Approved Code No. 442 Registry No. 1217-8-01 

NATIONAL RECOVERY AD1"1INISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

LEAD INDUSTRY 

AS APPROVED ON MAY 24, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

FOIi sale by the Supe rintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

V 
This puhlication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT Of' COMMERCE 

Atlanta, Ca.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. · San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 442 Registry :No. 1217-8-01 

ERRATA SHEET 

CODE OF FAIR COidPETITION 

FOR THE 

LEAD INDUSTRY 

As Approved on May 24, 1934 

P age 3,..,.6, Article XIII, Monopolies " should read "Article XII, 

Modification ." 

71314°-829-6-34 (1) 

0 . S. GOVERNMENT ~RINTING OFFICE : 19 3 • 
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Approved Code No. 442 

CODE OF FAIR COMPETITION 

FOR THE 

LEAD INDUSTRY 

As Approved on May 24, 1934 

ORDER 

CoDE OF FAIR Co:uPETITION FOR THE LEAD 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 Lead 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, 

I , Hugh S. Johnson, Administrator for Industrial Recovery, pursuant 

to authority vested in me by Executive Orders of the President, 

including Executive Order No. 6543-A, dated December 30, 1933, and 

otherwise; do hereby incorporate by reference said annexed report 

and do find that said Code complies in all respects with the pertinent 

provisions and will promote the policy and purposes of said Title 

of said Act; and do hereby order that said Code of Fair Competition 

be and it is hereby approved. 

Approval recommended: 

K. M. SIMPSON' 

HUGH S. JOHNSON, 

A<Jminutrator for I ndi1,Strial Recovery. 

Divwion Adminu;trator. 

"\VASHINGTON, D.C., 

May 24, 1934. 

62288°-544-140-34 (355) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: The original Code of Fair Competition for the Lead Industry 

was submitted on August 3rd 1933, by the Lead Industries Association, an unincorporated membership society organized in 1928 representing 90% of the lrnown members of the Industry in volume of 

production. Sever·a1 revisions of the Code were m.ade prior to the 

public hearing held on December 22nd, 1933. The Code was revised 

during the recess of this hearing and submitted in its final form for 

approval. Every person who requested an appearance was properly heard in accordance with statutory and regulatory requirements. 

The Lead Industries includes the developm.ent, mining, concentrating, smelting, and refining of lead-bearing ores, and the utilizatioh of the products. By far the largest product of the refining 

process is pig lead, normally about 97% of total mine production. A 

small amount of pigments are made direct from ore. 

The major products of the lead industries are pig lead, antimonial 

pig lead, lead pigments, manufactured metallic lead products, and 

manufactured metallic foil products. 

The lead code covers the Lead Industries in every phase enumerated above except storage battery plates and lead covered cable. The 

storage battery plate business came in with the addition of starters 

for automobiles but has become a revolving supply, as was prophesied at its inception, the use of new lead for battery plates per year 

not representing over 10% of the lead used at present for that purpose. The quantity of lead covered cable used is dependent on the 

status of telBphone and electric companies. 

Lead pigments, used in the paint and varnish business, are made 

from ores, pig lead, and scrap~ but chiefly from pig lead. Lead 

pigments are sold in a highly competitive field with zinc pigments, 

titanium oxide paint, and stainless alloy steels. Foil has to meet the 

competition of cellophane. 

Undesilvered soft pig lead containing relatively high copper is 

extremely resistant to corrosion by acids and is known to the trade 

as chemical lead; it is used chiefly in the manufacture of cable, pipe 

and sheets. 

Lead mining and smelting is mainly located in the states west of 

the Mississippi River and, with the exception o:f the district in southeast Missouri, is closely associated with the mining of other metals. 

Consequently, code provisions for lead, zinc, and copper, will often 

be closely inter-relatBd. 

All the lead industries includ d in the Code have suffered greatly 

during the depression, particularly the mining industry, which has 

witnessed a drop in the price of pig lead in the United States, carrying it in 1932 to a lower level thn.n has been ob erv d for at least 

fifty years, namely, 2.65¢ per pound, New York. 

(356) 
357 

From 1929 to 1932 the contribution of the United States to the 

total world output of primary refined leacl decrcas d from 36% to 

22 . As the nited States i a small net importer of lead, the 

actual and relatiYe lecline was primarily clue to a decrea e in 

d mestic con umption. 

Lead i~ a comparatiY ly low-priced metal whose major uses are 

for pigments cable coyer , storage batteri s, builclino-, ammunition 

and various alloy . Its principal competitor i zinc particularly in 

the pigment industri . About 20% of total normal consumption _ 

is de troyed in use; the remainder represents possible ultimate recovery and r e-use. The recove,ry of econclary lead is an important 

factor in demand for new lead. The r apid development of the 

storage battery demand for lead served to stimulate mine capacity 

and new production, but more recently the annual recovery 0£ lead, 

so used, has reduced the demand for new lead for this purpose to 

a relatively small fact.or. 

Total consumption of lead in 1933 was only about 40% of the 

1929 demand. In spite of a rapid decline in mine production, stocks 

have been built up until they may be considered excessive in view 

of the present low rate of consumption. 

The number employed in the lead indu tries is about 50% of the 

total for 1929 or a decrease of some 14,000. The amount of work 

for those actually employed ha decreased, due to the spreading of 

available work. Increased emplo?ment is dependent on improvem nt in the construction, automobile and electrical industries. 

The production of refined primary lea l in the United States declined from 637,000 metric tons in 1929 to 251,000 tons in 1932, or 

from 36% of the world production to 22 o/c . The decline in production for the rest of the world in the same period was from 1.149,000 

metric ton to 906.000 tons. The corresponding percentage of world 

total showed an increase from 64% to 78%. In other "ords, the 

maior decline in world output occurred in the United State . Since the United States has no net export of lead but is a comparatively mall net importer, the real cause of the decline in 

United States' production is due primarily to a decline in domestic 

consumption. 

Under the tariff pr vi ion of 1922, still in force, a duty of 11⁄2 ¢ 

per pound of lead content was placed on imported ores, 21/8¢ per 

pound on lead buHion, 23⁄4 ¢ per pound on lead sheets, and duties 

ranging from 21⁄2¢ to 3¢ per pound on lead pigments. 

The t ariff prot0 cts the lead industry of the United States from 

heavy imports from fexico and Canada. Because of competition 

within the United tate the price differential at Tew York over 

London exce€ds the tariff on ores but doe not reach the tariff on 

lea l bullion lead sheets and lead pigments. 

From a standpoint of labor at refinerie the decrea e in exports is 

likewi e reflected in the decrease of imported ores ~.nd base bullion, 

meaning less r efinery capacity used. The nited States formerly 

imported much lead in various forms, principally in ore and base 

bullion, and continues to import small quantities. Some of it entered 

for immediate consumption; most of it, however, is entered for 

warehou e, is smelted and refin ed in bond, and is then reexported 

as refined pig lead or in manufactured products. 
358 

The e relatively large former exports have. been captured by 

Australia and Canada by the imposition of a 10% tariff on nonBriti h lead imported into Great Britain. United States' exports 

of 1 ad have dropped from 116,260 tons of pigs, bars, and secondary 

in 19 8 to 22,500 tons in 1933. 

The quantity of lead in all forms consumed by domestic industry, 

as estin1ated by the American Bureau of ]\fetal Statistics, was 

5.J:8,000 hort tons in 1919, had reached 901,000 tons in 1926, was 

972.000 tons in 1929 and steadily declined to 400,000 tons in 1932. 

