor to or subsequent to date of approval of this 

Code, to the Code Authority. 

SECTION 6. I!andicapped Persons.-A person whose earning capacity is limited because of age, physical or mental handicap, or other 

infirmity, may be employed on light work: at a wage below the minimum established by this Code, if the employer obtains from the 

State Authority designated by the United States Department of 

Labor, a certificate authorizing such person's employment at such 

wages and for such hours as shall be stated in the certificate. Such 

Authority shall be guided by the instructions of the United States 

Department of Labor in issuing certificates to such persons. Each 

employer shall file rn.onthly with the Code Authority a list of all 

such persons employed by him, showing the wages paid to, and the 

maximum hours of work for such employees. 

SECTION 7. Paym,ent of 1Vages.-Each employer shall make payment of all wages in la wfnl currency, or by negotiable check therefor payable on demand. These wages shall be exempt from any deducbons other than those expressly authorized by an employee Qr 

r equired by law. Pay periods for wages shall be at no greater 

interYal than every semimonth and salaries at no greater interval 

t.han eYcry month. 

ECTION 8. Apprentices.-Employment of apprentices at rates of 

·ornpensation below the minimnm provided her ein shall be permitted 

,Yher e they are apprenticed to an employer by an indenture uncl"" 

any apprentjce system established and maintained by such employer; 

provided, such indenture agreements are filed with the Code Authority. Employers shall not be allowed to employ apprentices in 

11llmber exceeding five per cent ( 5% ) of the total number of skillccl 

cra:f'tsmen of the1r special class, except that each employer shall be 

ntitlccl to employ at least one (1) such employee. In no case shall 
an apprenti e be paid le ~ e ion 1 of \..rticle I in 

appr ntic . 

45 

than the mmunum wao- pr vid d in 

ate which d not have law goYernmg 

AnTI LE V-GENER.\L LABOR Pnon IO:N' 

E TIO.l 1. Child L abor.-No person under eio-hteen (18) year · f 

a · hall be employed except in clerical, offic , ale , ervice technical 

and engineering department office duties, and no per on un ler i:xt en 

(16) y ar of age hall be employed in any capacity. In any tat 

an mployer hall be deemed to have complied with this provi ion 

as to age if he shall have on file a certificate or permit duly ·i o-n d 

by the authority of such State empowered to i ue employment or age 

certificates or permit howing that the employee is of the r equired 

age. 

E TION 2. Provisions from, the .Act.- Emplo ees hall have the 

right to organize and bargain collectively through representatives of 

their own choosing, and shall be free from the interference, r e traint, 

or coercion of employers of labor, or their agents in the de ignation 

of such representatives or in self-organization or in other con erted 

activities for the purpose of collective bargaining or other mutual 

aid or protection. 

(a) No employee and no one seeking employment shall be required 

as a condition of emplo} ment to join any company union or to re- frain from joining, organizing, or as isting a labor organization of 

his own choosing. (b) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

SECTION 3. Reclassification of Employees.- No employer shall recla sify employees or duties of occupation_s performed, or engage in 

any other ubterfuge for the purpose of defeating the purpo e or 

provi ions of the Act or of this Code. 

SECTIO 4. tandards for Safety and H ealth.-Every employer 

shall provide for the safety and health of employees during the hours 

and at the place of their employment. tandards for afety and 

health shall be submitted by the Code Authority to the Board within 

three (3) months after the eff ctive date of this Code. SE TION 5. State L aics.- o provi ion in thi Code hall upersede any State or Federal law which imposes 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 

insurance, or fire protection than are impo ed by this Code. SECTION 6. Posting.-A ll employers hall po t and keep po ted 

copies of. this Code in conspicuous places accessible to all employee . Every ~fember of Indu try shall comply with all rules and regulations relative to the posting of provi ions of Codes of Fair Competition which may from time to time be pre cribed by the Board. SECTION 7. Dismissal for O omplaint.- o employer hall dismi s 

or demote any employee for making a complaint or giving evidence 

with re pect to an alleged violation of the provi ions of any Code. 

