Approved Code No. 323 Registry No. 1224-1-02 

NATIONAL RECOVERY ADMINISTRATION 

• 

CODE OF FAIR COMPETITION 

FOR THE 

DIE CASTING MANUFACTURING 

INDUSTRY 

f t. I 

AS APPROVED ON MARCH 8, 1934 

WE DO OUR PARl 

' ----

UNITED ST ATES I 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superinte ndent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
• 

This publication is for sale by the Superintendent of Documents, Government 

Printiug Office, Washington, D.C., and by district ofl1ces of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMEHCE 

Atlanta, Ga.: 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. 

Chicngo, Ill.: Suite 170G, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, 1\lich . : 801 Fir t 'ational Bank Builcling. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 11G3 South Broadway. 

Louisville, Ky. : 4Q8 F ederal Building. Memphis, Tenn. : 229 F c1 era1 Building. 

Minneapolis, Minn. : 213 Fecleral Building. 

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

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia. Pa.: 422 Commer cia l Tru::: t 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, Wa ·h.: 809 F cler al Offi c Building. 
Approved Code o. 323 

CODE OF FAIR COMPETITION 

FOR THE 

DIE CASTING MANUFACTURING INDUSTRY 

As Approved on March 8, 1934 

ORDER 

APPROnxo DE OF F AIR Co!vIPETITIOX FOR THE Drn CAsnxa 

J\IAX"GFACTGRIXG IXD"CSTRY 

An application haYing Geen dnly made pur 'Uant to and in full 

compliance with the provision.· of Title I of the :National Industrial 

Recovery Act, approved Jnne 1~3, 1933, for appro, al of u. Code of 

Fair Competition for the Die Ca ting :Manufacturing Indu try, and 

hearings having been duly held thereon and the annexed report on 

aid Code, containing findin gs with respe t thereto, having been 

made an l directed to the Pre iclent: 

NO,V, THEREFORE, on behalf of the Pre.·iclent of the United 

States, I, H ugh S. Johnson. Admini t rutor for Indu. trial Re OYery, 

pursuant to authority ve ted in me by Executive Orders of the President, including Executive Order No. G543-A, elated December 30, 

1933, and otherwise ; do hereby incorporate by reference said annexed 

report. and do find that sa id Code complies in all respects with the 

pertinent proyi ·ions and will promote the policy and purpo es of 

. aid Title of said Act; and do hereby order that ·aid Code of Fair 

Competition be. and it is hereby approved ubject to the following 

condition: that the continued participation of the American Die 

Casting I nstitute in the Code Authority after 30 clay from the effective date of this Code shall be contingent upon its amending its 

Constitution and By-baw to the ati faction of the Aclmini trator. 

Approval recomrn.ended: 

w. A. H ARRIMAN, 

HuaH S. ,JoH~so .... -, 

Acbnini fratm· fo1' I ndustrial R cover-y. 

Division Adrninistrato1'. 

WASHINGTON, D.C., 

March 8, 1934. 

45054°-425-42-34 (525) 
REPORT TO THE PRESIDENT 

The PRE, IDENT, 

The White House. 

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

Die Casting Manufacturing Indu try as revised after the Public 

Hearing held thereon in ,v ashington, D .C., on D e ember 20, 1933, 

in accordance with the provi ion of the National Industrial Recovery Act. 

PROYISIOXS REGAP.DIXG H O"CRS AXD "\Y AGES 

The Code provides a maximum -n·ork week of forty ( 40) hours 

with an allowance of forty-eight (4 ) hour · per -..re ek during peak 

periods, but uch hour · worke<l in exces.s of forty ( 40) hours per 

week shall not exceed a t otal of six (6) ,Yeek. in any six (6) months' 

period. 

Provision i · made that -n·hen additional skilled men are not available Die and Tool :Makers ma , be requested to work additional 

hours, when r e triction of hour · of these men would unaYoidably 

reduce the hours of other productiYe " ·orkers, This over-time is 

compensated at the rate of time and one-halt. 

A tolerance of ten (10) pe1 cent longer hour. shall be allm,vecl for 

firemen, engineer, electrician.-_ emergency repair and maintenance, 

shipping, and delivery crew ·. vVatchmen hall be permitted to work 

fifty-six ( 56) hours per week. The provisions as to hour shall not 

apply to executive ·, admini tratiY , and ·up r-vi~ory employees 

receiving $35.00 or more per week. 