The three principal uses of lead in the United tates are cable 

covering, torage batteries, and white lead. In 1929, according to 

the American Bureau of Metal Stati tics, these three outlets used: 

cable covering, 206,000 tons; storage batteries, 210 000 tons; white 

lead 119,700 tons; total of the three, 535,700 tons of a total of 

930 000 ton used for all purposes; in 1932, cable coverings used 

were 55,000 tons; storage batteries, 138 000 tons; white lead, 54,500 

tons; total of the three, 247,500 tons of a total of 400,000 tons used 

for all purposes. Revival of the market for lead-covered cable 

cannot be expected until there is a renewed expansion in the use 

of the telephone and electric industri0 s. 

Large stocks of lead have been accumulated during the depression 

and now amount to more than a year's suppl at present rate of 

consumption. These unsold accumulations are tangible evidence of 

the strenuous efforts and great financial sacrifices mining and smelting companies ha,e made to keep their employees at work. 

J\1ining companies have keenly realized their responsibilities in 

sharing work among their employees and relieving su:ff ering in the 

mining camps, especially where mines are the only source of employment. The lead mines never cut wages to the extent justified 

by the extraordinary low price obtained for lead in 1932 and 1933 

and after the enactment of the N.I.R.A., spread work still further, 

making wage increases which they hoped would be justified by the 

d velopment of th 0 Administration's Recovery program. 

The mining industry as a result of a distressed lead market, is 

working approximately 46% of i 1929 rate of production ... nd 

there i no pro pect of any increase in this rate unless the price of 

lead should advance. · 

In 1929 the member mining companies in the Lead Indu tries 

A oci:ition employed 8,450 persons. In 1933, despite the low rate 

of production, they were engaging 5,500 emptoyees, a number which 

was increa ed to ,650 after the P.R.A. program wa put into effect. As reportBd b. 1 the American Bureau of :Oietal Sta ti tics, and 

quoted by the U.S. Bureau of :Mine stock of refined lead and 

antimonial lead have risen steadily from 51,050 short tons at the 

end of 1929 to 103,000 tons at the end of 1930 to 152 000 tons at 

th end of 1931 to 176,000 tons at the end of 1932, and to 203,000 

ton at the end of 1933. These stock. ( four times as much at the 

end of 1933 a at the end of 1929) represent at lea t a ix-months' 

supply on the ba is of the best figures obtainable of the con umption of lead for the year 1932; and have accumulated de~pite a 

procrres iYe decrea e in mine production of recoverable 1 ad fr m 

mine from 64 000 ton in 1929 to 5-gpoo in 1930 · to 40 ,000 tons 

in 1931 · to 293 000 tons in 1932; and to 274,000 tons in 1933. 
359 

The total employment in the Lead Industries coming under this 

Code, was approximately 28,000 in 1929. About three-fourths of 

the total are employed in the closely associated mining and smelting 

operations. 

Division Total em- ployed Wage 

earners 

Mining and milling_____ ____________________________________________________ 15,004 14,007 

Smelting and Refining (I>rimary)________ ______________________________ ______ 6,690 4,819 Fabricating________________________________________________________ _________ 6, 873 ___ __________ _ >-----

Total_____________________________________________________ ___________ _ 27,567 _____________ _ 

The general level of operations in the Indu try, judged by production and consumption data, fell in 1933 to about 40% of the rate in 

1929. Labor requirements probably declined in about the same 

proportion but the actual number employed at the end of 1933 was 

about 50% of the number in 1929 (according to the results of a survey, made by the Lead Industries' Association), which covered from 

85% to 90% of the Industry. 

The Code, as written, follows the latest standard code provisions. 

It contains no open price clause for Pig Lead and ~1etallic Lead 

products and no provisions relating to cost of production in relation 

to selling price. No definite control of production or stabilization 

of the industry is set u_p, although provision is made in Article VI, 

Section 6, Paragraph G, that such proposals may be recommended, 

after voluntary agreement, to the Administrator. 

A basic maximum 8 hour day and 40 hour week is provided, with 

such standard exceptions as are con1mon to other codes or as may 

be essential to the peculiar character of the mineral industries. 

These exceptions are generally further safeguarded by the provision 

of time and one-half for overtime. Fundamentally, the code week 

of 5 eight-hour days represents a change from a standard week of 

7 eight-hour days in 1929. Considering the present restricted output 

of the industry and the effort to spread employment by staggering 

such work as is available, little imn1ediate increase in employment 

will result. However, with any substantial gain in production, there. 

should be a material increase in total employment. 

Notwithstanding the depressed condition of the industry, even to 

the point of having the price of lead drop to an all time low for a 

50 year period of 2.65¢ per pound, F.0.B. New York, the industry 

has made a sincere effort to spread employment. This sincere desire 

is evidenced by their past performance as indicative not only of their 

sincerity in drafting their code but also the further high standard 

they will maintain in adhering to the provisions and functioning of 

their code. 

ARTICLE I. Purposes.-States the purpose of the Code. ARTICLE II. Definitions.-Accurately defines specific terms applicable to the Lead Tndustry. 

ARTICLE III. Hours.-The maximum hours are limited to forty 

hours per week for employees engaged in the processing of products 

and labor incident thereto. Watchmen may be permitted to work 

56 hours in any one week period1 provided that such emplyees shall 

have at least one day's rest in each seven day period. Office, salaried 
360 

and other employees not covered above who receive less than $35.00 

per w0 ek shall not be permitted to work in excess of an average of 

forty hours per week during any one month, nor more than 48 ho1.1rs 

in any on_e week. E~1plo~ees engaged in an executive, managerial 

er supervisory capacity wno receive $35.00 per week, or more, are 

not ubject to any hourly limitations. The maxin1um hours shall not 

apply in cases of emergencies or repairs where safety of life • or 

health or protection of property necessitates longer hours. 

ARTICLE IV. Wages.-In the Mining Division the minimum rate 

f or totally unskilled or common labor shall not be less than 40¢ 

per hour above ground or 471⁄2¢ per hour underground. The minimum wages for employees engaged in the proces ing of products or 

any labor incident thereto shall be 35¢ per hour for the Lead Smelting and Refining Division, 40¢ for the Lead Pigments Division, and 

35 for the l\1etallic Lead Products and :Metallic Lead Foil Products 

Di vi ion, provided that as to the Smelting and Refining Di vision 

in the Southern District the minimum hourly rate shall be 30¢ per 

hour. The r..unimum rates for the s Yeral di visions named are in 

accord with those established in appro,ed cod of related industries. 

The minimum rates provided for hereinabove shall be construed as 

the hiring rates applying to totally unskilled or common labor both 

above and below ground in the mining divisions, and totally unkilled or common labor in the other divi ions of the Industry. 

The e tabli ~hed minimum rate of pay for the work performed in 

any pay period shall apply irrespective of whether an employee is 

actually cornpensatBd on a time rate, piece rate, or other ba is. Provi ion i also made for the employing of handicapped persons. No 

per on 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 and 

me~ engers may be paid at a rate not less than 80% of the minimum 

paid office employees. 