SEcTro 8. 001npany Tovms and St01·es.-Employee other than 

maintenance or supervi ory emplo ee , or tho e nece ary to protect 

property, shall not be required, as a condition of employment, to 
46 

live in hou e rented from or pecified bj the employer. o emplo ee shall be require 1, a a condition of employment , to trade at 

a store owned or pecified by the employer. 

ARTICLE'\ I- ORaAxrzATION. PowER AKD DuTIES OF THE ConE 

THORITY 

ORGA.NIZATION AND CONSTIT TIO:N 

ECTIO~ 1. A Code Authority to admini ter the provision of this 

Code i hereby con tituted and hall con i t of ix (6) voting member . Five (5) of uch Yoting members hall be 0 lected from and by 

the member of the Executive Committee of the American Zinc 

In titute Inc. and one (1) of uch voting members shall b 0 electe l 

by the I ember of Industry who are not member of the American 

· Zinc In titute Inc. The Secretary of the An1erican Zinc In titute, 

Inc.. hall be the Secretar3 and a non-,oting member of the Code 

~ uthority. The election of all members of the Code Authority 

'"hall be b · a fair and equitable method of selection to be approved 

by the Board. In the e,ent that the election of the non-member 

of the American Zinc Institute, Inc. is not mad 0 within thirty (30) 

day after the e:ffecti-ve date of thi Code, uch member may be 

selected by the Board. 

SE TION 2. In addition to the above member hip, there may be 

not more than three (3) member , without vote and without compensation by the Indu try, to be appointed by the Board to erve for 

·uch term a it may pecify. 

SECTIOX 3. Each trade or indu trial a sociation directly or indir ectly participating in the election or activi ies of the Code nthority hall, (1) irnpo e no inequitable r estrictions on member hip 

an l (2) ubmit to the Board true copie of it articles of a ociation 

by-law , rul 0 and regulation and any amendment when made 

thereto together with ..,nch other information a to member hip, 

organization and activitie as the Board may deem nece ary to 

effectuate the purpo e of the Act. 

ECTION 4. In order that the Code Authority hall a a11 time be 

truly repre entative of the Indu try and in other re pect comply 

with the proYision of the Act the Board may pre cribe u h hearing a it may deem proper; and thereafter if it hall find that 

the Code Authority is not trul repre entati-v or doe not in oth r 

r pee comply with the provi ion of the Act, may require an 

appropriate modification in the method of election of the od 

Authorit . 

SECTIOX 5: ... T othing ontained in thi o le hall con ti tut 

member of the ode uthority partn rs for an purp e. or 

hall any member of the Cod uthorit b liable in an mann r to 

anyone for any a t of anv other m mb r o:ffic r agent r mploy 

of the od uthoritv. or hall an member of the o l uthoritj. xerci ino- rea onable diljo-ence in. the con lu t of hi duti h renn 1 r. b lia 1 to anyone for any action r omi ion to a t un 1 r 

thi. · l ex er t for hi o"TT"n wilful malfea ance or n nf a ance. 
47 

POWER AND DUTIES 

SECTIO 6. Subje t to uch rules and regulations a may be is ued 

by the Board and to the xtent permitted by the Act, the Code 

Authority shall have the following further powers and duties: 

(a) To make inve tigation a to the functioning and observance 

of any provi ions of thi Code at its own instance or upon complaint 

of any per on affected, and to report thereon to the Board. 

(b) To insure the execution of the provi ions of thi Code and provide for the compliance of the Industry with the provi ions of the 

Act. 

(c) To adopt by-laws and rules and regulations for its procedure 

and for the administration of this Code. The Code Authority hall 

promptly furnish to the Board true copies of the by-laws, rules and 

regulations adopted pursuant to this paragraph. 

