Approved Code No. 250 Registry No. 1399-37 

NATIONAL RECOVERY ADMINISTRATION 

CODE O·F FAIR COMPETITION 

FOR THE 

WIRE, ROD, AND TUBE 

DIE INDUSTRY 

AS APPROVED ON FEBRUARY 1, 1934 

WE CO OUR PART 

I .., 

(\CJD " ----

U.S. OEPOS1TORY -

UNITED ST A TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 250 

CODE OF FAIR COMPETITION 

FOR THE 

WIRE, ROD, AND TUBE DIE INDUSTRY 

As Approved on February 1, 1934 

ORDER 

APPROVING CoDE OF FAIR COMPETITION FOR THE ,v IRE Roo, AND TUBE 

DIE 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 

F air Competition for the ,vire, Rod, and Tube Die 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: 

NO,v, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. John on, 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 otherwi e; 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; provided, however, that the provisions of Arti_cle VII , Sections 1 and 2, insofar 

as they prescribe a waiting period between the filing with the Code 

Authority and the effective date of revised price lists or revised terms 

and conditions of sale be and they are hereby stayed pending 1ny 

further Order either within a period of sixty days from the effective elate of this Code or after the corn pletion of a study of open 

price associations now being conducted by the National Recovery 

Administration. 

Approval recommended: 

,v. A. HARRIMAN' 

HUGH s. JOHNSON, 

Aclniinist1·ator f or Inclusfrial R ecovery. 

Division Acl1ninistrato·r. ,v A8HIKGToN, D.c., 

February 1, 1934. 37485 °-313-176-34 (65 ) 
llEPORT TO THE PRESIDE NT 

The PRESIDENT, 

The lVhite House. 

Srn : This is a report on the Code of Fair Competition for the 

~Vire, Rod, and Tube Die I ndustry in the United States, the hearing 

having been conducted in Washington on December 28, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROYISIONS FOR HO.URS AND WAGES 

The maximum of 40 hours, and 5 days a week, and 8 hours a day, 

is provided by this Code, for all factory employees, except those on 

emergency maintenance and repair work. who will receive time and 

a half overtime pay for hours worked in excess of the above maxi- mum. The hour limitation will not apply to traveling salesmen 

nor to persons engaged in a managerial or executive capacity who 

earn more than 35 dollars a week. 

The minimum wage to fa ·tory employees will be 40 cents per 

hour. The minimum to all clerical employees will be 16 dollars per 

week. 

CHILD LABOR 

The minim.um age of employee will be 16 year , except in hazardous occupation where the minimum will be 18 years. 

ECONOMIC EFFECT OF CODE 

The 40-hour week provided by the Code and adopted under the 

President's Re-employment Agreement, in addition to improved business, has increased employment in this I ndustry about 30 percent 

since June, 1933; or as high as the 1929 level, despite a drop in sales 

volume since 1929 of 22 percent. In June, 'IT"orking time a,Teraged 

50 hours per week and the maximum was 52 hours per week. 

The m.inimum wage of 40 cent per hour and 16 dollars per week 

for a 5-day week for all factory employees without exception, should 

result in an appreciably higher nYerage pay for all worker , and 

will restore purchasing power to the 1929 level. 

The manufacture of the dra·wing dies, which are u ed for the 

elongation and deformation of wire, rods, and tubes, is highly 

specialized, requiring workers who are especially tra.inecl. Dies are 

usually made of diamonds or tungsten carbide. The business of the 

21 concerns in the indu try in 1933 amounted to about $2,000,000. 

FINDING' 

The Deputy Administrator in his final report to me on . aid Code 

having found as herein set forth and on the ba i of all the pro- ceedings in this rn a tter : 

I find that: 

(a) Said Code i well designed to promote the policie · and pur- poses of Title I of the National Indu trial Re OYery Act, including 

(GG) 
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removal of obstructions to the free flow of interstate and foreign 

commerce ,,hich tend to dimini h the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily 

required), by increasing the con umption of industrial and agricultural products through increasing purchasing power, by r educing and 

relieving unemployment, by improving standards of labor, and by 

otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major indu try. 

( 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, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant group is 

an industrial associa tion truly representatiYe of the aforesaid Industry; and that said association impo es no inequitable re~trictions 

on admission to membership therein. 