ARTICLE V. General L abor Provisions.- Provides that no person 

under 1 years of age shall be em ployed except in clerical, office, 

sales, service, technical and engineering departments, and no person 

under 16 years of age hall be employed in any capacity. 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 ernplo ·ees, 

standard::i for safety and health, the observance of state laws and 

the posting of complete copies of this Code so that they are accessible 

to emplo ec . ARTICLE YI. Administration.- Establishes a Code Authority consi ting of the members of the Executive Committee of the Lead Indu trie ssociation, the Secretary of said s ociation, and such division chairmen who have r espectively been elected to uch office by 

uch divisio1r in an equitable manner, approved by the ~tlministrator, so as to be truly representative of uch diYisions re pectively, 

and who are not mem.bers of the Executive mmitte ; in addition 

to member hip a above provided there may bv one to thr e members, 

without vote and without compensation by the I ndu try to be appointed by the Admini trntor to erve for u h terms from the elate 

of app intment as he may specify. On the cffocti e date of this 

ode the voting members of the Code Authority shall con i t of 
361 

eleven members but uch number i ubj ct to variation due to the 

contents of the foregoing pro-vi ion. 

ARTICLE VII. Sets forth the Trade Practice Rules for the Lead 

Pio-ment DiYision an l al o set forth open price schedul s which 

are effectiYe imme liatel after filing. 

RTICLE YIII. S t forth the Trade Practice Rules f r the :Metallic 

Lead Products Di, i ion. 

ARTICLE IX. Set for h the Trade Practice Rules for the Metallic 

Foil Product Dfrision. 

Ann LE X. No provision of thi. Code rel a ting to price or terms 

of selling hipping or marketing, hall apply to export trade or 

sales or shipments for export trade, or tran actions in the foreign 

commerce of the nited State . ARTICLE XI. Set forth the application of this Code to operations 

with other Code "herein other metals are produced. 

ARTICLE XII. Makes pro-,ision for modifications of this Code. 

ARTICLE XIII. o pro-vi ion of this Code shall be so applied as 

to promote monopolies or monopoli tic practice , or to eliminate, 

oppress, or di criminate again t small enterpri es. 

ARTI LE XIV. Co,er the effective date. 

There are also appended to this Code and made a part thereof 

conditions for sale of lead oxides in lots less than t"enty tons and 

lots of at least t"ITenty tons~ and also conditions of sale for basic lead 

carbonate ( dry white leadJ. 

The Deputy Admini trator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said ode is "ell de igned to promote the policies and purposes of Title I of the ational Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

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

by induci..-rig and maintaining united action of labor and mana 0 ement under adequate governmental sanctions and supervision, by 

eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present prorluctive capacity of Industries, 

b3 avoiding undue restriction of production ( except as may be temporaril required), by increa ing the con umption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitating Industry. 

(b) Said Industry normally emplo3 s not more than 50 000 employees· and is not cla sified by me as a major Indu try. 

( c) The Code as appro,ecl complies in all re pects with the pertinent provi ions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7, and 

Sub ection (b I of Section 10 thereof; and that the applicant As ociation is an Industrial A sociation truly repre entatiYe of the aforesaid Indu try; and that said A sociation impo es no inequitable 

re tricf on , on ad mis ion to membership therein. 

62288°-544-140-34-2 
362 

( 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 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, 

~lAY 24, 1934. 

I--IuaH S. JOHNSON, 

Ad1ninistrator. 
CODE OF FAIR co:MPETITION FOR THE LEAD 

INDUSTRY 

ARTICLE I-Puru>OSES 

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 Lead Industry and its provisions shall be the standards of 

fair competition for such Industry and are binding upon every 

member thereof. 

ARTICLE II-DEFINITIONS 

Wherever used in this Code, or any supplement appertaining 

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

herein defined unless the context shall othe:nvise clearly indicate. 

SECTION 1. The terms "President", "Act", and "Administrator" 

mean respectively the President of the United States, Title I of the 

National Industrial Recovery Act, approved by the President June 

16, 1933, and any amendments thereto, and the Administrator for 

Industrial Recovery. 

SECTION 2. The term "Member of Industry" includes all those engaged in the Industry either as an employer or on his or its own 

behalf. 

SECTION 3. The term "Employee ' means and includes anyone 

engaged in the Industry in any capacity receiving compensation for 

his services, irrespective of the nature or method of payment of such 

compensation, except a member of the Industry. 

SECTION 4. The term " Employer " means and includes anyone by 

whom any such employee is compensated or employed. 

SECTION 5. The term "Apprentice" as used herein means ~n 

individual ( usually a minor), bound by indenture, executed in compliance with the laws of the state where the service provided for 

therein is to be performed, to serve an employer for a term of years 

at a predetermined wage, for the period of the indenture in order to 

learn a trade, art or craft. 

SECTION 6. The term "Industry" as used herein includes the 

mining of lead ore and/or the concentrating thereof, the smelting 

of lead ore, and/ or lead concentrates, and/or lead bearing scrap, the 

refining of lead and/ or lead bearing scrap, and/ or drosses, the 

manufacturing of pig lead, antimonia1 pig lead, lead pigment , 

metallic antimony, metallic lead products, allied products defined 

hereinafter as "metallic lead products" and/ or "metallic foil products ", and the original sale of such products by the member of 

Industry producing or manufacturing the same either directly or 

indirectly through subsidiary and/ or affiliated companies. 

(a) " Lead Ore and Lead Concentrates " as used herein is defined 

to mean ore and the concentrates thereof, containing lead h.S the 

principal commercially recoverable constituent. 

(b) "Lead Mining" as used herein is defined to mean the mining 

and concentrating of lead ore and any further beneficiatio:-1 thereto 

prior to the shjpment to the melter. -

(3G3) 
364 

( c ) " Lead Smelting and Refining " as used herein is defined to 

mean metallurgical and/ or chemical treatment of lead ore, lead concentrates, lead bearing crap, and/ or drosses, and/ or any other lead 

bearin~ material into " Pig Lead", and/ or "Antimonial Pig Lead." 

(d) 'Antirn.onial Pig Lead ".-Inasmuch as antimony is a common constituent of most lead ores and a by-product of Lead 11ining 

and $melting and Refining-metallic antimony and antimonial alloy 

products ( antimonial pig lead) shall be included within the provisions of this Code. 

( e) " Lead Pigments " as used herein is defined to mean basic 

carbonate white lead ( dry or in oil), basic lead sulphate ( dry or in 

oil), litharge, r ed lead ( dry or in oil), orange mineral or any other 

lead oxides, with or without metallic lead content. 

(f) ":Metallic Lead Products " as used herein is defined to mean 

extruded, rolled, cast or otherwise fabricated lead or lead alloy 

products ( except storage battery plates and lead covered cable), 

produced by lVlembers of Industry and kindred products of metallic 

tin and tin alloy, or other met al or metal alloy products, which are 

produced by the same M-embers of Industry on the same type of 

n1achinery and under similar labor and fabricating conditions. 

(a) ":Metallic Foil Products" as u ed herein is defined to mean 

lead and/ or tin, and/ or zinc, or their alloys, or combinations thereof, 

rolled to a thi kness of .006 of an inch or less, whether attached 

or affixed to other materials or not. 

SECTION 7. The term "Division" as used herein includes respectiYely the several parts of the Indu try as enumerated below: 

1. Lead ~lining Division 

2. Lead Smelting and Refining Division 

3. Lead Pigments Division 

4. Nietallic Lead Products Division 

-5. J\1etallic Foil Products Division 

and such other and further divisions as may hereafter be created 

pursuant to the provisions of this Code. 

SECTION 8. The term "Association" as used herein includes the 

"Lead Industries Association", an unincorporated membership 

society organized under the laws of the State of New York and 

having its princi1 al offi ce at 420 Lexington Avenue, New York 

City, and such other trade associations as may hereafter partici~ate 

in the activities under this Code or in the selection of the Code 

Authority. 