( d) To obtain from Members of Industry, through a confidential 

agency, such statistical information and reports as are required for 

the administration of this Code and to provide for submission by 

Members of Indu try of such statistical information and reports as 

the Board may deem necessary for the purposes recited in Section 

3 (a) of the Act, which information and reports shall be submitted 

by Members of Industry to such governmental agencies as the Board 

may designate; provided, that nothing in this Code shall relieve any 

Member of Industry of any existing obligations to furnish reports 

to any government agency. No individual reports submitted to the 

Board and/ or such government agencies as the Board may designate, 

shall be disclosed to any other l\tiember of Industry or any other 

party except to such government agencies as may be directed by the 

Board. 

( e) To use such trade associations 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 Authority of its duties or re ponsibilities under this Code and that su"h 

trade as ociations and agencie shall at all times be ubject to and 

comply with the provisions hereof. 

(f) To make recommendations to the Board for the coordination 

of the administration of thi Code and such other Code , if any, as 

may be related to or affect Members of Industry. 

(g) To recommend to the Board the creation of additional Divisions of the Industry and to call meetings of any Divi ion of the 

Industry to con ider and recommend to the Code Authority (1) fair 

competitive trade practice provisions to govern members of such 

Division in their relation to each other or with other Divisions 

of the ~ndustry and (2) control of production through voluntary 

agreern.ent or otherwi e; and to recommend to the Board such 

mea ures as have been considered covering such practices and control of production including stabilization of employment and conservation of natural resources, such recommendations to be subj ect 

to approval of the Board after such notice and hearing as it may 

prescribe. 

(h) To engage the services of a certified, regi 'tered, chartered or 

other lawful practitioner of public accounting to inspect the books 

and records of any :Member of Industry who is alleged to have vio-
48 

lated thi Code. In case such an inspection is ordered, such Member 

of Indu try shall open hi books and record to inspection by such 

certified, regi. tered, chartered or other lawful practitioner of public 

accounting as to all matters which may be pertinent to the allegation, 

11pon the expre s condition that such in pection be made only by 

-uch certified, regi tered, charter,ed or other lawful practitioner of 

public accounting. 

( i) In ca e such in pection indicate a violation of thi Code 

has not been committed the certified, registered, chartered or other 

lawful practitioner of public accounting ·hall report that fact to 

the Co le Authority without further details. 

(j) In case such in pection indicate a Yiolation of thi Code 

ha been committed the certi.fied, regi tered, chartered or other 

lawful practitioner of public accounting shall make a full report 

of uch , iolation only to the Code Authority and to the Board. 

SECTION 7. It being found neces ary in order to support the adm.ini tration of thi Code and to maintain the standards of fair competition establi heel hereunder and to effectuate the policy of the 

Act, the Code Authority is authorized : 

(a) To incur such reasonable obligation a are nece ary and 

proper for the foregoing purpo es, and to m et- such obligations 

out of funds which may be rai eel a hereinafter proYide :l and which 

shall be held in tru t for the purpo es of thi Code. 

(b) To submit to the Board for i approval, ubject to uch 

notice and opportunity to be heard as it may deem nece ary, (1) 

an itemized budget of its e timated expen e for the foregoing purpo e , and (2) an equitable basi upon which the fund nece ary 

to support such budget shall be contributed b} :Member of Indu try. 

(c) After uch budget and ba i of contribution have been approved by the Board, to detRrmine and obtain equitable contribution 

as above set forth by all Iembers of Industry, and to that end, if 

nece ar , to in titute legal proceeding therefor in it own name. 

SECTION 8. Each fember of Industr} hall pay hi or it equitable 

contribution to the expen e of the maintenance of the Cod Authority, determined a hereinabove provided and subject to rules and 

regulation pertaining thereto i ued b} the Board. Only :Members 

of In lu try complying with the Code and ontributing to the expen e of it admini tration as hereinabove provided ( unle duly 

('Xemptecl from making uch contribution ) hall be entitled to 

participate in the election of members of the o le Authority or to 

rec iYe the benefit of any of it voluntary actiYities or to mak use 

f any mblem or in ignia of the ational Re oYery .... dmini t-rr.tion. 

