Approved Code No. 511 Registry No. 1135-32 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CORRUGATED ROLLED-METAL 

CULVERT PIPE INDUSTRY 

AS APPROVED ON AUGUST 27, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Docwnents, Washjngton, D.C. • • • • • • Price 5 cents 
Tt.is publication is for sale by the Superintendent of Documents, Government 

PI'inting Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, 1\lass. : 1801 Customhouse. 

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

Charleston, S.C. : Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North \Vells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, l\'lich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Comn1e rce Building. 

Indiauapolis, Ind.: Chamber of Commerce Building. 

J acksonville, Fla.: Chamber of Commerce> Building. 

Kansas City, Mo.: 1028 Baltlmore AYenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville. Ky.: 408 Federal Building. 

Mempl1is, Tenu.: 229 Federal Building. 

Minneapolis, l\Iinn.: 213 F deral Building. 

New Orlean!", La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Cu tomllouse. 

Not'folk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 4:?2 Commercial Truo:::t Building. 

Pittsburgh, Pa.: Chamber of Commerce Buil ding. 

Portla nd, Oreg.: 2] 5 New Post Office Building. 

St. Louis. l\fo.: 506 Olive Street. San Francisco, Calif. : 310 Cu .~ tombou!"e. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 511 

CODE OF FAIR COMPETITION 

FOR THE 

CORRUGATED ROLLED-METAL CULVERT PIPE 

INDUSTRY 

As Approved on August 27, 1934 

ORDER 

APPROVING CoDE oF FArn CoMPETITION FOR THE ConnuGATED RoLLEDMETAL CULVERT PIPE I DUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I o.f the National Industrial 

Recovery Act approved June 16, 1933, for approval of a Code of 

Fair Competition for the Corrugated Rolled-M:etal Culvert Pipe 

Industry, and hearing 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', I-Iugh S. Johnson, Administrator for IndU$trial 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 sai l Code complies in all respects with the 

pertinent provisions and will promote the policy and purpose 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 

within ninety days I may direct that there be a further hearing on 

such of the provisions of said Code as I may designatB, and that any 

order which I may make after such hearing shall have the effect of 

a condition on the approval o.f said Code ; provided, further, that the 

provisions of Article VII, Section ( 5), so far as they J?rescribe a 

waiting period between the filing of revised price terms ( i. e. actual 

rec ipt of such revi ed price terms by the duly designated agent or 

aO'ents of the Code Authority) and the effective date thereof, be and 

they hereby are stayed pending my :further or er. 

H orr S. J IL:r oN, 

Adminutr·ator f or I ndustrin.l R covery. 

Approval recomm nded : 

E • L. BERRY, 

Divi rion A dndnistrator. 

w A III • T - T D . 

.Llugu t B7, 1931,.. 

8 U-!4 °-104 133--34 (30) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The 1¥ hite House. 

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

Corrugated Rolled-Metal Culvert PipB Industry, the hearing having 

been conducted in vVashington on the 13th day of March, 1934, in 

accordance with the provisions of Title I o:f the National Industrial 

Recovery Act. This association claims to represent 76.6% o:f the 

Industry. 

HOURS AND WAGES 

This Code :provides that employees shall not be permitted to work 

in excess of eight (8) hours in any twenty-four (24) hour period or 

forty ( 40) hours in any one ( 1) week nor more th-an six ( 6) days 

in any seven (7) day period. Exception is made for twelve (12) 

weeks in any twenty-six (26) week period during which time, however, overtime shall not exceed eight (8) hours in any one (1) 

week. The limitation on hours does not apply to travelino- salesmen, 

persons employed in managerial or executive capacities who earn not 

less than thirty-five dollars ($35.00) per week. Watchmen are not 

permitted to work in excess of fifty-six (56) hours in any week or in 

excess of six (6) days in any seven (7) day p riod. 

Five ·wage districts are provided in this Code, ranging on a scale 

of :from :forty cents ( 40¢ ) per hour to thirty cents ( 30¢) per hour. 

The wage districts are in similarity to the wage districts in the Steel 

and Iron Industry Code. There is some interchange of employees 

between these two industries. This Industry is also in direct competition with the Concrete Pipe J'vfanufacturing Industry, Code approved December 30th, 1933, and the Vitrified Clay Sewer Pipe 

Manufacturing Industry, Code approved November 27th, 1933, both 

o:f which Codes provide a slightly lower wage rate than is set up in 

this Code. It seems quite clear that the Industry would be placed 

at a competitive disadvantage with the two competing Industries i:f 

any other rate were provided. 