SECTION 9. The term" Executive Committee" as used herein shall 

mean the Executive Committee of the Lead Industries Association. 

SECTION 10. The term "Secretary" as used herein shall mean 

the Secretary of the Lead Industries Association, who also shall be 

the Secretary o:f the Code Authority. 

SE TION 11. The term " Southern District " as used herein shall 

include the States of Texas, J\1ississippi, Alabama, Louisiana and 

Florida. 

ARTICLE III-HOURS OF LABOR 

JHAXIMU1.\I H OURS 

SECTION 1. No employee shall be permitted to work in any division of the Industry in excess of forty (40) hours per week, or in 
365 

excess of eight (8) hours in any twent -four (24) h our perio l e~ cept 

as herein o herwise provided. A normal work da y ~hall n t exceed 

eight ( 8) hours. 

The interpretation of the eight ( ) hour proYi ion for the l\1ining 

Division in each state shall be in accordance with any la,, of uch 

state pertaining to the eight ( ) hour da:r on mining- oper ation . 

The Code Authority shall study the operation of the eight (8) 

hour provision for the .. fining Division and not later than ninety 

(90) days from the effective date shall report fully to the Administrator the results of such study. The Admini trator ma at his 

discretion, appoint an impartial inve tigator who ~hall review the 

conditions in the fining Division of the Indu try concerning the 

operation of the eight ( ) hour provi ion and shall report thereon 

to the Admini trator not later than ninety (90) day from the effective date and forward a copy of such report to the Code Authority. 

HO-CRS FOR CLERICAL .AND OFFICE El\IPLOYEE 

SECTION 2. No person employed in clerical or office work shall be 

permitted to work in excess 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. A normal work day shall 

not exceed eight ( 8) hours. 

EXCEPTIONS .AS TO HO"CRS 

SECTION 3. The limitation as to hours of labor as pecified in 

Sections 1, 2 and 4 of this Article Ill shall 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 le than one and 

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

employed shall be paid for all hour worked in exces of forty ( 40) 

hours in any one ( 1) week. 

(b) Nor in the case of the Mining Division shall it apply to hoist 

men, power house men, or pump men pro, ided the total working 

hours of such employees shall not exceed forty-eight ( 4 ) hour in 

any one (1) week. • 

( c) Nor to employees receiving not le s than Thirty-Five (35) 

Dollars per week in a managerial executive or upervi or capacity, 

or to technical staffs· nor to out ide sales or service employee . 

( d) Watchmen may be permitted to work fifty-six ( 56 ) hours in 

any one (1) week period provided that such employees hall have 

at least one (1) days re tin each even (7) day period. 

( e) There ma be a tolerance of 10% additional hour over the 

forty ( 40) hours in any one (1) week for emplo,.,ee engaged in the 

preparation. cure and maintenance of machinery and production facilifies, stock and shipping clerk and truckmen eno-aged in out ide 

delivery and pick-up service· provided. however that at lea -t one 

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

employed shall be paid for all hours worked in exce of forty ( 40) 

hours in any one (1) week, or eight (8) hours in any one (1) day. 
866 

( f) The limitation ?-s to maximum hours of work shall not apply 

to very special cases where restriction of hours of labor of skilled 

workers in continuous processes would unavoidably reduce or interrupt production because of demands irJ1erent and peculiar within 

the process itself provided, however, that such employees in such 

special cases shall not work more than forty-eight ( 48) hours in any 

one week, and provided that in such special cases at least one and 

one-half times the normal wage rate shall be paid to any employee 

so employed for hours worked above :forty (40) hours per week, or 

eight (8) hour-s per day. Such special cases, however, shall bo 

reported to the Code Authority. The limitation of hours does not 

apply where one employee is acting in temporary relief for a fellow 

em;ployee in continuous processes. . (g) During any period in which a concentrated demand upon any 

division of the Industry, except mining, shall place an unusual and 

temporary burden for production work upon its facilities or to meet 

seasonal peak requirements or emergencies, an employee of any such 

division may be permitted to work not more than forty-eight ( 48) 

hours per week in not more than six ( 6) weeks in six ( G) months or 

any calendar year, provided that not less than one and one-half 

times the normal wage rate shall be paid to any employee so employed for hours worked above forty ( 40) hours per week or eight 

(8) hours per day. All such overtime worked shall be reported to 

the Code Authority. 

STANDARD WEEK 

SECTION 4. No employee shall be permitted to work more than six 

(6) days in any seven (7) day period. 

EMPLOYMENT BY SEVERAL EMPLOYERS 

SECTION 5. No employer shall lmowingly permit any employee to 

work for any time which, when totalled with that already performed 

with another employer or employers in this Industry, exceeds the 

maximum permitted herein. 

ARTICLE IV-WAGES 

MINIMU!il 

SEC'TION 1. The minimum wage for each division of this Industry 

shall be as follows: 

1. Lead mining division __ ____ __ ____________ _______________ _____________________ _ 

~· L ead SI?el ting an.d .r~finlng division ___ ------------------------- ________ ____ _ _ ~. Lead pigments d1v1s1on ________ __________ ______ ____ _________________________ _ _ 

4. Metallic lead products_d i vhon ________ ----------------------------------- ___ _ 6. M etallic foil products d ivision ____________ _______ ___ _________________________ _ 

Cents per botu 

Surface Underground 

40¢ 47Ht 

35 ------------ 40 ------------ 35 ------------ 35 ------------
367 

provided that, as to the Smelting and Refining Division, in the 

Southern District, the minimum hourly rate shall be thirty (30) 

cents per hour. Minimum wages in all divisions of the Industry in 

effect on July 1st, 1933, which were above the minimum specified, 

shall in no case be reduced. 

The minimum rates provided for hereinabove shall be considered 

as the lowest hiring rates applying to totally unskilled labor or 

common labor above ground in the Mining Division and totally 

unskilled labor or common labor in the other di visions of the Ind ustry. In the Mining Division, the minimum hiring rate for underground common labor shall be not less than forty-seven and one-half 

(471⁄2) ·cents per hour. Other classes of labor shall be compensated 

at rates above such minimums. 

CLERICAL AND OFFICE EMPLOYEES 

SECTION 2. No accounting, clerical, office, sales, or service employees shall be paid less than Fifteen ( 15) Dollars per week of 

forty ( 40) hours; provided, however, that office boys and girls and 

messengers may be paid a.t a rate not less than 80% of such minimum, and provided further that the number of such boys and girls 

and messengers so paid shall constitute not more than 5% of the 

total number of such employe,es of any one (1) office of any one 

(1) employer, but in any case each employer shall be entitled to 

at least one (1) such employee. Part time employees shall be 

paid an hourly rate which shall not be less than the pro rata amount 

of the wages specified hereinabove. 

PIECEWORK COMPENSATION-MINil\CTJM WAGES 

SECTION 3. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time rate, piecework, or other basis. 

FEM.ALE EMPLOYEES 

SECTION 4. Female employees performing substantially the same 

work as male employees shall receive the same rate of pay as male 

employees, and, when they displace male employees they shall receive 

the same rate of pay as the men they displace. 

