Registry No. 1207-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

BRONZE POWDER INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

The Code for the Bronze Powder Industry 

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

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 
SUBMITl'ED BY 

THE ASSOCIATION OF BRONZE POWDER MANUFACTURERS 
CODE OF FAIR COMPETITION FOR THE BRONZE 

POWDER INDUSTRY 

To effectuate the policy of Title I of the National Recovery Act, 

the following provisions are established as a code of fair competition 

for the bronze powder industry: 

ARTICLE I-DEFINITIONS 

The bronze powder industry in this code comprises the manufacture of bronze powder and all powders of nonferrous metals 

or its alloys, principally for u e in the decorative arts. 

The term "industry" means the bronze powder indw:try as 

defined above. 

The term "United States " means and includes the continental 

United States. 

The term_ "Pre ident' means the President of the United States 

of America. 

ARTICLE II-PARTICIPATION 

Participation in this code and any sub equent revi ion of, or addition thereto shall be extended to any per on, partnership, association or corporation, in the bronze powder indu trv. 

Any member of the bronze powder industry may become a member 

of the code by signing and delivering to the a sociation a letter in 

the form as annexed hereto and marked "Exhibit I." 

ARTICLE III-lVIINI:M:Ul\'1 wAGE 

On and after the effective date, the minimum wages of accounting, 

clerical, office, shipping, or salaried employees shall not be less than 

the following weekly rates: 

In cities having 500,000 population or over, at the rate of $15.00 

per week. 

In cities having 250.000 and le than 500,000 population, at the 

rate of $14.50 per week. 

In cities or towns having le s than 250.000 population, at the rate 

of $14.00 per week. 

In towns of less than 2,500 population, employers shall increase all 

wages not le s than 20%, provided that this shall not require wages 

in excess of $12.00 per week. 

Population for the purposes of this code shall be determined by 

reference to the 1930 Census. 

The minimum wages of factory or mechanical workers or artisans 

shall not be less than 40 cents per hour to adult male employees, or 

less than 35 cents per hour to f emale employees and male employees 

under 18 years of age, unless the hourly rate for the same class of 

9443-33 (1) 
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work on July 15, 1929, was less than 40 cents per hour, in which 

latter case not to pay less than the hourly rate of July 15, 1929, and 

in no event less than 30 cents per hour. It is agreed that this paragraph establishes a guaranteed minimum rate of pay regardless of 

whether the employee is compensated on the basis of a time rate or 

on piecework performance; provided that casual and incidental 

labor, apprentices and learners, or those employees incapable of full 

productive effort because of old age or physical disability may be 

paid not less than 80% of the minimum wage schedule, and the total 

amount paid the above mentioned excepted employees shall not exceed in any calendar month 5% of the total wages paid by such 

employers. 

ARTICLE IV-HOURS OF LABOR 

On and afte:r effective date and so long as employees qualified for 

the work shall be available in the localities where such work shall 

be required, no employer in the industry shall cause or permit any 

employee to work more than the following schedule of maximum 

hours per week when averaged over a period of six months' time, but 

in no one calendar week more than forty-eight honrs: 

40 hours per week for continuous and noncontinuous process operations. 

The above hours shall not apply in the case of emergencies or 

where the safety of the men or the 1 reservation of the property 

necessitates longer hours, nor shall they apply to employees in 

executive, supervi ory, technical, or sales capacities and their in1-

mediate staffs, employees in any capacity who receive $35.00 per 

week or more, engineers, firemen, watchmen, janitors, stock clerks, 

shipping clerks, porters, and outside crews. 

ARTICLE V-EMPLOYMENT OF MINORS 

On and after effective date of this code, no employer of the bronzepowder industry shall employ any person under 16 years of age. 

ARTICLE VI-CosT 

For the purposes of this code, cost is defined as the total expen e 

borne by the manufacturer in the manufacture and sale of bronze 

powder. In addition to total manufacturing cost, including depreciation, depletion, packages, replacement cost of raw materials, 

and transportation thereof, it shall also include adequate allowances 

for sales distribution and management costs, ob olescence, interest 

charges, all contingencies, necessary reserves, a fair return on the 

capital employed in the business, etc., such as are now assumed by 

the majority of the industry in the conduct of its business and is in 

accordance with this code and with the principle of the Act. 

ARTICLE VII-UNFAIR TRADE PRACTICES 

The following shall be deemed to be unfair trade practices in the 

industry: 

1. Variations of openly and publicly announced prices and terms. 

2. Secret allowances by way of discount, brokerage, storage, advertising, and guarantee against price decline. 
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3. Variations of openly announced grade or package differentials. 

4. Delayed billings. 

5. Rebates or other allowances by any name or of any nature. 

6. Inducing or intending to induce a breach or a cancellation of a 

contract between a competitor and his customer. 