A minimum wage rate of f orty ( 40) cents per hour i.· provid l 

regardless of the ba ·i of ·ompensation, with the following exceptions : · 

(1) Those engage l in light repetitiYe w rk con ·isting of leaning, 

finishing, and inspecting ~hall be paicl at the rate of not les-, than 

thirty-two and one-half (321⁄2) cent per hour but the number of 

employees so paid shail not exceed five ( 5) per ·ent of the total 

number of mployee ; (According to information furni heel by th 

Indu try, thi i the only type of factory work for which f mal 

labor i employed; con equent1y thi. · clan. e e. tabli.shes tlw mininnu 1 

1·ate of pay :for f .male labor.) 

(2) Beginner 1 arning a, traLlc in th clie naking lepartrnents 

may be paid at eio-hty ( ) per cen t of th minimum rat for n, 

three (3) month ·' p eriocl, !mt the numb r 0f learners shall not 

xceed one f or _. v ry t.en skill, 1 mcclrn ni . 

( ) Ofli · work rs . hall 1· c ivc a mini.mum wag of $ l i5. lO p r 

c k i1 citi . of rn orr than 5 0,( OD l 01 L1hti n, . '14.50 per ,,·eek in 

citi o:f between 230,000 mH l 500,00 p opnl:1 tion, arnl $1 .00 p r '" k 

in all other ·iti s. Offi('c hoys or girls ma b pniL1 :1t not 1 ·:-; than 

(G~G) 
527 

eicrhty ( 0) per cent of . ·uch minimum r at but th ir number hall 

not exceed five ( 5) I r ent of the total numb r of offi e employee . ( 4) Pnrti ally in ·apa itated per on · may be employed at lower 

wage under condition authoriz l by an agency design ated l y the 

United tat Department of L abor. 

Equitable a ljustment of pa y schedules above the minimum shall 

be made and no mployee shall be r educe 1, nor ·hall employees be 

recla ·ifie l to defeat the purpo. e of the Act. 

No per on under sixteen (16) year of age hall be employed and 

none under ighteen (18) year at hazardous ?ccnpation . 

ECONOMIC AND 'TATISTICAL l\IATEilIAL 

Th in lu try is not large a there are believed t o be le than fifty 

firms engaged in produ ing commercial ca tings and three-fourths of 

the bnsines · i oncentrated in les than twenty fitms. Responses 

from the firm loing three-fourth of the bu. iness show that sales 

have dwindled from $20,000,000 in 1D29 t o $6,000,000 in 1932, and 

during the same period, the capital inve ted dropped from $12,000 000 

t o $7 000 000. 

In each of the years, 1928 and 1929, the total net profits of these 

companie. amounted to about $1,500,000, but thi fell to $13.000 in 

1930 and ince then there ha been a lo s, a sh own b_y the following 

t able : 

- -- M inim um M inimum 

wage (cen ts wage (cents 

Em- per hour) Weekly Em- per hour) Weekly 

Year ployees pay Yea r ployees pay roll roll 

M ale F e- M ale F e- male male 

-- -

1928 _____________ ___ 2, 825 34 27 $103,000 1932 ___ _________ ____ 1, 672 29 24 $48, 000 1929 ____ ____________ 3,483 35 28 118, 000 1933 (March) _______ 1,823 26 23 138, 000 1930 ____ __ ____ ____ __ 2,309 34 28 75, 000 1933 (NoYem ber) ___ 2,990 33 30 ----- --- 1931 __ ______________ 1, 776 33 28 55,000 

- 1 First 8 mon ths 1933. 

The Indu try 'TT"a unable to a emble and t abulate figure of hours 

worked per week, but it was tated that they have been in exce s 

of forty (40). It is significant that the minimum wage r ates per 

hour f or both male and female labor, as prmided in the Code, show 

a substantial increase over those prevailing in 1929. It is also noteworthy that employment in November, 1933, exceeded that in 1928 

and, furthermore, showed a fifty ( qO) percent increase in the f all 

over that in the sprin$. It is believed that this gain may be further 

increa eel under the vode. I believe that the Code is fair to Indu try, to Labor, and to the 

Public and is in accordance with the intent and purposes of the 

National Industrial Recovery Act. 