WAGES ABOVE THE MINIMUM 

SECTION 5. Equitable adjustments in all pay schedules of employees above the minimum fixed in this Code shall be made within 

thirty (30) days after the effective date of this Code by any employer 

who has not heretofore made such adjustments under the National 

Industrial Recovery Act. In no event however, shall hourly rates 

be reduced. Within sixty (60) days aiter the effective date of this 

Code, each member of the Industry shall make a report of such adjustments whether made prior to or subsequent to the date of 

approval of this Code to the Code Authority. 
368 

HANDICA:::>PED PERSONS 

SECTION" 6. A person whose earning capacity is limited because of 

age ph ic~l or mental handicap, or other 1nfirmity, may be empl. yed on _light work at a wag~ b low the minimU1n established by 

th Code 1f the ei:riployer obtains from the State Authority, designa d _bf the n1ted States Department of Labor, a certificate 

authonzrnO' uch persons employment at such wages and for such 

hour as shall be stated in the certificate. Such authority shall be 

guided b the instructions of the- nited States Department of Labor 

in i uing certificates to such persons. Each employer shall file 

1nonthly with the Code Authority a list of all uch persons employed 

by him showing the wages paid to, and the maximum hours of work 

for uch employee. 

SECTION 7. Employment of apprentices at rates of compensation 

below the minimum provided herein. shall be permitted where they 

are apprenticed to an employer by an indenture made pursuant to 

the laws of the fate in which such service is to be performed, under 

any apprentice system established and maintained by such employer, 

provided such indenture agrooments are filed with the Code Authority. Employers shall not be allowed to have apprentices exceeding 

5 % of the total number of skilled craft men of their special class, 

except that each employer shall be entitled to employ at least one 

such employee. In no ease shall an apprentice be paid less than the 

minimum wage provided in Section 1 of Article IV in states which 

do not haYe laws governing apprentices. 

PAYMENT OF WAGES 

SECTION 8. An employer shall make payment of all wages in lawful currency, or by negotiable check therefor payable on demand. 

These wages shall be exempt from any payments for pensions, in- surance or sick benefits other than those voluntarily paid by the 

wage earners or required by the State Laws. Pay periods for wages 

shall be at least semi-monthly and for salaries at least once per 

month. Employers shall not withhold ages except as otherwise 

pro. id d for by law. 

ARTICLE V - GENERAL LABOR PROVI IONS 

CHILD LABOR 

SECTION 1. On and after the effective date of this Code, no peron under 18 years of age shall be emplo ed in the Lead Industry 

xcept in clerical, office, sales service, technical and engineerin& 

departmen~ , and no person under 16 ears of ag hall be emplo ed 

in any capacity. In any state, an mploy r shall be d emed to have 

complied with this provi ion a to a~e f employee if he shall havt1 

on file a certificate or permit duly io·ned by the uthority in .. ucl:: 

state empow red to i sue employm nt or acre certifica s or permit~ 

showing that the employee is of the r quir d age. 
369 

PROVI8IONS FROM THE ACT 

SECTION 2. (a) Employe s hull have the right to oraani.ze and 

baro-ain collecfrvely through representatives of their own choosing, 

and hall be fre from the interf renc , r straint, or coercion of 

employers of labor, or their ao-ents, in the designation of such representative or in self-organization or in other conce1·ted activities 

for the purpose of collective bargaining or other mutual aid or 

protection. 

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

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing, and 

( c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay and other conditions of employment approved 

or prescrib~d by the President. 

RECLASSIFICATION OF EMPLOYEES 

SECTION 3. No employer shall reclassify employees or duties of 

occupations performed or engage in any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of this 

Code. 

STANDARDS FOR SAFETY AND HEALTH 

SECTION 4. Every employer shall make rea onable provision :for the 

safety and health of his employees at the place and during the hours 

of their employment. Standards of safety and health f or each division of the Industry shall bB submitted to the Administrator by 

the Code Authority within six (6) months after approval of this 

Code. 

STATE LAWS 

SECTION 5. No provision in this Code shall supersede any State or 

Federal Law which imposes on employers more stringent requirements as to age of employees, wages, hours of work1 or as to safety, 

health, sanitary or general working conditions, or rnsurance or fire 

protection, than are imposed by this Code. 

POSTING 

SECTION 6. All employers shall post and keep posted complete 

copies of this Code and all amendments thereto in conspicuous places 

accessible to employees. 

COMPANY TOWN AND STORES 

SECTION 7. Employees other than maintenance or supervisory men, 

or those necessary to protect property, shall not be required as a 

condition of employment, to live in homes rented from the employer. 

No employee shall be required as a condition of employment, to trade 

at a store owned or specified by an employer. 
370 

DISMISSAL FOR C0l\IPLAINT 

SECTION 8. No employee shall oo dismissed by reason of making 

a complaint or giving evidence with respect to a violation of a Code. 

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE 

AUTHORITY 

ORGANIZATION AND CONSTITUTION 

SECTION 1. A Code Authority is hereby constituted and shall consist of the members of the Executive Committee of the Lead Industries Association, the Secretary of said Association, and such division 

chairmen who have respectively been elected to such office by such 

divisions in an equitable manner, approved by the Administrator 

so as to be truly representative of ~ch divisi?ns respective!}'., and 

who are not members of the Executive Committee. In add1t10n to 

membership as above provided there may be one to three members, 

without vote and without compensation by the Industry, to be appointed by the Administrator to serve for such terms from the date 

of appointnient as he may specify. On the effective date of this 

Code the voting members of the Code Authority shall consist of 

eleven members but such number is subject to variation due to the 

contents of the foregoing provision. It is contemplated that supplementary codes of fair competition not inconsistent with this bas1c 

Code will be adopted for each division of the Industry. When and 

if such supplementary codes are submitted and approved they shall 

contain provisions for a Divisional Code Authority selected in an 

equitable manner so as to oo truly representative of such division of 

the Industry subject to the approval of the Administrator, to adminjster the provisions of this basic Code which relates to such division, 

and the provisions of such supplementary Code, and in addition this 

basic Code Authority may delegate such of its powers and duties as 

it deems necessary to such division Code Authority of such supplementary Code, provided, however, that any interested party shall 

have a right of appeal from any act or decision of such divisional 

Code Authority to the Code Authority of this basic Code. 

SECTION 2. Each trade or industrial association directly or indi- rectly participating in the selection or activities of the Code Authority shall, (1), impose no inequitable restrictions on membership and, 

(2), submit to the Administrator true copies of its Articles of Association, By-Laws, Regulations and any amendments when made 

thereto, together with such other information as to member hip, 

organization and activities as the Administrator may deem ncce~sary 

to cff ectuate the purposes of the Act. 

SECTION 3. 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 any basic Code Authority or divisional Code Authority is 

not truly representative or does not in other respects comply with 

the provisions of the Act, may require an appropriate modification 

in the method 0£ selection 0£ such Code Authority. 
371 . 

SECTION 4. :1.ember of the Industry shall be entitled to particip ate in and share the benefits of the activities of the Code Authority 

and to participate in the selection of the members thereof by assentin()" to and complyinO" with the requirements of this Code and sus- t:iining their rea onable share of the expenses of its administration. Such reasonable hare of the e:s:pen es of administration shall be 

determined by the Code Authority, subject to review and approval 

by the m· nistrator on the basis of volume of busines and/or 

such ether factors as may be deemed equitable. 

SECTION 5. othing contained in this Code shall constitute the 

member of the Code Authority partners for any purpose. Nor 

shall any member f the Code uthorit. be liable in any manner 

to anyone for any act of any other member, officer agent or employea 

of he Code Authority. Nor shall any member of the Code Authority exercisinf$ rea onable diligence in the conduct of his duties hereunder, be lianle to anyone for any action or omission to act under 

this Code, except for his own wilful misfea ance or nonfeasance. 