7. Giving of gratuities or special commissions to buyers, or rewards or payments to the employees of buyers or distributors, or 

the lavish entertainment thereof. 

8. Selling below cost. 

ARTICLE VIII-GENERAL PROVISIONS 

Employees in this industry 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 of collective bargaining or other mutual aid or protection. No employee and no one seeking employment shall be required, as a condition of employment, to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing. Employers of labor in this Industry 

shall comply with the maximum hours of labor, minimum rates of 

pay, and other conditions of employment approved or prescribed by 

the President. 

It is clearly understood that the National Industrial Recovery 

Act does not impair, in any particular, the constitutional rights of 

the employee and employer to bargain individually or collectively 

as may be mutually satisfactory to them, and it is further understoDd 

that the plants of the Industry are open to capable workmen without regard to their mem_bership or nonme1nbership in any labor 

organization. 

Nothing in this code is to prevent selection, retention, or advancement of employees on the basis of their individual merit without 

regard to their membership or nonmembership in any labor organization. 

This code is not designed to promote monopolies and shall not be 

availed of for that pur.pose. Furthermore, the provisions of this 

code shall not be so interpreted and administered as to eliminate 

or oppress small enterprises in this industry or to discriminate 

against them. 

If in the judg1nent of any member of the Code, party hereto, the 

operation or effect of the N ationa.l Industrial Recovery Act, either 

through this agreement or in any other way, shall deprive such member of the rights guaranteed to him or it by the Constitution of the 

United States, the signing of this code shall not be considered to 

have been a waiver of any such right. 

ARTICLE IX-AnMINISTRA TION 

• To effectuate and administer the policies and purposes of till1:l 

Code, the Association of Bronze Powder Manufacturers shall be 

constituted the agency to administer this code. 
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ARTICLE X-CANCELLATIONS oR MoDIFICATIONs 

This code and all provisions thereof are expres ly made subject 

to the right of the President in accordance with Section 10 (b) of 

Title I of the National Industrial Recovery Act from time to time 

to cancel or modify any order, approval license, rule, or regulation 

of Title I of said Act. 

ARTICLE XI-CHANGES, ADDITIONS, AND TERM 

Such of the provisions of this code as are not required to be 

included therein by the Act may, with the approval of the President, 

be modified or eliminated as changed circumstances or experience 

may indicate. 

If any employer of labor in the Industry is also an employer of 

labor in any other industry, the provisions of this code shall apply 

to and affect only that part of his business which is included in the 

Industry. 

This code shall become effective on the Monday following its 

approval by the President. 

All provisions of this code and any modification thereof shall cease 

to be in effect after June 16, 1935, or sooner if the President shall, by 

proclamation, or th_e Congress shall, by joint resolution, declare that 

the emergency recognized by Section I of the Act has ended, or they 

may be terminated by the affirmative vote of five members of the 

Association. 

AR'I'ICLE XII 

It is the purpose and desire of the bronze powder industry to 

comply fully with the provisions of theN ational Industrial Recovery 

Act. The Bronze Powder Industry respectfully asks that this submission be received as a code of fair competition under Section 3 (a) 

of said Act and as an agreement under Section 4( a). 

Respectfully submitted. 

THE AssoCIATION OF BRONZE PowDER MANUFACTURERS. 

Submission and form of Code Approved: 

• 
EXHIBIT I 

FORM OF LETTFJR OF ASSENT TO THE CODE 

AUGUST -, 1933. 

To the ASSOCIATION OF BRONZE POWDER MANUFACTURERS, 

99 Wall Street, New Yo1·k, N.Y., 

DEAR SIRs : The undersigned, desiring to become a member of the Code of 

Fair Competition of the Bronze Powder Indu try, a copy of which is annexed 

hereto marked Annex A, hereby assents to all of the provisions of said Code 

(hei:einafter referred to a the Code). and effective1 as of the date on which 

the Code shall have been approved by the President of the United States of 

America as therein provided, or as of the date on which this .letter hall have 

been delivered, if delivery thereof shall have been made subsequent to the date 

on which the Code hall have been approved by said President as aforesaid, by 

the signing and delivery of this letter becomes a member of the Code and effective as aforesaid hereby agrees with every person, firm, association, and corporation who shall then be or thereafter become a member of the Code, that 

the Code shall constitute a valid and binding contract between the undersigned 

and all such other members. 

For all purposes of the Code the address. of the undersigned, until it shall 

tile written notice of a change of such address, shall be as set forth at the foot 

of this letter. 

Very truly yours, 

Address: 

(5) 

0 
UNIVERSITY OF FLORIDA 

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3 1262 08582 8332 

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