The As istant Deputy Administrator in his final report t o me on 

aid Code having foun l as herein et forth and on the basis of 

all the proceedings in this. matter; 
5:28 

I find that: 

(a) Said Code i well designed to pronlote the policies and purpo e of Title I of the National Indn. trial Reco,ery Act, including 

r mo,al of ob trnction o the fre 0 flo" of interstate and foreign commerce ,d1ich tend to Lbmini ·h th" amount thereof an 1 will provide 

f r the general "elfare by promoting the organization of industry 

for the purpo e of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate go,ernmental anctions and ·uper-vi ·ion by liminating unfair comp titi,c practice ·, by promoting the fulle t po sible 

utilization of th pr .~ nt proclucti,e capacity of i·1du tries by a,oiding undue re tric:tion of production ( except as may be temporarily 

required). by increa ing the consnmr tion of indu trial and agricultural products lnongh increa ·in°· purcha ing power, by reducing 

and r elie,ing unemployment, by improving tanclarcl of labor, and 

by other'TT'i. e rehabilitating indu. try. • 

(b) Said Industr) normally employ not more than 50 000 employee · and i not cla~ ified by me a · a major indu try. 

( c) Th Code as appro, cl complie. in all respect. with th pertinent proYi ion~ of :::aid Title of ·ai 1 Act, including without limitation Sub ·ection (a) of ction 3 n b ·ection (a) of Section 7 and 

ub ·ection (b) of Section 10 thereof ; and tha the applicant group 

i · an indus~rir.l group truly representati, of the afore aid Industry· and that aid oToup impo e.- no inequitable re.triction on 

udmi sion to member ·hip therein. 

(cl) The Co le i · not cler•ig:ne 1 to and will not permit monopolies 

or rnonopoli tic practices. 

( e) The Code i not de igned to and ',Yill not eliminate or oppre ·-· 

·mall enterpri ·es and will not operate to 1i crimina te a O'ain t them. 

(f) Tho e engaged in other tep of the economic proce have not 

b en lepriYed of the right to be heard prior to appronll of aid 

Code. 

For the ·e reason· therefor , I ha.Ye approYecl thi Code ubject to 

the following condition: that the continued participation of the 

Am ri an Die Ca ting Institute in the Code Authority after 30 lay 

from the effective date of this Cod .-hall be contingent. upon it 

amending its Con titution and By-Law.- to the . ati~fadi n f the 

Aclmini trator. 

R e pectfnlly 

l\Lrn ·u , 19: 4. 

H "GGH . J OIINSOX 

Admini, tratm'. 
ODE OF FAIR O1\IPETITION FOR THE DIE .. TI G 

1fANlF T RING I DG TRY 

..c RTICLE I-PLRPO ~E 

To effectuate the policie~ of Ti le 1 of the X a tional Indu ·trial Recovery Act the follo":ing provi ions are e~tabli heel as a Code of 

Fair Competition for the Die Ca ting Ianufacturing Inclu try, and 

hall be the tan lards f fair com.petition for uch Indu try and 

,_hall be bin ling up n eyer member thereof. 

ARTICLE II-DEFIXITIOX 

The term · Indu -try· as u ·eel herein inclu le th manufacture for 

ale of clie ca ting ·, and doe not include the manufacture of die ca ting "hen manufactured for u e a part of another product b the 

manufacturer of uch other product. 

The term die ca ting :: a used herein .-i a ca ting made by forcing 

molten metal under pre ure into a metallic mold or die. 

The term employee: as u eel herein includes anyone engaged in 

1.he Indu try in any capacity receiving compen ation for hi~ ~er-,ice., 

irre pective of the m thod of payment of uch compen at.ion. 

The term • employer' a u eel herein inclu 1e anvone by "·hom 

un. uch employee i compensated or employe l. 

The term member of the Industr ' include anyone engaged in 

the Indu try a defined abo,e ejther a employer or on his own 

behalf. 

The term • Pre i lent:·, ·.Act • and '.Admini trator a u eel 

herein hall mean re pectively the ' Pre ident of the "Gnited State , 

Title 1 of the Xational Industr.ial Reco-,ery .Act and the Admini. -

trator for Indu trial Reco-,er . 