POWERS A~D DU'ITES 

SECTION 6. Subject to such rules and regulations as may be issued 

by the Administrator, the Code A uthori y shall have the :following 

further powers and duties, the exercise of which shall be reported 

to the Administrator and shall be subject to his right, on review, to 

disapprove, after uch hearing as he may prescribe, any action taken 

by the Code Authority. If the dministrator shall determine at 

any time that any action of the Code Authority or uny agency thereof 

is unfair or unjust or contrary to the public interest the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further 

consideration by such Code Authority or agency pending final action 

which shall not be effective unless .L he Administrator approves or 

unless he shall fail to disapprove after thirty days' notice to him 

of intention to proceed with such action in its original or modified 

form. 

(: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~ subject to such rules and regulations as the Administrator 

may pre cribe, and receive complaints of violations of this Code and 

disputes arising thereunder except as otherwise hereinafter provided 

for in subsection (h) of this section, make investig-ations thereof 

ut their own instance provide hearings thereon, adJust such complaints and make such decisions as are necessary thereon and to 

interpret the provisions of the Code and to bring violations of this 

Code to the attention of the Administrator for prosecution, recommendation and other action. 

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

and for the admini tration and enforcement of the Code. The Code 

Authority shall promptly furnish to the Administrator true copies 

of the by-laws, rules and regulations adopted pursuant to this 

paragraph. 

(c) To obtai.n :from members of the Industry, through a confidential agency, such stati tical information and report as are required for the admini tration of the Code and to provide for sub- . 
372 

mission by members of the I nclu try of such st atistical information 

and reports as the Administrator may deem necessary foi· the purposeS r ecited in Section 3 (a) of the Act, which information and 

reports shall be submitted by members of the I ndustry to such. 

Federal and/ or State agencies as the Administrator may designate; 

provided that nothing in this Code shall relieve any member of the 

I ndu try of any existing obligations to furnish reports to anv government agency. No individual reports submitted to the Ach~11nistrator 

and/ or such government agencies as the Administrator may design ate, shall be disclosed to any other member of the Industry or any 

other party except to such government agencies as may be directed 

by the Administrator. 

(d) To use such tra~e 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 responsibilities under this Code and that such 

trade associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other Codes, 

if any, as may be r elated to the Industry. 

(f) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the Industry who 

have assented to, and are complying with, this Code. 

(g) To call meetings of any division of the Lead Industry to consider control of production through voluntary agreement, and to 

r ecommend to the Administrator such measures as have been voluntarily agreed upon covering f air trade practices, industrial planning 

and production control, including stabilization of employment and 

conserva6 on of natural resources. (h) '\Vi thin ninety days after the effective date of this Code, the 

Code Authority shall submit to the Administrator for his approval 

a plan for the establishment of a National Industrial Relations 

Board for the Industry, consisting of an equal number of representatives of employers and employee . Provision shall be made in 

such plan for division of the country into districts and the creation 

of regional industrial relations boards to comprise an . equal number 

of representatives of employers and employees truly representative 

of such districts. The creation and functioning of these boards, including the selection of r epresentatives of employees, shall be in 

accordance with Section 7 of the Act. Provision shall also be made 

for the appointment of an impartial person on each board, national 

and reo·ional to vote onl where such boar d is unable to render a 

majority deci ion. This plan shall. pr ovide that the regional boards 

shall Lave the authority to hea r and adjudicate all compl aints and 

di pute ari ing- out of Articl III, I V and V of the Code and the 

National I ndu trial Relations Board shall pass on all appeal from 

the reo-ional board olely on the ba is of the record as certified by 

th 0 R gional Boa,rd to the National I nd n trial Relations Board. 

B fore any uch plan i appr oved, it hall be submitted to the Labor 

Advi ry Board of the National Recovery Administration for their 

on ·id ration and recommendation . The Admini trator shall have 

the right, after such notice and hearing as he may specify, to review, 
373 

disapprove or modify such plan and the plan shall become effective 

as a part of this Code when and as approved by him. 

ARTICLE VII-TRADE PRACTICE RULES FOR LEAD PrnME.J. TS Drv:r ION 

SECTION 1. The following described acts shall be deemed unfair 

competition for Division 3 (Lead Pigments), and hall constitute a 

violation of this Code: 

(a) Th1isbranding or misrepresentation of lead pigments. 

(b) No member of the Industry shall give, permit to be given, or 

directly offer to give, anything of value for the purpose of influencing 

or rewarding the action of any employee, agent, or representative of 

another in relation to he 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. This commercial 

bribery provision shall not be construed to prohibit :free and general 

distribution of articles commonly used for advertising, except so far 

as such articles are aotually used for commercial bribery as hereinabove defined. 

( c) Inducing or in any manner attempting to induce a breach, 

default or cancellation of a contract between a competitor and his 

customer during the term of such contract. 

( d) Guaranteeing for a definite time the life and/or service of lead 

pigments. 

- 'e) ~faking false and derogatory statements with re pect to the 

prices, policies, products, practices, business or credit of any competitor. 

( f) No merchandi~e hall be sold at a concession, or used as an 

inducement, to influence the sale of any lead products, nor shall any 

conce ion be given in the price or terms of sale of a lead product to 

influence the sale of any other merchandise. 

SECTION 2. Each member of the Industry engaged in the manufacture and sale of lead pigments shall file with the Secretary within 

ten (10) days after the effective date of this Code, a list of the prices 

at which his products will be sold and a memorandum of any of his 

conditions of sale at variance with those set :forth in Schedule "A" 

attached hereto and which is made a part hereof. Any change in 

prices or conditions of sale shall be reported to the Secretary in such 

manner a to reach his office within twenty-four (24) hours after the 

effective date of such change. Any member making a sale or quotation which does not conform to the basis he then has on file, shall 

notify the Secretary in detail by letter mailed within twenty-four 

(24) hours. The information supplied the Secretary shall be reissued immediately to the reporting members. 

SECTION 3. Each member of the Lead Pigments Industry, as defined in Article II, shall submit promptly to the Secretary the 

following periodic reports for compilation and reissuance in such 

manner as may be determined by the Division: 

(a) iionthly reports of total production. 

(b) Stocks on hand of finished merchandise at the beginning of 

each month. 

( c) :Monthly reports of total shipments. 
374 

AuTicLE VIII-TRADE PRACTICE RuLEs FoR METALLIC LEAD PRoouors 

DIVISION 

Section 1. The following described a,cts shall be deemed unfair 

competition for Division 4 (:.Metallic Lead Products), a.nd shall constitute a violation of this Code: 

(a) No member of the Industry shall give, permit to be given, or 

directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent or representative 

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. This commercial bribery provision 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 de.fined. 

(b) Making allowance for sales promotion and a.dvertising in 

excess of actual amount expended, or making excessive expenditures 

on behalf of or for the benefit of a customer. 

( c) Misbranding or misrepresenting the percentage or quality of 

various metals in any producfa. 

(d) No member of the Division shall secretly offer or rnnke any 

payment or allowance of a rebate, refund, commission, credit, unearned discount or excess allowance, whether in the form of money 

or otherwise. 

( e) Accepting orders guaranteed against a decline in price. 

( f) Making false and derogatory statements with respect to competitors' prices, policies, products, practices, business or credit. 

(g) Giving any other product at a concession in price or giving it 

away free, in order to influence the sale of any lead product. 