( cl) The Code is not de igned to and will not permit monopolies 

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other types of the economic process have 

not been depriYed of the right to be heard prior to approval of said 

Code. 

F or these reasons, this Code has been approved by me. 

Respectfully, 

F EBR ARY 1, 1934. 

H UGH s. J OHNSON, 

Adniinistrator. 
CODE OF FAIR CO~IPETITION FOR THE vVIRE, ROD, AND 

TUBE DIE I NDUSTRY 

\ RTICLE I- PURPOSES 

To effect the policies of T itle I of the National I ndustrial Recovery 

Act, the following proYi ·ion are established as a Code of F air Competition for the , Vire, Rod, and Tube Die Industry, and shall be the 

standard of fair competition for such I ndustry, and sh all be binding 

on every member thereof . 

... 'tRTICLE II-DEFINITIONS 

The term ' wire, rod, an<l tube die industry" as used her ein, include · the importation, manufacture for sale and sale by t he manufacturer or importer of finished and emifinished drawing dies, which 

are tools u ·ed for the elongation or deformation of wire, r od, or 

tubing, which change the diameter and/ or shape of the article dr awn 

and are manufactured from diamonds, wear-resisting alloys, chilled 

iron ·and steel, and similar other hard and wear-resisting materials, 

ulso ·uch related branche of subdivisions thereof a may hereafter 

be included under the proYi ·ions of this Code by the Administrator, 

after such hearing us he may prescribe. 

The term "member of the industry" includes but without limitation any indiYidual, partnership, a sociation, corporation, or other 

person engaged in the Industry either a an employer or on his or 

its own behalf. 

The term ' employer ., n::; 11s c1 herein means any employer engaged 

in the Industry. The term "employee ·, a · u eel herein includes any and all persons 

engaged in the Industry, however compensated, except a member 

of the Industry. The term '·President·,, ';Act'', and "Administrator'' as used 

herein mean, respectively, The President of the Unite l States, The 

National Industrial Recoyery Act, and the Adm.inistrator of Title 

I of aid Act. 

The term "association'' as used herein is defined to mean t he 

Association of ,vire, Roel and Tube Die J\1anufacturers, Inc., or 

its succe ·sor. 

The term '· code a nthority ·, means the body constituted under 

Article VI hereof. 

ARTICLE III- Hom{s 

SECTION 1. o employee shall be permitted to work in excess of 

40 hours in any one week or 8 hours in any 24-hour period, or 5 

clays in any seven-day period, except a herein otherwise provided. 

SEc. 2. The maximum hour. and da s in the foregoing section 

c::hall not apply to any employee on an ernero-ency maintenance or 

emergency repair w0rk involving breakdown or protection of life 

(68) 
69 

or property, but in any such special case at least 11⁄2 times his 

normal rate shall be paid for hours worked in excess of the maxim1m1 

hours per day or per week herein provided. 

SEc. 3. The provisions of this Article shall not apply to traveling 

salesmen or to persons employed in a managerial or executive capacity who regularly earn more than $35.00 a week. 

SEc. 4. No employer shall knowingly permit any employee to work 

for any time which, when totaled with that already performed with 

another employer or employers in this Industry, exceeds the maximwn permitted herein. 

ARTICLE Iv-,v AGEs 

SECTION 1. No employee shall be paid less than at the rate of 40 

cents per hour. No person e1nployed in ·lerical or office work shall 

be paid le s than at the rate of $16.00 per week. 

SEc. 2. The above minimum rate of pay shall apply, irrespective of 

whether an employee is actually compensated on a time-rate, piecework, or other basis. 

SEC. 3. No employee now employed at a rate in excess of the 

minimum shall be di charged and reemployed at a lower rate for the 

purpose of evading the provisions of this Code. 

SEc. 4. To the extent practicable, the wage rates of employees receiving more than the minimmn wage r.ate shall be equitably adjusted, and in no case hall they be decreased as a result of this 

adjustment of hours, so that the existing differentials shall be maintained and, to the extent practicable, recognition shall be given to 

t.he desirability of maintaining earnings, provided such adjustinent 

has not been made since June 16, 1933. Each member of the Industry shall report all such readjustn1ents to the Code Authority within 

30 days of the eff ectfre date of this Code. 