.,__"\.RTICLE III-Ho-cR 

ECTIOX 1. On and after the ffecti,e elate no employee hall be 

permitted to work in exce of forty ( 40) hour per week. 

(a) Provided that luring peak periods in which a concentrated 

demand hall place an unusual and temporary burden for; production 

upon the facilitie of the Indu try, employee ma be permitted to 

,York not more than fort -eight ( 48) hour per "eek in any uix ( 6) 

week in any ix ( 6) months period. 

(b) Provided, further that firemen engineer~ electrician emergency repair and maintenance, hipping and delivery crew shall be 

allowed a tolerance of ten percent (10 % ) ba eel upon the maximums 

above pre cribed. 

( c) Provided further that when additional killed men are not 

a-vailable Die and Tool )faker at the reque t of the employer may 

(529) 
530 

work additional hour.· b-.. yoncl th, .-e specified aboYe -when re triction 

of h our.- of these hi.o·hly !-;killed ,Yorkers woul l unaYoidably reduce 

the honr of oth er c-productiYe ,Yor kers, proYidecl such adc}itional 

h ours sh all b paid f or at the rat of time and one-half. 

(cl) ProYiding further, that nothing in the foregoing employment pron..-ions hall apply to xecutiYe , admini tratiYe, and uper-

-vi ·ory emplo3 ee who receiYe thirty-fiv dollar · ($3t .00) or 1nore 

per ,Yeek; and outsi le sale ·men. 

SECTIOX 2. , Yatchmen ·hall nut "·ork in exces of fifty- ix ( 56) 

hour per week an l not mor e than six (6) days in any . e,·en (7) lay 

p eriod. 

SECTIOX 3. The Indu t ry r ecognize · th desirability of ancl a -

cept the I rinciple of the eight ( ) hour ,Yorking day :for labor and 

insofar as it r ea onably can, the Inclu try will en leaYor to employ 

it labor on that basi ·. 

SECTIOK 4. Jo employee shall kn 1Yingly be permitt cl t o work 

for one or more employers jn the ag oTe?·ate in exces. of the aboYe 

pre.jcribccl number of hours. 

ARTI CLE IY- "\Y.\. ES 

SECTIOX 1. No employee except as hereinafter proYi led shall be 

p aid at le ·.· than the rate of f orty cent ( 40¢) p er hour w·ith the 

exception of those engaged in light, repetitiYe ,York, con ·isting of 

cleanino-: finishing and inspecting. who hall be paill at not 1 s 

than t.he r ate of thirty-two and on -half cent (321/~¢) per hour, 

proYi clecl that the number paid at thi rate b: any member hall 

not x ee cl fiye percent ( 5 :Yc ) of hi.- total number of factory 

em1 loyee . 

( a) Provided that beginner.- learning a trade in the die making department of any plant may be paid not le · than eighty 

percent ( 80 % ) of the minim nm rate for not more than thr e (3) 

month . ..:, and provide l further that the number of snch emplo · e 

paid le · than the minimum rate shall not exceed one for every 

ten (10) skilled mechanic in this cl partment. ProYidecl, al o, that 

f'a ch employer shall be entitle l to at lea~ t one such employee. 

S ECTro_ T 2. Office, ac ounting, and lerical employ . · hall receiYe 

a minimum wage of fifteen dollar~ (.'15.00) per w ek in iti of 

mor e than fiyc hundred thou.'and ( 500 000) population, f urte n 

dollar. fifty nt · ($14.50) p r " . ek in citie of between tw hunlr l fifty thou an 1 (2-0,000) and fiv hundred thou and -o 000) 

population, and fourteen lollar ($14.00) per we k in iti . of two 

lnmdre l fi fty thou. and (250,000) p pulation and le . 

S E TIOX ' . These rate · shall not apply to offi e b 

wh may b paid n t 1 , than eiahty I r ent ( 07 ) of 

mum rate.· but th total number of ~ 1 h offi. b y an l ·irl ·hall 

n t _. ·e c1 in any al ndar m nth fiv p r nt ( 57£ ) of th t tal 

numb r f :ffi mpl y c. · for ea h 1111 lo r an 1 in n 1 s 

t han one. 