(h) Changing prices after the award of a contract and specifically, 

but without limitation, canceling any undelivered portion of a contract for the purpose of effectuating a new contract with the buyer 

when the purpose of such cancelation is to create an unfair price 

advantage for a Niember of Industry. 

(i) Contracting for unspecified quantities at a fixed price or giving options at fixed prices for unspecified quantities. 

(j) Inducing or in any manner attempting to induce a breach, 

default or cancellation of a contract, between a competitor and his 

customer, during the term of such contract. 

(k) Taking back obsolete material or material damaged not by 

the vendor's fault at any value other than its value as secondary 

material. 

SECTION 2. The following unfair trade practices apply to the Typt 

Metal Business only: . (a) Attaching drum tags to competitor ' dross drums without 

receiving authority to do ~o from the prospect or customer. 

(b) Failing to return competitors' drums to their owner within a 

period not exceeding thirty days from time of their receipt. 
375 

ARTICLE IX-TRADE PRAOTIGE RUI..ES FOR 1hrrALLIO FoIL PnonuCTs 

DrnsroN 

EC'TION 1. The following de cribed acts shall be deemed unfair 

competition for Division 5 (Metallic Foil Products) and shall constitute a violation of this ode: 

(a) No member of the Division shall publish untruthful adverti ing nor shall any member in any way misrepresent any goods or 

credit terms. 

(b) o member of the Division shall knowingly withhold from or 

insert in any quotation or invoice any statement that makes it inaccurate in any particular. 

( c) o member of the divi ion shall secretly offer or made any 

payment or allowance of a r ebate, refund, commission, credit, unearned discount or excess allowance, whether in the form of money 

or otherwise. 

ARTICLE X-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 shipments for export trade, or tran actions in the foreign conunerce of 

the United States. 

ARTICLE XI-APPLICATION OF ConE TO 0PERATIO~s "v\THEREIN OTHER 

METALS ARE PRODUCED 

SECTION 1. If any member of the Industry is also a member of any 

other Industry, provisions of this Code shall apply only to that 

portion of its business which is a part of the Lead Industry. 

SECTION 2. Where there i. any question as to whether lead is the 

ma.jor production from the operations"\ hich do or which might produce lead, zinc, copper gold silver or other material , then in any 

and every such e, ent the que tion as to which Code of Fair Competition shall govern such operations of any such member of this Industry, shall be referred to a Coordination Committee. This Coordination Committee shall be composed of two members to be appointed by each of the ode uthorities for such industries as may 

be inYolved in each particular question. In the event ~uch Comn1ittee is unable to reach a majority conclusion then either the Committee shall elect an additional impn.rtial member or upon their failure 

so to agree on such additional impartial member, the .A.runinistrator 

then may appoint uch additional impartial committee member. Any 

member of the Industry the operations of which may raise such a 

question shall file a statement of fact with the Code _uthority for 

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

preference as to the Code it would prefer to have such operations be 

governed by, and such preference shall be granted unless such Coordination Committee shall find that the granting thereof would be 

unfair in view of the rights of others or that it would have a tendency contrary to the e:ff ectua tion of the policies of the Act. Any 

action taken by the Coordination Committee shall be referred to the 

Administrator and shall be ubject to his disapproval. 
376 

SECTION 3. Within ten (10) days after the effective date of this 

Code any member of this Industry may file such a statement of fact 

and preference as to being go,erned by any of such other Codes 

which may at that time be in effect. Thereafter upon any such 

other Code becoming effective, such statement may then be filed; 

provided, howe,er that until any such statement is filed and decision 

1s made thereon by such Coordination Committee, such operation of 

such member of this Indu try hall be governed by the provisions 

of this Cod . 

ECTio_ 4. Fr m time to time thereafter if conditions change 

members of this Indu try shall be entitled to file such statements of 

fact and preference a to change of a portion of their operations 

from the jurisdiction of one Code to the jurisdiction of another, and 

in uch event they hall be handled in the same manner as provided for above. _ 

ECTION 5. The foregoing Sections 1 to 4 inclusive of this Article 

XI shall not be effective until Codes of Fair Competition for the 

copper and zinc indu trie containing an Article substantially the 

same a this Article XI ha,e been approved, and are in effect, and 

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

Authority for this Industry. 

ARTICLE XIII-MONOPOLIES 

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

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

provisions 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 ued under said Act and specifically, but without limitation, 

to the right of the President to cancel or modify his a.pproval of this 

Code or an conditions imposed by him upon his approval hereof. 

SECTION 2. Such of the provisions of this Code as are not required 

to be included therein by the Act may, with the approval of the 

Admini trator, be amended as provided in Section 3 hereof, in such 

manner as may be indicated by the needs of the public by changes 

in circumstances or by experience; all the provi ions o:£ this Code, 

unless so modified or eliminated, shall remain in effect until the 

expiration of Title I of the Act. 

SECTION 3. An amendi11ent to this Code or an Codes supplemental 

thereto affecting or pertaining to the everal divi ion of the Lead 

Indu try ma be propo ed by an intere ted part either to the 

di, i ional Code Authority the Ba ic Code Authoritv or directl. by 

or to the dministrator. All such propo ed amendment shall be 

referr d to th 0 division affected or interested and then hall be ubmitted by aid divi. ion to the Ba ic Code Authorit who shall give 

1'1embers o:£ the Indu try an opportunity to be heard thereon, and 

thereafter the Code Authorit ma make such recommendations 

thereon as are deemed proper; provided how Yer that when approved b_ the dmjni trator as nece ary to effectuate the policies 

of the Act, after uch n tice and hearina as he may pre crib 0 any 

propo cl amendment hall tber upon become effective a a part of 

thj C de. 
377 

AR·rrcLE XIII-1\1:o :roroLrns 

No prov1s10n of this Code shall be so applied as to promote 

monopoli s or monopoli tic practices, or to eliminate, oppress, or 

discriminate again t small enterprises. 

ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective beginning the second 1\1:ondaY, 

after its approval by the Administrator . 

. Approved Code No .. 442. 

Registry No. 1217-8-01 . 

• 
SCHEDULE A 

A..RTIOLE I-CONDITIONS Fon SALE OF LEAD OXIDES IN LOTS OF LESS THAN TWENTY 

TONS 

A " Sale " or " Order " as nsed herein includes any transaction whereby 

a Member of the Industry makes a quotation on, or becomes obligated to sell 

and deli Yer material. 

B. Whate,1 er terminology may be used, the intent and meaning thereof shall 

conform to the following requirements of sale: 

(1) Material.-Dry Oxides of Lead, or mixtures consisting principally 

thereof, each grade of material to be specifically designated. 

(2) Q-iiant-itu.-Any amount as agreed between Buyer and Seller. 

(3) Packages.-As agreed between Buyer and Seller. Special packages required by Buyer shall be charged for according to cost. 

(4) Pr-ice.-(a) Seller's card or quoted price in effect on date order is 

received with allowance as follows: 

(1) Not more than one-half cent (1⁄2¢) per pound for minimum shipment of five (5) tons for one buyer at one time to one destination. 

(b) Emergency shipments of smaller quantities may be made at the 5-ton 

price on ly to a customer for whom the Seller has a 5-ton order on hand for the 

same mat rial for immediate shipment, or fixe (5) tons en route to the same 

destination. 

( c) No protection against decline in Seller's p1ice may be given. 