ECTIO:N" 9. The ode uthority hull neither incur nor I ay any 

blio·ation ub tantially in exc of the amount th r of a ~ timatecl 

in it. approved buclcr t and hall in no eYent x eer:1 th total amount 

ontainecl in the ar prayed budo- t exc pt upon appr Yal of th 

B arcl an :l n ub equent bu lo·et hall ntain an. l ficienc3 item 

for xpenclitur in e:sce of pri r bu l · t , tima te excep th 

which th Boar 1 hall have o appr ycc_l. 

SE TIO 10. If th Boar 1 ·hall c1 t rmin that any a tion f th 

ode Authority or an agen y th r of ma. be unfair or 11nju.· or 

contrary to th publi inter t th B anl may 1· uir that ~nch 
49 

action be su pend d to afford an pportunity for inve. tiaation of 

the merit of u h action and further ·on ideration b n h ode 

uthori . or aa-ency pen lin final a tion which hall not b 0 ffpcfr1; 

unl the Board approve or nnle it hall fail to disappr v aft r 

thirty (30) day n tice to it of intention to pro ed with u h a tion 

in it original or modified form. 

ARTI LE VII-REPORT 

SECTION 1. In addition to uch other report a may be r quire l 

:from time to time under the provi ions of Sec -ion 6, Sub ection ( l) 

of rticle I, f mbers of Indu try hall furni h the following r -

port to the Secretary for compilation and rei uance in uch manner 

as not to di close eparately ·any confidential information fnrni hed 

by any Iember of Indu try. 

(a) For the Zinc ~fining Division, monthly reports coverina production, hip1nent , and ..,tocks of zinc ore and/or concentrates at 

mines and/ or concentrating mills. 

(b) For members of the Prime We tern Smelting Divi ion engaged in the production or ale of Prime We tern Selected, Bra 

Special, and/ or Intermediate grades of slab zinc other than Special 

Intermediate zinc, except fembers of Industry who e entire production of such grades of slab zinc is con urned in their own 

departm nts or by sub icliary, parent or affiliated concern . and no 

part o:f which is sold on the market as slab zinc or any of uch 

grades. 

( c) fonthly report howing total production from any ource, 

of lab zinc of Prime Western, Sel cted Bra s Special, and/ or Intermediate grades other than Special Intermediate zinc, ·hipment to 

buyer , and tock of lab zinc of such grade wherever located, including stock at smelters regardle s of owner~hip. 

( d) :1\Ionthly reports hawing receipt con umption and tock of 

zinc ore and concentrates and other zinc-bearing material for 

..._melting purpo e regardle s of owner hip including material in 

tran it to plants. 

( e) Weekly reports of ales and prices of lab zinc of Prime 

We tern. Selected Bra Spe ial and/ or Interme liate grade other 

than pecial Intermediate zinc, including al and/ or tran. fer to 

affiliated rolling mills or other plants for con umption and ale of 

zinc in slab form by such affiliated planL. 

SE TION 2. Any failure to file with the Code Authority or the 

Secretary any report, schedule, contr:::.ct, or other information required pur uant to the provisions of thi Code, or the filing knowjnc;ly of any false information, hall be deemed unfair competition 

and hall con titute a violation 0£ this Code. 

ARTICLE VIII-EXPORT TRADE 

To pron 10n of this Code relating to price or terms of selling, 

shippino- or marketing, shall apply to export trade or ales or. shipments for export trade. ' Export Trade " hall be a defined 1n the 

Export Trade Act adopted April 10 1918. 
50 

ARn LE IX-APPLICATION oF CoDE To OPERATION ,vHEREIN OTHER 

METALS .ARE PRODUCED 

SECTIO 1. If any :Member of Industry is also a member of any 

other I ndu try, provisions of this Code shall appy only to that portion of its busines which is a part of the Zinc Industry. SECTION 2. , v here there is any question as to whether zinc i the 

major production from the operation which do or which might 

produce zinc, lead, copper, gold, ilver or other materials, then in 

any and every such event the question as to which Code of Fair 

Competition hall govern such operation of any such Member of 

Industry hall be referred to a Coordination Com1nittee. Thi Coordination Committee hall be compo ed of two members to be appointed by each of the Code Authorities for such Indu tries as may 

b involved in each particular question. In the event such Committee is unable to reach a majority con"lusion, then either the 

Committee shall elect an additional impartial member or upon their 

failure so to aoTee on such additional impartial member, the Board 

then may appoint uch additional impartial committee member. 