ECONOMIC EFFECTS OF THE CODE 

This Industry, like all industri0s enaaged in construction endeavors, has suffered during the depression. The number of employees 

in the Indu. try in 1929 was L660. In 1933 the number o:f employees 

in the Industry was 1,596. However, the estimated number of employees in 1934 is 1,791, representing an increase o:f 7.9% of the 1929 

level. It is believed tl at th.i.s increase is due to general conditions 

caused by codification of kindred indu tries. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code, 

having :fonnd as herein set forth and on the basis of all the proceedings in this matter: 

( 4-0) 
41 

1 i well 1 ·i 0"11 d t pr m t the poli i and pur- f Titl f th ati nal In 1u.trial c v r; A t inclu lin(J' 

r m \ul f ob trncti n t th fr fl w f int r tat and f r ian 

omm rc whi h i n l t limini h the am unt thcr f an will proYi 1 f r th o· neral w lf<H by I rom ino- the r(raniza ion of indu -

try for th purp f c I rativ action arnon · r, de r up Ly 

indu ·ino- nd maintainin unit d action f labor , nd manacr m nt 

unci r acl quate g ,-ernrncntal an ion and upenTi. j n by liminating unfair ornp titiYe practic by promoting th full t I :ible 

utilizaii n of the r ent productive capa ity of indu tries b 7 a-...oicl- ing undu r triction of production (except a may be t mporarily 

required) b increasing the con umption of indu. trial and acrricultural product through increa ing purcha ing power, by r clueing 

and reli ving unemployment, by improving tandards of lab r and 

by otherwi e rehabilitating industr3. 

(b) aid Industry normally employ not more than 50,0JO mployees · it is not cla sified by me a a maj or indu try. 

(c) The Code a approyed complies in all respects with the pertinent provi ions of aid Title of said Act, including without limitation Sub ection (a) of &ction 3, Subsection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof; and that the applicant as o- iation is an industrial a sociation truly repre entati ve of the aforeaid Indu try; and that said association imposes no inequitable 

re triction on admission to membership therein. 

(d) The Code i not designed to and will not permit monopolies 

or monopoli tic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Tho e engaged in other step of the economic proce ha e 

not been deprived of the right to be heard prior to approva1 of 

said Code. 

For the e reason., therefore, I haYe approved this Code. 

Respectfully, 

AuGusT 27, 1934. 

HuGH S. JoHN oN 

Administrator. 
CODE OF FAIR COMPETITION FOR THE CORRUGATED 

ROLLED-METAL CULVERT PIPE INDUSTRY 

ARTICLE I-PURPOSES oF THE ConE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the f ollowing provisions are established as the Code 

of Fair Competition for the Corrugated Rolled-Metal Culvert Pipe 

Industry, and shall be the standard of fair competition for such 

Industry and shall be binding upon every m.ember thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " Industry " or " the Industry " as used 

herein includes manufacturing andj or selling by manufacturers of 

corrugated rolled-metal culvert pipe of the full-round riveted type, 

half-round fiat-bottom type, nestable type, andjor corrugated rolledmetal arches, designed for use in connection with waterways or other 

drains, and/ or modification of such products, andjor development 

of same, andj or of other such products of culvert-pipe fabricators 

or appurtenances or fittings produced by culvert-pipe fabricators for 

use in conjunction therewith, designed for use in connection with 

waterways or other drains, or all or any of them. 

SECTION 2. The term "member o:f the Industry" means and includes anyone engaged in the Industry as above defined, either as an 

employer or on his own behalf. 

SECTION 3. The term "As. ociation " as used herein means the " N ationa! Corrugated Rolled-1fetal Culvert Pipe Association". 

SECTION 4. The term " the Secretary " and " the Treasurer " means, re pectively, the Secretary and the Treasurer of the Association at 

the time in office. 

SECTION 5. The term "employee" includes anyone, except a member of the Industry, engaged in the Indu try in any capacity receiving compensation for his services, irrespective of the nature or 

method of payment of such compensation. SECTION 6. The term "employer" includes anyone by whom any 

such employee is compensated or mployed. SECTION 7. The terms "Pr sident j', "Act", and "Administrator " 

as used herein shall mean respe.ctively the "President of the United 

States", "Title I ·of the National Industrial Recovery Act", and 

the "Administrator for Industrial Recovery ". 

SECTION 8. The term "State" means any state in the United 

States, or the District of Columbia, or the territory of Alaska. 

ARTICLE III-HouRs 

SECTI N 1. No employee shall be permitted to work in excess of 

8 hours in any 24-hour period or 40 hours in any one week nor more 

( 42) 
43 

than 6 day in any 7- ay en , x pt as herein oth rwi e pe ifically provid <1. 

