Registry No. 1218-08

NATIONAL RECOVERY ADMINISTRATION

PROPOSED CODE OF FAIR COMPETITION

FOR THE

MOLYBDENUM MINING

INDUSTRY

AS SUBMITTED ON AUGUST 29, 1933

WE DO OUR PART

The Code for the Molybdenum Mining Industry

in its present form merely reflects the proposal of the above-mentioned

industry, and none of the provisions contained therein are

to be regarded as having received the approval of

the National Recovery Administration

as applying to this industry

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1933

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

i2C11 with funding from~

Univers~i-y of Fida, George A. Smathers Librarie with support rom LYRASIS and the rhoan Foundation

http://www~arnhive~org/dietaiLs/propcsed ;odecdffa9090unih
CODE OF FAIR COMPETITION OF THE MOLYBDENUM

MINING INDUSTRY

ARTICLE I-PURPOSE OF THE CODE

SECTION 1. The Code is adopted pursuant to the requirements of

the National Industrial Recovery Act and particularly in response

to Bulletin No. 2 of the National Recovery Administration dated

June 19, 1933.

SEC. 2. The purpose of the Code is to effectuate the policy of

Title I of the National Industrial Recovery Act insofar as it is

applicable to the Industry.

SEC. 3. The Industry submits that it stands wholeheartedfly,

actively, and agggressively for the National Industrial Recovery Act,

and for the administration thereof to a successful conchlin wnd

to this end tenders its every facility to the National Recovery

Administration.

ARTICLE II-DEFINITIONS

SECTION 1. The "Molybdenum Mining Industry " is defined to iM

clude the mining and concentrating of ores in which Molybdemin

constitutes one of the principal recoverable niw

SEC. 2. The term "employees " as used herein, shall include all

persons employed in the conduct of the respective operations, except

executives and their immediate assistants, supervising. technical,

maintenance, and engineering staff.

SEC. 3. The term "effective (late " as used herein, means the 10th

day after the Code has been approved by the President of the Inited

States.

ARTICLE Ill-MEMBERSHIP IN THE UROUP

SECTION 1. The undersigned subscribers, at present, produce more

than 98% of the total Molybdenum produced in the United States.

SEC. 2. Any member of the Industry desiring, to become a lMember of this group may do so.

ARTICLE IV-HOURS OF LABOR, RATES OF PAY. AND (}TIER CoWNmr1r1 s

OF EMPLOYMENT

SECTION 1. It is provided:

a. That employees shall have the right to organize and bargain

collectively through representatives of their mn choosing. and shall

be free from the interference, restraint, or coercion of employers of

labor, or their agents, in the designation of such representatives or

in self-organization or in other concerted activities for the purpose of

collective bargaining or other mutual aid or protection;

8967-833~
b. That 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. That employers shall comply with the maximum hours of labor,

minimmli rates of pay. and other conditions of employment approved

or prescribed by the President.

T7, ('. -As demand for the products of the Industry and, therefore, for labor shall increase, hours of labor for employees in the

Industry, must necessarily increase: but, except in the case of executives, those employed in supervisory capacities and in technical work

and their respective staffs and those employed in emergency work,

and so long, as employees qualified for the work required shall be

available in the respective localities where such work shall be

required, none of the members of the industry shall cause or permit

any employee to work more than eight hours per day nor more than

40 hours per week. it being further understood and agreed, however,

that such limitation of hours shall be subject to present limitations

of housing, sanitary. and health facilities to the end that where such

facilities are utilized to the maximum. that whenever necessary to

meet requirements of production. and in cases where restriction's of

hours of highly skilled workers on continuous processes would unavoidably reduce operations, members of the industry shall have the

ri ghit beyond such limitation of hours to employ men for a longer

number of hours providing that in so doing such employees shall

be paid at the rate of time and a half for such additional hours.

SEC. 3. On and after the effective date none of the members of

the Industry shall employ any person under the age of 16 years.

SEc. 4. Members of the Industry shall pay to accounting. clerical,

office, or sales employees working on a weekly basis a salary of not

less than $15.00 -per week in any City of over 500.000 population, or

in the immediate trade area of such city: nor less than $14.50 per

week in any City of between 250.000 and 500,000 population. or in

the immediate trade area of such city: nor less than $14.00 per week

in any City or between 2.-(0 and 250.000 population, or in the immediate trade area. of such city; and in towns of less than 2,500

poptilation not less than $12.00 per week.