SEc. 5. Female employees performing substantially the same work 

as male employee shall receive the same rate of pay as male e1nployees. 

ARTICLE V-GENERAL L ABOR PROYISIO:N 

1UINI1\IUl\I AGE 

SECTION 1. No person under 16 years of age shall be employed in 

the Indu try, nor anyone under 18 years of age at operations or occupations hazardous in nature or detri1nental to health. In .any State 

an employer shall be deemed to haYe complied with this provision if 

he shall have on file a certificate or permit duly issued by the authority in such State empowered to is ue emplopnent or age certificates 

or permits, showing that the employee is of the required age. Each 

member of the Industry sh.all submit to the Code Authority on or 

before February 15, 1934, a list 0£ all such occupations. 

SEc. 2. In compliance with Section 7 (a) of the Act it is provided as follows : 

(a) Employees hall have the right to organize and bargain collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coer cion of employers of 

labor, or their agent..:, in the designation of such representatives or 

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

of collective bargaining or other mutual aicl or pr tection. 
70 

(b) No employee and no one seekng 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. 

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

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

SEc. 3. No provisions in this Code shall supersede any Stat~ 10,i; 

Federal law which imposes more stringent requirements on employers as to age -of employees, wages, hours of work, or as to safety, 

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

protection, than are imposed by this Code. 

SEc. 4. No employer hall reclassify employees or duties of occupations performed, or engaged in any other subterfuge, for the purpose of defeating the provisions of the Act or of this Code. 

SEc. 5. All employers shall post complete copies of Article III, 

IV, and V of this Code in a conspicuous place accessible to 

employees. 

SEC. 6. Every employer shall provide for the safety and health of 

his employees at the place and during the hours of their employment. Standards for safety and health shall be submitted by the 

Code Authority to the Administrator within six (G) months after 

tl _, effectiYe date of this Code. 

ARTICLE VI-Aol\IINISTRATION 

ORGANIZATION 

SECTION 1. There shall forthwith be con tituted a Code Authority 

consisting of not more than 5 members of the Advisory Committee 

of the Association, two repre entatives of the members of the Industry who are not members of the Association (Providing the nonmembers desire such representation and signify their willingness to 

pay their pro rata share of the cost of administering the Code), and 

one to three nonvoting appointees of the Administrator if he so 

desires. The representatives of the nonmembers shall he elected 

by the nonmembers in any fair manner approved by the Administrator. SEc. 2. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority 

shall (1) impose no inequitable restrictions on membership, and (2) 

submit to the Administrator true copies of its artir>le of a sociation, 

bylaws, regulations, and any amendments when made thereto, together with such other information as to member hip, organization, 

an 1 activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

SEc. 3. In order that the Code Authority shall at all times be 

truly representative of the Industry and i11 other respects comply 

with the provisions of the Act, the Administrator may prescribe uch 

hearings as he may deem proper; and thereafter if he shall find that 

the Code Authority i not truly repre entative or doe not in other 

respects comply with the provi ion of the Act may require an appropriate modification in the method of selection of the ode 

Authority. 
SEC. 4. Members of the Indu try shall be entitled to participate in 

and share _the benefits of the activjti.es of the Code Authority and to 

participate in the selection ot the members thereof by assenting to 

and complying with the requirements of this Cocle anJ sustaining 

their reasonable share of the expenses of its a.dmi.ni tra.tion. Such 

reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review by the Administratb'r, on the basis of volume of business and/ or such other factors 

as may be deemed equitable to be taken into consideration. 

SEc. 5. Nothing contained in this Code shall constitute the members of the Code Authority partners for any purpose. Nor shall 

any members of the Code Authority be liable in any manner to anyone for any act or any other member, officer, agent, or employee. of the 

Code Authority. Nor shall any member of the Code Authority exercising reasonable diligence in the conduct of his duties hereunder be 

liable to anyone for any action or omission to act under this Code, 

except for his own wilful misfeu ance or nonfea ance. 

POWERS A ND DUTIES 

SEc. 6. The Code Authority h_all ha.Ye the following fudher 

powers and duties, the exercise of which shall be reported to the Administrator and shall be subject to his right on review to approve or 

disapprove any action taken by the Code Authority. 