E TI 2. Th pron 1 n ~ of this Arti le limiting hour , shall 

n t ap ly to raY liner al m n or to 1 r ons employ d in manag rial r xe u iY car aciti who earn n t 1 s than $ 5.00 per 

we k. 

:c TIOX 3. 1\ af hn1nn hall not be p rmitte.d to work in ex e of 

56 hour in any week nor in exce of 6 day in any 7 -da p rio d. 

E TIO... 4. The ma. imum hour fixe l in ection (1) shall not 

apply for L.~ w k in an calendar y ar during which week howv r, overtime hall not exceed hour in any one week. 

ECTION 5. No employer shall permit any employee to work for 

any time which, when totaled with that alr ady performed for another employer or employer , in this or any other industry or trade, 

exceeds the maximum permitted herein. 

E TION 6. Employers who personally perform manual work or 

are engaged on mechanical '{)perations shall be subject, to the ext nt 

permitted by the Act to the same maximum hours as are provided 

m this Code for employees. 

ARTICLE IV- WAGES 

SECTION 1. (a) Wage Di tricts are hereby established as follows: 

District No. 1 comprises the counties of \V estmoreland, Fayette, 

Greene Washington, Allegheny, BeaYer, Butler, Armstrong, J e:fferson Cl arfield, Lawrence, :Mercer and Venango in the State of Pennsylvania, and the counties of Trumbull, M:ahoning Columbiana, 

Belmont J :fferson, Ashtabula, Lake, Cuyahoga, Loraine, Seneca 

and Lucas in the State of Ohio, and the counties of :Marshall, Ohio, 

Brock and Hancock in the State of \Vest Virginia, and the cities 

along the Ohio River north of the City of Parker burg W.\ a., 

and the counties of Monroe, Lewanee, Jackson, Wayne, Oaklan l, ~rfacomb and \Va htenaw in the state of ~1ichigan, the hicacro 

witching district and the counties of Lake and Du Pug in the 

tate of Illinoi , the county of Lake in the State of Indiana an 

the countie of ICeno ha, Racine and ~filwaukee in the tate of 

' Vi consin. 

Di trict Ko. 2 comprises the states of ~rfaryland, Delaware and 

the Di trict of Columbia. 

Di trict No. 3 compri es the states of Arizona, New ~fexico, T xa , 

Oklahoma Arkan a , and Louisiana. 

Di trict No. 4 comprises the tate of T nnessee, Virginia, 1\ rth 

. ar~lina, 'outh arolina Georgia Florida, AlabaJ.na, and ~1i i -

f;J ppL 

Di tri t 

i. n t in ·lu l 

escrib l. 

(b) 

. 5 ompri c all that part f the United Stat ~ which 

in Districts No. 1, No. 2, No. 3, and No. 4 as h r in 

than-

. 1; 
44 

(c) Wages above the minimum shall be promptly and equitably 

adjuste l having in view long standing wage differentia,ls. In making such adjushnents the wage of no individual employee shall be reduced. The Code Authority shall within 30 days after the effective date of th]s Code ascertain from each member of the industry 

and report to the Administrator on such adjustments made by said 

members of the industry pursuant to this provision. 

SECTION 2. No office or clerical emp,loyee shall be paid at less than 

at the rate of $15.00 per week; provided, however, that each employer may employ one office-boy or one office-girl for each 20 other 

office employees or additional fraction thereof, and that each employer may employ at least one office-boy or one office-girl; and, 

provided further, that the minimum pay for office-boys and/or officegirls shall be not less than 80% of the above minimum. 

SECTION 3. The foregoing provisions of this Artic,le establish a 

Ininimum rate of pay, regardless of whether an employee is compensated on a time rate, p1ece rate, or other basis. The rates of pay 

hereinbefore provided shall not be understood to be the maximum 

rate.s of pay for the respective districts. 

SE.CTION 4. A person whose earning capacity is limited because 

of a.ge, physical or mental handicap, or other infirmity, may be 

employed on light work at a wa~e below the minimum established 

by this Code, if the employer obtains from the State Authority, 

designated by the United States Department of Labor, a certificate 

authorizing such person's employm_ent at such wages and for such 

hours as shall be stated in the certificate. Such authority sha.ll be 

guided by the instructions of the United States Department of Labor 

in issuing certificates to such persons. Each employer shall file 

monthly with the Code Authority a list of all such persons employed 

by him showing the wages paid to, and the maxi1num hours of work 

for such employee. 

SECTION 5. An employer shall make payment of all wages due in 

lawful currency or by negotiable check therefor, payable on demand. 