(a) Provi led , h ,v Yer , that wher any r eqmr any 

l1igh r minimmn wa · :· than tho.·c -'P ifi l in thi.- \.rti 1 ·uch 

fo glwr 11inimum wa a _. shall apply in all ·use. · and 
b) Pr Yid 1. a per. n who. e arning ·apa ity j limit 1 be ·~u · 

of ag or I hy . ..:ical r mental handicap may b emr 103 l n light ,,-ork at a wao- lmY the minimum e. tal li hed bv thi · ode if 

the mpl yer obtain fron th tat anth 1:ity c1 -10-nate _l _b} tl:e 

-Cnited tate. D partment of L bor a c rbfic.:ate authonz1n<Y 111. mpl nn nt a . nch wao-e and f r . uch h m· ~ a shall b tatecl 

in the ·certificate. Ea h empl yer h, 11 fil with the Col ... uthority 

a li·-t f .all ·uch per on employ c1 by him. 

E TIO~ - 4. This Article e tabli_he a minimum rat of pay. re0 ar Ile of wh th r an employee i mpen_atecl on a tin1.c rate, piecework. r ther ba i ·. 

ECTIOX - . Female emr loyee lJ rforming .... ub tantially the ·ame 

work a · male employ e . . Jrnll rec i, the ._ am rate of I ay a male 

employee . ECTIOX ·. Equitable adju tment · in all pay ~checlule · of ml loyee a boYe the minima hall be made n or before fifteen ( 1-) la 

sub equent to the effectiYe date of thi Cod bv an3 mployer. who 

haYe not ma le ·uch adju tment. ·ince 11ay 1, 1933. 

E TIOX 7. Ro employees receiYino- more han the minimum rate 

hall haYe their wage · re luced. 

ECTI x . Each mployer hall po t in a ·on picuon place the 

labor pr Yi ·io of thi od . 

E TIOX 9. The fir t report of wao-e · re 1uir cl to be filed un ler this 

Cod . hall ontain all wao·e in rea. e · mad ._ince 1Iay 1. 193- . 

AnncLE Y-GExr:nAL LAn R Pnon IO~ - ' 

ECTIOX 1. Employee hall haYe the rio·ht to organize and bargain 

collecti,-ely throuo-h rer re entati,e-· of their 01111 cho ing and hall 

be fre fr01n the interference re traint, or coercion of employer of 

labor. or their aaent . in the de ignation of uch repre entati,e · or in 

elf-orD'anization r in other concerted acti,-itie~ for the purpo e of 

collecti,e bargainino- or other mutual aid or protection. 

E TIO_- 2. o emplo ·ee and no one se kino- employment ·hall be 

require 1 a a condition of mpl yment to join any compan: union or 

to refrain from joining, organizing or a.· i ·tino- a labor ro-anization 

of hi own ·hoo. ing. 

'Ecno~- 3. Emplo ·er hall comply with th ma:ximmn hour · of 

labor, minimum rate of pa · an 1 other n lition of employment 

approYecl or pre -cribed b th Pre ·iclent. 

ECTIOX 4. To per ·on under. ixte 0 n (16) y ar · of ao-e ·hall be employe l in the Indu trv. ~ o per...,on under eighteen (1 ) year of 

ao-e hall be employ d at operation or occupations which are hazardou in nature or dangerou to health. The ode uthority hall 

ubmit to the dmini -trator within ninety (90) day after the e:ffecti,e date of thi Code a list of .-uch operation or occupation . In 

any tate an employer hall be leemecl to ha,e complied 11ith this 

provi ·ion a to a o-e if he . hall ha ,e on file a certificate or permit 

dul . ..,igned by the • uthorit. in uch tate empowered t o is ue employment or a 0 ·e c rtificate or permit · . l1011ino· that the employee is 

of the r equired a ere . 

'EcTro_ - 5. Emp oyer ~ hall not rr.>cla.:. ·ify mployee ·o as to defeat 

the pnrpo e of the Act. 
ARTICLE YI-ADl\fIKI TRATIO~ l 

To further effectuate the policie of the Act a Code Authority is 

hereby con. tituted to cooperate with the .... dmini -trator in the admini tration of thi. · Code. 