(a) To insure the execution of the provi: ions of this Code and 

provide for the compliance o:f the Industry w·ith the provisions of 

the Act. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the admini 'tration of the Code. 

( c) To obtain from_ members of the Industry such information 

and reports as are required for the administration of the Code and 

to provide for submission by members of such information and reports as the Administrator may deem. necessary for the purposes 

r ecited in Section 3 (a) of the Act, which information and reports 

shall be submitted by men1bers to such administrative and/or government agencies as the Administrator may designate; provided that 

nothing in this Code shall relieve any member of the Industry of 

any existing obligations to furnish reports to any government 

agency. No individual reports shall be disclosed to any other member of the Industry or any other party except to such government 

agencies as may be directed by the Administrator. 

( cl) To use such trade as ·ociations and other agencies as it deems 

proper for the carrying out of any of its acti Yi ties 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 o:f the administration of this Code with such other Codes, 

if any, as may be related to the Industry. 

(:f) To secure from members of the Industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Code Authority and its activities. 

(g) To cooperate with the Administrator in regulating the use 

of any National Recovery Administration insignia solely by those 
72 

members of the Industry who have assented to and are complying 

with this Code. 

(h) To recommend to the Admini trator further f air trade prac- tice provisions to govern members of the I ndustry in their r elations 

with each other or with other Industries and to r ecommend t o the 

Administrator measures for industrial planning, including stabilization of employment. 

ARTICLE VII-PrucE LISTS 

SECTION 1. If and when the Code Authority determines, subject to 

the disapproval of the Administrator, that in any branch or subdivision of the Industry it has been the generally recognized practice 

to sell a specified product on the basis of printed net price lists, or 

price lists with discount sheets, and fixed terms of sale, each manufacturer of such products shall, within ten (10) days after notice of 

such determination, file with the Code Authority a net price Ii t, or a 

price list and di count sheet, as the ca e may be, individually prepared 

by him showing his current prices, or prices and discounts, and terms 

of sale, and the Code Authority shall immediately send copies thereof 

to all known manufacturers of such specified products. Revised 

price lists with or without discount sheets may be filed from time to 

time thereafter with the Code Authority by any manufacturer of 

such product, to become effective upon a date specified (to be a date 

not later than seven (7) days after the filing of such revised price 

lists), and copies thereof with notice of the effective date specified 

shall be immediately sent to all known manufacturers of such product, any of who may file, if he so de ires, revisions of his price lists 

and/or discount sheets, which hall become effective upon the date 

wh~n the revised price li -t or discount heet first filed shall go into 

effect. 

SEc. 2. If and when the Code Authority shall determine, subject 

to the disapproval of the Administrator, that in any branch or subdivision of the Industry not now selling its product on the basis of 

price lists, with or without discount sheets, with fixed terms of sale, 

the distribution or marketing conditions in said branch or subdivision 

are the same as or similar to the distribution or marketing conditions in a branch or subdivision of the Industry where the use of 

price lists, with or without discount sheets, is well recognized, and 

that a system of selling on net price lists or price lists and <liscount 

sheets with fixed terms of sale should be put into effect in · such 

branch or subdivision, then each 111anufacturer of the product or 

products of such branch or subdivision hall, within twenty (20) 

days after notice of such determination, file with the Code Authority 

net price lists or price lists and discount sheet containing fixed 

terms of sale, showing his prices and discounts and terms of sale, 

and such price li...,ts and/or discount sheets may be thereafter revised 

in tha manner hereabove provided. Provided, that the Code Authority shall make no determination to place any product of the Industry 

(not on a price-list basis on the effectiYe date of thi. Code) on a 

price-list basis, as provided in this paraoTaph of thi. Article, unle s 

two thirds of the members of the indu try who are at that time engaged in n1anufacturing uch product shall affirmatiYely con ent 

that such determination be made. 
SEc. 3. No member of the Industry shall 2ell directly or indirectly, 

by any means whatsoever, any product of the industry covered by 

provisions of this Article at a price other than or at discounts other 

than or on terms of payment other than those provided in his own 

current net price lists or price lists and discount sheets, provided 

that nothing herein shall prevent the sale without restriction as to 

price of any such product to another member of the Industry. 