These wages shall be exempt from any payments for pensions, 

insurance, or sick benefits other than those voluntarily paid by the 

wage earners or required by state laws. "'\'V ages shall be paid at 

least twice each month and salaries at least at the end of every 

month. 

ARTICLE V-GENEH.AL LABOR PROVISIONS 

SEcTION 1. No person under 18 years of age shall be employed in 

the Industry except as office-boys, office-girls and/or messengers. 

No person under 16 years of age shall be employed in the Industry 

in any capacity. In any state an employer shall be deemed to have 

complied with this provision if he shall have on file a certificate 

or permit, duly executed by the Authority in such state empowered 

to issue employment or age certificates, showing that the employee 

is of the required age. 

SECTION 2. Employees shall have the right to organize and bargain collectively through representatives of their own 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 o£ collective bargaining or other mutual aid or protection. 
45 

and no one seeking employment shall 

required as a condition of employment to join any company 

union or to refrain from joining, organizing. or assisiinrr a labor 

ore:anization of his own choosing. 

ECTION -1:. Employers shall compl 

labor, 1nininmm rates of pay, and other conditions of employment, approved or prescribed by th 

Ecnox 5. \Yithin each State this 

laws of such State, imposing mor 

employer regulating the age of employee 

safety, or health, fire protection 

than under this Code. ECTION 6. No employer shall dismiss or demote any employee 

for making a complaint or giYing evidence ·with respect to an alleged 

iola tion of this Code. 

ECTION 7. Every employer shall make reasonable provision for 

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

hours of their employment. 

tandards for safety and health shall be submitted by the Code ~~uthority to the Administrator for approYal within three months 

aft~r the effective date of this Code. ECTION 8. \Yithin 10 days of the effective date each employer 

shall post, and thereafter maintain, in conspicuous places accessible 

to employees full copies of this Code and any amendments or modifications which may later be approved. Every mm~1 r of the 

Industry shall comply with all rules and regulations relative to 

the posting of provisions of the Code which may from time to 

+ime be prescribed by the Administrator. ;·noN 9. I\'" o employer shall reclassify employees or occupations 

performed for the purpose of e'Tading the provisions of the Act or 

of this Code. nor engage in any other subterfuge for such purpose..,. 

AnTICLE YI-Am.\IINISTRATION OF THE ConE 

:!DH •--1044-13:>--34---2 
46 

without expense to the Industry. Notice of all meetings to be held 

by the Code Authority shall be given to the Administrator and to 

.such members of the Code Authority as are appointed by him. 

SECTI0N 3. The administration of the Code shall be under the dir ection of the Code Authority which shall have all powers and duties 

conferred upon it by the Code and such other powers and duties as 

may be granted by rules, regulations or orders of the Administrator. 

S:!:::cTiox 4. The Code Authority shall have power from time to 

tjme to appoint a11<.l r emove, and to fix the compensation of, all officers and employees ancl all such accountants, attorneys, and experts, 

as said Code Authority shall deem necessary and proper for the purpose of aclminjstering the Code; proYided, however, that any inclividuals or firms o:f accountants, attorneys, investigators, or experts 

acting at the instance or under the instructions of the Administrator 

shall be exempted from this provision and shall function without 

('Xpense to the Industry. All acts performed by the Code Authority 

under the provisions of this section are &ubject to the disapproval of 

the Administrator on review. 

SEcTION 5. The Association shall (1st) impose no inequitable restrictions on membership and (2nd) shall submit true copies of its 

articles of incorporation, constitution, by-laws, regulations, and any 

amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the p11rposes of the Act. 

SECTION 6. In order that the Code Authority shall at all times be 

truly representatiYe of the Industry and in other respects comply 

with the provisions of the Act, the Administrator may provide such 

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

the 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 1nethods of selection of the Code 

Authority. 

ECTION 7. The Code Authority shall be the general planning, coordinating, and administering agency of this Code and shall make 

such rules and regulations as may be necessary or proper for the 

administration of this Code and shall notify the Administrator of 

all n1les and regulations adopted. 

SECTION 8. The Code Authority may from time to time appoint 

such committees as it may deem necessary or proper in order to 

effectuate the purpose of the Code, and it may delegate to any such 

committee generally or in particular ]nstances such of the powers and 

dnties of tll€ Code Authority under the Code as such Code Authority 

shall deem necessary or proper in order to effectuate such purpose. Any member of any such committee may be a member of the Corle 

Authority, or an officer, a director, or an employee of a member of the 

In<.Instry or a person not having nny official connection with any 

member of the Industry or with the Code Authority, as the Code 

Authority shall deem proper. No provision of this section shall 

r elieve the members of the Code Authority from any of their responsibilities under the Code. 