SECTIOX 1. The Code Authority hall consist of five individuals 

from among the member of the Indu try, tliree of who1n shall be 

elected a. regional repre entatfres, one for the region East of the 

Meridian, forming the we tern boundary of the City of Buffalo, 

New York; one from the region from that line westward to the 

~Ieridian forming the Illinoi , Indiana boundary; one from the 

region from the :Meridian forming the Illinois, Indiana boundary 

we tward; and two as member. of the Indu try at large. All shall 

be elected by the member of the Indu try, each member of the InJ 

du try to lrnYe only one Yote. Such election shall be by mailed ballot which ballots shall be sent to all members of the Industry by 

the Secretary of the American Die Ca ting In titute who is authorized to conduct the election. In addition to the member hip a aboYe 

provided, there may be not more than three members without vote to 

be appointed by the Administrator. 

SECTION 2. The expen e of the admini -tration of this Code shall 

be apportioned by the Code Authority subject to the di approval of 

the Aclmini trator among the employers of the Indu try on the ba is 

of the number of man hour worked by employee falling under thi 

Code for the period of any a e ments made hereun ler and any 

other factors -n~hich in ju tice and reason should be con ·idered. 

SECTION 3. The Code Authority shall have the following duties 

and powers to the extent permitted by the Act, ubj ect only to di -

approval by the Admini trator. . 

(a) To make rules and regulation and to appoint uch agent a 

may be nece sary for the admini tration of thi Code. 

(b) To r epre ent the Industry in conferrina with th Pre ident 

or his agents with respect to the administration of thi. Code and 

with respect to the National Industrial Recover} A t and any 

regulation i ued thereunder. 

( c) To present to the Admini trator recommendation ba el on 

condition in the Indu try as they develop from time to time whi h 

ill tend to effectuate the operation of the pr°' ision of this Co le 

an l the policy of the .r ational Inclu trial Recovery Act. 

( d) To collect uch reports and . tati ·tical lata from per OH"' 

en aged in the Industry a · may b required to e ure proper ob er -

an e of the Code. Su h data shall b ubrnitte 1 to an impartial 

ag nt de ignated by th Code uthority. o in livi lual r p rt. 

shall be di closed to any member of th In lu try or any th r party 

e pt to uch aovernm ntal a o· n i s a. may b dir ct l by th 

A<lmini trator to e ur enforcem nt of th proYi i n of thi l . 

( e) T pre rib method an l condition f r th r I rting f 

pric s ubj ct to th di approval of th Admini trator. 

(f) To ooperat with th Admini -trat r in makin°· inv . tio-ation. 

a. to th functionina an l b ·ervan e f an of th I ro i. i n of thi. 

parno-raph 2 of orcl r npprovin o- tbi. 
53u 

Code, at it · own in. ta1 c or on ompln int by nn. r person affe t d, 

to adju t omplaints directly r through its de ·ignate 1 aaen . , and 

to report complaints or violation. · to the clministrator. 

_ (g) T? inform the ~r~ ·ident. on b~lrn,lf of the. Indu try as. to the 

importation of competiti-ve articles into the United State · 1n ·ub-_ 

tantial quantitie or increasing ratio to dome tic production on such 

terms or under such condition · as to render ineffecti ,Te or seriously to 

ndanaer the maint nance of thi · Code and make complaint to the 

Pre iclent on behalf of the Industry, under the proYisions of the 

National Industrial Recovery Act, with re pect thereto. (h) Any action taken by the Cod Authority, or other group 

within the Indu. try, for the purpo e of making effective the provisions of this Code, may in th di cretion of the Code \..uthority or 

such other group be ubmittecl t the Admini trator for approval, 

and shall, in any case, be subject to the <.1isapproYal of the Administrator. 

( i) Nothing contained in thi · Code shall constitute the member:, 

of the Co le Authority partn r for any purpose. 

ARTICLE YII-STATL'TICS 

In a ldition to information required to be ubmittecl to the Code 

Authority, there hall be furni ·heel to Government Agent such 

statistical information as the Administrator may deem necessary for 

the pnrpo. e. · recited in Section 3 (a) of the Act. 

AnTr 'LE VIII-TnADE PnACTICES 

The practices and 1nethods a. · set forth in thi · Article are hereby 

designated a unfair method of competition, and indulgence by any 

member of the Indu try in any of the same shall be a violation of 

this Code. 