S 5c.. The members of the Industry agree that the following

minimum wage scale shall be in effect under the provisions of the

Act in meeting the reqiiirement that " inimun ware scales should

be >ulhcient to furnish comnpensation foir the hours of work as limited,

sulffcient in aIct to provide a decent standard of living in the locality

where the workers reside." Such mnimun wage scale as applied to

eiiployees mentioned in Section 2 of this Article shall be as follows:

4-1- per holr: Poi wen. firemien. clean-iup mei, anl general labor.

40( pe- hour: Muckeis, nippers, brakemen. surface mechanics,

crusher oj)erators. repair hel pers, filter men, steel sharpener helpers,

trackmen helpers, hand miners.

4s( per holir: Motormcn.

49( per hour: Machine miners, timbermen, trackmen, chutemen,

sI Ir face straw boss, sIIuface carpenters, hoistmen, mechanics, chute

blasters. mill operators.

55< per hour: Mill shift bosses.

58# per hour: Steel sharpeners.
61 per hour: Mine Shift Bosses. Shaft Miners, Mill Foremen.

G#0 per hour: Repair Bosses.

SEC. (. Members of the Industry shall have the right to employ

labor on a p)iecework basis. Otherwise known as the contractor basis,

or on a weekly basis, provided however, that the comlpenflation paid

under these methods shall not be less than $4.00 per day and the

maximum working hours shall inot exceed the hours set forth in

Section 2 of this Article.

ARTICLE V-SALE OF PRODUCTS

SECTION 1. Members of the Industry shall not sell Molybdenum

in any form at less than their respective costs of production. Cost

of production shall be computed in accordance with standard accounting practice and the rules and regulations promulgated by the

Bureau of Internal Revenue for the determination of Income Taxes,

excepting that the element of - Depletion of Discovery Value hall

be excluded from such computation. Failu e to maintain prices on

such a basis shall be deemed a violation of this Code.

SEC. 2. Although the right to determine sales prices and disco units

shall be vested in and strictly resrved by each member of the Industry. it is understood and agreed that in case a change in price

from the prices prevailing at the time this Code becomes effective, is

contemplated by any member of the Code, such member Atall notify

the other members of such intention ten days prior to effecting the

change.

ARTICLE VI-L-NFAIR PRACTICES

SECTION 1. For all purposes of the Code the following Acts shall

constitute unfair practices. Such unfair practices and all other

practices which shall be deemed to be unfair practices by any amendment to the Code hereafter adopted. and the using or employing of

any of them shall be deemed to be -' violation of the Code, and any

member of the Industrv which shall directly or indirectly through

any officer, employee, agent. or repre-entative. knowingly use or

employ any of such unfair practices shall be guilty of a violation of

the Code.

a. Making or promising to anv purchaser or prospective purchaser

of any product, or to any officer, employee, agent, or representative

of any such purchaser or prospective purchaser, any bribe. gratuity, gift, or other payment of remuneration, directly or indirectly.

b. Procuring, otherwise than with the consent of any member of

the Industry, any information concerning the business of such member which is properly regarded by it as a trade secret or confidential

within its organization. other than information relating to a violation of any provision of the Code.

c. Paying or allowing to any purchaser in connection with the

sale of any product any rebate, commission, credit, discount. adjustment, or similar concession other than as 1s permitted by the Code

and specified in the contract of sale.

d. Disseminating, publishing, or circulating any false or misleading information relative to any product or price for any product of
4

any member of the Industry or the credit standing or a

member thereof to perform any work or manufacture 

any product. or to the conditions of employment 

employees of any member thereof.

e. In~dicin( or attempting to induce by any means an

contract with a member of the Industry to violate such 

f. Aiding or abetting any person, firm, association, or 

in any unfair practice.

ARTICLE VII

SECTION 1. Members of the group agree to furnish 

statistics that may be called for under this Code, or req

President, or reasonably pertinent to effectuate Titl

National industrial Recovery Act.

SEc. 2. The President of the United States may, f

time. cancel or modify any order, approval, license, ru

tioii issued under Title 1 of the National Recovery Act.

SEc. 8. By presenting this Code those who have ass

shall not be bound by any modification thereof, except 

thereto subsequently agree.

Approved:

CLDI AX MOLYBDENUM COMPAN

MAX SCHOTT, President.

Dated August 28, 1933.

Attest:

[SEAL]

D. E. FONDEN.

Ass t. Secretary.

MOLYBDENUM CORPORATION OF 

MARX HIRSCH, President.

Dated August 28, 1933.

Attest:

[SEAL]

WMi. B. KUNTZ,

A sst. Secretary.

UNIVERSITY 

3 1262 08