SEcTION 9. In order to assist in making effective the reports from 

the Industry and in eliminating unfair competition, the Code Authority may appoint a committee so constituted as to giYe due consumer 

and governmental representation, to make a study, with a view to 
47 

thr esb1blishnw!lt of classifications and standards of climensions ancl 

. unlity of procln<:ts of tlw Inclw-Jr~', ''herrYrr such standard-; ar 

let'met1 fensib1e. The findings ancl recommendations of thjs committee shall~ within three mor1ths after appointment, he submitted t 

the ... \.. llmini~trntor , and after such hearings us he may designate, and 

upon approval b:v him, shall be made a part of this Code ancl be 

bintling upon cn'ry mrmber. 

~cTrox 10. The Code Authority may appoint a trade practi 

committee to meet with the tracle practice committee appointed 

under such othE'r codes as may be related to this Industry for the purpo:-:;e of formulating fair trade practices to govern the relationship 

betw·een production and distribution employers under this Code and 

under such others to the end that such fair trade practices may be 

proposed to the Administrator as am.enclments to this Code, and such 

t her cod ... . 

ECTIOX 11. The Code Authority may upon complaint of inter· 

ted parties or upon its own initiative make such inquiry of the 

observance of this Code as may be necessary subject to such rules 

and regulations as the Administrator may prescribe. 

ECTION 12. Each member of the Industry shall make such sworn 

or unsworn r eports to the Code Authority or to the Administrator 

as are required for the administration of the Code. In addition to 

information required to be submitted to the Code Authority, members of the Industry shall furnish such statistical information as the 

Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such Federal and State agencies us he may 

designate; provided that nothing in this Code shall relieve any member of the Industry of any existing obligations to furnish reports to 

any Go,Ternment agency. No individual report shall be disclosed 

to any other member of the Industry or any other party except to 

nch other GoYernmental agencies as may be directed by the Administrator. 

ECTIOX 13. It being found necessary in order to shpport the aumini~tration of this Code and to maintain the standards of fair comp etition estabbsherl hereunder and to effectuate the policy of th 

Act, the Code Authority is authorized : 

(a) To incur such r easonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

f fnncls which may be raised as hereinafter proYidecl and which 

shall be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject to 

r)nch notire and opportunity to be heard as he may deem necessary 

n itemized bnclget of its estimated expenses for the foregoing 

purposes, and 

:\...n equitable basis upon which the funclc:; necessary to support 

.,uch budget shall be contribntNl by members of the Industry · 

( r) ..:\ ftcr such bn<lg"t and b:1si~ of contribution haYe been ap .. 

proYNl by the ... :\..tlmini-..;trator, to cl<:'tennine and obtain equitable 

contriLntion as ahoYe set forth by all memb"rs of the industry, and t 

that encl, if neces:-.ary, to in stitute legal proceedinrrs therefor in its 

wn nam-.. 

Sr.cTIOX 14. (a) Each mem 

quitab1e contribution to the expen. 

inclnstry sha 11 pay his or i 

f the maintenance of the 
48 

Code Authority, determined as hereinabove provided, and subject to 

rules and regulations J?ertaining thereto issued by the Administrator. Only members of the Industry complying with the code and contributing to tho expenses of its administration as hereinabove provided, 

unless duly exempted from making such contributions, shall be entitled to· participate in the selection of members of the Code Author- ity or to receive the benefits of any of its voluntary activities or to 

make use of any emblem or insignia, of the National Recovery 

Administration. 

(b) The Code Authority shall neither incur nor pay any obligation sub tantially in excess of the amount thereof as estimated in 

its approved budget, except upon approval of the Administrator; 

and no subsequent budget shall contain any deficiency item for expenditures in exce s of prior budget estimates .except those which 

the Administrator shall have so approved. SEcTION 15. The expenses of the administration of the Code as 

established in the budget to be established by the Code Authority 

ubject to the approval of the Administrator, shall be assessed 

against each member of the Industry in proportion to the aggregate 

amount in dollars o:£ the invoiced value of Industry products delivered by such member for consumption within the United States, 

except Puerto Rico, and Hawaii, during the preceding calendar 

year, in units of $25,000.00; provided, however, that fractions of 

such units shall be d.i regarded excel t in cases where a member or 

members of the Industry have so delivered less than $25,000.00 

aggregate amount in dollars of invoiced value of Industry products 

during the preceding calendar year, in which case, they shall be 

assessed in direct proportion to the invoiced value of Industry prod- ucts delivered within the United States, except Puerto Rico and 

Hawaii, in such preceding calendar year. SECTION 16. Any notice, demand, or request, required or permitted 

to be made upon any member of the Industry shall be sufficiently 

given if mailed postage prepaid by registered mail to him at his 

last known address. 