( d) Red Lead containing ninety-seven per cent (97%) or ninety-eight per 

cent (98%) Pb.O4 shall be so marked on the package and shall be sold at not 

less than one-quarter cent ( 1⁄4¢) and one-half cent ( 1⁄2¢) per pound, respectively, 

ov r Seller's price for grades of lower Pb-,O4 content. 

(5) D eliv cry.-F.0.B. cars Seller's ship.ping point, or by truck F.O.B. Buyer's 

premises. 

(6) 'Transportation Allowance.-(n) Since transportation is included in the 

Seller's price, the actual freight paid by Buyer shall be allowed as deduction. 

No cartage allowance sha ll be made to Buyer for use of bis own truck. 

(b) If shipment is made by Buyer's boat, Seller may allow actual amount 

he would bave paid for like transportation at minimum published ta1iffs in 

effect on date of shipment. 

(7) Shipmen.t.-Sball be made at least within thirty (30) days from date 

order is received. 

(8) Ter,ns.-Net thirty (30) days, less one per cent (1%) for cash in ten 

(10) days from date of shipment. • 

(9) Taxes.-Any tax or other charge imposed by Federal Law upon tbe 

production and/or sale and/or sbipment of Lead Oxides shall be added to 

the price to be paid by the Buyer on any transaction to which such charge is 

applicable. 

ARncLE n-CoNnr'IrnNs Fon. SALE oF LEAD oxrnEs 1N LoTs oF AT LEA T TwENTY 

TONS 

A. " Sale" or " Order" as used herein refers to any transaction whereby a 

Seller quotes on or becomes obligated to deliver material. 

B. Whatever terminology may be used, the intent and meaning thereof shall 

conform to the following requirements of sale: 

(1) .Material.-Dry Oxides of Lead, or mixtures consisting principally 

th -r of, each grade of material to be specifically de ignated. 

(2) Qucunt'ity.-As agre d between Buyer and S Iler; provided, that each 

order or release shall be an amount not less than twenty (20) tons to one 

de tination and for account of not more than one Buyer. 

(3) Period.-As specified. 

(378) 
379 

( 4) Pad:nge . . - As agreed etween Buyer and Seller. Special packages required by Buyer . Lall be char ed for according to co t. 

( 5) Price.-( a) hall be determined by adding a differential, as agreed upon 

by Buyer and eller. to the price of· common Lead at · w York, the Lead price 

applying t each order to be specified by the Buyer at the time order is place , 

as: 

(1) The American meltin"' & Refining Company' quotation at the close 

of the market on tbe day the order is received by Seller 

or 

(2) The merican Smelting & Refining Company's quotation at the close 

of the market on a future date definitely agreed upon by Buyer and Seller 

when order is accepted 

or 

(3) The average quotation, as report d in one of the publications known 

as the .American Metal farket and the EngiJ1eering & Mlning Journal, for a 

future period definitely agreed upon by Buyer and Seller when the order is 

accepted. If the Lead price is determined by the method herein outlined, 

eller must r quire Buyer to pecify before the beginning of the governing 

period the exact quantity of material t be priced in this manner. Deferred 

hipments shall be billed on the basi originally applicable thereto. Additi nal qu::rntitie required du ring the governing period ball be con ·idered 

as new or der and sball be priced in accordance with (1) or (2) above. (b) Emergency uhipmen t of smaller quantitie may be made on the twenty 

( 20) ton price ba is only to a customer fo r whom the Seller has a twenty (20) 

t on order on hand for the ame material for immediate shipment, or twenty 

(20) ton en rout , to the same destination. (c) o protection against decline in Seller's price may be given. 

( d) Red Lead containing ninety-seven er cent (97%) or ninety-eight per cent 

(98%) Pb.:04 shall be o marked on the package and shall be old at no t le s 

than on -quarter cent ( 1⁄4c) and one-half cent ( 1⁄2¢) per pound, re pectively, 

over ·eller' · price for grade of lower Pb3 4 coutent. (6) Deli-r:ery.- (a) F.O.B. cars Seller's hipping point 

or 

(b By truck complete within three (3) days, F .0.B. Buyer'. premises. (7 ) Transportation .d.llowance.- (a) Since transportation is included in the 

Seller' price, the actua l freight paid by Buyer hall be allowed as a deduction. 

·o cartage allowance ball be made to Buyer for u e of hi own truck. (b) If hipment i made by Buyer's boat, Seller may allow actual amount he 

would have paid for lil.;:e tran portation at minimum publi hed tariffs in effect 

on date of . hipment. 

( ) 'hipinent.- 'hall be macle at lea ._ t within sixty (GO) days from, 

(a) The uate on \Ybi -·h the price of pig lead governs the ale, 

or 

( b) The ueginning of the period c1 m•ing which the average pr ice of Pig Lead 

gover!l the ~aL. (9 T~1·111,; .-Xet thirty (30) days. 

(10) Ta.re . . - Any tax or other charge imposed by Federal Law upon the 

prouuction a!ld/or ale anrl/or ._hipment of Lead Oxide hall be added to the 

price to be paid by the Buyer on any tran action to which such charge is 

applicable. 

ARTICLE III -CONDITIOXS FOR SALE OF BASIC LEAD ARBON.ATE D;::y WHITE 

LEAD) 

A. ",ale" or "Order " aeo used herein include. any tran action whereby a 

Iember of the Indu try makes a quotation on or becomes obligated to ell and 

deliver material. 

B . Whate,·er terminolo~ may be u~ecl. the intent and meaning thereof shall 

confo rm to tbe followino- r equiremen of ale: 

(1) Quantity.-Any amount as agreed between Buyer and Seller. 
380 

( 2) Perioil.-As desired, to be specified.

(3) Packages.-As agreed between Buyer and Seller.

(4) Prioo--(a) Spot Sales.-Seller's card or quoted price in effect on date

order is received. 

(b) Contra.ct Sales.-1. Seller's price on date contract is ma.de with protection against advance or decline on the undeliYered portion to the end of the 

current calendar quarter. 

2. On contracts extenuing beyond the current calendar quarter, the price

applying to subsequent deliveries shall be seller's price in effect on the first 

clay of the calendar quarter in which they are made, with protection against 

advance or uecline on the undelivered portion to the end of each quarter. 

(c) The price for minimum twenty (20) ton lots for one Buyer to one destination, shipped by rail in one carload, or delivered by truck within a period 

of three (3) days, shall be not more than one-quarter cent (1⁄4¢) per pound 

less than that charged for smaller quantities. 

(d) Emergency shipments of smaller quantities may be made at the twenty

(20) ton price only to those customers for whom the Seller has a twenty (2J>)

ton order on hand for the same mate1ial for immediate shipment, or a carload

(twenty (20) tons) en route, to the i-nme destination.

( 5) Delivery.-F.O.B. cars Seiler's shipping point, or by truck F.O.B. 

Buyer's premises. 

(6) Transportation Allowance.-Since transportation is included in the Sell1 

er's price, the actual freight paid by Buyer shall be allowed as deduction. 

No cartage allowance shall be maue to Buyer for use of his own truck. 

(7) Shipment-(a) Spot Sales.-Within thirty (30) days from date order

ls received. 

(b) Contract Sales.-Within the period covered by the contract.

(8) Terms.-Net thirty (30) days, less one per cent (1%) for cash in ten

(10) days from date of shipment.

(9) Ta:ces.-Any tax or other charge imposed by Federal Law upon the production and/or sale and/or shipment of white lead shall be added to the price 

to be paid by the Buyer on any transaction to which such charge is applicable. 

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UNIVERSITY OF FLORIDA 

3 1262 08582 8621 

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