SECTION 1. To make or cause or permit to be made or publi heel 

any false, inaccurate or deceptive statement in any material detail 

by way of adverti ement or otherwi e, whether concerning the grade, 

quality, quantity, sub tance, character, nature , origin, size, fini h, or 

preparation of any product of the Industry, or the credit terms, 

value , policies, or e1Tice of any member of the Indu. try, or otherwise, having the tendency and capacity to mislead or deceiYe cus- tomers or pro ·pecti ve customer . 

SECTION 2. To use or sub titute materials inferior in quality to 

tho ·e specified by th purcha. er without the knov;le<lge and con ent 

of the purcha er. 

SECTIO~T 3. To allow a di count for payment in advance of the 

due date greater than one percent ( 1 % ) on casting or to allow any 

di count for ca h on dies and tool. . 

SECTION 4. No member of the industry hall giYe, permit to be 

given, or directly offer to give, anything of Yalue for the ptupo e of 

influencing or rewar 1ing the action of any employee, agent, or r ep- resentative of another in relation to the bu ine of the employer of 

such employee, the principal of such agent or the represented party, 

without the knowledge of uch employer, principal or party. Commercial bribery provi ions ·hall not be con trued to prohibit free 
534 

and general distribution o:f articles commonly used for advertising 

except as far as such articles are actually used for commercial 

bribery as hereinabove defined. 

SECTION 5. To fail to charge the customer for any castings in 

proce s, a well as the cost of dies and tools discarded because of 

changes in the order made by the customer. 

SECTION 6. Ina much as full compensation for the special engineering, maintenance, torage, handling, insurance and repair of 

dies and equipment is not included in the price, being assumed by the 

die caster, and for this reason and becau e of the special character of 

the processes, the die and tool ·hall be the joint property of the 

customer and the die caster. Therefore it is an unfair method of 

competition to fail to make a charge to cover the special engineering, 

maintenance, storage, handling, insurance and repair of dies and 

equipment before transferring posse ion of the die to the customer. 

This charge shall be determined by the Code Authority and shall be 

subject to the disapproval of the Administrator. 

This clause need not apply in cases where the maker of the die 

delivers it to the buyer who owns die casting ma chinery purchased 

fro1n the maker of the die. 

SECTION 7. To fail to include in all quotations, acknowledgments, 

orders, or contracts covering dies to be used for snpplying castings 

a provision r eading as follows : " the above described die will remain 

in our possession and control, ana when for three consecutive years 

no orders are received for castings to be made from such dies, they 

will be considered as ob olete and may be destroyed by u after 

giving thirty (30) days written notice thereof to the cu tomer." 

SECTION 8. To quote on die ca ting to be produced from dies 

in the possession of another die caster. 

SECTION 9. To quote prices on ca. tings without quoting a separate 

charge which covers the cost of constructing the neces ·ary dies and 

tools required for the production of ·uch casting . 

SECTION 10. To accept requirement contracts without a, specific 

minimmn which shall not be les than seventy-five percent (75 % ) 

of the maximum and without specifying the time limit, except where 

such contracts permit of a price adjustment on elate of relea e of 

quantities under the contract. 

SECTION 11. To withhold from or in ert in an invoice anything 

which would make the invoice a fal ·e record, wholly or in part, of 

the transaction in que. tion , or make any arrangement which would 

~ont~mplate payment or settlement contrary to the face of the 

1nv01ce. 

SECTION 12. :Mali ·ion ·ly inducing or att mpting to induce the 

breach of an exi ting oral or written ontract between a comp titol' 

and his customer or source of supply, or interfering with or ob truct• 

inO' the performanc of any ·u h contra tual lutie or . rvice, . 

SEOTION 13. To imitat or imulate the tra 1 mark, tra le nam , 

package, wrap.per, or label of a competitor'. proclu t to uch a 

degr ee as to dee ive or have a tenden ·y to clcceiYe cu -tom r .. 

SECTION 14. To giv buyers o-uarantees against pric de lines or 

protection again -t price advanc . 

~ ECTION 15. To accept ord rs or r 1 a e for production in quantitie . ubstantially le than tho:e esfrmated as a eontinuou.· run 
535 

on whi ·h th wa. · 1 a. eel, unl ~- an ad li ion al ·harrre 

o-v nng 111 rea -t p r pie e b mad . 1

E TIOX 16. The defamation of competitor. by faL ely impu inO' 

to them di honorable conduct, inabilit ' to perform contra ·t.·, que ·-

tionable Teclit tanding r by other £al e repre ntation or b)' the 

fal e di paraa ment of th o-rade or qualit ' of their o-ooct. 