SECTION 17. Nothing contained in this Code shall constituto mem- bers of the Code Authority partner f or any purpose. Nor shall any 

member of the Code Authority be liable in any manner to anyone 

for any act of 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 here- under be liable to anyone for any act or omission to act under this 

Code except for hi own wilful malf asance or non-feasance. SE TION 18. If the Administrator shall determine that any act o£ 

the Code Authority or any Agency thereof may be unfair or unju t 

or contrary to the public intere t, the Administrator may require 

that such action be suspended to afford an opportunity for inves- tigation of the merits of such action and further consideration by 

such Code Authority or Agency pending final action which shall not 

be effective unless the Admini trator approves or unless he shall fajl 

to disapprove after thirty (30) days' notice to him o£ intention to 

proceed with such action in its original or modified form. 
49 

ARTICLE VII-PnrCES A N D TERM OF PAYMENT 

ECTION 1. a h l\1 mb r f the In u try hall file with th eer tary f th A ic ti n (pro i led u h cr tary i in f t a onfi n ial an di inter t d R ent , r any tl er confi ntial an disint r te na nt r ag nts of the de \..uth rity or if n ne th n 

with an ag nt or ag n d ignated by the dminis rator for th 

p ri d until th od Authority shall have appoint <.1 uch aaent or 

ag nt ; rtified li t f all his pri , dis ounts, rebates allowance , 

an 1 all other terms an /or conditions of sale, hereinuft r in thi 

Article referre to as price terms ", for the S ate or tates in 

whi h he off rs Industry products for sale, except where price for 

export or for territories or insular possession of the United tat s 

are invoh-ed. uch lists shall completely and accurately conform 

to and represent the individual pncing practices of said member 

of the Industry. 

SECTION 2. Such lists shall contain the price terms for all such 

standard products of the Industry as are sold or off red for sale in 

such State or States by said member, and for such non- tandard 

products of said Member as shall be designated by the Code 

Authority. 

SECTION :J. Each price list so filed by each member shall state the 

brand of metal in all products andj or items covered by such price 

list, and shall define; in terms of analysis of base metal, gauge, 

weight, and type of coating or coatings; all grades oi all products 

and/ or items which it proposes to offer for sale. 

SECTION 4. Each such list shall show all discounts allowable if 

any to all purchasers. Each Member of the Indu try may cia sify, 

but without limitation, purchasers according to the following list : 

(a) State Highway Department. 

(b) Contractors. 

(c) Railroads. 

(d) United States Government Departments. 

(e) Cities and Towns. 

l

f) Townships. 

g) Counties. 

h) General Consumers. 

SECTION 5. Said price terms shall, in the first in tance be file 

within t en (10) days after the e:ffecti e date oi this Code. Such 

price t erms a originally filed in the first instance hall become e:ff c- tive inunediately upon receipt thereof by aid agent. Revised price 

t r may be filed from time to time thereafter with the aiel aaent 

or agents by any member of the Industry provided bowc\er that 

su h r i ions hall be iiective 10 ay after the receipt of uch fileu 

r t · and provi d further that any :Men ber of the Ind 1 ry mtly 

file r ised price t rms to meet price term of any other mber of 

the In ustry, ta li bed by the above m th as of the :ffe ti e date 

th re f. 1 

E 'TI _- 6. In mediately upon recej t f such fil d pric terns 

ancl r i ed pri e term , icl ag nt shall pr 1 ptly by rst cla mail 

r f a. term tho . , notify said m mber f the I ndu try of the time 

of receipt and th ff ctive date of such rice term . 

1 ee paragraph 2 of order approving thjs Code. 
50 

SECTION 7. Such lists and reviSIOns, together with the effective 

time thereof, shall upon receipt by said agent or agents be immediately an l simultaneously distributed to all members of the Industry 

who shall have previou ly signified their desire to receive such price 

t erms for certain States, and to all of their customers who have 

applied to said agency therefor and have offered to defray the cost 

actually incurred by the Code Authority in the preparation and distribution thereof, and shall be available f or inspection by any cust omers at the office of said agent. 

SEcTION 8. Said lists or r evisions or any part thereof shall not be 

made available to any person until released to all members of the 

Industry and their customers, as aforesaid. The Code Authority 

shall maintain a permanent file of all price terms filed as herein 

p rovided, and shall not destroy any part of such records except upon 

written consent of the Administrator. Upon request the Code Authority shall furnish to the Administrator or any duly designated 

agent of the Administrator copies of any such lists or revisions of 

price terms. 