SEc. 4. The Code Authority shall investigate the operations of this 

Article and shall within sixty (60) days after the effective date of 

the Code file with the Administrator reconunendations for the adoption of appropriate regulations for the carrying out of the purpose 

of this Article VII.* 

ARTICLE VIII-UNFAIR TRADE PRACTICES 

The following de cribed acts constitute unfair practice and are 

forbidden: 

A. Giving, permitting to be given, or directly offering 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 busines · of the employer of such employee, the principal 

of such agent or the represented party, without the knowledge of such 

employer, principal, or party; provided, how ver, that nothing in 

this Section A shall be construed to prohibit free a,nd general distribution of articles commonly used for advertising, except so far as 

such articles are actually used for commercial bribery, as hereinabove 

defined. 

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

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

within its organization. 

C. Imitating or simulating any exclusive mark or brand used by 

any other member of the Industry. D. Disseminating, publishing, or circulating any false or misleading information relative to any product or price for any product 

of any member of the Industry, or the credit standing or ability of 

any member thereof to perform. any work or manufacture or produce 

any product, or to the conditions of employment among the employees of any member thereof. 

E. Inducing or attempting to induce by any means any party to 

a contract with a member of the Industry to violate such contract. 

F. Aiding or abetting any person, firm, association, or corporation in any unfair practice described in this Article. 

G. l\1aking or giving to any purchaser of any product o:f the 

Industry any guaranty or protecton in any form against advances 

or declines in the market prices of such products. 

H. , v ithholding from or inserting in any quotation or invoice any 

statement that makes it jnaccurate in any material particular. 

I. Granting secret rebates in the :form of special services, discounts, advertising allowances, or free samples. J. Fraudulent and deceptive practices, including false and misleading advertising, mislabeling, and misbranding. 

• See paragraph 2 of order approving this Code. 
UNIVERSITY OF FLOR IDA 

74 II I II IIIIII Ill Ill lllll lllll II IIII IIIIII IIII II 1111111111111111111 

3 1262 08851 8021 

K. Enticing an employee of a competitor from his employment 

with the purpose of injuring or embarrassing such competitor in 

his business. Nothing herein shall prevent any employee from offering his services to a competitor, nor prevent any men1ber from 

employing an employee of another member where the initiative in 

such change of employment comes from the employee. 

L. Selling or offering to sell second-hand merchandise, unless 

expressly designated and represented as such to the purchaser or 

prospective purchaser. 

AnTICLE IX-GENERAL 

SECTION 1. This Code and all provisions thereof are expressly 

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

provisions of Section 10 (b) of the Act, from time to time to cancel 

or modify any order, approval, license, rule, or regulation issued 

under Title I of said Act, and specifically, but without limitation, to 

the right of the President to cancel or modify his approval of this 

Code or any conditions imposed by him upon his approval thereof. 

SEc. 2. Such of the provisions of this Code as are not req11ired 

by the Act may, with the approval of the Administrator, be modified 

or eliminated as changes in the circumstances or experience may 

indicate. It is contemplated that from time to time supplementary 

provisions to this Code or additional Codes will be submitt€d for 

the approval of the Administrator to prevent unfair competition in 

price and other unfair and destructive competitive practices and to 

effectuate the other purposes and policies of Title I of the Act consistent with the provisions thereof. 

SEC. 3. No provisions in this Code shall be interpreted or applied 

in such manner as to ( 1) promote monopolies or monopolistic practices; (2) Permit or encourage unfair competition; (3) eliminate 

or oppre s Rmall enterpri~es; or ( 4) discriminate against small 

enterpri es. 

SEc. 4. If any employer in this Industry is also an employer in 

any other Industry, the provisions of this Code shall apply to and 

affect only that part of the busi11ess of such employer which is a 

part of the Industry covered by this Code. 

ARTICLE X-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consun1mation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases should be delayed and that, when made, the same should, 

so far as possible, be limited to actual increases in the seller's costs. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the 10th day after its approval by the President and shall be binding upon every person 

engaged in the Industry either as an employer or on his own behalf. 

Approved Co<le No. 250. 

Registry No. 1399-37. 

0