E TION 17. To ell any die .... tool · ca tino-~ en·ice · and/ or any 

one of the e at a price, or upon term an l con lition ·, "TT"hi ·h will 

re ult in the cu -tomer '. pa yin er for the O'OOcl · recefr c1 le · · than 

the co t ther of to th , eller. determined in accordance "TT"ith the 

metho l f co ting de cribecl in _ rticle IX, ection 1 ; prO',iclecl, 

ho"IT" ,er, that nothino· herein contained ·hall pr ,ent any member 

f the Indu tr. , fr m m eting the pri e of an~· c mpetit r TI"ho i 

n t him ·elf ·elling belo"TT" co t. 

ARTI LE IX-Co T Frxmxo ~\.XD , ALE BELOW Co. T 

'E 'TIOX 1. The od ~ uthority hall cause t be formulated an 

accounting s .... tern and method of co t findino· and/ r c:timating 

capable of u e by all member~ of the Inclu try. After uch y,;tem 

and method · ha,e been formulated full detail.· cone rning them 

hall be made a,ailable to all member.. Thereafter all members 

hall determine and/ or e ·tinrnt co~t.· in a corclance with the 

principles of such method . 

E TIOX "'· ·yvhen the od ~ uthority cl termin · that an emergency exist in thi Indu try an l that the cau ·e th reof i · le tructive 

price-cutting uch a to render ineffe ctive or eriou -ly en langer the 

maintenance of the pro,i ions of thi Code the Code Authority may 

cau e to be determin cl the lo"TT"e t rea onable co t of the pr du t 

of this I ndu try, ·uch determination to be ubject to uch notice and 

hearing as the lmini trator may r equire. The Admini trator may 

approv , di ·approve or modif the determination. Thereafter luring the period f the emergency, it hall be an unfair trade practice 

for any member of the Inclu try to ·ell or off er to ell an products 

of the Ind u tr f r which the lowe t rea. onable co t ha been determined at uch price or upon uch term or condition of ale that 

th buyer will pay le:-- .- therefor than the lowest rea onable co t of 

such produ ·L. ,, hen it appear that condition have chano-ed the Code uthority, 

upon it.- wa initiative or upon the reque t of any intere ted par(, 

hall awe the determination to be reviewed. 

~ RTICLE X-~ fODIFIC.\.TIOX 

SEcTro_ - 1. Thi 'ode an l all the pro vi ·ion th reof are exp re · ·ly 

made ·ubject to th right of the Pre ident, in accordance with the 

I rovi ion of ·uh-section (b) of ection 10 of the :rational Indu -

trial Recovery ~ ct, from time t time to cancel or modify any order, 

approval licen e. rule or recrulation i · ·ue l under Title 1 of aid 

ct an l pecificall -, but "TT"ithout limitation, to the right of the Pre ident to cancel or modif. · his approval of thi Code or an conditions 

impo ·eel by him upon his ar proval thereof. 

,,. 
536 

SE TIOX 2. Su ·h of the pro,·j,.ions of thjs Code a · are not required 

to be included therein bv the A ·t n uy, with the approYal of the 

A lmini trator. be moclifi c1 or liminatecl a. change in ircum tances 

or experience may indicat e. It is ont mplated that from time to 

time upplementary provi ·ions t.o thi .· Code will be submitteJ for 

the approYal of the Pre ·ident to l reYent unfair competition in price 

and other unfair an l de -tructiYe competitive practice and to effectuate the other purpose.- and policie. of the A t con i. tent ,,ith th 

pro vi ion ther of. 

ARTICLE XI- f XOPOLIES: ET . 

o provi ·ion of this ode . hall be . o applied a.- to p nnit monopolies or n1onopoli tic practice , or to eliminate 01 pre .·, 01· di riminate again t mall enterpri e . 

ARTI LE ~ .,..II 

This Code hall be ·ome effecbYe ten (10) lay aft r its approval 

by the President. 

Appro-,ed Code o. 323. 

Regi. trs To. 1224-1-02. 

0 

UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII Ill llll llll llll lllll I I 

3 1262 08582 8688