SECTION 9. No member of the Industry shall sell or offer to sell 

'directly or indirectly through an affiliated company or otherwise by 

any means whatever any products/ services of the Industry, for 

which price terms have been filed pursuant to the provisions of this 

'Article, except in accordance with such price terms. 

' SECTION 10. No member of the Industry shall enter into any agreement, understanding, combination or conspiracy with any other 

member of the Industry to fix or maintain price terms, nor cause or 

attempt to cause any member of the Industry to change his price 

terms by the use of intimidation, coercion, or any other influence 

inconsistent with the maintenance of the free and open market 

which it is the purpose of this Article to create. 

SECTION 11. Any member of the Industry may enter into an agreement with a dealer under the terms of which such dealer may agree 

that he will sell the products of the Industry purchased from such 

n1ember of the Industry a.t prices which are not less than the price 

terms filed with the Code Authority by such member of the Industry and in effect at the time the sale IS made by such dealer; pro1 vided that nothing in any such agreement shall prevent the free 

disposal by such dealer of any distress or obsolete products which 

he may have on hand unless such member shall agree to repurchase 

the same. SECTION 12. The standards of fair competition for the industry 

with reference to pricing practices are declared to be as follows: 

(a) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the industry Ol' of 

any other industry or the customers of either may at any time complain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or t ending toward monopoly or the impairment of code wages and 

workino- conditions. The Code Authority shall within 5 days afford 

an opp~rtunity to the member filing the price to answer such complaint and shall within 14 days make a ruling or adjustment thereon. 

If such ruling is not concurred in by either party to the complaint, 

all papers shall be referred to the Research and Planning Division 
51 

of which shall ren er a report and r commendation ther on 

t th clmini tra tor. 

(b) Wh n no de lar d m r n y exists a to any given produ t, 

th r is to b no fix minimum ba i f r pric . It i intend d that 

t timatino- m thod shoul be u d an that on id ration 

be Qiv n to t in the determination of pri ino- p b i . 

(c) \Vh n an emero-en y xists as to any giv n rodu t ale 

b low th tat minimum price of such product, in violati n of 

tion 13 her of is forbidden. 

E ~ "'N 13. Emergency Provisions: 

a) If the Admini trator aft r investigation shall at any time 

find both ( 1) that an emer ency has ari en within the indu ry in 

any tra e area or areas a versely a:ff cting small cnt rpri r 

wage or labor conditions, or tending toward monopoly or other 

a ute conditions which tend to defeat the purpos s of the Act· and 

(2) that the determination of the stated minimum price for a pecified product within the industry in any trade area or areas for a 

limited period is necessary to mitigate the conditions constituting 

su h emergency and to effectuate the purposes of the Act, the Code 

Authority may cause an impartial agency to investigate costs in 

any trade area or areas and to recommend to the Administrator a 

deternlination of the stated minimum price of the product affected 

by the emergency and thereupon the Administrator may proceed 

to determine such stated minimun1 price. 

(b) 'When the Admini trator shall have determined such stated 

minimum price for a specified pro luct for a stated period in any 

trade area or areas, which price shall be reasonably calculated to 

mi igate the conditions of such emergency and to effectuate the 

purpo es of the National Industrial Recovery Act, he shall publish 

such price. Thereafter, during such stated period, no member of the 

indu try shall sell such specified produ ts within su h trade area 

or area at a net realiz d price below said stated minimum price and 

any such sale shall be deemed destructive price cutting. From 

time to time, the Code Authority may recommend review or reconsi ration or the Admini trator may cause any determinations hereunder to be reviewed or reconsidered and appropriate action taken. 

ARTICLE VIII-U NFA.IR PRACTICES 

For all purpose of the Code the following described acts shall 

c nstitu unfair pra ti and the u ing or employing of any o:f 

them shall be d em d to be a violation of th~ Code, and any memb r 

of the n us ry which hall directly or indirectly through any 

ffi r m I y e agent, r repre entative, use or em loy any of 

su h unfair pra tic s hall be rruilty of a violation of the Code: 

A . .... To 1 mbcr of the Indu · ry hall give, p rmit to be given, 

or dir tly if r to give, anything of alue for the purpo e of influ n ino- the ... tion f any empl yee, a ent, r r pr . entative f 

anoth r in r la ion to the u incs. of the employer of u h emplo ee, 

h rin ipal f u h ag nt or th re r ented party, ithout the 

kn wl 1g f u h m J r prin ipal r party. This pr vi i n 

shall n t t pr hi it fr and cr n ral distribution 

of arti I for advert· ing, ex e t so far as such 
52 

articles are actually used for commercial bribery as hereinabove 

defined. 