Any .Member of Industry, the operations of which may raise such a 

question, hall file a statement of fact with the Code Authority for 

its Indu try, and such tatem nt shall contain a statement of its 

preference a · to the Code it would prefer to have such operations 

be governe l by, and such preference shall be granted unle s such Coordination Committee hall find that the granting thereof would be 

unfair in view of the right of others or that it would have a ten 1-

ency contrar3 to the effectuation of the policies of the Act; provided, tha .. the operations of any :Member in the same State ancl/or 

locality producing an 1/or milling, or melting, or refining, or treating zin -bearing material , and materials b aring co1 per, lead, 

an 1/ r other mineral product , except coal, shall be governed by the 

provisions relating to hour , ,,age and labor conditions contained 

in the Code for the Industry covering the major portion of uch operations, which major portion hall be the branch of the operations 

engaging the larger number of employee . Any action taken by the 

Coordination Committee under any of the provi ion of thi Article 

IX ·hall be ubject to the approval of the Board. 

SECTION 3. ,vithin ten (10) davs after the effective date of this 

Code, any :Member of Industry may file uch a statement of fa t 

an l preferen e a to b ino- governed by any of such other Code 

Yd1ich may at that time be in eff ct. Thereafter, upon any uch 

other Code becominO' effe tiv , such statement may then be :filed; proYi 1 1, however, that until any uch statement is filed and cleci ion is 

ma le thcr on by uch Coordination ommitt e, such peration of 

su h :Memb r of thi In lu. try hall b governed by the provi ·ions 

of thi Coc1 . E 'TION 4. From time to tim" thereaft r if conditions chan°·e 

J\fombers of thi Inc.ln. try ,·hall b entitle(1 t file u h tat ment . of 

fact an l pr fercnce a · to hang of a portion of th ir op ration 

from th juris licti n f one Code to the jnri, li tion of another, 

and in :11 h event th y shall b hanc11 d in th ame munn r n 

provi le l f r aboYe. 
51 

SECTION 5. The foregoing Section 1 to 4 inclu ive :f thi Article 

IX, shall not be effective until Code of Fair ompetition :for the 

Copper and Lead Indu trie , containing an Article sub tantially 

the same a this Article have been approved and are in eff ct, and 

certified copies of such approved odes have been filed with the Code 

Authority :for this Industry. 

ARTICLE X-MODIFICATIO 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provision of 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 this Act. 

SECTION 2. An amendment may be proposed by any interested 

party either to the Code Authority or directly by or to the Board. 

All propo ed amendments shall be referred to the Code Authority, 

who shall give Members of Industry an opportunity to be heard 

thereon, and thereafter the Code Authority may make such recommendations thereon as are deemed proper; provided, however, that 

when approved by the Board as necessary to effectuate the policies 

of the Act, after such notice and hearing as it may pre cribe, any 

proposed amendment shall thereupon become effective as a part of 

this Code. 

ARTICLE XI-MONOPOLIES 

No provision of this Code shall be so applied as to promote monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XII-TERl\HN ATION 

This Code and all supplementary provisions thereto shall expire 

on June 16, 1935, or on the earliest date prior thereto on which the 

President shall by proclamation, or the Congress shall by joint 

resolution, declare that the emergency recognized by Title I of the 

Act has ended. · 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective the second Monday after its 

approval by the President. 

ARTICLE XIV-CONSENT TO MODIFICATION 

By presenting this Code, those assenting hereto do not thereby 

consent to any modification thereof. 

Approved Code No. 555. 

Registry No. 1224-1-01. 

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