D. Imitating or simulating any trade mark or brand used by any 

other member of the Indu try for the purpose of deceiving or misleading a purcha er or potential purchaser as to the product. 

C. The furnishing of articles more or less expensive, of bette:v. 

or inferior quality, or of larger or smaller size than specified, without making the proper a 1justments in the price and clearly indicating the nature of the sub titution at the time the order is accepted 

by the seller. Further, the furnishing of connecting bands, accessorie ·, or fittings without proper compensation therefor shall likewise be considered an unfair practice. 

D. No member of the Industry shall secretly directly or indirectly 

make or offer to make any payment, allowance rebate, refund, commission, credit, unearned discount, or excess ahowance in the form 

of money or otherwise, nor shall a member of the Industry offer or 

extend to any customer any special service or privilege not extended 

to all customers of the same class, f9r the purpose of influencing a 

sale. 

E. 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. 

F. Inducing or attempting to induce any party to a sales contract 

with any member of the Industry to violate such contract. 

G. Aiding or abetting any person, firm, or corporation in any 

violation of the Code. 

H. Making or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price of 

such product. 

I. Issuing any invoice containing erroneous or misleading information or issuing _any invoice 'Containing any terms which by subterfuge or otherwise allows the extension of a discount period other 

than is intended in the filed prices of a member of the Industry, at 

the time in effect. 

J. Making any sale or contract of sale of any product under any 

description which does not fully describe such product in terms customarily used in the Industry. 

IC Rendering to any purchaser of any product in or in connection 

with the sale of such product any service, such as distribution by 

truck at various points on a project or other similar service or installing or erecting- the product or any other extra or special service, 

without charging such .purchaser the complete costs in connection 

with the rendering of such service. 

L. The manufacture for sale Df galvanized culvert pipe from 

seconds or waster sheets which are not plainly identified as such, or 

the sale of culvert pipe containing sheets which have been damaged 

in fabricating without plainly identifying as second-grade pip~. 

The sale of galvanized culvert pipe as primes which does not bear 

a brand and the name of the sheet producer and which does not show 

the gauge of sheets and weight of spelter coatings. 
5 

f o-alvn n · z d ulv rt pip fa uria p lt r ating f a 1 w r w ight 

I l r atino· r quir c1 by ' T nt bv 

rrngat d :1\I tal Pir c ulv rt " a l pt T th \.m rican A 0 inti n of 'tat Hi ghway IIicit 1 ' 1 3- X er t 

-n-h n u h ·uln rt pip i brc n l 1 a ' e onds ". N. Th publi hino- or cir ulating of threat or uits f r i.nfringem nt f patEn r trad marks or of any th r 1 ·al I roc din as not 

in · d faith, with the nd n y or effect of har::t ing comp titors 

or intimiclatin0 th ir cu tomers. 

0. It hall b an unfair practice for any member of th In lustry 

or for an mployee or agency of any member of the Indn try to 

mak a lmnp- urn quotation on or lump-sum ale of any bill of mat rial including any products of the Industry if uch bill of material 

includos any products or ervices other than the products or ervices 

of the Industry. 

P. ]\faking or offering to make any E:ale of any products of the 

Indu try in violation of the applicable provisions of Article VII of 

this Code. -

ARTICLE IX-MODIFICATION 

SECTION 1. This 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 theN ational Industrial 

Recovery Act, from time to time to cancel or modify any order, approval, license, rule or regulation issued under Title I of c::aid Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions 

impo ed by him upon approval thereof. 

SECTION 2. This Code, except as to provision required by the Act, 

may be modified on the basis oi experience or changes in circumstance, upon the recommendation of the Code Authority to the 

Admini tl·ator and upon such notice and hearing as he hall sp cify, 

and to b2come effective on approval by the Admini trator. 

ARTICLE X-NioNOPOLms, ETc. 

No pr vi ion of this Code hall be so applied as to permit monopoli s or monopoli tic practices, or to eliminate, oppress, or discriminat aaainst small enterprises. 

ARTICLE XI-PRICE INCREASES 

Wher as the policy of the Act to increa e r eal purchasin<Y power 

will b mad impos. ible of con ummation if price of p:oo and 

sen·i in T ase as rapidly as wag s it i r e ognized that price 

in r a. . hould be lelayecl and that, when made the same hould, 

o far a reas nably p ssible, be limited to a tual increases in the 

ll r' t. . 

nTI LE XII-EFFECTIVE DATE 

ff tive on the 11th day after its approval 

ppr v 1 'l c N . 511. 

Heo-i try N . 11. r:: 32. 

0 


UNIVER S ITY OF FLO RIDA 

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